Friday, May 11, 2012

Can It Be that Measure V's Best Friend is the Developer's Attorney?

It is going to be hard for the City Council to try and deny the residents a Measure V vote on the Kensington. What would normally be the popular assumption, that such a denial would have to be done on behalf of the developer in order to protect a project from Sierra Madre's residents, just doesn't apply here. In this case it is the developer that wants this vote to happen, as do most of the people in town. Including the Planning Commission. It is City Hall that has become the reluctant partner. Which is quite an unprecedented event if you think about it. You really do have to wonder why that is.

While it is true that there is a November target date for this vote, somehow it just doesn't feel like it is getting any closer. There is a degree of frustration beginning to filter into this process. You could see that in the demeanor of Billy Shields as this meeting drew to a close. He was not happy.

The attorney arguing on behalf of the developer for a Measure V vote on this project was Scott Jenkins of the Pasadena law firm Hahn & Hahn. Scott argued that should the ALF be zoned commercial there would be no requirement for a General Plan amendment, nor would there be any requirement for a zoning change amendment either. Which would in effect slice off a big potential chunk of the kinds of shady shenanigans larded into the City's proposed Kensington Specific Plan.

As Jenkins explained, should the project then go forward to the City Council, all that would then remain would be for the ballot language of a Measure V vote to be crafted. The question that would be put before the voters being whether or not they would want to allow density greater than 13 units on only those two involved parcels. Which, by most accounts, would result in a majority 'yes' vote. Those two parcels would then have their paperwork amended to reflect the popular will of the people, and then the Kensington would be built.

This project is popular out there where the sandals meet the sidewalk. You can only hope that the time is drawing near when the people will get to show their support for this project through a Measure V vote.

The Planning Commission responded by voting to not zone the ALF as institutional. Instead choosing to designate the project commercial, with an R3 residential zoned area in the back. Which in effect thankfully cleared out some of the Colantuono and Levin logjams, as there would now be no need to amend the General Plan, or make complicated zoning changes. Which are the detail laden places where the devil has chosen to reside.

If only things had stopped there, things would look a whole lot better this morning.

There were two schools of thought at public comment last night. Both were positive. There were those who took a more emotional route, pleading that the project go forward because it would, by and large, allow Sierra Madre residents to put their elderly loved ones into a care facility that is in town. Many living here do have family in such facilities already, but in places that are far away. This would allow their loved ones to stay in the community, and close to family.

The other centered around the concern for Measure V. Well informed and articulate, these were people who in large part favor the project, but are also very concerned about the long series of contrived City Hall subterfuges that give all the appearance of being attempts to undercut the developer's desire for a Measure V vote. And if so (and by the way I agree with that assessment), it just might be the first time our the current City Hall regime has worked against the wishes of a developer. Again, you really do have to wonder why.

Things went downhill from there, however. Citing the demands of the current General Plan, the Planning Commission began a long discussion about the need to impose commercial overlays onto the project. The General Plan of 1996 is fairly specific about the need to keep the commercial area of our City commercial, and not just another place in town where people live. And this notion has been under some stress as large portions of the downtown area have become Church space. Particularly on the western side of the downtown area.

There is a problem with this, however. Commercial space jammed into the front of the ALF is probably not going to rent, at least profitably. There is no overwhelming demand for shop space in town right now. The ideal of a commercial downtown has been frayed a bit by financial reality. The world does not beat a path to the gates of Sierra Madre in order to buy imported plasticware. And judging by the long availability of some of the currently unoccupied store space in town, that condition has not changed.

This is something that Billy Shields clearly understands. Empty commercial space would cost him money and detract from the operation of the facility itself. Building store space into the street side of this project is not what he is looking for here. And by the end of this discussion Billy had become visibly angry at what he saw as yet one more demand for a redesign of his project.

This was hardly the first time the Planning Commission had told him to make changes in the design of his project. Each time the developer respected their wishes and came back with something new. And each time the Planning Commission then asked for something newer. Shields then asked the Planning Commission that should he choose to go back one more time and redesign the project in accordance with their latest wishes, what guarantee would there be that he wouldn't be asked to do the same thing once again at the next meeting?

