Cactus Thorns
Irreverent Barbs On Desert Politics

Dumont Dunes crowds causing heap of problems for Tecopa

Off-road enthusiasts enjoying the Dumont Dunes have been well-trained when it comes to the "pack it in and pack it out" concept concerning their trash. Now they are getting a little reminder that they need to pack their trash all the way back home, instead of stopping and dumping it in Tecopa.

When it became apparent earlier this winter that Tecopa's limited number of private dumpsters was getting swamped with trash, the Bureau of Land Management moved "aggressively and fast" to staunch the flow of drive-by garbage dumping, said Roxie Trost, the Barstow-based BLM field manager for Dumont Dunes. The BLM paid for additional dumpsters in Tecopa, paid to have those dumpsters emptied and is providing flyers concerning trash and Tecopa to Dumont Dunes users, she said. More


Western states reach agreement on Colorado River management

Setting aside years of differences, the seven Colorado River states agreed Tuesday to significant changes in the way the river is operated, both in times of drought and as demand for water increases across the growing West.

The proposal more closely links the river's two biggest reservoirs, Lake Powell and Lake Mead, giving managers specific rules about how to regulate water levels to best protect users against shortages. The new rules should eliminate what was becoming an annual fight over how water moves downstream. More


Financial Assurances

SMARA requires that each mining operation have a financial assurance to ensure that reclamation is performed in accordance with the approved reclamation plan. Financial assurances must be payable to “lead agency” and the Department of Conservation. If a change of ownership occurs, the existing financial assurance remains in force until a replacement financial assurance is approved by the lead agency.

For private entities, financial assurances must be in the form of surety bond, irrevocable letter of credit, or trust fund (such as an assigned CD). A surety bond must be on the form approved by the State. That form may be downloaded here. For CDs, an Assignment of CD form that may be used is available in the State Mining and Geology Board Guidelines for Financial Assurances. More


Illegal Grading Cost Perps $225,000

Five Newport Beach homeowners have agreed to pay to restore sand dunes flattened in front of their oceanfront homes last spring, plus a total of $225,000 in fines.

Beachgoers awoke one morning in April to discover that a bulldozer had rumbled across the sand sometime overnight just south of the Santa Ana River mouth and scraped away the 3- to 6-foot-high dunes, which stretched a block long.

The homeowners admitted no wrongdoing, and the Orange County district attorney filed no charges. But police concluded the homeowners paid a bulldozer operator $2,000 to level the dunes under cover of night to improve the oceanfront view. More


Aloha Barr: Home Depot speeding through on fast track

YUCCA VALLEY - A Home Depot item on Thursday night's Town Council agenda received a hearty vote of approval from the officials, moving the project one step closer to actual construction. More from the Desert Star


Highland Embargoes San Francisco

(NEWSMAX) The City Council in Highland, Calif., has barred officials from spending money to send employees to San Francisco – a response to the Bay City’s approval of a measure that opposes military recruiting in public schools.

Last fall, three Highland council members and the city manager attended a League of California Cities conference in San Francisco, spending about $4,900. But officials last week unanimously passed the resolution to end further spending there, the Los Angeles Times reports.

"We ought to quit giving them revenues to spend on tomfoolery," said Ross Jones, mayor of the city of 50,000 near San Bernardino.

In November, almost 60 percent of San Francisco voters approved Proposition I, a symbolic measure that indicated residents opposed military recruiting in public schools.

Backers of the proposal said recruiters in schools are "preying on young, poor, working-class people and people of color to fuel the war machine."

(more)

Council members ready for polygraphs

In what is being described as an "unprecedented" and "extraordinary" move, at least three members of the Desert Hot Springs City Council say they will voluntarily take a polygraph test to prove they did not leak information to The Desert Sun. More


Tarot Cards Anyone?

This week should be a fun one... We expect the digging to once again begin across from Stater's. The pole on Sullivan in front of the Theater will not moved, Buckey Bucklin Park will remain a dirt lot, the general plan will be abandoned for the promise of higher tax revenues, downtown will remain a backwater and the double standard will remain the norm. It's just another Happy Valley Monday.


Who's holding the bag?

On 7/1/2004 the City of Twentynine Palms was awarded $233,000 thru the Roberti-Z'berg-Harris -- Non-urban grant program of the State of California for Jerry Bucklin Community Park.

Project Description: "A development project in the City of Twentynine Palms to construct a park with pathways, shade structure, picnic tables and benches, drinking fountain, planters, solar lighting, irrigation and sculpture/water feature."

A year and a half later, no pathways, no shade structure, no picnic tables and benches, no drinking fountain, no planters, no solar lighting, no irrigation or sculptured water feature.

Where's the park? Where is the money?

