The 29 Palms Oversight Board continues to be told that the city of 29 Palms is talking with the Department of Finance (DoF) about keeping Project Phoenix alive and using those funds sitting in the bank that were scrabbled together from a sale of Muni Bonds on it.
Well I’m calling Bullshit.
I have a continuing request to the DoF for any and all correspondence to them from the City of Twentynine Palms and any of its representatives.
Here is yesterdays email from them with attachment.
Dear Mr. O’Brien,
I am going through my Public Records Act log and was not been able to locate the information provided under your request. In an effort to ensure the information has been provided, I am attaching herein.
The Department of Finance does not have any new correspondence to or from the City of Twenty-nine Palms other than what was sent to all successor agencies on July 12, 2012 informing them we are not accepting any appeals or revised ROPS, but that we would review any disputed items during our review of the January/June 2013 ROPS.
Sincerely,
Jeanna Wimberly | Administrative Officer | California Department of Finance | office: 916.445.3274 Extension 3061 | 916.323.0488
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.
Here is what I send on a periodic basis to the DoF:
From: Dan O
Sent: Monday, July 23, 2012 7:26 AM
To: Administrative Officer
Subject: Public Records Request… Twentynine Palms ROPS
As always, Pursuant to California Public Records Act (Government Code section 6250, et seq.) We request a electronic copy of any letters of correspondence between the Department and the City of Twentynine Palms, The Successor Agency, or Oversight Board, concerning any and all communications between the City of Twentynine Palms and the Department of Finance. Please provide any and all letters, memos, or notation to any phone conversations or faxes between your Department and City Manager Richard N. Warne, A. Patrick Munoz, Matt McCleary or any other person claiming to be an official of the 29 Palms Successor Agency, City of 29 Palms or its Oversight Board, directly or indirectly, pertaining to present or proposed corrections of deficiencies and or Appeals that can be considered public record.
Please feel free to contact us at if you require any information from us. We are a local news website.
To back up what the PIO of the DoF said she sent the latest letter to all Successor Agencies: Revised ROPS and Appeals Letter issued on 7.12.12
So the next time someone tells you that the City is talking with the DoF about making Project Phoenix happen refer them to this article.
Dan, just to point something out to you about your request.
You asked for information about 3 entities; City of Twentynine Palms, The Successor Agency, or Oversight Board. The Department of Finance said that they didn’t have any correspondence to or from the “City of Twentynine Palms”.
Just saying.
I guess if you were connected to the problem this would be hard to understand.
“The Department of Finance does not have any new correspondence to or from the City of Twenty-nine Palms other than what was sent to all successor agencies on July 12, 2012 informing them we are not accepting any appeals or revised ROPS, but that we would review any disputed items during our review of the January/June 2013 ROPS”.
THE PARTY IS OVER, without selective enrichment what purpose does the city serve?
New to 29…… they are understood by the DoF as a single request…. You notice where I said:
We request a electronic copy of any letters of correspondence between the Department and the City of Twentynine Palms, The Successor Agency, or Oversight Board, concerning any and all communications between the City of Twentynine Palms and the Department of Finance.
Having phone conversations with the PIO and other requests… it is understood that ALL includes “any letters of correspondence between the Department and the City of Twentynine Palms, The Successor Agency, or Oversight Board….”
Is there anyone else here that reads my request or the DoF response as to another interpretation? Please come forward.
Just saying that it “could” be interpreted another way.
I just wanted to point out the the state “only” spoke of 1 item from your request.
Per my conversation with Zach Stacey (DOF Analyst) August 22,2012:
Project Phoenix has been denied due to lack of contracts signed prior to the deadline June 28,2011. Trailer Bill 1484 allows for bonds issued prior to December 31, 2010 to go through a process and may be used. Our bonds were not issued until 2011.
Successor Agency transferred bonds and Project Phoenix to the City and the state still maintains that Project Phoenix can not be funded by bond proceeds. The City can use its own money to fund it. The bond proceeds will sit in the bank until it is callable, possibly in 10 years.
Here one of the things that I find interesting and that Mark and I might agree on. There are “projects” going on that need to be more looked at not just Project Phoenix.
Lets look at that big ass gateway sign they want to place on National Park drive, the sidewalk installation on National Park drive, the buildings at Knotts Sky and Lucky parks, the eye sore 29! art on Hwy 62, and the many other public funds spent to…. hell I don’t know why they are spending money.
My point is, these were all things projects were never looked at by anyone except the City Manager and the City Council. If I read the development code and state law correctly, the city is in violation.
Under the City of Twentynine Palms Development Code Chapter 19.02 Authority, 19.02.100 Planning Commission. G,1,(b),i “Review public works projects.”
That means the Planning Commission are to review that crap first!!!
Under the state, California Government Code 65401 Requires that public works projects are to be reviewed by the city’s planning agency.
Public works refers to construction projects that are paid for in whole or in part out of public funds, or if private funds are used, more than 50 percent of the square footage is leased to a public entity. Because of this, there are laws regarding many aspects of the construction projects to protect the public’s interest.