Stocks Detox Continued

SANDAG Ex-Chairman Stocks & Executive Director Gallegos

Jerome Stocks is being removed from everything he controlled in Encinitas and the region.  Stocks falling from grace has come at a pretty steep price tag of misguided notions of legacy in his mayoral capacity and now in his chairmanship of the San Diego Association of Governments primary project.

The most recent failure relates to his trumpeted claims to fame with SANDAG's 250 Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS), the first of California's Regional Plans to address transportation over the next 40 years. This plan was supposed to comply with the state law requiring its transportation plan to reduce greenhouse gas emissions over the next 25 years.

On January 21, 2012 the governor's office and state Attorney General Kamala Harris said "the SANDAG plan didn't go far enough to get San Diego drivers off the road and into buses, trolleys or bike lanes." This reported in Voice of San Diego by Rob Davis.

Next, Senator Kehoe addressed the Attorney General's and the public's criticism in her bill which would have, among other things, put transportation budget monies into the mass transit first.  All of the Interstate 5 widening posts written for Our Mayor can be found here.  The final one from April 27, 2012 meeting speaks to the Kehoe bill opposition Stocks single-handedly muscled through the Encinitas city council via his compliant cronies.

Within a week and despite outdated, non-relevant information, no staff analysis and even after almost 20 public speakers who waited up to 5 hours, some with expert testimony delivered around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.

Fast forward to this week's news that San Diego County Superior Court judge upheld a lawsuit challenging the SANDAG

Tuesday's ruling, which mirrored a tentative ruling issued before Thanksgiving, said Sandag’s plan failed to clearly define its effects on greenhouse gasses, how to mitigate them and didn't adequately explain decisions within the plan.

Specifically, Sandag’s environmental review didn’t conform to an executive order issued by Gov. Arnold Schwarzenegger in 2005.

From KPBS

This is a vindication of the well informed Encinitas citizens who attended meetings and challenged Jerome Stocks and the SANDAG and CalTrans plans to ignore quality of life, community character, public health and climate change in order to maintain the status quo that serves Big Oil above all else.

50:10 alternative plan pdf 

Guess Who Loves Encinitas?

The recent news of the Gaspars being the ones behind the We Love Encinitas fliers, using the taxpayer funded Citizen Satisfaction Survey as a campaign device to promote Jerome Stocks and Mark Muir (dismal failure) prompts another question.

Why was Teresa Barth left off the 2nd mailer? She obviously loves Encinitas too. The following clip is from the Sept. 12, 2012 meeting when the True North consultant responsible for the Citizen Survey was questioned about the results.  It is worth watching the entire meeting with the advantage of knowing that the intended use in the campaign was a foregone conclusion for the council majority, the consultant if not the city manager.

It was clear several days before the election that the clumsy attempt to sway voters with Gaspars' We Love Encinitas mailers was doomed to failure.  The fliers and the sneering comments against Candidates Shaffer and Kranz and their supporters being the 2% who didn't love Encinitas insulted people's intelligence and sense of basic ethical standards.  

Despite the above clip, we heard that Paul Gaspar claims Teresa Barth indicated she didn't love Encinitas.  This isn't a direct quote as this blogger had to hear it on the grapevine.  But, it was so patently a lie and downright slanderous something needed to be said.  These twisted kinds of defense will only continue to poison the council's environment.  And that is indefensible. The new majority won't stand for it. 

And just one more clip to remind us what the current majority had to say about the survey when it was proposed March 28 of this year.

Note how Barth attempts to follow through on Bond's critique of a survey in an election year and she is cut off by our Mayor Stocks.  Deputy Mayor Gaspar uses the city manager as fall guy technique to force the vote.  She has used this bullying before with Gus Vina here and here. (Hopefully, this blogger won't be the only one crying foul if she continues with this in the upcoming year.)

A word about the whole point of the Citizen Satisfaction Survey.  So, presumably it was for the new City Manager, Gus Vina, to get information.  He defends it after the fact in his November newsletter, dated the same day Marcos Gonzalez of Coastal Law Group released the search results for the We Love Encinitas records.

The irony du jour is that there is a 6 pm public meeting tonight, Nov. 27, at City Hall on the Hall Property Park with only the most vague description on the city website. News of this via Patch appeared early today or late last night only because Councilwoman Barth saw it on the city website and alerted the press.

Doesn't that perfectly illustrate Barth does love Encinitas and goes above and beyond without grandstanding?  If the city manager will check out the citizen responses to city communication in the now infamous Citizen Satisfaction Survey, it would be clear to him that posting on the website alone isn't very effective.  City Manager Vina, please try harder to be a real ally serving Encinitas citizenry.  Continuous improvement . . . amirite?

Who was behind the We Love Encinitas Deceptive Mailer?

Last October 7th people were passing out this flyer at the annual Olivenhain Oktoberfest.   People were outraged that the taxpayer funded Citizen Satisfaction Survey had been manipulated to serve as propaganda for Stocks campaign.

On Oct. 12 Encinitas Undercover posted the background on the mailer after the widespread delivery of this piece to people's homes.  

"Think about that: Jerome Stocks' backers are getting tax deductions for sending out what are, for all practical purposes, campaign mailers.  I suspect the IRS will frown on this charade and those involved will face legal consequences.  But even if not, what was Stocks thinking?  On the heels of sign-gate, to serve up another prime example of cutting corners and bending or breaking rules for political gain?  How much more blatant could he be in validating the complaints of his harshest critics?"

Yesterday we learned that the person responsible for the mailers via the Secretary of State database thanks to Coastal Law Group responding to inquires for information.

Deputy Mayor Kristin Gaspar's Husband, Paul Gaspar!

