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November 18, 2013
Hawaii Court Decision
In Hawaii, Republican State Legislator Bob McDermott took the very unusual step of filing a court motion requesting an injunction to stop a bill that would have legalized same sex marriage. This was before the legislature had passed it and the governor signed it! You can read that filing here. An essential part of his argument is that Hawaiians did not understand the constitutional amendment that they approved in 1998. The amendment is Section 23 of Article 1 in the Hawaii Constitution. Here is the full text of the amendment:
"The legislature shall have the power to reserve marriage to opposite-sex couples."
Anybody who can read will readily understand that this amendment is not the people banning same sex marriage, but is the people granting an additional power to the legislature.
Rep. McDermott says his whole point is "Let the people vote." But he ignores the fact that they did vote. The amendment process for the Hawaii Constitution requires approval by a vote of the people after passing the legislature. They approved this very simple amendment and have had it for 15 years. Today is the 10th anniversary of the court decision recognizing equal rights in Massachusetts. In these past 10 years with all the changes that have come, are we to believe that no one in Hawaii re-read this amendment and thought it was worth revising until this very, very late moment?
Circuit Court Judge Sakamoto has ruled against Rep. McDermott. You can read that ruling here. The fifth sentence in the Introduction to that ruling says "...this court lacks the authority to grant Plaintiff's requested relief." He goes on to say that the court cannot interfere with the passing of a bill by the legislature or the signing of a bill by the governor. The judge also ruled that bills cannot be subject to requests for declaratory relief, McDermott does not have standing, and McDermott had "completely failed" to demonstrate the bill would be unconstitutional.
Filed under Gay Issues | permalink | November 18, 2013 at 08:08 PM | Comments (0)
DHS Public Safety Commission - November 14, 2013
Commissioner Brady was absent from this meeting of the Public Safety Commission.
Public Comments
Lisa Delagada said she owns two vacant lots on Mountain View. Code enforcement cited her for excessive weeds, but she says there are no weeds, only desert landscaping. She said there had been weeds behind her lot on property owned by the neighboring motel. She wanted to know what to do. She was advised by Commander Peary to talk to the Code Enforcement Supervisor David Wilson who was present.
Animal Control
The stats are in line with what is usually experienced at this time of year. 83 canines impounded, 58 felines, 3 "others." Of the 276 calls for service, 10 were for vicious animals, 20 for cruelty or neglect. 41 citations were issued and 101 animals were licensed. In the last few months there was one house where Animal Control impounded 15 dogs. At another house there were 14 or 15 cats that had been abandoned.
Fire
Chief Tomlinson was not present, but October 2013 was another record month for fire service calls. Here are October calls going back to 2008.
- 2013: 335
- 2012: 325
- 2011: 302
- 2010: 307
- 2009: 258
- 2008: 230
271 of the calls in October 2013 were medical; 7 were fires; 26 were false alarms; 12 were traffic collisions. Some of the leading medical calls as reported by dispatch were abdominal pain (17), assault (19), chest pain (20), difficulty breathing (44), fall (24), "person down" (54), traffic collision (16).
Code Enforcement
In October 60 citations were issued with a total dollar amount of $37,850. $34,411.48 was paid toward citations. 72 notices of violation were sent. 13 demand letters were issued with a value of $35,985.44.
There was a single-family residence that was converted illegally into five apartments. Code Enforcement staff met with the owner and City Attorney, Planning and Building Inspector. Code Enforcement wants access to inspect, but the owner is not expected to cooperate. A warrant may be necessary.
On November 14 Code Enforcement officers did a sweep of all the commercial properties on Palm Drive from Mission Lakes south past Dillon. That's 164 locations, finding 602 potential violations. Officers looked at everything, including trash enclosures, business licenses, and signage.
Police
Commander Peary delivered the report. Once again, crime numbers are down overall compared with last year.
| October 2012 | October 2013 | YTD 2012 | YTD 2013 | |
| Criminal Homicide | 0 | 0 | 5 | 2 |
| Rape | 1 | 2 | 8 | 3 |
| Robbery | 7 | 1 | 47 | 61 |
| Aggravated Assault | 23 | 8 | 236 | 171 |
| Burglary | 41 | 31 | 413 | 394 |
| Larceny | 24 | 5 | 332 | 343 |
| Motor Theft | 11 | 19 | 132 | 117 |
| Totals: | 107 | 66 | 1173 | 1083 |
Filed under Desert Hot Springs,Public Safety | permalink | November 18, 2013 at 01:58 PM | Comments (5)
Visiting Palm Springs and QNT
"QNT" is Quaint Neighbor Towns. Palm Desert? That's a QNT. Desert Hot Springs? Also a QNT.
Skip the Steam Room, Dip in Hot Springs
When I asked my colleague Matt Creech, a regular Palm Springs vacationer, for a unique spa recommendation, he retorted, "The entire city of Desert Hot Springs." This area is graced with just a few square miles where pure mineral water bubbles to the surface. "The hotels here are funky, basic and boutique places built in the 1960s to leverage the mineral-rich hot spring waters unique to the area," he told me. Get here by driving 20 minutes north of downtown Palm Springs.
Filed under Coachella Valley,Desert Hot Springs | permalink | November 18, 2013 at 11:04 AM | Comments (0)
November 17, 2013
DHS Planning Commission - November 12, 2013
Cellphone Tower
This first item had two parts: first, a zoning text amendment to create guidelines on how a cellphone tower site can be permitted in a residential zone; and, two, a conditional use permit for a Verizon Wireless cellphone tower site on Mission Lakes Boulevard.
Under the existing zoning rules, a cellphone tower would be permitted as an accessory use in a residential zone. IOW, somebody could put one up in their backyard. City staff took the opportunity provided by this Verizon Wireless proposal to codify more stringent restrictions on cellphone towers in residential zones. The new rules apply to satellite dishes larger than 10.5 feet in diameter and any antenna taller than 75 feet, as well as cellular towers in residential zones.
- The property must be at least 5 acres,
- There must be a 6-foot masonry wall surrounding the facility,
- The property must be landscaped, including the area 20-feet deep along the street frontage,
- The cell tower must be the primary use (i.e., nothing else will be built on the 5 acres), and
- The applicant "must complete all street dedications and/or improvements as it would otherwise be required for any proposed residential development in a residential district."
In addition, staff proposed an unrelated clean-up item for the zoning code:
- Changing the word "church" to "place of worship"
A zoning text amendment must also be approved by the City Council who must give it two readings. The amendment would become effective 30 days after the second reading.
The tower will be decorated to look like a water tower. The conditional use permit requires palo verde trees around the tower and along Mission Lakes Boulevard. The tower itself will be 500 feet from Mission Lakes Boulevard.
Commissioner Colarossi said he has observed a loss of cellphone service when he gets very close to a cell tower and wondered if the same thing would happen for this site. The representative for Smartlink, who is building this for Verizon Wireless, said that every company operates on their assigned bands and there should be no interference from other carriers regardless of the proximity to a tower.
Mr. Colarossi also asked if this project was exempt from a water quality management plan. The answer is no, all requirements for drainage and retention must be met. Mr. Colarossi said that he thought that report should be available for the Planning Commission to review. Staff said that a WQMP is required if the project is to disturb more than an acre, but this project will disturb less than an acre. Usually WQMPs are reviewed by staff in the engineering and building departments, not the Planning Commission. Mr. Colarossi said there should be some indication in the agenda packet that the WQMP has been reviewed. It was explained that it would normally be part of the process at plan check, which comes after, not before the Planning Commission hearing. Mr. Colarossi said he is concerned that it doesn't actually get done. Attorney Mizrahi said that Martín Magaña could bring the report back to the Planning Commission after it is done. Mr. Colarossi said he was sure the law required that report before the project comes to the Planning Commission. Attorney Mizrahi very diplomatically said she never heard of that law, but she will "double check."
Mr. Colarossi continued, saying that he doesn't like it when he sees conditions that something is to be "completed to the satisfaction of the city engineer." He wants to see on the site plan where water is going to be held, if at all.
The conditions of approval say only this about the palo verde trees: "Blue Palo Verde Trees shall be planted every 20 feet around the perimeter of the site and along the street frontage." Richard (new in the Planning Department) suggested that be expanded to say they must be the size that comes in a 24-inch box. That was then further clarified to say that each tree must have a diameter of 3 inches measured at a point 5 inches above the soil surface.
Commissioner Romero said that even though established palo verde trees need no assistance, they do need deep watering in their first year in order to become established.
Ms. Romero wondered if the screening could reduce the efficiency of the tower. The answer from Smartlink was that trees can interfere with the radio signals, the screen around the antennas is transparent to radio frequencies.
The facility will have a hooded light that is motion activated. It shines downward and is located on the equipment. That should be the only light on the site.
Approved 5-0.
