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Legally Speaking: Palm Springs City Attorney Edward Kotkin Answers Questions About the Budget, Transparency and Downtown RedevelopmentDecember 20 2017
For the second time in six years, Palm Springs voters have agreed to open their pocketbooks a little wider.
Measure D, voted in last November, and Measure J, approved in 2011, will bring in a total of about $20 million in tax dollars annually to the city.
One problem: Millions from Measure J were given to John Wessman, the original developer of the downtown redevelopment project, and now the subject of numerous bribery indictments along with former Mayor Steve Pougnet.
One question: Will the city seek reimbursements from Wessman if he is found guilty?
Anticipating legal issues in the wake of the bribery scandal, which culminated in an FBI raid of City Hall, Palm Springs officials hired a new city attorney, Edward Kotkin, in April. While previous city attorneys were contractors, Kotkin was brought on as a city employee, at a salary of $206,088 a year plus benefits.
Kotkin is a former Riverside County deputy district attorney who is expected to develop strategies to protect the city from potential legal troubles regarding the outcome of the Wessman-Pougnet criminal case. He came to the city with a fantastic reputation as a skilled attorney.
Here's an edited version of Kotkin's answers to my questions, done via e-mail.
If or when Wessman is convicted of the criminal charges, will you seek retribution from Wessman's companies—in other words, seek to get our taxpayer money back?
If there are convictions in the district attorney's prosecution of Messrs. Pougnet, Wessman and (Richard) Meaney, those convictions will have civil legal ramifications that the City Council will consider and act upon in its discretion. The council will always act in the best interest of the city, its residents and businesses. The city has already initiated litigation aimed at protecting the city's rights and remedies as to assets involved in transactions related to the criminal case, and will certainly continue to do so if and when the council determines that new litigation will advance the city's interests.
It seems the city's finances are always supported by yet another tax measure, but how long (will this go on)—until the next measure, or until the city's bankrupt?
There is no potential whatsoever for future increases to the local sales tax. Only a certain amount of tax can be charged at the local level, and Measure D brings the percentage of tax passed through to local government to the maximum. The city has no current plans to consider or present the voters with any additional taxes in the foreseeable future. The city manages its finances effectively, and does not foresee any potential for municipal bankruptcy.
What are the city's total annual expenditures, all funds included, and what are the annual revenues?
The city's adopted budget with respect to all funds reflects revenues of nearly $222 million, and expenditures of nearly $230 million. It is misleading and inappropriate to view or portray this data as reflecting "deficit" spending by the city. For example, revenues from past years are being applied this year, based upon the timing of projects. That creates an artificially high figure regarding expenditures. Airport customer facility charge revenue accumulated through many years of rental car fees is being spent this year on Phase 1 of a significant new airport car-rental facility. Revenues of approximately $2 million are dwarfed by project-related expenditures of $6.5 million. Further, the general fund anticipates a small surplus this year, and leaves a reserve of approximately 20 percent.
I presume that you will not frame this revenue and expenditure data in a misleading or inappropriate manner. If you do so, it will compromise your relationship with my office irreparably.
Would it (have been) possible to keep the city of Palm Springs financially afloat, (and residents safe), without Measure D? For how long?
The city of Palm Springs handles its finances in a responsible manner at all times, and will always advance the interests of its residents, businesses and visitors to the greatest extent possible, within its means. Public safety will always be a top priority for the city. Your question presumes that there is an objectively quantifiable amount of funding that will make the city "safe," and presumes that some level of public services translates to the city remaining "afloat." The city rejects your question as based upon false presumptions. The city will always be safe, and always remain afloat. More resources at City Hall equate to better public safety and more city services.
What are the city's legal tools and remedies to recoup the taxpayers' money if there is or was a developer's default, such as a prolonged timeline in finishing the additional structures (in the downtown redevelopment plans)?
The city declines to discuss legal strategies that may be employed to address any matter of city business. Doing so disadvantages the city in the event that those legal strategies must be employed. The city has made, and will continue to make, all decisions with respect to the evaluation and pursuit of the city's legal rights and remedies, as they relate to the downtown project, in the best interest of the city's residents and visitors. The city is proud of the West Elm building and store, and extremely excited about the … Kimpton Rowan hotel and related commercial locations. Your question contains a determination that the developer of the downtown project is in default. The city is the only party authorized to make that determination, and has not done so to date.
The city's budget is a complex financial package. How do you help ordinary but curious Palm Springs residents, who are not accountants, grasp where and how taxpayers' money is spent and used?
The city has implemented the OpenGov Portal (palmspringsca.opengov.com) to assist residents and other interested parties secure access to very user-friendly data regarding the city's finances. … The city adheres to Governmental Accounting Standards Board requirements and segregates funds accordingly. The city's comprehensive annual financial report is independently audited for compliance with all GASB (requirements), and all other applicable federal and state requirements.
The city claims transparency and that all of the information is out there on the site. Why, then, did the FBI raid City Hall in 2015 and seize certain records that resulted in indictments, if everything was in order?
The 2015 FBI search and seizure and the prosecution by the District Attorney's Office did not reflect systemic problems at City Hall. The allegations in this matter pertain to a single elected official, his relationship with developers, and certain specific transactions where the elected official is alleged to have violated conflict-of-interest laws. The city has provided full cooperation with law enforcement's efforts to investigate and prosecute this matter, and also initiated civil litigation to protect city rights and remedies related to the prosecution. The city has been, and remains, transparent with respect to its dealings with the developer of the downtown project. When money is spent under the PFA, an independent fund control agent and a city-retained consultant for "on-call" facility construction owner representative services help ensure the proper expenditure of all public funds through separate escrows for private and public improvements.
A Baffling Budget: Regarding Transparency and an Impending Financial Crisis, the Palm Springs City Council Has a Lot to DoNovember 22 2017
It's official: Palm Springs now has the highest sales tax in Riverside County. Thanks to newly approved Measure D, the rate will be 9.25 percent. The half-cent sales-tax hike will bring in an extra $6.7 million annually, according to estimates.
Voters in November also approved Measure E, a new tax on recreational marijuana.
These new revenues will be coming into city coffers along with, among other revenue sources, funds from Measure J, the one-cent sales tax increase approved by voters in 2011.
Measure J has indirectly led to a lot of bad publicity for the city—because some of those funds were and are being used for the now-coming-to-fruition downtown redevelopment project that was embroiled in the shady dealings that led to the arrest of developer John Wessman and former Mayor Steve Pougnet on bribery charges.
With an entirely new City Council taking office over the last two years, it's worth taking a look at those Measure J funds, as well as the whole city budget—a budget that is, according to many observers, not so transparent and very hard to understand.
Palm Springs, with 47,000 residents (and a lot of visiting tourists), has a general-fund budget of $110,130,162 for the fiscal year 2017-18. However, the city's various special funds actually total more than the general fund—bringing the total fiscal-year budget to $229,966,656, an amount confirmed by City Attorney Edward Kotkin, although he added that the amount has yet to be audited.
Figuring out what's going on with all of these special funds is nigh impossible. I spent several weeks trying to get information from the city's director of finance and treasurer, Geoffrey Kiehl. After not getting a response, I reached out to Councilman J.R. Roberts.
Roberts said there are 64 separate special revenue funds. "I had to look that up," he said.
Why are there so many funds—totaling an amount more than the general fund?
"Unlike most cities in the valley, Palm Springs has an airport, a sewer treatment plant, a convention center, etc.," Roberts said.
Of course, having so many separate funds raises questions about transparency and fiscal responsibility. Roberts responded that city's website OpenGov website is easy to navigate. He also pointed out that Measure J funds are under the strict supervision of its oversight committee.
"Once the Measure J oversight committee has made its recommendations, the money is moved to the various projects that were decided upon," he said.
However … if everything concerning the city's use of Measure J funds is clearly posted on the city website, how did the fund end up getting FBI attention, including a raid at City Hall? Robert Stone, a self-proclaimed FBI informant and constant city-government critic who unsuccessfully ran for the City Council this year, said one of the problems is that the public is only able to find out how the funds were spent after the fact.