Hey we're talking about a 0.3 acre lot with utilities available. A couple of days with a garden tractor, a few plants from Mornings, a cement sculpture from off the 10 Freeway, a couple of benches and picnic tables, and a couple of loads of colored rock and presto its done. What's going on?


It's Over?????

Hold on folks.... Here's the latest on the the open pit across from Stater's. Like we said the culprits have all the dirt they need right now and so the city has informed them to cease and desist. It's not like we saved a huge chunk of our desert environment but those working together on this blog have shown that we can join together diverse and often at odds groups to accomplish common goals. Those common goals are saving our desert lifestyle and demanding fair and equal treatment by our own local government. Each of you proved that if we join together we can not so much move a mountain but we sure as heck can stop others from doing so. Good job fellow citizens.


No wonder he's retiring...

The only term that can be used in describing the city's incredibly slow response to the recent complaint of illegal mining on property across from Stater Brothers is.... Ridiculous. This is starting to remind us of the Great Thespian Telephone Pole incident. Either the City Manager and his cronies could care less about what is right and lawful or he and his inner circle of fellow Knuckle Heads are just Misdemeanor Stupid. They seem to be waiting for just the right time to make their move.... We think it might be right after the fellows moving dirt say they are finished. Hell the City Manager wouldn't want to piss his buddies off.


Double Standard with a twist

This letter appeared in this weeks Desert Trail, we reprint this with the direct written permission of the author.

I have lived in this TOWN for over 20 years. I recently purchased a house on five acres near the cemetery. I was thinking of subdividing this property to sell a couple of acres to pay off some bills and set some money aside for my children's college fund. Unfortunately, this TOWN would make me put in a paved road with gutters and sidewalks to the parcels that I would create.

This is absolutely ridiculous. I am not a developer, home builder etc. I do not have a bank account with a ton of money in it. I am a middle class worker trying to make a few extra bucks by selling off some land that I own. All these things the TOWN wants me to put in, could cost up to a million dollars. I would not be putting anything on these parcels except for a couple of For Sale signs. It would just be empty land. So I would have to lay down a million dollar road with sidewalks and gutters, out to the middle of the desert. WOW, that makes a ton of sense. Besides don't we pay taxes for street improvements anyway?

What average person has that type of money here in the TOWN of 29 Palms? What is wrong with a dirt road leading to these parcels. 95% of this TOWN has no sidewalks or gutters. And many people like the idea of living on a dirt road.

I love this community but I think that the city council needs to look deeper into these types of policies as they make it impossible for the average person to do anything with their land. So basically, my land is going to go to waste. I can't use it and neither can anyone else because I can't afford to subdivide it.

If I am wrong about this please let me know. If you have any insight, email me at smraines12@yahoo.com. I would love to hear about it.


Steve Raines
Twentynine Palms


The beauty of our desert home

Chris Tiffany writes in the Desert Trail, "Once again I read of a new large subdivision coming before the City leaders for approval (Development marches forward in Twentynine, Jan 12 Desert Trail). And once again I am both stunned by the magnitude of land under consideration, in this article alone, almost 900 acres.

Although a few years back a dedicated citizens' group was able to create some awareness for indiscriminate grading of parcels covered with virgin native vegetation by having a phrase included in the Development Code for parcels over one acre, what is now happening in our beautiful desert City is exactly what this ad hoc group was working to avoid. Namely, large developments are being treated as individual lots and, as a result, excessive degradation of the native landscape, the signature characteristic of our unique Mojave community, is underway in a wholesale manner..." More


Pious perception

Kurt writes this week, "The story, a joke actually, is told of a pious man who, when his home is threatened with flooding, is offered rescue by a man in a canoe, another man in a boat and a third man in a helicopter only to turn down these offers because of his belief that God will save him."

The editorial concerns how the Planning Commission is the Almighty and plans to save the town. We'd like to remind him of the old adage, "Hi, I'm from the Government and we're here to help." If he wonders why people are hesitant in believing the Planning Commission is here to help, all he has to do is reflect on 19 years of micro-management of the downtown area and see its results. Give the people a little time to warm up to the idea. Give them some sort of assurance that their ideas will be heard. 19 years of "we know best" is a tuff nut to crack.

UPDATE: We understand that the next meeting of this planning session is going to be at the WONDER GARDEN. Sorry folks we will not be able to attend. The owner banned members of the old Recall movement years ago from darkening her door step. I've not been informed if the ban has ever been lifted.


UPDATE: The Great 29 Palms Mine Disaster of 2006

Rumor has it that the Great 29 Palms Mine Disaster of 2006 might be grinding to a halt. The city has called for the wrong doers to be called upon the carpet. It is said that the mine will be forced to close and those responsible will be required to reclaim the property back to its original condition. As always we'll take a cautious wait and see attitude.
The story continues to go unreported by others in the local media. Anyone care to wonder why?

