HomeMy WebLinkAbout10/19/2011 - STAFF REPORTS - 00 October 19, 2011
TO CITY COUNCIL - REQUEST FOR RECONSIDERATION OF MAY 18TH DECISION
Mayor, City Councils and Staff, Good Evening.
I am Nejat Kohan, Co-owner of Spanish Inn Hotel.
First, in regard to Measure J, Spanish Inn would like to share its views and join with all
residents of Palm Springs who support this Measure and care for the future of the City.
We believe that 1% increase in the sale tax of non - essential purchases does not
adversely change the life of Palm Springs residents even in this recessed economy, We
however, believe that this Measure will bring a tremendous vital effect in the life of the
Palm Springs and its future generation.
In regard to the fate of Spanish Inn, I would like to keep you updated. In July of this
year, among many visitors, an Asian Indian investor from San Diego approached
Spanish Inn and told us that he is going to purchase the construction note from lender,
Nara Bank and will help us to survive and complete the project.
Unfortunately, upon purchasing the note from Nara Bank; the new investor breached his
words and informed us that, he is going to foreclose the property. Therefore, Spanish
Inn filed Chapter— 11, reorganization to stop foreclosure.
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City Council meeting 10/19/2011
I recently received a copy of the "Field Memorandum," pertaining
to my request to place stop signs at the intersection of Marigold
Circle and Bogert Trail. Marigold intersects Bogert in the middle
of a 90 degree curve, which makes it a very dangerous blind
intersection.
With respect to the demands on your time, I will try to avoid
duplicating additional information presented in the enclosed
printed information. I appreciate time spent to review all
information.
Firstly, I would like to respond to the "Field Memorandum."
References for my information include:
1. CalTrans Highway Design Manual,
which references and refers to another document I have also
referenced,
2. A Policy On Geometric Design of Highways and Streets,
American Association of State Highway and Transportation
Officials
California Department of Motor Vehicles.
3. Driver Handbook
4. Vehicle Code, and
5. Commercial Driver Handbook
Fundamental Objections to the Field Memorandum/Sight
Survey:
Table 201.1 was used, however it does not meet the criteria
described in 405.1 (2) (a), allowing the use of 201.1. Even if
20 1.1 is used, the sight distance is inadequate. If 201 is always
going to be used when 405 is not satisfied, why would the state of
Califonia provide the criteria?
Sight distance in the Field Memorandum was increased by
positioning the driver above Bogert's gutter, with the front of the
vehicle stopped within the intersection, in violation of California
Vehicle Code Section 22500.
If traffic on Bogert from the West is observing the posted speed
limit of 30 mph, vehicles would traverse the sight distance in 2.93
seconds. Subtract a .75 second reaction time, leaves just 2.18
seconds to turn from a complete stop.
I attended the city council meeting September 21. I was pleased to
observe the council's unanimous and swift decision to allocate
funds for DUI checkpoints, in the spirit of street safety. Drunken
driving accidents can have horrendous consequences, yet affect a
small percentage of the population. This intersection poses the
same type of threat.
If not corrected, it is just a matter of time before there is a collision
resulting in serious injury or death.
As a taxpaying citizen of Palm Springs I am also concerned about
the financial liability of the City of Palm Springs if this dangerous
situation is allowed to continue.
Suggested vehicle position for sight distance
Please refer to page 13 of the Field Memorandum. I can see that
the diagram shows a vehicle positioned to exit Marigold that is
physically within the intersection to give the driver more sight
distance of Bogert. This is not acceptable as it is unsafe and illegal
(see California Vehicle Code Section 22500, also this maneuver is
not mentioned in AASHTO's "green book"). By my own
experience, I have stopped within the intersection to avoid
collision with cross traffic. When this occurs, I can see that the
driver on Bogert diverts their attention to look at me, and
frequently crosses the centerline into the lane of oncoming traffic.
Since this unsafe and illegal position was used for the sight
distance measurements, the sight distances mentioned in the Field
Memorandum are not valid.
The Field Memorandum states "When the allowable set back of 14
feet was used and the sight distance for a vehicle traveling on
Bogert was measured, the location was found to have
approximately 205 feet eastbound and 260 feet westbound."
However, a vehicle has to pull forward:
The 14 foot set back, PLUS
An additional distance so the driver is physically above the gutter
of Bogert Trail, with the front of the vehicle within the
intersection.
I have reconfirmed this interpretation by sighting the intersection
myself and using a distance measuring wheel, a sighting and target
rod.
Please refer to diagram page 2A, a driver can only see 176 feet to
the west, without the vehicle entering the intersection.
It is interesting to see that the report mentions "the allowable set
back of 14 feet." Per Topic 405, 405.1 (2) (a), "Set back for the
driver on the crossroad shall be a minimum of 10 feet plus the
shoulder width of the major road but not less than 15 feet." I am
surprised that Topic 405 is quoted to defend the decision to not
place a stop sign, and at the same time mentions a measurement
that is in direct violation of Topic 405.
Applicable Sight Distances
The report states that the intersection does not meet sight distance
criteria set forth in Highway Design Manual, topic 405. It also
states that table 201.1, with lesser sight distances, can be used
where restrictive conditions prevent compliance-per topic 405.
From Topic 405:
"In some cases the cost to obtain 7'/2 seconds of corner sight
distances may be excessive. High costs may be attributable to
right of way acquisition, building removal, extensive excavation,
or immitigable environmental impacts. In such cases a lesser value
of corner sight distance, as described under the following headings,
may be used."
The stop sign request does not fall within any of these categories,
or the jest of the exceptions.
Therefore, the alternative sight distances in 201.1 are not
applicable.
When the road design was initially approved, this land was vacant.
Before development, it may have qualified under section 405.
After development, with the grading of lots, placement of houses,
fences and vegetation, it no longer complies with section 405. I
am surprised that the city would approve the placement of fencing,
which directly violates the sight distance under section 405.
I am also surprised that the Field Memorandum uses 30 MPH as
the speed to use for determining the sight distance. Per the
Memorandum, "It should also be noted that several vehicles were
observed traveling at what appeared to be an excessive speed on
Bogert Trail." With the recognition of speeding in excess of 30
MPH, I feel that it would be prudent to conduct a speed study.
Actual traffic speed from the speed study should be used to
determine an applicable sight distance.