"The Measure J funds are controlled by the city manager and the council, with recommendations from the Measure J Committee," Stone said. "The reasons behind who gets what are not always clear, and disbursements are pretty much at the discretion of the city manager for smaller disbursements, and council for the larger disbursements.
"We only find out how the funds have been administered at the end of the fiscal year," Stone said. "We never know in advance where the Measure J money is going. We only find out as the transfers are made."
As for the new Measure D funds: In their pitch to voters, city officials claimed the funds would help the city maintain essential city services, such as public safety. However, it's unclear what the city will do to handle its huge long-term pension obligations.
"Measure D does nothing to address the ongoing $220 million unfunded pension and health care liability of the city," Stone said, claiming that the burden from pension and health-care liabilities will bring the city to its knees if it does not fundamentally change the way it does business.
One common complaint about the city budget: generous salaries. In recent years, Palm Springs City Manager David Ready has been the Coachella Valley's highest-paid public official, with salary and benefits totaling more than $420,000. However, the problem extends well beyond Ready: According to TransparentCalifornia.com, 68 city of Palm Springs employees earned more than $200,000 in pay and benefits in 2016—and when these employees retire, they'll be in line for huge pensions. Councilman Roberts confirmed that former Palm Springs Police Chief Al Franz, who retired in December 2015, is receiving a pension of $189,083 per year.
In other words … when it comes to transparency and getting the city budget under control, the all-new Palm Springs City Council has a lot of work to do.
The Independent's Palm Springs City Council Candidate InterviewsOctober 26 2017
On Nov. 7, voters who live in the city of Palm Springs will go to the polls to select two new members of the Palm Springs City Council.
This election will mark a complete changing of the guard, so to speak, after the indictment of former Mayor Steve Pougnet and a couple of developers on corruption charges two years ago. The two new members will replace retiring City Council members Ginny Foat and Chris Mills, and joining three new members who were elected two years ago: Geoff Kors, J.R. Roberts and Mayor Rob Moon.
With City Manager David Ready, this new council will help guide a city that is enjoying the best of times … and, at the same time, suffering through the worst of times.
The city is more popular than ever as a tourism destination—yet it is enduring the aforementioned scandal involving its huge, signature downtown development project. Some areas, such as the Uptown Design District, are enjoying a resurgence—yet the homelessness problem continues to worsen.
The Independent's Brian Blueskye recently spoke to each of the candidates about these various issues and more. He asked them about the issue of homelessness; the new vacation-rental ordinance; the lack of affordable housing in the city; ethics and transparency;the downtown redevelopment project; and the city's relationship with the Agua Caliente Band of Cahuilla Indians. Finally, he asked each candidate whether the city is opposed to fun—a charge against the current council leveled by some, including the Cactus Hugs website.
Here's what each of the candidates had to say.
The Palm Springs City Council Candidate Interview: Christy Holstege
The Palm Springs City Council Candidate Interview: Glenn Flood
The Palm Springs City Council Candidate Interview: Henry Hampton
The Palm Springs City Council Candidate Interview: Judy Deertrack
The Palm Springs City Council Candidate Interview: Lisa Middleton
The Palm Springs City Council Candidate Interview: Robert Julian Stone
Of the six candidates running for the Palm Springs City Council this year, Robert Julian Stone is certainly the most blunt.
The author, film critic and community advocate certainly was not shy about sharing his views during a recent interview—including a conspiracy theory regarding the current City Council and two of his opponents.
But before we get to that … on the subject of homelessness, Stone was rather thoughtful and analytical. He told me the recent film The Florida Project was helpful in exposing the national problem of homelessness.
"The solution everyone talks about is the 'housing first' solution,' Stone said. "It's the best solution for a certain number of people who find themselves without homes. Maslow's hierarchy of needs states that there are three things human beings need to be productive in society: They need food; they need shelter; and they need clothing. If you take any one of those things away from them, they cannot be a productive member of society. That's the challenge that we're facing: We must provide shelter, but how you go about doing that is a very expensive proposition, because (homelessness) numbers continue to grow. The 'housing first' solution works best for people who are living one paycheck to another. When you fall out of your housing, and you've lost your job, or you have a ruined credit rating because you've been evicted, or you're unemployed—what it takes to get back in is the first month's rent, a security deposit and employment. If that's not immediately available to you, you're out on the streets. The 'housing first' model works really well. because (these people) aren't used to living on the streets, don't want to live on the streets, and want to get back into a stable situation.
"If you're talking about the people who don't want four walls and a roof over their heads, or have addiction and mental health issues—those people are more difficult to handle."
Stone said the vacation-rental situation in Palm Springs has been poorly handled.
"Airbnb is not going to go away, and it's here to stay. The thing that we need to do is figure out the best way to manage it," he said. "I don't think creating a $1.7 million-a-year bureaucracy to handle the problem was necessarily the right way to go. When Palm Springs did their big vacation rental ordinance, they did not run it through the Planning Commission; they didn't hold public hearings over a period of time. It was mostly Geoff Kors and J.R. Roberts in a back room coming up with this proposal, which went through a tumultuous unfolding when they got slapped with petitions to recall them and recall this ordinance if they didn't change it. It was badly handled, and the biggest thing they missed was they didn't do any density controls, and there's nothing that prevents 98 percent of the homes next to your home from becoming short-term vacation rentals—and that's a problem."
Stone didn't mince words on transparency—especially involving the funding for Measure J, a 1 percent sales and use tax approved by voters in 2011 that was slated to go toward city services, maintenance and redevelopment.
"They're certainly transparent on the general-fund portion, but there are dozens of other side funds that don't appear anywhere in the public forum for the city's residents to understand or (figure out) exactly what's going on with that money," he said. "The city budget is $110 million; the other dozens of other funds make up an aggregate of another $110 to $120 million—things like the airport fund, the Measure J fund, the utility tax fund, the gas tax fund—and they're run like a sideshow. They're controlled by the city manager, who dips into those funds to transfer into the general fund as he sees fit, or to transfer from the general fund into those funds when they have shortfalls. Some have income; some of them, like the golf course fund, have income and expenses. We never really get a true picture of what our budget is, because half of it is run behind a curtain, and that's a problem."
Regarding the city's relationship with the Agua Caliente Band of Cahuilla Indians, Stone said the city needs to work with the tribe in a more cooperative fashion.
"That's a very difficult question, because the city has taken a position that changes from day to day depending on the subject on the table," Stone said. "Sometimes, they say, 'They're a sovereign nation; we have nothing to do with them.' I've heard Ginny Foat articulate that many times, saying they don't get involved in their business. At the same time, we have a master plan … a bilateral agreement that both sides signed and should be adhering to. But when it comes down to enforcing it, the city never tries to. We need to invite them to the table. … If you look at the history of Palm Springs and the tribe, it's very checkered. We need to have a better agreement with the tribe; we need to have one that is neutrally supportive. With the way the downtown (redevelopment) project was handled, and the 31 counts of corruption which relate directly to the downtown plan, we can't really take the moral high ground when it comes to the tribe's property, given the way the city handled their own downtown development."
Stone is not happy with the downtown redevelopment project.
"I think the hotel is a scar on the landscape. It will always be that," he said. "If you look at the very first building near Tahquitz (Canyon Way) and Palm Canyon (Drive), that building which will house the Starbucks, that's exactly the scale we were promised: It's single story; it's a tall building, and it's a nice addition to the neighborhood. Then you look at these other buildings, and they're horrible. It's better than what we had, because what we had was terrible, but it's so much less than what we deserved."
What does the city need to do to be more transparent? Well, here's where that conspiracy theory part comes in.
"The first thing that we can do is elect me," Stone said with a laugh. "I also want to talk about where we're headed if the Lisa (Middleton) and Christy (Holstege) train pulls into the station: We are going to be doing old-school Chicago politics with Councilmember Geoff Kors in the role of Mayor Richard Daley. We're going have two people seated solely because of the support and the campaign management and campaign contributions that came from a sitting councilmember. Lisa's campaign is being run by Geoff Kors' husband. … They are the chosen two—so Geoff Kors will have the two votes he needs if they are seated, and then all bets are off, because it'll be government by Geoff Kors, for Geoff Kors and about Geoff Kors. If you think that those two women are going to do anything to oppose what he wants, you're too naive to be talking to—because that's what we're going to get, and that's very troubling, because that's not good for democracy."
