Principles not Politics

 Ron Paul and Ralph Nader teamed up and spoke out against the political machine because they knew policy was more important than politics.

Donna Fry and Carl Demaio even teamed up because they realized the city needed them to put policy before personal gains, and the gains of campaign donors.

Would Carl Demaio be tarred and feathered by the Encinitas City Council if he posted something like this to SDROSTRA?

The debate is now a question of pension reform light versus pension reform right. The Mayor said just a year ago that the pension system was already fixed. Now he’s admitting that there is still a problem and asking us to put another cosmetic band-aide on it. Enough is enough. We need a system that provides city employees with benefits that are no better, and no worse, than what the average San Diego taxpayer footing the bill receives.

The Mayor’s proposal will only PROLONG the current pension crisis by…

• Keeping the current pension benefits in place for all current employees
• Exempting half of all new hires from the defined contribution program
• Allowing pension “spiking” to continue by using bonus-type pays to calculate life-long pension benefits.
• Failing to require city employees to pay their fair share (50%) of the cost of pension benefits.

I’ve joined with a coalition of taxpayer and business to offer a real solution. Our ballot measure will SOLVE the pension crisis by…

• Reforming pensions for current employees AND new hires.
• Placing ALL new hires in the 401K system.
• Ending pension spiking by requiring that pensions be calculated using base salaries only, not bonus-type payouts.
• Requiring city employees to pay their fair share of the pension costs: 50%

There is no Carl Demaio in Encinitas. Compare Carl to Jerome Stocks who was happy to give long-term retroactive massive compensations raises to his friends and staff and the council majority who were afraid to discuss mild pension reform publicly before conferring with the staff bargaining units, behind closed doors.

Buyer's Delight: 1920 Paxton

Special location west of I-5 in Olde Leucadia, end of cul-de-sac in Nantucket neighborhood. Large, semi custom 2 story home with numerous upgrades, meticulous in details and adaptable to many lifestyles. 5 bedrooms with bathrooms en suite. True gourmet kitchen with stainless KitchenAid appliances and granite island open to Family room and breakfast nook. Artfully designed courtyard with water feature, fire pit, solar heated pool, built in BBQ and dining bar. Click to View Virtual Tour

Current Sticker Price $1.7 Million.

As of yesterday, the selling agent has no idea if anyone ever did the second set of surface soils tests that the city's own consultant recommended. 

The first buyers must have asked for the testing. They must have. You would think that before buying a home for over $2 million dollars they would make sure the soils were clean. The buyers might not have known of the soil problems, but all the local RE agents who do their homework should have known. It would not have been difficult to identify the problem and a remedy to the concern before closing the deal. The only time you don't collect the data is when you don't want to know the answer.


The tough problem now is, what to do if the soils are still contaminated. You can't do what the city is making developers do,  now that the public knows they can't trust the city to do the right thing.

Here is the Zillow history for 1920 Paxton.

Train Track Cops hassling locals today

If you live east of the tracks don't try to walk to your local small businesses because the Kooky Train Kops are out today.

CEQA Needs More Muscle (in some places)?

CEQA can use a little strength in places like where it addresses protecting public health. CEQA could use a little help in places like Encinitas.

A few years ago politically connected developers purchased some land in Leucadia and subdivided and built homes on it. The land was ex-greenhouse property. Growers around here used some pretty intense insecticides and soils around these operations have been found to be contaminated. The neighbors of the subdivision, including several technical experts, reviewed the subdivisions studies and found the city's actions lacking (and the city's consultant agreed).

EXCERPTS

09/19/2005 10:13 AM
to "Peter Cota-Robles"
cc"Greg Shields", "James Knowlton", "Masih Maher"
, "Patrick Murphy"

Peter Cota-Robles, P.E.
Director of Engineering Services
City of Encinitas


Subject: Potential Health Risk at Encinitas Tract 03-009, Barrett at Sheridan and Andrew

This letter is a request to evaluate potential health risks from soils that are potentially contaminated with greenhouse agricultural chemicals in Tract 03-009.

Tract 03-009, and the adjacent site, were excavated down approximately 2’
feet below grade. Approximately 8000 cubic yards were cut from the adjacent site and moved to 03-009 to make the final pad heights. There was no soil testing for agricultural chemicals below grade on either site.

Various reports from Leighton and Gradient document soils testing to a depth of 0” to 6”, find contaminants less than EPA limits, and conclude that these findings are similar to other studies where no significant sub su! rface contamination was found. No documentation of nega! tive su b surface soil test reports or literature searches for similar applications were provided to substantiate the conclusion.

