Harbor Pointe Safety News

Driving and Parking in Harbor Pointe

2011-05-11T21:25:00.000-07:00

I wonder how many people living in the Harbor Pointe community are:

A. Totally ignorant of the parking rules and regulations.
B. Totally mindless when it comes to parking their vehicles.
C. Totally inconsiderate of their neighbors when parking their vehicles.
D. Suffering some mental challenge when it comes to parking facing the right direction on the street.
E. Can't read the speed limit signs?
F. Don't understand the speed limit signs.
G. Don't understand what a STOP sign means?

There has to be some logical reason we have such a large number of this community with absolutely no common sense when it comes to vehicle operation within Harbor Pointe. I presume they drive the same way no matter where they are, but hey, wake up, this is where we live! There are children playing, summer is coming, and more and more kids will be on the streets. Not only that, but people of all ages walk here. We want a safe community for all!

I know many activities that the kids do are prohibited, but running them down with your car doesn't make you the righteous one if it happens. The kid that darts out from between parked cars, or runs out in the street, as you fly down Harbor Point at 45 Miles per Hour (or more) doesn't stand a chance. And neither will you in court. Because this is serious business.

Speed limits need to be adhered to. And stop signs? The stop signs are there to protect cross traffic. Each day I see dozens of our residents cruise through, many never even slowing down. Great neighbors, wouldn't you say? Those that would endanger your safety and care not a bit? To save what..a second or two?

Many neighborhoods are getting fed up with the parking problems, and soon the issues will boil over. I hear many complaints about three, four and even more cars from one residence clogging the street, while none are parked in the garage. And then the neighbors have no place for their own additional car or place for guests to park. Park in your garage or driveway and use the spot in front of your home for guests or that extra car. Leave the space in front of your neighbor's home open for their use. Park facing the traffic direction of travel. Not only is it the neighborly thing to do, it's in the HOA CC&R's.

Folks, this is supposed to be a community with some harmony between neighbors. Recognizing that so many of the residents are not owners, I suppose the "pride of ownership" and "community spirit" is somewhat lacking. But it doesn't have to be. Ask your neighbor to be considerate in driving and parking. Report problems to the Board promptly. Not that the Board will solve these issues in a flash, but they need to know you're tired of the problems and want action.

Let's not wait for the tragedy to occur that creates the message "I told you so." That would be a sad headline in the news for our community.

Our Condolences

2011-03-25T11:10:00.000-07:00

On Monday, March 21, 2011, a tragic accident occurred in our community.

While collecting trash, Pablo Virgen, an employee of Waste Management Inc., died shortly before 10 a.m. apparently after falling out of the trash truck he was operating on Bluewater Road and getting run over by it, according to police and officials with the Texas-based refuse-disposal company. He was working by himself when the accident occurred, according to police.

Virgen suffered severe injuries to his torso and died at the scene, Lt. Marc Reno said.

I saw Pablo most Mondays as he was collecting our trash, and he was always friendly and smiling. It's truly sad to lose a person who seemed happy to be doing his job and did it well, especially sad under such tragic circumstances.

Our sincere condolences go to his family, friends, and co-workers at Waste Management.

Volunteering?

2011-03-12T09:56:00.000-08:00

I recently realized why people don't volunteer for our HOA committees. Because the Board of Directors are in their own little fiefdom, and don't really want outside help. They claim they do, and beseech outside volunteerism in each newsletter, but in all actuality, they want full and total control over everything that happens in the development, without any outside interference.

I have volunteered several times for various committees, and the assistance eagerly accepted. Then, somehow, the Board down the road decides to go it alone and make all the decisions without any free advice, rather insisting on paying for it from an outside source, at the homeowners expense. Let's see the logic in that...pay for something you can get for free. Oh wait, it's YOUR money so who cares!

The Board is never wrong! In all my years of living in Harbor Pointe, I have yet to hear them apologize when they are wrong, no matter how far wrong they are. In fact, they will actually argue that they are right no matter how incorrect they are! At least one member indicated they have the super power to glance at an item and determine its capacity to work properly, and whether it is fully functional, without actually touching or examining it. Amazing to say the least!

And, the Board will back the vendors who do the work in the development, no matter how crappy a job they do. Rather than correct a situation, it seems simpler to simply gloss it over or tell the homeowner the situation doesn't exist, or just isn't that bad or some other story and hope the problem goes away.

Spend some time and get out to the HOA meetings. And ask some questions about where your money is being spent! Stand up and ask some questions about the newly installed pool security system and the monitoring arrangements. You might be surprised how your money was spent!

I could tell you about electrical work done by our prior landscaping company who did not have an electrical contractors license, and the street sealing company that didn't have a valid contractors license when they started work here, and who, according to the State of California, never had Workers Compensation insurance. And this is due diligence? Might explain why the cut-rate job looks so bad and won't last for too many years?

I know this falls on deaf ears, since we have so many renters, and the homeowners/landlords in so many cases don't even bother giving their tenants a copy of the current CC&R's so they at least have some chance of living up to the rules. We've become a community of apathy, with the Board just doing whatever they please. With one or two or even no homeowners showing up at the meetings.

Sad state of affairs for the community.

When a HOA Goes Bust...or Just Goes...

2010-10-02T21:29:00.000-07:00

I know many people think that a Homeowners Association is just a pain in the tookus, and maybe, sometimes, rightfully so. There are rules and regulations that seem to restrict what you can and cannot do, and to some, the rules seem unreasonable. To most, the rules are what makes the community what it is, relatively without glaring ugliness, and well maintained, or at least with some degree of cleanliness, and a sense of balance and order.

Yes, there are some exceptions, and yes, sometimes the Board seems to be a bit lax in having those problems corrected. But remember, this is a two way street, and homeowners need to do their part to keep the community a decent place to live. I gather that sometimes the notices the board sends out just don't receive attention, especially when the recipient is an absentee landlord, and legal action takes time, so residents feel nothing is being done. That would be truly frustrating, I'm sure.

I just returned from a place I used to live that was what was called a "club colony" and the rules were even more restrictive than a HOA. They screened the people purchasing homes to assure you could actually afford to maintain the home, you paid association dues much like your HOA fees; if homes were rented (it was a beachfront community) the renters were pre-screened by the association's realty office. You didn't just rent to anyone you felt like renting to. All transactions went through the association. It was really a nice quiet place to live, nice homes, waterfront property, crime limited to an occasional juvenile break-in, or drunk and disorderly event.

Not so now!!! The association folded up and gone are the neat rows of well kept homes. Replaced instead are huge McMansions, next door to run-down original homes that have not been maintained and two and three story monstrosities that have been cobbled together from the basics of the original dwellings. The house I lived in, once a single story ranch style home, is now a part two story picture of ugliness, adjacent to a three story something or other on stilts!

No longer any cohesiveness and no longer any flow of value, homes in the local real estate ads bounce from 1.6 million dollars and more to just a few hundred thousand dollars, for homes within a few hundred yards of each other. Imagine that...your neighbor adding several stories to their home, and your home becoming dwarfed by a monstrosity of epic proportions, or shape or color, your breezes and views cut off, and the end story is so sad, too bad. No rules or regulations anymore. Only the CC&R's of the Association prevented this type outlandish construction nightmare; once it was gone, the town itself couldn't stop it because their own building codes didn't address this type planned community. So, as long as the owners obtained county permits, the inexorable destruction of the community followed.

It's a very ugly reminder of what happens when a planned community fails. Sure, it probably took almost 50 years for it to happen, but happen it did. We're about 23 years into our lifespan on Harbor Pointe and still looking pretty good, considering what I saw on my trip.

HP isn't going to fail, but one look at what happens when an association does is sure an eye opener!

I-5 Widening Project

2010-09-15T21:43:00.000-07:00

There is a deafening silence around Harbor Pointe. It's a combination of the residents and the City of Carlsbad showing a seemingly lackadaisical attitude toward the I-5 widening project that will potentially increase the size of the 5 freeway to 14 lanes. Yes, you read that right, 14 lanes! Ten traffic lanes and 4 carpool or HOV lanes as CalTrans likes to call them.

Add to that, a sound wall approximately sixteen or seventeen feet high running down the complete length of Harbor Pointe from Poinsettia to Palomar Airport Road that will make life here like living in a fish bowl. But wait, there's more. The sound wall is not a given at any rate. It's "recommended" that it be built to minimize the enormous noise impact the project will have, but it's also "not reasonable" because CalTrans and the rest of the people who plan these things didn't plan enough money to protect humans from the effects of the project. So. it may or may not be built. And, in any case, the information that is contained on the CalTrans releases called an EIR/EIS appears faulty to say the least. (They won't respond in detail to anyone...just generalities which leaves us all very suspect! And you all know how much any of us trust the State of California when it comes to telling the truth about anything or spending money!)

Here's a link to the EIR/EIS for your perusal. It's interesting how much time they take to assure they protect wildlife and how little they took to assure humans are protected. Great time and cost spent on concern about how disconnected some community members might be, and how the freeway might split a community in some places, but total disregard for the rest of the community in others. Just unbelievable.

To see the proposal page just for Harbor Pointe, go to Part Two, Page 54. That's just the pictorial; the rest of the entire document bears review, especially Part 3 about sound, etc.

http://www.dot.ca.gov/dist11/Env_docs/I-5NCCDraft.html

Time to get off the dime and contact the City of Carlsbad, your state and county officials and anyone you can think of that will help stop this debacle from happening. Here are several links to groups fighting this so you can see what they are presently doing:

Torrey Pines Community Planning Boardhttp://www.torreypinescommunity.org/

P.L.A.G.U.E. websitehttp://www.i-5plague.com/

Another group actively campaigning against this debacle is CAFE, Citizens Against Freeway Expansion

CalTrans admits this won't solve the traffic problem, just push it back further down the line. There are a sprinkling of dollars for public transportation to help assuage the conscience of the community but only a pittance. We need better community public transit, not ribbons of concrete. Pollution, noise, dirt and congestion for years, all for what? So they can stand back and wonder what to do next when the answer was at hand 50 years ago...public transit? Light rail, commuter rail, more scheduling (not less like we have now) better funding for rail and bus, more feeder lines, better paratransit systems to get people to the Coaster and other transit.

If cities like St. Louis can do it, why can't we? Their transportation system makes ours look like crap, and ours was started first. In fact, they looked at the San Diego Trolley as a model for their system. Thank God they took the good and then ran away, because their system and bus and paratransit actually serves the people of a city much larger with huge suburbs. While out system just continues to disintegrate while some fools invest in concrete.

One helluva legacy for our kids, eh?

Vacation Rentals

2010-09-05T10:20:00.000-07:00

You all know we have a huge number of homes that are NOT owner occupied. I'd guess we have become, for want of a better word, a rental community. On one street, only six of the sixteen homes are owner-occupied, the rest are rentals.

But, did you know that some of the homes in Harbor Pointe are being rented out by the day, week or month as vacation rentals? Just like hotels? Yes, it's true. I was extremely surprised when someone pointed out the site http://www.vrbo.com/ to me and further pointed out several of the Carlsbad offerings. Lo and behold, two of them are right here in Harbor Pointe, offering all the amenities of a hotel, except perhaps turn-down service and warm cookies at arrival.

What does this say about who is moving in and out of the house next door? Anyone can rent for a few days or more? What about the R-1 zoning of our neighborhood? This isn't zoned to be a hotel property? What happened to security with more people coming in and out with gate codes. Oh, I forgot, we don't have any security here since the gate code is known to everyone anyway, and it's changed so infrequently it still works from many years ago.