When I asked Stone whether he thinks the city is opposed to fun—a criticism some have made against the current City Council—his answer, much to my surprise, involved the ethnic makeup of the city.
"They are so not fun," Stone said with a laugh. "Hell to the no on that! I'm sorry, but we have too many white people living in this town. I lived in San Francisco, and I'm used to living in a very diverse city where Caucasians were the minority. I was born and raised in Detroit, which was largely an African-American city. That's the kind of demographic I'm used to. I've lived here full time for the past 12 years, so if you don't mind me mixing metaphors: I know where the bodies are buried, and I can hit the decks running when I sit in that chair. I understand the demographic that lives here, because I'm a part of it, but I always wish there was more diversity in the community and diversity on our City Council. I'm sorry—I'm a white male, and I can't help it."
After our interview, he emailed me additional thoughts that were a bit more measured.
"Las Vegas has glitz, but Palm Springs has chill," Stone said. "And chill is cool, sophisticated, and somewhat fragile. We can't let (the city) be dragged into the vortex of beer bongs and guzzler helmets. So if the City Council may seem a bit stodgy on some points, I think it's because they have an intuitive understanding of what makes our city special, and a commitment to maintaining it."
If elected to the Palm Springs City Council, Lisa Middleton wants to be as transparent as possible, she said, while engaging with the community.
Middleton is well-known as a transgender activist, and she has an impressive work history as well; she retired after 30 years as an executive with the State Insurance Compensation Fund of California, where she was at one point the senior vice president of internal affairs. She's also a member of the Planning Commission, and was a chair of ONE-PS, the coalition of Palm Springs neighborhoods. (Full disclosure: I've known Lisa Middleton since 2013; I met her while I was a volunteer at the LGBT Community Center of the Desert.)
During an interview at her home, Middleton—who would become the first openly transgender individual elected to a non-judicial office in the state, should she win—said the city of Palm Springs is finally starting to handle the issue of homelessness in the right way. She said that the efforts of Well of the Desert and the housing programs proposed by the Coachella Valley Association of Governments are both steps in the right direction.
"The city is making progress when it comes to homelessness," Middleton said. "We have a dedicated homelessness police officer going from four days a week to seven days a week. … The two additional social workers who have been contracted with the county have produced success, and the city is trying to expand that program. One of the things we found is that it takes multiple interventions for there to be success. There have been, over the last year, 50 people who have been housed, and another 100 who have received housing. It's been because of these programs."
Middleton helped to create the ordinances and regulations on vacation rentals that were recently enacted. She said she believes they're working so far.
"I believe the reforms that were passed earlier this year were very much a step in the right direction," she said. "The restriction of no more than one (vacation rental) home per person going forward—those who have more than one now are grandfathered in—will remove the investor from the market going forward so that the people getting permits will be the individual or couple who plan to transition to full-time living in Palm Springs. … I came up with the idea through ONE-PS for that restriction. The increase in fines, I supported very strongly, but the most important change was the increase in staffing, and going from a half-time person to nine people in a department, and changing the first responder to complaints from the rental manager to someone within the city, and having them out in cars to where they're able to respond, as well as being out in cars … (so) they can monitor and drive by. The homeowners and managers are stepping up their game in the review of the people they rent their homes to, because after three strikes, you're going to lose your license, and could potentially lose your license for good. Those are steps in the right direction, and we need to give this law a chance to work."
Middleton said she intends to work with local nonprofits to increase the amount of affordable housing in the city.
"I want to work with organizations such as Desert AIDS Project and Coachella Valley Housing Coalition to build more affordable housing in Palm Springs" Middleton said. "A recommendation I've made is that … we take and change the public benefit, which is a negotiation that goes back and forth with the Planning Commission and the developer—that it be switched to the public benefit being affordable housing: Either you build a certain number of affordable housing units as part of your project, or you pay a fee to the city to be used to provide funding for other affordable housing projects, based on the value of the project you're building."
When it comes to transparency, Middleton said said being accessible and communicating with the public is important, and that she plans to regularly visit each of the neighborhoods in Palm Springs, while making herself as accessible as possible.
"One thing I think would help … is being accessible so people can ask questions and understand things," Middleton said. "Transparency is extremely important coming from someone such as myself, who managed a public-records office, and I know all of the rules as to what must be released and how it is to be released. Frequently, what I find is somebody says, 'You're not being transparent.' What they really mean is, 'I didn't know that was going on.' It's that 'I didn't know' that we need to do a better job on … (so that) it becomes easier for them to know what's going on."
Middleton said the Agua Caliente Band of Cahuilla Indians has a great relationship with the city. She cited discussions about the plans for the area around the Spa Resort Casino as an example.
"I do think that for almost everyone who was concerned when they saw that dotted line put into the Desert Sun, and then saw this first set of drawings of the new hotel, there should be great relief that the tribe is a great neighbor and has historically been a great neighbor," she said.
As a member of the Planning Commission, Middleton said she's happy the downtown redevelopment project is progressing.
"I'm thrilled that we're finally getting the hotel up and ready for occupancy, and that the leases have been signed and stores will be opening," she said. "As for the businesses up further on Palm Canyon, they feel like they've been in a construction zone for years, and this project has taken longer (than we anticipated) when we voted for Measure J in 2011. There were lawsuits that slowed down construction, and I was part of the Planning Commission that worked with the new City Council in January 2016 that reduced the scale of the overall project by 40 percent. There have been bumps in this road, and we're starting to move forward, and the vast majority of people in Palm Springs want to see that succeed.
"The Hyatt Andaz," the long-delayed under-construction project at Indian Canyon Drive and Alejo Road, "has brought up ideas for a change in the approval process. As a part of the planning and review process when the project is approved by the Planning Commission, we need to review the financial viability of the product. Nowhere in the current process do we ask a developer why they feel the project will succeed financially. That can be built into the approval process, and before someone begins construction, they should be required to demonstrate to the city that they have the funds in place to complete construction."
She believes the best way to prevent more corruption within the city government is to do reviews and make sure everyone has proper information on what they can and cannot do.
"We should sit down with them constantly and review their 700 form, asking them, 'If you work for other entities, who are these entities?'" Middleton said. "Annually, we have a very clear understanding of what they reported and why."
Middleton laughed when I asked her if she considered the Palm Springs City Council to be opposed to fun—a criticism some, such as the Cactus Hugs website, have made of the current council.
"I don't think Palm Springs is against fun," Middleton said. "I absolutely want it to be fun, and I want our city to keep its sense of humor and be able to laugh with others and at ourselves from time to time, because we need to do so. I was asked this question a few weeks ago: Is Palm Springs a small city of neighborhoods, or is it a world-class destination? The answer is both. Most people want it to be both. That happens when you set balances so you can truly have communities and neighborhoods where people feel safe, secure and quiet in their home and neighborhood—but also a side that can attract people from all over the world to come and have a good time, to go to the parties we have, to enjoy the restaurants, and to enjoy the cultural facilities."
Judy Deertrack is one of the loudest and most dedicated critics of the Palm Springs City Council—and it's no surprise that she again decided to run for a council seat, after an unsuccessful run in 2013.
However, as a voice of opposition, Deertrack—who takes credit as one of the whistleblowers regarding the corruption scandal that led to the indictment of former Mayor Steve Pougnet—is often criticized as being "against" everything and not in favor of much. Deertrack said she's aware of the criticism—but said her tone is necessary, because the city faces a danger of bankruptcy, and few people are acknowledging the dark cloud hanging over Palm Springs.
When I met with her at her campaign headquarters, she provided photocopies of various information related to the city budget and Measure J—a 1 percent sales and use tax approved by voters in 2011 that was slated to go toward city services, maintenance and redevelopment. The attorney and urban planning consultant has been one of the most vocal voices against the downtown redevelopment project; in fact, she told me she has a storage locker full of this information.
On the subject of homelessness, Deertrack said the problem is due to a lack of affordable housing. She said that the city's homelessness task force has not been effective and that the city is not devoted to resolving the homelessness issue.