The City’s soil consultant challenged the soil report conclusions as unacceptable, and determined that representative sub surface soil tests were needed to assure that there are no health risks from agricultural chemicals at this site, e.g., soil testing for agricultural chemicals is needed to assure that this project meets the standards of the City of Encinitas and that there is no possibility of worker, resident and neighbor exposure to hazardous materials.

Would you please assure that representative soil testing of Tract 03-009 is part of the final grading inspection. I suggest sampling at six sites on the surface, and at 1’ and 2’ below finished pad height.

Thank you, Michael Schwaebe

After a month of complete silence and follow up request for a response:

"Peter Cota-Robles"
To Michael Schwaebe
10/25/2005 05:27 PM
cc "Greg Shields"
Subject Re: Potential Health Risk at Encinitas Tract 03-009, Barrett at SheridanandAndrew



Michael - Greg has informed Barratt that soils testing will be required on all lots prior rough grading sign-off and release for construction of the housing. Greg can provide you more detail if needed. - Peter

Peter Cota-Robles
Director of Engineering Services
City of Encinitas
505 S. Vulcan Avenue
Encinitas, CA 92024
760-633-2770

Read the whole thing here.

According to Michael Schwaebe the testing for soil contamination NEVER happened. This delayed respond by the city engineering department was a successful effort to keep Schwaebe from making an issue of the soils. Schwaebe went back to his life only to find out later that the testing did not happen. I wonder how often citizens get hoodwinked.

One week ago Kevin C sent an email to Greg Shields in the Depatment of Engineering to find out if they would like to comment on Schwaebe's assertion. The engineering department did not respond.

Since the Barratt project and the Hall park process, citizens have begun to realize that our city's unique soils contamination problem was being brushed  off by the city . CITIZENS have pressed hard on the city to change its practices.  Notice which council members called those citizens names for bringing up problems their own consultants agreed with.

Contrast what happened at the Barratt development to what happened at the new Hymettus project (see photos below).

The developer spent weeks digging a giant hole. They pushed the surface soil to the bottom and covered it up. It is expensive.

Most people in the public just assume that their government is watching out for them. In some places that is true. Fortunately, there were a group of people in Encinitas who knew it wasn't always true in Encinitas

LTC about the LNA

From the LTC,

To all dog lovers:


The Leucadia Neighbors Association is inviting suggestions for ways Leucadia can be more accommodating for dogs and their human companions. The group is also inviting comment on whether to include dog stations along Highway 101 and Neptune Ave and at the Beacon's Beach Parking lot as part of Greenscape, Leucadia Neighbors proposed alternative to the Streetscape project.

Comments can be posted at the Leucadia Neighbors website, www.leucadians.com.

An open discussion of Leucadia challenges and opportunities will be held Monday, March 28, 6pm-7:30pm at the Encinitas Library. Leucadia residents are encouraged to participate.

For information and meeting reservations: www.leucadians.com

Jerome Stocks Expected to Recover from Gullibility Virus

Did Jerome bring up the topic of American oil reserves the last time he drove his wife's electric car to  a drum circle at a community garden to protest the pumping of fossil fuels for the production of plastic bags?

 

Excerpts from JS's blog:

I got this email earlier today, just after I drove my all electric Nissan Leaf past a bunch of gas stations advertising $4.00+ prices for a gallon of gasoline. As a side note, based on miles per Kwh and the price of electricity, I’m paying the energy equivalent of about 20 cents per gallon driving the Leaf… But back to the email below… I clicked on the various USGS links, and if this isn’t true, it’s a fantastically well done bit of fraud: Please read on…


The Bakken is the largest domestic oil discovery since Alaska ‘s Prudhoe Bay , and has the potential to eliminate all American dependence on foreign oil. The Energy Information Administration (EIA) estimates it at 503 billion barrels. Even if just 10% of the oil is recoverable… at $107 a barrel, we’re looking at a resource base worth more than $5…3 trillion.

“When I first briefed legislators on this, you could practically see their jaws hit the floor. They had no idea..” says Terry Johnson, the Montana Legislature’s financial analyst...

However, a recent technological breakthrough has opened up the Bakken’s massive reserves….. and we now have access of up to 500 billion barrels.  And because this is light, sweet oil, those billions of barrels will cost Americans just $16 PER BARREL!
That’s enough crude to fully fuel the American economy for 2041 years straight...


