Water project never happened
(Note: The criminal use of eminent domain chalks up another victim. The city of Escondido's mayor, Lori Holt Pfeiler, City Attorney Jeffrey Epp etc., have apparently chosen an arrogant path in a city-controlling agenda.)
March 17, 2006
By Elena Gaona, Staff Writer [email protected] or 760-737-7575 The San Diego Union-Tribune P.O. Box 120191 San Diego, California 92112-0191 619-293-1395 Fax: 619-260-5081 To submit a Letter to the Editor: [email protected] or [email protected]
Escondido, California - City officials have ended dealings with a
family that was trying to buy back land it was forced to sell to the
city 11 years ago, and plan to sell it to a developer next week instead.
Negotiations between the Redding family and the city ended yesterday
after City Attorney Jeffrey Epp sent Jane Redding a letter at her home
in Nebraska.
“The primary difference between the city's offer to you and your
counter offer is the fact you are refusing to return the city's money
with any interest earnings whatsoever,” Epp wrote in the letter, dated
March 16.
In 1995, Jane Redding, 57; her sister Ann, 64, of Los Angeles; and
their mother, Helen Redding, 94, of Point Loma sold their 10-acre parcel
off Mary Lane to Escondido for $345,000. The city had initiated
eminent-domain proceedings, saying it needed the land for a
water-reclamation project.
The parcel, at the end of Puebla Street just east of the city limits,
was bought by Helen Redding and her late husband, Marion, around 1957.
The Reddings said that after paying more than $15,000 in attorney
fees, they were advised by their attorney that they had no choice but to
sell because the city would prevail in court and condemn the property.
They say the dispute contributed to the death of Marion Redding, who
was battling prostate cancer at the time.
He died before the land was sold.
But the city's planned reclamation project never happened,
and the Reddings' parcel became unused surplus property.
A few weeks ago, the city was prepared to sell the parcel,
which has been appraised at about $700,000, to a developer for
$775,000.
After learning that the property had never been used and of
the pending sale, the Reddings contacted the city and said they wanted
it back. The city was willing, if
the price was right.
The city asked $596,000, a figure that included the original sale
price, $13,502 in property taxes since the city bought the land and
$238,000 the city says it would have earned had the money it spent on
the land been in its investment portfolio.
The Reddings offered $345,000 plus $13,502 in property taxes. They
said they were unwilling to pay the city any earnings on the
parcel because they never wanted to sell it in the first place
and because of the emotional toll the forced sale placed on the family.
The Reddings also say they received less than $207,000 for the
property after paying capital-gains taxes. The city says the original
purchase price was more than the appraised value because it included
costs the city avoided by not going to court.
Their offer didn't sit well with Escondido officials, however. Jane
Redding said the family assumed both sides would continue talking. But
city officials say they're done.
“She rejected our offer, and we rejected her offer,” Mayor Lori
Holt Pfeiler said yesterday, adding that negotiations have ended.
The Reddings' offer was “so far apart” from the developer's offer
that the family wasn't playing fair, Pfeiler said. They also appeared to
be negotiating reasonably in person, but at the same time were
expressing indignation with the city's position in news accounts of the
situation, she said.
At this point, the city must get the best return it can from the
surplus land it owns, Pfeiler said.
“The city also has constitutional and
statutory obligations to manage taxpayer funds and property in a
fiscally responsible manner,” Epp wrote in the letter
to Jane Redding.
The city plans to approve the sale of the parcel to developers Cliff
and Diane Morgan on Wednesday, Epp said in the letter.
“We're devastated,” Jane Redding said. “We're not trying to be
greedy. We're trying to say, 'Look what it has cost our family.' ”
The family plans to seek a restraining order to stop the sale,
Redding said.
“We're going to fight,” she said. “What they're doing is
immoral, and it could happen to you next.”
