Tuesday, July 29, 2014

Blakespear on business

Letter in the Advocate:
Bureaucratic strangulation is the biggest threat facing small businesses in Encinitas today.

The Planning Department recently decided that a 2-acre, heritage avocado orchard, Coral Tree Farm, can grow crops but can’t offer low-impact community farm visits, vegetable boxes or small classes without a costly, time-consuming minor use permit. This decision is unreasonable, arbitrary, ill-defined and offers no guidelines for application to future activities.

As the pro bono attorney for Coral Tree Farm and a candidate for Encinitas City Council this fall, I am appealing this decision to the City Council.

We need city guidelines, and interpretations of those guidelines by city staff, that help small businesses to thrive and adapt instead of regulating them out of existence.

Encinitas’ over-arching legal document, the General Plan, clearly supports the business of farming. It states in section 11.10 that the city should “provide an economic advantage, where possible, to agriculture in competing with the forces of urbanization to minimize pressures to redevelop to urban land uses.”

Does requiring costly permits, prohibiting outright small Farm-to-Fork dinners and “suggesting” that Coral Tree Farm may have to construct a permanent ADA accessible bathroom, when an existing ADA accessible port-a-potty is already on site, further this goal? We should support building a community around our locally-grown food sources. It’s the natural evolution of our city’s agricultural heritage.

There is a lesson to be learned from the sad experience of “Food Truck Fridays,” where gourmet food trucks would come together downtown, on private property, to offer a wide sampling of inventive, locally produced food. After a complaint, the city staff directed the food trucks into the exact same permitting process now being asked of Coral Tree Farm. The result: No more food trucks, no more “Foodie Friday” and the loss of that creative element of our business community. They were vibrant tax-paying businesses creating a cultural event at no cost to the city who disappeared from our community.

Other types of home occupations, piano teachers for instance, can fill out a one-page form and pay $36. In contrast, the minor use permit process is so onerous and expensive (at least $1,600) it requires hiring professionals to complete it.

The City Planning staff is doing their job very effectively. And their job is to regulate. Whether businesses come or go is not their concern. But it is the concern of the City Council. Without clear direction from them, small businesses trying to farm will suffer the same suffocation by bureaucracy as the food trucks. This is not an acceptable outcome in a city with such a deep and strong agricultural history.
Interesting, and quite different than the approach taken by her backers on the council.

Sounds like she might not have voted to Keep Santa Fe Plaza Crappy.

79 comments:

  1. Well, she is their lawyer....

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  2. Blakespear needs to fact check her article.
    "They were vibrant tax-paying businesses creating a cultural event at no cost to the city who disappeared from our community."
    Vibrant and tax-paying - good combination - but the amount of tax generated by the food truck sales was never revealed.
    Cultural event - another fine descriptor - for a business on wheels.
    No cost to the city - The tangle of pedestrians crossing to the food trucks camp with cars traveling south and west on 101 was getting worse. It was a mini street fair. Some type of directing by a Sheriff's deputy was needed. That is a cost.
    Blakespear should have food trucks in front of her house for a better understanding of the issues.

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    1. Everything she said was accurate and righteous. I think we pay a flat rate to the county for sheriff services.

      Letting small local farms host events should be simple and easy, but there should be caps per event and monthly on hours and people.

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    2. 6:45 PM
      Blakespear is confused on her analogies. A small vegetable growing business by the owner of the property in Encinitas cannot and should not be compared to an influx of food trucks from all over the San Diego region.

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    3. The Institute of Justice has successfully sued; that is IJ has prevailed in lawsuits, filed in cities, which have regulations that are onerous and unfairly restrict free enterprise.

      Food trucks in Encinitas should have been allowed, as they are in many other locations, now. Visiting them was a fun part of a trip I took to Portland Oregon a few years ago. I thought they were great in Encinitas, too, before they were shut down by over-zealous staff and a gung-ho City Attorney, catering to special interests.

      I support Coral Tree Farm and its appeal to the Planning Commission, as well. Planning staff, including current Planning Director Jeff Murphy, shouldn't act with unfettered discretion to misinterpret our General Plan and Encinitas Municipal Code according to shadow policies, never vetted before Council, and particularly not before the current Council.

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    4. The food trucks were shut down by DEMA!!! They control downtown Encinitas. Strike at the heart of the beast!!

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  3. A chameleon? I don't trust her.

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  4. Why wasn't Blakespear vocal on the density bonus issue? She sat at the council meeting, visibly seen on camera, with nothing to say.

    Plenty of places to buy fresh produce around here. Just get in your car and find them.

    She does not have my vote.

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    Replies
    1. Of course you would say get in my car.....

