Saturday, June 28, 2008

Walgreens Traffic Conclusions

From the desk of,

Herb Patterson


For years now I have been quoting the General Plan verbiage below:

Circulation Element Goals and Policies page C-3 reads as follows “Policy 1.2 Endeavor to maintain Level of Service C as a basic design guideline for the local system of roadways understanding that the guideline may not be attainable in all cases.” and “Policy 1.3 Prohibit development which results in Level of Service E or F at any intersection unless no alternatives exist and an overriding need can be demonstrated."

For years you have not enforced this provision of the General Plan. We now have a perfect test case as their is no controversy over the conditions of the intersection of Encinitas Blvd. and El Camino Real, the proposed site of the now green lighted Walgreens. The Walgreens traffic report shows the before build out and after build out improvement the peak hour level of service are between LOS D and E at peak hours [see Table Seven pg. 29 of the traffic report]. It also shows that the 2030 baseline and the baseline+project level LOS for the two driveways varies between LOS C and E during peak hours [ see table 5, pg. 26] .

So what are my conclusions ?

1. The development should not be allowed because the threshold of the General Plan have already been exceeded. No new development affecting this intersection should be allowed until such infra structure improvements as necessary to bring the intersection within the acceptable limits of the General Plan are done.

2. The addition of an additional right hand turn lane on the West side of El Camino Real would mitigate the gross LOS figures generated by the Walgreens to a certain extent, but whatever that extent would be, it would not mitigate the the driveways at peak hours AS THE TURNING MOTION REMAINS THE SAME. In fact, a dedicated right hand turn lane without an island preventing those leaving the El Camino Real driveway of the BofA from attempting any other action other than turning right may well make the problem worse.

3. This project is not one where "no alternatives exist" or an "overriding need can be demonstrated".

4. The alternative of closing the BofA El Camino access has not been discussed, whether in the context of moving the BMW driveway to alignment with the MacDonald's driveway on Encinitas and signalizing it to provide access to all or with no further changes. The Staff report indicates the only other option would be to change or remove the existing BofA building. They have failed to consider any other possibilities and have been deaf to the community.

I propose that each of you respond to this letter in writing so the citizens of Encinitas can understand your views. I suggest that you do this without help of staff or counsel, though the response of staff could certainly be included as a separate response. I suggest you respond to the applicability of the General Plan in general as well as this specific example. Ms Barth is excused from this exercise as she voted for the appeal against this project based on other General Plan provisions - though she is welcome to provide input. Since the Traffic Commission will review this project, their participation is also voluntary.

I have contacted J.P. La Pierre and he will post this letter and your responses on his "Leucadia!" website so the community can better understand your point of view. For years I have presented you with these General Plan provisions and have never received a written reply. I believe you owe me and the citizens of Encinitas a specific reply outlining your views.

Thank You,
Herb Patterson

See Herb's previous letter about Walgreen's: Leucadia Blog: Do we need tax monies so badly that we are willing to shoehorn in an unneeded business on an illegal lot?
ENCINITAS: Walgreens gets green light


  1. make that big ugly intersection a double lane roundabout and everything would be better!

    Otherwise you will end up with an 8 lane roadway. Can you say LA?

  2. Some people and projects are more equal than others, that's just the way life and politics happens.

    As my mother bad, so sad!!

  3. Is it me, but why can I not trust anything Herb Patterson says or writes??? When did he start caring about traffic???

  4. Perhaps Herb cares about the community. This was a scam because the City needs more tax dollars. Simple as that. They will violate the City's General Plan to achive that end.

  5. It would appear that once again the City Council and Kerry Kusiak (senior planner) have violated the General Plan. Why? Anon: 8:39 called it. Money!! So let's look at the elections coming up. We have 5 or 6 candidates, perhaps more.We have potentially 3 open seats. Someone suggested we not split our votes up. Not sure what the poster meant. There are 3 open seats. Since we cannot vote for the same person 3 times, we have to split our votes. So far my choices are Maggie (incumbants have a better chance of winning and Maggie is still very popular); Bob( yes, he his an activist, however what is wrong with that?) and I havent made up my mind about Sheffo or Collier. I will wait until the debates to decide on that one. Hoefully all the complainers will come to the debates. Let's see if David Meyers hires a clown to follow Maggie this year. From my perspective, the main thing is to VOTE. Don't complain if you don't vote.

