Thursday, December 4, 2014

Al Rodbell reviews Tony Kranz's Housing Element meeting

At Focus on Encinitas:

This is a report on Tony Kranz' meeting last night on this issue at the libray. Tony was honest, beginning by saying he didn't have all the answers. Unfortunately, as his goal was to provide information, his lack of a fundamental understanding of the key issue, whether the "affordable" housing that is the promise of the entire project is real or a fraud, was something he admitted not knowing.

Several members of the audience stated that the planning director Jeff Murphy had said that the chance of these higher density apartments going to the poor* is zero. With any research at all Tony would have discovered this article The Multi-Family Myth, that explains that however the state has defined terms, and then dictated new zoning, they will not increase availability of housing for low income people at all in wealthy cities such as Encinitas.

Tony got caught up by the word "affordable," and said the premise of this law could be true depending on what it means. The word happens to be euphemism for poor, those with little income - yet the actual word is ambiguous by intent. In a free market, which these high density residences will be, everything that is purchased is by definition affordable -that is to those who purchase it such as every multimillion home in Rancho Santa Fe. The term has evolved, along with other euphemisms, under the guise of being kind to those who are destitute without any appreciation how such imprecision of language leads not only an elected city official, but the voters, to be universally confused about a major redefinition of their city. Worse, it allows those developers who are among the wealthy to get richer under the cruel illusion that they are helping the poor. And our friend Tony seems oblivious to this!

76 comments:

  1. Replies
    1. Al Rodbell held court outside the New Encinitas workshop at Diegueno and was asking strangers for guidance as to understanding the Housing Element report required by the State's Housing and Community Development department.

      Rodbell was befuddled and frustrated because he wants to be heralded as a leader very badly, but he hasn't done the work.

      As for his interpreting Tony's take on Jeff Murphy's supposed take, this has become one big game of 'post-office'. Westbrook's demanding 'pricing' on affordability is beside the point: the point is getting to an 'approved' housing element.

      This entire last year has been a 'Peeka-boo' Democracy operation to allow the council, Shaffer, Kranz and Barth, an easy way to hide behind the data that is produced.



      All you bright people have had over 5 years to solve this housing element problem, but so far your new 'dumps-R-Us', per Mr. Bonde, is your only recognizable plan: not good enough.

      Unless you read the comments left behind on the city-site: at least 90 of them, you shouldn't be criticizing: everyone has their own opinion and again, this isn't about affordability: its about Encinitas becoming like a ghost town in 20 years of 3 and 4 bedroom 2 story single-family homes with one 75 year old person living in it because no one can afford to buy a million dollar home.

      The stunning part of all of this is the Prop A promoters standing out front of the workshops trying to sell 'shacks not up to code' as an alternative to a real plan. As if the entire electorate is made up of Lynn Marr clones? Wrong-headed and just short of madness.

      Yes, Rodbell is fun, but you wouldn't even let him pet-sit your labrador
      retriever, if you had to be away for a day or two.

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    2. 8:20

      What is your point? The majority of comments posted on the city websdite oppose the city scheme.

      The HEU will lose badly at the polls in 2016 no matter how much money the city and the developer lobby spends to mislead voters- it is a simple thumbs up or down vote- it will lose terriblly.

      Encinitas now has plenty of land available for housing development- without the need to re-zone it

      It is not the responsiblity of Encinitas taxpayers and homeowners to ensure others live at the beach - Marco, Shaffer and Blakespear might all claim it it is - but they are wrong

      One the one hand you want us to beleive that empty nesters don't want their 4BR homes- bull shit, they want their grand kids to visit and then leave the property to their families

      you want us to beleive no one wants to buy 4 br homes- bull shit, CNN money released data that millenials want land for the kids- jeez, imagine that

      keep pushing your high-density stack and crap,. this is a simple vote for the electorate and the HEU will be smoked

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    3. Like many others, I oppose the HEU as proposed in the alternatives presented.

