Thursday, December 29, 2011

2011 IN REVIEW: A "Light of Day" Raspberry

This and the next ten or more posts are a look back at last year when Jerome Stocks, then Deputy Mayor, and his pals on the city council were called out by the press, by art lovers across the US, by a judge as well as the plaintiff in a major lawsuit, by the late Maggie Houlihan's friends, family and supporters and by citizen activists. These are just a sampling of the publications, public speakers for this last year. There is much, much more and a new year to come.

As 2011 ends, North County Times editorial dated December 19, 2011 gives a final raspberry to the Encinitas city council majority Stocks, Bond and Gaspar for "fighting a misguided battle against its own residents." Yes, it's a repeat of our previous coverage of this Cummins lawsuit raspberry.
". . . Kevin Cummins was forced to go to court to find out how the city makes decisions on financing and scheduling road repairs is ridiculous. It's frankly disappointing that now the taxpayers have to foot the bill for both sides of this ridiculous litigation, but it's also not fair that Cummins bear the cost of insisting that local government officials obey the law they're sworn to uphold."
More on this lawsuit at Leucadia Blog.

2011 IN REVIEW: Red Cape & Bull Award

Union Tribune Nov. 11, 2011
Columnist Logan Jenkins:
"A brick - the Red Cape and Bull award — to the Encinitas “pro-business” (for lack of a better label) majority — Mayor Jim Bond, Jerome Stocks and Kristin Gaspar — for appointing Mark Muir, the city’s fire chief, to fill the late Maggie Houlihan’s council seat."
"This decision wanted some tact, some humility, some spirit of compromise. None was displayed."
"No one should have been surprised that a weird whirlwind was reaped Wednesday night as more than a hundred Encinitans gathered outside City Hall to protest the Muir appointment. [ . . . ] But he also has a history as an unusually active political player on behalf of Stocks and Bond. The appearance of conflict looms."
As if to prove Jenkins' point regarding tact and spirit of compromise or some modicum of graciousness, Jerome Stocks stoops to bickering with the columnist in the comments section. Classy.

2011 IN REVIEW: Black Eye for Bond

At the end of September a special meeting was called to discuss the vacant seat, left by Maggie Houlihan's death September 17, 2011, due to cancer. Appallingly, this meeting was not televised. UT Columnist Logan Jenkins threw a brick at Mayor Bond.
"A brick — the Blackout Black Eye award — to Encinitas Mayor Jim Bond for calling a special meeting Monday night and then decreeing the proceeding so trivial that it should not be televised."

"Is the mayor so out of touch with political reality that he didn’t know that this opening act in the drama of filling the seat of the late Councilwoman Maggie Houlihan would be of public interest, particularly since it was widely known that Houlihan would be making a posthumous appearance?"

"[ . . . ] No matter which way it goes, the council will have to factor in Houlihan’s videotaped plea to appoint Lisa Shaffer, the dramatic appeal that Bond evidently thought too unimportant for the city’s citizens to witness in real time with the council."

"Bond may believe the blackout was good government. But in a divided city, it’s bad politics."

2011 IN REVIEW: "Find a Better Excuse" Raspberry

At the end of August 2011, Kristin pulled another one. As North County Times reports in the editorial raspberry, Councilwoman Gaspar wouldn't vote on Pacific View property appeal because it started before she was elected.

The raspberry from the press wasn't the only source to call out this pathetic attempt to dodge a vote for seven months. Jean Bernard Minster spoke at this meeting about Gaspar's dereliction of duty. He also chides the councilwoman and city attorney for the misuse of the term "recuse" instead of "abstain" repeated over and over in the councilwoman's excuse.

Wednesday, December 28, 2011

2011 IN REVIEW: A "Fore" Raspberry

"A sour raspberry to the city of Encinitas for relying on homeowners fees to cover financial obligations of the Encinitas Ranch Golf Course. As the economy headed south, fewer people could afford to play golf --- and so income from the golf course is down."
"Some 900 homeowners live in Encinitas Community Facilities District 1, and pay an annual assessment that covers the cost of roads, sewer lines, etc., put in when their homes were built."

"The golf course is supposed to contribute to that fund, to help lower homeowners' obligations. That the golf course is now unable to cover its own obligations, leaving homeowners to pick up the difference, illustrates why it's better to have risk ventures like golf courses owned by private-sector outfits."
Source North County Times, July 11, 2011. Sounds like Stocks' sockpuppet "Coastal Watchdog" in the comments thread chiding the NCT.

2011 IN REVEIW: Judge's Disclosure Order Appealed

From the Coast New, June 9, 2011:
"After a two-hour closed session June 3, City Council voted to appeal a judge’s ruling that requires the city to disclose a draft report of road conditions that it previously refused to release to the public."