Vista Ventana Spa & Resort
This is the building on the northeast corner of 6th and Palm that most recently was called "Spring of Eden." It was originally built about 1961 as an apartment building and has switched between that use and use as a spa a couple of times. Vista Ventana is proposing to bring it back as a spa and get it open in January 2014, if things go well. This was one of those properties we hear about from Code Enforcement, where the owners began to rehab and upgrade the property with no permits whatsoever. After the city stopped that, the applicant was brought into the city process and shown the fees he would be paying to make this legal. The owner estimated this delayed his planned opening by only about two months. When completed, it is estimated that the spa will bring in about $32,000 in TOT revenue to the city. It will have 3 full-time employees with a projected payroll of about $82,000.
Google street view of the building.
Mr. Magaña said that code would require this property to have 23 parking spaces, and it comes nowhere close to that. City staff used the same 65% figure they used for Hotel Hyundae next door - that is, they estimate occupancy will not exceed 65%. Using that figure lowers the requirement to 14 spaces for Vista Ventana, a figure that still exceeds the available parking. They have 12 spaces. Mr. Magaña said that they could use on-street parking or make reciprocal arrangements with a neighboring property. There are 19 rooms in the future spa.
They are going to remove the pole-mounted sign and put their new sign up on the south-facing blank wall of the building.
Elevations showing proposed painting and landscaping. (Ignore the sign on the post, which they will take out.)
The site will have to be upgraded to meet ADA standards.
Commissioner Colarossi observed erosion near the curb, which suggested to him that water rushing down Palm Drive jumped the curb. He wondered if they had a master plan that showed where the water elevation would be during a 100-year flood, and whether the engineer has looked at that.
Mr. Colarossi asked if the project could continue even if they fail to make additional parking arrangements. Mr. Magaña said it could. It's a legal non-conforming issue.
Part of the preliminary site plan. Note the heavy dark line that indicates the extent of the city's right-of-way. Mr. Colarossi asked why the right of way goes right through the parked cars. Mr. Magaña said that's how these old subdivisions were laid out. It's common in the streets north of Pierson. The spa next door to this one is the same way. Someday when street improvements are made, this can be corrected. Chair Sobotta said the future remedy could be the adoption by the city of a different cross section for the street. The same situation exists on San Marcus, he said. Mr. Magaña said that as part of the General Plan update, they'll be looking at street widths. He said that some of the streets south of Pierson have 80-foot rights of way, while north of Pierson they're 60-feet.
Mr. Sobotta said that Palm Springs created narrower right-of-way standards for some areas. The minimum is 28 feet.
Scott Monroe, the applicant, was at this meeting. He's a real estate investor and certified property manager. He owns and operates several mobil home parks and apartment buildings. He took over America's Best Value Inn in Palm Springs and renamed it The Monroe. He expects to reposition the Vista Ventana in the market and make it very successful. The parking may become a challenge, but they are anticipating a 52% occupancy rate. They will make arrangements with their neighbors. He has a similar arrangement at The Monroe. A unique aspect at Vista Ventana is that the units have kitchenettes, which will make them more attractive to people who want to stay 2 or 3 weeks.
The bougainvillea you see on the west wall are intended to partly screen the protruding air conditioners somewhat. He doesn't want to replace the air conditioners yet because his expenses are going higher than he had expected. The engineering fees and come of the conditions of approval are costing him $40,000 to $50,000. He said he plans to open with $79 room rates. If business is successful then he could consider raising his rates and spending more money on some things like the appearance of the west side of the building.
The engineering requirements and the need to repave the parking area may delay the opening.
Commissioner Gerardi said the important thing is to get this building re-occupied, even though he's not real happy with the appearance of the Palm Drive side. Commissioner Burke agreed, saying that he'd like it to be as beautiful as possible, but if this proposal isn't approved, then we have just an empty ugly building sitting there.
Approved 4-1 with no changes, Commissioner Colarossi voting no.
Mr. Gerardi commented that the non-conforming buildings could add a lot of character to downtown if we do them right.
Filed under Desert Hot Springs | permalink | November 17, 2013 at 03:32 PM | Comments (1)
Celestron Event At Joshua Tree N.P.
Saturday, November 23, Celestron Telescopes and NASA will be doing a thing at the Oasis Visitor Center in Twentynine Palms. Daytime hours are 10 AM to 3 PM, when I imagine you will be able to inspect astronomical equipment in the bright light of day. Then from 6:30 PM to 10 PM the meat will be served: observe the heavens through telescopes.
This might be a sort of sales event - or maybe not. But in any case, there will be telescopes.
Filed under Science | permalink | November 17, 2013 at 09:49 AM | Comments (0)
November 16, 2013
Dynamic Shape Display
Demo of another thing from MIT.
Filed under Technology | permalink | November 16, 2013 at 11:58 PM | Comments (0)
Comet ISON Becoming Visible
Comet ISON is visible to the naked eye in the eastern sky very early in the morning. Here are some instructions on where to look: "Next Monday morning (Nov. 18), ISON will be passing close to the bright 1st magnitude star Spica in Virgo. Using the handle of the Big Dipper, sweep an arc to the brilliant orange star Arcturus. Then continue that arc on to Spica. Using binoculars, ISON should still be readily be visible as a fuzzy star with a short tail."
Arcturus should be easy to spot. It's very bright. If you've got a clear view to a low eastern horizon (that is, not the mountains east of Desert Hot Springs) you should also be able to see Mercury closer to the horizon than the comet. This is when that star app on your smart device will help you a lot.
The comet is moving quickly and will reach its closest point to the sun on November 29.
Filed under Science | permalink | November 16, 2013 at 09:07 PM | Comments (0)
A rare decision
A civil jury in Santa Clara County has awarded a teacher $362,653 in compensatory damages after he was falsely accused of being "a 'perv' and 'creeper' who inappropriately touched kids and peeked into their restroom." The second phase of the trial will commence on Monday to determine punitive damages. The jury ruled that even a girl who was 11 years old at the time "acted with malice and is liable for punitive damages."
They came down hardest on the "ringleader" student and the mother of the other two girls.The demeanor of the "ringleader," now 14, appeared to have alienated the jury. She giggled often while testifying, and twice got off the witness stand, stood in front of the jury box and demonstrated a dance move and chant a school cheer. The jurors sat grim-faced without smiling.
| permalink | November 16, 2013 at 05:08 PM | Comments (0)
This pilot has a complaint
Due to a broken propellor Brian Nicholson landed his small plane on Route 43 in Washington County, Pennsylvania. Now he's complaining that the Pennsylvania Turnpike is billing him only $3,000 for the trouble. They calculated $9.50/hour for every state employee that was present and assisting. This comes on top of a $1,000 towing charge. Mr. Nicholson said he had a spare propellor, but the Turnpike employees would not let him use the highway as a runway so he could take off again! What a nanny state! He said he could have been out of their way in only 15 minutes.
My question is how does Pennsylvania get highway workers for only $9.50 per hour? Also, I'm betting Mr. Nicholson didn't check into the fee for using a state highway as a runway for takeoff without giving 24 hours notice, which should be well more than $3,000.
Registration information on that plane. A little bit of history of the plane.
| permalink | November 16, 2013 at 04:29 PM | Comments (0)
I want to hear the sermon
Mark Dean ChaffinsPress Release: Commercial Burglary and Vehicle Theft
Agency: Palm Desert Police
Station Area: Palm Desert
Incident Date: November 16, 2013 Time: 7:50 am
Incident Location: St. Margaret's Church, 47535 Hwy 74, Palm Desert
Reporting Officer: Sergeant Dan DevinnyDetails:
Palm Desert deputies responded to a reported trespasser at St. Margaret's Church. Mark Dean Chaffins, age 41 of Rancho Mirage, was contacted in the sanctuary near the pulpit. Chaffins claimed to be a church employee preparing his sermon. Chaffins was determined not to be an employee and was asked to leave. A few minutes after Chaffins left on foot, It was determined he left his vehicle at the church. Because Chaffins had been asked about a vehicle earlier and denied having one, deputies re-contacted Chaffins at the Palm Desert Community Church, just north of the location. Chaffins fled on foot. A short foot-pursuit led deputies across busy Hwy 74, and less than a hundred yards away Chaffins was physically taken into custody and was taken back to the vehicle at the church.
At about this time church employees discovered evidence of burglary in the area Chaffins had been originally contacted. Chaffins was arrested for burglary. The vehicle, which did not have any license plates, was determined to have been stolen out of Palm Springs. Chaffins was in possession of the stolen vehicle's key and personal property linked Chaffins to the vehicle. Chaffins was taken to a local hospital for minor injuries which occurred during his arrest. One deputy sustained minor injuries but did not require treatment. Chaffins will be booked on charges of burglary, vehicle theft, possession of methamphetamines, possession of drug paraphernalia, possession of stolen property, resisting/delaying a peace officer, and committing a felony while out on bail.
Filed under Coachella Valley,Public Safety | permalink | November 16, 2013 at 03:17 PM | Comments (0)
November 15, 2013
Proposal For Trains To Las Vegas Dead
The X Train, which would have been a party train from Fullerton to Las Vegas has dropped plans to raise $100 million.
Also, DesertXpress, the proposed high speed train between Las Vegas and somewhere in the high desert died this past summer when the USDOT stopped reviewing a loan proposal for the project.
