April 5, 2010

Topics from the agenda committee:

1. WSJ opinion:
2. Predators and the Constitution -
3. The feds usurp another area of state law
4. WSJ: Teacher Seniority Rules Challenged - With Tens of Thousands of Layoffs Looming, Government Officials and Parents Want to Change the 'Last in, First out' System
5. WSJ opinion: California Cap-and-Trade Revolt - A ballot measure would suspend the law until joblessness falls

Re. Topic #2:

Newsweek: Schoolyard Brawl - A leading reformer and a union head square off over teacher tenure.

Reference from Andy: Time Magazine 2/8/10 page 20-“In The Arena With Joe Klein

Re. Topic #3:

References from Andy:

• WSJ 3/11/10 Page A20 “Going Green vs Going Broke”-Can CA afford this?
• WSJ 12/17/09 Page A26 “Cap & Trade in Practice” – an incentive to go overseas

Other:

KPCC Airtalk: Do climate laws hurt California's economy? The movement to repeal AB 32

Wikipedia: Cap-and-trade , compare to Fishery management

new & related - opening up ocean drilling - Newsweek: Obama's Drilling Decision

PBS Nova: The Big Energy Gamble

my own observation:

Most commentators conflate global warming (GW) with fossil fuel depletion(FFD). They're similar in two principal ways:

1. They're caused by the burning of fossil fuels (read on), and
2. They both involve a limited resource (in GW, an atmosphere low in greenhouse gases - in FFD, the quantity of oil/gas/coal left in the ground). Most of the emphasis has been on GW.

They're different in how a reduction of the resource could negatively affect civilization.

1. Global warming could take years to fully manifest.
2. A major disruption in oil supply, such as the destruction of a Saudi oil terminal, could result in world-wide chaos in a matter of days.

Even if you don't believe in man-made global warming, the other threat (FFD) remains and is the more pressing. I cannot stress enough that Global Warming is different than Fossil Fuel Depletion.

National Geographic TV: Peak Oil

Museletter: Economic History in 10 Minutes, IT’S TIME TO DEAL WITH PEAK OIL, QUACKS LIKE A DUCK…

History Channel: After Armageddon (itunes, Youtube, torrent)

The End of Suburbia (Youtube, torrent)

more:

California Watch: Business group loses ‘green’ members in global-warming fight

L.A.: Los Angeles Launches Carbon Reduction Surcharge , local NPR: Al Gore comments

March 16, 2010

Indio City Councilman Glenn Miller

March 1, 2010

The agenda committee mostly gets the topics it recommends from a perusal of major newspapers in print. For those topics, the committee has agreed to cite the articles from which its topics are derived. As always, club members are invited to suggest discussion topics to the committee.

Topic #1 alleges that the U.S. Treasury contains some $800 billion in gold, at present valuation, and has decided to part with $200 billion. The rationale for the sale did not emerge in the discussion. One participant claims that gold has little intrinsic value.

Topics #2 and #3 involved a parsing of the Second Amendment and the role of precedent before the Supreme Court of the United States. The court is hearing oral arguments these days. I wonder about the effect of the 5-4 Citizens United ruling removing limits on corporate campaign spending.

NY Times: Supreme Court Remains Divided Over Gun Control

February 15, 2010

Topic #1:

Originally in August, 2005 a policy to extract oil from the Bakken Oil Reserve (having an estimated volume of two [b]illion barrels was federally mandated. However none has been extracted to date. Why are we still dependent on Middle East oil?

• Government cannot mandate production of oil. Oil was created over eons.
• Even if completely extracted, there's not a lot there. See my calc below.
• Bakken is solid rock. Requires lots of energy to extract oil from rock. See below.
• We're dependent on Middle East oil, because the Middle East has most of the earth's remaining oil and we're utterly dependent on oil, period.

recoverable barrels in Bakken (oil shale) per USGS: ~3000 million

barrels used in U.S. each day : ~20 million

days of U.S. supply in Bakken : ~150

See also my 'peak oil' blog entry on the Bakken.

