Thursday, January 18, 2018

City ignores Starlight Drive residents, gets sued

Del Mar Times:
First, they unsuccessfully pleaded to the city council to not allow a path through their Cardiff neighborhood in October. Then, they agreed to come up with a compromise with the City of Encinitas. Now, the group of neighbors have sued the city after they felt their voices were not heard.

[...]

Council members instructed city staff to meet with the neighbors to discuss options, including paving the entire road, but six-year Starlight Drive resident Regan Schaar said no such meetings or attempts for a meeting have happened since the October approval. She said the residents hired an attorney to assist them in contacting the staff and city attorney's office, but the city would not return the lawyer's calls.

The five neighbors filed a lawsuit in the Superior Court of California on Jan. 8 after they received no response from the city for nearly three months, Schaar said.

79 comments:

  1. SOP at city hall. "Staff" strikes again!

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  2. Bad things are happening in planning.

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    1. What's new? The Murphy legacy lives on.

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    2. This is worse than Murphy's legacy.

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    3. Naw...just ask the Hymettus folks.

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  3. Someone loves litigation and the fees he gets at city hall, even finagled a raise.

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  4. “Walk to new park just steps outside front door” = Property value up $50K.

    These people are pros at being angry and miserable.

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    1. Spoken like a true developer. Troll on, no one's buying your propaganda.

      Go commiserate with "staff."

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  5. Right on 7:07 - The City plows ahead with these projects without regard for resident input. Because it is a corrupt process - favoring the builders - residents are forced to pay from their pocket to be "represented". First one pays their property tax then one needs to pay an attorney to protect their property from city sell-out. The planning department, including engineering is inept and co-opted by their fist-bumping, hack builder buds.

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  6. Kids and other people walk between Ada Harris and Cardiff elementary schools? Really?

    The distance is more than 3/4 mile as the crow flies, farther on the streets. Plus, there's a big elevation gain or loss.

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    1. Gosh.... long walk. Hope they don't strike out PE or they'll never have to use their legs.

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  7. Whoa... a 3/4 mile... wow thats almost a marathon if your Muir.

    Can people really walk 3/4 of a mile?!

    Haa- Not if your a clueless old hag like Crazy eyed C.

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    1. Yup, 9:30, you're as dumb as your pet rock.

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    2. WHO IS CRAZY EYED C?

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    3. Shiela Cameron.

      If you’ve ever been to a council meeting, she’s the one in the audience muttering her opinions on everything to everyone around her, so that they can’t hear what’s going on.

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    4. There was a miserable bag of bones at the meeting last night who sounds exactly like this crazy eyed C, but her name was Lorraine or Lorrie or something like that. So, surprise, Encinitas has multiple of these shitty, waste of space humans.

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  8. 9:59pm-

    Geeze. thanks 9:59pm I hope you feel better about yourself now. You are so cool and smart. Thanks for communicating with me.

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  9. 9:30 and 10:08 are Jerome Stocks. Sober or not, he always sounds the same.

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    1. 10:35 is an idiot their whole life thinking that everybody is Jerome stocks and Mikey .

      It’s amazing how some super low IQ people can survive in this world .

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    2. So there's a third angry jerk in addition to those two and that's you? 1:13?

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  10. Muir was the only one to side with the neighbors and voted against the other 4. He said that the city made a deal with the residents near the park to lessen their impact, while maintaining their neighborhood's quality of life - and a deal is a deal!

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  11. "Vibrancy" is developer speak for rape, pillage and plunder. Staff is evading them because they are predatory and corrupt and their goal is to turn our city into an overdeveloped sh*thole. I hope the neighbors prevail in their lawsuit. It's legal do a lot of crappy things to people but common sense and good will prevents most people from doing those things.

