News

There have been many questions about the watering schedule of the North Channel. This is the area as you come through the Jefferson Gate that is on your right where the ponds are located, and you can walk with your dog on a leash if you so wish.

There are many requests about watering given the different concerns. Some Residents want the area dry by 5 am so that they can walk early morning. This means we need to water at night and hopefully in time for the area to dry out by 5 am. It takes about 4 hours to go through the entire watering program of the area. So, you can see if we start watering at 2 am, some areas will be wet at 5 am.

We could start the watering time at 10 pm, but some residents have complained that the sprinklers spray on their car when they drive by. The sprinklers are checked and are adjusted correctly, but if the wind comes up it will blow water across the street and onto your car if you drive by. These residents have requested starting the sprinklers at 1 or 2 am so it won’t spray on their cars.

You can see the problem. We used to start the sprinklers at 10 am and then again at 2 am because during the summer the area needed more water. This situation leads to complaints about watering of cars driving by and complaints about the area wet in the morning when people are walking.

We have decided to water at night only once and to start the watering time at 12 midnight. This way the sprinklers will be done by 4 am to give a little time for the area to dry out before residents begin their walk. It does mean if you drive by at midnight your car will get wet if the wind is blowing. We can’t resolve this issue given all the other constraints. We felt there are fewer cars at midnight compared to 10pm, so midnight got the start time. We can’t go later like 1 am or 2 am because the sprinklers would not be done in time so that the area can dry out a little bit for the early morning walkers.

Because we are not watering twice at night, staff will be watering again during the day at some point. This is done with a manual start by staff when there are no people walking in the area. This means you can see the sprinklers running during the day, at different times, in different locations depending on what area needs water. Staff is trying not to interfere with anyone walking while making sure the grass gets enough water on the hot spots that need it.

Hopefully this answers your questions as to the watering of the North Channel and why you now see watering during the day. It is being done to try and resolve all the other concerns that have been presented. It is not possible as you can see to resolve everyone’s request, but this might be the best solution to affect the fewest people and accommodate most concerns.

Thank you,

Kim Fuller
President

During early morning hours, beginning July 2, 2018 through July 4, 2018, several incidents of trespassing, malicious mischief, thefts from unlocked vehicles, one incident of assault with a BB gun, and three incidents of animal cruelty occurred largely in the southern portion of Phase-1 with Santa Elise as a corridor over a 48-hour period.

Each of these crimes were crimes of specific intent coupled with at least two trespassers indulging in crimes of opportunity over a two-day period. The Indio Police Department (IPD) is actively investigating several of these incidents; therefore, specific details cannot be discussed at this time. The Association is also conducting its own investigation.

It is important to note that the thefts from parked vehicles were true crimes of opportunity in that each of the vehicles was left unattended and unlocked on streets and driveways. Small personal property left inside the vehicles was easily found and taken.

The employees of the Association’s patrol company G4S located and confronted two male adult trespassers during early morning dark hours after observing them jump our perimeter walls on several occasions. While temporarily detained and awaiting the Indio Police Department’s arrival out on Avenue 40 near Madison, the two suspects jumped back into the property and disappeared in the darkness. One G4S patrol officer remained in his vehicle on Avenue 40 where the suspects jumped the wall should they return the same way, while other G4S patrol officers dispatched searched the neighborhood within the wall. At this time, he heard several shots from a BB gun and his vehicle’s back window shattered. He did not see the source of the shots and was uninjured. G4S patrol officers continued to look for the suspects until IPD arrived and took over the search.

Three dead ducks were found by members of the maintenance team and it appeared they had been shot with a BB gun as well.

The IPD is currently investigating these incidents. Reflecting on these incidents there are important lessons to be learned.

• If you park your vehicles outdoors, then ensure your vehicles are secured and locked. Do not keep small valuables such as personal electronics, purses, wallets, coins, and cash in plain sight or hidden within your vehicle.
• If you see something, say something! In other words, if you see someone near your home or walking within your neighborhoods who does not appear to belong here call the Indio Police Department immediately, and then the G4S patrol at the Front Gates at 760-345-4458. Also, if you see someone suspicious do not approach them as you do not know their mental state or whether they are armed.
• The G4S patrol officers are unarmed and have no more powers to arrest someone than you do, so please beware of your expectations of them. The primary purpose of GS4 is to patrol the Association for governing document violations; they cannot be everywhere all the time.