Entity Name: WE LOVE ENCINITAS COMMUNITY ADVOCATES
Entity Number: C3515796
Date Filed: 10/22/2012
Status: ACTIVE
Jurisdiction: CALIFORNIA
Entity Address: 140 ENCINITAS BLVD STE 105
Entity City, State, Zip: ENCINITAS CA 92024
Agent for Service of Process: PAUL GASPAR
Agent Address: 140 ENCINITAS BLVD STE 105
Agent City, State, Zip: ENCINITAS CA 92024

So, it isn't listed here whether this a non-profit or 501(c)(3).  What is significant beyond the staggering arrogance of Paul Gaspar, Deputy Mayor Kristin Gaspar's husband, is the date of activation on Oct. 22 being two weeks after the date when the misleading campaign piece was widely distributed.

Is it stupidity, naiveté or as stated, staggering arrogance, to disregard laws so blatantly? It isn't like this family hasn't already been challenged and failed on this front.  Before it was the deceptive slate mailers.  Early in October Councilwoman Barth wrote a commentary reminding citizens to be ready for the October Surprise of hit pieces via the mail. This was cross posted at EYNY.

"Slate mailer companies are also used by various individuals to send out last minute "hit pieces" on candidates. By using a slate mailer the actual contributors can remain unknown until after the election when the contribution reports are filed with the FPPC. These companies also provide a means for contributors to, legally and illegally, circumvent local campaign contribution limits.

In the 2010 election, the Voter Education Group sent out a mailer endorsing candidates Kristin Gaspar and Dan Dalager and blasting me. The group was later fined more than $110,000 by the FPPC for various state-wide financial reporting violations.

It's not illegal to pay for a slate mailer endorsement but is it ethical?"

This is the pressing issue for Encinitas citizens and for the new City Council, what does Deputy Mayor Kristin Gaspar have to say about her husband's exploitive use of the taxpayer funded survey and corporation creation?  We don't know all of the legal issues or ramifications, but we can uncover right now what the ethical issues are.

Petty to the Bitter End

   Update below - omitted clip added

Last Wednesday, Nov. 14, was the first council meeting since the election when our Mayor Stocks was voted out of office by Encinitas voters.

Was there a statement from the dais from Our Mayor Stocks? No congratulations for the new candidates or their campaigns or concession words were offered.  Nothing at the beginning of the meeting where he has often spoken off the cuff or at the end in a personal word while reporting on boards.  No, not even a statement following the several oral communications speakers whose comments contained election tactics, electorate reactions, compliments to the candidates, praise for Barth and chastising Stocks.  Of course it is ridiculous after 12 years to expect grace or the high moral ground from Jerome. Zero . . . beyond, Thank you for your comments.

Sadly, the criteria for success for Stocks has become whether or not he was rude, patronizing or dismissive.  By that standard this next to the last meeting was a success.

The rest of the meeting was devoted to financial housekeeping issues of no great importance for debate and discussion.  Someone from the public did pull item #5 from the consent calendar (meaning general administrative issue). This item was a request by Crown Castle to mount a telecomunications device on the utility pole on Blue Heron Ave. The agenda packet describes this, but it was presented as simply a contract issue of an additional device. This meant no discussion of technical or functioning was supposed to be allowed.  Although this makes sense in an efficient approach to addressing regular housekeeping chores; this kind of narrow agenda definition has been favored by the council majority for years to keep volatile public protest off limits.

The three clips that follow speak to the petitioning neighbors rejection of this staff recommendation for an added device.  Their concerns are clearly laid out and at the most basic level ask they their concerns be taken seriously.  As the Jennifer Brimley the last public speaker below so aptly states, "This is your community too and you represent us, not Crown Castle."

Jim Madaffer representing Crown Castle presents what is essentially an argument that says, this is inevitable so get used to it. Plus this rather specious claim that radiation is not the issue, the health and safety issue is having enough of these - for emergencies.

Finally in this lineup is the Jennifer Brimley clip that challenges the Crown Castle's dismissal of transmission concerns among other points. She cites "Full Signal" the documentary that exposes the underlying financial criteria for the proliferation of these devices under the guise of legitimate need. The documentary movie website states:

"Full Signal examines the contradiction between health and finance, one of the many ironies of the fight to regulate antenna placement."

Councilwoman Barth voted against this with the straightforward fact, "The need hasn't been demonstrated to me." She discussed the previous council discussions in Sept. concerning Castle Group and the reasoning for coverage. Her request for clarification from the expert brought the Catch 22 answer that you'll have to listen to yourself to decipher.

Update 11/18/12: The following clip was accidentally left off and has been embedded again.




The pettiness that the title of this post asserts is this. If the council majority would simply reject the recommendation, no dire consequences would follow beyond annoyance for the vendor and maybe the staff. There would be time for the new council to look at the petitioners' request regarding DAS in terms of views, property values and health concerns. A chance for staff and the Environmental Commission to review research and the documentary film Brimley cites.

Stocks and Bond had no compelling reason to disregard the public's request. They are finished. It was petty. And it typifies the 20 year history of voting against public will and public concerns on behalf of for-profit private sector interests.

Blog Note: The final days for Our Mayor Stocks and this blog using Jerome Stocks name and title will probably reflect his silent skulking. But, one never knows if the big shouty part of his demeanor will show itself in the next several weeks. There is no reason to believe Jerome will leave politics, so it's impossible to predict what's next.

Our Publisher Brings Balance Against Tiny Minority

Thank you so much Jim Kydd for what you do for this community as one of the few independent newspaper publishers left in the whole country.  This year was a game changer for us all in feeling serious forward movement, a waking community and united sentiment in all 5 communities that is is time to Dump Stocks. Coast News was at the center of our local storm.  It takes a storm to unseat embedded, professional political players.

