Monday, September 8, 2014

First Amendment issues at tonight's joint meeting of Council and Public Safety Commission

Tonight's meeting is to clarify the role of the new "Traffic and Public Safety Commission," which replaced the old "Traffic Commission."  Some time ago, the Council changed the name of the commission but didn't explain adequately to the commission what new authority or scope it had.  So the new and expanded "Traffic and Public Safety Commission" has been doing exactly what the old "Traffic Commission" did.

So we'd expect the Council to explain what the point of the name change was.

But to make things interesting, Commissioner Al Rodbell is challenging the possibly un-Constitutional city law that allows for the arrest and prosecution of anyone who doesn't obey orders to stand for the Pledge of Allegiance (which also contains the uttering of "under God" that some argue is un-Constitutional).

From the Inbox:
Enc.
Feel free to print this, or put it in your own words.  Meeting is in a few hours.
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The Joint meeting of the City Council and the Traffic and Public Safety Commission tonight at the Balour Senior/Community center could turn out to be interesting.  If they ignore responding to this essay that I sent to the city official earlier, then I have to decide whether to support the man in Florida who was threatened by a police officer for expressing his rejection of the Pledge of Allegiance, or cravenly succumb to local authority.

I really don't know how this will unfold, but if you have the time to read the essay carefully, you will see this is no trivial matter for me. You will see my objection to having the Pledge as official government business is based on a Supreme Court decision that predates "Under God"  This "joint" meeting structure of two government bodies is not described or defined in any city ordinance or Brown Act compendium that I could locate - so anything could happen.   I did send in a specific suggestion for this agenda that they refused to include in the 87 page agenda packet, so I'll give the link to it here.

It would be good to have supporters in the audience, yet I feel I will be accompanied by Justice Robert Jackson and his eight colleagues on that 1943 Supreme court, although I'm not sure the language of their decision and dissent is still intelligible in today's world.

I guess we will find out.

Al Rodbell



70 comments:

  1. Not sure this is the right venue for the debate, Al. But you are right, the SCOTUS did decide this issue pretty clearly.

    I happen to be an atheist, although I respect others' beliefs, and don't feel compelled to convince, argue, or even share my personal beliefs with friends and neighbors.

    I've attended a handful of council meetings and school events where the Pledge is recited. Law or not, I choose to stand, hand on heart, as a show of respect for the flag, our country, and all it symbolizes.

    I just quietly recite the original Pledge, before Cold War fears gave rise to Senator McCarthy, bomb shelters, the McCarran Internal Security Act, the Cincinnati Redlegs, and other acts of mindless jingoism.

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    1. Correction, I'm an agnostic, because I have no proof there are no gods.

      As Carl Sagan put it: “An atheist has to know a lot more than I know. An atheist is someone who knows there is no God.”

      http://www.washingtonpost.com/blogs/achenblog/wp/2014/07/10/carl-sagan-denied-being-an-atheist-so-what-did-he-believe-part-1/

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    2. King Nebucadnezzar make a gold statue of himself, invited all the nations to come to a celebration of it and ordered them to stand in obiecence to it when the music began. A few radical Hebrews refused and were cast into fire. Why? They believed in not worshiping idols.

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    3. An atheist is a person who believes there's no god. The evidence there isn't is overwhelming, and there's no evidence there is. People made up what's called evidence there is. You're expected to take that invention on faith — blind faith.

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    4. 8:27, so you're saying order comes from chaos?

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    5. 9:05,

      I'm not 8:27, but I suspect you are about to mischaracterize the second law of thermodynamics.

      Am I right?

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    6. No, 9:27. I merely asked a foundation rattling question of 8:27. You an aftershock? Then 9:15 piped in to explain creation to me and did so in glowing colors with an educational video from a highly educated man (who doesn't know what gravity is, but he is certain 14 billion years ago the universe was smaller than the head of a pin and obviously popped into existence from the timeless land of Zilch). I also learned who needs God, if inevitable Goldilocks Zones drop out of the darkness all by their lonesome anyway? I'm pretty convinced 9:15 believes order comes from chaos. I learned a lot, thanks. (Evidence instead of high resolution cartoons would have sufficed, but the guy sounded so sincere, his word and apparent expertise was good enough for me.) Lucky us the universe worked the first time and wasn't a dud. Or maybe there were trillions of magical duds before one was finally mutated and stinky enough to ignite. Oh, but it had to be dark way back then, just nano seconds before the first itty bitty thing appeared. Oh wait, it couldn't have appeared that would mean something saw it. But good thing we have CGI now so we can!