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  12. The city took at 44 acre piece of property and turned it into a park. Sounds good, right? Unfortunately, like many things the city does, it never listened to the residents. Cardiff residents tried desperately to stop this project for many reasons, including hazardous freeway conditions to the children playing in the park. They also did not want 90 foot lights, as the soccer people wanted. Then the entrances were way too small for such a large park. There is really no good access to the park except through neighborhood streets. The park is underused by a lot, and half the time the dog park is shut down for God only knows what? The skatepark and playground seems to be used, but I rarely see the ball parks or soccer fields being used. I once asked for 2 tennis courts, and one basketball court. However, the city said there was no room and no one plays tennis anymore, anyway. I could go on, but the property was purchased from Bob Hall, and the City wanted another showpiece. Is is pretty? I don't see any where where people could just sit and read, or write. I don't see any picnic benches. I don't see anything particularly fabulous about this Park except we do have a 44 acre park. It was originally going to have an a aquatic center, but that costs way too much, according to the city. All in all, it seems as if it could have been made into something really great that citizens could get behind. Instead, it sits there, up against the freeway, and the CIty can say we have a great park.

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    1. What a whiner you are 8:03. The parks has picnic tables, sat at one yesterday while watching kids kick a ball around. Some even have BBQs. You don’t play soccer or basketball or tennis or anything fun so pipe down with that BS. Try actually going to the park. The entrances are too small, my god, what a miserable person you are. Is the grass too green for you too? They only shut the dog park down when they see you coming. It’s not actually shut down, your just too dumb to understand how the double gate works. I mean, if you can’t get through any of the entrances i doubt you can get through a gate let alone two.

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    2. What fucking park are you looking at? I go there literally 5 days a week and there are plenty of tables and benches for your lazy ass to sit and cry at.

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    3. The two big downsides of the Hall property park are its cost and its location along the freeway.

      Estimated final cost is $80+ million, which doesn't include annual operating costs. This is a very high price placed on the taxpayers of Encinitas.

      The location of the park along I-5 guarantees bad air quality. The state is warning about building too close. And now with the danger now recognized of fine particle contamination from diesel trucks, the air quality is worse. As in grocery stores for eating certain fruits and vegetables, there should be signs warning about the risk of cancer from breathing the air.

      BTW, the dog park is periodically closed to clean up the dog poop and allow the turf to recover. This is announced on the city website.

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    4. Bull.

      You don’t understand time value of money and net present value. Go forth and become educated.

      Also, here’s a windrose chart for Carlsbad airport that blows (pun intended) your polution theory out of the water:

      https://mesonet.agron.iastate.edu/onsite/windrose/climate/yearly/CRQ_yearly.png

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  13. 9:59- Jerome you are full of it aren't you. I happen to know who wrote the post 8:03 and believe me most of what is said is true. You were such a bully to the Parks and Rec Commissioner Lori Green when she presented what they had found, I imagine no one can criticize anything about the park without getting their head chopped off. What an a-hole you are.

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    1. 10:43.

      You are a bigger idiot than JS if you think I am JS. Are there tables at the park? Yes. Do cars come and go freely through the “small entrances”? Yes. Not one true statement in that rant. Statements like “believe me’ from an anonymous user are Dumb. Dumb like you trying to defend your dumb post. Seriously, “I asked for tennis court...” and didn’t get them, must be a tax dollar leach. Are you too dense to find one of the multiple other courts within a couple miles of the park? I wanted b-ball courts too but don’t expect my city to buy me everything I want.

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  14. Many people would feel a lot better about the park if it had a pool. $80 million but no pool!

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  15. No way. Pools are super expensive and only serve a small portion of the residence. Do not waste taxpayers dollars on a high maintenance pool . Let the boys and girls club open one if there’s that big of a market or the YMCA . Or a private swim club . We have a Huge ocean just to the west of us .

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  16. 12:45

    People reading your post will guess that you mean "residents" not "residence." They'll also know that the YMCA already has two pools, one for kiddies, another for older people who can swim. The adult pool is heavily chlorinated because it's overcrowded. The YMCA is not public. It requires membership fees.

    The Boys' and Girls' Club is for, well, boys and girls. It's not public and has no room for a pool.

    The ocean is good for swimming for some people when the water is warm, and the wind, surf and weather are agreeable. At most, that's about six months a year.

    A pool at the Community Park would make it much more popular.

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  17. The city does not need to waste taxpayers money on such a luxury. If people want to swim in a pool they should pay nonprofit or private fee .

    No to an expensive to maintain and high liability public pool .

    I put this in the category of it might be nice but it’s definitely not needed. What’s next a city airport .

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  18. Solana Beach has it right. They have a pool at the Boys and Girls Club. That’s what Encinitas should do . Let the dues fees pay for it .