I'd bet these rentals don't have business licenses as hotels from the City of Carlsbad, don't pay transient occupancy taxes and can't meet the code requirements for transient habitational properties. I'd also bet they have not had a Fire Department or a Health Department inspection to assure life safety and sanitation. Sure, the places are probably cleaner than any motel, but the question is...do they belong in HP?

Here's several links. I'd guess there are more. These two are supposedly on Shearwaters and Quiet Cove.

YOU make the call. Do these belong in YOUR community?

http://www.vrbo.com/181150 http://www.vrbo.com/132855

If you think not, complain long and loud to the HOA and the property management company.

If you don't care, then do nothing. It will be just another nail in the coffin that will continue to sink HP into an early grave.

How's Your Insurance Savvy?

2010-08-27T15:04:00.000-07:00

First off, did you ever wonder what would happen if there was a severe accident in Harbor Pointe, and HP was found to be at fault? Or, to better phrase that, lack of maintenance, lack of repair, or simply lack of due diligence on the part of the Homeowners Association was deemed to be at fault? Well, although we DO have liability insurance, here's some interesting reading:

"The decision in Ruoff v Harbor Creek Community Association is one that could make any association member nervous.[fn117] When an elderly guest of an association member fell down the stairs in the common area of a condominium complex and sustained injuries, the plaintiff's attorneys named not only the association but each of the individual unit owners because the plaintiff's injuries exceeded the one million dollars liability limits of the association's insurance policies.[fn118] Individual owners were held jointly and severally liable for the injuries even though the CC&Rs imposed an obligation on the association to maintain and repair the common areas.[fn119]

Following the Ruoff decision, the California legislature added and later amended Civil Code section 1365.9.[fn120] Section 1365.9 provides that in any tort cause of action against an owner of a separate interest, arising solely because of the unit owner's ownership interest as a tenant in common of a common interest development, the action shall be brought only against the association and not against the individual owners of the separate interests.[fn121]

While section 1365.9 limits the liability exposure of individual unit owners, there is not complete tort liability immunity. If there is a judgment that exceeds the association's policy limits, there is still a question of the association's assessing the members for the uninsured losses.[fn122] This could pose a problem if homeowner insurance policies do not cover the assessments."

Luckily, HP has a $3,000,000 liability policy limit (at last published statement) so you're unlikely to have a special assessment as a result of this.

And, we certainly can hope that Curtis Management is checking the insurance coverages of the vendors that are coming on the property. If a loss occurs, the vendors should be responsible for the loss, NOT the HOA or their insurance company. In the past, there have been contractors performing unlicensed activity here, and it has been brought to both Curtis' and the Board's attention, so we can hope they have their smart hats on in the future to avoid the potential for huge liability losses and/or fines that come with such activity. Plus, what are we paying a management company for if not due diligence?

Finally, do your own due diligence and be sure the vendors doing work for YOU have adequate insurance coverage and licenses to do the work. Did you know that if you hire a handyman with no liability insurance to do plumbing work for you, and he sets your home on fire with his torch, YOU are on the hook for the loss? Same with that so called "electrician" who re-wires your garage or installs ceiling fans. If he's not a licensed electrician and has no insurance, if that job truly "lights up your life" in a way you didn't want it to, you'll be on the hook for all expenses. And, chances of collecting if you try and sue him, are as good as the proverbial snowball in hell. To add insult to injury, when you go to sell your home, you may have to rip out all the wiring because it doesn't meet code!

The Streets...Your Opinions

2010-06-19T15:55:00.000-07:00

Wow...I have heard some opinions about the street sealing job and none have been complimentary, to say the least. Seems those I have spoken with are upset that the HOA spent $57,000 on sealing the cracks that are still apparent, and that water will still get into, so I decided to take a look myself and see.

Unfortunately, the critics are correct. There are hundreds if not thousands of cracks remaining in the surface, and many are wide enough to allow water intrusion and further damage to the streets as rain and runoff water enters them. Some observations on how the cracks were handled and sealed:

The dirt and debris was not blown out of the cracks with a high pressure hose. The vendor simply went down the streets with yard blowers and blew the dirt off the streets before applying slurry seal to the streets.
Laborers poured the same slurry seal that was used on the streets from plastic cups by hand over the cracks, while the vendor drove around in his pickup truck. The laborers scooped the mixture from plastic buckets in the bed of the truck and drizzled it on the cracks as they walked around.
The thin mixture didn't seal the cracks and isn't a crack sealer. Just a cheap method of adding a coat to the crack, perhaps hoping it would fill. It didn't. The cracks are back.

Areas of the sealer are cracking and where prior asphalt work was done, the sealer is already grainy and will deteriorate quickly. Vehicles turning are eating up the thin sealer and in some areas it looks like it's been down many months rather than a few weeks.

The slurry seal looked watery when put down and a little bit went a long way when squeegeed out by the laborers. Maybe that's the way it's supposed to be, but it doesn't seem to protect very well, and other than blackening the surface, it looks like when they used to spray asphalt emulsion on the roads. It made them black for awhile and sticky, but didn't last. Are we in for the same thing? For $57,000 of OUR money?

YOU decide. Are YOU happy with what YOU got for YOUR money?

Be Kind to Your Streets

2010-05-25T17:21:00.001-07:00

Now that the streets have been resurfaced, we can keep them in good condition by following a few easy tips:

Keep your vehicles drip free! Oil, transmission fluid, coolant and other vehicle fluids quickly damage the sealant and cause it to break down. Plus, the dark discolorations really look ugly.
Be careful what you wash into the streets. Lawn chemicals and other materials can discolor the sealant and make it break down faster than normal. Excessive soaps and detergents will also speed up the wear and checkering of pavement surfaces.
Kids chalk and other writing materials should be of a type that can easily be washed off with water and not damage the surface. Parents should be aware that for awhile after sealing, the surface will still be soft and may show impressions of writing if heavy pressure is placed on it during warm days.
Avoid placing trailer hitches on the pavement. Use a block of wood or other buffer to spread the weight and prevent damage.
Turn your steering wheel while moving. Don't turn the steering wheel while stopped until after the sealer is well dried and set. Turning your wheels while stopped will damage the surface.
Make low speed turns and don't spin your tires.

In addition to damage to pavement from oil and other materials, it's illegal to allow them to runoff and flow into storm drains. If your home is found to be the source of pollution, it can cost a bunch of money. And, with the pavement damaged, it will be relatively easy to see where the runoff occurred. Whew..a word to the wise is in order. Don't pollute and save the planet! And your wallet!

We paid heavily for the beauty and functionality of street sealing, which should last for years if done properly and cared for by the community. Let's all do our part and keep it in good shape and save our money for other projects in the future.

The Harsh Reality of Life, Death and Love

2010-03-07T09:14:00.000-08:00

On Thursday, February 25, in the early afternoon hours, thousands of miles way, my beloved sister Fran passed on to another life. Her years of suffering through one affliction, and then another, suddenly lifted from her shoulders, as a yoke might be lifted from the shoulders of a burdened soul.

Quietly and without much notice, she was gone. Little time for all the family to gather and say all the things they might have wanted to say in those last moments. Yet, in this case, we had not wasted those moments when the important things could, or should, have been said. Those special words from the heart, spoken to the dearest and nearest of kin and soul, "I love you" were said often and repeated back, signs of heartfelt caring and love between family. In this case, between a brother and sister, who shared many magical moments in life, some from a continent apart, for over six decades.

Strange but little things come to mind, such as the first time I ate pizza. Fran brought it home one evening and the family sat and stared at the new food and slowly ate it. We all laughed at the shape and the strange taste, but it was a new adventure and Fran was like that, always an adventurer.

One of the last times we spoke, only several weeks ago, we laughed about her going to Bingo with our mother in Maine. Bingo was held in the hall above the fire station, and they played for sugar and bacon instead of money. It was a big night when someone came home with a grocery bag full of food items! Quite a memory for a couple of kids to hold on to all these years.

I watched my "big sister" grow up into a beautiful young woman who loved to ride horses, and would chide her about the "horse" smell of her Levis when she came home after a weekend of riding. Fran was more at home in a shirt and Levis than a dress, but when she got dressed up she was absolutely gorgeous. I remember her wedding to Rich, and how beautiful she was in her wedding gown. Somehow, at that moment, it appeared that she outgrew the jeans and shirts, although in truth, I think that jeans remained her favorite method of dress most of her life.

On March 2nd, the funeral service was beautiful, and God listened to our prayers that day for no more rain. The morning was rainy and windy with thunderstorms, but it cleared up and the sun shone for the services, and although it remained windy, and later cloudy, Fran was laid to rest near the river, close to the water she always loved, with friends and family there to say good bye.

Things will never be the same. I won't have the phone calls to look forward to, to chat, exchange jokes, or family stories, or simply just enjoy hearing her voice again. I won't be able to tell her how much I love her. But, there is one bright spot. She always knew how much I loved her, and I know how much she loved me. Because we never held back on telling each other every chance we got. Each and every conversation ended with "I Love You" and more, from the heart.

So, if you love someone, tell them. Don't let the opportunity pass by to say "I Love You" while you can. There may not be another chance today, tomorrow or ever. Time is a precious commodity and there is so little of it to share with those you love. The sadness of the passing of a loved one will become more bearable as the days pass, and along with it more joy in the knowledge that you knew you loved, and were loved in return, And said it well and often.

And then came the rains.....

2010-01-29T15:21:00.000-08:00

The song about it never raining in California lies. And a great big lie it was last week when the big rains came. Not a simple storm, but four of them, real "gully washers" that created a mess for many people all around Southern California.

Unfortunately, Harbor Pointe residents were among those who felt the fury of the storms and associated waters. Flooding and water damage, unfortunately. occurred to several homes that I am aware of.

Several points to make that may help in the future:

Check your drains in the yard and landscape areas before the next heavy rains come along. Unfortunately, many of the drains get clogged with silt, soil, leaves, grass, yard debris and will not carry the water off in the event of heavy rain. In the event the area between two homes becomes a pond instead of a planter area or patio, one or both homes will possibly flood, depending on height above water. If you can't jet or rod out the drain yourself, have it done by a plumbing company. The HOA won't do it for you and it's too late when the waters are rising!
Remove items from your yard and patio that can clog drains or interfere with the natural flow of water away from your property. Items stored outside, with no way for water to move around or under them, can act as a barrier and trap water against your home, allowing seepage or outright flooding. Keep items several inches away from the house and allow air circulation for drying.
Consider gutters on your home to channel the water away from your house and property toward the street and alley areas. Properly designed and installed gutters can move a lot of water and can save your landscape, as well as keep water from ponding at your door, or at your neighbor's door! Gutters can be installed by local reputable companies, or self-installed when purchased at building suppliers such as Home Depot or Lowe's. They are available in Vinyl or Aluminum. The greatest benefit to professionally installed gutters, in my opinion, is that they are seamless, one continuous run no matter how long the needed length, reducing the potential for seam leaks. Self-installed gutters are eight and ten foot lengths, meaning more seams, likelihood of leaks, and more sealant needed.
Check your landscape, and contact the HOA and management company if you have problems with drainage, as far as water running on to your property. Unfortunately, many homes in the Village area seem to sit lower than the surrounding landscape, subjecting them to potential flooding in the event of severe weather. It would seem this situation could be improved by changing the common area landscaping and installing drainage somehow to prevent water ponding. Or, to install sumps where needed with backup pumps installed by a licensed electrical contractor, to automatically remove excess water from low-lying areas. I don't have a definitive solution to this, but someone sure should have after witnessing the effects of the rains.
Be sure to shut off yard sprinkler systems when it rains. I know this sounds almost too simple to mention, but some people forget, and the excess water adds to their woes, not to mention their water bill. You might want to consider a moisture detector for your system so the sprinklers only activate when moisture is needed, rather than simply on a timed basis. If the landscape doesn't need water, the moisture detector bypasses the timer; if the water is needed the timer works as usual. Very simple. In that manner you'll save water as well as money.
Outdoor items that become wet (as well as anything inside too) need to be well air dried to prevent mold and mildew from forming. We're fortunate to have lots of sunshine and fresh air that keeps most mold and mildew at bay, but if you let it grab hold, it can be hard to eliminate and make some items useless. Some forms of mold are downright dangerous to health, especially to persons with respiratory problems. The caveat here is to clean up and eliminate all mold and mildew before it gets a chance to become a major problem.

