Developer’s Learning Curve On How To Avoid…..

January 26, 2014

….LITIGATION….

…Because Wildomar City Hall is still stuck in Stage One.

Developers, large and small, are coming to the reasonable conclusion that “approvals” of their projects by the City of Wildomar, in all of its incompetent (unconscious or otherwise) manifestations, including City Staff, primarily the Planning Department, and Wildomar’s appointed Planning Commission officials, and ultimately, its elected officials, the Wildomar City Council, has only resulted in costly and time-consuming, yet properly effective,  litigation.

 Recently , several developers have wisely initiated contacts with their potential litigation opponents, seeking to address and resolve legitimate project objections, through amicable negotiations, prior to seeking approval for their projects at City Hall.

 So far, it has apparently resolved one problematic development.

According to my sources, these developers are making concessions to mitigate the impact of their developments, which they would have agreed to concede to the City of Wildomar, if only the City officials had asked for such concessions.

Unfortunately, the municipal incompetence appears to be a permanent condition.

The paid “professionals”  appear to be unable or willing to change their planning protocols.

The appointed officials, won’t be considered  formally trained unless, and until, they fly off to San Francisco to attend the League of Cities.

The elected officials seem to prefer their political status as victims of litigation.

For the most part, except for the developers whose dollars are on the line, the entire process appears to be “stuck on stupid.”

Comments can be made to zakturango@excite.com.

At the end  of the day , it appears that the City of Wildomar will experience its much-desired  development and growth, while the Citizens of Wildomar  will now know that it’s economic and environmental interests are being jointly protected by the mutually beneficial cooperation between the developers and the activist  community.


City Hall Sucks The Life Blood Out Of Measure Z….

January 21, 2014

blood sucker

…FUNDS

The Measure Z Slush Fund now appears to be fully operational, based on the documents provided by the City of Wildomar and their agenda packet for tonight’s Parks and Recreation Subcommittee meeting.

Please click on the following link (scroll down to page 22 to start) for confirmation:

http://media.wix.com/ugd/28672a_5faad7ab16de4786900f3b72157fa5b0.pdf

If you needed further evidence that the current arrangement is that Wildomar is a park system, with a city attached to it, you need look no where else.

It is the equal of mother nature’s symbiotic relationship between a host and a parasite.

To be specific, the following items are being paid for by Measure Z park funds:

  • Salaries.
  • CITY MANAGER CALPERS BENEFITS FOR RETIREMENT/SURVIVORS FUND.
  • CITY  CLERK BENEFITS FOR RETIREMENT/SURVIVORS FUND.
  • The same benefits for 2 cemetery district employees, as well as eight additional City Hall employees.
  • Medicare payments for 6 employees.
  • Medical insurance payments for 8 employees.
  • CITY MANAGER HEALTH INSURANCE PREMIUM.
  • CITY CLERK HEALTH-INSURANCE PREMIUM.
  • Dental insurance premiums for three employees.
  • CITY MANAGER DENTAL INSURANCE PREMIUM.
  • CITY CLERK TOTAL DENTAL INSURANCE PREMIUM.
  • Park Administration by Interwest in the amount of $7000.
  • Consulting fees by Webb and Associates in the amount of $1500.
  • Legal fees by the city attorney’s law firm in the amount of $1500.
  • Landscape maintenance for one of the “CSAs,” which has it’s funding stream.
  • ELECTRICITY FOR CITY HALL.

The above payments amount to approximately $21,000, which has been laundered from the monies provided by taxpayers for Wildomar’s parks.

I have no expectation that anyone will protest; but at the very least, it’s important that the public knows how City Hall rolls.

Comments can be made to zakturango@excite.com.


Good Fences Make Good…

January 16, 2014

…NEIGHBORS

Wildomar resident Monty Goddard offers a compelling argument for the placement of a permanent fence for the Windsong Valley tract “tot lot on steroids” wannabe park (zero bathrooms/zero parking) in a recent Letter to the Editor published in the Lake Elsinore/Wildomar Patch, as follows:

http://lakeelsinore-wildomar.patch.com/groups/politics-and-elections/p/letter-to-editor-windsong-park-fence-will-need-to-stay

Although I was originally opposed to having a permanent fence  at the Windsong Park, Monty’s consistent advocacy  for the fence  has gained my support.