For the first time in the process I was left with the feeling that we could very well lose the Kensington project. Billy Shields gave the impression of someone who was seriously considering cutting his losses and walking. He has done everything he has been asked to do, and even showed himself willing to put the Kensington up for the vote demanded by voter approved City law. Yet nothing seems to resolve here. Everyone wants to debate the issues, but it seems that there is no recognition that there is a clock in the room. And that it is getting late.

The next Planning Commission meeting will not take place until June 7. One Planning Commissioner would not be able to make the next two available dates, so all of this was pushed into next month. Which should be time enough for people to reflect upon the potential consequences of even further delay. Most everyone involved in this matter claims to want the Kensington project to move forward. Yet their actions haven't shown that.

This could all go away. And sooner than you might think.

http://sierramadretattler.blogspot.com

76 comments:

  1. It still may be that this is not the right project for this site.

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    1. The commissioners advice is making it right. Developers need to do what the commission tells them to do.

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    2. I think it was Development Services and whoever gives them orders who have made this such a difficult process.

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  2. Don't feel sorry for this guy. He is working with Redondo Beach school district to build the exact same type of senior housing project there NOW. you can find this information on line by googling Fountain Square West Billy shields.

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  3. The City is killing this project for political reasons. Can't you just hear Moran now? "Measure V killed the Kensington!" With the Real Estate Lady Choir in full throat behind him.

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    1. They're already spinning it that way. But they're also licking their lips in anticipation of potential gains.

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    2. Welcome to Sierra Madre, Mr. Shields. Where the politics of the realtor reich rules all.

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  4. Decision in Redondo Beach was May 3rd. Billy has a busy calendar.

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  5. It is the City's own fault if it dies. They tried one of their shennigans and thought they could get rid of Measure V behind our backs. We already know their back hand deals with the water. They will not get away with anymore. Billy probably knows SMCC is not worth the headache.

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  6. The fact that Mr. Shields has hung in here so well is a reflection of the giant bucket of money that sits at the end of this. I do not share your concern that he's walking.

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    1. Agreed, 7:17.
      The lawyer kind of said call it whatever you like, we're good with it, have a definition no other place has, we'll go with that, have a public vote, fine.

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  7. The Planning Commissioners all but said "We want this project" to a person, but they are the guardians at the gate - if they don't ask for design improvements, apply the laws, give suggestions, no one will. I was very glad they did their work so well, and feel that if the developer would spend some time and energy on the changes, the project will be great.

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    1. Yes. Mixed use high density development is exactly what this town needs.

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    2. A DSP for old people.

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    3. It's a very small portion that will be commercial, and the facility is mostly residential. Have you got the money to buy the land and do something else 7:22? The solution from last night left Measure V intact, with the amendment that applied only to those two parcels.

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    4. Perhaps the so-called guardians could specify exactly what they want.

      How many more times do they want Shields to come back to the Planning Commission?

      I think the Commissioners are on slowdown so the ALF misses the Nov. ballot. Only way the Planning Commission can show their disdain for Measure V.

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    5. I am grateful that the Planning Commission makes changes, like getting rid of all the wrought iron fencing that would make the place look like a fortress. And I'm glad that they talk about things like the availability of the paramedics, and parking. Thanks for doing your job.

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    6. 7:32, each suggestion was highly specific. All it takes is a replay to verify the thoroughly detailed and specific requests, and the will to tweak the plans, and hey presto. It's not the planning commission that is at fault for the delays and Mr. Shield's company's frustration. It's their own ears.

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    7. I think if you do replay the meeting you will hear a planning commission that wants high density mixed use development on that site. You will also hear them dig the suites vs. units question out of its grave and begin to discuss C&L's take on that like it has validity. They're human like anyone else. And last night they more than showed it.

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    8. 7:32, if Shields would come back with the changes requested, he wouldn't have to come back again.

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    9. The project is high density because it's congregate care. The density takes it to a vote of the people. Are you against the project?
      The Commission is trying to make it work.

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    10. Oh yeah right, Steve, is it? How can you be so sure of your statement? Are you on the Planning Commission? Are you the Director incognito? Or just another poster who can speak anonymously with no fear of repercussions or responsibility for irresponsible statements?