      The city has put a lot of time and money into promoting the HE alternatives as they see them. The city has a lot at stake. The staff and council want whatever HEU winds up on the ballot to pass in 2016.

      If the city perceives the HEU will fail at the polls, they'll bring in Lew Edwards or similar to twist the plan and the voters' minds. Lew Edwards and similar have an extremely high success rate in getting local governments what they want. Lew Edwards and similar do that by borderline lying to the voters and getting them to vote against their own interests.

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    4. Lying to voters? We've never experienced that in Encinitas!

      No, the problem the Council and a Lew Edwards has is that they are facing an alway-increasingly wary and informed electorate.

      The City is already using consultants to spin and package and you can see it's not getting them too far.

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    5. 8:20, you're full of it: your own inflated ego and sense of self-importance gained through character assassination. Al Rodbell shared thoughtful comments, taking the time to investigate and to ask relevant questions, searching for answers. You write him and his questions off with your self-aggrandizing attack: "Rodbell was befuddled and frustrated . . ." But putting others down doesn't elevate you, doesn't prove your points, and only serves to persuade those reading your comments that you are part of the smoke and mirrors deception.

      Among locals, our city government has become infamous for gathering unreliable data, not independently quantified and qualified, but tweaked, stroked and manipulated to achieve preformed conclusions.

      When you say, "Prop A promoters standing out front of the workshops trying to sell 'shacks not up to code' as an alternative to a real plan," you are minimizing one solution that a majority on council, and a majority of those members of the public who are informed and involved, are wanting to offer as a solution (not the only solution): counting more pre-existing affordable housing we already have, affordable housing not already "on the books," as those books are cooked by SANDAG. How can we trust SANDAG's numbers? The Court of Appeals hasn't.

      We also want to find out why the number of affordable units required is being touted as 1300, when at one time Jeff Murphy said he had lowered that number down to the 800's?

      It is well known that the current counts are off, and that new "density bonus housing," such as on Hermes, has displaced more lower income units than have been replaced through in-fill over development of any new affordable units. Traffic congestion is increasing; housing affordability is not.

      One person's "shack" is another's cozy beach bungalow. The truth is that the City Manager and Planning Director are working to eliminate as much older housing as possible, because much higher property taxes can be collected on new build, in addition to development fees.

      Any three story building in Encinitas is not "up to code," except that an allowance for legal non-conformities is part of our current code. All accessory dwelling units, which are documented through the current amnesty program, must demonstrate that they are up to health and safety code and fire regulations through the Uniform Building Code and Uniform Fire Code inspections.

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  2. New units built in Encinitas in the last decade have a very high average selling price. Over time, as these new units replace older, existing homes, our housing stock becomes less and less affordable.

    Any new units added below the median unit price of new homes in Encinitas are contributing to affordability. That's my personal definition. I don't think market pricing is ever going to create much housing that is truly affordable to the poor here. Of these affordable housing initiatives, I ask, do they create options at a lower price point than would otherwise be the case (lower than the median cost of new units)?

    Bending the cost curve is an achievement, even if that cost curve continues up on a less steep trajectory.

    Of course, we must also examine and understand the negative impacts, and ask ourselves: is the gain in affordable housing worth it? Different folks will come to different conclusions on that, and I respect every individual's right to their opinion.

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    Replies
    1. Planning Director Murphy said that all "affordable" units will likely sell at market rate in the absence of any restrictions. Kranz's comments that "we will get sued" if we do place any restrictions mean the City has no will to do so.

      There is no gain in affordable housing should residents vote to approve this sham of a plan.

      David Meyer and Doug Harwood were in the audience no doubt to keep a close eye on Kranz.

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    2. They were there to keep you children away from matches.

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    3. They definitely have their financial interest to protect...lots at stake for them, obviously. Meyer in particular has wiggled out from more than one affordable unit requirement...both have quite the rep.