Ignorance is Bliss

If ignorance is bliss the folks down at city hall must be the happiest SOBs in the world. A 5th grader can tell that far more than 2500 cubic yards of dirt have been removed from the open pit mine across from Stater Brother that the city affectionately calls a “Borrow Site.” They have started to remove the entire hill. Blatantly snubbing their nose at State of California Law, the Community Development Director, the City Manager, the Mayor, Mayor protem and every city council member.

We were asked by Steve Spear to show the double standard. Well sir, the late Ray Charles could see this one. It wasn't a year or so ago a fellow behind ACE Hardware was shut down on his project because he didn't have a final grading plan submitted. They closed him down. They stopped his job. They canceled his permit. Mayor Protem Klink was proud as Hell. Yet these people over by Stater Brothers don't even have a project submitted!! THE CITY CONTINUES TO DO NOTHING! Yes Steve, “The Double Standard” is alive and well!

Kevin, you constantly remind us of the “Sins of the Past.” That we should forget them and move on. OK, but what about the Sins of the Present? You think you might for once in your life make a stand, show some leadership and put a stop to this environmental nightmare? This is a pretty simple task even for you Kevin, this violates the law demand they put a stop to it.

Here we are, with an election less than 9 months away and the incumbent politicians are once again on the wrong side of an issue that effects us all. The Council might not be able to see the double standard here but it's damned obvious to the rest of us. Instead of showing character and courage they just give the people the Big Finger of defiance. It's issues like this that drive people to the polls. When some people are given a nod and a wink and others are held to the bar, people see it, and most people will agree that is called... A Double Standard.


Mine Safety and Health Administration

  • The California Resources Agency
    is responsible for the conservation, enhancement, and management of California's natural and cultural resources, including land, water, wildlife, parks, minerals, and historic sites. The Agency is composed of departments, boards, conservancies, commissions, and programs.

  • Department of Conservation Minerals & Mining
    They produce mineral classification maps to help local governments with land-use planning decisions. These maps enable local governments to assess locations for future development with a full understanding of where valuable mineral resources exist. At the same time, we work to ensure mined lands are reclaimed and returned to usable condition after mining operations cease.

  • Division of Occupational Safety & Health
    The Division is charged with the jurisdiction and supervision over workplaces in California that are not under Federal jurisdiction. The Division enforces the laws and regulations governing the protection of the life, safety and health of every employee in California places of employment. Contact information is as follows:

      Mr. Richard Hughes, Principal Engineer
      CalOSHA-Mining and Tunneling Unit
      Region V Office
      1367 E. Lassen Avenue, Suite B-4
      Chico, CA 95973

      (530) 895-6938 Telephone
      (530) 895-6941 Fax

Twentynine Palms-based Marine unit mourns loss of two of their own

Marines and sailors of the Twentynine Palms-based 3rd Light Armored Reconnaissance Battalion listen to the words of fellow Marines during a memorial service for Petty Officer 3rd Class David S. Sotelo and Lance Cpl. Christopher B. Best Jan. 18, 2006. Best and Sotelo died as a result of a military vehicle accident on Interstate Highway 15 Jan. 4, while enroute to Marine Corps Air Station Miramar for predeployment training. Sotelo, 22, was a native of Murrieta, Calif. Best, 20, was a native of Springfield, Mo. Photo by: Cpl. Graham A. Paulsgrove The Story Here


Bus agency sharpens teeth on taxi rules

JOSHUA TREE - The Morongo Basin Transit Authority will now have the help of law enforcement to penalize taxi cab owners who are out of compliance with local regulations.

The MBTA board of directors approved an amended new taxicab ordinance adding enforcement powers during its regular monthly meeting Thursday. More from the Hi-Desert Star

Board Member and 29 Mayor Kevin Cole is all for enforcing taxi cab rules but does nothing about the scores of unlicensed building contractors doing substandard work in town. But then... that is a State law issue and as we all know "the law does not apply here."


In the Pits

Last report on the local mining operation is... The city has turned a blind eye to the whole thing. They continue to dig up the desert and make huge piles of dirt all over town. We're guessing Munoz is telling all “don't worry the law does not apply here.” It's just another day in Bugtussle.


Water: We hate to rain upon the parade

Water, the life blood of the Desert. Without it the desert is just another barren wasteland. The original Twentynine Palms General Plan took into consideration the realities of our water supply.

  • For what ever the reasons we did not buy into the California Aqueduct water that Yucca Valley and others did, that option for recharging the aquifer isn't on the table today or in the future. So our supplies are limited and finite. Yes we have a huge aquifer when compared to the population we now support but will that same aquifer be dangerously inadequate when we double or triple or our population?
  • Talking about water, when we put water through the human body we... well dirty it up a bit. Presently we're getting away with using septic systems and leach lines and pits. Before we start allowing these proposed high density housing projects to begin we had better think of what we are going to do with millions of gallons of effluent. Are we going to just leach it back into the water table and let the next generation of citizens of Twentynine Palms and the Water District worry about it, or are we going to make the developers do something now?
  • Cochella Valley is filled with Golf Courses, its water table has dropped 20% since they were asked to water from ground wells because of the limitations of the Colorado River agreements with Arizona, Nevada, and Mexico. In a short 5 years they are in deep concern with water resources. I just want to put up the question here. Is another golf course the best utilization of our limited natural resources?

