Monday, November 23, 2020

Fox Point Farms developer makes concessions to neighbors on condition they silence opposition

From the Inbox:
Attached is the MOU between Grover and residents. Odd that he is making a deal with them and not just resubmitting his plans with the city according to the promises he makes in the MOU. The whole thing appears orchestrated solely to stop any opposition. How much do you want to bet that when the time comes, he'll claim that the city is making him do what he promised he wouldn't?

Is this the new negotiating model in Encinitas, or is this just how you have to deal with those "crazy Leucadians"?


63 comments:

  1. Grover is the developer behind "Nolen Communities," works at Dudek, and was appointed by Blakespear to the Traffic Commission. He's also one of the mayor's big cycling supporters. Suffice to say he's a favorite at the city.

    Anyone who signed the contract should have known that Grover's likely already got the city "overrides" of his side of the agreement ready to roll. He'll get everything he wanted originally and the neighbors will be the suckers left with a worthless piece of paper to show for having trusted him.

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    1. Grover is a spoiled cunt whose parents bought him a condo down on PCH, like Hinze mom bought her one. And Blakespear mom gave her one....see a trend here with all these spoiled cunts?

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  2. I'm not sure I understand the issue.

    We listened to the concerns of the community, worked directly with the City to address those concerns, revised our plans accordingly, and committed to certain conditions of approval per the neighborhood’s request. These commitments – such as closing off vehicular access to Sidonia – address the biggest issues raised by the community related to the Fox Point Farms project over the past three years. They are all part of the project going before Planning Commission.

    And now I’m being criticized for working through those issues with the neighbors? What exactly are you upset about - that I successfully worked through issues with the neighbors? That I decided to listen to the community instead of turn my back to them? Paint me with whatever paintbrush you like and try to spin this however suits you. The reality is that we did the right thing by working with the community, and those neighbors we worked with are appreciative.

    Would you rather I just did what you expected a “developer” to do and ignore the concerns of the neighbors, so that I could properly fit the developer stereotype and make it easier for you to hate me?

    Brian Grover
    Nolen Communities

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    1. Grover, you're not first the developer to use the ploy of "kind" developer. Be ready for a fight.

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    2. Getting residents to sign an agreement that can later be overturned by the city in order to shut up anyone who dares to complain stinks to high heavens. No hate, just fact.

      Why is a nonbinding side agreement with residents required in order to respect and accommodate their concerns? Why is a gag order necessary in order to break the developer stereotype? Why are those who have not yet signed being pressured to do so? Something is very, very off here.

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    3. True: why is a signed contract needed to do "the right thing?"

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    4. Care to comment on your "crazy Leucadians" comment, Mr. Grover?

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    5. >...and make it easier for you to hate me?

      Nope, not necessary, it's already too easy.

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    6. Lol what's he going to say "I was just joking?" Yeah, right.

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    7. Grover, your a spoiled cunt who lives for free and spends too much time biking around Encinitas like some sort of retiree, get a real life beeatch!

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  3. Number 1 rule - Don't sign away your rights with rats posing as kind developers.

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    1. He's paying the price for his comrades in arms reps plus his own as being just a wee bit too slick.

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  4. Looks like Grover won't return to explain anything further. Kitchen's too hot. Wonder what his firm thinks of the shenanigans?

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  5. Right, those crazy Leucadians sure see max development and jammed traffic on 101 as "progress."

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  6. I don't know this guy nor do I know the issue. But when someone mentions "crazy Leucadians", be advised that since I moved up to this North County area, the place is loaded with nut cases, not just Leucadia. In fact, I've never come across so many people that seem to be clinically insane. You know the types. The far away look in their eyes, wearing leggings under the skirt and or shorts. Yes...those whackos. The kind that vote for an elderly man with dementia.

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    1. Sure........I know the type.......People that work real jobs and don't live with their mothers.

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    2. Ahh, you mean the type who have touched a tit in the last 3 months.

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    3. just like the two responses above this one.
      See what I mean? Whackos

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  7. Grover is also involved in two other high-density housing update projects including Sunshine Gardens. He's also part of the mayor's inner circle. He'll get whatever he wants and the residents who thought he was a good guy being sincere are the type who have to learn things the hard way.