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    4. The children were their to keep Harwood, who lives in a McMansion in Rancho Santa Fe, and Meyer, who lives in a McMansion overlooking the Encinitas golf course, away from obscene profits at the expense of lower income people,.

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    5. I seriously doubt Harwood lives in a McMansion. There are no McMansions in RSF!!!

      - The Sculpin

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  3. The argument was used for affordable housing on a high density Pacific station units. What did those units sell for? And what type of people are occupying them?

    Answer those questions, and you will see that this is not about affordable housing it is about developer profitst at the expense of quality-of-life for other residents

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    Replies
    1. So you are saying your quality of life would be better without a Pacific Station??

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    2. Yes. I am a neighbor. That place is jacked up for the neighborhood

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    3. 11:20,

      What would you put there if it was your call?

      Was the old boarded up powder blue steel building great for the neighborhood? More lumberyard type shopping?

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    4. 11:20- please explain how your neighborhood would be better without PS.

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    5. 11:20- I knew you didn't have an answer. Nothing except your baby filled emotions .....

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  4. Meyer and hardwood are Kranz's keepers!

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  5. A friend of mine bought 3 units at Pacific Station for $425,000 ea. Thats a pretty damn good deal for a new apartment only a few blocks from the beach and so close to everything else. He kept one for himself for when he's in town and think he rents out the other 2. The Whole Foods place is high priced merchandise for the most part, but there are still deals there and 90% of the food is GOOD for you. (Its not like it was Community Market that probably paid a quarter of the sq. ft. cost, so obviously the owners of WF have to charge more for food.) Surely a welcome change for downtown as is evident from the throngs of people shopping there at any given time of day. The businesses below are really nice and the patio has a great atmosphere about it where you can sit down and dine. The Biergarden too has a welcoming vibe with its windows open in that classic T-bone steak shaped building (that lends a little ergonomics to the patio). The noise / creep factor is a concern at night I realize and hopefully that is addressed, but thats true of any place selling fire water. I'm glad the older businesses stayed on the corner and have been maintained nicely. Its a good synergism but the parking sucks everywhere downtown and bicycles are not the answer to that. Compared to the tin barn that used to be there for decades, Pacific Station creates connectivity to downtown businesses and has helped triple business in general as well as sales taxes downtown. I like PS but one is plenty for downtown Encinitas.

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    Replies
    1. Pacific Station could have done all that without being a garishly ugly three-story building.

      For those who haven't been in Encinitas long, the corrugated metal building was originally the Coast Dispatch newspaper's location. It held the CD's offices, production department and printing press.

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    2. 12:03, Yep. That was the Coast Disgrace building. One metal eyesore for decades with one service business function that did nothing for a downtown ambiance but created a dead zone for commerce (except of course for the ads in the paper itself. Ideally, services like that should be on a 2nd street.) Aesthetically, Pacific Station is by far more attractive and functional. I agree, its not a design I would prefer, but disagree on the ugly part. What 3 story building design would you rather have seen?

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  6. I agree with the comments that this HEU is NOT about affordable housing -- never was and never will be. The way the housing market is structured now is that if you can't come up with a 20% down payment, you will not get your house. So, because of that many are forced to rent. Have you seen what the rentals are going for lately? They are as much as your mortgage payment would be if you were lucky enough to buy a house.

    This HEU charade will NOT pass by the vote of the people in this city. We are way too smart to keep handing money over to the developers to line their already rich pockets. As far as I'm concerned, they can move on and find a different city to ruin. Don't worry about becoming a "ghost town". Some one is on their way to paranoia with that statement.

    We will stand united here in spite of our sneaky city manager, poorly run planning department, inept city council and mayor.

    They can call this HEU anything they want. We all know it will NOT benefit the citizens of Encinitas, but will surely help out the council's developer friends.

    As far as Pacific Station is concerned, I think it should have never been built. I can not imagine living there with all the bars and noise going on right under my window. What a poor planning concept that was. We have to do better than this.