From a recent NY Times article: New School of Thought Brings Energy to 'the Dismal Science'

Through analyzing historical production data, experts say the petroleum sector's EROI (energy return on energy invested) in this country was about 100-to-1 in 1930, meaning one had to burn approximately 1 barrel of oil's worth of energy to get 100 barrels out of the ground. By the 1990s, it is thought, that number slid to less than 36-to-1, and further down to 19-to-1 by 2006.

"If you go from using a 20-to-1 energy return fuel down to a 3-to-1 fuel, economic collapse is guaranteed," as nothing is left for other economic activity, said Nate Hagens, editor of the popular peak oil blog "The Oil Drum".

See these Oil Drum posts for in-depth analysis on oil shale: here and here.

A comment I made during the meeting, I think, sums it up:

The crunch will happen very soon when there's the realization that (the physical) supply can't match demand.

The more things change, the more they stay the same.

plus ça change, plus c'est la même chose

From the L.A. Times:Before they could spout off on the airwaves, folks debated (and spit) in the open air

As for the style of the oratory, Times columnist Lee Shippey commented in 1935 that it seems "when you know a thing, you may merely speak it, but when you are rather doubtful, you must assert it so loudly as to overwhelm all opposition."

As for substance, see Slate's: Down With the People - Blame the childish, ignorant American public—not politicians—for our political and economic crisis.

February 1, 2010

Here are the announced topics as received from the agenda committee:

Opening:

Guest speaker: Joanne Leinow with the “Big Brothers and Sisters of the Desert”

Hosted by Andy Fisichelli

Followed by:

Two questions from our previous meeting that were not presented.

1. What do you think of Governor Schwarzenegger’s request for Federal money bailout so as to balance this state’s $20 billion shortfall?
2. Should Mark McGuire be excluded from the Baseball Hall of Fame due to his use of enhancement drugs?

Use of SCSH fitness equipment by minors

As a follow up on the question of allowing minors to use fitness equipment at SCSH, the following information is given for everyone’s feedback and if necessary a change in the rules to not only restrict minors from using the equipment, but to ban them completely.

The U.S. Consumer Product Safety Commission (CPSC) estimates that each year about 8,700 children under 5 years of age are injured with exercise equipment. There are an additional 16,500 injuries per year to children ages 5 to 14. Types of equipment identified in these cases include stationary bicycles, treadmills, and stair climbers. Fractures and even amputations were reported in about 20 percent of exercise equipment related injuries.

The CPSC is concerned about the severity of injuries to children, especially because the hazard may not be obvious. Therefore, the CPSC warns parents always to keep children away from exercise equipment. Never use a bike without a chain guard, and when not using the equipment, store it or lock it so children cannot get to it.

fitcommerce.com website states:

Multi-million dollar liability judgments are awarded by the courts in recreation, sport, and fitness suits each year. It is crucial that you as a professional learn to protect yourself and your business from liability for negligence - whether you are an employee, an independent contractor, a club manager, or an owner. Surround yourself with resources ranging from an attorney in whom you have confidence, to risk management materials, to further education regarding liability (often found at fitness conferences), to trained and knowledgeable employees.

Learn as much as you can about waivers - and do not assume a waiver you see in an article or one that a friend is using will protect you. Find an attorney who has experience writing fitness, sport, or recreation related waivers. Most attorneys have had little or no experience in this area. The fact that a waiver was written by an attorney is not a guarantee of its effectiveness, as evidenced by the fact that about half the waivers that fail were written by attorneys.