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    11. Billy's support for Measure V has made this project anathema in the eyes of the dirts. They trying to kill it.

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  8. You mean Shields and company might have to make a little less profit in order to provide more commercial use?
    Gott in Himmel.

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  9. As is often the case, Mayor Emerita MacGillivray made a cogent and compelling statement for Measure V. What a treat to hear intelligence spoken at the podium.

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    1. Which Planning Commissioner was it that shot back a question at MaryAnn about how many units were in her house?

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    2. That was not a good moment for him.

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    3. Is it Speers or Spears. On patch they're spelling it "Spears."

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    4. ROBERT R. SPEARS is without character, or a command of the english language. With enough time we will see all of his inadequacies. He is skilled in the art of double speak, and lies, and a DIRT to the fullest extent. Hear the noise that rumbles forth from his dirty mouth, but do not listen to the tumultuous verbal attacks and slander he is accustomed to spewing.

      Neuroblast Films

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    5. Spears shot the question because MacGillivray read the section from The Measure V document that says that definitions can be substituted for items not expressly defined in the Measure V document. She also read the section where dwelling unit is expressly defined. Means that the PC can't change the definition for projects subject to Measure V meaning anything in the downtown core which is also defined. Her retort was that her house is not in the Measure V area. Took care of that.

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    6. Spear's question to Mary Ann showed his ignorance of Measure V. Anyone who knows Measure V would know it only applies to the Central Core.

      Mary Ann's answer showed the fallcy of the City's arguement that calling suites "dwelling units" throws the General Plan in disarray. Measure V only applies to the specified tracts in the Central Core, not the whole city. Doh!

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    7. Although applying Measure V to the entire town seems to be a great idea!

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  10. I'm having some trouble wrapping my head around the case being made by some for an open courtyard and gardens for the public in a private place. Do they expect Sunday bible study? Maybe the Beantown knitting wits bringing community to the residents? How will the Kensington feel about the gentlemen who occupy the bus benches across the street when they move into the newly landscaped courtyard? Is Dr. Sami's project also providing self directed tours of the gardens on his newly expanded grounds.

    Let's see the ALF for what it is: a residence for wealthy seniors who have the right to privacy, not an adjunct to Memorial Park and the Civic Center.

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    1. Normally I would agree with the private/public point, but not in this case because of the project's location, smack dab in the middle of one of our major streets.
      Interesting point about the day laborers. What ever happened to the idea of creating a central location for them, behind the police department?

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    2. I wonder if Suzee H's mtnviewsnews.com will cover the first nuptials of a lonely wealthy senior from the Kensington to a former resident of the bus bench? It'll be quite an event.

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  11. MacGillivrey has a great idea to lesson the impact of the facility's use on our dwindling water supplies. As the facility puts in its own landscape drought resistant plants, dot he same for the grass area across the street for them. Help us decrease our impact while they increase it.
    I didn't buy the information the developer was selling about how tinsy the use of water is. You bring 90+ people into town, and there will be a significant impact on water.

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  12. Shields ought to find a pharmacy to take up one commercial corner and a florist to take up the other.

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    1. We already have a pharmacy and a florist. Both locally owned and a part of the community for decades.

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    2. Ok, and they don't want any competition, how about an optometrist's office and a senior adaptive clothing store? If not those, something else that cater s to a senior market. There is retail that could work there.

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    3. Now that would be a success!

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  13. It is very simple. C&L are working for the DSP people (that's who hired them) and they are doing everything they can to invalidate Measure V. Shields just happened to get caught in the middle. You heard Jenkins last night, he talked with Sutton and Zimmerman, he got it, Shields wants a vote on Measure V and voila, a project is born. It is Danny and Scott that are pushing the planning commission to define dwelling units, not Shields.

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  14. Why are we tieing the "physicality" of the project to a vote this November.
    The public vote is simply a decision as whether to allow the project or not from varying from the requirements of Meas.V... as an exception.
    All that needs to be asked is whether the unit count can exceed by "x" amount as spelled out in the Ordinance.
    The Planning Commission can then condition the project as it sees fit.
    It could be prepared for a ballot now.

