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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 �c ® 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 q 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. L/ - � 9 . ADJOURNMENT COMMISSIONER HARTLEY MOVED, ANDERSON SECONDED TO ADJOURN THE MEETING AT 4 : 01 P.M. MOTION CARRIED. 4-0 . b:\ra78 y H c