In an article written by John T. Wolohan 3/01/2007 he states:

As nearly everyone knows by now, in most states a well-written waiver, signed by an adult, can be an effective tool in protecting fitness and recreation providers from negligence liability. What is not so clear, however, is what happens when such waivers are entered into by a minor, or ratified by his or her parent on his or her behalf. The reason minors present such a difficult case is because as a general rule, minors can, before they reach adulthood, disaffirm any contract into which they enter. Since this general rule is not altered by a parent's signature, contracts involving minors are only enforceable if approved by a court.

The SCSH may have a signed waiver from a parent when the minor is using the fitness equipment, but this does not necessarily mean that the SCSH is completely safeguarded.

Your comments please.

Meeting notes from Monday 18th January, 2010

Items:

1. Should the Federal Government continue to subsidize Fannie Mae & Freddie Mac considering they have already received a $400 billion subsidy?
2. We have received from the HOA office three proposed changes in our operating rules and regulations for approval at the Board's meeting of January 25, 2010. What are your comments on the following items: a) fitness guest policy b) kitchen rules and procedures c) kiln room procedures.
3. Do you think President Obama's approach to using the International Atomic Energy Association (IAEA) as sanctions against Iran, in contrast to President Bush's approach for U.S. sanctions, is proper?

Notes:

1. There was considerable discussion about Fannie Mae and Freddie Mac with most in favor of continuing their existence, although nobody likes the unlimited amount of funds that will be pumped into them or the obscene amount of bonuses paid to top execs.
2. The discussion on the changes to the rules on kitchen and kiln usage were mainly common sense and the changes spelled out the rules in great detail. It was agreed that the use of the gym equipment should be restricted and all kids under 17. Health clubs have been enforcing an under 18 rule due to liability problems. Nobody likes the fact that there is a certain amount of abuse by a few individuals that make some of the fitness classes overcrowded because of the large number of guests that these individuals bring in. The use of the 50 passes was discussed and nobody was really sure that this would solve the problem.
3. The IAEA situation was discussed at length and I think that we all agreed that there is nothing we can do to stop Iran becoming a nuclear nation. We all know that the IAEA has no power and short of declaring war on Iran, we cannot stop them achieving their goals. Ben asked what right do we Americans have to dictate to sovereign nations what they can or cannot do. We would not allow it, so why should they.

The remaining items on the agenda were tabled for the next meeting on Feb 1st.

January 18, 2010

Mike Wilson, former Indio City Councilman, sent this out in advance of the Jan. 20 City Council meeting:

If you can make time please come tonight at 5pm or as soon as you can get there after to be seen and speak, if you want too, to the Council and people of Indio. The Golden Handshake should not be given to those that put Indio and us into the current financial implosion that Indio faces. We know Indio is at least 14 million in the hole and probably a lot more. The plan before the Council is a backroom, and a very dark backroom, sweetheart deal that allows those that have colluded in many hidden unthinkable acts to leave Indio with unimaginable retirements and us the Indio Taxpayers the bill for all the dirty deeds. Please forward this email to all of your contacts and friends. We need to fill the Chambers. If you think the Credit Card Debacle by Indio's leaders is bad, wait until the rest comes out. It is time to hold the Council and Administration Accountable and Responsible for their acts. While this deal will allow the Administration such as Glenn Southard, Steve Copenhaver, Dave Ison, Susan Mahoney, Tara Adams, and many, many, more to escape the embarrassment of their acts it will also leave those that are left, the rank and file hard workers, who have been here for many, many years giving of themselves to Indio's residents and earning it, the burden of most likely the biggest layoff's the City has ever seen. It appears that 40-50 more employees will have to be cut to bridge the budget gap that exists. There is no other Revenue sources that will save people. So, why should the rich get richer and the rest of us holding the bag? If people are to be laid off than lay off the "At Will" high salaried contracts first and than proceed. NO sweet deals for anyone.The Council and this Administration need to face the music just like everyone else. Thanks.

Desert Sun: 'Golden handshakes' draw comment. Ms. Pena mostly quotes the proponents.

There is more of a savings with the early retirement program than if the city were to just lay-people off because of how expensive severance pay could be with some employees, Adams said.