Filed under California,Travel | permalink | November 15, 2013 at 08:14 PM | Comments (0)
Balloon Chain
Balloon Chain is one of the simpler art projects at Burning Man, but its presence is nearly ubiquitous. It seems to be up there all the time, day and night, but really they probably take it down during high winds. It's been there every year I've gone to Burning Man. It's not the sort of art project where somebody rushes back into camp exclaiming "Did you see Balloon Chain, oh my god!" because, after all, you can pretty much see it from everywhere. I do recall in 2011 a big chunk of it broke loose and floated out into the desert, probably becoming MOOP somewhere. This caused some excitement. It's got a Facebook page.
Filed under Burning Man | permalink | November 15, 2013 at 07:22 PM | Comments (0)
DHS City Council Study Session, November 12, 2013
City Councilmember-elect Joe McKee sat at the table with the City Council and city staff, but he didn't have a name tag.
Public Comments
Todd McAnce said the city should focus on the city that exists and keep it clean and beautiful. No new taxes, "with the exception to the parcel tax equitable." He suggested a 40% wage cut for all city workers. He said the city is paying "two-million plus, as is." A 40% cut will save approximately $1.25 million, he said. "There is not going to be any less crime if police officers make less pay." He suggested setting up a "business-artist district where the permit process is not erroneous." "One low permit, process only. The businesses will generate traffic." He also suggested allowing coffee shops, bars and restaurants to offer entertainment without extra permits. There should be no unnecessary permit processes. "Don't sell out the city to dirty businesses like the fuel storage facilities." Hire volunteers and interns.
[If you are curious about the math, $1.25 million is 40% of $3.125 million.]
Larry Buchanan acknowledged the difficult position the City Council is in. He wanted to make a personal apology to Councilmembers Betts and Sanchez because he had thought they were wrong because he had read the budget and what they said contradicted the information in the budget. "I was wrong and I apologize," he said. He also apologized to Joe McKee. The information Mr. Buchanan had differed from the information they had. He said he wanted to make a real pitch for public safety. He moved here because the city has been cleaned up and made more safe. A lot of his friends advised against Desert Hot Springs, saying it was a "mess." "It turns out it was not a mess," he said. He went on to say that we are all here to help and the City Council should ask for our help if needed. He suggested the City Council needs to look at all of public safety, not just a little piece. Suppression of graffiti is really important.
Kip Anderson said he was very disappointed that we had to be here. He is a COP, a volunteer with the Police Department. He does not want to see the police cut. He could perhaps see a freeze on their salaries, but not a cut. "We need our police and we need them with good morale." "We need our top people to work with the city and to work together." He has seen the council having problems getting along and agreeing. We don't need that right now. He suggested COPs could help with Code Enforcement by spotting violations while patrolling the city. They could bring that information back to Code Enforcement officers to write up. COPs could follow up on Code Enforcement notices to see if there is compliance. All subsides that we don't really need should be cut. We need to bring more business into the city. He said some people like Walmart, some don't, "but people shop at Walmart." The city needs to do whatever it can to bring in Walmart. He said it would attract more business and money. He sees DHS residents shopping at the Palm Springs Walmart all the time. He doesn't like taxes, but he wants to keep the city safe and growing. He said we should take a look at some taxes.
Paul Miller has lived here since 1995. He has prayed for "you folks." He prayed that they have wisdom and peace. He prayed they set aside personal issues, if possible. He is volunteer for the police and to think that affecting the morale of the police would not affect crime in this city is naive. To think that cutting police services or heaping on additional responsibilities would not affect the crime rate and the image perception that would result... He recalled what it was like before this incarnation of the Police Department. He said if we want to return to the days of the Sheriff's Department then we should rename ourselves "Dodge City." He encouraged the City Council to do their due diligence. He prayed that we all have open minds, rather than name-calling. He said he wold pray during the meeting. "God grant you peace, grant you wisdom, especially wisdom that will amount to good decisions to be made. Amen."
Dean Gray has lived here for 14 years. Since November 2012 he said he had missed only one meeting of the Finance Committee. They discussed finances and there were no surprises. No one was shocked, but "you didn't do anything to change it." He said that Jan Pye and Yvonne Parks were probably really nice people to socialize with. He doesn't blame them "as a person." "We knew what the problems were and we didn't fix it." He asked if we were spending $3 million or $6 million or $5 million from reserves. He wasn't sure. At the first meeting of the Finance Committee in November 2012 he asked "How much are we paying people? We found out one week before the election." The public was cheated and lied to when we were in trouble. "That's unfair." He said we are blessed with a new City Council and a new Mayor. He looks forward to solving these problems.
Vincent Selekia has been living here about 1½ years, but "we all know we have a problem here with crime." He does a lot of volunteer work. He wanted to ask the City Council just one thing. "Please, whatever you do, don't begin with an option to get rid of the Police Department or to reduce the pay of our police." You get what you pay for. He said the council's first responsibility is to keep the public safe.
Judy Shea has lived here for 22 years doing non-profit work since 1997. She has seen some wonderful things happen in the last six years. She looked at Jeff Bowman's analysis of the parcel tax. She thinks that needs to be looked at. She believes we can all work together as volunteers. We need more volunteers. "Maintain the Police Department as it is. The worst thing we can do is to do anything to the Boys & Girls Club." She suggested approaching the Desert Healthcare Foundation for funding the Boys & Girls Club for the next five years. She has been on the Finance Committee with Dean Gray and their viewpoints are very different from each other. The people who come to the Senior Center are dependent on it for services, including a meals program. The holiday parade is going well with volunteers and donations. This community deserves more good stuff.
Financial Update
Interim City Manager Bob Adams said he was aware that the City Council and outside consultants, specifically Urban Futures, had been looking at finances. He doesn't know the full history of the Finance Committee, but it was in October that there was a joint meeting between the committee and City Council. Since that meeting the Finance Department has been working the auditors. At the November 5 council meeting Interim Finance Director Amy Aguer told the council that the ending balance for FY 2012-13 was $3.1 million, about a million less than what we had thought. Ms. Aguer has also determined that some of the revenue projections were optimistic. Staff has not yet taken a second look at all expenditures to be absolutely sure of the numbers, so they need to be studied more. The city has had a deficit budget for a number of years. We've been balancing it with reserves. At this pace we may be out of money before the end of this fiscal year (June 30, 2014). The property tax revenue from the county won't arrive until late December or early January. The second piece of that comes in late April or early May. Sales tax from the holiday season will come later and tourist season has just started and that will mean a rise in TOT receipts.
Interim Finance Director Amy Aguer said she started in July 2013. The auditors were here in the last week of October. She is still researching the city's capital improvement projects back to 2008-09 to make sure that revenues are matched up correctly so no money is taken from the General Fund erroneously. She has met with the department heads to try to determine what our actual revenues will be. Our expenditures need to be refined. She believes we can come up with the cost savings to keep the city going forward.
Mr. Adams said the list of 102 suggestions in the agenda packet was a "blue-sky type thing" where everybody's input was included. It's unfiltered. A bad idea might generate a good idea. He has been out of town for the last three weeks, so has no specific recommendations for the council. He said we have gone "in and out, in and out of having our own [police] force." "That's sort of chaotic. We need to stay with one decision and move forward." He sought out suggestions from all levels of staff. Not all of them have been costed out, but if the City Council is interested in specific items, they can be fleshed out with cost estimates. Action needs to be taken now.
Councilmember Adam Sanchez said we should have started this about a month ago. He asked for a timeline. "How soon do we need to start making some incremental decisions on services that we don't have the money for?" Mr. Adams made an analogy with an asteroid coming at the Earth. If you start early the asteroid has to be nudged only a little, but the longer you wait the more the asteroid needs to be moved. "We need to take some rather significant action in order to avoid the fiscal cliff that we're headed for." He said he believes there's some time if everyone works cooperatively. He said "first there's denial, then there's mistrust, then there's 'let me check those numbers for myself.'" Everybody needs to be educated and on the same page. The best way to do that is "sunshine," he said, meaning a meeting such as this one.
Mr. Sanchez asked if the next regular meeting of the City Council on November 19 would be a good time. Mr. Adams said it could be, but staff had only 1½ days to prepare the agenda for that meeting. Mr. Sanchez said "For sure, December third we have to get moving on this." Mr. Adams agreed and said that at staff level some things have already been done, citing the fact that Chief Singer has not filled some vacancies in the Police Department. With 34 authorized positions, only 29 are filled. Hiring is on hold.
Mr. Sanchez asked if $3 million is the goal for reductions. Mr. Adams said the number should be close to $4 million because that's the structural deficit (the amount by which expenditures exceed revenue). He doesn't believe that all has to be achieved in this fiscal year. If we can project that there will be cash on hand at the end of this fiscal year, then that will give us another fiscal year to continue the effort. Changes in salaries and benefits are "meet and confer" items, so they can't be done immediately. The legal procedure must be followed.
Mayor Parks suggested asking all outside vendors for a 10% reduction would save about $900,000. Mr. Adams said it would be more like $650,000 to $700,000. Attorney Quintanilla said he would be the first vendor to volunteer to do that [applause]. Mayor Parks went on to say that before the City Council asks any employee to take a cut, the council itself should cut its own allowances, specifically the auto allowance. Earlier she had recommended a 50% cut, which would amount to $19,000. In one month she carefully tracked every mile she drove and it came to just under $300 worth. The allowance has been $600. No council member did as many miles as she did, so she thought they could be cut to $250.