  6. Lisa Bologna,

    Herb has been caring about, investigating, and writing letters to the council about traffic for many years now. Can we move past trying to shot the messenger and debate his points?

  7. Walker (original)June 28, 2008 9:46 AM

    anon 7:28,

    We should get to root of why LA "sucks". Why does LA suck? You do know they have embraced smart growth.

    Would LA be better off if they turned all their streets into 2 lane roads with roundabouts? Is that your point?

    What will happen to encinitas if we turn el camino into a two lane road with roundabouts? Is that what you want?

  8. It is important to point out that herb is not trying make it so the property owner can't use the property. The property owner has been highly utilizing the property as a bank for many years and has only now attempted to gain more property rights . Herb seems to believe that those new rights are being granted unfairly and illegally.

    The other side says those rights were already vested and herb is wants to take them away.

    When Wallgreens goes out of business can a strip club go in there? We don't have enough strip clubs.

  9. This again shows that the 3 stooges on the council (have to add Maggie as an honorary one on this) DO NOT CARE TO FOLLOW THE GENERAL PLAN. As Stocks so arrogantly and snidely remarked during a council meeting debating the city policy of 24 hour notice for closed sessions "If we were doing it wrong, someone would have sued us." This is leadership? No, this is pandering to business interests to develop contributors to political campaigns -- there is no limit for PAC contributions. Stocks wants to run for the State Assembly and is paving his road to Sacramento on our backs. Dalager and Bonds are just plain dumb. Maggie flip flops but can be persuaded to do the right thing. The only councilmember with a brain and no personal agenda is Barth.

  10. anon 9:41 I am not shooting the messanger. I actually agree that that is not the right place for a walgreens and that Encinitas has other open buildings that seem better suited.
    my issue is ole Herb never does anything unless it benefits him and his cohorts, so I am just trying to figure out why he cares about this.

  11. Walker.

    Yes to all your questions.

    LA would be much nicer with two lane roads and roundabouts. It wouldn't be the scum ghetto that exists today.

    El Camino would be much nicer as a two lane road. The carlsbad commutors should use I5.

  12. this is such a borning little topic.

  13. yes, IS you, and dr. Lorri, why do you insist on planting the seed of doubt about Rachelle Collier post after post? If she gets elected you just may lose your little seat on the park and rec. Ever thought of that?

  14. Walgreens is about development NOT long-term planning. Another mess brought to you by city planner Kerry Kusiak.

  15. Lisa, if you were knowledgeable about the community of Encinitas you would know that Herb has been studying traffic reports, attending traffic commissions and traffic workshops for about four years now. If you had been at a traffic workshop with traffic consultants you would have learned that traffic follows a parabolic curve (if you don't know what that is look at a picture of one and then it will make sense). A parabolic curve all of a sudden turns up. We all know that the intersection in question is bad. The Walgreens project is a trigger or tipping point for traffic in the area. Even thought 800 trips seems small compared to 26,000 it will cause traffic to go from bad to horrid. Our general plan says that when this happens you must fix the infastructure to correct the problem from horrid and bring it back to just bad. This can be done in such a way that all concerned benefit but other possibilities were not presented by staff even though the public had provided other possibilites.

  16. Just an opinionJune 28, 2008 11:55 AM


    Back up your statements. You are so far off from reality it is very disrespectful to Herb and his efforts to bring some light to the problems that can ultimately cause our city to become LA! List some of the things he has written about and tell us how they benefit him. Most of the things he has worked on don't directly effect him in his daily life.

    I don't always agree with you but I respect your efforts to help this city.

  17. Lisa,

    Are you confusing Jerome Stocks and Herb Patterson. Herb is the one that is community minded. Jerome is the one that is self serving and politically ambitious.

  18. Walker (original)June 28, 2008 12:05 PM

    To anon 11:10,

    I propose that we try out your approach. We can temporarily draw el camino real down to one lane each way and put in a temporary roundabout at el camino real and encinitas blvd. It won't cost much. Let us see how much improvement it brings our town.

    I would go for this little test. Send a letter to the city suggesting this idea. If you go public I will publicly support the idea for a test run.

    I predict traffic will come to an unbearable crawl and people will avoid EL Camino and instead cut through neighborhoods to avoid it.

    If I am wrong, all the better for our town.