The report also states "It should also be noted that several vehicles
were observed traveling at what appeared to be an excessive speed
on Bogert Trail. It is recommended that residents work with law
enforcement to limit excessive speeding on Bogert Trail." I am
certainly in agreement that this would be helpful. However, it does
not negate the need for a stop sign. I contacted Sergeant Abshire
on 10/10/11, and he informed me that an officer would enforce the
speed limits as soon as staffing permits.
"Very low traffic volumes on Marigold Circle," mentioned in the
Memorandum do not negate the danger inherent in the intersection.
This would certainly be an applicable criteria if a stop sign were
requested to help with the speed of flow out of Marigold Circle. It
is not the case. It is a blind intersection, where the most defensive
and patient driver is still subjected to danger beyond their control.
Turns onto Bogert from Marigold are not limited to Marigold
Circle residents. Service vehicles and many "turn arounds" add to
the traffic. It is common to see what appears to be tourists in
Marigold Circle to look at the view.
I am at your disposal for any consideration/review of this situation.
Thank you for your time.
Respectfully Yours,
Robert (Bob) Lewis
Jr&&xt E Rew&
312C .Man*U eixc&
Yatm Sp dtW, ea, 92264
Nome 76C-327-6622 &U 760-218-864C
drboblewis(d)hotmail.com
I would like to ask that you review the enclosed information pertaining to a
dangerous intersection close to my home. With respect to the demands on
your time, I will try to avoid duplicating information presented in the
enclosed a mail printouts. Thank you in advance for your time spent in
evaluating this situation.
After sending the enclosed a mail, approximately early 2011, I noticed some
city workers at the intersection. They were taking measurements for
evaluation. In conversation with them, I was told that this was their 3`a visit
to the intersectign, and that on the 2 previous visits many hours were spent
taking measurements. They said that there were 2 "criteria" for placing a
stop sign based on stopping distance. They said from previous surveying,
the intersection met 1 criteria, but not the 2"a
They also told me that they were concerned for their own safety while taking
measurements of this dangerous blind intersection.
At that time I was told that I would be contacted in the near future regarding
the evaluation and my stop sign request. I am perplexed to understand why
a 3Pd visit was needed, when they had "spent hours" during the first 2 visits.
Are we measuring inchesP'splitting hairs." 3 visits?????
I was never contacted. Earlier this year, I left 3 voice mails. They were not
returned. I was not able to speak to a human in the department of Public
Works and Engineering. 10/3/2011, I received a copy of the Field
Memorandum as a result of contacting a city council member. I had given
up for a while. However, with the busy season in the near future, the traffic
will increase tremendously as will the resultant danger.
In the summer, when most traffic is composed of full time residents, it seems
that a higher percentage of the drivers are aware of the intersection. It seems
that in "Season," a higher percentage of the drivers are not aware of the
intersection, or the speed limit.
I would like to review the consensus of conversations I have had with full
time residents who regularly pass through the intersection. Many have not
noticed that there is an intersection west of the 4 way stop at
• Goldenrod/Bogert; i.e. Marigold Circle. I would attribute this to
Marigold/Bogert being a blind intersection, particularly when traveling
eastbound on Bogert Trail. Also, when the speed limit is discussed, NO
ONE HAS BEEN AWARE OF THE 25mph SPEED sign for eastbound
traffic. There is a small 25mph sign west of the intersection. For westbound
traffic, there is a 30mph sign by the entrance to the Monte Sereno
development, partially covered by a tree.
Not that the signage matters. Last year I set up a digital video recorder. I
drove through the intersection on Bogert at 25mph. After recording for
about an hour I reviewed the speed of other vehicles, calculated by the time
it took to cross 2 reference points. I was not surprised that the majority of
drivers were exceeding the speed limit, and a high percentage drove 50%
faster than allowed by law.
Short of placing a stop sign (which people "kind of pay attention to) I know
of no other way to make this intersection safe.
Without stop sign placement, it is only a matter of time before the most
prudent and careful driver entering Bogert Trail from Marigold Circle will
• be severely injured or killed.
I am at your disposal for any consideration/review of this situation.
Thank you for your time.
Respectfully Yours,
Robert (Bob) Lewis
Sight position 3 ft from Marigold center line, 7.5 ft from Bogert
• Sight position 3 ft from Marigold center line, in Bogert's gutter
• Target 3 ft from Bogert center line, 79 ft from 725 Bogert's west property pin
• Target 3 ft from Bogert center line, 50 ft from 725 Bogert's west property pin
t_ 725 Bogert's west property pin (within the curb)
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Windows Live Hotmail Print Message Pagel of 3
RE: Intersection: Bogert Trail and Marigold Circle
• From: Robert Lewis(drboblewis@hotmaiLcom)
Sent: Thu 9/16/10 8:17 PM
To: zpsNadineFieger(nadine.fieger@palmsprings-ca.gov)
Nadine:
Thank you for your prompt attention to my e mail. I appreciate your responsiveness.
Bob
Subject: RE:Intersection: Bogert Trail and Marigold Circle
Date:Thu, 16 Sep 2010 17:20:37 -0700
From: Nadine.Fieger@palmsprings-ca.gov
To: drboblewis@hotmail.com
CC: Lee.Weigel@palmsprings-ca.gov; david@davidryanepp.com; Edward.Robertson@palmsprings-
ca.gov; Dave.Barakian@palmsprings-ca.gov; Carrie.Rovney@palmsprings-ca.gov,-
PauI.Abshlre@palmsprings-ca.gov;Terry.Tatum@palmsprings-ca.gov
Dear Dr. Lewis:
I am copying City Engineer David Barakian on this because it would be his department that would make
• the determination on STOP signs, which is the remedy you are requesting. I am copying Edward
Robertson in Planning because their code governs intersection visibility and in case I am wrong about
the fence location, he can double-check me- 1 am copying Traffic Sgt. Paul Abshire regarding the
speeding problem, and finally, I am copying my supervisor, Terry Tatum, so that he can be informed.
Some answers should be coming your way soon.
Thanks,
Nadine
(760)322-8364 x8758
From: Robert Lewis [mailto:drboblewis@hotmaiLcom]
Sent: Thursday, September 16, 2010 3:14 PM
To: Nadine Fieger
Cc: Lee Weigel; apsDavidEpp
Subject: Intersection: Bogert Trail and Marigold Circle
To: Nadine Fieger, Code Officer for city of Palm Springs
Nadine,
I am writing today to question the intersection of Bogert Trail and Marigold Circle.
