1991-09-20 I �
`1
CITY OF ENCINITAS
SENIOR CITIZEN COMMISSION
MINUTES
Meeting Date: September 20, 1991
1. CALL TO ORDER/ROLL CALL
Vice Chairperson Ash called the meeting to order at 1: 00 p.m.
Present: Vice Chairperson Ash, Commissioners Hartley,
Reaves, Motley and Anderson
Absent: Chairperson Wessel and Commissioner Taaff
Also
Present: David Wigginton, Community Services Director,
Pamela Alexander, Recreation Superintendent,
Richard Phillips, Management Analyst, Jennifer
Berner, Recreation Supervisor, and Jacqueline
Reynolds, Senior Office Specialist
® 2 . PLEDGE OF ALLEGIANCE
3. ORAL COMMUNICATIONS
None.
4 . CLOSING AND ADOPTION OF CONSENT CALENDARS
A. Approval of Minutes of August 16, 1991
COMMISSIONER MOTLEY MOVED, ANDERSON SECONDED TO APPROVE_ THE
MINUTES OF AUGUST 16, 1991. MOTION CARRIED 5-0.
5. PRESENTATION
A. Introduction by David Wigginton, Community Services
Director, of Recreation Superintendent Pamela Alexander.
Director Wigginton introduced Pamela Alexander,
Recreation Superintendent. He noted that Superintendent
Alexander has a degree in Recreation Administration from
San Diego State University and has formerly served seven
110- years with the City of San Diego and.nine years with City
of Santee as Recreation Division Manager. He added that
in both these cities Superintendent Alexander worked
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® extensively with senior citizen affairs.
Director Wigginton then presented a Certificate of
Appreciation for Outstanding Service to the City of
Encinitas and the Community Services Department to
Supervisor Berner who had served as Interim Recreation
Superintendent.
B. Presentation by Ruth Messing, Insurance Specialist,
Regarding Nursing Home and Long Term Care.
Ms. Messing gave an indepth presentation on available
insurance noting the need for seniors to understand
Medicare and related insurance. She handed out flyers on
how to protect yourself against the expense of long term
care and explained how to get full benefits from Medicaid
and Medical. She noted that most people do not have the
protection that they think they have and are confused
about their Health Maintenance Organization (HMO)
benefits.
Ms. Messing noted that the Federal Government is
encouraging people to take out private insurance by
stimulating insurance companies to offer Nursing Home and
Long Term Care insurance coverage. She added that there
are over 70 companies licensed to sell insurance in
California. Ms . Messing encouraged everyone to prepare
a Durable Power of Attorney and then asked the Commission
for any questions.
Commissioner Hartley asked what are the odds of needing
long term care.
Ms. Messing advised that statistics state that at age 55
1 out of 10 people will need long term care before their
life is over; at age 65 2 out of 5, at age 75 3 out of 5
and at age 80 it is likely that 5 out of 5 people will
need care.
Commissioner Motley asked who should not be insured.
Ms. Messing noted that anyone who is on the verge of
Medical eligibility and the very rich do not need long
term care insurance.
C. Presentation by Craig Jones, Senior Planner, Regarding
Senior Housing Zoning Laws Within the City of Encinitas.
Management Analyst Phillips introduced Senior Planner
• Jones who addressed Senior Housing Zoning Laws with the
City of Encinitas.
o Senior Planner Jones noted that the issue is should the
City adopt a Seniors Only Zoning Law pertaining to
housing and in particular to Pacific Serena. He stated
that the Federal Government, through HUD, has
jurisdiction over issues of "fair housing" which includes
deciding which housing project legally qualifies as a
Seniors Only Project. He added that the City can provide
information to the Federal Government verifying the need
for poor and senior housing within the City.
Senior Planner Jones noted that there are several cities
in California who have Senior Housing Zoning Laws,
however, they must qualify under Federal Government
guidelines. He added that Pacific Serena has applied
for Senior Housing status through HUD and that this
request needs to be brought to closure before the City
takes any formal action. He then asked the Commission
for any questions.
Commissioner Motley asked what 'brought to closure'
means.
Senior Planner Jones explained that HUD has not made
their decision on Pacific Serena's . request for senior
housing status. This request was submitted to HUD in
1989 . He added that this project was marketed as a age
restrictive Senior Housing Only project in 1969 . He
noted that the City has been in contact with HUD
regarding closure of this request.
Commissioner Hartley asked what other cities have Senior
Housing Zoning laws.
Senior Planner Jones noted that Foster City and Escondido
have such laws.
Commissioner Motley requested that the City inform HUD
that Encinitas is in need of low cost senior housing.
Senior Planner Jones agreed that there is an unmet need
for low to moderate income housing in Encinitas.
Commissioner Reaves asked if Encinitas Terrace has
qualified with HUD as a Senior Housing Only project.
Senior Planner Jones said that he did not have that
information.
Vice Chairperson Ash noted that Encinitas Terrace was
required to have a limited number of units exclusively
for low income seniors. She asked Senior Planner Jones
what Pacific Serena can do to qualify under HUD's
requirements for senior status.
Q Senior Planner Jones noted that Pacific Serena must
provide the Federal Government with the information that
they have requested for the project to qualify as a
Senior Only Housing project. He added that the City will
provide all information needed to assist Pacific Serena
expedite their HUD application.
Commissioner Reaves stated that when a person purchases
property he is given a copy of the CC&Rs for that
property.