"The 4-1 vote, with Councilwoman Teresa Barth dissenting, came after half-a-dozen speakers urged the council to comply with the judge’s ruling and make the draft document public. Tony Kranz, a former City Council candidate, asked the council to make its deliberations public."
"[ . . . ] Barth further reasoned that a bright line rule on what the city could disclose to the public and when, would only come from the creation of a so-called “sunshine ordinance.”
"Transparency is the foundation of an ethical government,” she said. “Local policies that go beyond the minimum requirements of the Brown Act and the Public Records Act help to strengthen public trust and confidence in their government. That is why I support a sunshine ordinance for the city of Encinitas."
Cummins blasted the council’s decision to appeal.
“This all could have been avoided at multiple stages if the council had been willing to openly discuss this issue and follow the letter and spirit of the law,” he said.

“The closed session documentation shows what a mess they (the city) made. They can’t get out of their web of deceptions,” he said. “The draft (report) was dated December 2009, the final March 2010, and in summer 2010 denied the public access to the document saying it was still draft, and changed their story when they got to court,” he said. “They were simply trying to avoid releasing the report.”

“The California Constitution clearly states ‘The people have the right of access to information concerning the conduct of the people’s business, and therefore…the writings of public officials and agencies shall be open to public scrutiny,’” Barth said.
In the comments there is this gem:
"I’d like to ask Encinitas residents, has it been worth it to have Glenn Sabine cost us $80,000 for the first lawsuit that he lost, or would everyone else have liked to have had them turn over the information to Kevin? To add insult to injury, they are going to take it to court a second time and lose again! Dan Dalager was in a minor league as compared to Sabine!"

2011 IN REVIEW: Surfing Madonna

April 2011 Fools?
The story that put Encinitas on the national media map was the city council majority (Stocks', Bond's and Gaspar's) utter cluelessness with the population's goodwill and city planner Patrick Murphy's "artless" response to the anonymous art gifted the city. This mosaic piece became known as the Surfing Madonna. On April 29, 2011, San Diego Union Tribune's Logan Jenkins gave the city a brick - see here. As expected, the city council majority has not been in any way flexible, sensitive or apologetic to the artist or anyone in the art community.

One of the worst things about the bad publicity that Stocks, Bond and Gaspar engendered nationally is that all of the council members get painted as lobotomized (to use Jenkins' characterization). It made it difficult for Teresa Barth and Maggie Houlihan, who are supportive of the public's desire for artist projects of all kinds in the community. The artist Mark Patterson came forward, extended the olive branch, acted in ways to accommodate dialog, but Stocks especially has made repeated attempts throughout this year to justify this council majority and his own missteps.

2011 IN REVIEW: Stocks Muscles Resolution

On April 20. 2011 Jerome Stocks agendized his opposition to Senator Kehoe's bill. Within a week and despite outdated, non-relevant information, no staff analysis and even after almost 20 public speakers who waited up to 5 hours, some with expert testimony delivered around midnight, the resolution he wrote passed. This whole five hour meeting is the Encinitas machine in motion.

The UT reports on the Encinitas council 3-2 vote on Senator Kehoe's SB 468 bill here. The real story is buried in more than five meeting hours of hypocritical proclamations for biking, denial of facts, self-indulgent ass-covering, cheerleading, outright lies, out of town construction workers and half a century outdated traffic information. It is a hot mess of public malfeasance on Jerome Stocks' part with operatives Gaspar and Bond as backup.

For the full meeting, click city website archives here. Clips of these nearly 20 activists to follow on this blog somewhere this year. These voices need to be shared.

2011 IN REVIEW: Stocks Blocks Pensions on Agenda

Well, it turns out that the blocking action becomes a deflection never to be revisited. (You say potatoes, I say patatoes.) It's March 9, 2011 and this council meeting contains a Jerome Stocks maneuver that demonstrates the majority tendency to follow his lead even when he is not presiding as mayor. Stocks has pushed the crony club in his direction and against his perceived adversaries for a long time.

The following clip from this meeting demonstrates how Teresa Barth's suggestions for agenda items (like substitute motions, staff direction or council procedures or what have you) are consistently dismissed, ignored or refuted. This is vital to note if one accepts the lie that Barth does not compromise, does not cooperate. The myth is clear when one watches the majority in action. Barth is "silenced" by friend and foes in this official little dance of polite legalize. This council majority never compromises with Barth. The two rules for Barth and for citizens dissenting.
  1. There is a club.
  2. You are not in it.

