laplayaheritage

Comments by laplayaheritage

Less Briggs, more potholes, says Goldsmith

http://tinyurl.com/20140630b All City Council Members and Mayor Kevin Faulconer have been failing in their elected duties, by going along with staff, not making waves, and failing to ask the right questions of staff. Everyone is still okay with hiding financial information from potential bond holders, and failing to disclose important financial information to the SEC through purposeful mis-statements in the Fiscal Year-2014 Comprehensive Annual Financial Report (FY-2014 CAFR). Including omitting the $1.67 Billion in Successor Agency debt with $600 million in Assets, and the required Health and Safety Code Section 34176.1 (f)(3) Audit which requires the City of San Diego to publish online for the first time an Annual Financial Report (AFR) detailing available Unencumbered Cash, Unencumbered Bond Proceeds, hidden Reserves, Other Funding Sources, and Excess Surplus Cash as part of the acknowledged $281 million, as of June 30, 2014, of the Successor Housing Entity’s Low Moderate Income Housing Asset Fund (LMIHAF) controlled by Civic San Diego staff. http://tinyurl.com/20141208c Everyone in the City is using the Unencumbered Successor Agency (SA) and the LMIHAF assets to create new debt in the Public Facilities Financing Plan (PFFP) for the former Redevelopment Agency projects, without a public vote through the Lease-Lease-Revenue Bonds without the required new Revenue stream, or required State approvals. Shady. The Successor Agency is a Fiduciary Component like SDCERS, and has to act in a Fiduciary capacity with limited powers to Refinance and approve Loan Modification for the existing PFFP Successor Agency debt and Pooled Financing Investment debt at historic low interest rates to save money on debt service. The City Council and Mayor Faulconer cannot create new PFFP Lease-Lease-Revenue debt for City assets, without the approval of the Oversight Board and the State Department of Finance (DOF).
— January 23, 2015 3:55 p.m.

Mark Fabiani's San Diego takedown

Page 45 of the FY-2014 CAFR documents the latest SanDiego Long Con, where Mayor Kevin Faulconer and the City Council are going to try to steal our public lands greater than 80 acres without a public vote of the people as required under City Charter Section 221. http://tinyurl.com/20140630a "Management is currently examining options to either enter into a new, market value lease of the Water Utilities parcel or to exchange the Water Utility Department parcel for a General Fund parcel of similar value." http://tinyurl.com/20100123 http://docs.sandiego.gov/citycharter/Article%20... "Section 221: Sale of Real Property. Real property owned by The City of San Diego consisting of eighty (80) contiguous acres or more, whether or not in separate parcels, shall not be sold or exchanged unless such sale or exchange shall have first been authorized by ordinance of the Council and thereafter ratified by the electors of The City of San Diego. The foregoing shall not apply to the sale or exchange of real property to a governmental agency for bona fide governmental purposes which sale or exchange was duly authorized by ordinance of the Council, nor shall it apply to properties previously authorized for disposition by the electors of The City of San Diego." The City's new City Charter Review Committee plans on erasing and deleted City Charter Section 221, so they can steal our public property for private gain, based upon a ruse.
— January 16, 2015 9:38 p.m.

Mark Fabiani's San Diego takedown

Back on April 6, 2010, Port Commission Cushman allowed Fifth Avenue Landing LLC's (FAL) Unexecuted 2008 Lease Option costing $60,000/year ($20,000/4 months) for construction of a Spinnaker Hotel and Convention Center Expansion, to be magically worth $13.5 million with no improvements. http://blogofsandiego.com/Waterfront.htm#04/05/10 http://tinyurl.com/20081202a The gift of public funds due on May 6, 2015, is also documented on Pages 51, 125, and 176 of the City's FY-2014 Comprehensive Annual Financial Report (CAFR). $12.5 million + 5.27% interest. With Long Term Liabilities totaling $13.847 million If Payment from City/Port/SDCCC to Fifth Avenue Landing LLC is not made in 4 months, the City will Default on the shady Memorandum of Understanding, and Lease Option payments. http://tinyurl.com/20140630a See Page 45 of the draft FY-2014 Comprehensive Annual Financial Report (CAFR) linked above. Qualcomm Stadium is 166 Acres in size. 84 acres to the north is owned by the City of San Diego's General Fund. The remaining 82 acres towards the San Diego River is owned by the Water Utility Department. The City is trying to steal Qualcomm Stadium from taxpayers, and exchange Water Utility Department's 82 acres, for equivalent space anywhere. This would allow the City to bypass the required public vote to sell or change exceptionally large City properties greater than 80 acres in size. Search for the word " Qualcomm " in the document where the City of San Diego somehow failed to renew the annual $15 dollar Master Lease to Qualcomm Stadium the Water Utilities Department Enterprise Fund for the last 10 years [2005 - 2015]. In 1965 a Regional County-wide Joint Powers Authority (JPA) was created between the San Diego Stadium Authority (SDSA), the City of San Diego, the County of San Diego, and the Water Utilities Department. To solve the problem of not paying immaterial lease payments, the City of San Diego's General Fund (GF) can pay the Water Utilities Department $150 dollars immediately. Problem solved. Or the City could reduce the annual fee to $1 dollar, for a total of $15 dollar to the Water Department. The lease agreement is between the City itself. Half the Qualcomm Stadium building footprint is owned by the City's General Fund. The other southern half is owned by the Water Utilities Department.
— January 16, 2015 9:37 p.m.