Thank goodness for the comments section below the article. Here are some astute remarks:

workinguy wrote:

I believe Mr. Southard is an at will employe and the council could simply discharge him, pay any accrued compensation and select a new manager with a more reasonable salary. The terms of Mr. Southard's employment should clearly call out what he is entitled to, if the council has given him anything that rembles a "Golden Handshake" then their collective judgement needs to be seriuosly examined.

and

SoundsRight wrote:

Increased contributions to PERS retirement is only a benefit to the city if the positions vacated by the recipients of the "golden handshake" are not replaced. Do you think the City Manager is not going to be replaced if he accepts the "golden handshake". Get real.

If you fill the vacated positions, you have increased the cost to the city for the enhanced retirements paid out for the life of the recipient. You are also paying for the current cost of the position filled. How does that save money?

I personally doubt that Mr. Southard and his 'lucky' cohorts would have placed themselves 'at will', given the concessions made by this gullible Council and given Ms. Adams statement about severance pay. This is a factual question. Why not merely allow Mr. Southard, so highly esteemed by this Council, to remain to the end of his contract?

Further, I wonder whether the added costs for early retirement of that contingent are entirely born by the residents of Indio or can Indio shift some of those costs to California residents outside the city?

1/27/10 update: email from Mr. Southard to Indio:

From: Glenn Southard Sent: Wednesday, January 27, 2010 2:42 PM To: City Council Cc: All City Personnel; Edward Kotkin

Subject: Retirement

I have decided to accept the Early Retirement Incentive effective April 1. This will save a significant amount of money for the city and hopefully make it easier to keep lower level employees. I will work with you on a transition plan. When I accepted the City Manager position I committed to 5 years. I have met that promise. During that time amazing and significant positive changes have been accomplished. The City of Indio has been transformed into a different place. This was achieved though vision, leadership, hard work and a great staff. The recent citizen survey shows high marks for what has been implemented. I have enjoyed the people of Indio and they will always be special to me. Gale and I will continue to live in Indio and be involved in the fabric of the community. I wish the Council and staff the best as they right size the organization to reflect the current economic realities. But make no mistake; Indio has a bright future! Bravo to all that have helped make Indio “The Place to Be”. Sincerely,

Glenn D. Southard

City of Indio

City Manager

I wonder how he could have accepted a 'golden handshake' a week before its enactment, unless the fix was in. I urge attendance at the Feb. 3 City Council meeting. See my earlier note about Indio.

The Desert Sun noticed the presumption and reported on it: Early retirement deal has yet to be approved and Indio City Manager Glenn Southard to retire.

1/29/10 update

Desert Sun: Indio to tap former finance director to 'right-size' city hall

Comments thereunder:

SoundsRight wrote:

What is the matter with those people? Why do you pay high salaries to administrative and management employees, only to have to hire a "part-time" outside consultant [at $14,000/month] to "fix" city hall? I'm sure that it is a coincidence that the consultant is a former associate of the outgoing city manager! When the taxpayers hear that they are paying "golden handshakes" to increase the retirement benefits of employees [for life]being encouraged to leave city service to "save" money, only to then hear that someone is being brought in from the outside at $14,000/month for 20 hours work per week they should be OUTRAGED.

and

carlitos wrote:

you can't even make this stuff up

2/5/10 update

Desert Sun: Indio council OKs 'golden handshakes'

Comment thereunder:

goldeng wrote:

CalPERS needs to review! Golden isn't ment for CMs! It doesn't seem to meet the requirements:

a. The member is employed in a specified job classification, department, or other organizational unit and retired within the period designated by the governing body. (The benefit CANNOT BE PROVIDED on the basis of employee organization or nonrepresented groups).

b. The governing body must certify that it is electing to be subject to the provisions of this section due to mandatory transfers, layoffs and/or demotions that constitute at least one percent of the job classification, department, or organizational unit.

c. The governing body must certify that it is the intention at the time Section 20903 becomes operative that any vacancies created by retirements under this section or at least one vacancy in any position in any department or organizational unit SHALL REMAIN PERMANENTLY UNFILLED thereby resulting in an overall reduction in the work force of such department or organizational unit.