2011 IN REVIEW: Dan Dalager Pleads Guilty

February 9, 2011
San Diego Union Tribune covered former Mayor Dan Dalager's guilty plea.
San Diego County District Attorney Bonnie M. Dumanis announced today that former Encinitas Mayor Daniel Dalager, 60, pleaded guilty to a violation of the Government Code 87100 relating to Conflict of Interest. He was immediately fined and sentenced. As a result of the plea, Dalager cannot hold public office for a period of four years.


Throughout the 2010 Stocks and Bond campaigned for Dalager, defended Dalager, routinely dismissed allegations and discredited anyone who demanded facts about Dalager.

2011 IN REVIEW: "Working the System" Award

Another North County Times editorial Roses and Raspberries for Jan. 31, 2011. This time for retiring City Manager Phil Cotton squeezing an additional $8,000 (to his city contracted pay of $198,723) out of City. The following is an excerpt.
"We’d be shocked if it wasn’t so predictable."

"Since “retiring,” Cotton has been hired back at $15,000 a month to serve as the interim city manager, and he’s still working all the angles. Apparently overtaxed by the demands of running the small beach town, Cotton took off several weeks in November and December, even though he was being paid for these weeks under his month-to-month contract."
Jerome Stocks and city attorney, Glenn Sabine: Cotton Club



As with so many things, legal theft.

2011 IN REVIEW: More booing Gaspar

Logan Jenkins of San Diego Union Tribune
January 9, 2011.

"A soft brick — the Bonehead First Play award — to freshman Encinitas Councilwoman Kristen Gaspar for failing in dramatic fashion to live up to her campaign pledge to bridge, not widen, the bitterly personal schism on the Encinitas council."
"By nominating her political supporters (and likely mentors) — Councilmen Jim Bond and Jerome Stocks — for mayor and vice mayor respectively, Gaspar, 30, demonstrated one of two things about her political character:

She’s either naive or she’s secretly spoiling for a fight while pretending to be Ms. Sweetness and Light."
Another alternative is that she is the hand selected spokesmodel, a "seemingly" non-threatening, young, white, female, family-friendly delivery system for the majority talking points. This is only effective with the wrong-headed, thick-headed or heads up the ass sheeple.

2011 IN REVIEW: "Reindeer Games" Award

The North County Times printed an editorial December 20, 2010, a roses and raspberries piece that blasts Stocks, Bond and the then newest to the club, Gaspar.

It's only a short paragraph or two but well worth following the link here.

Great line:
"Newly elected councilwoman Kristin Gaspar ---- who opined during the campaign that the council "has too often been distracted by petty personal feuds and hyper-partisanship" ---- deserves special censure for making her first official act a motion that only reinforces those feuds."
These Reindeer Games are captured in the video clip below. Gaspar's bit begins at about 1:10 into the clip. (Trigger warning for gag reflex.)

Tuesday, December 27, 2011

Confronting Leadership . . . Overpayment

"Jerome has been a leader in overpaying in real estate, especially when his friends are involved. It is not surprising that he has not fixed the problems that allow for million dollar mistakes to be repeated. We've called for a real estate transaction policy to be implemented, repeatedly."

Choice excerpt from today's Leucadia Blog article citing Jerome Stocks' leadership of SANDAG's recent purchase of the privately owned South Bay Road for $345 million. Read the whole piece and watch the embedded video clip at Leucadia Blog.

Thursday, December 22, 2011

Letter to the Editor


Discord in Encinitas

By Rachelle Collier


In response to “Encinitas mayor choice raises ire again” (San Diego Union Tribune North Coast, Dec. 17), about Councilwoman Teresa Barth once again not being appointed to be mayor or deputy mayor for Encinitas at the special council meeting Dec. 13: [click to link to video & blog background]
There were quite a few of us there, who silently protested the much-anticipated oversight of appointing a hardworking council member who truly represents the people of Encinitas. We made no comments because the City Council majority does not listen unless your ideas and comments mirror theirs.

The question is who are we? The council majority spins it that we are agitators. The truth is we are the people of Encinitas, coming from each community with a reason. We do not attend council meetings because we have no life, or nothing better to do. We are there because we have business at the city, neighborhood issues, questions and concerns. Some of us are on town councils, boards, HOAs and Main Street associations, but all of us go to City Council meetings because we have an interest in improving this community.

Unlike some of the Encinitas council majority, we are courteous and concerned with making this city a better place to live. We are not beholden to special interests, some of whom were there at the council meeting and, of course, did not stand up. Why should they? They are being represented quite nicely by the new Encinitas City Council majority. So to those who still wonder who we are, we are the citizens of Encinitas.

Monday, December 19, 2011

Raspberry to City of Encinitas

A raspberry to the city of Encinitas for fighting a misguided battle against its own residents.