The fact that you chose to exercise your right to dissent as a public citizen via your election website and taking out ads, is legal.  It is democratic.  We more than trust your ability to get all of the rules and paperwork reporting done, made public or whatever is necessary (rather than just a response to odious threats).

It is regrettable that the bad guys used your right to dissent to smear the candidates that you and thousands of us all support.  Then again, we knew the cronies have done many such things in the past and the incumbents have always denied everything at all times.  No surprises. Discussing Doug Manchester sucking up all newspapers is just a local version of the graphic at the top. Nothing to see here folks.

We all have suggestions for better ways you could have done things, Jim Kydd.  We have dozens of people anxious to critique each other at the drop of the hat. Right now we want you to have all your proper paperwork filed.  We all have to say that putting stickers on things without permission isn't right.  Done.

No doubt you and the people behind the Dump Stocks efforts never intended to hurt Lisa Shaffer or Tony Kranz whose campaigns have stayed far away from this effort.  But, diversity is the heart of civic engagement and in no way means choices are always binary.  Not all choices are yes / no, black / white, off / on, us / them . . . you get it.

The good news is the community has hit the tipping point.   And, Jim, it is worth the 10 coins each month to buy a subscription to the Coast News.

Put a Fork in Him - He's Done

After a water report in the opening minutes of last night's meeting, the regular old man yarns of the past (bleeding away time and patience); Jim Bond decided he'd go home rather than listen to the last 10 speakers who had to wait until the end of the meeting for a turn at the podium.  Nobody cares what I have to say or something like that were his last words. Diva Bond has only 2 more meetings on city council. 

October Surprise

Ignore the alpha dogs - bullies (funded) barking. Cat-titude

Teresa Barth's Newsletter featured the following this week (with image selected for guest post by editor):

No doubt about it - Elections have changed.

In the good old days Encinitas council races were much more homespun. Candidates handed out photocopied flyers at the grocery stores, met residents at neighborhood gatherings and community events. Real grassroots candidates still do.

But technology and money are changing that genuine person to person contact.

Already there have been two phone polls to gauge public opinion and robo-calls to communicate with the voters without having to actually talk to them.

Robo-calls are pre-recorded messages that can be sent to a wide selection of phone numbers. In the last weeks of the 2010 campaign, Councilman Jim Bond recorded a call in support of then Mayor Dan Dalager who was under investigation for conflict of interest. Dalager was defeated and later convicted of the charges. More recently, a number of people have reported receiving robo-calls from Mo Muir and Jim Bond urging support of Mark Muir who is running for the city council seat he was appointed to after the death of Maggie Houlihan.

Phone surveys can vary in costs. The city recently paid True North to conduct a community satisfaction survey at the cost of nearly $20,000. It is now being used in a questionable fashion by an unknown group promoting the "city council." Having been on Council for six years I could take credit for the "favorable" ratings but I know that much credit also goes to city staff, our great weather and location. However, I presume it was meant to support the two current council members running in this election.

Earlier in the campaign season there was a poll asking for an opinion of the city council, city government and other general questions. This week there has been another poll. A sure sign that some group is VERY interested in the outcome of the city council race.

The poll included the usual questions. Are you satisfied with the city council and who are you voting for? However, an unrelated questions was also asked. What do you think of the Occupy Movement?

I am sure many people were curious about the Occupy Movement just as they were curious about the Tea Party movement. Does that make them a radical? No. I think that makes them open minded and willing to listen to different points of view.

Unfortunately, we will never know who was behind the polls or who paid for them. You can be sure it wasn't the grassroots candidates.

We often hear about the October Surprise in politics. It's the last minute hit pieces meant to change voter's minds. Generally based on lies and innuendos they are desperate last minute tactics by special interest groups.

Be prepared for the October Surprise.

Take it for what it is... a desperate act by an unethical group or individual.

It is not the tactic of candidates with a positive vision for the future of Encinitas.

Bully Broadcasting - Robocalls

"Political campaigns that robocall iPhones and Androids may be in for a shock: They could be fined $16,000 per call.

Unlike making prerecorded automatic calls to landline phones, campaigns need a mobile phone user’s permission before routing a text or robocall to a wireless device, according to the Federal Communications Commission.

The FCC has issued an enforcement advisory “to promote more widespread understanding of the restrictions” imposed by certain federal laws — and possible fines that could be imposed."

As the 2012 election season enters its final stretch, phones are ringing off the hook across America with political robocalls."  Source

Public Service Announcement as this campaign method is favored by the council majority with its big party database. We remember Jim Bond and Jerome Stocks 2010 campaign robocalls in defense of Dan Dalager and denial of any wrong doing in conflict of interest? It was within weeks Dalager was indeed found guilty.   In 2008 Rachelle Collier was plagued by a professional robocall blitz (rather than with incumbent voices) presenting her as the candidate supporting needle exchange.  I guess the implication she was somehow pro-drugs?  It goes on.  It is what they do.

"Of course, part of the downside of wallowing in the scurrilous sewer and trafficking in slander and lies is that, sooner or later, you become a toxic mess.  Your stink becomes unacceptable to the general public."  

It is time for a change.

And no, both sides do NOT do it.

Rat by Banksy

Lincoln Club of San Diego

"For conservative political group, money speaks volumes." 
"If money equals power, the Lincoln Club wields it like no other local political organization. Its 400 members, whose annual dues provide a guaranteed source of money for the group’s political action committee, are a who’s-who of lobbyists, developers, Republican-backed elected officials (and their staff members) and high-profile business owners—the people behind Mossy Nissan, Jerome’s Furniture and Coles Carpets sit on the club chairman’s special advisory committee.