We'll see more rain in the future, although we hope none will give us the lashing we took the past week. Gentle rain would be nice, and multiple soakings to fill our reservoirs would be a blessing. We certainly need lots of water to get out of the drought situation, but not all at once, thank you!

Finally, please continue to conserve water. A few rainstorms doesn't mean we're out of the woods yet. It makes the woods greener, and we're thankful for that, but we still have a ways to travel. Thanks.

Good Samaritan Law Gets Update

2009-12-21T15:10:00.000-08:00

Your recent newsletter alluded to changes in the Good Samaritan law. Unfortunately, the newsletter doesn't give you much information on anything, so I thought you might like to see what the changes are and what brought them about.

In December, 2008, the California Supreme Court ruled that a person who provides non-medical assistance to another operson during time of an emergency can be held liable, and sued for damages, if that person is injured as a result of the efforts of the rescuer. The result was from the verdict in the Van Horn vs Watson case, which stemmed from a vehicle accident.

Van Horn was the front-seat passenger in a vehicle driven by Anthony Glen Watson, whom she also sued and Torti was in the second vehicle. After Watson’s car crashed in a light pole at 45 mph, the second car pulled over and the driver and Torti rushed to help Watson and Van Horn to escape the wreckage.

When Torti came upon the vehicle immediately following the crash, she saw smoke and liquid coming from the car and feared it was going to catch fire. At which time she proceeded to pull Van Horn from the vehicle, said Torti in a deposition.

Van Horn testified that Torti, in a fit of panic, yanked her from the vehicle “like a rag doll,” and blames her friend for her paralysis. The suit alleges negligence by Torti in aggravating a vertebrae injury suffered in the crash, causing permanent damage to her spinal cord.

Basically, Ms. Torti pulling Ms, Van Horn from an automobile following an accident, where Ms Torti believed the vehicle was imminently going to catch fire and further injure or kill Ms. Van Horn. Unfortunately, Ms. Horn was rendered a paraplegic during the rescue, and sued her friend, Ms. Torti for damages, alleging that Ms. Torti was not covered by the Good Samaritan law since she was not rendering medical aid. The California Supreme Court agreed, causing a furor among would-be Good Samaritans and rescuers and others who would help in an emergency, including earthquakes, landslides, fires as well as auto accidents.

On August 6, 2009, Assembly Bill 86 was signed by Governor Schwarzenegger, effectively reversing the Supreme Court decision. Information on that signing follows:

Today Governor Schwarzenegger signed Assembly Bill 83 (Feuer/Benoit), legislation which encourages individuals to act as "Good Samaritans" and voluntarily help rescue others in peril. The legislation goes into effect immediately.

“Now Good Samaritans have no reason to hesitate to responsibly help someone in an emergency out of fear that they might be sued, " Assembly Member Mark Feuer said. "This legislation encourages Californians to look out for each other at a time when public resources are all too scarce. I'm proud of the broad coalition that came together to make this common sense law possible." The bill garnered unanimous bi-partisan support in its passage through the Legislature, and it created a broad and unusual alliance of support from law enforcement and rescue agencies, as well as the plaintiffs and defense bars and the American Heart Association.

“As a former Highway Patrol Commander, I’ve experienced many situations where Good Samaritans arrived first on the scene, making the difference between life and death for accident victims,” commented Senator John J. Benoit (R-Bermuda Dunes), a 31-year law enforcement veteran and principal co-author of AB 83. “Good Samaritans show kindness to others and their good acts should be encouraged, rather than discouraged.”

AB 83 reverses a recent court decision and clarifies the Legislature's intent to shield all Good Samaritans from lawsuits if they act responsibility – regardless of whether their rescue assistance is of a medical or non-medical nature. In the court case of Van Horn vs Watson, the California Supreme Court ruled that the state’s Good Samaritan statute only partially protected those who voluntarily act as Good Samaritans from possible negligence lawsuits. The Supreme Court held that such volunteer rescuers would only be shielded from lawsuits if they provided “medical care” at the scene of an emergency; they would not be protected from possible liability if they provided "non-medical care."

Another supporter of the legislation, Christine D. Spagnoli, president of Consumer Attorneys of California, stated: “This bill strikes an important balance between the human desire to help people who are in distress, and the rights of victims. Consumer attorneys are delighted to join police, firefighters, paramedics and insurance and business groups in endorsing this measure.”

“Assemblyman Feuer and his co-authors deserve a big thanks for acting quickly and fixing a quirky law that threatened to penalize people who performed noble acts in helping others in an emergency," said John H. Sullivan, president of the Civil Justice Association of California (CJAC).

Assembly Member Feuer was moved to introduce AB 83 by personal experience. While driving home from work on a Los Angeles freeway we witnessed the driver of a pickup truck swerve and lose control, overturning in traffic. Feuer helped pull the driver and his family from the overturned vehicle while others blocked traffic on the busy freeway.

Roof Fans, Solar Fans and Solar Vents

2009-09-15T15:19:00.000-07:00

One facet of solar roof fans and vents that seems to have been left out of the equation is fire. Solar vents and fans operate continuously as long as there is sun reaching the photo-voltaic, or solar panels, which supply electricity to the fan motor. Most of the units where I have been able to read the instructions, tout they need no thermostats or humidistats, as they run continuously and keep the heat and humidity down before it gets too high.

That's all good and well...unless a fire starts in your attic. Then the fan creates a draft that will suck the flames from one end of your attic to the other quickly, and there is no way to shut off the fan until it malfunctions from the excessive fire temperature, or it melts. None that I have seen note they have a high-temperature switch or fusible link built into the fan to preclude this type operation. Some have available a temperature actuated switch (thermostat) to turn on the fan at 85 degrees or some similar point, and off at 60 degrees, but none with a thermostat that will shut down in event of fire.

I wanted to install some of these in my attic, but would be concerned about an attic fire. A fusible link that would cut off the fan at 165 degrees would cost the manufacturer pennies per unit, and could mean the difference between a small fire and a total loss of a home. Electrically powered fans are required to have such a cutoff; why not a solar fan?

Granted, the solar fan itself poses almost zero danger as far as fire is concerned. The motors don't heat up to any level that should be concerning, and they certainly don't use household current, so wiring shouldn't be an issue. Furthermore, they shouldn't have bearing or lubrication issues for many years. Thus, the only concern would be the draft created in event of an attic fire from any other cause.

Finally, reading volumes of information from fix-it guides and online sites, there is a big question how much value the solar fans actually have. One site stated they installed two fans in the roof and only noticed a one degree drop in temperature as measured at noon. In addition, when a cloud goes by, the solar fans stop, since they have no battery backup. Significantly cloudy days mean no fans running, and in the evening, the attic remains hot as Hades according to the site, since everything remains heated up, such as the roof covering, wood, insulation, etc. So it doesn't do any good removing the trapped hot air for the next twelve hours or so. Again, remember these fans are strictly solar, so you don't get any help from the sun in moving air when it's dark.

Finally, even if this were the way to go, in order to move an adequate amount of air, you might need multiple fans on your roof, considering the size of your attic and the volume of air needed to continuously be moved. Maybe three or more, and even then, you might find you put out a lot of money for not much cooling help. And, in the winter, those fans will run all day too, bringing cold air into your attic, when you might actually want the warmer attic air to help keep your home warm, rather than pay SDG&E your energy dollars.

Be energy wise, and most of all, be energy safe!

Renters, Owners and Who Really Cares

2009-09-12T13:39:00.000-07:00

Harbor Pointe has become, in large part, a community of renters, with about 200 of the 362 homes occupied by renters from what I have been able to learn. Many of the owners seem to be talking about moving out, tiring of the rental issues, lack of landlord maintenance and control on the rental units, and fear that the value of the community will tumble faster than the horrendous real estate beating the country has already taken.

That's a shame, since Harbor Pointe, miraculously, has virtually managed to escape the severe downward spiral of real estate pricing we have seen over the past sixteen to eighteen months. Sure, there have been some lowering of prices on some houses, and maybe some owners have jumped at offers that might have been a bit low, just to move on quickly. You have to realize we do have people who need to sell quickly due to military commitments, so houses might sell faster and a bit lower than if they held out longer; I don't think there was a downside to most of those sales.

We have had very few foreclosures, and those sold at good prices. No pennies on the dollar pricing here. That too is a good sign of a solid community. The overall number of homes on sale at any given time is pretty low. Sure, there was some panic when house prices started to tumble, but that happened all over.

In reality, where can you find a gated community less than a half-mile from the ocean with beautiful summer breezes and great homes for less than $500K? In Carlsbad, a relatively safe community in North San Diego County. Within walking distance of the Coaster commuter train to the heart of downtown, or link up to the MetroLink or Amtrak train to Orange County, Los Angeles and all points north, northwest and east? Or take a bus to most anywhere? Or the freeway within one minutes drive? The beach and mountains all at hand for your pleasure, shopping, the arts, entertainment. It's all here and at an affordable price.

The gist of the story is that rather than see the homeowners panic over the renter issue, the Board of Directors needs to become more vigilant, and perhaps to use a word "hard-nosed" about the rental issue. Stop letting the landlords get away with their properties becoming eyesores. Reign in the tenants who run amok and be sure they know the rules. Quit coddling the people in the constant effort to avoid confrontation. Get tough on the things that matter, rather than nit-pick at the things that don't. Raise the fines on the bad actors so they have to get the bad tenants out. If you do not, you're abdicating your responsibilities as the Board of Directors and damaging the quality of life for all of the residents of the community. We deserve to live in harmony and peace. Not turmoil as a result of bad decisions or inaction.

Did You Receive A Flyer?

2009-08-30T10:18:00.000-07:00

Several neighbors received a flyer from a company advertising themselves as some sort of home security specialists, and offering services such as installation of locks, peep hole viewers and other security measures around the house. The flyer shows an Encinitas address which is a residence, and not a commercial address; the license number given on the flyer is that of a private investigator from Pasadena, CA so I am told, and not a locksmith, which is required to install locks, and it is unknown whether the mailer of those brochures has a business license from the City of Carlsbad to do business here.

I attempted to call the number listed on the flyer, and it was forwarded twice during the same call attempt to automated mailboxes that forwarded it to another. Later, a woman called back but didn't identify herself as the security solutions company, until I specifically asked; then said they were. I then asked if they had a locksmith's license as required by the state, and she told me they were handymen, that I must have the wrong people, and hung up on me. That says volumes about whom you might be dealing with in this instance. So, I'm not condemning here, but the old Latin saying sure applies "caveat emptor" or "buyer beware."