2/4/2010 10:30:25 AM

The 3 hour Council meeting video is available, and it sheds some light on an ugly situation. Who is to blame for the mess? In one sense, we residents are, for electing a bunch of incompetents.

2/26 update: comment on No $300,000 salary for new city manager

beindio wrote:

We have Glen Southard at 300k a year. We also have 2 count em 2 assitant

city managers. Is that enough to run this huge metropolis of Indio?

No we need to hire a consultant at 14k a month to tell these 3 how to get the job done.

Geeeeez cant figure out why were broke.

I'm thinking Mr. Southard's pay is at the top in the nation for such work, a very dubious distinction, and approaching that of The President of the United States, at $400K.

January 4, 2010

Regarding Indio credit card kerfuffle:

Desert Sun: Public questions Indio's credit card use, comments on earlier article

Regarding health care reform:

Newsweek: What Health-Care Reform Will Mean for You

Regarding national ID card:

Wikipedia: Identity Documents

MSNBC: ISRAEL LAUNCHES BIOMETRIC AIRLINE SECURITY SYSTEM

5/13/2010 update: Newsweek: Immigration and IDs: A Modest Proposal

December 21, 2009

Besides the suggested topics, there was discussion about the budget deficit facing our city in present and future years. Some in the club think that SCSH residents should be better informed (through email) about city problems, and that would result in improved government. I say, don't bother. (Many would regard such email as spam.) But if you must, start a blog like the Claremont Insider. That blog has 87 posts that mention our Glenn Southard who was city manager in Claremont before arriving here. I note, however, that even intelligent blogs such as the Claremont Insider (and the bloggers who write them) run out of steam after awhile.

Indio City Council agendas, meeting packets, etc., can be read online at Indio.org.

Desert Sun: Cities, be frugal with broadcasts, Indio's credit card tab tops $805,000

• The council meets at 5 p.m. on the first and third Wednesday of the month.
• Broadcast at 9 a.m. Fridays and 8 p.m. Saturdays on TW Channels 17 and 120.

There was some discussion about the effectiveness of the $700+ billion stimulus package and where the money went. I mentioned that the well-being of our economy depends on a healthy natural world. To my mind, economics is a subset of ecology, and we place ourselves (nevermind our progeny) at great peril as we use up the world's non-renewable resources. For more on this alternative view of our global economy, visit these pages from:

NY Times, the SUNY-ESF conference, Revisiting the Limits to Growth after peak oil.

December 7, 2009, meeting

Here's the meeting announcement* from Al:

As of this date [Nov. 25], I am not sure if Councilman Miller will be with us. So we have 4 topics for discussion assuming he does not come. If he does, we will do as many as time allows.

1. Should the alleged 9/11 terrorists be subject to a military or civilian court? Why? Should the prisoners in Gitmo be housed there or should it be closed and the prisoners be brought to a prison in the U.S.?
2. Do you think that the right lane on Jefferson at the entrance to Shadow Hills be made a mandatory right turn lane? If so, should our club start a petition drive to be presented to the HOA and the city of Indio to make it happen?
3. Should the UN be reconstructed or should we just get out because it has been ineffective?

Also, 2 developer presentations are scheduled for Thursday, Dec. 3, at 4 and 5:30. Those will likely come up for discussion at our club's meeting on the 7th. ... The question came up again about the legality of golf carts driving on or crossing 40th street. One wonders if prospective buyers are informed about this unresolved problem. The executive golf course in Phase 3 opens to residents on 12/8 and to the general public in January.