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    1. 8:11, I wish city hall would listen to you.

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    2. It's way too late for the June ballot, and a special election is very costly. The developers are willing to put it on the ballot in November, so be it. In the meantime, the Planning Commission can get the project ready by approving a CUP and the Specific Plan. I see the Planning Commission as being frustrated too, since the previous City Council pushed through their mandates and every effort to get a clear answer from the Atty. is like slogging through mud.

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  15. One of the major financial questions has to do with the determination of the dwelling unit fee. At approximately $30k per unit, the city stands to loose much money, if the unit count is allowed to be defined as 13DU as opposed to 40plus DUs.
    Do the math...
    The infrastructure cost will have to be paid by some entity, usually by the taxpayers.
    This is a "gotcha" not talked about.

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  16. Maybe that is the lawsuit the City Attorney spoke to the Planning Commission about the other night. Billy could be threatening to sue the City over its bizarre obstruction of the ALF.

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  17. The PC should just issue the CUP to the project, leave it zoned commercial so that if the project is ever sold, the property reverts to commercial use and the new property owner would have to reapply for CUP for any other proposed use. Forcing commercial space onto the project is self-defeating, as John points out herein. If the developer won't go for it, we lose the whole project and I'm not sure that would be in the town's best interest. If the developer would just scale it back some 20 or so units to make the density impact less painful (the resulting pressure on existing infrastructure of 76 units at that site could and should be significantly eased by reduction of the number of units the developer builds...), that would be the biggest step in the right direction towards resolution of design/size issues, yes?

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    1. Ai yi yi, there is no way the developer would agree to the decrease in profits from losing "20 or so units"!
      The less bitter pill to swallow is absolutely throwing some small retail spaces on the fringes.

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  18. Save the Pharmacy, Save the Flower Shop!May 11, 2012 at 9:56 AM

    I don't get it.

    Shields wants to build a home for old folks. He has no incentive to do anything other than make it as nice as possible so that the old folks will pay a bundle to get in. And, if he thought the store fronts would make money, he would go for it. He obviously does not think they will make money. Seems like a sound conclusion, as the town is full of empty storefronts. In fact, the only businesses that seem to thrive are those that I frequent - the ones that sell booze.

    So . . . the nudniks at the Central Planning Commission decide the project needs a commercial element. I'll bet you this. If they force the empty store fronts down Billy's throat he will end up renting them to the heretics across the street for Bible study classes and AA meetings. In which case the city gains nothing, albeit with the advantage of gaining nothing without putting the nice pharmacist, the cool Moss flower shop, or some other poor sap out of business.

    Dear nudniks, please get out of the way. Have the vote. Build the project.

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    1. Amen. Stop the madness.

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  19. The Redondo Beach Unified School District Board of Education on Tuesday night awarded a bid to lease its property at 320 Knob Hill to Fountain Square Development West, a developer and operator of assisted living communities for senior citizens.

    … award the bid to Fountain Square, whose offer of $614,250 annually far outstripped the other bid…

    Fountain Square’s proposed development, which would be called The Kensington of Redondo Beach, includes 92 assisted living suites housing approximately 130 residents in a single, two-story 74,000 sq. ft. Spanish Colonial designed building.

    “It is our first blush of what we would propose,” said Daniel Gorham, a Fountain Square partner who made a presentation to the board Tuesday night. “We certainly expect to be inclusive, understanding of the issues and concerns of the local neighborhood and the city at large.”

    Fountain Square has been involved in more than 200 senior living projects, including 38 in California, and formerly partnered with Sunrise Senior Living in developing and operating several facilities.

    Gorham said this facility would specialize in caring for residents near the end of their lives, many with growing memory disabilities. He said the average age in such facilities at present is 83, and most would come from within a three-mile radius of the facility.

    “Our mission is to care for the frailest of the frail and to have this to be the home where they live until they pass away,” he said, noting that many of their clients are sons and daughters whose have tried to care for their aging parents at home and have discovered that they cannot adequately provide for needs.

    RBUSD has been seeking increased lease revenue at the Knob Hill site for nearly five years. “I really think this is a better traffic fit for that area than a school, because schools bring a lot of traffic,” Diehl said.