Mayor Parks said the city also needs to take a look at the leave situation. A starting employee gets 216 hours of annual leave which covers both vacation and sick time. At 40 hours a week, 216 hours is 5 weeks and 2 days. Employees can "buy out" [I think they mean something more like "cash out"] their unused leave twice a year. That comes to $250,000 to $300,000 twice a year. IOW, up to $600,000 per year. Mayor Parks said this needed to be looked at. She suggested splitting it into sick and vacation leave. In her experience a starting employee would get one week of vacation a year, gradually building up to 2, 3 and 4 weeks after several years.
Councilmember Betts asked about payment obligations that aren't being made. Mr. Adams said he thought we were current at the moment. Mr. Betts said he needed information on payments that the city is contractually obligated to make in addition to payroll. He said we have a $4 million to $7 million deficit with $13 million in revenue. "There's nothing like a crisis to bring around some changes that are definitely needed." He said a 10% cut isn't going to solve the problem. He said that the city could take action immediately on unrepresented employees. He said vacation leave should be use-it-or-lose-it. The council's mileage rate is just a drop in the bucket, he said. PERS just increased by two percentage points and the city picked that up, but we can't do that anymore. As for contracting out, he thinks that if private industry can do it, then city government can do it, too. "It's time for this City Hall to get lean." He said the council will begin working on this on November 19 or December 3. "The city can't suffer the services that the community is looking for just because we've got a very bloated, in my estimation, city hall salary structure."
He said "we have a distraction of staff time for a developer who wants to continue what to me is nothing more than starting up a sand and gravel quarry, a surface mine out in Skyborne development, and that's a huge distraction of time." A week ago "somebody was talking about staff doing cartwheels to accomodate this one developer and, I'm sorry, all hands on deck for solving this budget problem, not helping somebody get a sand and gravel quarry started up in a residential development again."
Mayor Parks asked staff to confirm their view that the existing budget had been too optimistic. Mr. Adams said "In general, yes," but then talked about a one-time sales tax payment of $450,000 that the city had been expecting, but the Board of Equalization ruled that we are not going to get that. OTOH, it had been too optimistic to expect some things this fiscal year that will not happen in this fiscal year.
Mr. Sanchez asked what we have in reserves. Ms. Aguer said that if the council made no cuts, the ending fund balance would be a negative $3.077 million, which is an impossible figure because you can't actually go below zero. Checks start bouncing.
Mr. Adams said the reserves are the rainy day fund and "it's been raining for 3 or 4 years now."
Mr. Matas said that Jason Simpson had outlined a 3 to 5 year projection showing that revenue would be down in this fiscal year. A year ago staff estimated revenues for this fiscal year, but now the Finance Director has found those projections to be wrong. He said the $450,000 was tax expected from the Sentinel power plant. The deal made by Assemblyman Perez and Assemblyman Benoit was that Desert Hot Springs would receive a $3 million fee and some sales tax. Now the Board of Equalization has ruled that the $450,000 is not going to paid to the city. The city needs to Mr. Perez and Mr. Benoit to see if this can be appealed.
Mr. Matas said our administrative fees had been reduced from about $1.2 million to about $800,000. The Economic Development consultant has 19 projects in the works. Those need to be evaluated to see how many of those could produce revenue this year. He cited Pierson Plaza as an example. He said the developer who is trying to restart his project (Skyborne) would bring some revenue to the city.
The Animal Control contract with the county gave the city a credit of $50,000/year over the next two years. Ms. Aguer said that needs to be factored into expenditures. Staff needs to go through expenditures for every department to find any savings. The cost of Code Enforcement has dropped too, and that still needs to be factored in. Mr. Matas pointed out that the expected revenue from Code Enforcement fines has been reduced and said that needs to be justified.
Ms. Aguer said the finance staff has been working overtime with the auditors and it wasn't until the end of October that she began to have a real "comfort level" with the numbers. Prior to that she didn't want to bring the council inaccurate information. There are still staff working on things that need to be cleaned up.
Mr. Matas said he would like to see projections into the next couple of years as well.
He said the city can't reduce police, period. It's ridiculous to even consider disbanding the Police Department. Keeping the staffing at the Police Department at 29 will save the city over $1 million in the next two years. We can't cut the fire services, either. The staffing costs last year for all employees, including all benefits, was about $9.4 million. You can't just cut 10% across the board. There are too many moving parts. Within the executive staff there are two contracts. Public Works is understaffed. Should the city cut off irrigation of the grass in the parks? Cathedral City did it once and they had more complaints about that than anything else. We need to continue to work with our economic development plan, pushing those future projects which will produce revenue.
Mr. Matas said the Desert Recreation District is another option. Desert Hot Springs is not within the district, but they can do an administrative annexation which could produce over $1 million for recreational programs which could help fund the pool and the Health & Wellness Center. He pointed out that Michael Busch offered suggestions in his Urban Futures report as well. Mr. Matas said he's not in favor of any more taxation. He said the city will find ways to produce revenue.
Mr. Betts thanked Mr. Adams and Ms. Aguer for "bringing us some reliable numbers." He thanked Mr. Busch for the early warning [applause - later Mr. Busch said it's the first time he's ever been applauded]. Mr. Betts said he didn't think this was the time to talk about brining in Desert Recreation District because that's another tax on the property tax bill. [Some scattered applause.]
Mayor Parks said she heard them clapping but asked how many wanted to lose public safety, "police on the street." Silence, no hands go up. Mr. Betts said "That's not the question." Mayor Parks responded that "It is the question." There's a disparity on who pays what on the parcel tax, she said. Some pay an exorbitant amount, some pay less, "and simple land owners are paying practically nothing." The playing field needs to be leveled with the parcel tax and this will generate a lot more money, but it will be fair and equal.
Mr. Betts said the proposal a few years back would have produced $350,000/year. He said developers [holding vacant land] pay $8 while the rest of us pay $240.
Mayor Parks asked Ms. Aguer to confirm that as of November 5 (election day) she had not told the council about her determination that projected revenues would be $2.7 million lower. She did so confirm.
Ms. Pye said that the adjusted budget for 2012-13 was received November 5. She agrees with Mr. Betts that now is not the time to discuss the Desert Recreation District because she thinks we should look at the public safety tax and make it more equitable. This is a higher priority because our community is growing. She asked Ms. Aguer what percentage of the General Fund goes to public safety. Ms. Aguer said she would need to calculate that percentage. Ms. Aguer public safety personnel take up about 85% of the personnel budget. The total public safety budget takes 67% of the General Fund budget. Ms. Pye said that if we don't make the public safety [parcel] tax more equitable, then public safety will consume an even larger percentage. She said she didn't think any employee's base salary should be cut because she thought it would encourage staff to leave and reduce both morale and efficiency.
She suggested putting furloughs on the incentives for two years, saying this would save the city about $1 million. She asked if it would be possible to have interns from the high school or a college handle the video of the city meetings. She also said the city should pursue selling 7 acres (estimated at $1.3 million to $1.6 million), which would only be one-time money, but it would give the city some breathing room this year. She said the city should more aggressively pursue business licenses because it's more fair if all businesses have their licenses.
Ms. Pye said she supports suggestion #29 which is to increase the assessment in County Service Area 152 to cover the actual cost of street sweeping. Otherwise, it should be eliminated. She supports suggestion #37, completing the user fee study. She asked when was the last time the city performed a utility audit (suggestion #38). Ms. Aquer said it was about four years ago. Staff is preparing an RFP for that. The contractor would be paid according to how much money the city saves on utilities as a result.
As for suggestion #40, closing Wardman Park pool and buildings, she said she could agree with closing the building and pool (depending on what happens with the Furbee Aquatic Center), but she doesn't want to close the "Cabot Building" in Wardman Park. The youth sports leagues meet there.
She does not support suggestion #47, reducing the hours of the Senior Center. The current hours are only 9 to 3, and some seniors are completely dependent on it, plus it offers a nutrition program.
Ms. Pye agrees with suggestion #51, consultants reducing their fees by 10%. She supports suggestion #53, recruiting college-level interns, but she said they should only be recruited to existing temporary positions. She also agreed with suggestion #62, increasing the number of salary steps. Suggestion #72 has to do with the fire inspection program. Since Desert Hot Springs is the guinea pig for the county's fire inspection program, we should get the county to pay for the start up costs. She supports suggestion #73, getting the county to cover $150,000/year of our fire costs for the next three years. The city would then repay the county over 10 years. She said the city is already meeting with the Desert Healthcare District and PSUSD to try to get more funding for the Health & Wellness Center from them.
Suggestion #81 is to decommission the police camera system. Ms. Pye asked Chief Singer to tell the council how effective the camera system is. If it's effective, then Ms. Pye wants to keep it running. She said suggestion #98 would not mean much money, but she supports it. #98 would require the city to bill private parties for clean up after they use city facilities. Suggestion #100 would have public works clean up vacant lots and then bill the owner, but the city first has to go through a legal process before being allowed to go on private property to do a clean up. Attorney Quintanilla said that was intended only for RDA properties. The city would be able to bill the successor agency for clean up of RDA lots.