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• Thank you very much for taking the time to make an on site visit with David Epp on 9/7/10. I
regret not being available at that time, as I was out of state.
It is my understanding that you did an inspection of the fencing, and verified that it is within
city code. Unfortunately, the hazards that threaten safety are not just limited to a fence:
1. Physical Street Layout. Marigold Circle is located at a point where Bogert Trail curves
approximately 85 degrees(please see attached jpg.). The location within the curve of
Bogert Trail makes it physically impossible to adequately see cars approaching Marigold
Circle (from both East and West).
2. Traffic Speed. Many vehicles are obviously exceeding the posted speed limit of
25MPH. I moved to Mangold Circle June 2007, and appreciate lowering the Bogert Trail
speed limit from the 45MPH it was at that time. If all vehicles observed the current
posted speed limits, the intersection would be safer. However, that does not happen. I
am certainly willing to drive defensively, and yield to any vehicle to avoid an accident.
However, I can not yield to a vehicle that I can not see-the combination of speeding and
compromised visibility beyond the curve on Bogert Trail is a double danger, an accident
waiting to happen.
• In an effort to make the turn onto Bogert Trail as safe as possible, I roll down the windows, and
shut off the Air Conditioner. I have found that I can hear many vehicles before I can see them.
After listening and carefully looking for traffic both ways, I start to proceed to turn. I can not
tell you the number of times I have had to slam on the brakes and put the car in reverse to avoid
an accident. This situation also presents 2 other hazards:
1. If a vehicle pulls up behind me, I could hit it when my vehicle is in reverse.
2. 1 have seen vehicles that are eastbound on Bogert Trail move left, into the oncoming
traffic lane when they see my vehicle. This is a particularly dangerous maneuver, given
that the curve of the road has compromised their visibility of oncoming traffic.
This situation is not limited to vehicles. Crossing Bogert Trail at Marigold Circle is very
dangerous for bicyclists and pedestrians. If I remember correctly from taking my California
Motor Vehicle license test, all intersections are considered to have a pedestrian crosswalk, even
if not marked. It is my understanding that it is illegal to cross a street except in a crosswalk (per
reading the newspaper, and also a friend was ticketed and fined for not crossing in a
crosswalk). Given the above, it would be very dangerous for a pedestrian or bicyclist to cross in
the "crosswalk,"where it is considered legal. Fortunately, they have the option to use the
sidewalk until they are in an area that is safe, but perhaps illegal to cross Bogert Trail.
• I appreciate the concern that has been shown by lowering the posted speed limits on Bogert
Trail. However, posting the limits and compliance by motorists are two different things. I am
not pretending to have done an exacting study on this matter,but many cars are obviously far
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exceeding the posted limit of 25MPH in the area of the intersection. It is evident by the many
cars that catch up to me when I am driving the speed limit on Bogert Trail (some even try to
pass me-and do!). Looking at the Eastbound cars from the West, I often see the cars tilt to the
North as they are going around the curve where Mangold Circle is located-almost like they
could tip over or skid out of control. Apparently that is what happened about a month ago when
a vehicle struck a mailbox at 780 Bogert Trail.
I see no other solution, which could make the intersection safe, other that to place stop signs on
Bogert Trail. I can certainly see that some people would be opposed to the "inconvenience." I
have thought long and hard before making this request, as I know it would not be without
contest.
I would like to request information regarding how I can proceed with this request. To your
knowledge are there local/state/federal guidelines regarding placement of stop signs when the
curvature of the road obscures visibility of cross traffic? Excess of the speed limit is common
in this area. Would this excess be taken into account when considering a stop sign??
Thanks again for taking the time for an on site visit. I appreciate your taking the time to take
this a mail into consideration.
Sincerely,
Dr. Robert Lewis
3120 Marigold Circle
Palm Springs, CA 92264
760-327-6622
•
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RE: Corner of Marigold and Bogert Trail
• From: David R. Epp (david@davidryanepp.com)
Sent: Tue 9/07/10 12:14 PM
To: 'Nadine Fieger' (Nadine.Fieger@palmsprings-ca.gov)
Cc: 'Robert Lewis' (drboblewis@hotmail.com)
Thank you Nadine,
What a well worded E-Mail to the Agua Caliente Tribe, very well said.
Thank you,
David
PS---Above is the E-Mail CC for the Marigold resident most concerned with
this potential hazard condition.
David Ryan Epp Lic.#01826123
760-808-2009 direct
WINDERMERE Real Estate Lic. #01325548
2465 East Palm Canyon Drive Suite #605
Palm Springs, Ca. , 92264
760-325-9091 Windermere Reception
760-325-9092 FAX
david@davidryanepp.com
-----Original Message-----
From: Nadine Fieger [mailto:Nadine.Fieger@palmsprings-ca.gov]
Sent: Tuesday, September 07, 2010 11:44 AM
• To: david@davidryanepp.com
Subject: FW: Corner of Marigold and Bogert Trail
Hi David:
I sent the E-mail below and we'll see if we get any results.
Unfortunately, the location of the fencing DOES meet City standards for
corner cutback.
Please feel free to give my contact information to anyone who may need
it.
Thanks,
Nadine
-----Original Message-----
From: Nadine Fieger
Sent: Tuesday, September 07, 2010 11:39 AM
To: 'Snyder, Kim' ; 'mpark@aguacaliente-nsn.gov'
Subject: Corner of Marigold and Bogert Trail
IMG 1787;IMG 1788
Hi Kim and Margaret:
I received a complaint that when you turn left off Marigold to go west
on Bogert Trail, this fencing obstructs the view of oncoming traffic.
The location of the fencing does meet City standards, but because of the
curve in the road, the oncoming cars are on top of you before you can
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see them. I had this experience myself when I was turning onto Bogert
• after taking these photos.
If there is any possible remedy, the residents of Marigold would
certainly appreciate it.
Thanks,
Nadine
«IMG 1787.JPG>> «IMG 1788.JPG>>
•
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FW: Intersection: Bogert Trail and Marigold Circle
From: Nadine Fieger(Nadine.Fieger@palmsprings-ca.gov)
Sent: Thu 9/16/10 5:24 PM
To: Robert Lewis (drboblewis@hotmail.com)
I don't know if this went to you, so I am forwarding. Sgt. Abshire is
out of the office until Sept 27.