New sewer lines or new stadium? Your choice.

See Page 45 of the draft FY-2014 Comprehensive Annual Financial Report (CAFR) linked below. Qualcomm Stadium is 166 Acres in size. 84 acres to the north is owned by the City of San Diego's General Fund. The remaining 82 acres towards the San Diego River is owned by the Water Utility Department. The City is trying to steal Qualcomm Stadium from taxpayers, and exchange Water Utility Department's 82 acres, for equivalent space anywhere. This would allow the City to bypass the required public vote to sell or change exceptionally large City properties greater than 80 acres in size http://tinyurl.com/20140630 Search for the word " Qualcomm " in the document where the City of San Diego somehow failed to renew the annual $15 dollar Master Lease to Qualcomm Stadium the Water Utilities Department Enterprise Fund for the last 10 years [2005 - 2015]. In 1965 a Regional County-wide Joint Powers Authority (JPA) was created between the San Diego Stadium Authority (SDSA), the City of San Diego, the County of San Diego, and the Water Utilities Department. To solve the problem of not paying immaterial lease payments, the City of San Diego's General Fund (GF) can pay the Water Utilities Department $150 dollars immediately. Problem solved. Or the City could reduce the annual fee to $1 dollar, for a total of $15 dollar to the Water Department. The lease agreement is between the City itself. Half the Qualcomm Stadium building footprint is owned by the City's General Fund. The other southern half is owned by the Water Utilities Department. Page 45 of the FY-2014 CAFR documents the latest SanDiego Long Con, where Mayor Kevin Faulconer and the City Council are going to try to steal our public lands greater than 80 acres without a public vote of the people as required under City Charter Section 221. "Management is currently examining options to either enter into a new, market value lease of the Water Utilities parcel or to exchange the Water Utility Department parcel for a General Fund parcel of similar value." http://tinyurl.com/20100123 http://docs.sandiego.gov/citycharter/Article%20... "Section 221: Sale of Real Property. Real property owned by The City of San Diego consisting of eighty (80) contiguous acres or more, whether or not in separate parcels, shall not be sold or exchanged unless such sale or exchange shall have first been authorized by ordinance of the Council and thereafter ratified by the electors of The City of San Diego. The foregoing shall not apply to the sale or exchange of real property to a governmental agency for bona fide governmental purposes which sale or exchange was duly authorized by ordinance of the Council, nor shall it apply to properties previously authorized for disposition by the electors of The City of San Diego." The City's new City Charter Review Committee plans on erasing and deleted City Charter Section 221, so they can steal our public property for private gain, based upon a ruse.
— January 14, 2015 8:08 p.m.

New sewer lines or new stadium? Your choice.