Mr. Matas said we have to look out for the next fiscal year as well as the current one. He understands the Desert Recreation District would be a tax to be decided upon by the voters. Most cities pay $30 to $40 per household per year. It puts recreational programs in the community for all ages. It could be part of keeping the Health & Wellness Center open. He thinks the DRD should be discussed. He agrees with Ms. Pye's views on the Senior Center.
It's not just about public safety, quality of life, parks or roads. The council has hard decisions to make, he said.
Mr. Sanchez said he is glad the Mayor also wants to cut contracts by 10%. He asked Mr. Adams if that could be placed on the agenda. Mr. Adams said it could be placed on the agenda, but what they want to do is give staff the authorization to proceed with negotiations to get those 10% cuts. He said staff could come back with that pretty quickly.
Mr. Adams said that where he has seen consensus, he will bring those items to the council as soon as he can.
Mr. Betts said cuts in outside contracts should not be restricted to just 10%.
Mayor Parks said that during negotiations with staff, one item that must be considered is having the staff pay a greater share of their benefits.
Councilmember-elect Joe McKee was congratulated and invited to speak by Mayor Parks. He said the political season is over. The council has to work as a team of five. He thinks there is a mathematical problem. If all the government except police and fire were eliminated, there would still be a deficit. He said we have to be open to everything. He supports keeping the Police Department. He thinks they do a good job, but they have to look for some efficiencies. We don't want a Police Department with low morale. OTOH we have to be realistic. He would like to keep the Senior Center open, as well as the Health & Wellness Center. He would like to maintain the current funding level for police. But we can't. The city needs help from everyone. He encouraged those with suggestions, they need to put together a cadre of volunteers to help with some of the things that need to be done.
I was concerned that none of the council members mentioned "fiscal emergency," and was afraid that meant it wouldn't come up on the next agenda. It has, however, been placed on the agenda for the regular November 19 City Council meeting. It has already been noticed as a public hearing, but the City Council is not required to conduct the public hearing. A unanimous vote of all five council members is required to declare a fiscal emergency. A declaration of fiscal emergency would permit the city to propose taxes before the November 2015 elections and give the city power to revise its labor contracts.
Filed under Desert Hot Springs | permalink | November 15, 2013 at 05:25 PM | Comments (1)
Desert Hot Springs 50th Anniversary Celebration, Nov. 30
Celebrating the eras of California's Spa City, the Desert Hot Springs Chamber of Commerce along with the Community & Cultural Affairs Commission will host the City's 50th Anniversary celebration on Saturday, November 30, 2013. The festivities will take place from 11am to 3pm on Pierson Boulevard west of Palm Drive.This free family friendly event will feature live interactive "Decade Dancing" by Christy Lane Entertainment, live music, community partner and vendor tables decorated in themes from the 60s, 70s, 80s to current year, hands on interactive games with the Boys & Girls Club, face painting, popcorn, cotton candy, prizes and more!
Filed under Desert Hot Springs | permalink | November 15, 2013 at 09:05 AM | Comments (0)
November 14, 2013
0.3 Megapixel Camera For $65!?
Put four propellers on it and it's got to be the cheapest quadcopter with a built in camera - even though it is only 0.3MP. Somehow it records 720x480 video. The manufacturer (or their marketing firm) even says "we found that the quality of the video is not so bad, it really show details of your house roof, providing bright and crisp and smooth video, it's a very high quality camera."
Uses microSD; has a flight time of 7 to 8 minutes; charges by USB. Spare battery $8.
This video includes some shots from the camera. It's terrible!
| permalink | November 14, 2013 at 09:50 PM | Comments (0)
November 13, 2013
Recount
The Riverside County Leadership Forum says it will seek a recount in the Desert Hot Springs mayoral election. Adam Sanchez has been certified the winner with a 12 vote margin.
FRAUD ALLEGED: Riverside County Leadership Forum to demand recount in Desert Hot Springs Mayors race. Mayor Parks down by 12 votes. Opposing councilman's family members voted and are not city residents.
Filed under Desert Hot Springs | permalink | November 13, 2013 at 10:19 PM | Comments (0)
November 12, 2013
For Those Who Miss Rick Daniels
Rick Daniels interviewed by Zachary A. Lopez of Needles, California.
Rick is a tough guy. I know I couldn't go 13 minutes and 9 seconds without rolling my eyes.
Filed under Desert Hot Springs | permalink | November 12, 2013 at 11:20 PM | Comments (1)
Big Turnout For Today's Study Session
It was a record crowd, far exceeding the previous record that was set when the city considered enlarging the redevelopment area. Experts estimated 150 people managed to get inside the Carl May and we heard there were people who stayed outside, too.
I'll get tonight's study session of the Desert Hot Springs City Council written up in a few days, but if you want to listen to the audio recording it's available here for download (20.7 MB). The meeting lasted less than 90 minutes. I don't believe I heard the words "fiscal emergency."
Filed under Desert Hot Springs | permalink | November 12, 2013 at 10:37 PM | Comments (0)
DHS City Council Study Session, November 6, 2013
Skyborne developers are keeping an eye on the market and considering when they should start building homes again. It's my understanding that they expect that date to be sometime about 9 to 18 months away. There is a Development Agreement between them and the city. The city's zoning code requires the City Council to review all Development Agreements annually. Skyborne's has never been reviewed, so this is clearly something that needs to be done before they start anything. At the same time, staff saw that the City Council had never performed the annual reviews of either of the other two Development Agreements: Rancho Del Oro (originally Arroyo Vista) and Highland Falls. The Rancho Del Oro Development Agreement has expired, but they've got other issues the city still needs to deal with. So the plan was to bring all three Development Agreements before the City Council for a good, clear, business-like review. But nothing goes quite as planned.
The agenda was revised to move the Rancho Del Oro discussion to last because several council members had possible conflicts of interest there.
Highland Falls
Martín Magaña handled the staff report. This Development Agreement was approved in 2002 and will expire in 2028. The only change the city has made since 2002 was to reduce the bonds for grading from $1 million to $100,000 because the graded area had crusted over thoroughly and there was no dust to blow.
Highland Falls is the colored area in this aerial view. It's northwest from the intersection of Pierson and Highway 62. As you can see, a little less than one-half of it was graded. The line cutting off the corner at lower right is the Colorado River Aqueduct. Go here for the Google map.
It's 970 acres and was to have included 2,145 single-family homes, 1,342 multi-family units, a 500-room hotel of about 60,000 sq. ft., two golf courses, and retail. In June 2013 the project was purchased by The Walton Group.
The Development Agreement required them to have completed Phase I of their infrastructure in 2009 and by 2013 there was supposed to be one golf course and 200 homes. None of that was done, of course.
The Development Agreement was not filed with the county. It is the developer's responsibility to see that is done. Failure to record it does not invalidate the agreement. Other elements of the development, the tract map and the specific plan for example, are still valid. The Walton Group is planning to make changes in the plan, the most notable change being the elimination of one golf course. To make those changes the whole project has to come back before the Planning Commission.
Mr. Magaña said the Development Agreement included a force majeuree clause that allows the suspension of obligations. The unexpected severe collapse of the real estate market constitutes a force majeure. In addition the State of California has extended all development tract maps for 7 years during the recession.
Councilmember Betts asked if the Development Agreement required a traffic signal at Pierson and 62. Mr. Magaña said it does. Mayor Parks pointed out that this requirement is in the conditions of approval, not the Development Agreement. Mayor Pro Tem Matas asked if that was required at the time of building, saying there are three projects in that area. Mr. Betts said that as soon as one of the developments starts in that area, there will be so much traffic the signals will have to be installed immediately. Mr. Magaña answered "I would imagine so." Councilmember Pye pointed out that the requirements are listed on page 77 of the agenda packet. It says "At such time approximately one-third of the entire project, or one-half of the single-family residences, is built" then signals should be installed at Pierson and 62 "primarily" by the developer.
Mr. Betts asked if was "prior to occupancy." Ms. Pye said she was just reading what the Development Agreement said. Mr. Betts repeated his question if that was prior to first occupancy of the first home, or is it after 50% of the homes are built. Mr. Magaña said he would consider built to mean "issued a certificate of occupancy." Then Mr. Betts said "on the first home or all of them?" The answer in the text was "one-half." A simple one-half is 1,073 single-family homes. Mr. Magaña interpreted it as 300 homes. In either case, that threshold is much too high. It will be revised when it comes back to the Planning Commission. Mr. Magaña said the revisions to the project may require a new or supplemental EIR as well.
Mr. Betts asked if this Development Agreement was just going to go out the window. "Pretty much," was Mr. Magaña's answer. Mr. Betts asked why it was being discussed, as if he thought the status of this large pending project was none of the City Council's business. Mr. Magaña explained that the Development Agreement was in force. Mr. Betts said he saw no point in discussing it. Mayor Parks explained to him that the City Council needed to be aware of where the project stands right now.