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  19. Public pools are very popular wherever they exist. They're not a luxury, and they're not a waste of taxpayer money. Anybody who's been paying attention to Encinitas government could name many projects that actually have wasted a huge amount of taxpayer money.

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    1. We have a giant ocean, too cold, get a wetsuit. A pool would add to the list of wasted tax dollars. Keep mine clean and you can use it all you want.

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    2. A pool like Solana's, the Y's or Carlsbad high school's would get a lot of use by the public year round and would be good for Encinitas swim and dive teams. It would be an excellent use of taxpayer money. Your pool is way too small. I own three wetsuits.

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    3. Good luck with that one. I don’t see it making it anywhere . Go the way of Solana Beach and YMCA go nonprofit. don’t look to the city.

      -Pools should be private not public .

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    4. 8:07 is full of shut and ignorant. Why doesn't the highest net worth high school per capita in San Diego Counry (Torrey Pines) have a pool? Because it's a huge @$!#ING waste of money requiring no less that $500k in annual maintenancy for a 25m X 25m pool for a few introverts elitists kids...no @$!#ING way! You want to swim...pay to play!

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  20. There is pool in the park, for the skaters. A public pool is bettter than an overpriced former school property or a fire princess playhouse but not as cool as well maintained streets and landscapes.

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  21. A pool in the Community Park should have been part of the original plan without increasing the cost. What's shameful and wasteful, is that the existing park cost $80 million without a pool.

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    1. Besides a Euge initial cost, the real gigantic ongoing cost is a long-term maintenance costs. Over $1 million per year for a big public pool

      It’s not worth it.

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    2. This guy disagrees with the $1 million figure:

      I’m an aquatics director in Kansas City, MO and run an indoor pool that’s approximately 80,000 gallons. Due to programming, my staffing costs are much higher (approximately $175,000 per year for LGs, swim lesson instructors, swim coaches, my salary & benefits & we operate 16 hours per day, 360 days per year). Our operations overhead for materials, chemicals, and a service contract is around $85,000 per year. If you add our $85,000 to your $84,000, then your yearly cost is approximately $169,000 per year - or $482.86 per day it’s open (based on being open 350 days per year).

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    3. Sorry KC, Your costs do not apply here in ca.....

      there are plenty of example cities that have made the huge mistake and opened pools and they have budgets.$1,000,000 per year to maintain a pool is accurate. sorry- you didn't add in many costs, only the ones you mentions. stick to pool sweeping and not budgeting. Thanks.

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    4. Where are the specifics to back up your claims, 5:07?

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  22. jesus fucking christ how the fuck is this a conversation. If money is remotely an issue then shut the fuck up about a fucking pool dummies

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  23. jesus fucking christ how the fuck is this a conversation. If money is remotely an issue then shut the fuck up about a fucking pool dummies

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    1. Wait, a lot of Encinitans would like to have a public pool, and the park has room for one.

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    2. Wait, a lot of people what a lot of free shit including an airport and just because they want it doesn't mean the City should build it.

      Don't even mention the bikini McMansion because that was a $5 million dollar waste of tax payers money and put a huge eye sour on our beautiful beach and took limited towel space all for the luxury accommodations of bikini patrol.

      this city needs to get out the business of building/maintaining unnecessary buildings.. Its a complete mismanagement of public needs and taxes.

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    3. Vista owns and operates the Wave water park, which includes a year-round competition pool.

      They serve about 70,000 revenue visits per year, and the city ends up subsidizing operations at about $500K per year, though the long term plan is to bring the park to revenue neutral.

      https://www.google.com/amp/www.sandiegouniontribune.com/sdut-vista-heat-helps-boost-attendance-at-wave-2011sep04-story,amp.html

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    4. Clarification: the subsidy covers operations, debt service, and unreimbursed services donated to schools and charities.

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    5. Hey 5:13, ignorance doesn't pay. Get your facts straight before you post.

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    6. Facts are straight. Facts are facts

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    7. Really? Who wants an airport in Encinitas? Where would they put it? There's not enough open, flat ground for anything anywhere near as big as an airport.

      The "Marine Safety Center" at Moonlight cost $3.7 million, not the erroneous $5 million 5:13 stated.

      There's no gain in posting jackass opinions and false information. Show some adult responsibility!