-----Original Message-----
From: Paul Abshire
Sent: Thursday, September 16, 2010 5:21 PM
To: Nadine Fieger
Subject: Out of Office AutoReply: Intersection: Bogert Trail and
Marigold Circle
I will be out of the office through Monday September 27th. I will check
my email occasionally during my absence.
•
•
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At the stop sign on Marigold Circle, point A is where Eastbound trafic can
first be seen.
Point B is the manhole cover, which needs to be completely crossed by drivers
turning left onto Bogert Trail from Marigold Circle. \
The distance betwen A and B is 74 feet
• In an effort to understand the stopping distances, I have referenced some California
Government publications:
2011 California Driver Handbook:
Page 50
• At 55 mph, it takes about 400 feet
to react and bring the vehicle to a
y
complete stop.
•At 35 mph, it takes about 210 feet
to react and bring the vehicle to a
complete stop.
Page 55
Braking
Large trucks take longer to stop than
vehicles traveling at the same speed.
{ The average passenger vehicle traveling
at 55 mph can stop within 400
feet. However, a large truck traveling
at the same speed can take almost
800 feet to stop.
2011 California Commercial Driver License Handbook Section 2
Under the topic "Controlling Speed"
• Reaction distance. The distance traveled from the time your brain tells your foot to move from the
accelerator until your foot is actually pushing the brake pedal The average driver has a reaction time
of 3/4 second.
A left hand turn from Marigold Circle onto Bogert Trail is the most dangerous, and is
described below.
Assumptions:
Traffic from the left(eastbound) is observing 30pmh speed limit, (44 feet per second)
It is an average driver with .75 seconds reaction time
The vehicle is a car
30 mph=60 feet per second
Per the enclosed photo, the"window"of visibility to the west is 176 feet. A car traveling
through the area would cross 176 feet in 2.93 seconds
Oncoming drivers have a .75 second reaction, and travel 45 feet before beginning to stop.
This would leave 2.18 seconds to stop in 131 feet. I have never experienced traffic on
Bogert to stop if they see me initiating a turn,and they frequently cross the center line
into oncoming traffic
Drivers turning left onto Bogert Trail would have 2.93 minus .75 seconds =2.18 seconds
to complete the left turn from being fully stopped. It is impossible to abort the turn and
get out of the way of Bogert traffic in 2.18 seconds.
The above seems dangerous to me. Given the information above from Commercial
. Driver License Handbook, a commercial truck traveling cast doubles the chance that a
driver turning left will end up dead. And most Bogert vehicle appear to exceed 30 mph.
Commercial Driver License Handbook Section 2 Page 8 of 23
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• • Perception distance.This Is the distance your vehicle moves from the time your eyes see a hazard until your brain knows R.The perception time for an
alert driver Is about 314 second.At 55 mph you travel fig feel in 314 second.
• Reaction distance.The distance traveled from the time your brain tells your foot to move from me accelerator until your fool is actually pushing the brake
pedal.The average driver has a reaction time of 314 second.This accounts for an additional 60 feet traveled at 55 mph.
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• At 55 mph,ittakes about 400 feet DRIVING IN DARKNESS
to react and bring the vehicle to a Drive more slowly at night because
complete stop. you cannot see as far ahead and
•• At 35 mph,it takes about 210 feet you will have less time to stop for
to react and bring the vehicle to a a hazard. Make sure you can stop
complete stop. within the distance lighted by your
Adjust your driving speed to the headlights.
weatherand road conditions CBasic Use your low beam headlights at
Speed Law"page 28.)Turn on your night when it rains. Do not drive
lights during the day,if it is hard to using only your parking lights.
see or you cannot see at least 1,000 Use your high beam headlights
feet ahead of you. whenever possible in open country
DRIVING IN THE FOG or dark city streets, as long as it is
The best advice for driving in the not illegal.Do not blind other driv-
fog is DON'T.You should consider ers with your high beam headlights.
postponing your trip until the fog Dim your lights when necessary.If
clears.However,if you must drive, another driver does not dim his or
then drive slowly and use your low her lights:
beam headlights.The lightfromthe • Do not look directly into the
high beam headlights will reflect oncoming headlights.
back and cause glare. • Look toward the right edge of
Neverdrivewithjustyourparking your lane.
or fog lights. • Watch the oncoming vehicle out
Increase your following distance of the comer of your eye.
and be prepared to stop within the • Do not try to "get back" at the
space you can see ahead. Avoid other driver by keeping your
Wssing or passing lanes of traffic bright lights on. If you do, both
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less absolutely necessary.Listen of you may be blinded.
for traffic you cannot see.Use your Whenyoudrive atnight,remember:
wipers and defroster as necessary . pedestrians and bicyclists are
for best vision. much harder to see at night, so
Ifthe fog becomes so thick that you stay alert for them.
can barely see,pull completely off
see
the road. Do not continue driving at nigh becacles use
re most have
until you can see well. Turn off at night because most have only
your lights and keep your foot off one taillight
the brake pedal or someone may see ' More highway construction takes
your taill ights,thinkyouare moving, place at night Reduce your speed
and drive into your vehicle. in highway construction zones.
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not too slow(so the flow oftraffic if you can see it moving closer to
can still move freely). you,it is probably too close for you
PASSING OTHER TRAFFIC to start to pass.