    Gorham said that the existing building on the site that houses a preschool would likely remain.

    “That would be a really nice intergenerational opportunity for the community,” he said. “We think we could add to the preschoolers’ experience, and the preschoolers could certainly add to our residents’ experience.”

    Fountain Square founding member Bill Shields estimated the entitlement process would take two years and require a citywide vote, under the City Charter provisions added when Measure DD passed in 2008 that require such votes on zoning changes. The site is currently zoned for public and school use.

    “We are comfortable with that,” he said. “…If we do our job, and if this is as good an opportunity as we believe it is – this is something the city will endorse, including endorsement through a public vote of all the citizens,” he said. “So we are looking forward to that.”

    Relative to past proposals, little opposition arose at the meeting. Delia Vechy, a 41-year Redondo resident who is also an architect, said that though the project seemed well-designed, the land-use was not appropriate for the area.

    “Remember, zoning and land-use are established by the people, not the land user,” she said, noting that Knob Hill is a prime location. “An assisted living facility does not belong there. You, the school board, have the obligation to work with the community.”

    The board authorized staff to award the bid and begin negotiations on lease terms. In an interview, school board member Todd Loewenstein said that he believed the project would maintain the integrity and mesh well with the area and be good for surrounding property values and businesses.

    “Our goal is to maximize the revenue for the school district, because of cutbacks, but do it with integrity and make sure the property matches well with the neighborhood,” he said. “My personal opinion is this seems like a good fit….It’s important, and a facility that is needed in this area. We have no memory loss facilities in this area, and as the population ages, it’s important we take care of our elders.”

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  20. So Billy Shields is fully aware and prepared for the long process it takes to get a project approved. Why do we think that we in Sierra Madre are being unfair because we want this project to meet the special circumstances of our small town. Each project is tailored to fit a set of circumstances and the developers all know how to play this game. Why do we imagine we have to give up our standards. It is clear that other communities have felt the need to set similar zoning protections through a citizen vote.

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    1. It isn't Billy, and it isn't the planning commission. Ask yourself this - why is it the city attorney keeps throwing out roadblocks and distractions that have turned this process into something far more contentious than it should be? That's where the real rotten apples are.

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    2. Great post 10:21.

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    3. Another Architect says:May 11, 2012 at 11:42 AM

      Delia Vechy, a 41-year Redondo resident who is also an architect, said that though the project seemed well-designed, the land-use was not appropriate for the area.

      “Remember, zoning and land-use are established by the people, not the land user,” she said, noting that Knob Hill is a prime location. “An assisted living facility does not belong there. You, the school board, have the obligation to work with the community.”
      This is the best statement written that our city should be cognizant of.
      This architect has it right, and has taken what she has learned in her schooling to heart. To protect the environment, do no harm, and act in a responsible manner.
      Let the people decide, not self serving administrators, developers and attorneys..On with the ballot measure.

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  21. It's time to go Alinsky on this. Yup, we need a target, we need to fix it, and we need to demonize it. I nominate Billy Spears.

    Whoever the hell this clown is, it is clear he hates old people. Otherwise why would he be doing everything he can to keep a small horde of them from coming to down to dwell in kitchenless non-dwelling units at the ALF? What's next in his assualt on old folks? Closing the Oldest Place in Town? Tell us Billy.

    And to what end does Billy toil? To keep that boarded up eyesore in place so that someday, in a perfected Measure V free world, Billy Spears and his crew can erect a curb crowding 200 unit condo building? No thanks, Mr. Billy Spears.

    Build the ALF now.

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    1. Billy. Bob. Whatever. Build the ALF Mr. Billy-Bob Spears.

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    2. Mr. Spears makes valuable contributions, especially regarding public safety.
      I only agree with him about half the time, but I appreciate his work.
      And there have been occasions when he has been the only thing standing between Sierra Madre and big overdevelopment.
      B.H.O. him or her self might be the better nominee for demonization.