CEQAnet

Here is a fun site we'll be adding to our links. The CEQAnet database. If the city is on the up and up you'll be able to see the projects coming up even before they come before the planning commission. The state requires a review by several agencies for things like large projects, changes in the General Plan, zoning changes and lot splits. Click Here


Water Quality Control Board concerned with waste water discharge in 29

California Regional Water Quality Control Board, Colorado River Basin Region's Draft 2004 Triennial Review put high on its list, "Guidelines for Sewage Disposal from Land Developments":

They intend to... "Evaluate and revise the guidelines and Basin Plan as necessary, to account for population growth, distance to underground utilities, potential receptors, high-density housing developments, sewer versus septic wastewater disposal, and the need to prohibit septic systems, or limit their density. The current 1979 guidelines for sewage disposal do not consider these issues. Areas of concern include Yucca Valley, Twentynine Palms, Coachella Valley, Joshua Tree, and Pinyon Pines. This action should protect the quality and beneficial uses of groundwater with recent increases in total dissolved solids and nitrate from septic system wastewater discharges."

On August 31, 2005 The REGIONAL WATER QUALITY CONTROL BOARD moved for the Protection of Municipal aquifers in the Yucca Valley and Twentynine Palms areas (Hi-Desert Watershed): to control nitrates and TDS. 

This should be high on the list of concerns of local city planners and citizen groups in the next couple of months.


From: A look at how cities, industries contribute to higher efficiency

...If there's a sore spot for [desert] dwellers when it comes to water use, it's probably green and comes in groups of nine and 18.

Golf courses are among the most visible consumers of water in the desert and because many people don't play, the courses are easy targets.

But course operators say they have become highly efficient water users by installing computerized irrigation systems and converting many courses so they use reclaimed wastewater.

Chandler and Scottsdale, Arizona, for example, work closely with courses to deliver treated wastewater. A group of courses in Scottsdale spent millions of dollars to build a reclaimed-water delivery line that let them tap into the city's new treatment plant.

"We can really look everyone in the eye and say, 'Forget what you think you know about golf courses and water,' " said Jeff Spangler, senior vice president for science and agronomy for Troon Golf, which operates more than a dozen courses in Arizona and is a member of the Scottsdale group. "We are using absolutely the minimum amount of water needed for healthy turf."

Arizona's groundwater-management laws limit the amount of turf a course can install if it's on a well. The laws then limit the water that can be used. From AZcentral.com


Take heed to Gary

To the credit of Gary Daigneault he has started to raise awareness about a couple of huge building projects slated for the planning commission. Two projects that include a couple of thousand homes and two golf courses.

The environment is were Gary Daigneault and members of Vote29 have often agreed. It wasn't so long ago that we gave our full support to Daigneault and Steve Spear as they lead a neighborhood group of homeowners and environmentalists to protect their neighborhood from a full scale change of the General Plan for the area.

We'll be watching what happens on these projects as they go through the planning process. The questions are if the integrity of the General Plan was worth fighting for a year ago why isn't today? What about water? What about traffic? What about quality of life? What change in mindset would cause a change in the General Plan? Those neighborhoods in less than a couple of years are being asked to change their quality of life again. Lets hear the pitch.

For us... we'll just follow the money.


We told you so

The question we have about this most recent embarassment: Will the City Attorney take his Oath of office seriously and support the laws of California, or will he once again tell us all that the Statutes and Regulations of the State of California do not apply?

The city is circling the wagons. State and federal Regulators, environmentalists, legitimate mining firms, mining associations and government watchdog groups are gathering for the fight. Munoz is used to throwing money at the problem. He has always claimed victory by out spending the city detractors. He'll spend a dollar to prevent giving a just dime. This time the city is going to be taking on some powerful folks that have all the financial resorces to beat down the city and even break his legal firm of Rutan and Tucker.

This guy's spent so many years covering the asses of city officials that he has forgot that his job is protecting the interest of the citizens of the cities he represents. He is an officer of the court and is supposed to represent the interest of the State. His job is not assisting officials wiggling out of the law but making sure that those in the city following the law. His client is the city not individuals employed by it.

The battle that gathers on the horizon could well bring the city to a crashing halt. Several years ago we gave Monoz and prior Councils the information and background that would have predicted a problem like this would occur. We had representatives from other jurisdictions present evidence at a council meeting, we gave them a Grand Jury report. Old dogs don't learn new tricks. A leopard does not change its spots. It just took forever for the obvious to be accepted by anyone in the city.