Space and Speed to Pass Space to Return
W Always signal before passing. Do Before you return to your driving
notpull outto pass unless you know lane,be sureyou are not dangerously
you have enough space to pull back close to the vehicle you have just
`.' into your lane. passed.One way to do this is to look
Avoid passing other vehicles, in- for the vehicle in your inside rear
view mireocWhen y see both
cluding motorcycles and bicycles, rear
on two-lane roads. It is dangerous. headlights in your rear view mirror,
you have enough room to return to
Every time you pass, you increase
your chances of having a collision. your driving lane. not count on
Be patientwhen passing abicyclist. having enough timee to pass several
Slow down and pass only when it vehiclesatonce,orthatother drivers
W is safe.Do not squeeze the bicyclist will make room for you.
off the road. SHARING THE ROAD
At highway speeds of 50-55 mph,
you need a 10-12 second gap in LARGE TRUCKS BIG RIGS
oncomingtraffic to pass safely.At 55 AND M
�ph,you will travel over 800 feet in To reduce the chance of having a
12seconds.Sowillanoncoming collision with a large truck or RV,
a vehicle.That means you need over you must be familiar with a big
1,600 feet(or about one-third of a rig's physical capabilities and how
mile)to pass safely.It is harder to see it maneuvers.
and judge the speed of oncoming Braking
vehicles that are traveling one-third Largehan
of a mile or more away from you. vehicles
stravelingatrucks take ge sameto p speed.
vehiclestravelingatthesamespeed.
w You mustjudge whether or notyou The average passengervehicle trav-
have enough room to pass whenever eling at 55 mph can stop within 400
you approach: feet However,a largetrucktraveling
r An oncoming vehicle. at the same speed can take almost
r A hill or a curve. 800 feet to stop. Do not move in
- 55 -
y
:I •
V C Section 22500 Prohibited Stopping
Standing or Parking
Prohibited Stopping, Standing, or Parking
22500. No person shall stop, park, or leave standing any vehicle whether attended or unattended,
except when necessary to avoid conflict with other traffic or in compliance with the directions of a
peace officer or official traffic control device, in any of the following places:
(a)Within an intersection, except adjacent to curbs as may be permitted by local ordinance.
(b)On a crosswalk, except that a bus engaged as a common carrier or a taxicab may stop in an
unmarked crosswalk to load or unload passengers when authorized by the legislative body of any city
pursuant to an ordinance.
(c) Between a safety zone and the adjacent right-hand curb or within the area between the zone and
the curb as may be indicated by a sign or red paint on the curb, which sign or paint was erected or
placed by local authorities pursuant to an ordinance.
(d)Within 15 feet of the driveway entrance to any fire station. This subdivision does not apply to any
vehicle owned or operated by a fire department and clearly marked as a fire department vehicle.
(e) In front of a public or private driveway, except that a bus engaged as a common carrier, schoolbus,
or a taxicab may stop to load or unload passengers when authorized by local authorities pursuant to
an ordinance.
• In unincorporated territory, where the entrance of a private road or driveway is not delineated by an
opening in a curb or by other curb construction, so much of the surface of the ground as is paved,
surfaced,or otherwise plainly marked by vehicle use as a private road or driveway entrance, shall
constitute a driveway.
(f) On any portion of a sidewalk, or with the body of the vehicle extending over any portion of a
sidewalk, except electric carts when authorized by local ordinance, as specified in Section 21114.5.
Lights, mirrors, or devices that are required to be mounted upon a vehicle under this code may extend
from the body of the vehicle over the sidewalk to a distance of not more than 10 inches.
(g)Alongside or opposite any street or highway excavation or obstruction when stopping, standing, or
parking would obstruct traffic.
(h) On the roadway side of any vehicle stopped, parked, or standing at the curb or edge of a highway,
except for a schoolbus when stopped to load or unload pupils in a business or residence district where
the speed limit is 25 miles per hour or less.
(i) Except as provided under Section 22500.5, alongside curb space authorized for the loading and
unloading of passengers of a bus engaged as a common carrier in local transportation when indicated
by a sign or red paint on the curb erected or painted by local authorities pursuant to an ordinance.
(j) In a tube or tunnel, except vehicles of the authorities in charge, being used in the repair,
maintenance, or inspection of the facility.
(k) Upon a bridge, except vehicles of the authorities in charge, being used in the repair, maintenance,
or inspection of the facility, and except that buses engaged as a common carrier in local transportation
may stop to load or unload passengers upon a bridge where sidewalks are provided, when authorized
by local authorities pursuant to an ordinance, and except that local authorities pursuant to an
• ordinance or the Department of Transportation pursuant to an order, within their respective
jurisdictions, may permit parking on bridges having sidewalks and shoulders of sufficient width to
a ( to
BALM
of SA�
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cql l ro P,
DATE: November 29, 2010
TO: Dave Barakian
FROM: Michael Lytar
SUBJECT: Traffic Complaint, Bogert Trail at Marigold Circle
Background
On September 16, 2010 resident Robert Lewis (3120 Marigold Circle), wrote to request that a 'Stop' sign be
installed on Bogert Trail at Mangold Circle due to sight distance restrictions. The complaint is attached as
'Exhibit F.
Bogert Trail is designated as a collector,with a posted Speed limit of 30mph.
Marigold Circle is a 'no outlet', cul-de-sac that currently has three (3) existing houses, with a potential build out
of five(5)houses.
Mangold intersects with Bogert at ninety (90) degrees, at the center of a horizontal curve with a centerline
curve length of 411.35 feet, radius of 350 feet and delta angle of 67.34 degrees.
There is a curve warning sign, eastbound on Bogert approaching Mangold, with a suggested speed of 25 mph.
Intersection files indicate that a previous resident had requested a 'stop' sign in May of 2001. There was an
acknowledgement of the receipt of the request but no record of any findings or actions taken.
Findings
The location was visited on two separate occasions and sight distance observations and measurements were
made. It was found that a vehicle on Marigold attempting to enter Bogert has a sight distance that is less than
200 ft;particularly, if the vehicle remains at the location of the existing'stop bar and legend'. Bogert has a width
of 20 feet South of centerline allowing for a vehicle to move forward several feet without restricting the travel
lane. If the vehicle moves up to a'set back'distance of 14 feet prior to entering Bogart, sight distance can be
increased. However, it cannot be increased enough to comply with Highway Design Manual, topic 405,
Intersection Design Standards (Exhibit'D'). This standard requires a corner sight distance of 330 ft at a design
speed of 30 mph with an intended time to complete the left turn or right turn maneuver of 7.5 seconds. Neither
of these criteria can be met.
In cases where restrictive conditions prevent compliance with the 7.5 second criteria, topic 405 allows for the
use of a lesser value of sight distance that is equal to the'stopping sight distance' as given in table 201.1
(Exhibit'E'). For a design speed of 30 mph the minimum stopping sight distance is 200 ft.
When the allowable set back of 14 feet was used and the sight distance for a vehicle traveling on Bogert was
measured, the location was found to have approximately 205 feet eastbound and 260 feet westbound (see
Exhibit'C').
Based on these measurements, the intersection has been found to be in compliance with design standards as it
currently exists.