Senior Planner Jones agreed that prior to purchasing
property the buyer must receive a deed of restrictions
and regulations which apply to the property.
Management Analyst Phillips thanked Senior Planner Jones
and asked if there were any public comments. He
explaining that a "Request To Speak" slip must be
submitted to the Commission Secretary prior to speaking.
Frances Cavallin, 243 Gloxina, Encinitas, donated her 3
minutes to Bob Swearingen.
Bob Swearingen, 745 Teaberry Street, Encinitas, Pacific
Serena Homeowners Association, thanked Senior Planner
Jones for his assistance in getting HUD to make a
decision. He than read a letter dated September 16,
1991, addressed to Ron Packard, U.S. Congressman,
requesting assistance in having Pacific Serena (PS)
designated as a Senior Housing Project. This letter
expressed the need for a safe, low cost senior community,
reviewed application for Senior Housing classification
made to HUD, and included prior correspondence with
Senator Craven.
Vice Chairperson Ash complemented Pacific Serena
Homeowners Association on a very complete and clear
presentation.
Commissioner Reaves noted that everyone is in agreement
that HUD should take action on this request.
Beatrice Robinson, 242 Gloxina St. , Encinitas, stated
that when she tried to add a second bathroom on her house
she had to battle with the Pacific Serena Homeowners
Association. She added that she does not think that HUD
should grant PS senior community status.
Commissioner Hartley asked if Ms. Robinson was aware of
the CC&Rs when she purchased property in PS.
Ms. Robinson stated that she was not given -a copy of
CC&Rs and she was tired of the battling in PS.
OCommissioner Hartley noted that the Commission is here to
hear the issue of senior housing status only, not
squabbling within the Pacific Serena Homeowners
Association.
Richard Mazalatis, 236 Gloxina Street, Encinitas, stated
that he moved into Pacific Serena a couple of months ago,
that he is 47 and has never been notified of a PS
Homeowners Association meeting or this Commission
meeting. He added that he wants the trash homes in PS
cleaned up.
Commissioner Hartley asked that the speakers stay on the
subject of senior housing status. He added that it is
regrettable that this discussion has slipped into this
type of dialogue.
Vice Chairperson Ash asked Mr. Mazalatis if he received
a copy of the CC&Rs when he purchased his property.
Mr. Mazalatis stated that he received a copy of the CC&Rs
but not the amendment which stated that residents must be
55 and older. He said that his CC&Rs stated that the age
of residents must be 45 and older. He added that if the
Commission has a problem with this they can check the
truth of this statement by phoning First American Title
and find out for themselves.
Management Analyst Phillips reminded the speakers that
the subject is senior housing status.
Eunice Riechart, 245 Delphinium Street, Encinitas, stated
that she has legal papers and has abided by these papers,
however, she is sick of her driveway being used as a
garage, a parking lot and by contractors to haul their
junk.
Jill Heers, 737 Sun Flower, Encinitas, stated that she is
a realtor and lives in PS. She said that when she
received her CC&R's she was told they could not be
enforced and to ignore the rules. Ms. Heers added that
she is concerned about the secret letter sent around.
Commissioner Reaves noted that it is the Commission's
duty to understand what is needed in the community. He
stated that there are two issues; 1) property values go
up when young people buy into an area, and 2) that
seniors are entitled to enjoy their life and their home.
He added that if seniors purchase property identified as
a Senior Community they have a right to expect that
quality of life.
• Jean Neimoper, 214 Delphinium, Encinitas, noted that the
issue is a Federal Law governing senior housing and that
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O a City cannot override a Federal Law. She stated that
HUD will make the decision not the City of Encinitas.
Commissioner Hartley noted that the City is encouraging
HUD to move toward a decision.
Scott Stephen, 732 Foxglove Street, Encinitas, stated
that PS was originally built and marketed as an
affordable Senior Community, however, the builder failed
to finalize the paper work with the County.
Commissioner Reaves noted that the Commission should move
toward encouraging HUD to make a decision and asked
Senior Planner Jones how this can be done.
Senior Planner Jones noted that the City could file a
letter with the Federal Government asking HUD to make
their decision on Pacific Serena's request to be
classified as Senior Housing.
Vice Chairperson Ash requested that a letter be submitted
to HUD urging resolution of the complaints filed by
Pacific Serena regarding Senior Housing status.
Vice Chairperson Ash called for a break at 2 :55 p.m.
The Commission resumed its meeting at 3 : 05 p.m.
6. UNFINISHED BUSINESS
A. Report From Subcommittee With Evaluation of Senior
Services Day, (September 11, 1991)
Vice Chairperson Ash related that the first Senior
Services Day was very successful . She noted that
approximately 250 people attended. She thanked the
Commissioners for their support of this project and the
Recreation staff who helped, Interim Recreation
Superintendent Berner and Senior Office Specialist
Reynolds.
Commissioner Hartley asked if next time a minimum charge
could be made for table/booth space.
Vice Chairperson Ash answered that non-profit agencies
can't be asked for money.
Commissioner Reaves asked if there had been enough
sponsors to finance the event or if the City had to
subsidize the cost.
• Management Analyst Phillips noted that it is too early to
tell and that the City is still receiving bills.
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9 . ADJOURNMENT
COMMISSIONER HARTLEY MOVED, ANDERSON SECONDED TO ADJOURN THE
MEETING AT 4 : 01 P.M. MOTION CARRIED. 4-0 .
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