Though the Lincoln Club describes itself as nonpartisan and focused on “pro-prosperity” candidates and issues, what and whom it chooses to support is almost always partisan. “In many ways, the Lincoln Club is the Republican Party in San Diego County. [ . . .] “In many ways, they’ve followed the model of most conservative organizations, in which you don’t plan for the next battle, you plan for the next war.”

This an excerpt from San Diego City Beat on Land of Lincoln Club posted this spring. Great article, and a real course in the big business of slate mailers and the deception intregral to the Lincoln Club's strategy. Thumb through and look at who is being endorsed in 2012.  Then tell us it is bipartisan.

Why is this relevant to our Encinitas Election 2012?  Thank you for asking.

The Lincoln Club endorses Kevin Forrester, Mark Muir and Jerome Stocks.

For the Lincoln Club's Party it is about money and it is a winner take all war.

Banksy Rat

Busted

We have aleady posted the fact that Stocks is putting up campaign signs early.

But now, a Coast News videographer filmed Mayor Jerome Stocks and Councilman Mark Muir illegally placing signs on Friday night themselves. This is what the Encinitas law regarding signs says that no signs can be put up before 30 days to the election. That would be Sunday, October 7.

Typical of Jerome Stocks in the video below, he attempts to intimidate the man filming and demand information as though the man filming is doing something wrong.  Caught red handed he completely acts like he is the victim of aggression.

How dare anyone expect Jerome Stocks to answer to any law or challenge to his (illegal) behavior?

It is difficult to stand up to power and privilege and Joe is a hero.  Thank You very much.  We are distributing this because some don't have online access.  Those who do, give them some link love and traffic at Coast News.

Stay tuned.  We haven't heard the last of this by any means.

Oh, and Mark - about your little truth problem with "I'm not running with Jerome."  Busted.

Myths Encinitas

True Facts™ (clarifications at end)
After 11 years of public service, Councilwoman Maggie Houlihan died on September 16, 2011 and her colleagues in the majority at City Hall made a conscious decision to ignore her passing.  The flag at City Hall was not lowered.  The permit to hold a memorial was refused.  Her wishes to name a successor to her council seat were not only ignored, the special meeting was a TV/streaming blackout and the majority selection of crony fire chief Muir was an insult to injury for the representation of the Encinitas minority voices.

And, then the tipping point ultimately came in the Arts Alive! Banner program honoring Maggie Houlihan in recognition of her support for the arts as it was mishandled, misdirected and Jerome Stocks accused the sponsors in print of political purposes.

This is where the myth begins.  Jerome Stocks was immediately criticized by Maggie Houlihan's supporters, the Art Community and by the local papers.  He could have come away from all of this blow back without any political loss of face with the tiniest bit of diplomacy and good grace.  Instead, under the guise of serving the public (via property rights) he chose to drag this community through 9 months of controversy and divisiveness.

Our Mayor Stocks began his long campaign to create a justification for his petty, cruel behavior.  He has come to stand for utter lack of integrity in his role as mayor.  Stupidly, he continues to this day denying he said the things he is recorded saying.  He has, of course, relied on the cronies seated on the dais, Deputy Mayor Gaspar, Councilmen Jim Bond and Mark Muir to go along with and even expand upon each mythical aspect - be it the timeline, the participants, the City Manager role, the ironclad (it is not ironclad) process and procedure and straw man arguments. 

In late March of this year Houlihan's husband, Ian Thompson, notified the city council through Coastal Law Group that they would file a law suit against the city for infringement of 1st amendment free speech rights in this Art Banner ruling against showing the late councilwoman's image.  The ACLU also contacted the city regarding the violation of 1st amendment rights in this case.

Even here Stocks lied about the council being available to meet within Mr. Thompson's April 6 time frame when he said council members were out of town.  And when the council met and agreed to allow the banners to show Houlihan's image, despite the elaborate tap dancing by city manager, assistant city manager and the Deputy Mayor, the collateral damage was Stocks again refusing to give  any concession or any degree of cooperation as an act of goodwill.  He dug himself deeper into his mythical kingdom of "I'm right and everyone must pay for not obeying my words".

No signs whatsoever will be allowed in Encinitas until language of signage requirement is clear.  The video clip from this April 13 meeting shows the whole orchestrated narrative, including Stocks coaching the designated new guy motion maker, Muir in the next big waste of time, staff priorities and public goodwill - analysis of the false cause of banner outrage, unclear language. Even this ridiculousness was extended into August with another meeting to create a subcommittee - based on hired attorney (from Glenn Sabine's law firm) reading of the sign requirements. Jeebus.

From Dec. 18, 2011 to this Wednesday's upcoming meeting it will have been more than 9 months of Jerome Stocks personal animus for Maggie Houlihan has stirred controversy, created false narratives re-writing history and kept us from topics of real importance to citizens.  It has been painful and insulting to Maggie Houlihan's loved ones, supporters and close friends. This is wrong even to people who were not fans of Houlihan.  

It is simply not serving the public. It has cost the city in outside legal fees, staff hours and focus and valuable agenda time at the many council meetings with the mythical pretense of serving the public or as Stocks claims property rights or Gaspar claims of process and rules not being followed (no really, she said this) or Muir claims of really confusing language or Bond rambling, well Bond rambling. Throughout Councilwoman Barth is clear and consistent, the public implores and even the press  . . . doesn't matter at all to the club.

So, the Arts Alive Banners raised a lot of money at the  auction this spring, days after Artists 101 Colony director, Danny Salzhandler jumped the city hoops of filling out a form and then he set about removing the vinyl stickers the city Stocks had forced the group to place over Houlihan's image (at the cost to this group of $800).  DEMA and the Artist 101 have remained respectful and never overtly hostile to Stocks et al. 