Recommendations
Due to compliance with design standards, and very low traffic volumes on Mangold Circle, it is not
recommended that this intersection be converted to a 3-way stop.
This intersection meets minimum sight distance requirements when vehicles proceed with caution and move
forward into the allowable set back distance of 14 feet prior to turning into Bogert.
It should also be noted that several vehicles were observed traveling at what appeared to be an excessive speed
on Bogert trail. It is recommended that residents work with law enforcement to limit excessive speeding on
Bogert Trail.
//end report h14
L
Attachments:
Exhibit A Street Improvement Drawing of Location
Exhibit B Pictures of Intersection
Exhibit C Measured Sight Distance at 14' set-back
Exhibit D Highway Design Manual Topic 405 �ry�CIA /
Exhibit E Highway Design Manual Topic 201
Exhibit F Email Chain with Original Complaint
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HIGHWAY DESIGN MANUAL
400-17
July 24,2009
Topic 405 - ftAer9ecffo*Bft1qff the driver on the crossroad shall be a
minimum of 10 feet plus the shoulder
" width of the major road but not less
than 15 feet. Corner sight distance is to be
405.1 measured from a 3.5-foot height at the
(I) Sto Sight Distance. See Index 2011 for location of the driver on the minor road to
PP in Si g .
g a 4.25-foot object height in the center of
minimum stopping sight distance requirements.
the approaching lane of the major road. If
(2) a,., the major road has a median barrier, a
(a) General--At unsignalized intersections a 2-foot object height should be used to
substantially clear line of sight should be determine the median barrier set back.
maintained between the driver of a vehicle in some cases the cost to obtain
waiting at the crossroad and the driver of 7-1/2 seconds of comer sight distances
an approaching vehicle. may be excessive. High costs may be
attributable to right of way acquisition,
Adequate time must be provided for the
building removal, extensive excavation, or
waiting vehicle to either cross all lanes of
through traffic, cross the near lanes and immitigable environmental impacts, In
hh cases a lesser value of comer sight
turn left, or turn right, without requiring distance, as described under the following
through traffic to radically alter their
speed. headings,may be used.
The values given in Table 405.1A provide (b) Public Road Intersections (Refer to
Topic 205)—At unsignalized pub
7-1/2 seconds for the driver on the lic road
crossroad to complete the necessarytntersections(see Index 405 7)comer sib
maneuver while the approaching vehicle distance values given in Table 4051Ashould be provided
travels at the assumed design speed of the
main highway. The 7-1/2 second criterion At signalized intersections the values for
is normally applied to all lanes of through comer sight distances given in
traffic in order to cover all possible Table 405.IA should also be applied
maneuvers by the vehicle at the crossroad. whenever possible. Even though traffic
However,by providing the standard comer flows are designed to move at separate
sight distance to the lane nearest to and times, unanticipated vehicle conflicts can
farthest from the waiting vehicle, adequate occur due to violation of signal, right turns
time should be obtained to make the on red, malfunction of the signal, or use of
necessary movement. On multilane flashing red/yellow mode.
highways a 7-1/2 second criterion for the
outside lane, in both directions of travel, Where restrictive conditions exist,
normallywill similar to those listed In
provide increased sight Index 405.1(2)(a), the minimum value
distance to the inside lanes. Consideration for corner sight distance at both
should be given to increasing these values signalized and unsignalized intersections
on downgrades steeper than 3 percent and shall be equal to the sto longer than I mile (see Index 201.3), PPing sight
where there are high truck volumes on the distance as given in Table 201.1,
crossroad, or where the skew of the measured as previously described.
intersection substantially increases the (c) Private Road Intersections (Refer to
distance traveled by the crossing vehicle. Index 205.2) and Rural Driveways (Refer
I In determining comer sight distance, a set to Index 205.4)--The minimum corner
back distance for the vehicle waiting at the sight distance shall be equal to the
crossroad must be assumed. Set back for stopping sight distance as given in
400-18 HIGHWAY DESIGN MANUAL
July 1,2005
Table 201.1, measured as previously described. Table 405.1A
(d) Urban Driveways (Refer to Index
Comer sight distance requirementsents Corner Sight Distance
ass (7-1/2 Second Criteria)
described above are not applied to urban Design Seed
driveways. ! P Comer Sight
(3) Decrsion Sight Distance. At intersection (mph) Distance(ft)s 25 275
where the State route turns or crosses another
State mute. the decision sight distance values 35
given in Table 201.7 should be used In 40 440
comnutmg and measuring decision sight 45 495
distance. the 3 5-foot eye height and the 50 550
0.5-foot object height should be used the 55 605
660
object beiniz locaLqd on the side of the 60 65 15 715
intersection nearest the aporoaching driver.
70 770
The application of the various sight distance
requirements for the different types of
intersections is summarized in Table 405.1 B. Table 405.1 B
(4) Acceleration Lanes for Turning Moves onto Application of Sight Distance
State Highways. At rural intersections, with Requirements
stop control on the local cross road,
acceleration lanes for left and right turns onto Intersection Sight Distance
the State facility should be considered. At a Types Stopping Comer Decision
minimum, the following features should be Private Roads X X"
evaluated for both the major highway and the
cross road: Public Streets and X X
• divided versus undivided Roads
• number of lanes Signalized X (2)
Intersections
• design speed State Route Inter- X X X
• gradient sections& Route
• lane,shoulder and median width Direction
Changes,with or
• traffic volume and composition without Signals
• turning volumes (1) Using stopping sight distance between an eye height of 3.5 It and an
object height of 4.25 R Sce Index 405.1(2)(a)for setback
• horizontal curve radii requirements.
(2) Apply corner sight distance requirements at signalized intersections
• sight distance whenever possible due to unanticip
ated violations of the signals or
• proximity of adjacent intersections malfunctions of the signals. See Index 405.1(2xb).
types of adjacent intersections
For additional information and guidance, refer
to AASHTO,A Policy on Geometric Design of
Highways and Streets,the Headquarters Traffic
Liaison and the Design Coordinator.