Councilmember Sanchez asked why the grading bonds were reduced ot $100,000. Mr. Magaña said that it was because they weren't doing any more grading and a lot of natural vegetation has come back. The surface of the soil has been compacted. Mr. Betts said it's not blowing dust. He said that natural vegetation has not come back.
This is a photo I shot in 2009 of an area inside Highland Falls that had been graded .Click it to get the full size image and you will see that in addition to the creosote in the foreground there are other native plants growing in the background.
Mr. Betts acknowledged that there was some vegetation there, but wanted to define the terms. He defined "natural vegetation" as "virgin desert that hasn't been disturbed."
I suppose that when Mr. Betts uses a word it means just what he chooses it to mean - neither more nor less, but most people refer to virgin desert as "virgin desert," and most people would agree with the definition of "natural vegetation" as "vegetation that occurs spontaneously without regular management, maintenance or species introductions / removals, and that generally has a strong component of native species."
Mr. Magaña said he had been on the property and observed the condition of the soil and agreed that it is compacted.
Attorney Quintanilla summarized that nothing is going on with the Highland Falls development now, but if the owners come back and want to redesign the project they will need to amend the EIR, the General Plan amendment maybe, the Specific Plan amendment, the tentative tract map, and they may need a zone map amendment. Those would all go first to the Planning Commission before coming to the City Council. At that time the city could consider a new Development Agreement.
He went on to say that under the normal land use permitting process conditions of approval can be imposed only if there is a nexus between the condition and the impact of the development - for example, a traffic signal required because of the increase in traffic caused by the development. A Development Agreement, OTOH, provides assurance to the developer that the city won't change the rules on that developer in the future. In return the city gets to impose additional conditions that we wouldn't get otherwise; for example, a requirement to build a fire station.
Mr. Betts asked if the city could require a developer to build a fire station and pay to staff it. Attorney Quintanilla said the city would have to get the developer to agree to it, but yes it could be done. Mr. Quintanilla said some Development Agreements require the creation of a Community Facilities District that pays for the operation of police and fire.
Mr. Sanchez asked Mr. Magaña what the Walton Corporations thoughts are on when they will proceed. The answer was it's going to be about 18 months before they come back to the city with a new concept for the property. They will reduce the density of the plan and probably build only one golf course.
Skyborne
In 2004 the city approved the EIR, a General Plan amendment, a zoning map amendment, a Specific Plan, a tentative parcel map, and a vesting tentative tract map for Skyborne. The Development Agreement was approved in 2005. That Development Agreement was amended in 2006. In 2009 the City Council approved replacing bonds with a lien contract. The entire project is 604 acres and will have 2,140 single-family homes. Only 178 homes have been built. Skyborne Ventures LLC bought the property from DR Horton in September 2008. Skyborne Ventures has not built any homes. Grading has taken on some of the land outside of the built-up area, "but the natural vegetation has grown back and the soil appears to be stable." The developer is working to obtain permits to continue grading the area that has been characterized as a quarry or surface mine.
If the Development Agreement schedule had been followed there would 1,600 homes built and 900 more being built this year. The Development Agreement also has a force majeure clause.
The project is laid out in ten villages. Mr. Betts asked if there was phasing in each of the villages. Mr. Magaña said he didn't know, but the applicant was present for questions. Mr. Betts asked if the Development Agreement specified which order the villages would be developed in.
Mr. Magaña said that when development of the next village is to begin, a subdivision improvement agreement that would come to the City Council. Mr. Betts asked if the Development Agreement specified when these would be built "because they've mass graded the entire area." The answer was that the Development Agreement only specified the number of homes in each phase. Mr. Magaña said that the city can't expect a developer to build homes when there isn't a reasonable prospect of making a profit.
Mr. Betts said it is incumbent upon the developer to implement the force majeure clause. It's not automatic. They have to take steps. They have to give formal notice that they intend to take advantage of the force majeure clause. Then the City Council must decide if they agree. So no force majeure is in effect, he said. Then he repeated himself in entirety in explaining the force majeure process. He said the force majeure clause was irrelevant in this discussion. Mr. Magaña said in his opinion it was relevant. Mr. Betts asked Mr. Magaña if he was an attorney. Mr. Magaña said he was not, but that the force majeure clause specifically listed market conditions. He said he disagreed with the sequence laid out by Mr. Betts. Mr. Betts called on Mr. Quintanilla to describe the proper sequence to force majeure. "Is it just up to staff to make a determination that force majeure is now in effect?"
Here is the relevant clause which can be found on page 160 in the agenda packet:
11.11.2 The parties hereto expressly acknowledge and agree that significantly adverse changes in general economic conditions that, as demonstrated by Owner to the satisfaction of the City Council, prevent Owner from obtaining a commercially reasonable profit shall constitute a force majeure event.
Mr. Quintanilla read the above paragraph and said it means the City Council must agree before force majeure is in effect. Mr. Betts said that means a formal action is required.
Mr. Matas suggested they just ask the developer if they plan to invoke force majeure. Jim Kozak came to the table. He represents the developer. He said he met with City Manager Daniels in 2009 to discuss force majeure because of economic conditions. Mr. Daniels recommended that Skyborne not make a formal request because he wasn't sure how long the economic conditions would exist. Even though the economy has started coming back, he said it would be another 9 to 18 months before they could begin building new homes in Skyborne at a price within reason of the existing homes. There have been some recent sales there with prices of $170,000-$180,000 which they find encouraging. He said he had submitted reports to Mr. Magaña annually on the conditions of the project. Each report showed they had no economic activity occurring. These were a formal notification of the reality of the situation.
Mr. Betts said Mr. Kozak had confirmed there had been no specific action to implement force majeure and that they hadn't decided to do it. He went on to tell Mr. Kozak that Mr. Kozak agreed that a formal action is required for the force majeure clause to take effect. Mr. Kozak said he would have their attorney review it. He could not state a legal opinion himself. He said the opportunity still exists to invoke force majeure. Mr. Betts repeated that it had not been done and was questioning why so much attention was being given to it in the staff report. "I just didn't know why so much weight was given to it in the staff report."
Here is what was in the staff report on Skyborne in the agenda packet on the subject of force majeure:
The Development Agreement has a "force majeure" clause as well. It basically states that the changes in economic conditions constitute a force majeure which has delayed further construction of the site, and therefore cannot hold the developer responsible for meeting the performance schedule. The Development Agreement also states that in the event of a force majeure the term of the Agreement may be extended for the period of time that such event prevented continued performance. However, the extension should not be more than 5 years.
In addition to that Mr. Magaña said "The same as the last one, this one has the force majeure clause."
That's all the weight given to force majeure by staff. The greater part of the discussion of force majeure was by Mr. Betts and in response to his questions.
Mr. Betts went on to say that force majeure is not a valid discussion for this staff report. Mr. Magaña said he thinks force majeure is in effect due to market conditions. Mr. Betts interrupted him saying "I don't know why we need to go on and on and on about force majeure."
Mr. Betts asked Mr. Quintanilla for his opinion on force majeure. The attorney said that force majeure was not processed through the City Council. Mayor Parks asked what the point was to this discussion about force majeure. Mr. Quintanilla said that without force majeure there is an argument that the Development Agreement has expired.
Mayor Parks asked about the extensions of time made by the Governor. Mr. Quintanilla said that applies only to the maps. He suggested that a request from the developer to extend the Development Agreement based on force majeure should be considered by the City Council as soon as possible.
Ms. Pye asked if the process that would be followed is the one described in 6.3 of the Development Agreement (page 155 of the agenda packet).
6.3 Procedure.(a) During either a periodic review or a special review, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on Owner.
(b) Upon completion of a periodic review or a special review, the Planning Manager shall submit a report to the City Council setting forth the evidence concerning good faith compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue.
(c) If the City Council finds on the basis of substantial evidence that Owner has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded.
(d) If the City Council makes a preliminary finding that Owner has not complied in good faith with the terms and conditions of this Agreement, the Council may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 8.3 of this Agreement shall be given to Owner prior to or concurrent with, proceedings under Section 6.4 and Section 6.5.
Mr. Betts said this depends on whether the developer wants to invoke force majeure, and then defined force majeure as the developer wishing to stop all activity due to economic conditions. Mr. Betts said Skyborne is going to seek a grading permit which indicates economic activity. Mr. Quintanilla said the force majeure issue had to be resolved first before proceeding to consider the grading permit.
Mr. Betts then went on to explain the process of scheduling grading and reviews of that grading by engineers. He went on to say that we all wake up at 7 o'clock and hear "this beautiful sound of the housing market coming back." But residents must know they will have to tolerate that only for a while, a year or six months. Then he said they would hear some hammering and pretty soon he would hear children playing. That's what would be taking place on a grading plan, he said. But force majeure and proceeding ahead are two separate directions.
Mr. Quintanilla speculated that the developer's counsel may advise them to request the City Council to make a determination of force majeure retroactively. Then the later request for a grading permit will be based on a decision by the council that the Development Agreement is valid and the entitlements are still intact. But it's a two-step process he said. First a determination on force majeure, then after that on a grading permit.
