Neighbor News
Additional Information on Mayor Whites Free Landscape Maintenance
White has his friend Steve Melman's post a copy of his deed, but it doesn't tell the whole story, the easement was never recorded.
In September 2014 the city discovered that the developer failed to record the landscape maintenance easement which would have allowed city funds to take care of the slope for two areas in the city. Lloyd White brought to the attention of the city manager when he ran for city council in 2014, when advised the city that they didn’t have control of the property, since the developer didn’t record the easement. Lloyd White wanted to hang a large campaign sign on the slope. After some discussion with him and a review by the city attorney, the city agreed that there was a problem and that it needed to be corrected. Prior to Lloyd White advising the city that they had no right to the property, he complained and requested that the city hire a private landscape firm to maintain the slope since he didn’t like the way the city employees were maintaining it. I don’t know why Mr. White did not bring up the problem earlier when it could have corrected.
As a result of Lloyd White advising the city of the problem the city attorney issued the email below after M, White election to the city council. This is the text of the email. I was provided a copy of the email since I was still on the city council till the first meeting in December.
|
|
Find out what's happening in Banning-Beaumontfor free with the latest updates from Patch.
City's Yard Maintenance of Private Property
Find out what's happening in Banning-Beaumontfor free with the latest updates from Patch.
From: Aklufi & Wysocki <BEAUMONT/FIRST ADMINISTRATIVE GROUP/RECIPIENTS/JOEAKLUFI>
Sent: 11/25/2014 7:47:59 PM +00:00
Subject: City's Yard Maintenance of Private Property
I understand that the City has discovered that it has been maintaining a parkway near a tract of homes
located within the City in which the parkway is private property and not City property. It is also my
understanding that one of the property owners is the newly elected Councilman Lloyd White. Such
landscape maintenance cannot continue and especially cannot continue for the property owned by the new
Councilman. The continuance of such landscape maintenance by the City for the property owned by the
new Councilman would be a violation of Government Code, Section 8314 (use of City resources for personal
use prohibited), Government Code, Section 1090 (prohibits a public official being financially interested or
benefiting from a contract with the City) and related conflict of interest laws.
In addition, the fact that such maintenance has been performed benefiting those property owners, including
the new City Councilman, with City resources also indicates that it is an IRS 1099 reportable expense.
Needless to say, such landscape maintenance for this private property must be stopped immediately. It
could also be construed as a gift of public funds.
Dave
Listed below is a Memorandum given to the city council at a January 20, 2015 meeting. Lloyd White was on the city council. The memorandum explains what when on with maintenance on two areas, which include the slope on two sides of Lloyds Whites property. If you read the memorandum, Conflict for CFD Services on White’s Home:
MEMORANDUM
Date: January 20, 2015 To: Mayor and City Council Through: City Manager From: Planning & Neighborhood Services Subject: City Maintained Landscape Areas
BACKGROUND/ANALYSIS:
It has come to staff’s attention that there are two areas within the City that the developer did not record the proper easement for Landscape maintenance.
Stetson (TM 30779):
Oak Valley Greens (TM 29185):
OPTIONS:
1. Request Homeowner to: a. Give an Easement to the City for Landscape maintenance i. Requires Landowner signature Or b. Grant Deed the property to the City i. Requires Landowner signature ii. Requires Lien hold clearance iii. May require Variance approval
Costs for CFD maintenance of all areas approximately $12,240 annually. Costs for document preparation approximately $15,000 plus staff time for contacting homeowners, scheduling and notarization.
2. Send Notification to Homeowner that it there responsibility This includes: Turning off water No maintenance Allow Homeowner to move their fence
ACTIONS:
1. Give direction to staff how to proceed
Government Code, Section 8314 (use of City resources for personal use prohibited),
Government Code, Section 1090 (prohibits a public official being financially interested or benefiting from a contract with the City) and related conflict of interest laws.
IRS 1099 reportable expense. Construed as a gift of public funds.
On February 3, 2015 Item 8.a.2: White was a part of consensus to fix failure to give easement that gave White unapproved free maintenance for 8 years.
On March 3, 2015 Minutes 7.a.11: White leave meeting stating that he has a conflict because it affects his home.
Additional Conflict for Refunding CFD IA18:
On April 21, 2015 Minutes Item 8.a.2: White motioned to continue and to include discussion of his petition.
On May 5, 2015 Minutes Item 8.a.4: White warned that he was in conflict when he attempted to introduce his petition.
I haven’t made up any of this. This is official city records that anyone can obtain. The fact here is Lloyd White could have taken care of this problem a long time ago. Yes he didn’t make the mistake. The developer of the property failed to properly record the easement. The city didn’t find out until Lloyd White brought it to their attention. Now I have some questions for Lloyd White based upon these two documents.
1. Did you ever correct the landscape easement on your property or are you maintaining it now.
2. Why did you not bring this to the attention of the city when you found out?
3. Why did you complain about the landscape maintenance on the slope when you knew that it was you property and had the city hire a private contractor to maintain the slope?
4. Did you get a 1099 from the city and pay income tax on the gift of public funds.
This could have been resolved a long time ago had Mr. White been open and honest about the situation. It seems to me that he wanted the free landscape maintenance and still control the use of the property. I think the public needs this issue resolved. Quit hiding Mr. White behind you friend and tell the truth. You have serious violations of the government code that need to be address with a criminal complaint. The rest of the city council should step up and do their job and present it to the public integrity unit for investigation.