They reported this stunning news:  We have more oil inside our borders, than all the other proven reserves on earth.. Here are the official estimates:  – 8-times as much oil as Saudi Arabia
- 18-times as much oil as Iraq
- 21-times as much oil as Kuwait
- 22-times as much oil as Iran
- 500-times as much oil as Yemen
- and it’s all right here in the Western United States.
HOW can this BE? HOW can we NOT BE extracting this? Because the environmentalists and others have blocked all efforts to help America become independent of foreign oil! Again, we are letting a small group of people dictate our lives and our economy…..WHY?...

Don’t think ‘OPEC’ will drop its price – even with this find?  Think again!  It’s all about the competitive marketplace, – it has to. Think OPEC just might be funding the environmentalists?

Got your attention yet?  Now, while you’re thinking about it, do this: Pass this along.   If you don’t take a little time to do this, then you should stifle yourself the next time you complain about gas prices – by doing NOTHING, you forfeit your right to complain. Now I just wonder what would happen in this country if every one of you sent this to every one in your address book.

Read JS's full post and comments here.

Bloggers thoughts: Is it personal actions like driving a Leaf, confessing your environmental sins, supporting trendy green causes that feel good, labeling fun hobbies sustainable, participating in drum circles, selling all your automobiles, or lobbying hard for policies that have a long-term end game that gives our grandchildren a better world than our parents', that matters? Does Jerome advocate for end game policies? Does anyone?

Seeing how Jerome rarely blogs about the City of Encinitas, maybe he will write something about CEQA.

CEQA to be Improved

From the Inbox:

Exploiting the hardships caused by the economic climate and the state budget crisis, special interests are redoubling their efforts to pass legislation that would dismantle the Golden State’s premiere environmental law, the California Environmental Quality Act (CEQA). 

Individuals and organizations concerned about the public’s health and well-being, the environment and good government must push back this dangerous new wave of attacks on CEQA. 

The GOP Five are holding the budget hostage, demanding major concessions to CEQA that weaken the environmental and public health protections.  Governor Brown thinks a good environment is a luxury of the rich and now that California is broke we can't afford it anymore.

In February, Senator Canella introduced SB 241—a measure that would allow 125 projects to receive immunity from CEQA.  Now he is working as part of the GOP Five on a more sweeping proposal attempting to attack CEQA from all angles.

Get a message to Governor Brown TODAY -- Email, write or call Speaker Perez and Governor Brown to oppose measures that rollback the public health and environmental protections in CEQA. Use the sample letter below for your message.

Speaker John Perez: 916-319-2046 fax 916-319-2146 or speaker.perez@assembly.ca.gov
Governor Jerry Brown:  916-445-2841 fax 916-558-3160 or http://gov.ca.gov/m_contact.php

Email, write or call your state representatives, urging them to oppose bill SB 241 (Canella) and similar proposals.  Let them know why CEQA is important to the health & well-being of their constituents; if possible, mention a development in their district that was improved by CEQA and/or one that runs the risk of being added to the list of 125 projects exempted from CEQA.  A sample letter is provided below.

To find the name & contact information for your Assembly member and Senator go to the following website; search by address or zip code.  You may have to call their district offices for email addresses.   http://www.legislature.ca.gov/legislators_and_districts/legislators/your_legislator.html.

For examples of how Californians have benefited from CEQA go to: calheroes.com

Write a letter to your local newspaper.  Let readers know why CEQA should not be weakened.

Educate and mobilize your friends, family and organizations to take action.  Distribute this action alert to your network.  Individuals and groups that are concerned about your community’s well being should be motivated to defend CEQA.

For more information or to receive regular updates about this campaign contact: Jena Price with the Planning and Conservation League at jprice@pcl.org or 916-313-4508.

 Jennifer Cannon

The Leucadia Blog loves to get email from tree huggers.

Update II: City Manager Retirement

Gaspar responded, and forwards this from the city's human resources department through the city manager's office.

We cannot have a different/individual tier of CalPERS benefits for just the City Manager.

CalPERS does not work with local agency retirement benefits based on individual employees.  From the perspective of CalPERS, the Encinitas City Manager is just one more employee in the City’s group or class of miscellaneous employees.  All of the City’s group or class of miscellaneous employees have the same local agency “contract for benefits” with CalPERS.  The local agency cannot offer one miscellaneous employee a different (more generous or less generous) CalPERS retirement formula than the whole group or class.

There may be options available if City Council wants to offer more generous retirement benefits to a City Manager candidate.  In addition to the CalPERS retirement benefit, City Council could contract for a City paid deferred compensation (IRC section 457 or 401a) benefit or a PARS (Public Agency Retirement System) supplemental benefit.