"This is not just a city problem; it's a state problem," Deertrack said. "The state is behind in almost 1 million affordable housing units across the state. It's a crisis at this point. There are multiple causes, but certainly one of them was the loss in redevelopment funding. I've looked at housing throughout the valley, and the city of Palm Springs appears to be behind the other cities significantly. There hasn't been a unit of affordable housing in this city (built) in over a decade."
As for the new restrictions on vacation rentals, Deertrack mentioned a ballot initiative coming in the summer of 2018 that may decide the fate of vacation rentals—and added that residential zoning laws already define how to handle vacation rentals.
"The primary restriction is set by state law. It's also set by local law in the general plan update—a general plan that takes years of work with the community working directly with their elected officials to come up with a long term vision for growth and development," Deertrack said. "One of the first principles of residential development set by zoning laws in the state of California and all across the country is that residential zoning is primarily for residential use of a home for noncommercial purpose, with the outcome to be neighborhood peace and quiet. If you want to put in any type of commercial use, it can only be permitted under state law if you can demonstrate that by adding that … you are not creating a disturbance or not undermining the residential designation. This has been horrifically violated over time, and we have districts over in Warm Sands where you have residential zones … now with major noise problems. I support the people's vote on it."
Regarding affordable housing, Deertrack again said the city needs follow its own ordinances and plans.
"There's a housing plan (city officials) committed themselves to that they abandoned," she said. "If we do not follow the laws, there needs to be a state audit of the funds in the city, and the state needs to come in with some oversight. Following the general plan would the major part. Bringing in the state oversight due to lack of compliance—part of the problem with that is a good part of California is out of compliance. But I don't think (other cities) are out of compliance as seriously as this city is."
Transparency has been one of the key issues in Deertrack's campaign—and she almost seemed offended when I asked her about it.
"Do you know who you're asking here?" Deertrack said. "… It's very unfortunate. We got something (in the downtown redevelopment project) that is five to six times the height and density of what was advertised to pass Measure J. What happened is that they passed a bond issuance a year after Measure J was passed, where they issued $47 million to (now-indicted developer John) Wessman; $42 million went to the project; $11 million that was for the parking structure; and $32 million went into a private escrow account for Mr. Wessman with no auditing powers. To date, when a public request goes into the city, they indicate that they have no powers to check whether the money is there, how it has been used, and what portion of it is remaining."
Deertrack said she has the experience to maintain good relations with the Agua Caliente Band of Cahuilla Indians.
"I've worked in tribal affairs for over 13 to 15 years in the Taos Pueblo tribal government. My late husband was full-blooded Taos Pueblo," she said. "I was in a culture where there were 2,000 tribal people, and there were seven non-native people, and I was one of those seven. I lived in the tribe's restricted area during that entire period. It took years for them to build trust, and it took me years to build confidence and sensitivity to tribal issues, because there is a huge cultural gap. But I've had extensive training in tribal sovereignty, and I have enormous respect for tribal culture. We have tribes here that have acted as guardians of this land throughout the millenniums, and I do not intend to see us tear that to pieces."
The success or failure of the downtown redevelopment project did not seem to be something Deertrack cares about; instead, she expressed concern about the finances of the project.
"Mr. Wessman gets 100 percent of the profits as it stands and gets 100 percent of the ownership value," she said. "What he did was took the income-producing lots, and got a 75 percent rebate on bed tax over 30 years, which is unheard of. The problem with a project like that is that no one has any information as to the underlying financial structure of it."
Deertrack said the FBI public corruption task force has a 90 percent conviction rate.
"This isn't a popular thing to do, but it's a very necessary thing to do, and I've been relentless on this," she said. "The indictments (include) the names of nine to 12 people who were trading information. Some were on the Planning Commission, and some were on the City Council. … The scandal hasn't been addressed or touched in this town, and you have a candidate on the Planning Commission who is running, and no one is talking about this. Every person on that Planning Commission should have, when they knew someone was influencing their vote outside of the public-hearing process, had an ethical and legal responsibility to go to the city attorney and report misconduct, or go to the district attorney."
When I asked her about claims by some that the City Council seems opposed to fun, Deertrack managed to steer even that question toward the downtown corruption scandal.
"They've taken the fun out of my life for the past three years," Deertrack said with a laugh. "They're pretty protective of the city's party environment and its diversity. We have an extraordinary level of public events here, and it's the strength of this town. We do know how to party, and I have a background as a vocalist in Broadway and in opera, and I go out and sing all over town—restaurants, private parties, assisted living, and it's part of my donated time. That is the one thing we all have in common. We all need to clean up the other things, because (they've) created a dark cloud. There's an imminent threat of bankruptcy in this city, and nothing is going to stop the party faster than that, so we better attend to this business."
The Palm Springs City Council Candidate Interview: Henry HamptonOctober 26 2017
Henry Hampton wants you to know that Palm Springs is the city where he grew up—and that he believes in its future.
Hampton, a real estate agent, has spent a good portion of his campaign fending off claims that because he's a Republican, he's a Trump-loving conservative. Hampton's response: He said he's conservative on fiscal issues while being liberal on social issues. He has stated he does not agree with Trump on immigration and that he did not vote for the man who became the 45th president; he's said his views fit in well with Palm Springs values.
On the subject of homelessness, Hampton said the logistics and locations of services are all wrong
"I've done the most research on homelessness than any other thing," Hampton said. "I actually participated in the time and point count, which is the mechanism that determines how many people are homeless in your community. The numbers have gone up a bit, but realistically, the police department has told me there are 80 solid individuals out there on the streets. These 80 individuals—they don't really want the option out of homelessness. But you need to have a mechanism that allows people to get into that scenario to get out of it.
"Homelessness is a geographic and geocentric issue. It really has a lot to do with services. … Behind Revivals, there's a food bank, and wherever there are going to be services, that's where the homeless are going to congregate. Honestly, I think the city's model for dealing with the homeless issue—it's been flawed from the get-go. Roy's (Resource Center, which closed earlier this year) was a good thing, but it was near the freeway, and 40 percent of the budget was spent on transportation, so it was flawed. We don't have a rapid shelter. The idea (for a new shelter) now is a former fire department on Dillon Road, which is further out! Honestly, I think one of the best ideas is to have services that are all located in one spot, such as job placement, mental health, food, clothing, rapid rehousing and quick shelter."
Hampton said he believes the new vacation-rentals ordinance is effective enough.
"The ordinance that we have on the books in Palm Springs was crafted after so many conversations, so many iterations of what was right and wrong—and the community got together and put input in those discussions. Right now, we have an ordinance that doesn't make everybody happy, but it works," he said. "It limits them, because one person can only have one vacation rental; it grandfathered in the people who have more than one, but the biggest thing that it did was put teeth in the enforcement and took the enforcement away from the rental company. (Enforcement now) is a city employee who shows up and says, 'Your partying way too loud, and it doesn't work.' Somebody gets cited; they get cited three times, and a fine comes down, and you lose your permit. I've seen this play out, and they have what I call 'Vacation Rental Court.' It is a day-long exercise of fine appointed commissioners who are like jurors and people who signed up to deal with this issue, and they are like, 'Here's what you did. You didn't have a permit; you are advertising online,' and it's pretty serious where people are getting fined. There are teeth in the ordinance, but there weren't before; it was just an ordinance on the books."
On the subject of affordable housing, Hampton said the problem is significant, because many jobs in the city are in tourism-related industries that do not pay all that well, and the city is home to a lot of seniors on fixed income.
"What can we do to make sure these seniors aren't pushed out? You don't want to push a senior out on the streets," he said. "There are (apartments), but they are all rented out. So let's come up with incentives for developers to come in here and, on the few remaining parcels that happen to be left, offer some kind of incentive so they can build apartments into our housing stock and provide housing opportunities for the people who work here. I think that's important."
Like most of the other candidates, Hampton feels the city website is next to impossible to navigate.
"Transparency was a word that was coined in the last election cycle a couple of years ago," Hampton said. "Where are we now? I still don't really think we've progressed anywhere from where we were two years ago. Yeah, the budget is online now; you can see it, and it's a lot easier to understand it, so that's good. But I think that Measure J—the website for that could be updated. It's hard to get around, and when I started campaigning, I was looking on there for where meetings were and this or that, and you couldn't find what you were looking for. Creating an online presence for Measure J would be a lot more transparent for someone who works and doesn't have time to be at a Measure J meeting. That's taxpayer dollars, and everyone wants to know where they're going."