Comments can be made to zakturango@excite.com.

Monty’s commitment to the City of Wildomar is beyond reproach as he has voluntarily taken on duties as an appointed  member of the Measure Z Citizen’s Oversight Committee, although he  clearly makes the point  that his letter is written from the perspective of a private citizen.

Proximity of his property, not to mention his real-life experiences,  to the Windsong Park should add heft to his argument, in contrast to the fanciful and airy arguments of  those who live blocks, if not miles, beyond the park  and its problems.


Wildomar Richly Deserves Latest….

January 14, 2014

…LITIGATION

The purported functionally impoverished City of Wildomar has properly earned, and richly deserves, their part in the recently-filed litigation involving the CV Communities project plan for the corner of McVicar and Palomar Road.

Before we review the timeline that is the issue in question in this litigation, let’s discuss the implications of the City of Wildomar’s facilitation of the above captioned project.

First and foremost, the City’s forefathers and foremothers sitting at the various council and planning commission tables ignored the pleas of longtime residents, Gina and Ruben Castanon, whose home and rural property would be forced into a new floodplain designation, requiring them to purchase expensive flood insurance as a result. This is not conjectural and anecdotal information. Instead, the Castanons have provided copies of the letter informing them of the change of status for the public record.

As a result, this specific litigation is going forward despite ample warnings to the City of Wildomar that their actions in moving forward with this project would invite litigation.

The crux of the litigation is based upon the legal theory that the Tentative Tract Map in question, originally approved by the County of Riverside, had expired, leaving the option to the property owner of re-applying for Tract Map approval, subject to an updated Environmental Impact Report, which would provide identification of current site conditions and appropriate mitigation of any adverse conditions.

However, for some reason, the City of Wildomar has chosen to facilitate the furtherance of this expired project, despite the negative implications for current residents and the potential for costly litigation, which likely will overturn any approvals granted to date.

According to a letter from the plaintiff counsel, dated November 13, 2013, the following factual timeline is at issue:

  • January 29, 2002 – Tract Map (TM) 25122 was approved by the County of Riverside.
  • January 29, 2005 -The original expiration date for TM25122, 36 months after approval.
  • June 06, 2005 – Riverside County Planning Commission approved the first one year extension of TM 25122 to January 29, 2006.
  • May 03, 2006 – Riverside County Planning Commission approved a second one-year extension to January 29, 2007.
  • February 21, 2007 – Riverside County Planning Commission approved a third one-year extension to January 29, 2008.
  • January 29, 2008 – Tract Map 25122 automatically expired as the property owner had not exercised his grant of authority to build his tract.
  • February 12, 2008 – The State of California, passed Senate Bill 1185, which extended the expiration date of tract maps for 12 additional months, but it did not apply to tract maps like TM25122 which had expired prior to  February 12, 2008
  • July 22, 2009 – The City of Wildomar’s Planning Director illegally “approved” a fourth and fifth extension of time for TM 25122, which had already expired.

Understandably, this matter will not be resolved until it arrives in the courtroom.

Despite former Mayor Tim Walker’s opinion that this is simply a “stall tactic”, the current property owner could immediately apply for approval of his tract map in a new application process.

In any event, the City of Wildomar richly deserves all of the negative impacts that their disregard of their oaths to uphold the law may bring upon them.

Comments can be made to zakturango@excite.com.

By the way, there is no pot of gold for the plaintiffs, whether it prevails in court, or the city and developer settle prior to trial.  The attorneys get paid, but no one else.

Money is not the issue.

Legality is.


Stall Tactics; Wildomar’s Mis-Understanding Of Latest Round Of….

January 12, 2014

…LITIGATION

The latest former occupant of the annually recycled Mayor’s seat, Wildomar Council member Tim Walker has once again provided evidence of a short-sighted and juvenile understanding of a recent lawsuit, naming the City of Wildomar and a developer over an expired tract map intended to construct an outdated, expired and obsolete residential tract at the corner of McVicker and Palomar Road.