Mr. Matas said the reason for this study session is so that the City Council knows the issues involved in the Development Agreement, so when the matter comes before them in a formal meeting the council will know the process and be able to vote. Mr. Betts said we didn't know if the developer would request force majeure. Mayor Parks agreed, but said the developer knows the situation and will consult with his attorney and then make a decision.
Mr. Betts said this did not satisfy the requirements of a review of a Development Agreement. He had asked staff for more information and was advised there was not time to get it for this meeting. Mr. Quintanilla said he thought the direction the council should consider is to direct staff to discuss the force majeure issue with the developer and to come back with further information as deemed necessary by the council to allow them to make a decision as to whether the developer is in compliance with the Development Agreement.
Mayor Parks suggested that be brought to the meeting on November 19. Mr. Betts said that another study session would be needed to review the Development Agreement. He then explained that if the developer wanted to change anything in the Development Agreement then it would have to come before the Planning Commission and the public would have to be allowed to give their opinions on the matter. Mr. Quintanilla agreed that any changes have to go back through the Planning Commission and City Council. Mr. Betts explained some economic factors that could be weighed by a developer such as the cost of a door, plate height, lot size.
Mr. Quintanilla asked the council if their consensus was to do as he had suggested. Mr. Betts said the council didn't know what the developer wants to do. Mr. Quintanilla and Mayor Parks said that at this point the developer is proposing no changes. Mayor Parks said a force majeure decision would apply only to the original Development Agreement, which would then stay in effect until the developer comes to the city to ask for changes. At that time the request would go through the full planning process. Mr. Betts said times have changed. "All I saw in the staff report was a couple of pages of force majeure discussion which is like 'What is this here for?' It doesn't fit. The time we spent on force majeure I didn't see any of my questions answered."
Of course, it was Mr. Betts who led the discussion on force majeure. In the 178 page agenda packet there were four sentences on Skyborne's force majeure clause, aside from the content of the Development Agreement itself.
Mr. Kozak informally described the direction Skyborne is considering: first a request for force majeure, the Development Agreement allows for a 5-year period, but the economic downturn has lasted longer than five years, so Skyborne might suggest going back five years and toll the time in terms of the performance schedule of home construction, they may ask for more time than five years. Some municipalities have used a 7-year period to match the time of the map extensions provided by the Governor. There are still 216 finished lots at Skyborne where homes will be constructed. Due to continued good pricing they may choose to do grading on other parts of the project so those areas can be sequenced after the 216 lots are built up. They may want include some additional product types. He acknowledged that would require a Specific Plan amendment and take that through the Planning Commission and City Council. There are recorded maps on villages 3 and 10, so those will probably not be changed, but they may consider changes in other areas.
Mr. Betts said the force majeure process didn't allow the City Council to pick and choose. He has a problem with a retroactive force majeure. He repeated that force majeure must come to the City Council for discussion and public input. He explained the downside to the grading process: dust and noise. The duration of that must be minimized. He explained that Highland Falls and Tuscan Hills are stalled and said we don't want those green fences to be their forever. "Not be bring up a sore subject," he said as he brought up a sore subject, "Thank God, Palmwood got stopped before we had another graded mess up there." He repeated that force majeure does not allow the city to pick and choose. Either all activity must be stopped or they must proceed according to the Development Agreement. Mr. Kozak said Skyborne does have CC&Rs signed by each homebuyer that disclose that construction will be continuing in Skyborne for some time, so the downsides to construction are to be expected.
Mr. Betts said the CC&Rs apply to the homes within the subdivision, "but you also have many homes that abut your property ... that are just private residents out there who have put up with a lot." Mr. Kozak said that's about seven homes in what they call the "keyhole area." Mr. Betts said the whole Western Avenue area is downwind from Skyborne. He said he was getting calls from people out there while this was still a DR Horton project. "It stripped the paint off of my car chasing down all the dust clouds," Mr. Betts said.
Mr. Matas said the City Council had nothing to refer to because these have been unforeseen times. Every economist has said this is something new and the city has to work with developers to make sure projects are reviewed right. "All the residents need to be listened to also." He said it sounded like Mr. Betts is trying to put up more roadblocks. Mr. Betts said that was an unfair characterization. Mr. Betts began to explain his point; Mr. Matas asked to be allowed to continue to make his point, but Mr. Betts continued to speak over him. Mr. Matas said the City Council should get this project in front of them for a review and should review the other projects. When housing prices reach $100/square foot developers will begin to build again. The city needs to be prepared for that and Skyborne will be the guinea pig.
Ms. Pye said that while Skyborne has been reporting to staff on an annual basis including a report on the status of the economy, staff has not been bringing those reports forward to the City Council for their review. Mr. Betts said he didn't see where she was going. Ms. Pye explained that Skyborne did what they were supposed to do, but the city didn't do what it was supposed to do. She agreed with the attorney that the City Council must assure that all parties are in compliance with the Development Agreement.
Mr. Betts said he thinks the meeting where they review the Skyborne Development Agreement will be a long one. He suggested another study session first.
Mr. Betts said there was a road that was supposed to be paved all the way to Indian. Former City Manager Jerry Hanson had property along there. There was supposed to be a $600,000 contribution toward the paving of Indian "from the project all the way down." He said the payments were to be made in installments. Mayor Parks asked Mr. Betts when he moved here. "I don't know. What's that got to with anything?" Mr. Betts wondered if the $600,000 had been paid. Ms. Pye said $400,000 had been paid. Mr. Betts said there's $200,000 that is way past due.
The Development Agreement says the $600,000 is for improvements to Pierson Boulevard. The $200,000 installments were to be paid every other year, the last one being on the sixth anniversary of the Development Agreement which would put it in January 2011.
The attorney listed some of the items in section 4 of the Development Agreement, where the $600,000 contribution is listed. One of the items is Karen Park. Mr. Betts grabbed hold of that saying that the City had agreed to wait on that, but now Well 34 has been put "right in the middle of where Karen Park is supposed to be."
The water district board had a discussion about these wells in April 2011 and some maps were handed out.
Here's an old DR Horton plan for Skyborne. Click it for a larger version and you'll be able to find "Community Park" identified on Karen Avenue just north of the fire station. Click here for a water district map that shows Skyborne in red. The type is very small, but indicates that Well 34 is the one at the extreme northern end of Karen Avenue at 10th Avenue, as seen in this Google satellite view.
This view shows Well 35 which is the one in what was designated for Karen Park. A disagreement between Mr. Matas and Mr. Betts as to whether this was "in the middle" or off on on side of the Karen Park site. I think it's not in the middle.
Mr. Betts said that Mr. Daniels had suggested the park could just be moved 100 feet or 300 feet down the road. When Mr. Matas disagreed, saying it was not in the middle, Mr. Betts insisted it was "right in the middle of the park. It takes up a whole ball field that's supposed to be there." Does a change of that plan have to go back to the Planning Commission, Mr. Betts asked. "There's a lot of issues that have to be dealt with." It's fine with him if the City Council does it, "but I need staff to cooperate to provide me the information and the answer I got back was there just wasn't time to get it."
Mr. Kozak said his understanding of the park is that it is required to be 5 acres. He said a 5 acre park can be delivered that includes the necessary ball fields even with the well located where it is.
Mr. Betts said the characterization that there's been no work out there is ridiculous. There's been mass-grading. You can see road cuts.
I hadn't heard anyone at this meeting claim there had been no work done "out there."
Mr. Betts said the wider area of Promenade near the fire station is intended for parking for the park. "I don't agree with you that it just says 'I can build a park anywhere I want.'"
No one had claimed the agreement said "I can build a park anywhere I want." Here's what the Development Agreement says about Karen Park:
(a) Karen Street Park. Owner shall contribute the 5-acre site identified in the conditions of approval incorporated in the Development Plan, and improve said site in the manner also described in the conditions of approval incorporated in the Development Plan or as otherwise approved by the City Manager at a total cost not to exceed $1,200,000, not including land value. Owner shall complete construction on Karen Street Park before date that Certificate of Occupancy for the first residential unit is issued.
That last sentence has been changed since the original agreement. The conditions of approval which may describe exactly where the park is supposed to go are in a separate document that was not included in the packet for this meeting.
Mr. Betts said the wells didn't meet the requirements of Mission Springs Water District. Mr. Kozak disagreed with some of the specifics and Mr. Betts acknowledged that Skyborne and MSWD had worked out a later agreement. Mayor Parks interrupted to try to say something, but Mr. Betts raised his voice and directed the conversation at her, saying that if she wanted to gloss over these significant issues... Mayor Parks said they couldn't be determined. Mr. Betts said that was exactly his point. Mayor Parks explained she interrupted because she had a suggestion. She suggested another study session one week later. Mr. Betts said that was not enough time for staff. Mayor Parks asked Mr. Magaña if he could prepare in a week. Mr. Magaña said the majority of the material was already together. Mr. Betts interrupted to ask "Why didn't I have it tonight?" Mr. Magaña said it had been presented before, referring to the park. Mr. Betts said it had not. Even though Mr. Daniels said he had given it to Mr. Betts, Mr. Betts said he never got anything. "You guys are crazy," Mr. Betts added.