Encinitas City Manager Stuff

The council continues to hold “for show” meetings. The hearing to consider the qualifications desired in the next city manager appears to be the most recent example.  The council claimed they wanted to include the public in the process, but there were whiffs of insincerity.

I asked the City Manager Search Subcommittee (Stocks and Houlihan) how public comments would actually be used in the process. No reply. Why no reply? Well, public comments were collected after decisions appear to have been finalized. Indeed, this time the council didn’t even bother with a ceremonial vote. They just announced what criteria would be forwarded to the city’s search firm without a vote. The criteria had been finalized before the public meeting. Most of the public speakers didn’t realize this.

I spoke and simply stated that I thought the council should consider asking candidates if they would be open to a 401K retirement rather than a pension. We have at least two council members (Barth and Gaspar) who indicated in the last campaign that they are interested in pension reform. The hiring of the new city manager was a great opportunity to start over, at least for this single employee. The city manager would oversee any forthcoming citywide pension reform and it would be good for her to set an example.

It turns out that someone in charge already decided the new city manager would be getting a CalPERs 2.7 percent at 55 retirement package. I can find no evidence that the council ever publicly endorsed or discussed these terms of employment. The council must have approved this or passively endorsed it because the job advertisements clearly state the new city manager will get a defined benefits retirement package.

I thought the council is supposed to hold a vote, on record, regarding terms and conditions of the manger’s employment. I asked council members Gaspar and Barth if they approved this pension plan for the new city manager. Barth claims she was unaware of any decision. Gaspar eventually responded (after I began circulating this editorial). She said there has not been council discussion of the benefits package. She also says that she’s now looking into the possibility of giving the city manager an alternative retirement plan. She didn’t mention that when I spoke in front of council weeks ago. She says there is still plenty of time to figure it out, but it seem to me like it’s a little late.

I accidentally came across the city manager job advertisement, which clearly states the position comes with a 100 percent CalPERS pension. Peckham and Mckenney, the city’s search firm, had printed the advertisement. This seemed odd because I had not been told about this. I had been in correspondence with the firm trying to find out how the public’s input would be used, because there seemed to be an issue given that the City Council never voted to endorse any of the ideas presented by the public. 

Peckham & Mckenney continued to present vague assurances that the public’s comments would be utilized. It was a snow job. Not once did the firm indicate my comments regarding pension reform for the city manager were worthless for the selection process because the decision had already secretly been made. Peckham & Mckenney had already been instructed to offer a CalPERS pension and they printed up advertisements saying so.

It sure looked like Peckham & Mckenney were aiding the city’s manipulation of the public. I let the firm know of this conclusion and asked them to explain why they never mentioned the retirement package had already been established and asked for them to tell me the conclusion was wrong. They told me they couldn't answer those questions and to direct my questions to the city.

Read more: Coast News Group - COMMUNITY COMMENTARY Public manipulation in hiring of the new city manager

Update: It has been weeks since I asked the council to consider asking candidates if they would accept a defined contribution package. It has been over a week since Gaspar claims to have contacted HR to ask them about the option. I have sent follow up emails to her and the entire council asking what factual information was provided to the City Council. Right now it sure seems like the city wants that information to be kept secret. 

KMC

Nothing on TV Monday Nights?

A standing room only crowd attended the ECIP meeting last night. Some of the topics covered were open government, environmental issues, upzoning, low income housing. senior transportation, and pension debt. Some revelations drew gasps from the audience. A lot of people did not know about some of city's recent history as the crowd was a mix of folks, from all parts of the city. There were some good challenging questions. There was also a common theme among the comments; city hall has forgotten that their duty is to the people.

Charlie McDermott presented some stuff on pensions. Here is a sample. (click to enlarge)

Pump

Issues Not Important?

A quaint group of folks meet to discuss public policy.

Encinitas Citizens Initiative Project

Monday
March 21, 2011
San Diego Credit Union Meeting Room
501 North El Camino Real

Presentations start at 5 pm

Target Greatland to be even greater

Too bad we are about to allow a lame Wal Mart into our town...

Grow Local

NCTimes Farmers Pinched by High Water Prices
A vise grips farmers in North San Diego and Southwest Riverside counties: Recent rises in water prices and increasing foreign competition have made farming a break-even business for many, but cratered land prices make it difficult for those with debt to get out of the business, say farmers and real estate agents.

Conditions are particularly severe for local producers of avocados, a particularly thirsty crop. Long the center of U.S. avocado production, the region has dubbed itself the Avocado Capital of the World, with a 22-mile stretch of Interstate 15 named the Avocado Highway by state officials.

But new pressures beset local farmers. Drought and population pressures have reduced the supply of water and sent prices higher