Breaking: Neighbors’ Lawsuit – New Documents Found

Background from our February article… “Last October the Encinitas City Council voted to build both a new gate along the southern border of Encinitas Community Park (ECP) and a four-foot-wide dirt path along Starlight Drive to access the gate. Starlight is a private gravel road vacated by the County decades ago and now maintained by the six property owners who live there. The City’s vote partially invokes an irrevocable offer of dedication (IOD) to take back the portion of Starlight from the owners. The City states that the new park entrance and path is needed to create a Safe Routes to School segment. The project cost is estimated at $66,000 (excluding any legal fees from the lawsuit).  Stephanie Kellar, an engineer for the City, told the Council “Starlight Drive is now private so [if you invoke the IOD] it would be a substantial change in the way these property owners experience their property.”  Because of the Council’s vote, some of the neighbors are suing the City to stop the invocation of the IOD.

At the October Council meeting, several residents spoke to the Council and reminded them that in 2008 the City promised there would not be an entrance to the Park along the south wall due to the narrow streets and limited parking in that neighborhood.  The City said they couldn’t find any evidence of such a promise and proceeded to vote to invoke the IOD in a 4 to 1 vote (Muir was the lone ‘no’ vote).  

However, a resident has just discovered the transcript of the 2008 Council meeting which shows Councilmember Maggie Houlihan, Mayor Jerome Stocks, and a Planning Department representative stating that the south wall of the Park shall remain intact and an entrance along that section will not be built.  

CLICK either Screenshot to read the 2008 City Council meeting minutes
(see pages 45 & 89)