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    3. Mr. Billy Bob Spears - scourge of rich geezers like me - was not picked at random. No, he was picked for dunking his body into the fountain of the mixed used development gods with this quote at the Patch:

      "{Spears} and other commissioners called for a more "robust" use to commercial space, as well as a greater effort for the Kensington's developers to "think outside the box" and operate more on mixed-use terms."

      We need rid of the eyesore. We need housing for old people. We don't need more empty storefronts at the far end of town. The project is good enough. It's ready to go. Get out of the way Mr. Billy Bob Spears. Give us a vote and give us this project.

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    4. Spears is the reason the next PC meet was pushed to June. Is his presence really that essential?

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    5. Spears is not essential to anyone at any time ever. He is the poster child for birth control.

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    6. 7:03, really?

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  22. I'm in favor of the project, and in favor of the modifications the planning commissioners asked for. Don't see this as a problem, outside the wild goose chase the city attorneys have brought into the mix.
    And puleeze, Mr. Shields and the company he's associated with are not doing any of this as a kindness. The fact that they help wealthy elderly people is incidental.

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  23. 10:39 is on the money with the statement "wealthy elderly" but why is that incidental? I think it is fundamental. We have a group of citizens who long for residing in Sierra Madre in their waining years, and this is the scenario, waining years, and those are the most expensive medically and if you can afford the rents at Kensington, residentially. Wonder who really has this kind of money for 6-18 months, waining in place...that means in your own home, at the Kensington, you wain as they pocket the cash from your productive years.

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    1. It's a decision everyone who's lucky enough to live a long time has to make - residential living or in home care.

      The point I was trying to make, clumsy though it was, is that some people get very emotional about the Kensington, as though the overriding purpose of it is to lovingly provide for Mom and Dad. That is not the reason Billy Shields is here. The development firm that has hired him to be their spokesman is not in business as a social service. There's a gold mine in the aging population.

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  24. Last night, the topic of water usage bubbled to the surface and sank in the obfuscating sand with a sad commentary on why the elderly are not hopping into long, hot showers. Their skin is dry and they avoid the drying action of showering. Huh?

    There are cream and lotions for that. But the real reason is the enormous effort it takes to bathe someone who cannot assist themself in this task of independent living. Bed baths and quick wipes are the answer.

    Another water use is toilet flushing, of which there is less when you are bed bound for much of the day. There is however extra waste because of this incontinence and loads of sheets and cloths washing from accidents.

    I know of what I speak.

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    1. Ah, the indignities of aging even on the wealthy elderly...

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    2. I was thinking of the laundry - Shields said it was on a scale that allowed for economizing, but that's a lot of linens they must go through.

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  25. If as suggested there are many out of town familiies with candidates for the Kensington ALF, another potential use for some of this space would be a B&B type facility within the project for these families to visit overnight or for an extended visit with their parents?

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    1. Exactly 10:59. The Assisted Living Facility my folks are in has rooms set aside for just that purpose, and we can rent them for slightly less than nearby hotels.

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    2. But 11:11 am wouldn't that interfere with the burgeoning B&B's about to sprout up all over town? Isn't that what it's all about? Pricey digs for the folks you no longer want to care for and pricey accomodations when you care enough to visit?

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    3. What would Mayor Pro Industrial Kitchen have to say about that? After all she's a great supporter of seniors and there's going to be almost 100 new ones for her to represent!!

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    4. Mayor Pro Industrial Kitchen will be there, but if you're cooking up a tasty buffet.

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  26. My father was a patient in the skilled nursing facility in the back portion. The community hospital was in full function to the east. In front was the doctors offices and the lab. In the little house in the back they did classroom activities, childbirth classes and a battered women's clinic.

    This community serivice is long gone, sold to Foothill Presbeterian Hospital and then to Arcadia Methodist. Too bad it was mismanaged and sold to Arcadia. The mandate that the community have a health facility was loosely interpreted that Arcadia Methodist could do that for us just down the road and the profits from the sale bought medical equipment that we get to use if you have coverage that gets you there.

    One big smack from the next earthquake and bam, freeway passes down and we are stuck up here. Dr. Sami, the one paramedic unit and (exactly what level of medical care) Kensington, first for its population and then the rest if the community?

    Review your first aid, CPR and beef up your first aid kit.

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