Hampton said he would be the best candidate to ensure the relationship between the Agua Caliente Band of Cahuilla Indians and the city remains strong.
"When I grew up here, the tribal council had a very strong relationship with the city government. (Former Chairman) Richard Milanovich was the go-to man for the tribe. There has to be a relationship with the tribe. I come from a background and a generation of kids who grew up here, and those kids are running the tribal council right now—people like (current Chairman) Jeff Grubbe and (Secretary/Treasurer) Vincent Gonzales. These are guys who went to high school at the same time I did. I think there's definitely an opportunity for someone like myself to have conversations with these people. I am absolutely open for it. The tribe was here first, and we were here second. We have to come to an agreement on things in this town."
Hampton is a fan of the downtown redevelopment project.
"I remember when the only thing going on down there was Hamburger Hamlet," he said with a laugh. "We'd go on Sundays and have burgers. There was a California Pizza Kitchen right next to it, and that went away, then Hamburger Hamlet went away, and then there was nothing. For me to see Blaze Pizza—I take my kids to Blaze Pizza once a week, and they love it; it's fantastic.
"I like what's going on there. All these hotels wouldn't be signing up to have a hotel in downtown Palm Springs if they didn't think they could fill the rooms."
Hampton said the corruption scandal was devastating to the city.
"This is a heartbreaking story for most people, because everybody was behind (now-indicted former Mayor) Steve Pougnet from the get-go," Hampton said. "My parents were really involved in helping him to get elected the first time. Most people would probably agree that he brought Palm Springs up to the levels we're experiencing today. When I came back in 2014, during that whole corruption-scandal thing, it was like getting kicked in the stomach. Watching the FBI come into your City Hall is also like getting kicked in the stomach. But transparency is lacking, and I think a lot of people are tuned out and don't have that opportunity (to find out what the city is doing). Most people don't want to sit in at a City Council meeting from 6 to 11:30 p.m. People want to be heard but can't speak on anything on the agenda until 11:30 p.m. What is that? That's crazy to me. Transparency is this," he said as he pointed to his cell phone. "It's about being able to see it and it being instantaneous. We need to bring it up to a level so everyone can see it."
When I asked him whether he thinks the Palm Springs City Council is opposed to fun—a criticism leveled by some in recent years—he gave a serious and matter-of-fact response.
"I think what council members are going to do is look at the issue of liability and concern," he said.
The Palm Springs City Council Candidate Interview: Glenn FloodOctober 26 2017
Glenn Flood told me at the beginning of our phone interview that one of his favorite words is "transparency."
The Navy veteran and former Pentagon employee—who has run, by far, the lowest-profile campaign of the six candidates on the Palm Springs City Council ballot—said he was aware of how to deal with waste in government agencies.
"Any bureaucracy or government institution—you look at places at where there's waste, fraud and abuse," Flood said. "… When it comes to fraud, you have to weed it out. People are using equipment for things they shouldn't or when they shouldn't, and you have to cut that out. Waste, abuse and fraud are things I would look at. If you start at the little things, you find out that the little things turn into big things. People at City Hall might be doing something they don't realize is waste, fraud and abuse—and you have to nip it in the bud before it becomes a big scandal."
On the issue of homelessness, said the city needs to take a realistic approach.
"It's a problem in the city, but it's not just a Palm Springs issue; it's a nationwide epidemic of people who are out on the streets," Flood said. "I know the city has a homelessness task force, and if I were elected, I would take a hard look at that, and I'd want to know if they have any concrete proposals on the table. If they don't, I'd put some on there relating to some of the vacant buildings in the community for those who want to have shelter. We also have to realize we can't help all of the homeless and lump (them all) into one bag thinking that (one solution) applies to everyone. There are some people out there who never want to come in off the streets, and there are some who have mental issues; some are strung out on drugs, and some are out there because of the economic situations of the times."
On the subject of vacation rentals, Flood said the existing rules and regulations don't go far enough.
"From what the people in the community tell me, it doesn't have enough teeth in it," Flood said. "We need to make sure that it has enforcement and that it has teeth. If you say that you're going to get rid of the bad apples, and that it's 'three strikes and you're out,' you have to be out.
"I don't believe we should have short-term rentals in residential areas. If you want to run a hotel, get into the area where there are hotels."
Flood said he's noticed there is not a lot of moderate- and low-income housing in Palm Springs. He believes developers need to provide plans for affordable housing as their other projects are approved.
"The developers have come into Palm Springs. You've probably noticed some construction going on, and they're building new homes, and they're starting at some really high prices based on the signage they're putting up on the developments," Flood said. "I think we should talk to the development companies who want to come in and build these high-class homes, which are fine and good. At the same time, you have to understand there's a need for moderate- and low-income housing, so we need to do something to work out a deal with them to build that. We have some vacant lots and land around town; maybe we can convert some of those. I see these buildings that used to be hotels, and maybe we could convert those to some moderate- to low-income housing. We need to look at that with a high priority, and I'm going to do that if I'm elected."
Flood said the best way to deal with transparency is to be out in the community, making sure people are engaged.
"The people I've talked to feel like they have not been represented," Flood said. "They want someone in there who is going to be fair, honest and give them information as to how their tax dollars are being spent."
While working for the Pentagon, Flood had some experience in talking to Native American tribes, he said—an important qualification for a new council member to ensure that the relationship with Agua Caliente Band of Cahuilla Indians remains intact.
"When I worked at the Pentagon, I worked on base closures. That's like a four-letter word to some communities, especially back during the '90s," Flood said. "Members of Congress would say, 'Yeah, close the bases—except the ones in my district!' I would go out into the communities and talk to the people who were impacted by the bases closing, and the fewer jobs that would be in the community. I reached out to all of the people, including tribes in areas when I was in Oklahoma, Texas and even in California. We'd reach out to them and say, 'What can you do with this land that might be vacant after the military leaves?' They'd come in and had ideas. In Palm Springs, we need communication, and we need to get out of here and talk to these people. Native Americans have been here since before we got here. Let's bring trust to the table and open the conversation. We can't control what they do, but we can put our interests across and work on it. I think communication is key."
Flood is not a fan of the redevelopment project in downtown Palm Springs. He said he was surprised when he moved here and saw it being built.
"I asked, 'How did this get approved?'" Flood said. "It looked like the rules were bent to get those buildings so close to the street. There isn't much of a walkway, and that's what you see when you walk in downtown Palm Springs. The downtown needed to be redeveloped, but I don't see us having to do this continuously like the way it's being done, and I will make sure we don't do it that way again. I'm for growth, but for smart growth, and in the right places. We don't need buildings that get started and then not finished like this monstrosity on Alejo (Road) and Indian Canyon (Drive). It's just sitting there, and it's an eyesore. If a developer wants to start a project, we make sure the developer has the money upfront and that they're going to submit a plan to the council that can be approved."
The city has been criticized by some, including the Cactus Hugs website, for being opposed to fun. What does Flood think of the accusation?
"One thing I've been telling people is that if I'm elected, I'm going to make sure Palm Springs stays safe, friendly, affordable, honest and fun," he said. "The fun part is in there, and I want to make sure the people who come here and live here continue to have fun in this city. It's a great city, and that's why I'm here. I don't want to take the fun out of Palm Springs. Let Palm Springs be Palm Springs."
As the youngest candidate running this year for the Palm Springs City Council, Christy Holstege says she has a lot to offer.
When I met with her at her campaign headquarters, she said the city needed to move forward, and added that as a millennial, she can relate to the younger people trying to start businesses in Palm Springs.
Holstege has extensive knowledge and experience in dealing with the local homeless community as an attorney. She's served on the boards of Well in the Desert and the Coachella Valley Housing Coalition, and is a member of the City of Palm Springs Homelessness Task Force.
"Homelessness is a crisis that's affecting cities nationwide," Holstege said. "Affordable housing is a crisis, especially in California, with (the state) only having a third of the housing stock that we need to house people. We haven't had any affordable housing built in Palm Springs in 10 years. The waiting lists for the two affordable-housing units in Palm Springs are three years long.