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  8. Sidonia neighbors: Don't sign away your rights to change your opinion or protest in the future. There is no legal requirement to do so. This project hasn't been approved by the Planning Commission yet. If there are changes in what the developer wants and gets, the neighbors can appeal the decision to the city council.

    This property is zoned Agricultural in perpetuity. The city only agreed to the high density upzone because of the Agrihood proposal. It was a unique way to build public housing on the property. Don't believe any threats of 100% super-dense housing on the property. Without the Agrihood the owner of the property will have a very tough row to hoe.

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  9. Hey Brian,

    Sorry you have to deal with this.

    Okay. So people don’t like the MOU?

    Cool cool cool.

    Brian, rescind the deal, reopen the driveway onto Sidonia, and bump up to 4-5 stories.

    They don’t want a compromise that serves the interests of both parties.

    So I say, Fuck ‘em.

    If you are going to take a bunch of crap for doing the right thing, then you may as well scrap the deal and maximize your profits.

    Personally, I like compromise, and I think you were pretty cool for making adjustments in exchange for community support. But that’s just me.

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    1. Or don't require an MOU and be the good developer guy he claims to be.

      Assuming he's here to stay awhile he'd be well advised to avoid the reputation a certain bombastic attorney friend of the mayor has. Do the right thing when no one's looking - what's so hard about that?

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    2. Oohhhhhh!

      I see.

      So a good deal is one where you get everything you want, and you give nothing in return.

      Business genius right here, folks.

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    3. Yer buddy got caught trying to pull a fast one, 11:06. I got my tiny violin all tuned up for ya both.

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    4. Actually, you are trying hard to fuck up a sweetheart deal for your neighborhood, dumbass.

      Go look at the city projections for units in the housing element, then look at what’s being proposed. Goodson is proposing something like 300% of what the city projected for that parcel. Others are proposing double the city projection.

      Brian was only proposing as many units as the city projected. He could easily reverse this decision and propose 3x more units like Goodson is doing.

      The fact that he’s not leveraging density bonus to get a crap ton more units, height, parking waivers is an absolute gift. The fact that he was willing to add fencing, landscaping and close traffic into an existing neighborhood is a fucking gift.

      At this point you are being a dick to the guy who is doing the right thing. I sincerely hope he gets so pissed off that he withdraws the deal and fucks your neighborhood completely.

      That’s what you deserve.

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    5. Wow, angry much 11:37? You the predictably potty-mouthed mayor's bff attorney?

      The residents deserve a developer who will work with them. Grover says that's what he wants to do. He claims he wants to do the right thing. But for some reason he can't without a signed, but nonenforceable gag agreement with the residents.

      Grover's little arrangement doesn't make sense and 11:37's anger only serves to prove that he and Grover know this.

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    6. 11:37 sounds like Grover himself, perhaps more than a little freaked that his project is not going to sail as smoothly as he anticipated.

      This is his first big development undertaking and he's tripping up from the start. It is likely that his backers are expecting a stellar performance out of him. Not going to happen and the mask appears to be slipping.

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  10. 9:23 has it right regarding the zoning. There is NO reason for Grover to ask for a signed contract except to try to reduce opposition. None. Sidonia neighbors need to understand that Grover can do all he promises without a contract.

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    1. Exactly. Grover is trying to spook the neighbors. Plus he's as slick as can be. All he needs to do is be truthful with the neighbors and hold to the promises he makes. The MOU has a bad odor about it.

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  11. Leucadia is good with the new developments. They knew Kranz supported all of this development and still voted for him. Why can't we place all the up zone projects in Leucadia! It's really the only place left in Encinitas to build.

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  12. Blanco Nightmare Bitch!

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  13. Did any of you whiny bitches actually read the MOU?

    It says that Nolan made a bunch of changes that the neighbors wanted, and then the neighbors moved the goal posts and came back with another raft of change requests.

    So Nolan is agreeing to make the second round of changes (a detailed list is provided), in exchange for the neighbors’ agreement to stop moving the goal posts and agree to support the project.

    I have never in decades here in Encinitas seen a developer be so accommodating to neighbors and reasonable.