All of this underscores what is shockingly bad behavior on Stocks' part and his co-conspirators in the majority.  Although he is the leader behind this myth making behavior, the council majority has in no way acted with any integrity.  Which brings us to this week and the agenda item for this Wednesday, approving the signage standards.  The complicit staff have dutifully buried a simple fact of one ambitious man's personal passions directing city government operations against a rival after her death. The latest mountain of bureaucratic bullshit. 

The agenda packet guided by quantity of words over quality of information follows: 

BACKGROUND: At the August 22, 2012 City Council meeting, Council Members Bond and Muir were appointed to a subcommittee to review and make recommendations regarding potential changes to the City’s Banners Program over the public right-of-way.

The ad-hoc committee met on two occasions on September 5th and September 12, 2012. At those meetings the ad-hoc committee identified the scope of issues, obtain legal input, reviewed potential draft language and obtained input from representatives from Main Street and Arts Alive organizations. Suspension of acceptance of Temporary Sign/Banner Applications for banners and signs over public right-of-ways by non-city entities has been in place since April 11, 2012. No new applications for banners over public right-of-way have been accepted during the suspension period. 

ANALYSIS:
The desire in addressing issues on banners over public right-of-way program is to obtain an option that allows continued use of the streetlight standards and other public right-of-way areas for non- profits community groups to promote civic events, cultural, historic or other messaging of community interest, yet manage risk to the City.

In order to continue a banner program allowing civic-minded, non-profit parties to provide banners over public right-of-ways, the following issues were considered:

• Exclusively promote non-profit, civic events or promotional or celebratory depictions related to the City; 
• No depictions of political figures; 
• Council reserves the right to cancel the program. 

Attachment “A” contains the current temporary sign narrative regarding banners over public rights- of-way in the Encinitas Municipal Code and the proposed language changes.

The proposed language changes were also shared with other community/business groups not in attendance at the September 12th meeting via email communications.

FISCAL AND STAFF IMPACTS: No fiscal impacts.

RECOMMENDATION: The subcommittee recommends that Council consider revisions to the Encinitas Banners Program over public right-of-way and direct staff to prepare necessary revisions to the Encinitas Municipal Code.

Current Language: D. Banners over public right-of-way shall be permitted subject to the standards established by the City and approved by the City Manager or designee. Said banners are for civic and non-profit City-wide recognized special events. The banner shall not exceed 45 square feet in area and shall be located only on City approved structures. The banner may be displayed no more than 14 days prior to the start of the event and must be removed within 3 days of end of event. Installation shall be to City specifications. Fees to recover City costs in reviewing the applications shall be established by the City Council.

Proposed:
“D. Banners over public rights-of-way.

(1) Banners over public rights-of-way shall be authorized by a City permit pursuant to this section and subject to the standards established by the City and approved by the City Manager or designee. Said authorization shall be known as the ‘City’s Banner Program.’

(2) Said banners shall exclusively promote or depict:

a. non-profit civic authorized events such as art festivals, athletic events, car shows and similar events; and
b. promotional or celebratory depictions of or related to the City such as points of interest, attractions and milestones. 

(3) Banners shall not promote nor depict the likeness of any political figures. The phrase ‘political figures’ shall mean former elected public officials, present elected public officials and current candidates for any elected public office. The phrase ‘candidate’ shall mean any person who has publically expressed or demonstrated an intention to run for any public office and/or filed the appropriate papers with a government agency to do so. The purpose of this subsection is to avoid public controversy regarding the perception of any such figures, either positive or negative.

(4) The Banner shall not exceed 45 square feet in area and shall be located only on City approved structures. The Banner may be displayed no more than 14 days prior to the start of the event and shall be removed within 3 days of the end of the event. Banners not related to a specific actual event shall not be displayed more than 90 days.

(5) Fees to recover City Costs in reviewing the applications shall be established by the City Council.

(6) The City Council reserves the right to terminate the City’s Banner Program at any time; provided, however, that any banner erected prior to said termination may remain in place for the duration of its authorization to do so.”
_________________________________END_________________________________

9/26/12 True Facts™ Clarification 1: Permit was not issued for the memorial gathering because when application was made, it was explained a permit wasn't required unless there more than 500 attending. This line is eliminated.
9/26/12 True Facts™ Clarification 2: Flag was not lowered due to Nov. 19, 2008 council vote to follow Federal regulations for flag lowering. City Link scroll to the end, page 9. This was an agenda item because ex-Marine City Manager Phil Cotton was against Jerome Stocks having directed staff to lower the flag for one of his favorite ex-mayors of Encinitas.

This is how adults deal with learning what is true and what is myth.  They acknowledge a mistake.

What remains central is that the city did not honor Maggie Houlihan in any way.

Thief!

Councilwoman Teresa Barth states on her website:

"I believe we must strive to sustain our five communities’ unique and varied character through fair and equitable implementation of the general plan, fiscal prudence, and environmental stewardship, with respect to all members of the community."

Mark Muir submitted to following for his candidate statement:

"We can continue to protect our treasured quality of life and the unique character of our five communities through fiscal prudence, environmental stewardship, and fair and equitable application of the General Plan."

Plagiarism is what this is called in a world of accountability.  Remember when students were kicked out of college for cheating by stealing writing of others?  Remember when journalists lost their jobs because of claiming other people's work as their own?

If this doesn't make you angry you may have lost track of some essential principle of humanity.  This is stealing.

Speaking of stealing, according to a large outspoken group of active and involved citizens, Mark Muir stole the council seat vacated at Maggie Houlihan's untimely death a year ago.  Despite Maggie's own endorsement of Lisa Shaffer and despite popular belief that the next highest vote getter from the previous election, Tony Kranz, represented the people's choice; Mark Muir took the seat handed to him by the council majority.