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    Replies
    1. The bars are the noise problem at PS? Really?

      Question: why did they name it Pacific STATION?

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    2. To qualify for the city's "affordable housing program" A family of four must make less than $38,000/YR. That's laughable when the average house now sells for $800,000. My rent is $30,000 a year now and we have to move because someone from out of town bought the parcel with four rentals on it and are now going to scrape it and build four Mcmansions on the property that were somewhat affordable before.

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    3. 12:03 Who cares what they named Pacific Station? If they named it anything other than that, I would still not like it. It does not fit in, stands out like a sore thumb, and only the rich will end up buying those places for rental units. Affordable? I think NOT.

      Too many bars in this small town already and Encinitas is getting a bad name because of it. Wait until these young ones get a little older and see what all that drinking does to their mind, cells and body. Mix that with marijuana and your body will withstand only so much. What a waste.

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  7. The big irony in this charade is that the taxpayers get to finance the propaganda machine. Same with the anti-prop A campaign.

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    Replies
    1. Nothing ironic about it: Stop fighting a legally mandated process, idgit!

      You, and your friends are the reason this hasn't been fulfilled in almost 6 years.

      Your argument is like the one when you blamed the City Manager for his spending $350K for an election on Prop A when it was Bruce Ehlers and Susan Turney who consciously misled the voters: and then when it passed, got Pam Slater to halt a mandated hearing before the Coastal Commission.

      The City isn't responsible for overspending on this housing element process, fools like you and Bruce are.

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    2. 8:49 Mike, As usual you are full of crap. Please explain how Susan and Bruce misled anybody. The primary misleader was Gaspar who told blatant lies about prop A. As far "a legally mandated process" that is the council's responsibility.
      P.S. It's funny how you bag on Pam for being an out of towner.

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    3. I don't know if that was Mike, but it was Tony who wanted to save the taxpayers a buttload of money by adopting Prop A instead of having a special election. It was indisputable that the city driven ERAC committee WERE endorsing 5 stories here in Encinitas, and ballot arguments which falsely claimed "5 stories have never been on the radar". And its congestion that ruins a small town by the Sea. The great news for developers is there there are millions of square miles elsewhere to build here in America and folks keep popping out babies. The sad part for them is that they no longer have as much freedom in our little sandbox corner of the world. Boo hoo for them and hip hip hooray for the majority of voters who prefer a more human scale Encinitas.

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  8. Pacific Station hands down the ugliest ill conceived project in all of SD county. Encinitas leadership is blind. Part of Barth's legacy.

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  9. Al Rodbell,give me a break that's the best you've got.A professional cry baby ENOUGH!!!!!!!

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  10. Good job Al - Ignore the $tock$- Hardwood/Meyers club. They would and probably did sell there mother out for one more $ profit. Keep up the honest publishing. Kranz is just another tool in the developers money making machine.

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  11. Party Bus in downtown Enc.... NOW!!!
    Drunk chicks, short skirts, CFMs. Yeah baby!!!
    Party OOONN!!!

    ReplyDelete
    Replies
    1. Play now; suffer and pay later. Really constructive use of your time.

      Delete
  12. Neighbors pay . . Bar owners profit. Developers suck.

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    Replies
    1. Why is it when we all read you 9:22 pm, its unsaid, but clear, you live off your Mommy?

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  13. Off topic, a park update.

    This week, the contractor's office trailer was removed from the park. Shouldn't be long now before the fences come down. The only work I can see than remains to be done is completion of the parking lots. During construction, heavy equipment or building materials created various gouges and scrapes in the pavement. Through the fence, you can see each ding has been circled with spraypaint, indicating the areas that must be repaired beige the city will sign off on the job. The pavement repair will have to happen before the parking stalls can be painted on.