"I think we're talking about homelessness the wrong way. It's a complicated issue, and there are different groups of people who are homeless, and there are different problems and solutions for each one. We're never going to solve homelessness, and I've heard some of the other candidates say, 'I'm going to solve homelessness!' Homelessness has always existed, and we can never completely solve it; no city has ever done that in the history of the world. We need permanent supportive housing; the data shows the 'housing first' model works. There's a lot of research and are successful models out there, so we just need to adopt them in Palm Springs. We need to create incentives and recruit nonprofits that do this work and build permanent supportive housing in Palm Springs."
Regarding vacation rentals, she said the current restrictions and regulations are effective—but only as long as they are being enforced.
"It's a city-created problem in a number of ways, because we failed to enforce (regulations) on vacation rentals and waited until it was almost too late, and there was backlash from residents and neighbors," she said. "I don't think our city did enough strategic planning for the future. I supported the new (vacation-rentals) ordinance, because I think the prior problem was a lack of enforcement. The ordinance has teeth and puts an emphasis on enforcement and reasonable regulations against the bad actors."
Holstege said both affordable housing and a mixed economy are important.
"We need to grow and diversify our economy and grow and diversify our housing market; that way, one can make a living and afford to live in Palm Springs," she said. "I see that directly affecting our economy, our work force, our city's diversity and the ability to have families. I'm one of the only candidates who actually works to make a living in Palm Springs, and as a younger person, it's difficult to afford a house. My husband is born and raised third-generation in Palm Springs, and most people our age … are moving out of Palm Springs because they can't afford to live here. I'm concerned about what it's going to look like here in five years if we're losing out on people who work and have families."
When I asked her about ethics and transparency, she—like other candidates—noted that information can be hard to find on the city website. She said the city also needs to implement the suggestions of the ethics, transparency and government-reform task force.
"I think we have a lot of work to do on ethics and transparency to regain the public trust after the FBI raid and ongoing criminal investigation, and (the criminal investigation) is for the courts to decide," she said. "As a candidate, I'm not going to talk about guilt or innocence, even though other candidates are doing that, and I find it concerning. But I support the ethics and transparency government reforms that the task force spent a year working on. I believe we need to implement them right away. It's a big issue with our city, because we don't do a great job of updating the public and sharing information."
Holstege said that as an attorney, she took an oath to be ethical. She also said it's important to look forward, not backward.
"I've made ethics and transparency part of my platform; it should be part of any elected official's (platform), and we need good ethical leaders for our city," Holstege said. "We have work to do as a city to improve our oversight and transparency. We're going to have a new council, a new vision for Palm Springs, and we'll be moving forward into the future. I really want to talk about the future of our city and what we can do to build together in the next four years—that's really exciting. I don't want to spend the next four years of a potential term rehashing things that will be decided by the legal system. People are ready for it to be in the past. We had the transparency election in 2015; we've had this conversation, and a lot of us are ready to say mistakes were made. It's a big issue; it was a big issue for that elected official (Pougnet) which will be decided by a court of law, and we need to improve our transparency processes."
Holstege called the relationship between the city and the Agua Caliente Band of Cahuilla Indians complex—and said that it needs to improve.
"It's a partnership, and I think we've waxed and waned our relationship with the tribe over the past few decades," she said. "The relationship has been more strained than it has been in the past. In the past, it seemed we worked together better. We need more collaboration. That starts with reaching out to the tribe, and it starts with respect of the tribe (being a) sovereign entity that doesn't follow the rules we set for our city. They could build anything they want, essentially, so we need to work together. My concern is that we have two separate entities doing their own thing independently."
Love it or hate it, the downtown development is here to stay, Holstege said, adding that it's time to help the property be successful.
"Mistakes were made in the downtown development," she said. "The developer and the city admitted they messed up and set it way too close to the street—10 to 15 feet too close. That's a problem when people complain about the height, and part of the problem is it's just too close to the street. Generally, I think it's exciting and a good thing for our city and the local economy. I'm glad that it's going to be finished and up and running soon. I think that will be a huge boon to our city. Too often in Palm Springs, we have a vocal minority that tries to take over the conversation, and they're extremely negative. It's easy to be negative about something; it's easy to criticize, and criticism is cheap. What's harder is pointing out positive aspects and creating real solutions. I'm really excited there's going to be retail, because I want to spend my money on things a working professional in this city needs, like shoes, clothes and makeup. We really do need more retail in Palm Springs."
In recent years, the City Council has been accused of being opposed to fun, as it has enacted roadblocks to food trucks, murals and other cultural things appreciated in other cities. Holstege agreed that the Palm Springs City Council needs to lighten up and allow more innovative new forms of fun into the city.
"I think we're an incredibly fun city, and we're the funnest city in the Coachella Valley," she said. I think millennials and young people are drawn to Palm Springs in particular. I personally live here because it's fun and I like the downtown, I like the energy, and I like the vibe. But I think sometimes our council doesn't always have the voices of people who want to have other types of fun. It's a problem with diversity on our council. We don't have any young people. I think our youngest council person is 56, so I think it's a problem: We're not having fun in ways that are new and innovative, especially as technology evolves."
Blowing the Whistle: Palm Springs Government Critics Judy Deertrack and Robert Stone Take Credit for Going to the Feds—as They Launch City Council CampaignsJune 13 2017
Judy Deertrack and Robert Stone—both of whom have declared their intent to run for the Palm Springs City Council—recently disclosed that they were informants to the FBI regarding the Palm Springs City Hall corruption case.
The case has resulted in bribery charges in connection with downtown development against former Mayor Steve Pougnet and developers John Wessman and Richard Meaney.
In total, Deertrack, who is an urban lawyer, and Stone, a real estate broker and author, say they invested about 7,000 hours into collecting more than 10,000 pages of documentation.
According to Stone, he called the U.S. Attorney on the morning of April 10, 2015.
"That afternoon, I received a return phone call from Joseph Widman, U.S. attorney for Riverside County," Stone said. "He informed me that a supervisory FBI agent, Colin Schmitt, was also on the line."
Widman and Schmitt were intrigued by what they heard, Deertrack and Stone said, and an in-person interview was set up to be held about 20 days later.
"Judy and I spent 90 minutes discussing the case with Widman, Schmitt, Jorge Chavez from the DA's office and three field agents," Stone said. "The last words Schmitt said to us were: 'You have the full attention of the federal government at the highest level.'"
Deertrack explained what they found that led them to contact the authorities.
"Robert researched the mayor's income and found a defunct corporation making payments to Pougnet," she said. "Over three years, I testified to the City Council on 22 projects that appeared suspect. Eighteen of those projects are now in the indictments."
According to sources, Pougnet and Wessman hated each other, so Meaney was brought in to handle the alleged payments, because he was the mayor's friend. One of the investigators at one point called the trio "the dumbest criminals ever" because of the way the alleged incriminating payments were made—and there is a possibility that one of the three suspects might cooperate with the DA in return for immunity or a lighter sentence.
Beyond taking credit as whistleblowers, Deertrack and Stone said they couldn't comment on many specifics, as the case is still under investigation. However, they were obviously able to comment on what they'd do if elected to the Palm Springs City Council come November, when two seats will be up for grabs.
"We need to have a two-term limit," Stone said. "Eight years for the mayor, and that's it, because an absolute power corrupts."
It is worth noting that Pougnet was on the City Council from 2003 to 2007, when he was elected mayor. He served two terms and was apparently going to run for a third before deciding against it when the scandal erupted in 2015.
As for Deertrack, she said her first initiative would be to protect the city from what she called further legal and financial troubles by asking for more state and federal help.
"My very first response would be a motion for the City Council to immediately contact the FBI, U.S. attorney general and state attorney general to confer and identify any ongoing threats to funding, projects or infrastructure as a result of the 18 or so projects that appear in the indictments, and partner with these agencies on remediation," she said. She referred to the scandal that rocked the city of Bell, and said that city's remediation actions saved Bell up to $100 million.
Both said they may lose votes as a result of their reputations as whistle-blowers and frequent city-government critics. They also said that they don't fear for their safety in the wake of their criticisms.