Our Mayor, City Attorney and our City Government all deserve sand in their stockings this year.

Just in time for the holidays. Read more, read the whole story at today's North County Times.

That's the naughty side, the nice is Kevin Cummins. This Encinitas citizen's pursuit of city pavement report documents is a gift to the community. Clarification: his relentless pursuit is a gift, the report? Not so much.

Sunday, December 18, 2011

Quote of the Day

Putting "a political likeness" on the banners "is simply not consistent" with city policy or the organization's temporary sign permit, Stocks said, adding that it would be the same if the pictures were of former President George Bush or former Gov. Arnold Schwarzenegger.
source: North County Times today
Mayor Stocks' odd analolgy drew this response.

chris thomas said on: December 18, 2011, 5:21 am

No, this is NOT anything like putting up a banner with Bush or Arnold. They are not dead and did not serve over a decade on our council, was two time mayor, received the most votes when she ran for council and died in office. This is only citizens honoring the dedication of a fallen comrade.

If the situation were reversed, how would Stocks feel if he knew that some politician would fight to stop the community from honoring him.

Horrible, dishonorable form, Mr. Mayor.

Thursday, December 15, 2011

Love

In a matter of days the year will end. The new year is a campaign year. We have past elections in Encinitas to warn us of the ugliness to come. For the council watchers, activists, community advocates this isn’t a big surprise. Week after week we witness humiliations, spin and a low ethical bar in the current city council. All is cloaked in the practiced decorum of Roberts Rule of Order. We watch, we see. The Encinitas machine will use tactics seemingly immune to shame and adept at projection and deflecting.

What we’ll continue to try to do is insist that citizens do matter. We want to feel the love. Respect, dialog and an effort to listen, to learn and solve problems to utilize our input or expertise; this all matters. We are in a depression for some though many register it holding as a recession; but wealth accumulation, private ownership, economics, price tags simply can’t be the only criteria with relevance in city government or citizen participation. Crisis demands financial accountability and more. Diversity and dissent are often messy and complicated so reminders of compassion need repetition and reinforcement. Consider embracing, championing the few who are willing to stand up to the crony machine.

Let’s use the winter to take a moment and do the preparation of coming together as people with ethics. It takes a pillage . . . so many more people are seeing the council doubling down on total control by again working to humiliate Teresa Barth by silencing her and ignoring her as a desired Mayor, naming an insider (Mark Muir) to Maggie Houlihan’s council seat following her death.

We want you to see for yourselves. Do not take anyone’s word for it. Watch the clips, watch full length meetings, go to the meetings. Be a new face at the speaker’s podium or in the audience. This an appeal to the underlying values that govern society and how we relate to one another.

A mentality that trashes people trashes the planet. Those who belittle human resources devalue environmental resources. The opposite of mean spirited is the effort to open hearts to the people of this community. Love Jerome Stocks, Jim Bond, Kristin Gaspar and Mark Muir as personal friends if you know them. But, demand that they serve the public good, follow the mission of the city’s General Plan. It’s also their duty to be accountable to us – all of us – as our public servants.

Wednesday, December 14, 2011

Stocks Erupts: That is a Lie!

Food Fight Mischaracterization

Yelling at New Encinitas Citizen: Walmart & Strip Clubs

Request for Agenda Item Sarcasm

Elizabeth Taylor Sneered At As Environmental Chair

Tantrum Humiliating Staff During Presentation

Citizens Turn Their Backs on New Mayor & Deputy Mayor

HISTORY UPDATE: see below clips



Outgoing Mayor Bond is rewriting history here (as he is wont to do). This video is his previous description of the tradition pattern of rotation known for over twenty years as the method used to select a new mayor.



First Time Teresa Barth is in line as mayor, December 8, 2009:

San Diego Union Tribune article December 11, 2009 regarding Jerome Stocks:
"Stocks didn't explain his reasoning at the meeting. But in a phone interview yesterday, he said he was sending Barth a message that she had angered the council majority with personal attacks and a lack of leadership since 2006."


Teresa Barth had boycotted closed sessions by the council and the 24-hour notice used to label all closed sessions as special in what one critic describes as and obvious construct to circumvent the law. The city subsequently changed noticing without acknowledging these tactics.

Barth also responded in 2009 to Orpheus Park neighbors by asking the City and her Council colleagues to halt trees being cut down until someone could explain to these citizens why it was necessary. Mayor Dan Gallager reacted to the public and press attention with email blasts against Barth saying,

"I will NEVER vote to appoint into that position anyone who does not have the competency to work through the system to obtain their goals, and instead spends their time fueling Chinese fire drills and planting discord, solely to keep the spotlight on themselves."