      What's a campfire story without night? And what's an alpha man's story without explosions? Put a suit on a good speaker, let him ramble for 18 minutes sans evidence and voila, he'll convince a lot of people that "if you wait long enough, something will come from nothing". Guess what? Orwellian math is alive and kicking on TED.
      I just hope Mr. Christian's grandson doesn't marry an inferior race and farg up a rung on his ascending ladder of human perfection. But judging from his Aryan audience, he should know through Darwin that those races are easily identifiable from the shapes of their craniums, so we don't have to worry about that one.

      Mr. Christian's video started out right. Order doesn't come from mush. "Yet, look around us" as he shifts to confuse technology with evolution. Sure, we make nicer toys that make our lives easier and pat ourselves on the back, but is mankind any different than we were at the dawn of civilization? Turn on the evening news.

      I've seen know it alls in my time, but if this cat's credibility didn't wain with you at "each stage is magical", remind me not to take the science classes you did.

      Now enlighten me on the 2nd Law of Thermodynamics and Entropy lest I mischaracterize them, 9:27. Odd the man admits what he's about to say is in spite of those two things, yet I'd the one to mischaracterize them? Hardly.

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  2. I'll go to the meeting if they go back to calling a Christmas Parade and an Easter Egg Hunt.

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  3. Al, no one cares if you stand or not. No one gives a shit if you recite the pledge or not. Stop trying to make this about you, no one is going to arrest you. I don't give a flying fuck in hell what you do at this or any other meeting . Go jump in a lake...

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    1. Wow. 5:57, you by any chance a "Christian?"

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    2. 7:15- what does a "Christian" have to do with anything . Al is a burned out old hippie who thinks the world revolves around him. This town is sadly full of burned out hippies that have nothing better to do all day than post nonsense on this and other blogs..7:15 go jump in a lake .

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    3. And 8:02 says that as he/she posts nonsense on this blog.

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    4. What about the burned out punkers?

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  4. 7:15, Ever been hit with an Spring Egg?

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    1. Lol, you a Christian looking to bean a non-believer?

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    2. 7:37, Those who live by the bean, die by the bean.

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    3. Hahaha, now that's something I can follow.

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  5. Some dysfunctional schooling molested the decisions of two of our council.

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  6. Maybe someone can ask our current mayor (GASpar) why she stands and recites the pledge with her left arm behind her back. I have not seen anyone do that before. Is there a message there?

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    1. 7:44, That's ok, as long as the fingers on her left hand aren't crossed.

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    2. "Ready, begin!" anyone ever been in council and subjected to Gaspar's kindergarten-level start to the pledge? Blech.

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    3. 7:44 That was a Hitler Youth practice.

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    4. 8:07 And that is why I refer to this mayor as "juvenile".

      She has a long way to go before she grows up.

      Can we all say "rah, rah, rah?" Everyone jump now on the count of 3.

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    5. Maybe Gaspar is Jewish????

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    6. 10:26: what makes you ask that?

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    7. Why would it matter? We're all Americans, don't start pulling some weird race card. There's enough to disqualify Gaspar on without that, like her lack of involvement in city affairs...

      Yeesh!

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  7. A little something from Catherine:

    Catherine S. Blakespear says:
    September 7, 2014 at 9:08 pm
    I understand there’s concern about the future of the property around Rossini Creek that is owned solely by my mom, Tricia A. Smith. To set the record straight, she has no plans to develop her property. In the 1990s (more than 20 years ago now) my widowed grandma considered selling a portion of the property in order to keep her home and the rest of her yard in tact. During this time, my step-dad died suddenly in a car accident. The tragedy led to many changes in priorities and the plans were dropped. I can say unequivocally that Tricia is not planning to develop her land.
    There are several things worth remembering here. First, we’re lucky to have people like my mom keep her property natural and undeveloped. My personal interest in urban agriculture comes from having grown up playing in Rossini Creek and in our yard – picking fruit and building tree houses. Because of this commitment on my part, I am actively involved in overhauling the agriculture ordinances so all homeowners can garden by right, and build community around creation of our local food source.
    To come full circle, Tricia has no development plans. Please write to her directly at triciasmithlaw@gmail.com or to me at catherine@blakespear4enincitas.com if you would like to discuss it further as we’re both happy to address any concerns.

    I thought that we could not change zoning without a vote. Am I wrong?

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    1. For Catherine: Will you be sitting in your usual "camera view" spot at the council meeting Wednesday evening?

      If you are, I plan to watch something else.

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    2. "Picking fruit and building tree houses?" They don't come much more manipulative than this little miss.

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    3. Catherine, it's your father who has develop and paved over many of our open space areas.

      Do something with your hair please!

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    4. Catherine, would you PLEASE read what Prop A does. It's well written and not that hard to digest.

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    5. Let's have us a good old barn raising and a hoedown on the farm!
      ((Keep the caterpillar bulldozers quiet until after I'm elected)).

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  8. So, Al, is it OK if we stand and sing the Star Spangled Banner at ball games?

    We have far more immediate and important issues to settle in Encinitas than a Constitutional principle.