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  24. The City of San Diego Park & Recreation Department's Aquatics District offers affordable, year-round programs at 13 locations citywide. All sites offer programming for all ages: Lap and Recreational Swim, Water Fitness, Youth Swim Team, Youth Water Polo, Learn to Swim Classes and swimming pool rental. The City also offers specialized programming and special events: Adaptive Aquatics Program, Learn to Swim for Free, Summer Portable Pool Program, American Red Cross courses, April Pool's Day, Parent and Tot Workshops and school presentations throughout the year.

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    1. Great so go swim in San Diego Vista or the Encinitas YMCA or Solana Beach Boys and Girls Club. We don’t need another pool at a city facility

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    2. Too far away. A pool at the Community Park or any other city facility wouldn't be another. It would be the only.

      Can you swim, 3:04?

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    3. Those pools serve a much different demographic and a whole heck of a lot more people in that demographic. It would be an expensive flop here. Moonlight is about the only popular public space in the city. The park is under utilized, concessioner has yet to move in even. I like it but think a pool there would have the same result. Public pools get used mostly when it is hot, it is rarely that hot here. When it does get hot we have an ocean, A/C, our own pool, the Y, we have options. I don’t think the city could get managing a pool right either, something that must be some right in the age of Hep.A and babyruths.

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  25. San Diego has thirteen public pools for a population of 1,339,000. That's one pool per 103,000 residents, and they're spread widely throughout the city.

    Solana Beach has a public pool for a population of 13,500.

    Carlsbad has two public pools for a population of 114,000.

    Encinitas has no public pool for a population of 63,000.

    San Diego, Solana Beach, Encinitas and Carlsbad have pretty much the same weather, right?

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    1. Encinitas has two public pools using your logic which are actually less expensive to use than Solana and Carlsbad. If those two pools are sold out than maybe it would be a worthwhile venture for the city. Last time I went by the Y pool it was a ghost town. Solana is hardly even open to the public, only certain times.

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    2. Encinitas has no public pools. The Y pool is not a municipal pool.

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  26. Encinitas has two public pools at YMCA. Problem solved. Just pay a small fee and your in. Just like Solana Beach.

    Thats there problem. They are smart. Pools are and should continue to be a private practice.

    So when is Encinitas going to build another skateboard park- Now there is way more demand for skate board parks than a pool.

    And how about a City airport for ultralights and personal helicopters near the San Elijo Lagoon. Oceanside has an airport and so does San Diego. Encinitas needs their own airport. Look at the numbers.

    Also how about a harbor? We need a harbor like Dana Point and San Diego. I have a boat and I want a City Habor. which lagoon should we convert?

    Pool, smool - I think Encinitas deserves another Skatepark, Airport, and Harbor before we can ever think about another pool. We already have three community pools near by including YMCA (2), Carlsbad (2), Solana Beach (1).

    Bring on more public skateparks and airports.

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    1. The only response 8:18's post deserves is one that acknowledges its idiocy.

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  27. 3:59- am yeah I was on the swim team for like five years . The YMCA has two pools.

    If swimming is in such hot demand, there will be a private pool built for membership . In my opinion a public pool does not need to be a small cities infrastructure need . Especially considering we have a huge ocean along our entire West Coast to swim. All you need is a low-cost wetsuit and you can swim for free in nature forever .

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  28. A municipal pool offers much more than just a place to swim. Here's what San Diego's pools offer, as do many other municipal pools:

    The City of San Diego Park & Recreation Department's Aquatics District offers affordable, year-round programs at 13 locations citywide. All sites offer programming for all ages: Lap and Recreational Swim, Water Fitness, Youth Swim Team, Youth Water Polo, Learn to Swim Classes and swimming pool rental. The City also offers specialized programming and special events: Adaptive Aquatics Program, Learn to Swim for Free, Summer Portable Pool Program, American Red Cross courses, April Pool's Day, Parent and Tot Workshops and school presentations throughout the year.

    Everybody knows we have an ocean, and everybody knows about wetsuits.

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  29. You want a pool. Fine. Pay for it, and the yearly maintenance costs. Just don't expect the tax paying citizens to be responsible for a single cent.

    I remember at a council meeting or one of the public meetings held at the senior center when someone proposed this and was completely shot down and rightfully so.

    There was a list created by the public attendees of which I was one, of priorities and a public pool was far down the list. Nothing has changed since then. That this is even being brought back from the dead, is a waste of space and time.