Stockton City Manager Fired.

STOCKTON - City Manager Mark Lewis was fired Tuesday.

The City Council, in an unexpected closed meeting, voted 6-1 to oust the manager, finding his spending money without council approval and his contentious relationship with the media, among other things, were unbearable, Mayor Ed Chavez said. More

Lewis was an at-will employee. According to his contract, the city must pay Lewis six months of his current base salary plus any leave time accrued. Lewis was paid $192,528 annually. Stockton has a  population of  279,888. That's 10 times the population of Twentynine Palms... 


Their Silence is Telling

To show how arrogant or unaware of the law the paid professional administration of the city is, we need only go to the last "Borrow Site Grading" Permit issued 5/03/2005 it allowed for the removal of 2500 cubic yards of material on some 38+ acres. Well guess what amount of material removal triggers the requirements of California’s Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.) or SMARA? 1000 Cubic Yards or more than 1 acre of ground.



The city is hoping that this will just blow over. They know that because they never took any legislative action to incorporate SMARA into our local codes they are not the lead agency in the regulation of mining in the City of Twentynine Palms. The State Board is the lead agency by default and has the power to compel all parties including the city to follow the law. They can't get themselves out of this pickle by saying that law does not apply here. It does, the fines and required impact fees generated from the ACT fund a whole State Agency. The law is written to allow the agency to preempt the city and overrule them.

This lack of professionalism by people that we pay over $100,000 a year to is unconscionable. This is not a mistake, it can only be considered a deliberate attempt to scoff at a 30 year old law that protects the environment, and all of the people in the State of California for a quick profit.

What other local agencies say about Surface Mining

Other cities and counties throughout California have dealt with "Borrow Site" Surface mining. They are quite aware of SMARA and State Regulations concerning this land use. There are some really strict State rules concerning surface mining. We thought it might help those of you who would like to do a little catch up to read what other local agencies have ruled:

Hwy 62 Looking East from Sunrise

We pay good money for legal Counsel, how could he have missed this? We pay good money for a City Manager, how could he allow this?

I don't blame the Council how could they have known? We paid so called professionals to run the day to day functions of the city. The Council are citizens just like us, just average Joes and Jills, they can not be expected to know every requirement that the law demands. But, these professionals are paid to know.

Who knows what environmental damage they have caused? Who knows what liabilities have been brought upon the city? This is the kind of failure in local government you read about in some third world country.


Borrow Site Grading: Could if unchecked, skate State and Federal Regulations

Here is an example of a logical ordinance covering Borrow Site Grading.

Over reaching a permitted use isn't new. The commercial exploitation of a borrow pit isn't a new trick either. The City of Poway has put some thought into this with it's Ordinance 16.54 and 16.43.030 Permit issuance – Borrow sites.

"No grading and/or clearing permit shall be issued by the City Engineer when, in the opinion of the Director of Development Services, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes unless a conditional use permit has been issued for the operation of a borrow pit on the grading site, a legally nonconforming borrow pit is being operated on the grading site, or the grading and/or clearing comes within one of the exceptions listed in the zoning ordinance of the City. (Ord. 518, 1999; Ord. 345, 1991)"

Instead of unbridled commercial mining of a "borrow site" with a simple permit, once it is found that it is being used for commercial purposes it triggers a need to a CUP (conditional Use Permit.)

In our city a conditional use permit must go through a litany of procedures and policy evaluations to get approval from the legislative authority. One of the big factors would be the filling out of the questionnaire the city provides now to decide if a borrow site is just a borrow site or indeed it is a mine in the legal sense. Other authorities would have input and oversight.

These requirements are needed to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California’s Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as “SMARA,” Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as “State regulations”) for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 and 3700 et seq.), to ensure that:

1. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition, which is readily adaptable for alternative land uses.

2. The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

3. Residual hazards to the public health and safety are eliminated.


The Dirty little secret: Mole Hills out of Mountains

What if we had a area where a full scale surface mining operation with thousands of cubic yards of material removed weekly, and it was going on right in our own downtown? Would you believe a massive operation with no permits, no approvals by any state, county or city authority right under the city's nose? Would that surprise you?

We're not talking about excavations or grading for farming or site construction or for the purpose of restoring land following a flood or natural disaster.

We aren't talking about onsite excavation or onsite earthmoving activities that are integral or a necessary part of a construction project that is undertaken to prepare a site for construction of structures, landscaping, or other land improvements.

We're not talking about grading, compaction or the creation of fills, road cuts or embankments...

No, we're talking about the the full scale commercial strip mining of fill sold for off site construction for profit sake only. We're talking about a full scale surface mining operation right downtown. Would that surprise you?