Below is a brief synopsis of the reported incidents on and around July 4^th, listed times on this synopsis are the time the incidents were reported to Security.

Thank you,
Kim Fuller
President

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07/01/18

08:37 Vehicle Burglary reported on Camino San Lucas, vehicle was left unlocked for 3 days in driveway, minor items stolen – 5 pairs sun glasses, iPod Nano, $20.00 cash.

10:16 Vehicle burglary reported on Camino San Lucas, interior ransacked, no sign of forced entry, most likely vehicle left unlocked. Minor items taken – gift cards and phone chargers. Homeowner (H/O) declined to make police report.

07/02/18

04:35 2 trespassers spotted on Camino Piscina in phase 3,

1st suspect described as possibly Asian male approximately 19 years, wearing black hooded sweatshirt, Black pants and black backpack.

2^nd suspect described as Hispanic male, approximately 19 years, wearing grey hooded sweatshirt, black pants and black backpack.

Patrol instructed gate to call Indio Police Dept. (IPD), then approached and spoke to the individuals who initially claimed they were staying on property but couldn’t remember where or who with. They were told that they were trespassing, and both agreed to leave. Patrol followed them along NSCB towards Madison, they then broke into a run and jumped over the wall to the left of Madison Gate out onto Madison and turned left towards Ave 40. Patrol followed suspects (who were still on foot) to 40^th were they turned left onto 40^th heading east. Shortly after they again jumped the perimeter wall on to Avenida Tres Lagunas. Second patrol unit began looking inside community for the suspects while first unit waited outside close to the location where they originally crossed the wall. At this point the first patrol heard several shots that sounded to him like a BB gun and a moment later the passenger side rear window shattered into the back of the truck. Patrols continued to look for the suspects until IPD arrived at 05:15 and took over the search. Last sighting of the suspects was by a Troon employee who saw them leave the property via the golf course maintenance yard on to 40^th heading west.

07/04/18

06:30 Patrol received information that there was a burned American flag on Santa Elise. Patrol drove along Santa Elise and found the burned flag on Santa Elise, H/O had no idea who had done this or when. They also found vandalized Cacti on Santa Elise. All H/O were called and informed or messages were left.

08:30 Guest of a house on Ave San Ignacio reported her vehicle had been broken into but went on to admit it was left unlocked, Guest reported a wallet taken from inside a purse left in vehicle containing her id cards, credit cards and approximately $1000.00 in cash. She was encouraged to call IPD to report the incident but as of 7/6 had not done so.

08:30 H/O on Santa Elise reported that daughter’s car was vandalized during the night, an obscene word was scratched into the rear bumper cover. Vehicle was not opened, nothing taken. H/O reported to IPD.

09:29 H/O on Camino Santa Elise reported her husband truck was broken into sometime after midnight and before 09.00 July 4^th. Could not answer whether vehicle was locked and did not mention anything missing from truck. IPD was at the scene when patrol arrived taking report.

11:30 Main Gate received call from H/O on Avenida Santa Marta reporting vehicle burglary. Patrol arrived on scene approximately 11:50. Owner reports interior was ransacked between 21:20 the night before and 11:00am July 4^th. Only $5.00 in change was reported missing, expensive earphones and designer sunglasses worth $300.00 were still in vehicle. Patrol recommended reporting to IPD.

16:55 Patrol responded to a home on Santa Elise to take a report of a vehicle broken into on July 4^th, H/O reported the vehicle was unlocked due to a faulty door lock, interior was ransacked but only some loose change was stolen. House keys and vehicle registration were still in the vehicle.

17:15 Patrol responded to a call on Calle Santa Sofia, 2 cactus plants had been damaged, patrol also found an ADT alarm sign and a torn open box in the front yard that did not belong to the H/O. An address on the box led them to Avenida Santa Belinda, owner was missing a delivery that should have been left on her doorstep. Box was missing approximately $40.00 worth of cosmetics.

Unspecified time Maintenance informed patrol that early on the morning of the 4^th there were 3 ducks found in the north channel that had been shot with a BB gun. Maintenance staff removed the bodies and disposed of them.

07/05/18

09:15 Guest on Camino Santa Juliana reported a vehicle burglary. Interior was searched, and trunk was opened but nothing was taken from the vehicle.