    It would be nice if we can get a beautiful new park for Christmas. Let the fighting, whining, complaining, and lawsuits be done--it's time to have a picnic, throw a football with the kids, fly a kite, go for a run, or just read a book and get some sun.

    ReplyDelete
    Replies
    1. Are they fixing the pothole under the bridge at Santa Fe and I-5?? Are they fixing Santa Fe Dr.?? If not then the park is not finished.
      Who's name goes on the plaque?? That's what the park is all about, some yahoo council person has their name on a plaque for eternity.

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    2. 9:16, You are like the Japanese guy still fighting WWII years after it's over. I hope you can find peace and happiness this holiday season. Best to you and yours.

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    3. 10:11- you are too stupid to understand. Enjoy your park that will bankrupt your city.

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    4. You forgot: ". . . And GET OFF MY LAWN." I'm sorry things haven't worked out for you.

      Why don't you go make a list of the people and things that have disappointed you the most this year?

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    5. Yes I'll read my book about Monsanto with the sun in my face while watching my kite fly far from this toxic park.

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    6. Yes. Be sure to stay away from I-5, the rail line, the former dump, power lines, the petrol pipeline, older buildings that might have lead paint or asbestos, any former agricultural land--basically, you should be afraid of the world, and move far away from here.

      Hey, listen. You hear that? They're playing your song.

      Boy the way Glenn Miller Played
      Songs that made the Hit Parade
      Guys like us we had it made
      Those were the days.

      And you knew who you were then
      Girls were girl and men were men
      Mister, we could use a man like Herbert Hoover again

      Didn't need no Welfare state
      Everybody pulled his weight
      Gee our old Lasalle Ran great

      Those were the days!

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    7. Watch me wallabies feed, mate
      Watch me wallabies feed,
      They're a dangerous breed, mate
      So watch me wallabies feed on their greedy pensions, altogether now!

      Delete
  14. "He stated about 5 percent of cities in California, including Encinitas, don’t have an approved housing element. Consequently, Encinitas is losing out on infrastructure grant dollars and is more susceptible to lawsuits from affordable housing advocates, Kranz said."

    Almost everything written and spoken on this point is misleading. The city is missing out on *applying* for grants. Getting them isn't guaranteed for any city. It's a competition and giving the grants is prioritized.

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    Replies
    1. If we are issuing out on so much why is there a surplus on money, according to Vina?

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  15. Encinitas Christmas parade tonight. Everyone go and enjoy!!

    ReplyDelete
    Replies
    1. No thanks to the dumb parade with all the drunks nearby on a Saturday night.

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    2. Barth will be signing autographs - as Benedict Arnold!

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    3. That's the Holiday spirit!

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  16. 2:25, she is much too blind to see her own faults and how she left the residents behind once she made the ascension to mayor. That old saying, absolute power absolutely corrupts, sadly became her MO. As sweet a person as she was while being out numbered in those earlier years on the council, how she ruled once she made mayor, was not the same person. Where did that earlier version of her personality go? It is almost bipolar, the difference in her behavior. Her unflagging support of slimey vina's machinations was her undoing. Sorry to say, her going away was the best thing she could have done for this community.

    Hopefully this example will serve to awaken our current council members to do the right thing and dump vina in january. If they do not, they will all be putting themselves on the firing line from here on out every week the council meets.

    If you, Tony, Kristen, Lisa, Mark, and Catherine want to start off your next two years and prove you have any worth at all to this community, you will replace this disaster of a manager in January. Any other result will only serve to diminish any positive impact you could ever hope to achieve during the next two years.

    You have the option to finally represent the residents and allowing slimey to survive past January will be to all of your demise. There is no excuse you can come up with to try to legitimate vina remaining here. Stand up and do the best you can for us. We are counting on you.

    Is our faith in all of you misplaced? The ball is in your court and any other result of next months evaluation will tell the tale of what we can expect from any of you for the next two years. Hope springs eternal you all can do the one thing that will restore confidence in your positions. Fire vina and send sabine with him. It is long past due and you have to know the heat will not be mitigated one iota unless you all wake up and send these two packing.