    Anyone opposed to this rational compromise is admitting that they are a spoiled child who just wants to constantly move the goal posts.

    Again, Nolan could have proposed seven stories and triple this density, as Goodson has done. In fact, he can still withdraw the application and resubmit at seven stories.

    So go ahead. Continue to shit on him and piss him off—see where it gets you. But don’t blame anyone but yourself if he decides he’s had enough and fucks your neighborhood.

    Good luck.

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    1. Grover, your outrage is odd. This town has been screwed relentlessly by developers and stomping your tiny feet reveals just how completely you fail to understand this.

      Why not just do your best to accommodate the neighbors and lay off the weird contracting attempts? Who told you to try this anyway, the mayor? The same mayor who will happily override your MOU promises and restore what you originally wanted? The same mayor who like you, continually warns the public how much worse a project could be, so sit down and shut up?

      You have to know this does not even begin to pass the smell test. Come on, man.

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    2. Hey 7:57 or Grover, this parcel was Agricultural property. It will now be up zoned to R-30 making Grover and Echer $$$MILLIONS$$$. This is the least they can do. If I lived it this neighborhood I would be fighting it every inch of the way. I would do what those in Olivenhain (Goodson Project - fight it legally). Those homeowner just lost 100's of thousands of dollar on their home appraisal, based on this development. If you don't believe me, check with your real estate agent and provide them with the proper disclosures of this new project.

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    3. What do Grover and the city think a restaurant and alcohol license have to do with affordable housing? That's why this is on the map, right? Deliver affordable housing? Lots of things not adding up here.

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    4. Threats will get you everywhere, 7:57. Talk about whiny...jus' sayin.'

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    5. If you want to cancel the agreement, then both sides of the agreement are canceled.

      That’s not a threat.

      That’s reality.

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  14. Anonymous at 7:57 AM This sounds like Grover's doppelgänger, his evil twin. In decades of watching new project go in, I have never seen a developer ask the neighbors to sign an MOU and give up their rights to object to aspects of the projects. This is unprecedented, an offense to the neighbors. Something's really wrong here.

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    1. Cool.

      Then tear up the MOU, and Grover can reopen the planned road into Sidonia, bring the lower fences back, and put the exercise path back the way it was.

      Cool?

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    2. Or...just a thought...do what he promised without the MOU? Ya know, 'cause Grover (11:37, 7:57, 2:37?) is such a good guy he puts his money where his mouth is simply because it's the right thing to do.

      He either is the prince he claims to be or he's the wolf in sheep's clothing he appears to be. Can't have it both ways and MOU aside, he needs to decide who he's going to be on this project and in future. Knock off the "cool?" crap and answer straight.

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    3. 2:37 why would he reopen the road just because he doesn't have an MOU? That is the kind of thin skinned retribution our mayor engages in and Stocks before her. Birds of a feather??

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    4. If the deal is off, then both sides of the deal are off.

      In the real world, compromise is a two way street. Grover makes compromises in his plan to your benefit, and you agree not to fight him.

      What you want is for him to make changes in exchange for nothing.

      That’s like saying you want the lien holder on your car to agree not to repossess your car, but you don’t want to commit to continue payments.

      Or you want Seaside to commit to let you walk out of the store with your cart of groceries, but you don’t want to pay for it.

      Compromise is a value for value exchange.

      You give something and you get something in return from the other party.

      To expect something for nothing is to be a spoiled child.

      It’s fine to ask for the agreement to be scrapped. But if that happens, don’t expect the other side to unilaterally honor their half of the deal.

      Scrap the MOU if you want. Just accept the consequences if you do.

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    5. Sounds desperate to me. "Sign or you'll be sorry." Very persuasive.

      This is a good deal for the developer only.

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    6. To clarify, are you calling for the MOU to be scrapped?

      And for both sides to be released from their commitments as stated in the agreement?

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    7. You're asking anonymous posters what you should do?

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    8. I’m asking dipshits to consider the implications of their positions before embarrassing themselves.

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    9. Oh, you've already embarrassed yourself.

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  15. I live in this area and nobody asked me! The MOU doesn't speak for the neighborhood!!!!!!!!!!!!!!!!!!!!