Note on July 4^th we had 6 incidents involving vandalism and 5 vehicle burglaries.

The incident on the 2^nd with the 2 trespassers who used the BB gun to smash the patrol truck window ties in with the incident on the morning of the 4th where 3 ducks were killed using a BB gun. This is the principal reason that Indio PD believe each of these incidents have been committed by the same 2 people.

The Association is aware that there have been a rash of vehicle burglaries and property vandalism this week, especially over the July 4th holiday.  The Association takes these matters very seriously and is currently investigating these incidences.  If you have any information regarding these incidences, you may call the Community Safety Director Mark Galvin at  760-345-4349 ext. 2202, or the Indio Police Department at 760-391-4051.  In the case of an emergency call 911. Please remember not to leave your keys in your vehicles or your vehicles unlocked.  Moreover, please do not leave your garage doors open unattended. Do not approach or attempt to stop anyone who is acting suspiciously. If you see any suspicious behavior or persons in the community, immediately call the Indio Police Department at 911 and then the Association’s patrol services at the Jefferson gate at 760-345-4458.

We have made adjustments to the patrols to provide extra coverage in the areas that have already been hit. We have also spoken to Ben Quitron at IPD and he has confirmed that their night time beat officers have been instructed to increase exterior patrols along Jefferson, Varner, Monroe Etc. and their personnel have been instructed to look for anyone in the area for the next 10 days.

We will be in touch with more information next week as we find out more after the investigation.

Thank you,
Kim Fuller
President

Good morning, and welcome to another day with a beautiful sunrise in paradise.

Because I have had questions about a recent lawsuit against the HOA, I want to address this issue today. First, I need to give you some background by explaining how the Covenants Committee (CC) functions.

The CC conducts administrative hearings where residents have an opportunity to respond to any citation that they received for rule violations. Examples of rule violations are: stop sign and speeding violations, home design violations, and inappropriate conduct. Residents who are cited for a violation may request a hearing before the CC rather than pay a fine. The CC then has jurisdiction to uphold the fine, dismiss the fine, or impose some other option.

The CC procedures for due process are not like the standards of Superior or Civil Court. What is required by law is that we follow the Civil Code, CC&Rs, By-laws, and our own Rules. Sections that apply are:

1. Civil Code §4935(a) “The board may adjourn to…executive session to consider litigation… member discipline…”.
2. By-Law Section 8.06 (c). “The Board…shall be entitled to adjourn at any time for purposes of reconvening in executive session to discuss… member discipline…”.
3. HOA Rule 1.3.2 “…The CC meets monthly in executive session…”.

This means that, in a CC hearing, there is no right to an open hearing, no right to confront the accuser, and no right to cross-examine witnesses. Rules of Evidence do not follow Civil and Criminal Court procedures, and the CC is only required to give a summary of the incident without names of accusers. The HOA Board takes the position that we want to maintain a friendly environment in our neighborhoods and so don’t want residents confronting each other over such complaints. As a result, there is disclosure of complainant names, we do not allow open hearings, and there is no cross-examination. Now that we understand the administrative hearing process, I can explain the lawsuit. A resident, according to a contractor doing work, was interfering with work being done. When the resident did not comply with requests to stop interfering, a citation was issued to the resident for a rule violation. The resident was fined $200 after attending a CC hearing.

The resident felt his due process rights were violated, and so he sued the HOA in Small Claims Court for $10,000 — $200 for return of the fine and $9,800 for punitive damages. The resident claimed he was denied an open hearing, denied ability to cross-examine witnesses, denied the opportunity to confront the accuser, and the HOA failed to follow rules applicable to civil and/or criminal trials.

The judge found in favor of the HOA. The judge stated there were no violations of the Civil Code on the part of the HOA. The HOA followed the law, so no damages were awarded to the resident. The benefit of this lawsuit is that the judge made clear that the process the HOA is following is correct and legal.

The effort here is to explain the rules of our hearings, so that residents understand the process and are not led to believe that their rights are being denied. We would like to avoid what some might consider frivolous lawsuits that simply cost the HOA money.

Even after such hearings, I look at another beautiful sunset and thank everyone for making each day a special day where we can all say: “It doesn’t get any better than this.”

Kim Fuller
President