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    Replies
    1. Yes fire Sabine and send Vina packing. The city attorney has a longer reign of damage to encinitas.

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  17. 3:49 I don't believe this council has the intestinal fortitude to get rid of the city manager. The mayor (not too bright) and the other four will just keep on smiling and looking befuddled at every thing that comes before them via the city manager, planning department and staff reports.

    This council is big talk, no action. If this is your Christmas wish or New Year's wish, I'm afraid you will be waiting until hell freezes over.

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  18. Reading the comments here calls to mind a quote.


    To-morrow, and to-morrow, and to-morrow,
    Creeps in this petty pace from day to day,
    To the last syllable of recorded time;
    And all our yesterdays have lighted fools
    The way to dusty death. Out, out, brief candle!
    Life's but a walking shadow, a poor player
    That struts and frets his hour upon the stage
    And then is heard no more. It is a tale
    Told by an idiot, full of sound and fury
    Signifying nothing.

    ReplyDelete
    Replies
    1. Poetry is like art , it makes someone feel good( mostly the writer) but you can feed yourself writing poetry.

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    2. Yeah that Shakespeare, what a hack. Never could make a living. First artist, now poets. Do only troglodytes post here?

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    3. 7:17 AM Sounds like our council.

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    4. 2:23, you put a lot of thought into that post, huh?

      Why not Mike Andreen or Jerome Stocks or Gus Vina or (insert your favorite villain here)?

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    5. 1:09- Shakespeare died penniless living under a bridge. I rest my case.

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    6. 10:31 PM

      Since Shakespeare revised his will shortly before dying in April 1616, his estate, which included property, possessions and currency, appeared to be in decent shape. Please site your source for the "died penniless living under a bridge" assertion. I can find no such claim.

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  19. 3:48
    Yet more divisive rhetoric.You just don't get it

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    Replies
    1. If you mean 3:49 - the "divisive rhetoric" came from the council, most hypocritically from Shaffer and Barth. They have their nerve, pointing fingers at residents who dare to speak against city conniving.

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  20. Fences come down on the ECP Friday or Saturday.

    Business owners in the VONS shopping center were notified today. This weekend is a soft open. The formal ribbon cutting will be Jan 10, 2015.

    It's not the park design we favored via the community input sessions, but I'm glad it's finally opening. It's been a long journey, and some park is better than no park.

    Looking forward to seeing our neighbors and friends at the park this weekend.

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    Replies
    1. Let the money pit begin. Another anchor in Encinitas future financial health.

      Delete
  21. Comments about a Marin county Planning Directors article -

    'ISSUES: Marin County's DRAFT Housing Element (a state mandated document that plans to meet the existing and projected housing needs of Unincorporated Marin) promotes excessive high-density housing by planning for over 200% more housing units than required by law and by including programs geared to housing developments that could:

    Greatly increase density by changing the definition of a "unit", such as calculating studies and one-bedroom apartments as fractions of units;
    Dramatically raise height limits - up to 45 feet (similar to the WinCup Apartments);
    Cluster housing units at 30 units per acre even in single family neighborhoods;
    Reduce onsite parking and force residents to park on crowded streets or in public parking areas that are meant for other purposes;
    Promote streamlined and ministerial "over-the-counter" permit review thereby significantly limiting public input and thorough review; and
    Allow the number of units in traffic impact area to exceed pre-established housing unit CAPs.
    CONSEQUENCES:
    The Housing Element promotes an excessive number of high-density housing developments with even greater potential density, height, and size than currently allowed. Such densification with the ensuing population growth would increase the risk of adverse impacts on the environment, public health and safety, traffic congestion, infrastructure, utilities (water supply), public services (schools), view, sunlight, privacy, and neighborhood character. Streamlined and ministerial "over-the-counter" permit review of housing projects would hinder thorough and accurate review, constrain valuable public input on planning decisions, and reduce transparency, thereby diminishing the quality and safety of the developments.