Would it surprise you that there are no approvals or permits of any kind by any public agency for this MINING OPERATION? Would it surprise you that there has been no Environmental Impact Studies, no turtle studies, no right of ways obtained,Caltrans encroachment permits, nothing submitted to the Department of Water Resources, AQMD, CEQA, State Reclamation Board, State Mining & Geology Board, or a score of both state and federal agencies required to open a surface mining operation, in fact no environmental study or permit whatsoever? Would that surprise you?

I'm not surprised at all.

UPDATE: CORRECTION We got a call from a fellow in the know... on 5/28/1998 a Borrow Site Garding Permit (Strip Mining) was granted for a job on MCAGCC for a total of 5000 cubic FEET of dirt. Then again on 5/03/2005 another Borrow Site Grading Permit (Strip Mining) was granted for 2500 cubic YARDS of dirt. We Liked the note attached, "Dirt to be delivered to a location in 29 Palms." No environmental studies, no approval from authoritive agencies. From August 9th 1999 to May 4th 2005 they continued to strip mine without a permit.

UPDATE 2: We found two local governments refer to Borrow Site Grading. In both cases "Borrow Site Grading" refered to excess soil from county landfill projects. Significant environmental Mitigation Measures are often the result of this and require in every case a determination by the several agencies involved with land use. Example A, Example B, In every case no situation includes this very unique situation that seems to be exclusive to this project, this city and this group of individuals.


Local Ethics Training Requirement - Assembly Bill 1234

On October 7, 2005, the Governor signed Assembly Bill No. 1234. AB 1234 requires (among other things) that all local agencies that provide compensation, salary, or stipend to, or reimburses the expenses of, members of a legislative body must provide ethics training to local agency officials by January 1, 2007, and every two years thereafter. The term “legislative body” includes not only the governing body of a local agency, but also a commission, committee, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory.

The bill further provides that if an entity develops criteria for the ethics training, the Commission and the Attorney General’s Office must be consulted regarding the proposed course content. Please note that the enacted statute (Government Code section 53235) is not in the Political Reform Act. Therefore, other than the consultation requirement regarding the training course, the Commission has no jurisdiction to interpret the new legislation.

The Commission is noticing a new regulation setting forth the procedure for obtaining review of the local agency ethics training. The draft regulation, as amended after receipt of public comment, will be presented to the Commission at its January 20, 2006, Commission meeting. We encourage the public to comment on the proposed regulation in advance of, and at, the Commission meeting.

Link to text of Assembly Bill 1234

Link to proposed regulation 18371

Link to Notice of Rulemaking: Adoption of Regulation 18371

Commission memorandum and proposed regulation 18371 (as amended as of January 10, 2006) implementing Assembly Bill 1234 to be considered by the Commission on January 20, 2006:
Memorandum

Proposed 18371

Comment Letter

AB 1234

Complete January 20, 2006, Commission meeting agenda.

If you would like to receive periodic updates on the status of the implementation project, please e-mail your name, firm, address, phone number and e-mail address to jwallace@fppc.ca.gov. Link

UPDATE: Take the course yourself. The Attorney General and the FPPC have a interactive Ethics course, Ethics Orientation for State Officials. Go through it. Listen to what is a government official, learn that local agencies including cities are bound by the same ethics laws as State Officials. If you don't believe me you must believe the Fair Political Practice Commission and the Attorney General.


NC Murder Trial has 29 Palms Connection

Ruben Wright's voice echoed in an Onslow County courtroom Thursday afternoon.

Wright wasn't testifying on the second day of his first-degree murder trial. But his voice was heard on messages that he left on his former lover's cell phone just hours after her husband, James Taulbee, was found dead in their Aragona Village home in January 2004.

Despite objections from the defense, those messages were played after the jury heard testimony from eight of the prosecution's witnesses. The case is being heard by Superior Court Judge Charles Henry. The state is not seeking the death penalty. More


Rollback Curbs: A common sense approch

One potential simple solution to the requirements of curbs and gutters in our basically rural community is the introduction of “rollback” curbs. What we are used to in this area is the urban curb system of high backed or squared curbing.
Rollback Curbs would accomplish the requirements for an attractive road delineation at a substantial reduction in building costs and meet the Federal Mandate to protect the Desert tortoise.
I for one would like to know if any consideration was ever given to the logic of rollback curbing. I believe both the builders and the environmentalists could get behind a move to developing a standard of rollback curbing.


Hey, Wait a sec......

Before this present argument gets out of hand we need to have another reality check.

I would like to make sure everyone realizes a couple of facts. No one here is a professional politician. No member of the Council is a pro, Steve and Elaine are cops, Kevin stacks turnips at Stater Brothers, Joel delivers our mail, and Dawny wrenches on mopeds. Joey repairs cars and drives a tow truck, Sean builds homes and I well I guess I sell hot dogs. The point is none of us are all knowing. None of us have all the answers. I know I have made mistakes in my life and if pressed I'll wager everyone else has too.