Before doing business with anyone, no matter what their proposed, or alleged, credentials are, contact the City of Carlsbad to see if they have a license to do the type business they are offering. If they do business with you in an amount over $500, they have to have a license through the Contractors State License Board. http://www.cslb.ca.gov/ If it's a business regulated through Consumer Affairs, such as Locksmiths, they have to have a locksmiths license to install locks or change keying on your home. (Making duplicate keys at Home Depot or the hardware store isn't considered locksmithing). Contact the Bureau of Security and Investigative Services at http://www.bsis.ca.gov/online_services/verify_license.shtml and check out the license. Contact the Better Business Bureau http://sandiego.bbb.org/ to see if they are members. Check to see if they are Bonded and Insured.

Check first because who do you want scoping out your home? Someone you don't know who sends you a flyer? Or someone you check out first and that you make the primary contact with?

Factually, many who send, or leave flyers and brochures, are honest working people just trying to make an extra dollar during hard times. Others are not. And in these hard times, you need to be extra cautious about who you allow to visit or work on your home. Because you have the most to lose.

Bottom line: Just because someone has a license number on a flyer or hand-out doesn't necessarily mean they are licensed to do the work they advertise. Check them out carefully before you jump into anything.

Wildfire Season - Redux

2009-08-28T08:02:00.000-07:00

This is a rehash and mostly repost from several years ago. It's still highly appropriate for everyone to take notice:

It's been about two years since the last huge wildfires in San Diego County, and the winds of change haven't blown all that much sense into many citizens in insurance savvy.

As an investigator, I've seen lots of fires and lots of piles of ashes, as well as many homes that have been rebuilt, but the cost of rebuilding doesn't come cheap. For some reason, people just don't ask before the fires just how much insurance they have and get it in plain policy language. They depend upon a call to an unseen insurance agent who may never have seen their property or try to guess at the value from what they paid for the house, forgetting the land is not part of the actual dwelling value. Plus, their insurance agent or insurance company may never have actually seen the home, or could be using a third party inspection company to do a "drive-by inspection" and may be using a value estimator system that can be so way off base, that the true value of your home is not even close.

Finally, your insurance policy is a contract between you and the insurance company. you decide what you need guided by your broker and common sense. Get everything in writing. Handshakes are a thing of the past when it comes to contracts and they won't hold up in court. Good hands and good neighbors and good friends or whatever anyone wants to say is all well and good in a commercial but good payments are what you want when your loss occurs. Nothing else but expediency and proper payment.

Oh, one last thing about that estimator I spoke of. If it's done absolutely correctly, you could end up with a great figure and insurance to value. But if not, your home could be way under or over valued, based on a multitude of factors. I've used the programs and changing one or more parameters can sway the values immensely. So look closely and be sure the figures you see are accurate. If you question the figures, have them run again and look at what was input for YOUR home.

Plus, if you think you're smart and saving money by understating the value of your home and contents when buying a policy, you could be commiting fraud when you sign the papers indicating all your ststements are true. Then you could be left with nothing but a pile of ashes following a loss! At best, you'd be stuck with lots less than the cost to rebuild or replace your home.

Insurance policies are sold based on value, which, to simplify things, can be a stated value, an appraised value, a full replacement cost, or a set percentage replacement cost. The best policy is a full replacement cost policy with full code upgrades, meaning the insurance company will replace your home, regardless of the insured value, and also pay for any improvements required as a result of codes since the property was constructed. That type policy does cost more, but affords greater protection for many people. This is where you need to be asking your agent the right questions and taking inventory of all your possessions to be sure you're adequately covered!

Let's think about depreciation, appreciation and all the things that happen during the good and bad economy that we're seeing right now. You bought that house for $500K and it's value, including improvements like the swimming pool and interior work helped it soar to $900K over six years. Then the market plunged over the past two years and now it's worth $600K, much less than you have invested in it, and many hundred thousand less than you owe based on the mortgage and home equity lines, etc. If you didn't keep the insurance-to-value up on your home as you made improvements, you would likely be woefully under insured should a loss occur.

Since the house has depreciated, some people think that it will cost less to rebuild. Not so. The cost of building materials, fixtures and labor will be significantly higher than they were when your home was built, so even though the value placed on the home as a "real estate sales price" might have tumbled, the actual cost of rebuilding will be lots higher than it was for the original dwelling.

Another factor lots of people fail to recognize is the "economy of scale" when a builder completes a development. If you own a tract home, the builder has the benefit of contracting for or purchasing materials at a good savings to build dozens, or even hundreds of homes at one time. That economy is lost when a builder must "spot build" one home. In addition, should the new home have to be rebuilt between existing dwellings that have survived a fire, there are extra costs as restrictions in movement, the cost of cranes or specialized equipment to move equipment and materials over or around adjacent structures to reach back yard areas, have to be included in the costs of rebuilding.

The bottom line is to sit down before the time of loss and pore over your insurance policies and see if you have enough coverage. If you have a replacement value policy, does it cover enough of the replacement value to actually make you whole again, or will it leave you partially rebuilt. Do you have specific coverage needs for high value jewelry, collectibles, firearms, antiques, or anything out of the ordinary that will not be covered by the normal policy? If you don't know for sure, ask and get it in writing! Increasing your coverage is as easy as sitting down with your agent or broker, or a phone call to your insurance company, and discussing your needs and what is realistic coverage for your home, business and contents. Once the flames come calling at your door, it's too late to wish you had made the call earlier, because by then, it's too late.

One more thing about that estimator I spoke of earlier...it can be way off value, so check the figures you get on your home before accepting any value as correct. If you think the figures are wrong, ask that they be run again and ask for how they were input. I've used the programs and they have so many parameters; if one or two are off, your values can be way off too.

Have a fire safe season and clear that defensible space around your home NOW!

Traffic Safety...Again

2009-07-24T09:08:00.000-07:00

We've had several traffic accidents in our community, and thankfully there were no serious injuries or fatalities. But, it's coming. Some day, someone, perhaps even you or your child, will be the victim of a speeding driver, or one of the many drivers who pays no attention to stop signs in our community.

Will it take a tragedy for someone to realize the traffic laws apply here as well as anywhere else? Do people feel that because this is a gated community, they simply don't have to comply with the law? Is that how they will explain their case to the police and the judge when the accident occurs? And the lawyers afterwards when the lawsuits start rolling in?

The speed limit in Harbor Pointe is 15 MPH. Vehicles have been clocked at three times that speed or more! That is not safe. Period. Harbor Pointe Road is a NO Passing Zone, yet vehicles will pass you if you're not driving fast enough for them, crossing into the oncoming traffic lane.

Many residents must need eye exams since they apparently do not see the stop signs that dot our community. They blow by them like they aren't even there. We all know of the "California Stop" but that's not even evident as people don't even slow down in many cases.

SLOW DOWN!

It's not worth endangering the children and adults in our community to save a few seconds. This is a small community and racing between the gates can save only a few seconds at best. Plus, you're wasting your gas! Stop at the stop signs, slow at the "Yield" signs. If you have problems seeing the signs, either you need an eye exam, or complain to the Board of Directors, as many of the signs are truly difficult to see, but still need to be heeded. As adults, drivers should have a pretty good idea where they need to slow down and/or stop; having an accident shouldn't be the tell-tale that says you needed to be more vigilant at an intersection.

Park on the correct side of the street!

Just because this is a private community does not mean the traffic rules are "out the window." Think about this...in most jurisdictions, if you park the wrong way and are hit by another vehicle, unless the other driver is under the influence, you have contributed to the accident, and your insurance company may find you partially or wholly at fault! Your decision to save a few seconds and park facing the wrong way could cost you lots of money. It's what is known as contributory negligence in that you contributed to the loss by your own negligence by parking the wrong way. Same if you park too far from the curb, etc. The HOA will be enforcing the CC&R rules so if you park the wrong way, across the driveway, across sidewalks etc. you can expect to be cited. Vehicles that are illegally parked can be towed following notice according to the association rules, so we all need to be aware.

Who's Doing Our Electrical Work? The Answer May Surprise You!

2009-07-14T11:04:00.000-07:00

The March 2009 newsletter announced a proposal was accepted in the amount of $20,500 for electrical work to install new lighting fixtures on Sandbar Way to improve safety. The contract was given to a landscaper by the association. I am unaware if there were any other bidders.

According to the Secretary of State, said lanscaper holds a C27, Landscape Contractors license with the State of California. They do not hold a C10 Electrical Contractor license, which is required to install electrical lighting, and is NOT covered by a landscapers license. Thus we have some questions.

1. Why didn't the Association contract with a licensed electrical contractor? And why, in the past, have they also awarded electrical jobs that required an electrical contractors license to a landscaper, when they are not licensed? Isn't anyone checking?

2. The City of Carlsbad issued the permit for the work, although the contractor is not licensed to do the work. The City first stated that perhaps it was an error on their part, because they are "so busy" then later stated it is allowable under their interpretation of the code if such work is "supplemental to" a landscape contract. No, according to the State Contractors License Board that doesn't fly particularly since it was a separate job anyway.

3. The completed work did not meet code, although it was inspected and passed by a Carlsbad city inspector. (Seems he didn't know the conduit was installed on the outside of the sound wall without benefit of standard watertight fittings, giving rise to more questions about the competency of both the installation and the inspection process.) The inspector did re-inspect upon insistence, and acknowledged the work was not done correctly, and indicated he told the landscaping company the issue must be corrected. That gives rise to more questions...asking a contractor who is not licensed to correct work that was not done legally or right in the first place? And the inspector had to be reminded a week later that the work remained as originally installed...incorrect.

4. It took two weeks from being notified of a problem to the work finally being corrected, after it rained twice on the non-waterproofed installation. Professional? You make the call!

5. Is the rest of the wiring installed by an unlicensed contractor done properly and safe? Who knows? Most is not visible and the first sign of a problem could be failure, or worse, an electrical shock to a resident or visitor. Which is why the State of California mandates electrical work on voltages over 91 volts, be done by a licensed electrical contractor.

For more information on licensing: www.cslb.ca.gov You can enter a licensee name or license number and check the types of licenses they hold. You can also contact the Secretary of State for additional information.

I would hope the Association would check licenses when they allow bidding on jobs. And refuse bids unless they see proof of license. I don't think anyone realizes that the liability insurance issued to a contractor may not cover losses involving work outside the governing class; the same with workers' compensation. So, if anyone were to be injured, or worse, as a result of negligence in installation of electrical equipment, every homeowner could be holding the proverbial bag. The board complained long and loud about Vyto doing unlicensed work on electrical fixtures and wiring; let's hope they have the common sense in the future to check licenses before work commences in our community, on projects that may affect us all.

Crime Rears its Ugly head...Again

2009-07-04T09:33:00.000-07:00

Once again, a residential burglary occurred in the Village. It occurred on Skysail Lane at 10:00 PM according to ARJIS, the Automated Regional Justice Information System. (This system is available to any citizen who would like to take the time to peruse the system) It is the second burglary in recent months in the village, the prior being on Spindrift Lane, in mid- afternoon.