      What a Loser

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    2. 8:00 I'm sure you get in your car to go to the grocery, or do you jump rope all the way?

      Get real.

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    3. Really!! I mean get real! I just go to my garden and get whatever fresh produce I need - organic, too!
      Car?

      - The Sculpin

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    4. 12:15 I buy all organic and don't have to have them in my backyard. Unless, of course, you have nothing better to do with your time. Most of us are too busy.

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    5. 3:54 - I'm very busy too, we all are - I just choose to have that be part of my day....besides, a little facetiousness always adds to an otherwise inane thread, don't you think?

      - The Sculpin

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    6. 5:20 Oh yes, I'm on the floor roaring with laughter.

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    7. Really 7:06? Well then you probably need to set a higher bar for yourself.....

      - The Sculpin

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  5. The biggest threat to business today in California is uncontrolled salaries and pensions of govt employees. Soon to approach 100,000 retirees with $100,000+ per year pensions. That is breaking the state budget and no high speed train will stop it.

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    Replies
    1. Encinitas is sinking in pension debt obligation - $200K/year is not uncommon. None of these council people will touch the issue.

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  6. Bravo to Waves to Ride again today. Way to go Atticus! We are fortunate to have you here. Many thanks.

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    Replies
    1. 6:27 I agree. It was a great article and a message to the city council to "do their job".

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    2. Much ado about nothing. WTR-high falooting bullshit.
      More of the. " my shit don't stink" do as I say not as I do crap from the elitist snobs that make encinitas the 8th snottyist city in America. Choke on it WTR.

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    3. 10:09 you've been reading the internets about some websites self appointed designation of Encinitas as a snobby city. How about doing something for one of the campaigns instead of trolling the internet all day. Let's try and improve Leucadia. That's why I support the Streetscape....

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    4. 10:09 Sorry the WTR blog is above your grade level. I like it and will continue to read it. Maybe you can find some picture books in the kiddie section of the Encinitas or Cardiff library.

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    5. 10:54- I've never set foot in the ugliest library in California . Cardiff library ?? They might have great books they have shitty architecture. Good Lord it's ugly. They just painted it and the rust stains still show through!! What's there to like ?? Nothing.

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    6. Um, 2:33, you decide whether or not to use a library based on its architecture? Maybe you can offer your architectural assessment of the Geisel Library at UCSD, the libraries at SDSU and CSUSM, the SD City library downtown, and the Dove and Cole libraries in Carlsbad.

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    7. 7:58 PM
      Not 2:23 PM - but the UCSD library design was more of a look at my building and don't think about the books. Walk up a long concrete sort of a Caltrans overfly to finally get to the entrance. Lots of glass for raising the inside temperature and requiring increased air conditioning.

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    8. A whole lot of concrete, which is a good insulator like adobe, and the glass lets outside light in during the day, meaning less electricity for interior lighting. After dark, more electricity for lighting and less for air conditioning.

      There's a huge volume of books inside, plus giant files of microfiche and microfilm. It's a federal depository library, with highly professional librarians who are knowledgeable and helpful.

      The biggest problem there is nowhere near enough parking.

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    9. The architectural style of the Geisel library is Brutalist. Not a charming descriptor. If the glass is darkened to prevent full sunlight from entering the interior lighting will be used during the day.

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    10. OK, don't use the library cause you don't like its looks. Don't drive the roads cause you don't like store signage and billboards alongside. Don't take the bus cause you don't like the rolling billboards on the sides. Don't ride the Coaster cause you don't like the painted cars. Don't go to the Scripps ER in an emergency because you don't like the building.

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  7. Go eat a banana Blakespear.

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  8. she seems to make more sense than the KLCC candidate. Blakespear-

    1. What is your position on the Streetscape?
    2. Do you approve of Roundabouts?
    3. Do you support Gus Vina's direction for the City and City Hall attitude?

    Answer those three questions to my satisfaction and you win my vote.

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    Replies
    1. 4. Do you want to keep Leucadia crappy?

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    2. Yes, Encinitas has a strong artistic inclination.

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    3. 4 years of Etch-A-Sketch at Palomar College paid off.

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    4. 1. Artscape/Greenscape, not cementscape.
      2. Roundabouts could be desired in some places. One lane roundabouts at three way T intersections, which dod not replace north/south stop signs, and which don't replace traffic signals aren't needed or wanted on 101 through Leucadia. Narrow diameter roundabouts, which will also funnel through them the bicycle traffic aren't wanted or needed on what was a four lane highway, major arterial and primary circulation element.
      3. We hope that any candidate won't support Gus Vina's direction for the City.
      4. Keep Leucadia funky is what locals have supported, residents and businesses alike. Roundabouts aren't funky; they are junky because they would increase back-up and gridlock during peak traffic periods, especially peak seasonal periods, would increase cut through traffic on residential streets, would slow emergency response times.