    TAKE ACTION:
    The Please sign our petition to urge the Marin County Board of Supervisors to act now to revise the 2015 to 2023 Marin County DRAFT Housing Element and:
    1. Reduce the number of sites and housing units identified in the Housing Element's Site Inventory; and
    2. Eliminate the above-mentioned detrimental Housing Element programs.

    Read more at -
    http://www.marinij.com/marinvoice/ci_27077015/marin-voice-key-points-consider-about-countys-housing?source=pkg#dfm_disqus_comments

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  22. 12:49
    Yes I recall a commie every bed and chicken little swore the sky was falling.
    You poor simple fool we finally elect the council we want and people like you believe Kevin, Bruce and Shelia.What a sad pathetic lot you are.

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    Replies
    1. The ones swearing the sky was falling were the Council...the Council, with its endless threats of the vague, yet awful "unintended consequences." They never did say what those were, did they?

      The ones we "finally" elected turned out to be nothing like voters expected. What a sad, pathetic lot they turned out to be.

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  23. Good morning! http://www.seasidecourier.com/news/encinitas-city-manager-resigns-sources-say/article_293811ea-7f74-11e4-aca0-fb6350005223.html

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  24. This is the best News Encinitas has had in a long time! Since $tock$ was spanked.

    Now its time to hire a competent City Manager that will fire all the deadwood and complete a real long term financial plan for this City.

    No more unnecessary trophy projects like the $3,000,000 life guard tower that we can not afford. Get a City Manager that will clean up our City Hall. Time to clear deadwood from the City Hall.

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  25. 7:17- You are right. We are sad and pathetic. We should all STFU and bow down to the money people. Only they know what is best for us.

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  26. If Sabine goes as well all citizens can celebrate a very merry Christmas!

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  27. I'll say it again: Fire Gus Vina, and whoever the next City Manager is.

    I like to stay ahead of the crowd.

    Joking aside, some people will never be satisfied. Vina had some pretty big mistakes where Council had unpleasant surprises in public meetings. Still, some who claim to have a problem with Gus specifically, really have a problem with the City Manager position generally. For these folks, it won't matter who sits in the chair.

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  28. 6:50am not true. As we have so painfully learned, it makes a great deal of difference who sits in the cm chair. Whoever ends up there this time, our council members better know their choice will go on their record of any hopes of achievement they may strive for in the next two years. Our council can chose to finally stand for the residents if they have the will to do so. I can hear the cheers already at tomorrows council meeting when vinas announcement is made. This deserves a standing ovation for whoever brought us to this point.

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  29. There was much discussion of the "density bonus" re-zoning at 30 units per acre. Looking at the state law online -
    http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=65001-66000&file=65580-65589.8

    For a city in a "metropolitan" county like Encinitas, the law says, 30 units per acre is "deemed appropriate to accommodate housing for lower income households". In practical terms this means the state will score a city as having met the low income housing requirement if the city tells the state that property in a 30 unit per acre zone will be used for low income housing.

    (Given the many references in this law to providing low income housing, any city that proposed housing as low income to the state and then flipped it to market value would be committing fraud of some sort. Perhaps somebody would be liable.)

    Satisfying the 30 units per acre criterion is plan B in the state law. Plan A in the law is -

    "(A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households."

    In other words, do your own analysis and plan, and explain how it gets the job done. Designating this approach as plan "A" indicates that many city councils were expected to look for this option.

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    1. The "deemed appropriate" phrase is vague in its implications. Approach B does not actually specify what the city must "do", while approach A does. This vagueness is odd given the extreme detail in so much of the law. Approach B is clearly not required, but its vagueness allows people to talk about B's density level as if it were mandated by the law. It raises the question of whether B might have been inserted specifically for developers to use in pushing for higher densities.

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