For those interested, the link to ARJIS is: http://www.arjis.org Simply click on "Crime Maps" then "Accept" then "Go to Mapping" , click on Carlsbad, ZIP Codes, 92011 and next. You can then choose the incident types you would like to review, click next to pick a time range, then next for the map. You can get reports for the incidents by clicking the reports box which gives more information on addresses and time, etc. A great tool to see what's happening in your neighborhood!

Friends, our neighborhoods are changing. Burglaries are something we never had in the past. Our "security" gates are a sham because the codes never change. Everyone who has lived here since the last code change has the code and gives it to everyone they know to enter as they please. People give it to tradesmen and delivery people; kids give it to friends who give it to other friends, gardeners give it to others and it becomes an exponential group of people who now have access to YOUR gated community, for which YOU pay the bills to have those gates working and maintained. And, paid an exorbitant amount to have new gates installed at the behest of the board of directors. Yet they beseech you in every newsletter to use the pedestrian gates so as not to wear out the gate openers. In other words WTF? Control the gates!

Maybe if the board of directors paid some attention to actual community security, we wouldn't be throwing $3100 a month down the drain to keep a security guard at the pool to discourage problems and vandalism? That's their answer to everything...throw money at it and maybe it will go away...YOUR MONEY, FOLKS! Maybe if there is a problem with some idiots throwing stuff in the pool, there needs to be nothing in the pool area? How about taking a poll of the residents and see how many actually use the pool out of the entire community. Maybe the pool is something we don't really need? After all, are over three hundred homeowners paying for maintenance, repairs and a guard for the enjoyment of a small portion of the community? Turn it into a clubhouse so the monthly meetings, attended by a handful, can be held there!

Maybe spend the $3100 a month and put a guard in the Guard Shack and have him open the gates for people who have no remote control? Check some ID's and see who really belongs here and who doesn't? I'd bet that would be telling? The board touts our streets as "private" and doesn't want intrusion by the regulatory agencies any more than possible, but lets everyone just wander in and out unbridled because they don't have a clue about security. I'd bet their justification is that they don't want to "inconvenience" the residents. Do you think they might be more than inconvenienced if the break-in was at their home? Then again, if you look around, the Village seems to be the poor offspring of those who live "on the hill" and has steadily been declining for years with little enforcement of policy in most areas. Those who keep their homes up and try to follow the CC&R's appear to be the exception rather than the rule.

Request additional Carlsbad Police patrols through the community. Call the police department and ask for it. Don't depend upon this being a secure place until the board helps you secure the community by doing something about the universal gate codes.

And, finally, the board needs to quit the whiny newsletter and tell it like it is. People need to clean the dog crap up and stop letting their damned dogs run loose. Call Animal Control and turn the thoughtless people in. All the cutesy "scoop the poop" in the newsletter hasn't worked in years, and now we have large dogs roaming in the development. I see several older citizens carrying pepper spray and I don't blame them one bit. A dog attack could be devastating, or fatal, to them and even though the dog that goes charging up to them could be friendly, and just barking "hello" there is no way of knowing. The owner is responsible for having the dog on a leash and if the dog is sprayed, I'm sure there will be a confrontation, and a big scene, or worse. But the dog owner will be on the losing end, and likely be fined or, if the other person is injured, could do jail time. It's time to be good neighbors and quit being so damned selfish and thinking only of ones self.

This could be an idyllic place to live, but we're slowly doing the downhill slide, folks. Time to put the brakes on and get with the program and start thinking of being neighborly

Fireworks and Idiocy!

2009-06-06T10:26:00.000-07:00

I am repeating most of what was posted in a January blog post, as we continue to have some less than bright people, with zero common sense, who think that setting off fireworks in this extremely dry season is somehow appropriate and safe. Obviously they have no concern about the residents of Harbor Pointe, because if they start a fire here, with the current conditions, there is a very good chance it will spread and destroy homes before it can be controlled. Frankly, I could care less if they blow their hands off or suffer irreparable eye injuries; that's their problem. But if they damage or destroy homes, that's a community problem.

As previously pointed out, sale, possession or use of fireworks in Carlsbad is illegal! It's also illegal in all of San Diego County; all the cities and communities have adopted codes to preclude the sale or use of fireworks.

Per the City of Carlsbad Municipal Code, Fire Prevention Code:

17.04.290 Section 3301.1.2 added—Prohibiting the possession, sales and use of fireworks.

2007 California Fire Code is amended to add Section 3301.1.2 that reads as follows:

The possession, sale, use and or storage of all types of fireworks are prohibited within the city limits. This includes those fireworks classified as “novelty” fireworks (e.g., snap caps and poppers) by the California State Fire Marshal.

This section does not apply to public fireworks displays permitted by the Fire Code Official conducted by properly licensed persons meeting the requirements of Title 19 California Code of Regulations, Chapter 6 - Fireworks.

Also, be aware that persons setting off fireworks illegally are fully liable for any and all injuries or damage caused by their behavior. Injuries or damage, caused directly or indirectly as a result of their activities, may be cause for civil action. So in addition to police involvement, a fine and jail time, the person or persons can be sued for damages as well.

If a resident can identify persons setting off fireworks, or knows who is doing so, please contact the Carlsbad Police Department and let them know. If you see it happening, call 911. If it's afterwards, call the administrative number at the police department. It's too late after you watch your, or another, structure on fire as a result of some idiot who has no concern for the community. Be pro-active and protect your community!

Fire Season is Upon Us Again

2009-05-17T20:03:00.000-07:00

Just a reminder that fire season is all year round here in Southern California. Please be extra careful with fires this year, as it's extra dry and the water supplies are very low. Don't discard cigarettes carelessly, be careful with outdoor cooking, extinguish campfires (if allowed) completely, barbecue charcoal should be allowed to completely cool before being discarded; wet it down thoroughly if needed.

NOTE: There is NO live feed from KPBS on the left. That is a simulation from the 2007 fires only. Just a reminder of how bad things were and how we were in a voluntary evacuation state here in Harbor Pointe! Far from the heavy vegetation yet on the fringe of a firestorm

Thanks to the work of our firefighters, police and other emergency personnel, we dodged a bullet that time. We might not be so lucky again. So please be fire safe and help protect not only our quality of life, but life itself. And when you meet a firefighter, simply say "Thanks" because without their hard work, and putting themselves between the fire and you, you might not be reading this and I might not be writing it.

Thank you.

Vote for Change!

2009-04-25T21:48:00.000-07:00

The elections are coming up and the Annual Election is on May 13 at the Carlsbad Public Library on Dove Lane.

If you are not happy with the fiefdom and rulers that presently grasp your community, then get yourselves out to vote, or cast your vote for someone else other than the ruling parties. Cast all 5 votes for someone else if you wish. If you know of a suitable candidate, then just ask them to run and write their name in. Enough write-ins can tip the ballot to force a run-off, or even a clear-cut victory for a newcomer.

It's not an easy job being on the board and pretty thankless. But, face it, most of the board members are pretty hesitant to listen to ideas outside their circle. They only want to hear what they want and nothing else. So, if you believe there needs to be a change, vote the incumbents out. If you think the $12,000 for few mailboxes is pretty exhorbitant versus $36,000 to change them all, maybe we need a change.

Whatever you do, if you don't vote, either write in or in person, don't complain later.

Harbor Point Burglaries!

2009-04-18T10:24:00.000-07:00

I have heard of one, the second of two burglaries in our community, and people need to be aware of this happening to them. In one documented case, the thieves broke through the back glass panes of the residence door and then into the residence. I don't know what was stolen, but the homeowner believes he may have interrupted the thieves as it appears they left in a hurry. Whether this is factual is simply conjecture at this point.

This one was in broad daylight, in the late afternoon from what can be determined. So, the thieves didn't even seek the cover of darkness, they just casually went to the rear of the house and broke in.

In the other case it appears the persons attempted entry through the garage, but according to the Carlsbad Police, nothing was taken.

Face it, this is a changing community and you need to take steps to protect your property and yourselves. What if an elderly or young person were home when thieves attempt entry? Would they run or ? Better to be prepared, and not take a chance to find out they are bolder than you think. Some suggestions:

Install security latches or deadbolts on your rear doors. Better yet, install a security door on your rear entrance if possible. If you have one installed with a double cylinder deadbolt, be sure to have the key ready for an emergency, so you can exit in case of fire. You do not want to be trapped inside simply to keep burglars out. I suggest two keys, one near your bed and the other near the door but safely secreted. (Don't forget to contact the HOA architectural committee for approval on any exterior changes)
Consider door alarms that make loud noise if a door is opened. They won't scare away professional burglars but might help thwart amateur thieves. But remember, if you have pets such as cats or dogs, those that operate on the passive infrared (PIR) principle at night will not work properly as active animals will constantly set them off.
Consider a professionally installed alarm system. Some companies offer monitored alarm systems for a nominal fee and will even install them free with a monitoring contract. But, check with the Better Business Bureau and be sure who you're dealing with before signing any contracts. KNOW the company you'll be letting into your home! Check with the Carlsbad Chamber of Commerce and the police department as well.
Don't advertise your going and coming from your home. Don't leave doors and windows open when you're not home. Close your garage door when you're not in your garage or not entering or leaving. Don't leave notes on your home for the mail or UPS or FedEx to leave packages because you're not home. That's like telling a burglar to please come in! Have the packages delivered to a neighbor, redelivered, or held for you at the Post Office. Place the note in your mail box for the mail carrier.
Install automatic outdoor lighting. This will help dissuade nighttime activity around your home. As previously noted, report streetlights that are out to the HOA management company immediately. If it appears they have been shot out or otherwise vandalized so they leave an area dark, report that to the Carlsbad Police Department.
Report suspicious activity! This is important! See cars cruising the neighborhood that don't seem to belong here? Are they cruising the alleys? Do you see people looking around and if you ask if you can direct them somewhere, they hurry away. That's sure suspicious. Simply get the license plate number and car description as well as a description of the occupants and call the Carlsbad Police non-emergency line at 931-2197.
Contact the Carlsbad Police and request additional patrols in your area. You pay taxes for this service and if you do not see a police presence, call and ask how often the patrols are made, and ask if they can increase the patrols. Be aware that the HOA doesn't want to portray our community as a problem area, and may not have requested any additional patrols, if any at all! So, be proactive and do it yourself.
Then we come to the question of home defense. What to do if you are suddenly confronted with an intruder in your home? Unfortunately, there is no simple answer. If you have the ability to retreat, usually that's the best course of action. Most times, but not all, the intruder will be as startled as you, unless it's a home invasion, and want out as fast as possible You have the right to protect yourself, your family and your home. Can you use deadly force? That depends. If the intruder is armed with a weapon, doesn't retreat, and you feel your life is in danger, you have to make that decision in a split second. Nobody can make that decision for you, nor will you ever be able to change your decision once you make it. I know what my decision would likely be, based on several scenarios, and every person has to make theirs way before the incident occurs. Whether you are a martial artist, a firearms owner, own a Taser or swing a baseball bat, you had better know if, when and how to use your skills when the time arrives. And be absolutely right. Because the situation arises suddenly and without warning, and you don't have time to ponder "what if" scenarios in the precious time you have. Make a bad decision and you take a life needlessly...or have yours taken. Makes you appreciate what a law enforcement officer goes through, doesn't it?

Update

2009-02-23T20:22:00.000-08:00

The news is in, and indeed a mugging did occur to an elderly homeowner while getting his mail on Shearwaters and Bluewater. In fact, the Harbor Pointe newsletter, published by the association, has started publishing some of the very news you see right here first...so either imitation is the sincerest form of flattery, or the doors of their cave is opening slightly to allow sunlight in from the rest of the world.