      If you want Catherine Blakespear's answers, or Julie Graboi's, you can ask them, personally, at meet and greets or at candidate forums.

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  9. She lost me when she sang the praise of the on-site port-a-potty. Too much information.

    This is a simple issue about a 2-acre farm that she has made the centerpiece of her campaign. It looks like she is making a big deal out of a small issue, and when the council votes to let the farm keep up their classes, it will make it look like they did it to give her a boost in the polls. Encinitas residents are interested in many other issues besides this.

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    Replies
    1. Let her pick a "dumb" issue and ignore what the residents want. She will surely not get elected and that is fine with me.

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    2. It's not a dumb issue. It's about property rights and our civil liberties. Anyone who owns property, or a home occupation business should care. Our city has been inconsistent for too long on interpreting and enforcing the General Plan, the Specific Plans and Municipal Code. Ever hear of discriminatory enforcement?

      Selective enforcement and inconsistent decisions by Planning have become a way of doing business for Encinitas bureaucrats, who too often seem to operate as political operatives rather than public servants.

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    3. 8:36,

      Like steam cleaning playgrounds?

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    4. Thanks Mikey

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    5. 11:52 There are more pressing issues that people really are concerned with. Blakespear might want to go for the bigger potatoes.

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  10. And the nanny state marches on -

    The City of Encinitas has established a new policy that aims to curb the potentially negative impacts that invasive plants may have on native landscapes.

    The policy regulates what types of plants are allowed on public and private property in the City. This policy only applies to new projects that are subject to the California Environmental Quality Act (CEQA) and/or a design review permit. Existing landscape projects will not be impacted by the new policy.

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    Replies
    1. Native species!!
      Native species!!

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    2. On the city's homepage -
      City Adopts Invasive Plant Policy City Adopts Invasive Plant Policy
      Fig trees are now exempt from the invasive species plant list. Other food-bearing trees and plants are eligible for exemption, too.

      What food-bearing trees and plants are eligible for exemption?
      Tomatoes, potatoes with vines that will make dogs sick if
      ingested?

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  11. If the invasive species concept is really adhered to, the majority of ornamental plants won't be salable. California natives are difficult to grow and there are very few nurseries that do grow them with any success, Here come the rock gardens of Sun City!

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    Replies
    1. Pretty true. We tried a large planting of natives in the median once and they all died. Except for the succlents the Buzz guy planted down by the donut shop (and got hell from the city).
      I like Blakespear. She's a smart lady with deep roots in Encinitas. I'm sure she means well and who knows, might be outstanding once elected. But she's a Johnny Come Lately at city hall and too unfamiliar with too many local issues in my opinion. Good for her helping Coral Tree Farms though. She's a good politician but think I'd respect her more if she didn't have to advertise her bid for council whenever she goes to the microphone at city hall.

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    2. No more Poinsettias at Christmas ???

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    3. FYI, invasive does not mean non-native.

      There are plenty of imported plants that don't escape into the canyons and crowd out native plants. The natives in our wild spaces provide food, hiding places, and shade for native criters--they evolved symbiotic relationships over millions of years.

      Non-natives are fine as long as they don't harm the backcountry.

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    4. 1:05 Right. Neither do fig trees invade canyons. Because our climate is much like the holy land, they grow well here as do olives (being on the same lattitude line).

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    5. 1:05- back country smack country. Plant what you want.
      Of course you know this means no pot....

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  12. 2:27 PM
    Fig trees and olive trees are on the invasive list. Go figure.

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    Replies
    1. 2:32, nope.

      Watch the replay of the council meeting. Olives and figs were removed from the list.

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    2. 2:32, nope.

      Watch the replay of the council meeting. Olives and figs were removed from the list.

      Delete
  13. 5:04 PM
    No, olives and figs weren't removed from the county invasive species list. The city is using the county list. Until the city makes up their own list, olive and fig trees are still banned. Staff gave the council lip service.

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  14. 10:12,

    "Olive trees and fig trees are now exempt from the invasive species plant list."

    http://www.ci.encinitas.ca.us/index.aspx?page=30&recordid=799&returnURL=%2Findex.aspx

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    Replies
    1. 6:43 AM
      The trees were removed by a oral communication NOT by deleting from the written list. Do you understand? What will people be given at the planning counter - the county list or a DVD of the council meeting?

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    2. Oh my.

      Someone likes to argue semantics.

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    3. 6:50 PM
      City hall and the council will use those semantics against residents.

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  15. I will not vote for an incumbent. They both support the loser Vina.