Mr. Sanchez had said he had some questions and now insisted on speaking. Words were exchanged between Mr. Matas and Mr. Sanchez and Mayor Parks called for a recess.
After the recess Mr. Sanchez asked Mr. Quintanilla if the city was in such a crisis that dates had to be set right away to resolve this issue. The attorney answered "Not that I'm aware of," and went on to explain that the reason this came up was because an issue came up with Skyborne and he found out there was a Development Agreement and no annual reviews had been done, so he recommended they be done as soon as possible. Mr. Sanchez addressed the Mayor, saying there was no reason to rush this. Staff is busy and councilmembers are asking for information that will require staff time to assemble. Mayor Parks said it was Mr. Betts who wanted another study session. Mr. Betts countered that he didn't want it next week.
Mr. Matas said he had had most of his questions answered. If Mr. Betts has questions, he could go directly to staff or the developer, he said.
Mr. Betts said staff issued an unauthorized mass grading permit that was used to go to the state board of mining and geology. Mr. Matas said he mischaracterized it. Mr. Betts said that's one of the issues that would be examined. He said the mass grading permit must come back to the council.
Mayor Parks said Mr. Betts should be prepared for the meeting of November 19. He should have his questions ready and try to get staff to answer them in advance. Mr. Betts said he's prepared, but it's staff that is not prepared. He said the council is rushing staff and he doesn't know the reason.
Mr. Matas said that Mr. Betts doesn't accept the answers he's given. As an example, he said that Mr. Kozak had said they would still deliver a 5-acre park as required by the Development Agreement despite the well. Mr. Betts said Mr. Kozak is wrong. "He has to move the well." Mr. Matas said that if Skyborne could deliver a 5-acre park on Karen Avenue, that would satisfy him. Mr. Betts said that if the park had to be moved due to the presence of the well, it would have to go back before the Planning Commission. He said "We have a process up here that we are obligated to follow. It is not just our choice to just throw that process in the air to accomodate a developer." Mr. Matas denied saying that. Mayor Parks laughed and told Mr. Betts not to be so dramatic.
Mr. Betts agreed that Skyborne could deliver a 5-acre park.
Mr. Quintanilla read from the Development Agreement that description of the park that I quoted above, placing emphasis on "or as otherwise approved by the City Manager." He said that this will be one of the issues examined when this comes back. They'll look at the Development Plan and see if the City Manager approved any changes.
Mr. Kozak cited a letter from the City Manager to DR Horton before Skyborne changed ownership that said the due date for the park is no later "than the date of issuance of the first certificate of occupancy for any unit in villages other than 1 or 2." He said that means Karen Park is a non-issue until Skyborne gets a certificate of occupancy outside of villages 1 or 2. It's nothing that needs to be decided today.
Mr. Betts asked what would be considered on November 19. Mr. Kozak said possibly they would have a force majeure request or they may request issuance of a grading permit. That would be for villages 8 and 9.
Mr. Sanchez asked how many homes were left to build in phase 1. The answer is 122. Mr. Sanchez asked if he foresaw the park coming in 2 to 3 years. Mr. Kozak said probably so. Mr. Sanchez asked why the well was put there when there already was another well. He said an agreement between MSWD and DR Horton required a second well.
Ms. Pye said in response to the question of why the rush, is that Mr. Kozak has been waiting for City Council approval since he requested a grading permit in July. The city required that Skyborne be bonded for that grading as well as the company doing the grading. The attorney's examination of that issue was what led him to the discovery of the unreviewed Development Agreement. So, Ms. Pye explained, it may appear to be a rush to the City Council, but Skyborne has been waiting since July.
The conclusion was to make this an action item at the regular council meeting on the 19th - no additional study session.
Mr. Betts asked how far in advance notice of the public hearing must be issued. The answer is 10 days. Mr. Magaña said the notices to property owners would be mailed out the next day and the published notice in the paper would appear on Saturday.
Rancho Del Oro
Mr. Betts owns property in Rancho Del Oro, Mr. Matas leases property in Rancho Del Oro, and Mr. Sanchez chose to recuse himself because he lives next to Rancho Del Oro although he is farther than 500 feet from Rancho Del Oro. Attorney Quintanilla brought up an exception that I hadn't heard of before. If a council member has a month-to-month rental situation, then it is NOT considered a conflict of interest. A lease longer than a month, however, still conflicts. Straws were drawn and Mr. Sanchez got the short straw, so he stayed. Mr. Betts and Mr. Matas left the meeting.
The Rancho Del Oro Development Agreement, the city's first, was approved in July 1992. It was originally called "Arroyo Vista." The original development was to have included the area north of Avenida Jalisco where the middle and elementary schools are located now. The Development Agreement had no performance schedule, but the developer was required to create the assessment districts which would have maintained the perimeter landscaping and retention basins. However, the city has been doing that without an assessment district.
Mayor Parks said that since this was the city's first development, city staff didn't know how to do anything and lot of stuff fell through the cracks.
The wash was deeded to the city to be used as a park. Mayor Parks said the city has been "good guys" by taking care of the perimeter landscaping for years. Someone in the audience said "Mayor Pisha said the city would take care of it."
Mr. Magaña said that in addition to setting up an assessment district to pay for landscaping, the developer was required to contribute toward a traffic light at West and Mission Lakes, which he did not.
Steve Sobotta, a resident of Rancho Del Oro, said it was the city's error that it approved the Development Agreement and final map before an assessment district had been set up. He believed the only legal way to handle this now is to put to a vote of the residents. He suggested that the residents could be offered a choice of three levels to vote on: minimal, medium and full-Cadillac.
Karen Pacheco, a resident of Rancho Del Oro, said her understanding was the city dropped the ball.
John Ruggs, a Rancho Del Oro resident, said he has lived there for two years. He asked if the city has been picking up the tab for the irrigation. He wondered if the school district could pick up some of the expense of the landscaping.
Steve Sobotta said that an analysis by Webb Associates determined that an assessment district for landscaping would cost $32-$37 per month per home. That's $384 to $444 per year. Mayor Parks observed "That's a lot," adding that she pays a couple hundred dollars year where she lives.
Herb Moen, a long time resident of Rancho Del Oro, said he had real problems with the staff report. He said the city owns everything on the west side of West, and everything from the east lane of Cholla over to the west side of the wash, and everything along Mission Lakes Boulevard up to a line about 11 feet from the wall. The line of trees along Mission Lakes are on city property. They are all 12½ to 13 feet from the wall. He said he met with City Manager Daniels last November to review the whole situation. Several times they have been promised the matter would come before the full council. Finally, the city decided to accept the streets that it had been maintaining all these years. But the landscape issue remains unresolved.
Mr. Magaña suggested that staff sit down with some of the Rancho Del Oro residents and try to resolve conflicting information about the landscape perimeter. He said the county map shows the perimeter is owned by the "successors." Mr. Moen insisted that the land is owned by Sandberg. He said no property owner in Rancho Del Oro was granted an easement over any of those areas. Residents are trimming bushes along Cholla.
Mary Isabelle, a resident of Rancho Del Oro, said there are two dead trees along Mission Lakes that are on city property and she wants the city to cut them down. She asked for realistic numbers for an assessment district.
Rudy Acosta said that Webb Associates could re-evaluate the expense of a landscape assessment district by considering lower cost vegetation.
Mr. Sanchez asked if the tract map was actually recorded. The answer was yes. The tract map expired and Mr. Sanchez wanted to know if we had proof of that. The answer was yes.
Mayor Parks asked the Rancho Del Oro residents in attendance if they would select some people to form an ad hoc committee that would meet with city staff.
Mrs. Moen asked the city to continue to maintain the landscaping as it has until the matter is resolved. Mr. Acosta said the city has been and will continue to do so.
Filed under Desert Hot Springs | permalink | November 12, 2013 at 01:20 PM | Comments (2)
Several Shots Rang Out
CITY OF DESERT HOT SPRINGS POLICE DEPARTMENTPRESS RELEASE
INCIDENT: Vehicle pursuit
DATE/TIME OF INCIDENT: Nov 12, 2013, 0327 hours
SUSPECT: Carey, Kenneth 09/08/1985, Male Black, 6-1/187, Black/Brown, Address: 66358 7th Street, DHS
CHARGES:
- CVC 2800.2 (Evading a Peace Officer Reckless Driving),
- PC 243.3 (Battery "of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or against a schoolbus driver, or against the person of a station agent or ticket agent for the entity providing the transportation"),
- PC 26350 (Openly carrying an unloaded handgun).
STATUS: In Custody, Riverside County Jail.
NARRATIVE
While Desert Hot Springs Officers were on patrol, several shots rang out in the 66300 Block of 7th Street. Officers saw a vehicle fleeing the area at a high rate of speed and when they attempted to stop it a vehicle pursuit ensued. The pursuit took place in the east part of city lasting several minutes. During the pursuit the suspect discarded the firearm which was later recovered. The vehicle ultimately drove over a spike strip and the pursuit terminated at the intersection of Dillon Road and Mountain View Avenue where the suspect was arrested without incident.
Filed under Desert Hot Springs | permalink | November 12, 2013 at 09:15 AM | Comments (0)