"The intense public scrutiny is its own protection," Deertrack said. "That does not mean our role was without risk. We were cautioned at times by law enforcement to be careful."
On a lighter note, Stone, who has authored four books so far, hinted that he may write about the city corruption case one day.
"It's such a book," he said.


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Faith versus sight
'For we walk by faith, not by sight.' 2 Corinthians 5:7
Suggested Further Reading: Proverbs 31:10–31
In Scripture we often read of men who, by faith, did great exploits. 'By thee I have run through a troop: by my God have I leaped over a wall.' Now, this is a very great thing to do; and some Christians are always fixing their eyes upon exploits of faith. The apostle Paul did cut through troops and leap over walls, but in this place he speaks of the common actions of life. It is as if he said, 'I not only leap walls by faith, but I walk by faith; I not only break through troops by faith, but I go and do my business by faith.' That man has not yet learned the true spirit of Christianity who is always saying, 'I can preach a sermon by faith.' Yes, sir, but can you make a coat by faith? 'I can distribute tracts, and visit the district by faith.' Can you cook a dinner by faith? I mean, can you perform the common actions of the household, and the daily duties which fall to your lot, in the spirit of faith? This is what the apostle means. He does not speak about running, or jumping, or fighting, but about walking; and he means to tell you that the ordinary life of a Christian is different from the life of another man; that he has learned to introduce faith into everything he does. It was not a bad saying of one who said that he 'did eat and drink, and sleep eternal life.' We want not a home-spun religion, but a religion that was spun in heaven, and that will do to wear at home and about the house. 'We walk by faith.' The Muslim worships at the 'holy hour;' the true Christian calls all hours 'holy' and worships God always.
For meditation: Do you regard your Christian faith and worship as being just a matter of Sunday services and church activities? True faith should extend to what we eat, drink and wear (Matthew 6:25,30–31) and true worship should include the manner in which we eat, drink and do anything else (1 Corinthians 10:31).
Sermon no. 677 8 August (Undated Sermon)
All rights belong to the collections of Charles Spurgeon(C)


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Project B1:
Expression and function of the non-coding WISP1 transcript (lncWISP1) in fibrosis
Mirjana obtained a master degree in molecular biology at the University of Zagreb, Croatia. She works as a PhD student at the Julius-Bernstein Institute of Physiology since December 2014.
As part of the B1 project, her research will focus on a) the effect of lncWISP1 overexpression on microRNA (miR) and gene expression and b) interaction between lncWISP1 and proteins.
The alternative WISP1 transcript, lncWISP1, leads to increased formation of extracellular matrix (ECM) components such as collagens. This finding suggests a role of the WISP1 locus in fibrosis. To determine the effect of lncWISP1 overexpression on cellular phenotype and extracellular matrix formation, in particular collagen I, III, IV and fibronectin, Mirjana will use e.g. digital droplet PCR (ddPCR) and disease-specific gene arrays (focusing on genes related to fibrosis and/or epithelial-to-mesenchymal transition).
Supervisors: Prof. Dr. Michael Gekle and PD Dr. Gerald Schwerdt


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Flo Rida Sued for Skipping Out on Canadian Tour
Someone's blowing the whistle on Flo Rida. The 'Whistle' rapper is being sued by a promoter for skipping out on a tour in Canada at the last minute.TMZ reports that Spin Artist Agency had a signed contract with Flo to do a 10-show tour in Canada in summer 2011 … But that Flo never showed at all.
The suit claims that Flo was slated to perform from July 3 to July 12 in the Great White North, but that just one day before the tour's kickoff, Flo's team "wrongfully cancelled the tour." Yikes! Spin Artist Agency is now suing Flo Rida for $200,000 for loss of ticket, concession and alcohol sales.
This snafu is only the latest in Flo's legal woes. He was recently fined $7,000 for lying to a judge (ruh roh!) in a case in which he'd been accused of underpaying an assistant. The $7K went to the plaintiff's legal fees; the actual case is still pending.
Sounds like Flo may have taken Rihanna's attitude a bit too far!
Watch Flo Rida, 'Wild Ones' Feat. Sia


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It's that time again! Google has updated the developer dashboard with new platform distribution numbers, showing the current state of Android version distribution among devices that have recently checked in to the Play Store.
As expected, KitKat has grown a bit more, up to 20.9% now (vs 17.9% last month), while Jelly Bean is down from 56.5 to 54.2%. Still hanging above the 50% mark and encompassing 3 API levels, Jelly Bean is the new Gingerbread.Read More


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NEWMEDS - Novel Methods leading to New Medications in Depression and Schizophrenia - is an international consortium of scientists that has launched one of the largest ever research academic-industry collaboration projects to find new methods for the development of drugs for schizophrenia and depression.
NEWMEDS brought together top scientists from academic institutions with a wide range of expertise, and partners them with nearly all major biopharmaceutical companies. The project has focussed on developing new animal models which use brain recording and behavioural tests to identify innovative and effective drugs for schizophrenia. NEWMEDS has developed standardised paradigms, acquisition and analysis techniques to apply brain imaging, especially fMRI and PET imaging to drug development. It has examined how new genetic findings (duplication and deletion or changes in genes) influence the response to various drugs and whether this information can be used to choose the right drug for the right patient. And finally, it has developed new approaches for shorter and more efficient trials of new medication trials that may require fewer patients and give faster results.
Please press start to view a short film during the Final Meeting on the legacies of the project.


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Watch Upgrade (2018) : Full Movie Online Free A brutal mugging leaves Grey Trace paralyzed in the hospital and his beloved wife dead. A billionaire inventor soon offers Trace a cure — an artificial intelligence implant called STEM that will enhance his body. Now able to walk, Grey finds that he also has superhuman strength and agility — skills he uses to seek revenge against the thugs who destroyed his life.
|Subtitle Available
|Release Date
|Jun 01, 2018
|Action, Thriller, Science Fiction,
|Production Company
|Goalpost Pictures, Blumhouse Productions, Automatik Entertainment, Nervous Tick, Film Victoria, Universal Pictures
|Production Countries
|Logan Marshall-Green, Betty Gabriel, Harrison Gilbertson, Simon Maiden, Benedict Hardie, Melanie Vallejo, Linda Cropper, Sachin Joab, Steve Danielsen, Michael M. Foster, Clayton Jacobson
|Plot Keywords
|artificial intelligence, cyborg, future, dystopia, police, revenge, murder, cyberpunk, transhumanism, car chase, implant, near future, body enhancement,
Grey TraceLogan Marshall-Green
Detective CortezBetty Gabriel
Eron KeenHarrison Gilbertson
Stem (voice)Simon Maiden
FiskBenedict Hardie
Asha TraceMelanie Vallejo
PamelaLinda Cropper
Dr. BhatiaSachin Joab
Jeff HandleySteve Danielsen
JeffriesMichael M. Foster
MannyClayton Jacobson
SerkRichard Cawthorne
TianaRenah Gallagher
TolanChristopher Kirby
VR GuyRosco Campbell
WanRichard Anastasios
Detective (uncredited)Douglas Embry
Homeless Drifter (uncredited)Liam Howarth
Nurse HendersonEmily Havea
JamieKai Bradley


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Raymond James (RJF) says it has recruited a Wells Fargo (WFC) team, while Securities America (LTS) shared the news that one of its affiliated advisors had come back to the independent broker-dealer.
Joining Raymond James' employee channel in Blue Ash, Ohio, are advisors David Rodrigo, CFP and CPA, and Jason Goldberg, CFP. The team, which now does business as the Goldberg and Rodrigo Financial Group of Raymond James, has managed more than $100 million in client assets and had $900,000 in annual fees and commissions.
"We are pleased to welcome these successful advisors to our Blue Ash office," said divisional director Bill Roney of Raymond James, in a statement on Wednesday. "They have grown their business over the years with a strong client-first focus and attitude, a premise that aligns with our values here at Raymond James. We look forward to supporting their efforts, practice and in turn, their clients."