HIGHWAY DESIGN MANUAL 200-1
January 4,2007
CHAPTER 200 Table 201.1
GEOMETRIC DESIGN AND
STRUCTURE STANDARDS (q (2) Passing
Design Speed Stopping S
Topic 201 - S'
(mph) (ft) (ft)
20 125 800
Index 201.1 -General 25 150 950
i
Sight distance is the continuous length of highway 1,100
ahead visible to the driver. Four types of sight 35 250 1,300
distance are considered here: passing, stopping,
decision,and comer. Passing sight distance is used 40 300 1,500
where use of an opposing lane can provide passing 45 360 1,650
opporharities (see Index 201.2). Stopping sight 50 430 1,800
distance is the minimum sight distance to be
provided on multilane highways and on 2-lane 55 500 1,950
roads when passing sight distance is not 60 580 2,100
economically obtainable. Stopping sight distance
also is to be provided for all elements of 65 660 2,300
interchanges and intersections at grade, including 70 750 2,500
private road connections (see Topic 504, Index 75 840 2,600
405.1, & Figure 405.7). Decision sight distance is
used at major decision points (see Indexes 201.7 80 930 2,700
and 504.2). Corner sight distance is used at (1)See Topic 101 for selection of design speed.
intersections (see Index 405.1, Figure 405.7, and (2)For sustained downgrades,refer to advisory standard in
Figure 504.3.1). Index 201.3
Table 201.1 shows the standards for stopping The sight distance available for passing at any
sight distance related to design speed, and these place is the longest distance at which a driver
shall be the minimum values used in design. whose eyes are 3 %2 feet above the pavement
Also shown are the values for use in providing surface can see the top of an object 4 V4 feet high
passing sight distance. on the road. See Table 201.1 for the calculated
Chapter 3 of "A Policy on Geometric Design of values that are associated with various design
Highways and Streets," AASHTO, contains a speeds.
thorough discussion of the derivation of stopping In general, 24ane highways should be designed to
sight distance. provide for passing where possible, especially
those routes with high volumes of trucks or
201.2 Passing Sight Distance recreational vehicles. Passing should be done on
Passing sight distance is the minimum sight tangent horizontal alignments with constant grades
distance required for the driver of one vehicle to or a slight sag vertical curve. Not only are drivers
pass another vehicle safely and comfortably. reluctant to pass on a long crest vertical curve, but
Passing must be accomplished assuming an it is impracticable to design crest vertical curves to
oncoming vehicle comes into view and maintains provide for passing sight distance because of high
the design speed, without reduction, after the distance
where crest cuts are involved. Passing sight
distance for crest vertical curves is 7 to 17 times
overtaking maneuver is started. longer than the stopping sight distance.
Ordinarily, passing sight distance is provided at
locations where combinations of alignment and
Page 1 of 3
Mike Lytar
From: Dave Barakian
Sent: Wednesday, September 22, 2010 6:35 PM
To: Mike Lytar
Subject: Fw: Intersection: Bogert Trail and Marigold Circle
Please have someone check this intersection and report to me. See me for details on sight distance.
From: Nadine Fieger
To: Robert Lewis <drboblewis@hotmail.com>
Cc: Lee Weigel; apsDavklEpp <david@davidryanepp.com>; Edward Robertson; Dave Barakian; Carrie Rovney;
Paul Abshire; Terry Tatum
Sent: Thu Sep 16 17:20:37 2010
Subject: RE: Intersection: Bogert Trail and Marigold Circle
Dear Dr. Lewis:
I am copying City Engineer David Barakian on this because it would be his department that would make the
determination on STOP signs, which is the remedy you are requesting. I am copying Edward Robertson in
Planning because their code governs intersection visibility and in case I am wrong about the fence location, he
can double-:heck me. I am copying Traffic Sgt. Paul Abshire regarding the speeding problem, and finally, I am
copying my supervisor,Terry Tatum, so that he can be informed.
Some answers should be coming your way soon.
Thanks,
Nadine
(760)322-8364 x8758
From: Robert Lewis [mailto:drboblewis@hotmaii.com]
Sent: Thursday, September 16, 2010 3:14 PM
To: Nadine Fieger
Cc: Lee Weigel; apsDavidEpp
Subject: Intersection: Bogert Trail and Marigold Circle
To: Nadine Fieger, Code Officer for city of Palm Springs
Nadine,
I am writing today to question the intersection of Bogert Trail and Marigold Circle.
Thank you very much for taking the time to make an on site visit with David Epp on 9/7/10. 1 regret not
being available at that time, as I was out of state.
It is my understanding that you did an inspection of the fencing, and verified that it is within city code.
Unfortunately, the hazards that threaten safety are not just limited to a fence:
1. Physical Street Layout. Marigold Circle is located at a point where Bogert Trail curves
approximately 85 degrees (please see attached jpg.). The location within the curve of Bogert Trail
makes it physically impossible to adequately see cars approaching Marigold Circle(from both
East and West).
9/23/2010
Page 2 of 3
2. Traffic Speed. Many vehicles are obviously exceeding the posted speed limit of 25MPH. I
moved to Marigold Circle June 2007, and appreciate lowering the Bogert Trail speed limit from
the 45MPH it was at that time. If all vehicles observed the current posted speed limits, the
intersection would be safer. However, that does not happen. 1 am certainly willing to drive
defensively, and yield to any vehicle to avoid an accident. However, I can not yield to a vehicle
that I can not see-the combination of speeding and compromised visibility beyond the curve on
Bogert Trail is a double danger, an accident waiting to happen.
In an effort to make the turn onto Bogert Trail as safe as possible, I roll down the windows, and shut
off the Air Conditioner. I have found that I can hear many vehicles before I can see them. After
listening and carefully looking for traffic both ways, I start to proceed to turn. I can not tell you the
number of times I have had to slam on the brakes and put the car in reverse to avoid an accident.
This situation also presents 2 other hazards:
1. If a vehicle pulls up behind me, I could hit it when my vehicle is in reverse.
2. I have seen vehicles that are eastbound on Bogert Trail move left, into the oncoming traffic lane
when they see my vehicle. This is a particularly dangerous maneuver, given that the curve of the
road has compromised their visibility of oncoming traffic.
This situation is not limited to vehicles. Crossing Bogert Trail at Marigold Circle is very dangerous for
bicyclists and pedestrians. If I remember correctly from taking my California Motor Vehicle license
test, all intersections are considered to have a pedestrian crosswalk, even if not marked. It is my
understanding that it is illegal to cross a street except in a crosswalk (per reading the newspaper, and
also a friend was ticketed and fined for not crossing in a crosswalk). Given the above, it would be very
dangerous for a pedestrian or bicyclist to cross in the "crosswalk,"where it is considered legal.