As far as the vehicle accident, I have learned it was at the corner of the alley behind Sandbar and Spindrift and involved two neighbors. Speed and negligence were pointed out as the prime causes for this MVA but thankfully there were no reported injuries, which is the best outcome. Metal is easier to repair than bodies...hurts less too. Except maybe the pocketbook.

Tagging has been an on-again and off-again problem here in HP. We seem to go for years without it an then get some. If you see taggers, get a photo of them and the tagging if you can. If they ride skateboards or cars, get a description; in the case of cars get the plates. Skateboards, clothing and other features are sometimes distinctive enough to lead to apprehension of the offender.

Report all out streetlights and lighting to Curtis Management immediately. They have a great track record on having lighting repaired. Call or better yet e-mail them so everyone has a record and carefully identify the exact location.

Consider some motion detection lighting for your property? Cheap and effective, and some are even solar powered and cost nothing to run. Even the electric powered have timers that will illuminate on motion and heat (PIR Passive Infra Red) and can be set for distance, sensitivity and amount of time they will stay on when activated. A 300 watt halogen costs pennies to operate a months, considering a low on time, and will really light up the area. Plus it can be moved to shield the neighbors windows from your lighting.

Be safe and be well lit!

Whew!!

2009-02-19T16:08:00.000-08:00

The latest word on the street is that there was a mugging in Harbor Pointe recently, with a wallet stolen from an elderly resident. Also heard that the person responsible for this despicable act was apprehended, but that has not been corroborated as of this time. ARJIS doesn't have updated information in any event. Also, a traffic collision was reported in the Village mid-February with significant damage to one or both vehicles, but the exact location appears to be a mystery and nobody is talking much. We hear one of the vehicles appeared pretty totaled to the casual observer. Whew, folks, slow down and be safe in HP. Regardless of the cause or whys or wherefores, safety is more important than anything else.

Dogs running loose continue to be a problem. Two brown and white pit bulls were noted to be running loose this week all over the development, and the dogs look like twins. Speaking to some animal control specialists, they suggest pepper spray or other device might not be such a bad idea if you're going to be out walking and such animals approach. Facts are that if you're attacked by a large breed dog, there is a good chance you could be seriously injured or killed before anyone would be able to come to your aid. Thus the admonition to do whatever is needed to protect yourself from these breeds. Baseball bats or golf clubs are carried by some, but how useful they are, I really don't know.

To the owners...smarten up and keep your animals chained up or in the house. You chance losing your animal, a lawsuit or worse, being charged with the loss of life of a fellow child or adult resident due to your negligence. Need it take that to jog you to make an intelligent choice to properly restrain your animal?

THINK!!!

Fireworks in Harbor Pointe

2009-01-23T11:00:00.000-08:00

Some people must think Fourth of July is still here, or that somehow they simply must set off fireworks to make noise. Their juvenile behavior places the community at risk from fire as well as placing themselves at risk for personal injury.

In addition, sale, possession or use of fireworks in Carlsbad is illegal! It's also illegal in all of San Diego County; all the cities and communities have adopted codes to preclude the sale or use of fireworks.

Per the City of Carlsbad Municipal Code, Fire Prevention Code:

17.04.290 Section 3301.1.2 added—Prohibiting the possession, sales and use of fireworks.

2007 California Fire Code is amended to add Section 3301.1.2 that reads as follows:

This section does not apply to public fireworks displays permitted by the Fire Code Official conducted by properly licensed persons meeting the requirements of Title 19 California Code of Regulations, Chapter 6 - Fireworks.

In addition to the potential for fire and ensuing property damage, fireworks scare small children and pets and may startle persons in their homes. Persons setting off fireworks illegally should be aware they are fully liable for any and all injuries or damage caused by their behavior. For example, a person making dinner and pouring a pot of boiling water, and spilling it on themselves or another, as a result of being startled by a firecracker going off in the street, can file charges and rightfully sue the perpetrator for their injuries and damages.

Let's stop this childish behavior before an accident or injury occurs. Some people might think this is great fun, but when you take the chance of damaging property, injuring yourselves or others, or generally being a public nuisance, you also stand to bear the consequences of that immature behavior too.

Absentee Landlords

2008-12-02T15:42:00.000-08:00

With the advent of a new year, it's time to spruce up the neighborhoods!

Many of the resident homeowners have been hard at work having their homes painted, keeping their private landscaping neat and improving the look of their property. Unfortunately, that's not the case with a number of owners who rent their properties, and who seem to take little pride in anything but collecting the rent every month.

A number of homes are badly in need of painting and upkeep. One home in particular has the stucco peeling off in patches, has been in need of painting for many years, has fences that have not been painted, and in general is a real eyesore in the community.

Unfortunately, it appears to many of the residents that the Board of Directors does little to correct the problems with these issues. Some of the absentee landlords purchased these homes to live in initially, then moved on, and kept the homes as income property. Others purchased them to use as income properties all along. Unfortunately, some do not recognize that part of the responsibility of owning a rental property is keeping up the outside as well as the inside. The new paint and carpet makes it all nice for the new tenants that move in and out every year or two, but how about your neighbors who have to look at your deteriorating dwelling year after year?

I'd suggest the Board of Directors take a harsher stance, make frequent inspections and enforce the CC&R's already in lace. Raise the fines to such a level that it would not be feasible for a landlord to ignore repairing or repainting their owned dwelling. Fining them several hundred dollars a month, and then going after them in collections would cover the cost of repainting in about 15 months or so, and force the landlord to clean the place up. The small fines in place, even if paid, are negligible and laughable at best to a person who is getting $2000.00 a month in rent and doesn't want to spend a dime extra to improve the face value of their property. How about fining them enough to hire contractors to paint the property if they don't do it?

We hear complaints about the property values plummeting all over. Ours do not have to. By keeping the community above average and maintained, we can have property values that reflect pride of ownership and quality of life. Or, we can continue with the same eyes-closed attitude we now see, and end up with a pretty poor community that will be not much more than an immobile trailer park in form, if not format!

Remember, lack of pride spreads like a cancer, and when houses all around you start to look unkempt and dilapidated, pretty soon, it doesn't mater how good yours looks, your home value will decline badly. The curb appeal will be gone, and people won't consider HP a desirable place to live. Houses will be selling below what should be the going prices, even in this economy, and after a few homes sell at bargain basement prices, other owners will see the writing on the wall and panic sell to get out, forcing prices down more. Two things will likely happen..speculators will buy more homes, increasing the already large rental vs. homeowner-occupied ratio in places like the Village, and the development will become a large rental community, with few actual owner-occupied homes.

The ironic thing in such a scenario is that rents will fall precipitously, causing landlords to cut rents to get people into their units in what will become a less-than-desirable area, and cut further on their maintenance, further exacerbating the appearance issues of their rental homes, and adding to the deterioration of the neighborhoods. A cycle started and fueled by lack of maintenance on one hand, and lack of enforcement on the other.

Time to wake up and take stock of where we are. A beautiful community that is slowly eroding every day into what nobody really wants. Some sources such as property management companies I am familiar with like to use the term "an aging community." I'd call it an uncared for community; uncared for by many of the property owners and a Board that just doesn't seem to notice the problems that stare them in the face each and every day.

Outdoor Christmas Lights

2008-12-01T15:31:00.000-08:00

The time of year is once upon us; time to emblazon the streets with festive lighting adorning homes in Christmas cheer. Unfortunately, numerous times during this joyous season, injuries and fires occur as a result of decorative lighting, so here's a few tips to help make your holiday decorating safe:

1. Every outdoor light or fixture must be connected to a Ground Fault Circuit Interrupter, often referred to as a GFCI. It's a protective device that is critical for all outside lighting and decorative devices. If you don't have GFCI's installed on your outside outlets, get them installed! In the interim, you can purchase temporary GFCI's as part of electrical cord sets such as contractors use and plug your light sets into the cord set. Not highly recommended over permanent GFCI's, but lots better than none at all. All potentially wet or damp location electrical outlets requires a GFCI. Period.

2. Use only U/L Listed electric lights, cords and timers. It's also wise to check the Consumer Product Safety Commission website on occasion for recalled products (http://www.cpsc.gov/) as some of the poorly assembled light sets from overseas are frequently recalled due to shock or fire hazards.

3. Use only lights that are listed for outdoor use if you are placing them outdoors. Those listed for indoor/outdoor use are suitable too. Same goes for extension cords and timers and other electrical equipment. Be sure it's listed for, and suited for, outside use. Protect timers and connections from direct rain and moisture as much as possible, Be sure to place electrical connections where children will not be prone to contact them.

4. Connect only the recommended number of strings of lights together so as not to exceed the safe current capacity of the wiring. You may be running the lights off a fifteen or twenty ampere circuit but the wiring to the strings may be only able to support a fraction of that amount of current.

5. Consider using L.E.D. (Light Emitting Diode) lights, and replacing worn out strings of lights with the new LED lights. They use much less electricity, which will save on your electric bill, are cool to the touch so they're safer, and many are rated for 10,000 hours of light which means years of use without trying to find that darned single burned out bulb in the string that caused the entire thing to go out! Prices have come way down besides, making them very affordable.

6. Use care when hanging lights. Wiring is fragile and can be damaged easily on some of the strings. If a string appears to be damaged, do not attempt to repair it. Discard it and replace it with a new set.

7. Consider using timers on your lights to avoid having to plug in and unplug your lights every night. Timers come in weatherproof versions at very reasonable prices, and many are available that will allow lights to come on at dusk, then remain on for a period of time you set, from 2 hours all the way up to 12 hours, or until daylight if you prefer. Saves energy, both electrical and yours!

8. Check all lights and wiring before using and again at the end of the season. If anything needs replacement, after Christmas sales may be the ideal time to do so, saving some cash and a potential injury or fire loss at the same time.

9. Take care when placing decorations and lights near walkways and areas people or animals may transit. If they brush against or become entangled in the wiring, falls, shocks and other injuries can occur. We all laugh as Chevy Chase and others stand in awe as the decorations fall off the roof, or the lights fall on the neighbor, but when it happens at your house, it isn't all that funny.

10. Be safe with ladders. Make sure the ladder is securely footed and has a good grip on the ground. The base of the ladder should be level and firm and far away enough from the vertical surface that the ladder will not tilt back when you climb it. Follow the 1:4 ratio, where the base of the ladder is one foot away from the vertical surface for every 4 feet of vertical rise. Thus if you have a 10 foot wall, the ladder should be a minimum of 2 1/2 feet away from the wall at the bottom. The top of the ladder should extend 3 feet above the roof or support surface at the top.

If you're using a stepladder, never stand on the top; it's not a step. Stay two steps down from the top. Be sure the ladder is secure before climbing.

Be sure ladders are in good condition before use. And, look around before using a ladder. If you're using an aluminum ladder...check for electric lines! I believe all of the Harbor Pointe power lines are underground, but look around anyway to be sure. Get in the habit of checking your surroundings, so if you move or help someone at their house in another community, you'll be aware. Aluminum ladders and electricity are NOT friends. Be safe, not sorry.

Enjoy the season safely and ...

LIGHT UP HARBOR POINTE!

