City Destroys Property Rights - What's Your City Doing?

A message from Mr. Michael Pallamary, PLS:

As many of you know, I have been battling with the City of San Diego for some time over their wanton and careless destruction of valuable survey monuments. They have essentially destroyed the cadastral network in many neighborhoods. From a surveyor’s perspective, it is quite devastating and from a home owner’s perspective, very, very costly. In many instances, property owners were required to pay a surveyor to set monuments in connection with a map filing. The city has now come in and destroyed these very same monuments. Now, the cost to replace or reset them is running into thousands and thousands of dollars.

In the Hillside Drive area discussed in this news story, I have inspected a large number of streets and maps. What has been happening is, other surveyors have come along and for one reason or another, they have opted to use other, secondary or tertiary control monuments instead of recovering the primary control monuments because they have been paved over or destroyed. I now have two disputes in this neighborhood and one is now in litigation and the other is very close, all because of confusion regarding the location of control monuments. Needless to say, it is going to get worse and expensive. I am doing the best I can to bring this problem to light. Mike Turko and I spent an hour and a half together and he has been working on this story for a week. He is going to do a follow up as he is just as upset as I am.

I am hoping other surveyors and property owners will join me in expressing their concerns about this problem. Turko and I talked about the monument preservation fund. I told him that for every one monument that is preserved using the fund, the city destroys another 100. He is going to do another story. This is a shame and under the law, it is also a crime and the city knows it. I have contacted the mayor’s office and the city attorney but they have no interest and are doing nothing. “San Diego - America’s finest city.”

Michael J. Pallamary, PLS

Principal, Pallamary and Associates

7755 Fay Avenue, Suite J

La Jolla, CA 92037

(O) 858-454-4094,

(F) 858-454-4667

www.pallamaryandassociates.com

mpallamary@pipeline.com

Monument Preservation and Perpetuation

Background:  For decades many public agencies have been lukewarm when it comes to salvaging, saving, protecting, and perpetuating survey monuments.  In Orange County California there is a push to use the threat of litigation as a mechanism to compel municipalities to address their respective survey monument preservation plan beyond the failed, "we stipulate it in the contract" that many public works directors like to point to. 

Too Many Laws

It seems that California legislators have a lot of time on their hands.  As the editorial staff of the Orange County Register aptly points out in the January 14th, 2011, Sunday paper, state legislators have been busy passing lots of new laws.

Unfortunately, this is par for Sacramento.  How many laws do we need?  Seriously, how many do we need to be reasonably safe and secure?

How about one law that repeals at least half of all laws passed in the last 10+ years. 

The Subdivision Map Act Seminar Is Back

COST: $195   

Group discounts available.  

TIME
Registration: 8:30 am
Class: 9:00 am - 4:30 pm

Includes the 2011
edition of the
Map Act Navigator
(a $49.95 value)

The California Subdivision Map Act - A One Day Seminar

COST: $195

TIME
Registration: 8:30 am
Class: 9:00 am - 4:30 pm

Includes the 2010

edition of the

Map Act Navigator

(a $49.95 value)




WHAT IS COVERED?
This seminar provides guidelines for effective use of the Subdivision Map Act. The instructors will discuss the responsibilities and powers of local agencies under the Act, as well as particular issues regarding when the Act applies.


Seminar highlights:
•Discussion of Legislative and Judicial changes in 2009
•Relationship of Map Act to other planning, zoning and development laws, and to CEQA
•When the Map Act applies (and when not)
•What kind of Map (Tentative/Final or Parcel Map) to use
•Certificates of Compliance
•Lot Line Adjustments
•Exemptions and exceptions under the Map Act
•Life of Tentative Map
•Vested Rights (including Vesting Maps, Development Agreements and Common Law Vesting)
•Exactions/Dedications/Fees
•Creative mapping approaches

WHO SHOULD ATTEND?
This seminar is designed for planners, surveyors, engineers, developers, builders, attorneys, project managers, architects, planning commissioners, council and board members, property managers, public works and utilities directors, zoning board members, and all others involved with the land use process.


This course qualifies for 6.0 hours of California MCLE credit.


Group discounts are available.


FACULTY
Michael P. Durkee
Partner



David H. Blackwell
Partner


REGISTERLOCATIONS

BAKERSFIELD
Thurs., June 24, 2010
Bakersfield Marriott at the
Convention Center
801 Truxtun Ave.
Bakersfield, CA 93301


RANCHO CUCAMONGA
Thurs., Sept. 23, 2010
Rancho Cucamonga
Community Center
Lion's Park Building
9191 Baseline Road
Rancho Cucamonga, CA 91730


SAN DIEGO
Thurs., Oct. 28, 2010
San Diego Concourse
Copper Room
202 West C Street
San Diego, CA 92101
Map

Subdivision Map Act Seminar coming soon to a location near you

WHAT IS COVERED?