CA law re golf carts: on Local Highways and Crossing Zones

November 9, 2009, meeting

Indio City Councilmember Glenn Miller was scheduled but could not attend the meeting; he was our guest speaker in April of 2008. Here are the covered topics*:

1. Should a draft system be instituted for all men and women ages 18-25 for two years to serve their country in one of the following areas: (1) armed services, (2) medical, (3) peace corps, (4) school aide, (5) community organizer in the inner cities and any other area that volunteers would be helpful. As in the draft we had during World War II, those not able to participate due to physical, mental or economic conditions could apply for an exemption. Would you be in favor of such a program? Why or why not?
2. Congress has been talking about extending the $8,000 tax credit or refund to first time home buyers. There have been proposals to also give repeat buyers who have had their home for at lease 5 years a smaller tax credit. How do you feel about this legislation?
3. Is there established law concerning holiday displays in public places, and if so, does it also apply to quasi-public places like our own community?

Regarding item #3:

Newsweek: Jesus vs. Allah

ACLU: Christmas Law

Slate: Crèche Test Dummies

Nativity scenes on public lands are illegal, rules the Supreme Court. Except when they're not.

The only reference I found in our governing documents to holiday displays is in our rules and regulations from Sept. 2007, where it states:

HOLIDAY DECORATIONS

Exterior holiday decorations are permitted. The design and quantity of the decorations shall be in good taste, and the Design Review Committee, in its sole discretion, has the right to determine if such decorations are contrary to good taste. Exterior decorations may be put up no more than ten days prior to the holiday and must be removed within five days after the holiday, with the exception of Hanukkah or Christmas exterior decorative lights, which may be present between Thanksgiving Day and January 10th of the holiday season. Holiday decorations should not cause light glare or other safety hazards related to vehicular or pedestrian traffic.

Evidently, these restrictions are meant to apply to the outside of member homes, but could be taken as a guideline to displays in common areas such as clubhouse interiors.

Notes

• We bloggers write this blog at our own behest. It contains our observations and recommended links regarding some of the topics covered at some of the club meetings.
• The club leadership chooses and announces topics in advance of meetings. If you're a community resident and would like to get meeting notices, please submit your email address at one of our meetings or join the group's mailing list at Google Group SCSHTD. Once you start getting email notices from the club, you can suggest topics in email replies to the meeting notices. Alternatively, you can give a legible paper copy of the suggested topic to any officer of the club at one of our meetings. Topics are picked by an 'agenda committee', and club members volunteer to serve on that committee.
• We apply 'labels' (or tags) to the blog entries in an attempt to categorize the topics; there's a click-able list of the labels on the right side of the blog.

November 2, 2009, meeting

Here are the announced topics*:

1. An Iraq war veteran doesn't have enough to deal with fighting sleeplessness, sudden angry outbursts, aversion to emotional intimacy and other fallouts from his post-traumatic stress disorder. His wife is being deported because she was brought to the US illegally by her mother when she was 6 years old. The veteran says his 23 year old wife is "his everything". How do you feel about this situation?
2. As you are probably aware, the White house has singled out Fox News as not a news network but rather " a wing of the Republican Party." Do you feel it is appropriate for an administration to try and silence a news organization [sic] because "they were attacking members of the administration and they were organizing political opposition on their shows?"
3. Should the Federal Government govern salaries of the top executives and officials of companies "bailout monies" and the loan remains unpaid and outstanding? Does the fact that some of these executives and officials had valid salary and bonus contracts with the companies before the "bailout loans" were made affect your opinion?
4. There has been a controversy related the H1N1 swine flu shots. Do you feel the controversy has any merit?

Regarding item #2:

Newsweek: Weisberg, Meacham

plus

The Daily Show With Jon Stewart	Mon - Thurs 11p / 10c
For Fox Sake!
www.thedailyshow.com
Daily Show Full Episodes Political Humor Health Care Crisis

For later update, see this: ‘Daily Show’ host, Fox News commentator engaged in entertaining feud