City Sues Citizens

On September 6 the City of Encinitas filed a lawsuit against Encinitas residents, naming 100 [John] DOEs as defendants along with “other unknown persons or entities claiming any interest in the subject of this litigation as DOE defendants.”  At Council direction, the City is effectively suing its own residents for their participation in Proposition A “Right to Vote Initiative” (Prop. A), Measure T, and Measure U elections. 

The City seeks to overturn the results of the 2013 election that passed Prop. A and replace the current requirement for voter approval of Housing Element Updates (HEU) with a simple Council majority.  These required updates represent the bulk of all upzoning in Encinitas. 

Citing the failures of Measures T and U, the City claims that Prop. A interferes with its ability to comply with state housing law.  Residents who voted against Measures T and U maintain that the City far exceeded State housing requirements in its desire to provide maximum profits to developers.  Voters viewed these measures as gifts to developers and the reason for their majority No votes.  Examples of these gifts included: low percentage of affordable housing; Prop. A nullification clauses; and greater building heights than necessary.

The City further alleges that it negotiated Measures T and U with HCD (Department of Housing and Community Development) yet despite claims of transparency failed both times to provide requested verification to the public of such negotiations through minutes, emails, and recordings.  The City also maintains that it considered resident input in crafting Measures T and U; however, no proof of this input having been incorporated is evident in either plan.

Prop. A was a single issue Special Election with 12,873 people taking part in the vote.  It is unclear from the lawsuit how many of the people who participated in the Prop. A, Measure T, and Measure U elections are named in the lawsuit.

Click the link to view the lawsuit: Complaint for Declaratory Relief

Fire burns Mozy Cafe, Shatto & Sons, Peace Pies, Cali Life

Fox 5:

A blaze ripped through a well-known Encinitas cafe and three attached businesses early Monday morning.

The fire broke out at Mozy Cafe, off North Coast Highway 101 and Daphne Street in the Leucadia neighborhood, some time after midnight.

Blakespear vs. 5G

Encinitas Votes:

In pandering to a pressure group, and misleading them about what the city can do to help their cause, she has actually done material harm to that cause. And by quoting the email contents publicly, the group STOP 5G Encinitas itself has shot itself in the foot. If the mayor actually planned to wield the restored decision powers in the wake of a legal victory over the FCC to slow and block the expansion of 5G, then she would have considerably more latitude to do so without everyone knowing about this email.

And now that Encinitas is a party to the lawsuit, the mayor’s email may become evidence in court that the FCC could use to demonstrate that municipalities should not have restored local powers, because they plan to abuse them. Ironically, Encinitas joining the suit may hurt plaintiffs’ chances of winning.

Gaspar battles SANDAG

Supervisor Kristin Gaspar on Facebook:

9/25/19 City Council meeting open thread

Tonight’s hot topic: Blakespear vs. the cyclists!

Please use the comments to record your observations.

Blakespear pleads for public support for bike lane removal

Mayor Blakespear’s newsletter:

Let me start this newsletter with a big thank you to everyone who has written an email in support of the barrier-protected bikeway along Highway 101 through Cardiff. The City Council will consider the proposal this Wednesday. Please keep your supportive emails coming to our Encinitas elected officials at council@encinitasca.gov! And importantly, please come out Wednesday to speak to the City Council at City Hall, located at 505 S Vulcan Avenue. The meeting starts at 6 p.m., but I would predict that this item won’t be heard until after 7 p.m.

Blakespear’s proposal would eliminate the existing bike lane and force cyclists to choose between a 45 mph car lane and a pedestrian walkway full of families with beach gear.

Neptune land owners lose seawall and setback appeal

4th Appellate District ruling:

The Commission's appeal challenges the trial court's disapproval of the special conditions requiring (1) the home to be set back 60 to 62 feet from the edge of the bluff, instead of the 40-foot setback approved by the City of Encinitas (the City); and (2) a waiver by the Lindstroms of any right to construct a shoreline protective device, such as a seawall, to protect the home from damage or destruction from natural hazards at any time in the future.

Result: no seawall, 60 foot setback.

Analysis here.