This seminar provides guidelines for effective use of the Subdivision Map Act. The instructors will discuss the responsibilities and powers of local agencies under the Act, as well as particular issues regarding when the Act applies.


Seminar highlights:


•Discussion of Legislative and Judicial changes in 2009
•Relationship of Map Act to other planning, zoning and development laws, and to CEQA
•When the Map Act applies (and when not)
•What kind of Map (tentative/final or parcel map) to use
•Certificates of Compliance
•Lot Line Adjustments
•Exemptions and exceptions under the Map Act
•Life of Tentative Map
•Vested Rights (including Vesting Maps, Development Agreements and Common Law Vesting)
•Exactions/Dedications/Fees
•Creative mapping approaches


WHO SHOULD ATTEND?
This seminar is designed for planners, surveyors, engineers, developers, builders, attorneys, project managers, architects, planning commissioners, council and board members, property managers, public works and utilities directors, zoning board members, and all others involved with the land use process.



This course qualifies for 6.0 hours of California MCLE Credit.

SAN LUIS OBISPO

Thurs., May 27, 2010

REGISTER

(pay by Credit Card)

REGISTER

(pay by Check or Cash)

City/County Library

995 Palm Street

San Luis Obispo, CA 93401

Map

BAKERSFIELD

Thurs., June 24, 2010

REGISTER

(pay by Credit Card)

REGISTER

(pay by Check or Cash)

Bakersfield Marriot at the Convention Center

Salon A

801 Truxtun Ave.

Bakersfield, CA 93301

Map

RANCHO CUCAMONGA

Thurs., Sept. 23, 2010

REGISTER

(pay by Credit Card)

REGISTER

(pay by Check or Cash)

Rancho Cucamonga

Community Center

Lion's Park Building

9191 Baseline Road

Rancho Cucamonga, CA 91730

Map

SAN DIEGO

Thurs., Oct. 28, 2010

REGISTER

(pay by Credit Card)

REGISTER

(pay by Check or Cash)

San Diego Concourse

Copper Room

202 West C Street

San Diego, CA 92101

Map

The California Subdivision Map Act - A One Day Seminar

WHAT IS COVERED?

This seminar provides guidelines for effective use of the Subdivision Map Act. The instructors will discuss the responsibilities and powers of local agencies under the Act, as well as particular issues regarding when the Act applies.

Seminar highlights:
•Discussion of Legislative and Judicial changes in 2009
•Relationship of Map Act to other planning, zoning and development laws, and to CEQA
•When the Map Act applies (and when not)
•What kind of Map (Tentative/Final or Parcel Map) to use
•Certificates of Compliance
•Lot Line Adjustments
•Exemptions and exceptions under the Map Act
•Life of Tentative Map
•Vested Rights (including Vesting Maps, Development Agreements and Common Law Vesting)
•Exactions/Dedications/Fees
•Creative mapping approaches


WHO SHOULD ATTEND?
This seminar is designed for planners, surveyors, engineers, developers, builders, attorneys, project managers, architects, planning commissioners, council and board members, property managers, public works and utilities directors, zoning board members, and all others involved with the land use process.

This course qualifies for 6.0 hours of California MCLE credit.

COST: $195

TIME

Registration: 8:30 am

Class: 9:00 am - 4:30 pm

Includes the 2010

edition of the

Map Act Navigator

(a $49.95 value)


RANCHO CUCAMONGA

Thurs., Sept. 23, 2010
REGISTER (pay by Credit Card)
REGISTER (pay by Check or Cash)
Rancho Cucamonga Community Center
Lion's Park Building
9191 Baseline Road
Rancho Cucamonga, CA 91730
Map

Be a Good Scout - Be Prepared

The Washington Times reported (http://www.washingtontimes.com/news/2004/may/10/20040510-122711-8996r/) on Monday, May 10, 2004 that “Metropolitan Police officers took more than a minute longer to respond to emergency calls last year than they did in 2002, according to recent police department statistics. The statistics, contained in the department's fiscal 2005 budget performance report, show that the average response time for the highest-priority calls -- Priority 1 -- was 8 minutes, 25 seconds in fiscal 2003, up from 7 minutes, 19 seconds in fiscal 2002 and 7 minutes, 47 seconds in fiscal 2001.”

Imagine struggling with a carjacker armed with a knife and high on meth. He is trying to take your car and in the back seat is your sleeping infant.