Goldberg has more than 16 years of industry experience and worked as an advisor at A.G. Edwards before it merged into Wachovia and then Wells Fargo Advisors. Rodrigo began his financial services career as a CPA at an international accounting firm. He joined A.G. Edwards in 2006.
"There were several things that attracted us to Raymond James," said Rodrigo, in a press release. "But to sum it up, we felt that Raymond James was going to allow us the freedom and flexibility we need to manage our practice in a way that allows both us and our clients to succeed. The firm offers access to well-known equity research, mobile technology, social media and custom websites – all components we feel will help our business grow."
Raymond James Financial has more than 6,200 financial advisors worldwide and total client assets of about $447 billion.
Securities America
The IBD, which is part of Ladenburg Thalmann, said yesterday that Paul Merz is now doing business with it again in Yakima, Wash.
Merz joined Securities America in 2006 as part of Prospera Wealth Management. He left the broker-dealer after Prospera was acquired in 2010 by a larger regional group and joined Valmark Securities.
Prior to his return to Securities America last month, Merz managed $84 million in client assets that generated more than $780,000 in annual revenue. He was with Citigroup/Smith Barney from 1998 to 2006.
"We are proud to welcome Paul Merz back to the Securities America family," said Gregg Johnson, senior vice president of branch office development and acquisitions, in a statement. "Paul is our fifth top advisor to return to Securities America in the past six months, and the reason we hear most often from these advisors is their desire to 'come home.' "
Securities America has more than 1,700 independent advisors responsible for $50 billion in client assets.
"I'm very happy and excited to be back with Securities America," said Merz, in a press release. "Before leaving, I was utilizing the Managed Opportunities platform, and I recently reached a point in my career where I want to offer my clients what I consider to be one of the best managed-money platforms available."


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000 Space Marine
THQ announces line-up for EG Expo
THQ has announced its line-up for this year's Eurogamer Expo. Folks attending the event will get hands-on time with Saints Row: The Third, WWE 12, UFC Undisputed 3 and Warhammer 40,000: Space Marine. The firm is also taking part in the event's developer sessions, with a further announcement expected in the coming weeks. The EG […]
000 Space Marine headlines
Warhammer 40,000: Space Marine dated for Europe
THQ has confirmed that Warhammer 40,000: Space Marine will be releasing on September 9 in Europe.
THQ confirms Warhammer 40k: Space Marine for August
THQ's confirmed that Warhammer 40k: Space Marine will release in August.
THQ puts out two new Warhammer 40,000: Space Marine shots
THQ has released a couple new screens for Warhammer 40,000: Space Marine. If you are an ork fan, you may wish to advert your eyes.


text: Korean Job Discussion Forums :: View topic - Looking for Speak Korean Now! Korean Job Discussion Forums"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!" FAQ Search Memberlist Usergroups Register Profile Log in to check your private messages Log in Looking for Korean Job Discussion Forums Forum Index -> Off-Topic Forum View previous topic :: View next topic Author Message white_shadowJoined: 28 Mar 2005 Posted: Sat Jun 11, 2005 9:05 pm Post subject: Looking for A good inexpensive place to buy a suit or two Air Jordans 4,5,6 to complete my brothers full set. (less than $50) A good market to buy some stuff, clothes, gifts, etc (I'm in Seoul) A good dermatologist Back to top Tiger BeerJoined: 07 Feb 2003 Posted: Sat Jun 11, 2005 9:56 pm Post subject: itaewon. Back to top Display posts from previous: All Posts1 Day7 Days2 Weeks1 Month3 Months6 Months1 Year Oldest FirstNewest First Korean Job Discussion Forums Forum Index -> Off-Topic Forum All times are GMT - 8 Hours Page 1 of 1 Jump to: Select a forum Forums:----------------FAQJob-related Discussion ForumGeneral Discussion ForumOff-Topic ForumTravel ForumCurrent Events ForumTechnology ForumBuy/Sell/Trade Forum You cannot post new topics in this forumYou cannot reply to topics in this forumYou cannot edit your posts in this forumYou cannot delete your posts in this forumYou cannot vote in polls in this forum This page is maintained by the one and only Dave Sperling. Contact Dave's ESL Cafe Copyright © 2018 Dave Sperling. All Rights Reserved. Powered by phpBB © 2001, 2002 phpBB Group TEFL International Supports Dave's ESL Cafe


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Complete Story
Broadcasters Battling for Cable Fees
By: Brian Stelter, The New York Times
The News Corporation is threatening to remove its Fox stations from Time Warner Cable systems at the end of this week if the cable company does not agree to pay sizable subscriber fees, the same way it does for cable channels. In negotiations, the News Corporation is pushing for about $1 a month for each subscriber, potentially setting a precedent for broadcasters that are seeking a new revenue stream to offset advertising declines.
Time Warner Cable is playing hardball, running an advertising campaign to prepare viewers for the prospect of a January without college bowl games or "American Idol." The company's so-called retransmission agreements covering Fox's stations in New York, Los Angeles, Dallas, Orlando and other cities expire on Dec. 31.
Fights over retransmission affect every person who pays for television, because the fees are ultimately added to monthly bills. It will "without a doubt translate to increasing costs for consumers that buy packages of programming," said Melinda Witmer, the chief programming officer for Time Warner Cable. (It announced annual rate increases for customers this month.)
The News Corporation is demanding the money on behalf of its 27 owned stations, but it is also pressuring about 150 affiliates for a share of their retransmission payments.
The public posturing is the clearest sign yet that the owners of Fox, CBS and other over-the-air networks are demanding substantial amounts from the cable operators that carry their content into millions of homes.
For most of the last two decades, the owners of networks effectively gave away the retransmission rights for their stations in exchange for prime positions on cable systems. Now, however, beleaguered networks and their affiliates want direct payments for their programming. Cable channels like TNT and ESPN operate the same way; they make money both from advertising and from subscriber fees.
Some over-the-air stations started to wring fees out of smaller carriers several years ago. For stations, the fees normally amount to nickels, dimes and occasionally quarters for each subscriber each month. But Fox is asking for much more.
The companies declined to comment about the specifics to the negotiations, but people close to the matter confirmed the $1 demand by Fox's owned and operated stations.
"Time Warner packages and resells our signal for its customers, and they make a lot of money doing it. We simply want to seek fair compensation for that," said Mike Hopkins, Fox's president of affiliate sales and marketing.
Mr. Hopkins says the dispute is part of a larger negotiation with Time Warner Cable that also involves some of the News Corporation's cable channels, like FX and the Speed Channel.
The talks — which are about to start in earnest in Los Angeles — pit Glenn A. Britt, the chief executive of Time Warner Cable, against Chase Carey, the new president and chief operating officer of the News Corporation.
Mr. Carey has experience on the other end of the table: he ran DirecTV, the satellite distributor, until last June. He has said publicly that Fox is worth $5 a month, given its sports programming and prime-time hits. That would make Fox even more valuable than ESPN, the most costly cable channel, which earns about $4 for each subscriber.
"We realize this is going to be a tough challenge," Rupert Murdoch, the chairman of the News Corporation, told investors two months ago, "but we're determined to take a leadership position in creating an economic template for the future."
In an assessment last week, the Miller Tabak analyst David C. Joyce said the talks were "precedent-setting" for Fox. Some analysts believe the companies will reach a compromise of 50 to 60 cents for each subscriber.
Satellite operators like the Dish Network and telecommunications companies like Verizon have generally been more willing than cable operators to compensate local stations, television executives say. But in the last year, CBS reached significant deals with Time Warner Cable and Cablevision. CBS reportedly receives up to 50 cents for each subscriber, although the deals vary.
"The world has acknowledged that networks deserve to get paid for their content like cable networks get paid," saidLeslie Moonves, the chief executive of the CBS Corporation, who has been the industry's most vocal supporter of retransmission fees.
Mr. Moonves said he expected CBS's owned stations would earn $200 million to $250 million in retransmission revenue by 2012. All the networks are talking about retransmission "in a much more pertinent manner right now," Mr. Moonves said.
The amount paid by cable, satellite and telecommunications operators "has grown by double digits" for each of the last three years, said Justin Nielson, an analyst for the research firm SNL Kagan. He projects that stations will earn $933 million in retransmission fees next year, up from $739 million this year.