    You want a pubic pool? Cough up the dough and include all the maintenance costs for the foreseeable future. In the meantime, you are welcome to pay for the access to the pools that are already available here. This is a nonissue that has already been discounted by the majority of citizens who attended the workshops. If you were there, you know this. If you were not, that says as much as anything about this idea of a pool at the community park that was decidedly rejected by those who cared enough to show up when it mattered.

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    1. 9:21,

      1.) You don’t speak for all taxpayers. It’s fine that you have an opinion, and it’s also fine for others to have a different opinion.

      2.) You don’t have omnipotent power to rule over this matter. Stop pretending you do.

      3.) 20 self-selected people at a workshop are not a representative sample of a town of 60K.

      4.) Things change. At some point in history, we didn’t “need” a lot of stuff that we now enjoy. At some point in the future, folks may decide they want a pool, and city council may agree.

      5.) Calm down. Take a breath. Relax. Chill out. You’re going to have a heart attack.

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    2. 9:21-

      Well put. I agree fully and I believe a majority fo Citizens would agree. Thx.

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  30. As countless other cities have shown, a municipal pool has many benefits and is a good use of taxpayer money.

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  31. As countless cities have shown, many cities including those that build unnecessary pools are in massive debt and about to collapse and will have to raise taxes for it citizens .

    Encinitas should not be one of those foolish cities. Encinitas has plenty of pools offered by nonprofits and does not need to build a city pool . Don’t be one of the foolish cities .

    You don’t see Solana Beach going to build a city pool or Delmar....

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  32. Solana Beach has a municipal pool.

    Del Mar's population is about 4,400, too small to support a municipal pool.

    Show the evidence that municipal pools have driven cities to bankruptcy.

    Carlsbad has two municipal pools, Oceanside has two municipal pools.

    Of the North Coast cities big enough to have a municipal pool, only Encinitas doesn't.

    When you don't know what you're talking about, don't talk. You lost the debate many posts back because you're giving your empty opinion unsupported by facts.

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    1. Take your own advice. Solana Beach does not have a Municipal Pool.

      Solana Beach has a pool at the boys and girls club and thats what Encinitas should do. Let the YMCA ad boys and girls clubs manage the pool business.

      The City should ween down being in the rec business. The YMCA and boys and girls clubs are much better at it and more cost effect.

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    2. 10:16

      You look silly calling a nonprofit pool a muni pool. In fact, it is easier to swim in Encinitas than Solanaand cost less too. You can swim at a nonprofit pool or a for profit pool. Can you only swim in a muni pool or something? Would you like the city to pay your rent too?

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  33. Once again, verbal agreements aren’t worth the paper they are printed on.

    If you can’t produce it in writing, then it didn’t happen.

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  34. AS countless other cities have shown, a municipal pool is very expensive to operate and only benefits a very small portion of the constituents.

    Many Cities are in financial ruins. Lets use tax dollar wisely and not build a pool that could just as easily be built by a non profit like what the boys and girls club did in Solana Beach.

    You don't see Solana Beach and Del Mar pursuing building a public pool.

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  35. Who is the Starlight residents' attorney?

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  36. The Starlight neighborhood resident lawyer believed Stocks' promise without getting it in writing? That was a non-lawyerly move, and a lesson learned the hard way.

    This gate access to the community Park will not be open around the clock and only during daylight hours. ? Just asking.

    There will be no public parking allowed on Starlight. ? Maybe some drop offs.? Just asking.

    The city will be putting up the appropriate signage about no parking on their street, along with the times that the gate is open.? Just asking.

    I hope this, at the least, happens, in order to mitigate the impact on this neighborhood that is facing the loss of privacy. If there are other things that can be done, the city should do all they can for these residents.

    The shame is, they believed $tock$ promise.

    This is another example of this worst of all council members damage he left behind for others to deal with. I hope these residents will show up when he appears before the public for his campaign run and let him know how they feel about him running for the state assembly.

    If they do, they will not be alone in their condemnation of this piece of work.

    I hope that this gate is designed to prevent anyone from climbing over when it is closed and more than a simple barrier. The residents are owed that much for what they are losing. Make this gate as much of a wall as can be.

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    1. No, who is their lawyer NOW? For this lawsuit??

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