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  16. Something smells fishy here with Grover.

    I could be wrong, but I seem to recall that the open access to the Fox Point neighborhood was required by code, if the project was to be built.

    If it had remained a growing operation, that access did not have to be opened into the adjoining neighborhood.

    Now Grover is saying he can help to do away with that demanded access? Don't believe that for a second. Code demands a secondary route in and out of the property.

    I look to others more informed than I to clarify.

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    1. He's saying a lot of things but is still careful to include "unless city overrides" language. Opening the access could well be one of those promises that will ultimately allow him to say his "hands are tied" by the city.

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    2. I also remember from an earlier meeting that two accesses to the project are required. There was also discussion of an alternative access off of Quail Gardens on the north side of the property, but physical limitations ruled that out. Grover needs to come clean on this.

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    3. The second access was converted to a closed gate with a box that allows the fire dept or sheriffs to open it in an emergency, but not for use by the residents for regular traffic.

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    4. Code does demand a secondary route in and out of the property. But Grovers tactic was to tell the residents that it was his option where to put it. So the residents that signed the MOU took the bait to keep the cars from 253 homes out of the Fox Point neighborhood. Which by the way has two exits both on Leucadia Blvd. The request by the neighbors of Fox Point was to put both exits on Quail Gardens across from the golf course rather than on a street where children play. There have already been multiple accidents at Sidonia St and Leucadia Blvd with cars that have run red lights. Until someone is seriously hurt no one in the city council will address that and maybe not even then, unless they are on a bike. Brian Grover is the manager on the traffic commission appointed by Mayor Blakespeare. I tried to insist that it was not up to Grover and that the residents of Fox Point could work with the city to make the exit on Quail happen. But maybe not if the mayor and the council members override it all. I asked Tony Kranz one time why all the roundabouts that slow the traffic down where all west of 5 that we could use one the east side to make it safer to ride a bike or even cross the street between Quail and Saxony. He said good luck with that he was just getting one put on his street. So much for representation of the people. Brian did change a few other things on his plans that were insignificant to most of the neighborhood except those living right next door to the development. But when it came to the objection over the size of the project and change in zoning, agricultural in perpetuity, to residential and COMMERCIAL, that was "off the table". Unless he got his restaurant which would host large events he was not willing to talk. Just what we need another commercial area next to families with children, where we can party!!!!!
      There was a group of five residents of Fox Point that volunteered and worked very hard with Grover to help make the project acceptable to those living close to it. And Even though everyone was very grateful to them, it was a lot of work, many could not attend because of Covid. When it came time to sign a document requiring to basically keep your mouth shut or else we would get a lot worse. It sounded like a threat to me, it divided us. Maybe that was Grovers intention! A few unhappy residents didn't want to be bullied either and after speaking with several lawyers we requested to them to look at the EIR. The EIR is much more important here than the MOU. The only way to mitigate the traffic is by reducing the size of the project. Originally Bob Ecther met with the residents of Fox Point and proposed an agrihood and asked for our input. At the time it was for 100 homes and a farm area. It was just a fishing expedition is how I see it now. We, some of the residents, were happy that it would be a farmlike development, keeping the quality of life a decent one, CLEANER AIR. Then came Brian with his plan, which he told us was at the suggestion of Tasha Boerner Horvath, to build the max. This also pleased Mayor Blakespeare, who could supported yet another high density project but not one in Cardiff. Brian Grover will live in his dream house but probably not for 30 years like the residents of Fox Point. There will be another 2000 cars a day on Leucadia Blvd between Quail Gardens and the freeway and that is just with that development alone. It doesn't just affect the Fox Point neighborhood but every resident who uses Leucadia Blvd. Brian will move on to the next development and destroy yet another part of Encinitas. If they change the zoning to develop more houses to meet the affordable housing, R30 should be for every neighborhood. I still hope the city council can do the right thing and protect Encinitas from big development for the benefit of everyone not just their own interests.

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    5. You left out from this sentence: "Unless someone politically useful to the mayor is seriously hurt...."

      Until someone is seriously hurt no one in the city council will address that and maybe not even then, unless they are on a bike.