We have also heard Mark being considered a reasonable, rational voice within the majority club on the dais.  That's his scripted role, folks.  He is pretty devoid of anything on his own.  He is reading his lines, many of them lifted from Barth's own words to sound community friendly.  It's not new.  Kristin Gaspar did it throughout her meager 2010 campaign offerings and blatantly stole Teresa Barth's wayside horns project and presented it as her own in her very first council appearance. She continues to claim Barth's words, recommendations and motions as her own.

This opposition group doesn't have vision, ideas, plans or community goals.  They are part of an army following directions from their funding sources. This doesn't mean they don't have friends and family who love them and their own love for Encinitas beauty and bounty. What they don't have is a desire to serve the public's best interests, the public good or long range goals.

Mark Muir can hardly campaign on the real purposes, extract as much as possible from this lucrative community for those in charge of his election direction.

Funny, the usual desire here at this blog to link to sources and backup for all of the above is just not there today.  Without acknowledgment of facts, realty or any kind of accountability it just seems futile.

Mark Muir's theft of Teresa Barth's statement of many years of commitment to Encinitas was spotted in a Patch article.  We missed it until now.

Misinformation Minute Launch

The August 22 meeting of the City Council was filled with the usual fact bending, staged exchanges, history revisionism, false assumptions, insubstantial staff reports, outright lies and other standard fare.  Sitting through these without feeling frustration and anger is difficult.  Culling through it all again to capture clips feels like punishment.  So today the clips below capture the essense of falsehoods in a minute.  For seasoned council watchers little more is needed, for people new to the scene it's a taste.

 Whoops! Forgot one (posted 11:52 am)

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See Encinitas You Need Us blog for more factual information on these subjects.

Can't believe we are still protesting this . . .

Joni Mitchell wrote "they paved paradise and put up a parking lot" 42 years ago. It could have been written today for our council majority and their backers. Two generations of protest on behalf of the quality of life. Is anyone listening? (They aren't.)

They paved paradise
And put up a parking lot
With a pink hotel, a boutique
And a swinging hot spot

Don't it always seem to go
That you don't know what you've got
Till it's gone
They paved paradise
And put up a parking lot

They took all the trees
Put 'em in a tree museum
And they charged the people
A dollar and a half just to see 'em

Don't it always seem to go
That you don't know what you've got
Till it's gone
They paved paradise
And put up a parking lot

Hey farmer farmer
Put away that DDT now
Give me spots on my apples
But leave me the birds and the bees
Please!

Don't it always seem to go
That you don't know what you've got
Till it's gone
They paved paradise
And put up a parking lot

Late last night
I heard the screen door slam
And a big yellow taxi
Took away my old man

Don't it always seem to go
That you don't know what you've got
Till it's gone
They paved paradise
And put up a parking lot

Myths Encinitas

Although covered elsewhere, the myths of ERGA - Encinitas Ranch Golf Authority - need to be aired in an election year where so many other financial fantasies are being unveiled.

Over the last several years the story of why the ERGA agreement needs to be diddled with changes every time these developers and players approach the podium.

And, something missing from every council meeting, local press story or blog flinging scattered bits and pieces at us all is this, what about the management of this golf course. What about J.C. Golf and their failure of management?  Isn't this a first step in assessing performance in assigning accountability?

It was and is a myth that this is a well run facility that was without financial failings.  More importantly, this myth was known and kept afloat - as all records now indicate.

One only has to look at the condition of the property and holdings and compare it to what is being charged to golf or other services.

Here is a look back at some the archived clips at encinitasyouneedus.  Original meetings can be accesses for every speaker and arguments.

May 19, 2019 - Stocks pushes hard to "re-open" a 10 year old contract, lots of fact free assurances from the crony crowd that everything is looking great. Request from Council-woman Barth and Sheila Cameron for financial back-up. (Spoiler alert for the next clips following this, doesn't happen.)

 

In June an almost comical runaround from Jay Lembach in response to Councilwoman Barth's questions about obligations to ERGA's debts.

I told you so moment. Encinitas asked to take a preemptive hit for golf course.

Some history . . . Emphasis on how the developer, Carltas benefits above all. Phony baloney stuff criticized.  Risk taken in 1996, privatized gain is now looking for a socialized cost.  It is essentially a bail out.  Why didn't they just admit the truth? Request for audit . . .

Laughing Stocks

Explain to us exactly what is so delightfully comical about your Deputy Mayor acting out a kind of petulant interruption to the final vote on the long awaited and highly orchestrated event for your many promises to special groups on this momentous Hall park and Moonlight Beach financial package to proceed?  Long sentence that and I apologize.  There are simply dozens of suppositions one could stuff into those several minutes of adults acting like adolescents rather than public leaders.  What the hell . . .?

Don't for a minute think Stocks is laughing with us all.  He laughs at us, believing us stupid, blind and deaf.

This deferential treatment of shiny, smiling Gaspar isn't really new, but it seemed more obvious at this evening's venue despite more than a hundred in the audience and an estimated huge audience online.

Remember the last meeting, June 27 when Gaspar was on vacation? We stared at her empty chair at the end of the meeting when her item was pulled from the consent calendar. Via teleconference she essential challenged City Manager Vina's numbers, staff negotiations, anyone's ability to make a lease decision without her amazing financial acumen? Despite all of the City Manager's figures, Muir's confidence (as fire guy), Teresa's attempt to suggest this as a future agenda item the Deputy Mayor was having none of it. Up to and through the voting she was a petulant brat. She is only too aware that there is a ME in team, despite her hypocritical attack on Barth at that very meeting, saying sanctimoniously there was no I in team.  You can't make this crap up!

Here is the clip of the entire festival of indulgence and time wasting brought to us all by Deputy Mayor Gaspar, the financial wizard.