Before we get all wound up and at loggerheads about the past wrongs, lets do something different here. Lets actually discuss how we can solve the problems that have been brought up in the last couple of days.

This might shock some of you but even I'm getting tired of beating a dead horse. That doesn't mean I'm not going to muckrake and bring up controversy . I just want to see some progress, some comity, some intelligent posts for goodness sakes. I know you all have it in you.

This is the perfect forum for discussing solutions to the problems that pop up as the city grows. Now we can spend megabytes of space beating the hell out of one another or we can actually post some positive ideas and workable solutions.

I leave it up to you folks, you run the comment section, you have all the control. I for one would like to see some balanced postings. I would like to see others beside the same old suspects posting. I would like to see new solutions to the old problems. I would like to hear some new voices with fresh ideas.

Update: I was told that Kevin retired from his job of 20 years... So scratch stacking turnips and replace with spends his days fishing.


Where is the Outrage?

I guess what really burned my tail last night at the City Council meeting was the "I don't give a crap" attitude of many there to the rule of law and fundamental fairness in government.
I stood in the back and watched one of the most blatant examples of Scoff Law in my life. The Milton Marks Post-Government Employment Act (Government Code 87400-87407) has been on the books for over 15 years. Unlike interpretations of development codes or deciding what is or is not a "Community Norm" last night we saw a written in stone law violated and not a damned thing was said or done.
While I don't deny Jay Corbin his ability to make a living on his knowledge of community development, he just can't do it here. It is against the law. He can not come back less than a year from his termination and argue against the same development code that he himself participated in developing and writing.
The law is pretty straightforward Section 87400 (b) includes every "employee," "who as part of his or her official responsibilities engages in any judicial, quasi-judicial or other proceeding in other than a purely clerical, secretarial or ministerial capacity." Corbin was an integral part in both development of the "Development Codes" and administration of its provisions as well. Corbin "Participated".as in subsection (d) "to have taken part personally and substantially through decision, approval, disapproval, formal written recommendation, rendering advice on a substantial basis, investigation or use of confidential information as an officer or employee."
The unique thing about Zoning and Land Use Laws is that the State has a direct and substantial interest. Unlike other subjects that are pretty much up to each community, strict compliance to the State Law is required. Land Use is a interest of the state and those dealing with those subjects on both the Planning Commission, the City Council, and their officials and employees represent the interest of the State.
The law says;

87401. No former state administrative official, after the termination of his or her employment or term of office, shall for compensation act as agent or attorney for, or otherwise represent, any other person (other than the State of California) before any court or state administrative agency or any officer or employee thereof by making any formal or informal appearance, or by making any oral or written communication with the intent to influence, in connection with any judicial, quasi-judicial or other proceeding if both of the following apply:

(a) The State of California is a party or has a direct and substantial interest.

(b) The proceeding is one in which the former state administrative official participated.

If that was not what happened last night I am a duck.Where is the outrage?


Sins of the past... my ass


It was like watching monkeys making love to a football Tuesday night as the Council tackled an appeal by Sean Pulliam on a Condition of Approval for construction on a piece of property he has at the North end of Utah Trail.

It was a sight to behold and hope all that have Cable tune in Wednesday night to watch. This Council put themselves in a Catch-22 with years of making exceptions to the General Plan. Exceptions that were made by this constituted Council and by every other Council over the years. Not to say that everyone of those exceptions were not valid. They were. But here is the thing, it was inevitable that someone would pitch a bitch, that was and is Sean Pulliam.

Some of the more memorable moments were;

Jay Corbin, the ex-planning director representing Pulliam. He spent the night plagiarizing my case filings. Dictating how the law should be read (hell he should know he wrote it.) and generally switching sides on the issue like a French Mercenary.

Steve made a great statement about how Corbin put the screws to everyone he ever dealt with as planning director. Steve warmed the cockles of everyone who had been saying Corbin was a putz as a planner. But then he went on this strange rant on how much money Pulliam could or couldn't make with or without paving a road to hell and back. As if it should be the business of government to set the profit margin of a builder or anyone else for that matter. We love yeah Steve, but come on buddy.

Cole was in rare form. He kind of did a John Kerry on us. He voted for Brooks' minor subdivision appeal, but really didn't, or doesn't know why he did if he really did. I suppose he was off his meds that night.

Klink wants to just be fair to everybody.... I think he wants to start with Sean, but if your next in line to get a permit you'll do just fine. Bend over.

Benton seeing the writing on the wall, walked a fine line. Speaking of lines he's looking for someone, anyone to cut in front as he gets that new building permit in the morning.

The only sensible person on the Council is on leave of absence.Talk about timing.