    I'm OK with reciting the pledge. I leave out the "under God" part.

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  9. Should have run for Mayor Al,

    But no you chickened out and now you are just nobody with an ego that wants to be somebody. Sad but true.

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  10. agree with 5:57. Al you are a screwball.

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  11. Hey KLCC go look at the city weeds and dirt zone along Leucadia blvd in front of 7-11. That's a great place for your every full moon tribal midnight gatherings to pray for more crappiness. And it sure looks crappy!!! Hip hip hurrah to the city and their landscape crew for allowing all these plants to die.. Hip hip hurrah!! Hip hip hurrah!!
    Now everyone chant along: weeds and dirt , weeds and dirt, weeds and dirt .
    See KLCC don't you feel better?? Of course you do....

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    1. 12:36 PM
      What is your problem. If the city property is dirt and weeds complain to the city. Stop being an anal retentive.

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    2. 1:37- meet at the 7-11 at midnight tonight. Under the full
      Moon, be ready to chant.... Weeds and dirt, weeds and dirt, weeds and dirt.

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    3. Ignore it, it's just Marvy starting earlier in the day than usual....

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  12. Al, your one crazy SOB!

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  13. Better Al's type of crazy than Marvys mean, spiteful rants, any day. Oh that can't be right, he never posts here. Yea right.

    So marvy and his group of collaborators are the Make Leucadia Crappy Club, or MLCC or something similar if anyone comes up with their own. Every time he mentions KLCC, we should respond with MLCC.

    That could also stand for Marvys Leucadia Crappy Club. The possibilities are endless as long as he persists with his KLCC. Marvy, you are such an inspiration to so many here for your ability to galvanize resistance to your vision of our 101.

    For that we are indeed thankful. Keep up the great work.

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  14. 4:31, We all know you think the Roadside Park improvments made Leucadia crappier. So we all know how much credibility you have.

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  15. 4:31 how could you even know my opinion of the roadside park improvements? I have never mentioned a thing in that respect. On the contrary, I like what has been done. That was never in question. The Summer Fun on the 101 is always a great time there. Perhaps you are confusing something with another issue entirely. To point out a nice little improvement there that everyone should rejoice in to what a couple of the most controversial implementations will bring is, well, just a little bit disingenuous. Nice try.

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  16. 6:07, Streetscape is a continuation of those kind of improvements. Must have been ur buddies that put the "Send This Junk To Disneyland" sign on the park to discourage improvements. What a thankful lot.

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    1. A "continuation?" Hardly: it's a magnification at which most Leucadians, if actually asked, would draw the line.

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  17. 6:38 I suppose you're right. Adding 1000 trees compared to the few planted at LRP is magnification. But why would anyone draw the line? You know, besides the inherently ornery or people with other projects in other areas of town seeking funds?

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    1. I'm talking about the endless vista of stucco and cement planned for Leucadia 101 and the roundabouts as "theme" (Norby quote), as if we're some freakish extension of Legoland.

      And the 1,000 "trees?" Try shrubs. Those things will never a canopy be.

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    2. Don't be goofy, 9:40. They said the same thing about the trees in the park only a few years back. "Weed trees", "broomstick trees". Now they're gorgeous and over 30 ft tall. Interestingly no one bitched about the same sized saplings People For Trees planted here in 1992 and look at them today.

      Where's the stucco you're talking about going exactly? And freakish extension of Legoland? Get real. What's your plan for putting large trees in the ground? How bout any trees? Nowhere. Thanks a lot. Good job.

      A theme is something that ties a community together, not chop it up as is evidenced in some neighborhoods with planners going willy nilly with interrupted sidewalks, berms, swails, set-backs etc in front of houses on certain streets like Phoebe, Fulvia and others. A contiguous sidewalk for businesses is far from freakish but creates continuity, more eye appeal and of course is safer. A theme of matching light standards (like we used to have here and like the ones now in the park) ties an area together, as do sidewalks and landscaping that works together. The city could have chosen to use cheezy gray "Q-Tip" style streetllamps here that are more common but they didn't. Good. They kept the design funky with sculptural classic style. No other kind belong here and least of all the' 60' galvanized interrogation style lamps we have now. The buildings will never "theme" like a strip mall nor are their facades included in any Streetscape blueprints. But there is a guy on 101 who wants to annex to Carlsbad; face all the businesses with Legos and change our name to Legodia. Watch out for him.

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  18. Don't you find it fascinating that the city can plant acres of grass , water that grass at the sports park but can't find a few hundred gallons of water for the landscape in Leucadia.?? I mean really how hated is Leucadia by the city council and staff that they allow the landscape to die?? More fascinating is that Leucadians don't give a shit....

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    1. 8:52 PM
      Everything is also dying on the east side of the freeway.