Walker was quoted by the Press Enterprise reporter, Michael J. Williams, in yesterday’s article (see yesterdays article immediately below for the link) , as follows: “They’re just trying to stall it. It’s a stall tactic.”

Councilmember Walker’s analysis overlooks the primary reason for the litigation in that the city has failed to recognize, and correct, the expired status of the original tract map.

In their haste to move this developer’s project forward, the city has facilitated the developers proposition that the local environment has not changed since the original, and currently expired, tract map was approved by the County of Riverside.

Instead of taking the opportunity to address all of the current environmental issues for the project, including having the current developer account for the massive amounts of imported soils resting atop his property, the City of Wildomar has chosen to ignore the concerns of informed citizens and their legal counsel.

The current litigation will confirm or refute the issue of the expired tract.

If refuted, the project will then be able to  move forward.

If confirmed, however, the developer will be required to initiate a new application for the project, subject to all of the usual reviews by the Planning Commission and, eventually, and approval by the City Council.

Rather than addressing the actual underlying issues, Walker, as spokesman for the rest of his colleagues, has once again displayed the adolescent incompetence of Wildomar’s elected officials.

Comments can be made to zakturango@excite.com.


When Wildomar’s City Hall Goes Rogue…

January 11, 2014

..ONLY THE COURTS CAN REIN IT IN

Let the handwringing begin.

Today’s Press Enterprise reports the filing of two additional lawsuits over recent actions taken by the City of Wildomar, as follows:

http://www.pe.com/local-news/riverside-county/wildomar/wildomar-headlines/20140110-wildomar-more-suits-filed-against-city-over-land-use-issues.ece

Apparently the political posture of being the helpless “victim” of unending litigation prevails in the City of Wildomar.

So far, it seems to work for them but eventually citizens will begin to question their decisions as well.

Most of the litigation currently underway would never have occurred had Wildomar’s Planning Commission, and ultimately Wildomar’s City Council, simply honored their oath of office  freely taken to uphold the law, which includes the General Plan, the California Environmental Quality Act, not to mention the Visioning Strategy, created by a wide spectrum of its citizens after incorporation in 2008.

Nevertheless, concerned citizens are always entitled to resort to the Court to address those concerns.

Elected and appointed officials, who have repeatedly and blithely ignored  rational and reasonable objections  presented during public hearings , will eventually have their  decisions scrutinized under the auspices of the legal system.

Sadly, until the voters of Wildomar elect honorable adults to lead them, nothing will change.

Comments can be made to zakturango@excite.com.

Keep your eye on the traffic and flood control disaster at Bundy Canyon  and the freeway.

Illegal modifications to the Conditional Use Permit wrongly allowed  the developer of the gas station at that location to omit  the installation of a four-way traffic light  at Sellers Road  and storm water to improperly drain into an  under the freeway “water pipe” which will allow storm water to drain onto the campus of Elsinore High School, when it  was originally conditioned to re-direct its waterflow to the proper under the freeway waterpipe nearly 500 yards to the south.

This improper conduct  will not be ignored nor tolerated with impunity.


The Friends Of Wildomar’s Parks Didn’t Disappear With The Passage Of Measure Z…

January 10, 2014

…IT JUST MORPHED ITSELF INTO THE CITY MENTALITY

While the non-accredited, non-profit wannabe organization known as “Friends for Wildomar’s Parks” apparently ceased to exist with the passage of Measure Z, that unsuccessful mentality has apparently morphed directly into the Byzantine caverns of Wildomar’s City Hall.

On Saturday, January 11, 2013, in an attempt to recapture the “spirit” of the Great  Day of Service, Wildomar’s citizens are once again requested to “tool up” and to “show up” for another work day, allegedly to push bark around the interior confines of Marna O’Brien Park and the tot lot known as WindsongPark.

Rather than to sharply focus on the City of Wildomar for its obvious  inability to function as a functioning city, Wildomar Magazine applauds  its adolescent  leadership for recognizing what it does best; “inducing volunteers to provide labor and  small donations for its parks on an ongoing basis.”

Comments can be made to zakturango@excite.com.