  19. Anonymous 11:13- You ask why I continue to raise doubts about Collier post after post? I did not realize I was doing that. Let me set the record straight. First, does it reallly matter what I think at all? Second, if I lose my seat on Parks and Rec so be it. I am enjoyng the privilege of contributing something to the City of Encinitas, however it does take time. So if I get thrown off, I will deal with it just fine. Third, I do not know Collier, so how can I have an opinion one way or the other. I do not live in Leucadia so I have not had the privilege of meeting her. I have also not met Sheffield or Brandenburg, so I do not know enough about them either. I do know Maggie and Bob. I like them and think they would be an asset to the Council. My opinion is just that, my opinion. One person, one vote. So, I am only one vote anyway. I am not running for anything so I have no ax to grind. I want what is best for all of Encinitas.

  20. Walker-

    I meant two lanes in each direction with two lane roundabouts for majore intersections. Since its a major road.

    Sorry for the confusion.

  21. Walker (original)June 28, 2008 12:48 PM

    More lanes. Lets try it out.

  22. How can anyone outside of Leucadia know anything about Collier since her website is not up yet? I do not think that Dr. Lori has raised extra doubt about her, she freely admits she doens't know her. You all say to call her. That's easy to say and hard to do when there is no phone number to call. So why should any of us vote for her or anyone else for that mater without knowing more about the person? What she says on her website so far , anyone could say. There are no specifics. Even Joe has done that. Of course she doesn't need to if all of you Leucadians think she is so wonderful. Be careful with that attitude. You exclude a lot of people with it and may hurt Collier in the long run.

  23. Qui bono - who benefits?

    Nobody in the community asks for another store with thousands of cubic feet shelving cheap goods found at dozens of other stores.

    The Walgreens corporation doesn't need our community. The Walgreens corporation needs consumers. And as a thriving business it needs profits. But, as educated people we know that these profits do not stay in this community.

    So this whole string of bad decisions is being driven by outside forces to make profits from consumers (of anywhere) for the corporation. If we don't need or want the goods, why are we doing this.

    Oh, and taxes are not enough of an answer.

  24. Good question. Who does profit? That is always the bottom line. To find that out we have to look at the players. Who are they? Walgren's, of course. Then there are people at all levels at the City. I do not intend to accuse anyone of taking a little advantage of their potential persuasion or vote, however, it is intertsting that the Planning Commission and the Council voted it thru, even against DEMA. Traffic was not included, although I am not certain of that. What to make of it______ah, that is the question.

  25. Yes, indeed. Who, besides Walgreens, benefits from all of this? Certainly not Herb Patterson. But some individuals at the city do, especially Jerome Stocks, who will receive generous campaign contributions. Also Patrick Murphy, who wants to hang on long enough to receive his generous pension, and Kerry Kusiak, who wants his rapid advancement and generous pay raises to continue. I'll leave further speculation to your own imagination, but this approval process doesn't smell right.

    Ignore Lisa, as it is Jerome or his surrogate posting under a deceptive name.

  26. You think you are not going to be affected by traffic from new development as you try to enjoy a peaceful sunset from your $$$ deck at home? Think again -- the City does not use a residential standard for average daily car trips (ADT) in evaluating the impact of new developments on traffic in residential areas. The City says it doesn't have any residential standards (which are considered non-circulation element roads) so it uses circulation element road standards to evaluate the impact a new development will have on residential streets. A two lane circulation element road has an acceptable maximum ADT of 14,000 -- if you do the math, the City thinks a car passing by your home ever 3.08 seconds 24 hours per day is acceptable. This is the crap analysis the Hall EIR utilizes to justify the sports complex and not surprisingly shows no impact with a few roundabouts thrown on Santa Fe. And you wonder why new development is approved willy nilly -- the cards are all held by the developers. It is time for us to Get Smart -- no more trophy projects and no more flawed EIRs!

  27. Herb PattersonJune 28, 2008 4:19 PM

    To clear the air on my motivation,I have no business interests in the City and am retired. I have indicated I will not run for office in any form in Encinitas nor serve on any committees. I became involved with City politics when a poorly planned rezone of an open space/park lot near my house was proposed about five years ago. The more I looked into City procedures, the worse things looked. I continue to waste my time trying to fix a very broken City government. More people should be aware of what the future holds for us if we continue unabated development.

  28. I hear Walgreens gives free prescription refills. Woo hoo!

  29. DEMA made no comment about Walgreens.

    The Encinitas Chamber's CEO Gary Tucker spoke in favor of Walgreens but not at the expense of exisitng businesses.