They ended up with the only logical thing they could do.... do nothing. It was a 2-2 Split and a 90day reprieve for the lot of them.

It is obvious that the Development Codes are unworkable and the General Plan is too rigid to follow. Either the law is to be administered equally or not at all. The Council needs to seriously sit down and decide if we need a complete revamp or continue with this anarchy.


Battle Over Supreme Court Pick Begins

Politics and the law intersect in Washington this week as the Senate holds confirmation hearings for President Bush's choice for the Supreme Court, federal appeals court Judge Samuel Alito. The president and both major political parties have a lot at stake in the Alito nomination.

Supreme Court appointments are for life and they often shape the historical legacies of the presidents who make them.

It is up to the Senate to confirm Supreme Court nominees after public hearings held by the Senate Judiciary Committee.

As the committee opened hearings on Judge Alito, President Bush urged his confirmation at the White House.

"He has got the judicial temperament to make sure that the court is a body that interprets the law, and does not try to write the law," said Mr. Bush. More VOA


Ethical breaches

CASSIE MACDUFF

Three little words.

That's all it would have taken for former Assemblyman Brett Granlund to remain above reproach in San Bernardino County's purchase of the Adelanto private prison.

"They're my client."

That's all he needed to say about Maranatha Corrections LLC, the owner of the prison, when he recommended to county officials that the county acquire it as a High Desert jail.

Three days before Christmas, county officials released a summary of an investigation into the county lobbyist's actions.

The investigation by Los Angeles-based lawyer Leonard Gumport found that Granlund urged county officials, including County Administrative Officer Mark Uffer, to consider buying Maranatha's prison without properly disclosing that Maranatha was also a client. More

Next week the new jail will open in Adelanto, a converted privately run jail that will offer the county 706 more beds.More

Supervisor wants report released Press-Enterprise (subscription)
Official calls for release full report San Bernardino Sun



The 26 Million Turtle March

I was spending a few hours surfing the web and came across the Joshua Tree Turtle and Tortoise Rescue website. A local grassroots, non-profit organization permitted by the State of California Department of Fish and Game to rescue and rehabilitate the endangered California Desert Tortoise. Sure enough they have all the best intentions.

But as I continued to read their intro I came across this, "During the 1920's, there were 1000 California desert tortoise per square mile in our local Mojave desert." My Bull Sh** meter went off with all the bells and whistles of a WWII Cruiser calling all hands to battle stations, Zeros Diving, Ack Ack sounding off. The Mojave Desert encompasses 26,000 square miles that means there were 26 Million frigging turtles roaming the desert with Tom Mix and William S. Hart. Someone is spreading it pretty thick don't you think?

The Great Plains had their Buffalo and the Great Mojave had their Turtle. The difference was the speed of the Stampedes. Imagine the carnage.

It must have been hell to be on a wagon train. The Pioneers would have had to stumble across the shell backs of thousands of these little critters lumbering along at 1/8 of a mile a day, just to get from one water hole to another. How would the teamsters have ever gotten traction. Clop, clop squish.

Turtle Scat would have been monumental. The “Sheepholes,” Spanish for little indentations in the earth where turtles dropped a load. As in, “Hey, Cisco watch out for that sheephole. Aah Man, you got that stinking sheep all over your shoes.”

26 million crazed and half starved turtles roaming valley to valley decimating the desert flora and endangering the desert fauna. I wonder are they the cause of the extinction of the native horse and camel? They just slowly and I mean slowly ate their compeditors out of existance.

If that kind of density was normal the local Native Americans would have had a thousand terms in their language for turtle along with hundreds of tasty campfire recipes.

How the good folks at the Joshua Tree Turtle and Tortoise Rescue came up with that number, who knows. I don't think anyone figured a guy like me would stop at that point of the read to do a little calculation. I know the The Desert tortoise is in trouble. I know we can do more to save its habitat. I know we need to all work together to save this noble animal BUT, I don't need to have my intelligence insulted (I can do that myself) with voodoo science, just tell me the little fellows need my help and I'll be there.


Here We Go Again

After 19 years of city hood the downtown area has been pretty much the victim of the old saying, “I'm from the Government and I am here to help.” What was once a vibrant business community has over the years been beat down by city planners oblivious to the realities of commerce. Now its a sleepy little area filled with empty shops.

Once again the City Planners are about to implement another “Plan.” But before they begin implementing the plan, planners, specifically the Twentynine Palms Planning Commission, would like to appease residents by holding a couple of public meetings to appear as though they are listening to the public. We've been through this before, we know how it works. You have three minutes to defend 20 or 30 years of work and toil, they have all the time in the world to figure out how to screw you out of it.

This is why they will be holding the first of a series of study sessions on the subject at the next planning commission meeting at 6 p.m. on Tuesday, Jan. 17, in council chambers at 6136 Adobe Road, south of the library.