The Dog Forgetters

2008-11-28T23:07:00.000-08:00

Seems like some neighbors think it's okay to take a vacation and leave the dog outside while they're gone, to bark and disturb the neigbors day and night. As a clue to the clueless, it isn't! Over the past several days, the neighborhood has been subjected to the nocturnal, not to mention the daily, barking of a certain black dog who appears to have been left at home while the owner(s) have been gone on a trip. Their absence is noticeable by the garbage cans still sitting in the street 5 days after the trash is picked up, and the dirty disposable diapers on the ground that somehow didn't make it into the trash or truck. Really nice!

If you're going away, take your dog. Or arrange for a kennel, or have someone take your dog. Don't leave them out in the rain and cold to bark all night and ruin everyone else's sleep because you have no brains! Even when it doesn't rain, if something sets them off, they'll bark incessantly at nothing. My suggestion and promise for the future, is once this happens the first time is to simply call the Carlsbad Police (760) 931-2197 and Animal Control (760) 438-231 to have the animal removed. First, it's a nuisance, and second it's animal neglect. Finally, it's downright unneighborly and in violation of the local ordinances. How utterly uncaring can someone be to do that to their neighbors?

Being a good neighbor goes both ways. It seems some people just don't have a clue how to act when they move into a nice community. This isn't a trailer park! Give your neighbors some respect if you want to reside here. That's all anyone wants; to live in peace and harmony. And leaving your barking dog all alone while you're traveling is not the way to accomplish it!

"Independent Recyclers" or Making a Mess of the Trash?

2008-11-24T18:28:00.000-08:00

I don't think most of us care much if anyone tales the cans and bottles out of our recycling bins, and adds them to their personal recycling cache, so they can make a few bucks at the recyclers. After all, we're falling on tough times, and it might be getting tougher on some than on others. Besides, in my opinion, recycling is a good way to teach kids how to save a few pennies, while saving the environment too.

However, some "individual recyclers" as we'll call them are making a mess. They throw anything that's on top, or near, their treasured loot, on the ground or in the street, and leave it there, and then walk, run or drive off, leaving the mess for someone else to clean up. If the homeowner, or a kind neighbor doesn't spot the mess before the recycling truck arrives, the mess will remain; it's not the job of the driver to pick up the mess and place it in his truck. He will usually only pick up what's in the bin. So the recycling thief has created a mess for someone else to clean up and obviously doesn't care about doing so. Yet if caught they will tell you they're only collecting bottles and cans.

The recycling company doesn't want the "individual recyclers" to be taking the recyclables as it eats into their profits. They make money on the stuff they pick up so they want every last piece they can get. They are a greedy bunch, for sure, and if you recycle bottles or cans you'll soon find out they won't count over 50 pieces and will only pay you by the pound, which in the case of plastic bottles means you'll be getting ripped off about 35% or so on your plastics. You pay 5 cents per bottle and get back about 3 cents, so the "deposit" is a bunch of bologna. Nobody gives you back your nickel unless you take only 50 bottles at a time and insist they be hand counted. I think everyone should do that to assure you're not getting ripped off at the recycling station! Even CA State Consumer Affairs says they don't have to count anything over 50, although the commercials showed the head of that unit recycling and her bottles being counted. Political hot air once again! Thus, the people who do not want you to remove their precious recyclables most of all is the waste recycling company, who, if they catch you, will turn you in to the local police.

Why? Because, it's against the law to remove recyclables from the curbside containers once they are there. If a person is caught or a complaint filed, they can be slapped with a misdemeanor charge and fined. I'm sure that's an unpalatable point in anyone's book, but the statistics below will give you an idea of how many complaints have been generated in San Diego and the numbers keep going up.

If you're going to "Dumpster Dive" for recyclables, do it neatly, put unwanted stuff back and don't make a mess. Then you'll likely go unnoticed as the unknown recycler, rather than having people be on the lookout for the one who makes a mess.

Complaints going up

Cities nationwide are reporting a rise in thefts from recycling bins, particularly in urban areas. San Diego logs the number of complaints filed about scavenging.
2004 – 222
2005 – 237
2006 – 231
2007 – 264
2008 – 391
NOTE: Totals are for each fiscal year ending June 30.
SOURCE: City of San Diego

Neighborly Unlove; the Whole Community Gets a Black Eye!

2008-11-06T10:09:00.000-08:00

Seems a couple neighbors had some problems recently over Proposition 8 and it landed one in the Vista Jail as a result of an alleged assault. I don't know the details other than what was broadcast on News 8, but it sure gave the community a black eye, if you'll pardon the pun.

Everyone is entitled to their opinion on any topic, but resorting to fisticuffs and assault on elderly people is way above and beyond sanity, especially when you consider the age of the people who were involved.

Whether you agree on the Proposition or not, assault on a neighbor is hardly the way to prove a point. My understanding through listening and watching several media outlets, is this is not the first problem in the neighborhood, and perhaps there have been some long-standing issues between neighbors.

With a community with homes as distinctive as ours, a few moments of video on television pretty clearly lets people see that in Carlsbad, it's Harbor Pointe. We do stand out, and in this case, sadly, in a not very positive way. Bottom line is one neighbor goes to jail, two are injured and the entire community suffers a bad rap. I hope the injured parties recover quickly with no lasting effects.

Halloween Safety

2008-10-20T12:43:00.000-07:00

This is the time of year that the little hobgoblins and witches, ghosts and monsters run amok through the neighborhood, begging for a treat to spare you from a "trick". After all, this is fall and almost All Hallowed's Eve, known more commonly as Halloween.

A wonderful time for fun for the younger ones, but also a time for extra vigilance and safety. Because darkness comes earlier at this time of year, it's harder to see the little ones in the streets, especially with darker costumes, and children running out between parked cars without looking is an invitation to disaster.

Also, children need adult supervision when trick-or-treating. As nice as a neighborhood may seem, not all people may be nice, and people from outside the neighborhood may be wandering about or cruising the area as well. An adult presence adds to the security of the children, reduces the potential for arguments and fighting among groups, and strengthens the bonds between parents and children on this special occasion. Plus, it allows parents to meet neighbors they might not have met and even grab a few goodies for themselves from some generous givers!

Some tips to make Halloween safe:

Be sure children's costumes are safe. They should be able to see clearly and walk with no trip hazards. Costumes should not be flammable or pose a hazard to your child.
Consider attaching a Cyalume Lightstick (chemical lightstick) to your child's costume or having them carry one. They are bright, safe and non-toxic and will glow all evening and act as a safety marker for them. An alternative is one of the inexpensive flashing LED lights that clip on, or maybe a few strips of reflective tape or similar.
Walk with your child if possible. If an adult is not present, children should trick-or-treat in groups, never alone.
Carry a flashlight or give your child a flashlight to carry. A flashlight will help them see obstacles as they walk.
Instruct children never to run into the street without looking both ways. We are a small community with relatively safe streets, but some people do drive too fast, and are not expecting children to be running across the streets at night. Stop and look before crossing.
Instruct children to respect property and use walkways and not run across grass and lawns and planter areas. Two reasons; one is that they could be injured by tripping over sprinkler heads and unseen objects, and secondly they can damage plantings and flowers. (A third reason might be the doggie bombs they will bring home attached to their shoes...ewwww)
Tell children to bring their treasures home and not to eat candy and other goodies before it is inspected. We all know the desire to do so is great, but better safe than sorry. Parents should inspect all candy, fruit and other items gathered on this special night. If anything looks the slightest suspicious, toss it. If you find anything definitely problematic, call the Carlsbad Police. We have not had any problems in the past, and don't expect any now or in the future, but again, an overabundance of caution is always warranted when our children are concerned.

Halloween is a fun time for children, and above all we want them to be safe while enjoying themselves. Have a great Halloween and please be careful out there.

Fireplace Safety

2008-10-05T12:33:00.000-07:00

The cooler days of autumn are approaching, and along with them come the thoughts of a warm, toasty fire in the fireplace. Nothing seems to take the immediate chill off the room, and lights the fires of a quiet or even a romantic evening like the flicker of the logs burning in the fireplace.

But, fireplaces are also a hazard, and every year numerous homes suffer severe loss due to chimney and fireplace flue fires. Most of these losses could have been prevented by following some safety and fire prevention rules before and during the fireplace use season.

First, when was your chimney or flue cleaned? Most people say "what?" Your metal flue pipe or chimney needs to be cleaned on a regular basis to remove the residues that build up inside. Creosote from burning wood and wood by-products builds up on the inner surfaces and can ignite causing a chimney fire that burns extremely hot. The temperature is greater than the metal flue is designed to withstand and wood bracing or supports may ignite, resulting in a structure fire. If you ever hear the sound of a chimney fire, you'll never forget it. It's like a tornado going up your chimney, and may come down as well, as the creosote and other by-products combust!

Frequency of cleaning depends on how often you use your fireplace. If you only use it occasionally, once every few years might be enough. But, frequency also depends on the type wood or logs you burn in the fireplace. Soft, fast burning, smokey woods that create lots of residue or creosote require more frequent cleaning than low residue hardwoods with low smoke. Composite logs such as Duraflame often emit fewer residue emissions and may result in less frequent cleanings, but that also depends on how often you burn the logs too.

My suggestion is to have your fireplace and chimney cleaned and let the chimney sweep tell you his advice on how often you need cleaning, based on how long it has been since the last cleaning and the build-up he finds. The cost of cleaning on a two-story home is less than $150 and well worth the price; lots less than the cleanup from a chimney fire, even if the fire department doesn't have to respond. Just think of the soot and ash in your living room!

A short list on fireplace safety:

Check the fireplace damper and be sure it works properly and freely. Be sure it's open when you light the fire and remains open until the fire is cold.
Never use wet or green logs. They will smoke up your fireplace, severely add to your creosote loading and likely smoke up your home too.
Never burn paper, plastic or trash in your fireplace. Burn only wood and composite logs designed for fireplace use.
Close the fire screen over the front of the fireplace to reduce the potential for embers to be ejected from the fireplace onto combustible surfaces. Be sure your firescreen is in good condition.
Check the condition of the spark arrestor screen over the chimney outlet! Failure to have a good spark arrestor could lead to flying embers setting your roof, vegetation or neighboring structures on fire!
Never leave a fire unattended. Close the glass doors over the front of the fireplace when the fire is not yet out and you are retiring for the night, or will be out of the room for a period of time.
If you don't have a big non-combustible hearth in front of your fireplace, such as tile, marble, granite or similar, consider a fire-resistant hearth rug from a fireplace specialty store to protect carpet or wood floors from potential sparks and embers.
Never use gasoline or lighter fluid as a starter! You wouldn't toss a Molotov cocktail into your home so why do something as foolish as this? Use kindling, fatwood or starter sticks sold for the purpose.
Check your fireplace for integrity several times a year. loose bricks or mortar need to be repaired immediately. If you have a metal insert fireplace, check to be sure it's not separated anywhere and no welds have broken loose.
If your fireplace has a fresh air intake, as many of the insert type do, be sure it's free of debris, insect nests, and open. Don't allow it to become obstructed.
If you have a gas fireplace, check all fittings to be sure they are tight. Keep the "key" away from children to avoid them turning it on.
Follow ignition instructions implicitly when igniting a gas log or fireplace. If the fireplace fails to light, shut off the gas. Don't keep the gas flowing and repeatedly attempt to light it, as excessive gas can cause an explosion and fire! Follow instructions carefully on re-lighting or attempting to light a gas fireplace that has not lit after the first try.
Do not install gas logs or gas igniters unless you know what you are doing. Leave it to the fireplace shop or a licensed plumber. A gas leak is dangerous, and can be a very costly and deadly lesson in fireplace safety! One that you might learn too late!