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    Replies
    1. You never know. They are still having closed session meetings on Vina and Sabine. One or more of the council members may have had a change of opinion on His Excellence.

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    2. Whoever supports replacing Vina gets my vote!

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    3. Why should anyone care about your vote? What makes you so special?

      Do you have a coaltion backing you to influence your wishes?

      If not, just shut up!

      All you do on this blog is say... Fire the loser Vina.

      Come up with something more substantial for your argument.

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    4. You will find out in November. Ha!

      - fire the loser Vina

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    5. 6:18pm-We all don't like loser Vina. Are you directing your lashing out to all of us who would like a well run City?

      Man- You have anger issues or work for the City or both.

      -- Stargirl

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    6. Why is that when someone who does not follow your particular line of thinking that they must be a developer, city insider or attack them personally?

      I'm do not agree with the "We all" concept that you promote. Go shoot the moon Star girl.

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  16. After all the complaining we only have 2 candidates running for office. WOW!

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  17. If this community had the the right to vote slimey gus out he would have been gone two years ago. All we have is our council to act in our favor and sadly they have continued to follow him blindly while we, their constituents, have been calling for them to wake up from that rarefied air that gus pumps into their heads and dump him. It is unbelievable that none of them can see what is so obvious to many of us who have been paying attention week after week, month after month, and year after year. To 6:18, our votes should matter, just as our opinions should regarding gus' innumerable failures of leadership and direction. Even your vote matters. Thanks for your contribution and I hope it was worth it to you to chime in from city hall during working hours that all of our taxes are paying for.

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  18. From the city website -

    If you spot graffiti in Encinitas, you can report it on the City hotline at 760-633-2751 or file a report on the City’s website. If you happen to see someone in the act of putting graffiti on property, you can call 9-1-1, as it is a crime in action.

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    Replies
    1. 15 years ago I called the city to report my property had been attacked with graffiti, the lady at the city told me I had 48 hours to remove it or the city would come down and remove it for me and fine me. She asked my address.... I hung up on her. Typical govt blame the victim.

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    2. 9-1-1- $tock$ and Muir littering public areas with campaign signs, in violation of civil codes. No action taken. Muir now on City Council, with $tock$ in the shadows. The law only applies to peasants.

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  19. WOw!!

    Now I know where that $135K is being spent. That is really alarming news.

    Well done loser Vina!!!

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  20. You could also just pull out your BB gun and pluck them in the ass.

    that might be an effective dissuasion.

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    Replies
    1. BB guns bring in the Swat Squad with M16's.

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  21. Net-zero is the new smart growth in planning circles.
    An editorial in the Palo Alto Weekly online website talks about the concerns of increasing density by the Palo Alto planning department's new concept of net-zero.
    From the editorial -
    "The staff gives examples of this "net-zero" concept: net-zero greenhouse gas emissions, net-zero new vehicle miles traveled or net-zero new potable water use. If impacts can be kept to "net zero," the staff reasons, development brings little or no downside."

    http://www.paloaltoonline.com/news/2014/08/01/editorial-skeptical-about-net-zero

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    Replies
    1. So what you are saying is govt will push up the price of gasoline so high that the public stops driving but the firefighters will then use 2 trucks to go to Von's to buy bread BUT the emmissions will be net-zero. And that makes it okay.

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  22. 2:26-

    Too funny and I agree. Its so funny that the what used to be a voluntary position on society has now become a "profession". Unions did some serious spinning and wages are off the charts.

    Just look at Muir.


    Why the fuck do they drive around in those huge trucks. They really only need a small ambulance for 90% of the calls. Its time for a serious make over of the fire department. Way to many slackers living in nice homes and retiring at full pay at 50. Please! all for a simple job.

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    Replies
    1. Need to impress the chicks at Moonlight.

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  23. Make that 98+% of the calls.

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  24. If you want to look at serious savings in the City Budget, look at the massive waste and gluttony in the Fire Princesses budget. You want proof. Just look at Muir and it says it all. Look at the endless line of employees that get promoted to Chief right before retirement to spike their pension.

    Can we afford this welfare to the lucky few lottery winners?

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  25. The road ahead must include a revamping of the costs of our FD. Bob Bonde nailed it! If anyone wants to see what results when a city lets this progress beyond reason, one only needs to watch Morgan Spurlocks' program on the demise of Stockton and its bankruptcy. Hey gus, our own mr. teflon, do you remember any of this? Included are scenes of fire dept. personnel responding to calls and in some neighborhoods where the police have been cut back and become almost lawless, the fire trucks have been pelted with rocks by citizens who blame them for their high salaries and pensions for some of the conditions with which they are all having to live under.
    So sad and preventable with a little courage by those who have the power to make a difference.

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