Betting that Mayor Faulconer will proposed that SANDAG put forth another half-cent Sales Tax onto the 2016 Ballot as required under SANDAG Ordinance CO-12-01 for the Habitat Conservation Fund, already delayed for over 8 years. Most of the Amendments to the Transnet Ordinance and Expenditure Plan wer to extend the timeline SANDAG had to put forth a Regional Ballot Initiative for another half cent sales tax or similar by 2008 (4 years after 2004 passage), to 2010 (6 years), to 2012 (8 years), and now 2016 (12 years after 2004 passage). Ordinance CO-12-01. http://www.sandag.org/index.asp?publicnoticeid=... http://www.sandag.org/uploads/publicnoticeid/pu... The new multi-Billions in SANDAG funds could be used for any regional infrastructure project including the Convention Center Expansion and a new Stadium. SANDAG is our State- and Federally-mandated Metropolitan Planning Organization (MPO) for regional infrastructure and transportation projects. SANDAG tries to say that they can only use the multi Billions in TRANSNET tax funds for only transportation and freeway projects. This is a lie. Just like they moved the planned additional 0.5 cent tax increase required public vote back several times, the Board does have the power to change the direction of SANDAG and the funding by Amendments to the existing Transnet Extension Ordinance and Expenditure Plan projects with a 2/3 majority of both Members and weighted votes. The City of San Diego already has 40% of the weighted vote by themselves. Both Mayor Kevin Faulconer and Council Member Todd Gloria are on SANDAG's Board of Directors. http://www.sandiego.gov/mayor/pdf/memos/2014/me... The 2004 TransNet vote gave SANDAG staff a pretend legal loophole to NOT financed new projects like CEQA-level reviews of alternative sites not analyzed in the Convention Center EIR, including contiguous waterfront location, Tenth Avenue Marine Terminal, East Village, MTS Bus Station, Qualcomm, or the Sports Arena. When of course SANDAG can authorize different projects and CEQA-level EIR reviews than was put to voter in 2004 by 2/3 approval votes of SANDAG members. If the Board wanted they could move existing or future Transnet cash money in 2015 to neighborhood and regional infrastructure projects, local streets, storm water, potholes, beach sand replenishment, and transit; instead of the expansion of Freeways preferred by SANDAG staff.
— January 14, 2015 7:49 a.m.

More beach, more dog for part two of OB Noodle House

http://www.utsandiego.com/news/2015/jan/02/stae... Fido free to join you at dinner. New state law allows dogs on restaurant patios. AB-1965 Yamada http://leginfo.legislature.ca.gov/faces/billNav...
— January 3, 2015 9:56 a.m.

Attorney Mike Aguirre sues CityBeat for libel

Back in 2005, the Union Tribune came to the same conclusions as City Beat. It would take an advanced degree in Financial Law, Accounting, or Audit rules to analyze the nuances if "a particular person had the requisite scienter to violate fraud laws when conducting an illegal acts review under applicable audit rules AAU 317.10 (a), the "level of sophistication and education" is a key factor." The American Institute of CPA's AU Section 317 "Illegal Acts by Client" does not mention the words "education" or "sophistication." The first footnote references two case laws: United States v. Estate Preservation Servs, and United State v. Hempfling. http://www.aicpa.org/research/standards/auditat... INTERIM REPORT NO. 2. dated February 9, 2005. See Page 108. http://sdcityattorney.com/Interim_Reports/IR-02... http://www.utsandiego.com/uniontrib/20051016/ne... "Frye's name has popped up occasionally in Aguirre reports asserting that the City Council acted improperly by voting in 2002 for pension underfunding and benefit increases. Aguirre cast her as less-culpable, in a backhanded fashion, by dint of education. He concluded that council members who attended elite universities – Murphy graduated from Harvard and Stanford, and Councilman Scott Peters graduated from Duke – were more culpable than those who did not. Frye graduated from National University. So did Sanders."
— December 7, 2014 6:15 p.m.

The parking problem again

The City Council asked for clear guidelines on the use of Community Parking District (CPD) Revenue for landscaping, beautification projects, and Portland Loo Restroom maintenance. This audit ignored major issues and should be amended with direction from the City Council Committee before final presentation to the full City Council. http://tinyurl.com/20141120 The Audit was very forgiving and did not acknowledge that Parking District Revenue can be used for any public Infrastructure project on City Streets and Sidewalks, street cleaning. Not just to increase Parking, or to fund Park-Related Projects, or mitigate Parking Impacts as documented in the City Council Policy. As with all Fees charged by government, is the collected cash money is not spent in a timely manner, the Reserves should be paid back to citizens who used the parking meters. There were no discussions of the Excessive Reserves of $17,755,321 Unexpended in Parking Meter Revenue carried over from previous years, kept hidden by Civic San Diego staff in Successor Agency to the former RDA Reserve accounts. When the Cash money siting in the bank is not used in a timely fashion, then by State law, the excessive out-of-date Reserves should be spent immediately.
— November 17, 2014 6:25 p.m.

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