Fortunately, they have the option to use the sidewalk until they are in an area that is safe, but perhaps
illegal to cross Bogert Trail.
I appreciate the concern that has been shown by lowering the posted speed limits on Bogert Trail.
However, posting the limits and compliance by motorists are two different things. I am not pretending
to have done an exacting study on this matter,but many cars are obviously far exceeding the posted
limit of 25MPH in the area of the intersection. It is evident by the many cars that catch up to me when I
am driving the speed limit on Bogert Trail (some even try to pass me-and do!). Looking at the
Eastbound cars from the West, I often see the cars tilt to the North as they are going around the curve
where Marigold Circle is located-almost like they could tip over or skid out of control. Apparently that
is what happened about a month ago when a vehicle struck a mailbox at 780 Bogert Trail.
I see no other solution, which could make the intersection safe, other that to place stop signs on Bogert
Trail. I can certainly see that some people would be opposed to the "inconvenience." I have thought
long and hard before making this request, as I know it would not be without contest.
I would like to request information regarding how I can proceed with this request. To your knowledge
are there local/state/federal guidelines regarding placement of stop signs when the curvature of the road
obscures visibility of cross traffic? Excess of the speed limit is common in this area. Would this excess
be taken into account when considering a stop sign??
Thanks again for taking the time for an on site visit. I appreciate your taking the time to take this a mail
into consideration.
Sincerely,
Dr. Robert Lewis
9/23/2010
Page 3 of 3
3120 Marigold Circle
Palm Springs, CA 92264
760-327-6622
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9/23/2010
� I�
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i
As we stated before, the project is 98% complete and now after 10 years of our
concerted effort with almost $11 million cost of which developers contributed 4 million; it
is quite unfair to allow a stranger to steal a 10 million project for 5 million.
To reiterate the time line, In 2004, City Engineers unfairly imposed Movie Colony Traffic
Plan on Spanish Inn as a pre-condition to obtain the building permit.
i This Traffic plan may have been a vital improvement for the Movie Colony
i neighborhood, but unfortunately, it was like a cancerous tumor injected into the body of
Spanish Inn, because the shortage of fund has been always a big factor of delays and
hardships in this project which have ultimately caused failure.
City may have inadvertently caused this microbe, but now the council has the cured
medicine to save it. The financial Grant/ Loan reimbursement package that City
created last year is now a vital key to win the reorganization plan in the Court.
Chapter 11, reorganization plan requires that the debtors now show at least the
sufficient fund to complete the project and obtain Occupancy Permit. Fairness requires
4
that Council reapprove that package to save us. Thank you
s
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� I
MS41664privatization/750 words
October 17,2011
Reply to:
Harley L. Sachs
Apt. 222
2545 SW Terwilliger Blvd.
Portland,OR 97201
503 299 4222
Short term gains, long term losses
a column by
Harley L. Sachs
It's been said that the business of America is business. It's all about money.
Privatization has been touted as the answer to the evils of big government, but that's one
of those lies you've swallowed. In the search for short term savings there are long term
negative consequences.
jEven war has been outsourced and privatized. It's a fiddle with the military budget.
If only 100,000 troops have been authorized,you can draw on another category and
contract with an outfit like Blackwater for security and Halliburton for underpaid cooks
and other support personnel.
-j Another example of the privatization trend has been the prison system. Many of the
prisons in the country are now owned by corporations. Taking the burden of
administering jails and prisons off the backs of state and local governments may sound
like a good idea, but the result has been that the corporations in the prison business lobby
for longer jail sentences. The public,fearful of those evil criminals,40%of whom turn
out to be drug addicts or other non-violent offenders,votes for longer sentences. The
companies in the prison business are guaranteed a steady stream of inmate"customers."
Such a deal.
No wonder the United States has more people in prisons than any other country in
the world. Michigan spends more on prisons than it does on public education—schools
E and universities. A prisoner costs the state$40,000 a year.A k-12 student costs about
$7000.
Not as well known is the outsourcing of local traffic tickets. A city,which must
remain nameless, contracts with a non-profit company whose for profit subsidiary sets up
radar speed traps and red light cameras to catch motorists and issue tickets.These are not
small change. A traffic fine, like one I just got,can be nearly $300 for missing a speed
limit sign or making a wide turn into a parking lot. So who gets the fine money?Most of
the fine goes into the pocket of the company that takes that photo of your vehicle. A
small portion goes to the municipality. The temptation is to jack up the ticket to a
higher bracket. There's a significant increase in the fine if the offense is 1 I miles over the
limit rather than ten. It's an easy fiddle.At these rates,traffic tickets are a lucrative
business that doesn't have much to do with safety. It's about money.
Perceptive folks know that some fund raisers for charities take most of the money
that's collected. You can check those out yourself and discover that the CEO of a fund
raiser may get a huge salary and the charity a small percentage,as little as 5%. Those
candy mints sold at the checkout in the name of one of the animal clubs(e.g.Lions,
Moose,Elks, or other critters) earn only pennies on the dollar. The real profit goes to the
candy maker, It's a good deal for the charity. Letting the candy maker use their name
costs nothing and the seller does all the work.
That's why I don't buy Girl Scout cookies.I believe it's NABISCO who makes them
and at$4 a box(when I was last solicited)the scout troop gets only 50 cents. I don't need
the calories of the cookies and I prefer to give the troop a check for two bucks rather than
buy one box. Such a deal for the cookie manufacturer: an army of unpaid little girls who
peddle the cookies for you! Scout leaders who are conned into recruiting little girls as
door to door sellers of a corporate cookie product are relieved of the greater task of doing
a bake sale. Of course,the girls could learn more if they baked cookies themselves and
sold them, but then they run into health department regulations about sanitary kitchens
and clean hands.
The state doesn't care if they farm out inmates to private prisons, or traffic tickets to
the owner of the radar van.
Letting outside contractors do the work is easy.The military can fiddle the budget
numbers. States can contract for prison guards,school boards for bus drivers and
janitors. Contractors can cut wages and escape pension rules, benefits,and unions.
Short term gains have long term consequences. Economists say that a wage dollar
goes around the community five times. What appears to be a savings now costs more
later.Part time employees get no benefits. It's better to pay a full time living wage that is
spent locally than to contract the jobs to an outside company that takes the money out of
the community.