Copyright 2006, The San Diego Union-Tribune. http://www.signonsandiego.com/news/northcounty/20060317-9999-1mi17redd.html Additional researched, related,
recommended reading: Mayor of Escondido, California, Lori Holt Pfeiler: [email protected]
or 760-839-4610 Escondido City Attorney Jeffrey R. Epp: [email protected] [email protected] or
760-839-4608 / 760-740-9093. Fax: 760-741-7541 http://www.ci.escondido.ca.us/depts/at/index.html Top Escondido officials get pay raise September 20, 2005 By David Fried [email protected]
or 760-740-5416 The North County Times 207 East Pennsylvania Avenue Escondido, California 92025 760-745-6611 Fax: 760-432-6582 To submit a Letter to the Editor: [email protected]
(200-word limit) Escondido, California - Welcome to the big leagues. Beginning this fiscal year, City Manager Clay Phillips and City
Attorney Jeffrey Epp each received an annual raise of
$45,504, pushing their total compensation packages
up to $215,504 and into the top tier of public
employees in the county. While the 28 percent increases quietly went into effect last month,
they were negotiated as part of new work agreements the City Council
unanimously approved in July 2004. Beginning this fiscal year, the contracts tie the officials’ wages
to the average of the three highest salaries for city managers in the
county, excluding the city of San Diego. Escondido is San Diego
County’s fourth largest city in terms of population. As a result, Phillips -- who previously ranked 10th among the
region’s 18 city managers -- now ranks third on the local pay
scale, behind San Diego’s Lamont Ewell and Chula Vista’s Dave
Rowlands. Chula Vista is the county’s second-largest city, followed by
Oceanside. Epp, who was appointed in 1996 and whose salary is tied to
that of the city manager’s, becomes the highest-paid city attorney in
the county. Before the raise, Epp, who manages a team of five attorneys, ranked
last. He now rakes in $12,000 more than San Diego City Attorney Mike
Aguirre, an elected official who oversees an office of 130 attorneys. Both Epp and Phillips said that the pay
hikes make up for several years without a raise, and that in the future,
the increases would probably not be so large. “We needed to play catch-up, that’s
the reason for the bigger boost,” Epp said, adding that the council
can re-evaluate the new benchmark with each annual contract cycle. Neither official received a raise last year, but the contracts
included the formula for determining the new salaries, although they did
not specify how much the raises would end up being. The 2005-06 fiscal year budget the council approved in June did not
include the raise amount either, and lists Epp’s and Phillip’s
salaries at $165,025 each. The new salaries will be paid from a
contingency fund and won't show up in budget documents until next year. Phillips said that the final survey of local salaries was not
completed until this summer, but that ballpark figures were available
for anyone who looked at the contracts and paid attention to the
formula. “All this stuff can't be done without
public approval,” Phillips said. “And the contracts
were approved publicly.” Based on last month’s survey, Epp and Phillips
receive a base salary of $206,504, as well as a car allowance of
$9,000 each. Previously, they were paid $161,000 as well as a car
allowance, which was increased 67 percent as part of the 2004
contract. Under city policy, the new car allowance applied to the
council members, as well. City officials said the pay increases
were recognition for a job well done, and were needed to keep Escondido
competitive with neighboring jurisdictions. Mayor Lori Pfeiler said the council understood what the final
value of the Epp’s and Phillip’s raises might be when it approved
the contracts. “We expect a lot from our city manager and city attorney,”
Pfeiler said. “And if we expect a lot, we have to be on a level of
compensation that is commensurate with that sophistication.” Richard Rider, who heads San Diego Tax Fighters, a libertarian
watchdog group, called that argument “utter nonsense.” “Government pay in general has nothing to do with
performance or retention,” Rider said. “It’s just whatever they
can get away with.” Moreover, Rider said that the raises will probably have a
“leap-frog effect” as the city’s labor unions begin clamoring for
similar deals the next time they're sitting at the bargaining table. The notion of tying Escondido officials’ salaries to those of their
counterparts throughout San Diego could also result in increasingly
hefty compensation packages all around. “If there’s more than one jurisdiction that benchmarks to the
highest salaries, that can be problematic,” said Steve Jepsen,
Oceanside’s city manager, who makes $174,800. Epp’s and Phillip’s raises are the third major
compensation boost for city officials this year. The council received the same $3,600 car allowance increase as
Phillips and Epp, giving the elected officials the highest such
reimbursement of any North County city. And last week, the council approved a 30 percent raise for elected
officials, after five years without one. That raise will not take effect
until after the 2006 elections, and many on the council pointed out that
nearly half of the $3,150 increase will be offset by a state-mandated
cut in payments for some ancillary council duties. Councilman Ron Newman has criticized
the increase in auto allowance and the recent vote to raise council pay.