      Anyone gullible enough to sign an unenforceable MOU and buy Grover's good-guy front deserves what they get. And there is no doubt that he will bring it.

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    6. 55% of residents voted for Blakespear. Your were told Blakespear didn't care about you or the city. If you voted for Blakespear, you have created the monster. The only way to get rid of it is to recall Blakespear. Anyone has the courage to buck her and start the recall?

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  17. 4:45pm. Grover? That second access has been there all along, but rarely used.

    With the coming 250 housing units, it will be required to have that neighborhood access open.

    I imagine that could be mitigated with a second access created on Quail Gardens Dr.if there was room for it. I don't think there is room enough to satisfy the codes.

    Then again, city codes mean little with the current and ongoing administration, so anything is possible to satisfy any builder desires.

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  18. Farm to table marijuana.

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  19. 55% of residents voted for Blakespear. Your were told Blakespear didn't care about you or the city. If you voted for Blakespear, you have created the monster. The only way to get rid of it is to recall Blakespear. Anyone has the courage to buck her and start the recall?

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  20. Now that the Fox Point project has been approved, and Brian fought tooth and nail to make sure that second access isn't open except in emergencies, I guess a lot of people on this thread were wrong. It looks like the MOU was a pretty good tactic for the community to get what it wanted and Nolen to minimize opposition. Heaven forbid we actually see a win-win in Encinitas!

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    1. It's only a win-win for Grover and the five people that he negotiated with. It's not a win-win for Encinitas.
      The latest news is that Grover actually made agreement with one or all of the five to sell them premarket condos at a below market price. Sweet. If you want me to put in a locked gate on Sidonia Street just sign here. If you keep your mouths shut and support my project I'll pay you off.

      Such a deal. I'm glad that I don't live in Fox Point, It will be a war zone when the dust settles. War between the Fox Point Five and those that were not invited to the party.
      Good luck to all of you. Keep in mind folks they are looking at fines and possible jail time for bribery and accepting a bribe.
      Teh nuts never fall far from the tree.

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  21. Well, we are finally finding out what was really going on last summer with Grover. We now learn the the deal is DIRTY! This puts the entire project in jeopardy with the state of California and their affordable housing program. Grover could lose his license as a developer as well as a very stiff fine.
    I suspected that there had to be something more than a locked gate to turn people from adamantly against to cheering its completion. The people that accepted a bribe in the form of a low premarket price should be investigated as well as Grover.
    I wonder now how far up the chain this goes. I remember when Tony Kranz was adamantly against the project. He too made a sudden reversal to, "for the project" as he stated in the City Council hearing.
    As far as Grover telling everyone that he worked closely with all the residents of Fox Point just the opposite was true. He worked with five people. I can name them if anyone wants to know. Those five individuals went door to door cajoling, coercing, and arm twisting for signatures on the MOU.
    I live in Fox Point and believe me this place has been a war zone since October 2020. I had my computer hacked by one of Grover's goons. I know who he did it. He's the same guy who picked a fight with my wife after I wrote a letter to all the residents that signing the MOU would take away their first amendment right of free speech. They succeeded in getting 76 signatures. That number amounts to 30 households (assuming there are two per household). That is hardly a majority in a community of over 100 households.
    I've spoken to the FBI about my computer being hacked. They called it cyber criminality. They are still investigating. The last phone call that I had from them was about a month ago. Perhaps they should look at the Brown Act with regards to the building affordable housing with bribery.
    I am writing my comments as Anonymous. My wife and I don't want any more threats. This is a war zone now and has been since last summer.
    Ms. Mayor, what are you doing about this?

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  22. I've been following this blog for the past few months. What needs to be done is the mayor should clear the smoke and see if there really is some fire. She should appoint an independent commission to investigate any wrong doing on part of Nolen Communities. And investigate ethics at city hall with regards to the Brown Act.
    I's time Ms. Mayor to step up and have a look at what's been going on in your city. I'm not going to hold my breath on this one. I'm certain that nothing will be done.
    Good luck, residents of Fox Point.

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    1. Now that Prop A is going to court we might just fine out what was going on behind the scenes at City Hall.

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