  30. casual observerJune 28, 2008 5:59 PM

    In Encinitas, whenever a community volunteer presents a case backed by solid facts, it is common practice for that individual to be subject to personal attacks. Recall our councilman Dalager's infamous statement that our local volunteers "have no life". However, if a volunteer researches a topic that Mr. Dalager agrees with, that person will be showered with praise. This has been common practice in politics since the Greeks.

  31. A couple of comments.

    Why would DEMA comment. DEMA is Downtown Encinitas Merchants Association. Outside of their jurisdiction.

    Why are you all so worried. If no one in Encinitas wants the Walgreens. No one will shop there and it will close.

    I have no idea why this is a big deal?

    Why don't people concern themselve with big problems like the $100 million dollar regional sports park which each family will pay thousands for.

    Or how about that death trap in Leucadia that kills everyone each year. Known sometimes as the railroad crossing

  32. It is a big deal because we need to be heard for this project, for the regional park, for the a cut and cover plan for train tracks, for the sand tax and any other issue we as citizen choose to voice our opinions. We are Encinitas - whatever our neighborhood. We are tired of being told to sit down and shut up. We are capable of thinking about several things at one time. Respect for that is a very big deal.

  33. 800 more average daily car trips with that many more more cars impeding traffic by turning into and out of Walgreens. Looks like we're stuck with that. But can somebody tell me why Alberton's closed nearly a year ago and there's no one interested in that huge building on Encinitas Blvd?

  34. Because the market cant support a grossy store at that location. Man you people are dumb.

  35. Who would want a store that is gross at any location? Who's the dumb one here?

  36. grossy = grocery

    The stupid - it burns.

  37. If Herb is so informed why does he think JP's last name is LaPierre>

  38. Herb PattersonJune 29, 2008 6:02 PM

    Herb type first,think later. Herb bad. My apologies to J.P. who never mentioned my error. A class act !

  39. Cutting Down Eucalyptus Trees.

    The Walgreens development will also require cutting down the tall eucalyptus trees on the property.

  40. Traffic circles and pedestrian tunnels are Bad. Hasn't anyone been to the East Coast where traffic circles abound?
    These things are known mistakes that have already been made elsewhere, but haven't yet been corrected.

    Thanks, Herb. It is a relief to know that someone can read the General Plan.

  41. walker (original),

    So where have you been lately?
    I just thought the name up out-of-the-blue last week, and will politely acquiesce to your claim of entitlement.


  42. Walker 2-

    You’re a moron. What we have and are promoting are modern roundabouts-Not the TJ traffic circles of yesteryear that don't work. If you really walk around, you would know how terrific the roundabouts truly are.

    Look on the internet about the stats for roundabouts to educate you.

    Why don't you like them? Are you having trouble figuring out when to yield?

    I think you need to really get out and walk and you will learn much more.

  43. A traffic circle is a traffic circle if you ask me.

    Leucadia Blvd. was fine the way it was. I don't recall hearing about any accidents on Third Street before the stops signs went up at Encinitas Blvd. And if I'm not mistaken, wasn't the guy who got hit on Santa Fe Drive (pre-roundabout) jay walking at night? Did anyone check his BAC?

    To be honest, I really don't believe that "Improvement" equates to progressively raising more and more impediments to traffic flow over time.

    As for stats, "roundabouts do not cope well with traffic on highways" (e.g., HWY 101).

  44. Excuse me, they did check Patrick Fisher's BAC--it was 0.22 (pre-roundabout).

  45. Walker (original)July 01, 2008 8:47 AM

    Where have I been?

    I tried to go green by giving up electricity all together. It didn't work out and I found a company that manufactures solar panels without too much pollution.

  46. For such an extraordinary effort to go green, you clearly merit the mantle, "walker", walker.

  47. Thanks, Herb.

    I think "lisa" is Jerome Stocks, again. He likes to post under a name so we won't think it's him.

    I was quite disappointed in Maggie that she did not see the obvious contradictions in the General Plan, and did not vote to uphold the appeal. She brought up good points, then backed down, just like she did on the Sands Trailer Park conversion issue.

    I hope that Council does respond as Herb requests.

    Herb, keep up the good work, and most of us are VERY glad for your wisdom. It is obvious that you have studied the General Plan, and that Jerome Stocks, James Bond, Dan Dalager have not.

  48. I think W2 is a retard. He/She will probably get smeared by the train.

  49. I bet the drunk firefighter that closed the bar and killed himself on Santa Fe BAC was higher than .2


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