The Mayor's and Deputy Mayor's  tête-à-tête is the highlight here. And, Gaspar's demand that her wishes and comfort level be honored DESPITE the majority decision and Stocks ingratiating explanatory contortions to appease her are equally gag worthy.

Get a room . . .

Oh, and just for context to the first clip, note the more common demeanor of Mayor Jerome Stocks at the very opening, the onset of this Special Encinitas Meeting.

 

Throughout the meeting he cut some people off, allowed others to ramble, censored some, charmed others.  Bully. Crony. Bully Crony. Every Encinitas citizen needs the visceral political experience of attending one of the 9 meetings left before the election.  The opinions are not unanimous - even among us all here.  But the actual meetings, and the actual words and behaviours in the clips are plain enough to see.  Please pass along links to all of our neighbors, coworkers and friends.  We can do so much better for our community than this.  We have such talent and ethical individuals who actually want to serve. 

You Can't Get Along

 

"Where is the outcry for this issue?" She answers simply, "This is an issue because you can't get along."  Kathleen Lees attempts to make a centrist, non-confrontive series of statements regarding the last minute agenda item tacked onto the July 11, 2012 Special City Council Meeting, the proposed ballot initiative for an elected mayor in Encinitas.  At the core she was naming the problem.

One of the reasons a series of complex posts were presented this last week was this very comfortable, simplistic rendering of the majority's unacceptable treatment of their elected colleague, Teresa Barth, for years.  This is a kind of incivility that millions of people around the country witness each and every day in our culture. It has become a culture of bullys and bigots.  Right here in our council the regular attendees, advocates for their own neighborhoods and interest groups (like last nights skateboarders, dog owners, scientists, traffic critics, sports enthusiasts and league businessmen) all want their voices heard and documented. Even the most outspoken, the bossy, the curmudgeons, the preachers and the politically wonky are supposedly given that right in a democratic system's bill of rights.

The posts on this blog, the clips here and the archived hundreds all show a majority council made up of those who would deny a fully open government, who show intolerance for dissenting opinions, make false acusations and manipulate the process for political gain. The political goal of a zero sum game means a complete blackout of their opposition.

As the clip text states:

Jerome Stocks and the majority on the council over the last six years have shown over and over again their utter contempt for Teresa Barth. Yet even today, with the simplistic "he said, she said" model of reporting by  local news it is all too easy to see controversy and a parity in viewpoints that just doesn't exist. Stocks simply refuses to allow Teresa Barth any position, any voice or any credit as a colleague. She has been "othered" since the day she was elected. That is reprehensible, but even more unacceptable is that Teresa Barth represents the voices of the thousands and thousands of Encinitas voters who have had their votes erased by disenfranchising their choice, their elected official.

We must demand to be heard.  Moreover, it is our moral duty to stand up to the bullying that our elected official is made to endure, despite her consistently respectful demeanor and robust support of the entire community.  If we are attacked for supporting our own right to voice our opinions our defending our public servant we simply don't have to play along.  Confrontation is our right, despite what Mayor Stocks or Deputy Mayor Gaspar may label it this week.

They're still Terrified of Teresa Barth

They are nothing if not relentless in their goal to completely silence Councilwoman Barth and the large number of voters who she represents. The goal in repeatedly bringing back and attacks on Barth seems to aim at destroying her opportunity to come out of exile as the Encinitas preferred mayor. What the hell scares them so much?  Like clockwork every 6 weeks there is some sort of Stocks led power play, masked as a kind of populist move to legitimatize the selection of mayor as fair and civil. 

Review following 2011 mayor selection evening when people turned their backs as Stocks and Gaspar ensconced themselves in the positions of leadership.  

At February 15, 2012 these two acted in concert to introduce a 2 year mayoral scheme that would make Gaspar mayor. This Mayoral Mambo was out of the blue and thankfully didn't get enough votes from their own team. 

Here is what Teresa Barth said at that meeting.  Even now, five months and two council attempts later to get questions answered by staff go ignored.  This is also revealed in the post that follows this clip.

This post from Encinitas You Need Us Blog is a reprint.  It is one of the popular posts on the blog.

They're Terrified

It was highly entertaining in these last few days to read all of the comments following Jerome Stocks embarrassing letter in responding to Teresa Barth's letter in Encinitas Patch.   First, it was appropriate for Barth to publish her perspective as her voice on the council is so consistently ignored, dismissed or drowned out by four others of the super majority. On the other hand Jerome Stocks gets his bully pulpit on the dais, control of the agenda, a North County Times (NCT) reporter who acts practically like his publicist and other media focus and framing.

Yet the Stocks letter is a gigantic overreaction to Barth's statement of her experiences.  He and his cronies have treated this woman's minority voice on the council with irrational fear.  What kind of power toppling abilities does she have that motions, agenda item requests, counter arguments, insights from other California cities, advocacy for residents, (even a vote for the mobile home tenants for God's sake) might she bring down for them?  These mighty majority act like theirs is very fragile platform. They may be correct. There are hours of meetings which are pretty fact-free or so orchestrated for confusion it is difficult to mount rational responses. There is not a lot of 'there' there.  We know its been years since anything has been built or accomplished.  Even the General Plan Update (GPU) is being sold as a hoax by the council who brought it to life.

Undeniably there is a great deal of money behind these big boys.  Nobody needs to be told that, although it would be helpful if we could be reading in the press the names behind those who back this cabal at city hall.  It is well past time for that preliminary investigation.