In this case, however, Newman said he supported the raises for the two
city officials. But he felt that the final amount should have been
divulged as part of a public dialogue at the time it took effect. “The worst thing about this, it’s
not the money,” Newman said. “When we do something like this, it
brings public trust down a couple of notches.” Copyright 2005, North County Times. http://www.nctimes.com/articles/2005/09/20/news/inland/escondido/91905194723.txt Also posted here: http://live.sdlp.org/index.php/2005/09/26/top-escondido-officials-get-pay-raise Family wants its Escondido land back March 4, 2006 By David Fried [email protected]
or 760-740-5416 The North County Times 207 East Pennsylvania Avenue Escondido, California 92025 760-745-6611 Fax: 760-432-6582 To submit a Letter to the Editor: [email protected]
(200-word limit) Helen Redding's fragile 94-year-old frame has difficulty navigating
the soft soil of the steep slope that was once an avocado grove and the
pride of her family. The city is now selling the land and the Redding family says it
should be the first in line to buy.
The Reddings sold the property to the city after the City Council
declared the land was part of a new water reclamation system. That
project, however, never came to fruition. Comments On This Story Dane wrote on March 05, 2006 7:04 PM: "Escondido
basically stole this land from this family. They should give the
land back at no charge and forfeit and monies paid to them by the
family as compensation for the trouble they put the family through.
Furthermore, the eminent domain law needs to be amended to
accommodate situations such as this, i.e., state explicitly that the
city must return the land at no additional cost regardless of
appreciation." Matt wrote on March 05, 2006 6:06 PM: "You've
got to love how (thanks to the Federal Government) now at the local
level it's even easier to "acquire" land from private
owners. Mike is right; the laws really have changed a lot in the
last few years. All of the other writers all make some very good
points;I guess our city too (like so many others) have lost sight of
"the big picture" (meaning the elected officials are
suppose to be looking out for the people who voted them in,not just
for the city itself) I wish the Redding family luck,and hope the
City of Escondido does the right thing." Escondido stinks wrote on March 05, 2006 5:22 PM: "How
wrong for them to expect to profit from this land they stole! Forced
sell is stolen no matter how much money the Reddings were paid for
it. The city of Escondido should return it free to the rightful
owners ... the city ruined the land that now needs to be given TLC
to restore. This city stinks ... rotten to the core." Josh wrote on March 05, 2006 3:35 PM: "Agreed;
Escondido is not doing the right thing here. At a minimum, they
should sell it back at the price they paid for it!" Mike wrote on March 05, 2006 9:35 AM: "The
Reddings should feel fortunate that they even have an opportunity to
get the land back, no matter what the price. In this day and
age -- of eminent domain and the schemes that are being played
out so that cities take land (after defining it as a blight) and
then resell it to the highest private developer -- the Reddings
should sign the documents ASAP. The eminent domain laws have changed
significantly these last couple of years, and the city can do
whatever they want with the land. These recent eminent domain
changes were made at the Supreme Court level and not by city
managers." Fred wrote on March 05, 2006 9:33 AM: "Ditto
... the city should GIVE the land back FREE of ALL charges for the
damages they have caused. In other words: restitution and
restoration Then they -- Escondido city of -- can fully repent
for the bad deed. This hopefully would avoid a possible lawsuit and
cover the family's lawyer bill on this issue." Jeff wrote on March 05, 2006 8:09 AM :"The
City of Escondido should be ashamed of themselves for such a
miserable offer. They used government power to steal this land, and
now are trying to make a profit on it, or at the very least, to
recover costs. This family is not responsible for the city making
bad decisions, and they should not have to pay extra for it. The
city should sell it back for the purchase price and learn a lesson
from this. This story made me sick." Kathleen wrote on March 05, 2006 7:49 AM :"How
can the City of Escondido use eminent domain to acquire land, not
use the land for its intended purpose, then turn around and sell the
land? Escondido has lost sight of the fact that cities exist to
serve the residents, not the other way around. The citizen should
not have to pay for lost investment portfolio earnings. The land was
never supposed to be an investment to begin with. Toss those corrupt
council members in Guantanamo with Duke Cunningham and throw away
the key!" Copyright 2006, North County Times. http://www.nctimes.com/articles/2005/09/20/news/inland/escondido/91905194723.txt |