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    2. This Action is by design.- The City needs to save water in other area to make up the water sprayed everyday on the huge fields.

      People should send letters into the City Manager and copy City council.

      Staff is killing millions of dollars a year in City assets of it tree inventory.

      The Director of Parks and Franken need to go. -- Quickly.

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    3. Doesn't the city use reclaimed (i.e. treated sewage), not drinking water, on the parks?

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    4. EU- the city provides NO water to most of the medians..

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    5. Well, that would require infrastructure, right?

      And we all know what the City Council has done to the city's infrastructure funds!

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    6. EU- there is water available for these planted areas, the CHOOSES to not water these areas. And Leucadians CHOOSE not to care.

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    7. 10:04, Streetscape brings irrigation to all medians on 101. Currently we're in a severe drought so I don't doubt the city cut back on water for various areas. Lots of rain on its way though.

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    8. 10:32- what drought?? The city is watering acres of sport park grass off Santa Fe, they choose to not water plants in Leucadia. Drought has nothing to do with it....

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    9. 6:03 please refrain from commenting until you know what your talking about.

      The new park is watered with reclaimed water as are all the other parks in the city.

      Medians on ECR, Leucadis Blvd and most of 101 are also using reclaimed water. Medians are maintained by Public Works and Parks and Recreation. Some medians are the responsibility of commercial property owners as well.

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    10. 4:27- YOu have no idea what you are talking about. I know for a fact that the landscaping on Leucadia Blvd. is potable water and not recycled.

      You are an uninformed spin doctor. You should be fired and we should spend your $135,000 cost on water for trees and new trees.

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    11. Landscaping? Be Specific.

      What specific area of Leucadia Blvd are you refering too?

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    12. All of it, it all looks like shit!! Because YOU CHOOSE to have it look like shit. Shame on you.

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    13. That great disappearing canopy that you all love so much on 101 in Leucadia grew to such great heights without any irrigation at all.

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  19. NCTD owns the railroad right-of-way. Their property is everything from the asphalt on the east side of 101 to the asphalt on the west side of Vulcan.

    NCTD bought the right-of-way in 1994. Everything that's happened or not happened with the trees in the right-of-way since then has been NCTD's doing.

    The median and the west side of 101 are the city's responsibility.

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  20. 9:12- How did Cardiff get around the NCTD to have a nice walking area around the train tracks?

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  21. 9:12, NCTD owns 50' on either side of the tracks from the center of the tracks. That doesn't quite reach the pavement and most trees are on city property. Some smack dab in the middle.
    8:31, Carpentier Park is outside of NCTD's 50' territory. But there are happy mediums where the railroad allows parking and businesses on their land.

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  22. 10:27 I talked to the NCTD public information officer. She told me NCTD owns the entire unpaved area between 101 and Vulcan. Where that area broadens south of Orpheus Ave., NCTD's ownership broadens too. If you maintain their ownership is 100', show the documentary proof.

    The trees and whatever else that are between 101 pavement and Vulcan pavement are on NCTD property.

    The reason the proposed roundabout at Grandview is more problematic than the others is that it has to take private land on the west side of 101 and NCTD land on the east side. If NCTD didn't own the dirt up to the 101 asphalt, that wouldn't be true.

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    1. 11:44 You're wrong. NCTD does not own the dirt up to the 101. It's common knowledge with many here in town that the RR right of way is 50' from the center of the tracks. Ask anyone at the city, but here it is in black and white on the NCTD site. They can of course have more land in other areas, but 50' is what we have here.

      http://www.gonctd.com/news/nctd-stresses-safety-around-rail-tracks

      NCTD even staked it off a few years back to show us exactly where that line occurs for the whole lenght of N 101. Are you new here or don't get out much? And what's up with your propencity to hate?

      If someone told you NCTD did own up to the asphalt, they were mistaken Mistakes happen. I know one Coast News reporter said that was the case as well, but its not so. NCTD is gracious enough to work with our city's Streetscape designs including pop-ins for their buses. (And thanks to Tony for being a true representative from Encinitas on the NCTD board. A former council member blamed merchants for destroying the canopy). Recently, much gravel with pole borders were placed on N Vulcon on their property so it would 1. abate much of the dust problem when trains fly by, and 2. provide parking for residents east of the tracks. (THANKS NCTD! Great job!)

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    2. Apparently, 2:08, you don't read well.

      "In some areas, these federally-protected areas may be as narrow as 50 feet from the tracks."

      How do you interpret statements of fact from NCTD's public information officer and city sources as "hate"?

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  23. Bla bla bla.... WhAt a hater.

    Watch it or it will affect your health ...

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  24. "North San Diego County Transit Development Board was created in 1976 and owns the right-of-way from the Orange County line to the Del Mar/San Diego border and from Oceanside to Escondido. The railroad right-of-way along these corridors varies from 100-300 feet in width."

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