Yet, these comments in the letters here and here are a wonderful sign that there are so many articulate, informed and savvy people paying close attention to these (mental and emotional) lumbering brutes who think the city is theirs and the inhabitants are all asleep or imbeciles.  Wide awake comments at NCT's, A"So Much For Democracy" Raspberry discussion thread brought another batch of insight and resistance, though the regular majority's gang were still there crying about that mean (how dare she) Barth and anyone who would attack poor Stocks and Co.

If you wrote a comment speaking out for Barth, against the Crony Club - give yourself a pat on the back.  Several comments were inexplicably deleted.  I hope they might be recovered as they belonged with the rest.  Imagine if 40 people responded rapidly to an engaging story for challengers to the monopoly or to a hit piece.  This would be a revitalized, engaged community before the election was even under way.

6 weeks later . . . 

Mayor Stocks argues again and Deputy Mayor Gaspar has full blown Poutrage

following Councilwoman's speech and the many remarkable speakers in support of democratic process, dissent and Teresa Barth personally.

Activists / Advocates Speak Out - A Sampling of the Dozen

2012 Council Candidates also speak out. 

Lisa Shaffer published her statement prior to the this March 28 meeting and EYNU captured it. And Tony Kranz spoke out at this meeting with his own unique experience and perspective on the faux populist and criteria arguments.

Wed. night - Now 16 weeks later (whoops their skipped opportunities). This winner take all crowd in the majority again can waste time - supposedly on the people's business - to distract and abuse the public on this political attempt to garner complete control of the city council process in Encinitas.

This ordinance is STILL poorly written, still without answering repeated questions for more detail and still politically driven, and not much more. Nothing is broken here, it's fixed. The personal grudges of this majority are frightening in their relentlessness and viciousness. What do they fear? And a special note to the old guy who has vowed to bow out and vowed to change the mayoral selection to an elected option. Sometimes you just don't get what you want. Please let go of your grudge from years ago. You and Muir can take the higher ground.

ATTENTION:  All hands on deck for Wednesday, July 11, 6 pm special council meeting to be held at Encinitas Community Center.  The financial bamboozlement of the Hall Property park and the Moonlight beach improvements will be item #1,  this mayoral grab action is #2 on the agenda.  Bring your cameras and enthusiasm.

Myths Encinitas - People's business continued . . .

This week's second major myth is that this council majority primary interest is to conduct the people's business.  This is a continuation of Monday's Myths Encinitas.  The Deputy Mayor, in her role as Gaspar the Willing Host (variant of Casper the Friendly Ghost, a favorite here at Our Mayor and Gaspar the Empty Boast) again shows she is more than willing to be the presenter or hostess on behalf of the cronies. This includes the majority team and the people they are serving - a very short list who will benefit directly from an unchallenged status quo in all things. 

A subcommittee set of constraints is just the latest in the council administration policies being reshaped and rewritten over the last few years to keep the public tightly controlled and gagged if possible. But for context, it is important to show a whole series of acts to waste the people's time, the public's money for staged antics to silence dissent, marginalize minority decisions and control outcome at council meetings. All of these things are to codify, make legal, injustice and bullying behavior of the majority. Hours and hours of council time, public backlash, council "deliberations" (read: rationalization) is used to create controversy and confusion.  People's Business my ass - that is a joke.

This subcommittee business started with the strategy to take the offensive with a big emotional topic to mine votes in the upcoming election year  - the General Plan Update.  September Stocks ranted and raved fact free for about a minute and a half. His rudeness and ugly baby image gave the trigger point for, step 2 the outraged citizenry / businessmen. The next step was to position Kristin Gaspar to present the scripted plan to introduce a new council advisory body.  What followed this elaborate attack on the General Plan process was volunteering Teresa Barth to sit on a subcommittee with Gaspar to flesh out this newly scripted plan as the video clip below shows. 

Subcommittee Ambush for Super majority Goal. 

Just 2 weeks later the majority volunteers Teresa Barth to the subcommittee appointed to decide how to fill Maggie Houlihan's seat despite Maggie's videotaped wish that Lisa Shaffer be considered her successor and many public speakers questioning why the next highest vote getter at the last election, Tony Kranz.  Barth was clearly in favor of either of these options, yet she was ambushed again into legitimatizing the majority nonsense. We are to infer (or to read in minutes) that Barth was a full and equal member of the subcommittee. What do you think? 



 Back to the General Plan Blow Up offensive plan where Councilwoman Barth was roped into being a volunteer on the ERAC subcommittee meeting.  In this tirade by Councilwoman Gaspar which was illegally allowed to be presented by Mayor Bond as an non-agendized speech, unchallenged by the city attorney, unanticipated by Barth and on top of all that . . . Bond disallowed any rebuttal from Barth.  This is an ambush, an attack clear and simple.



By this time it was clear that Barth was being set up to appear as a traitor to the Maggie Houlihan constituents, unworthy as a potential mayor (with that procedure coming up soon) and virtually silenced to present her own case or mount an effective counter balance to an all-consuming super majority.  Teresa Barth remained and continues to hold stead as a community treasure in the eyes of the public  - despite these attacks. 

Over a period of a few critical weeks at the end of 2011 the people's business was ignored in favor of blowing up General Plan Update and creating a super majority on the city council. They also were able to kick Teresa Barth to the curb when selecting a new mayor based on fabricated nonsense from Gaspar's she-said, she-said presentation of undocumented subcommittee work.

On March 21 of this year Teresa Barth was able to make it clear she would no longer serve on any subcommittee until rules and responsibilities were spelled out.



And six months since later this super committee have codified a gag rule that completely keeps the people's business in secret.

This majority gang will never be accused of serving the peoples business or being critical thinkers or creative in their governance of Encinitas for the good of the whole population.  They are relentless though in their inventive winner take all strategies via disinformation, distraction and denial - if you'll excuse the alliteration. Again, making the claim of doing the people's business is comically stretching the truth.