Enjoy the great fall and winter season here in Southern California and enjoy it safely.

Animal Control

2008-10-02T17:24:00.000-07:00

It's not nice to have to clean up dog poop from your lawn or walk, is it? Yet week after week, or in some cases, day after day, some idiots allow their dogs to crap on walks and lawns, either by failing to pick up the waste while walking their dogs, or by letting their dogs run loose. Pet waste is unsanitary, a health hazard, and results in pollution when allowed to run into storm sewers and then into the ocean. Plus, kids nor adults should not have to deal with animal feces on their property. If you can't clean up after your pet, you shouldn't have a pet. Simple enough!

All the cute "scoop the poop" cajoling in the newsletters just don't cut it and never have. There are a great many caring and conscientious pet owners in Harbor Pointe who carry and use pet waste bags, and they are to be highly commended! But others will never learn. Same with keeping dogs on the requisite leash. Some people just let their dogs run wild.

So, here are the animal control laws that homeowners can, and should use, to eliminate the problem. If you see and know who is creating the problem, try and be neighborly and get them to cooperate. If that doesn't work, that's why we pay taxes for Animal Control:

Sanitation:
Animal owners are required to keep their animal premises sanitary and free from any fly breeding reservoir, offensive odors, and human or animal disease (SDCC Section 62.668[d]). It is a public offense for any person to allow a dog in his or her custody to defecate or to urinate on any property other than that of the owner or person having control of the dog. Persons having control of a dog are required to restrain or control the animal so that it urinates or defecates only in the street gutters, and to immediately remove any feces to a proper receptacle (SDCC Section 62.670).

Restraint of Dogs:
Proper restraint of dogs will prevent them from harming or interfering with other animals, people, or property, and will also prevent them from becoming lost or from being injured by vehicles or other animals.

At Home: At home, dog owners must effectively control their dogs by voice or electronic pet containment system, or must physically and humanely restrain them by a leash, fence, or other enclosure (SDCC Section 62.669[b]; Penal Code Section 597t).

A point to make here is that nobody minds well trained dogs who remain on their property. I included this only as a reminder that as well trained as Fido may be, if a person or child walks by your driveway, or yard, on the sidewalk or street, which is public property, and Fido is unrestrained and jumps on them, and they are injured, even though Fido is only being playful, you're responsible for all damages. Imagine one of the elderly citizens being knocked down and breaking a hip, and you can also imagine the tremendous costs to you and your insurance company, if you're smart enough to have insurance coverage! If not, you'll bear the medical, and possibly the extended care, of this person for the rest of their life!

Away from Home: If you walk or otherwise bring a dog to public or other private property (where dogs are permitted), you must restrain the dog by a hand held leash (not longer than 6 feet in length) (SDCC Sections 62.669[a], 62.601[d], and 62.601[y]).

In a Motor Vehicle: If you transport an animal in a motor vehicle you must safely enclose or protect the animal by a harness or other device that will prevent the animal from falling, being thrown, or jumping from the vehicle (SDCC Section 62.700)

It is a public offense for any person to leave an animal in an unattended vehicle without adequate ventilation or in a manner as to subject the animal to extreme temperatures that adversely affect the animal's health or welfare (SDCC Section 62.701).

Traffic Control in Harbor Pointe

2008-10-02T16:56:00.000-07:00

Let's face it, the speed limit in our community is a joke. If anyone drives down Harbor Pointe Road at the speed limit, they get tailgated, or even worse, occasionally passed, on the two lane street! Nobody pays attention to it and it's never enforced. Most vehicles drive at least twice the posted 15 MPH speed limit (as clocked by a FCC licensed operator with calibrated radar) and some have been clocked at three times or more that speed. One was reported at over 60.

Stop signs? We have stop signs? You'd never know they were even in place as so many people blow by them it's like they didn't exist. We all know of the "California Stop" but that's not even evident as people don't even slow down in many cases. In my opinion, it's only due to the low traffic volume that we've not had a serious traffic accident here. Maybe that combined with the Grace of God, because it's certainly not due to diligence in enforcing traffic control within the community.

SLOW DOWN! It's not worth endangering the children and adults in our community to save a few seconds. This is a small community and racing between the gates can save only a few seconds at best. Plus, you're wasting your gas! Stop at the stop signs, slow at the "Yield" signs. If you have problems seeing the signs, complain to the Board of Directors, as many of the signs are truly difficult to see, but still need to be heeded. As adults, drivers should have a pretty good idea where they need to slow down and/or stop; having an accident shouldn't be the tell-tale that says you needed to be more vigilant at an intersection.

The "BOTS DOTS" on Harbor Points were placed in lieu of speed bumps and for some strange reason, the Board of Directors must like them, as they keep replacing them. They do not slow people down, and are more of an annoyance than anything. Pieces of them are found in the street, which seems to indicate that someone might be dismantling them by force during the night hours? People drive around them as they don't like the rattling and thumping when they drive over them and for some reason, would rather chance a head-on collision than drive over the bots-dots! The Fire Department doesn't like them as it rattles their equipment, so get rid of them.

More on the streets issue in another blog later on!

Park on the right side of the street, like you would in any other community. Just because this is a private community does not mean the traffic rules are "out the window." Think about this...in most jurisdictions, if you park the wrong way and are hit by another vehicle, unless the other driver is under the influence, you have contributed to the accident, and your insurance company may find you partially or wholly at fault! Your decision to save a few seconds and park facing the wrong way could cost you lots of money. It's what is known as contributory negligence in that you contributed to the loss by your own negligence by parking the wrong way. Same if you park too far from the curb, etc.

Underinsured or Overconfident? The Next Fire Will Tell!

2008-10-02T16:50:00.000-07:00

The following was submitted for the "official" newsletter but was shortened considerably before insertion. Following is the entire text of the article:

It's been about ten months since the last huge wildfires in Southern California, and the winds of change haven't blown all that much sense into many citizens in insurance savvy.As an investigator, I've seen lots of fires and lots of piles of ashes, as well as many homes that have been rebuilt, but the cost of rebuilding doesn't come cheap. For some reason, people just don't ask before the fires just how much insurance they have and get it in plain policy language. They depend upon a call to an unseen insurance agent who may never have seen their property or try to guess at the value from what they paid for the house, forgetting the land is not part of the actual dwelling value. Plus, their insurance agent or insurance company may never have actually seen the home, or could be using a third party inspection company to do a "drive-by inspection" and may be using a value estimator system that can be so way off base, that the true value of your home is not even close.

Plus, if you think you're smart and saving money by understating the value of your home and contents when buying a policy, you could be committing fraud when you sign the papers indicating all your statements are true. Then you could be left with nothing but a pile of ashes following a loss! At best, you'd be stuck with lots less than the cost to rebuild or replace your home.

Insurance policies are sold based on value, which, to simplify things, can be a stated value, an appraised value, a full replacement cost, or a set percentage replacement cost. The best policy is a full replacement cost policy with full code upgrades, meaning the insurance company will replace your home, regardless of the insured value, and also pay for any improvements required as a result of codes since the property was constructed. That type policy does cost more, but affords greater protection for many people. This is where you need to be asking your agent the right questions and taking inventory of all your possessions to be sure you're adequately covered!

Let's think about depreciation, appreciation and all the things that happen during the good, and also the bad economy that we're seeing right now. You bought that house for $500K and it's value, including improvements like the swimming pool and interior work helped it soar to $900K over six years. Then the market plunged over the past two years and now it's worth $600K, much less than you have invested in it, and many hundred thousand less than you owe based on the mortgage and home equity lines, etc. If you didn't keep the insurance-to-value up on your home as you made improvements, you would likely be woefully under-insured should a loss occur.

Since the house has depreciated, some people think that it will cost less to rebuild. Not so. The cost of building materials, fixtures and labor will be significantly higher than they were when your home was built, so even though the value placed on the home as a "real estate sales price" might have tumbled, the actual cost of rebuilding will be lots higher than it was for the original dwelling. Another factor lots of people fail to recognize is the "economy of scale" when a builder completes a development. If you own a tract home, the builder has the benefit of contracting for or purchasing materials at a good savings to build dozens, or even hundreds of homes at one time. That economy is lost when a builder must "spot build" one home. In addition, should the new home have to be rebuilt between existing dwellings that have survived a fire, there are extra costs as restrictions in movement, the cost of cranes or specialized equipment to move equipment and materials over or around adjacent structures to reach back yard areas, have to be included in the costs of rebuilding. The cost of clearing the land in preparation for the rebuild has to be calculated as well, and remember the value of the land your home is on is not part of the insured value of the home.

The bottom line is to sit down before the time of loss and pore over your insurance policies and see if you have enough coverage. If you have a replacement value policy, does it cover enough of the replacement value to actually make you whole again, or will it leave you partially rebuilt. Do you have specific coverage needs for high value jewelry, collectibles, firearms, antiques, or anything out of the ordinary that will not be covered by the normal policy? Your ordinary policy won’t likely cover those expensive professional digital SLR cameras or business items you have in your home either. If you don't know for sure, ask and get it in writing! Increasing your coverage is as easy as sitting down with your agent or broker, or a phone call to your insurance company, and discussing your needs and what is realistic coverage for your home, business and contents. Once the flames come calling at your door, it's too late to wish you had made the call earlier, because by then, it's too late.

Finally, your insurance policy is a contract between you and the insurance company. You decide what you need guided by your agent or broker and common sense. Get everything in writing. Handshakes are a thing of the past when it comes to contracts and they won't hold up in court. The 2003 and 2007 fires should have been a valuable lesson to everyone in this regard! Good hands and good neighbors and good friends or whatever anyone wants to say is all well and good in a commercial, but good payment is what you want when your loss occurs. Nothing else but expediency and proper payment.

Oh, one last thing about that estimator I spoke of. If it's done absolutely correctly, you could end up with a great figure and insurance to value. But if not, your home could be way under or over valued, based on a multitude of factors. I've used the programs and changing one or more parameters can sway the values immensely. So look closely and be sure the figures you see are accurate. If you question the figures, have them run again and look at what was input for YOUR home.

Have a fire safe season and clear that defensible space around your home NOW!

Welcome

2008-10-02T16:37:00.000-07:00

Welcome to the Harbor Pointe Safety News. This little blog is intended to inform and hopefully provide safety and health information to the homeowners and residents of our community.

Some of the blog entries will be on subjects you're already familiar with, some will be on new points of interest, or maybe even disinterest. Some may find fault with some blog entries, such as pointing out certain rules and regulations, since the old adage well points out that ignorance is bliss when it comes to obeying rules and regulations that people would just as soon not know existed, or at least pretend not to.

We're a pretty small community, and everyone needs to take a part in keeping the community safe, clean and healthy for all residents. It doesn't matter whether you're a homeowner or a renter, we all depend on each other to have a homogeneous community where everyone can live in safety and enjoy the great Southern California lifestyle. No person or group of people have the right to infringe upon the rest of the community in a way that impairs their ability to enjoy their property, as long as that enjoyment falls within the CC&R's as adopted by the Homeowners Association and within the laws and ordinances of the City of Carlsbad, County of San Diego and State of California.

That said and out of the way, lets make this a model safety community. We've had few accidents and fewer house fires and we'd sure like to keep it that way. Please feel free to comment on these blogs and if you have one to submit, in the safety area, by all means do so.

Thanks and be safe out there!