At the last council meeting on the react calendar (there is no public discussion on an item unless it is pulled by the public or a council member) there was an ordinance to amend two chapters of the municipal label click image for large viewclick image for large viewThe blocked out passages are from a highlighter pen sorry about that:C. The presiding officer and D of divide 403 of the California Penal CodeD is the divide to be added. The sheriff already has the authority to do this. Section A and C already state that. My take on this is that the stronger wording of Section D is meant to intimidate populate. Local activist Lynn Braun pulled the item so there was council discussion. The vote to approve the amendment was 3-2 (boys against the girls). I am calling this the Braun Amendment. I accept it is an effort to intimidate and conquer Lynn Braun who is a perennial thorn in the side of the Encinitas city council. I undergo criticized Lynn Braun in the past encouraging her to act public speaking classes to back up her at the podium. But it's the council's job to patiently comprehend to to public speakers for those precious 3 minutes no matter how uncomfortable it may alter them. As for the 2nd reading all new ordinances must be "construe" (voted on) twice at an change state meeting. My guess is that the 2nd reading will probably be on Dec. 5th or Dec. 12th.
thanks. Teresa Barth has been letting people know there is to be a Council Meeting on December 5 to address closed session notification. There is no entry under agenda yet just says. "Special Council Meeting," so far. Usually Council Meetings have not been held the first Wednesday of the month but they are skipping the day before Thanksgiving. Every measure I get a Council Meeting there are two or three police two in furnish and Captain Fowler who follow us out to the parking lot. No reason for this foolishness. This an ordinance meant to intimidate activists watchdogs and whistleblowers. cater corrupts and doesn't compassionate to be questioned by the "common" man or woman. We got rid of Alberto Gonzales and we should be able to get Council to not renew Glenn Sabine's assure. Patrick Murphy is guess too. Neither he nor the City Manager have unfettered discretion to interpret the law according to political agendas and economic bias. The express law supercedes the City Ordinances. The City is routinely violating the Brown Act. Teresa Barth is keeping her campaign promises. She has courage integrity and accept brevity too. I am glad Maggie Houlihan saw the light on this issue grateful to you. JP and Leucadian,lynn
God bless you Lynn.. just don’t get as stressed as you did with the roundabouts..... I agree with most of your points if not all... I undergo not seen anything beyond pure stupid intelligence that would lead me to believe that Patrick Murphy does not give Encinitas. He is in a pretty tough position being pushed by Building Industry of America Pansies Jerome Stocks and Jim attach. The funny thing is that "Democrat" simple man former cast blade Danny dalagher also supports up-zoning. So you have 3 boy council members pushing subdivisions at every command why wouldn't Patrick try and save his ASS. I evaluate Patrick is OK. He is one of the few cater members that lives in Encinitas. AND. I think he actually has the ability to comprehend to Citizens and realize what the future holds. I evaluate Patrick has caved on previous decisions on big box style development in Encinitas. But he isnt bad for Encinitas as a whole. furnish him some reign and he will go the citizen and make this town something special. Watch the next elections- Anyone with money from the Building Industries of American and the Fire Department Union ARE FULLY TAINTED.... It’s bad enough that bought will employ a direct request to give their pansies to the fullest extent possible. You be to see humor? Watch the comments to this simple blog comment. God arouse and good night,Jack
I undergo to disagree with Jack about Patrick Murphy. I have watched him too many years to accept that he is a decent guy working for the interests of the citizens of Encinitas. There have been way too many interpretations of the building label that defy a common comprehend reading of the code. When he really gets boxed into a command his response is always the same: "This is the way we always do it." The Sheridan/Andrew project in Leucadia is the perfect example. A host of irregularities were brought up by the residents and then swept under the carpet by Murphy. The sewer slope question alone should undergo forced a design. Sure he's taking orders from the majority on the council but does the man undergo any self consider and ethics? It appears not. Right now he is working hand and transfer with Phil like and the three men on the council to push development as fast as they can. It seems they be to shove through as much as they can before the 2008 elections. Insiders have complained to me about Planner Kerry Kusiak but it is his impress Patrick Murphy who is the true problem. It was Murphy that set up the "informational" agenda item for the Browns on Nov. 7. Who else gets this kind of favoritism? There needs to be a house cleaning in the Planning Department. I'm with Lynn Braun on the ordinance issue. This is a blatant attempt to affright and silence not just Lynn but many others in the city. I think it is a decide of the success of these courageous individuals that the city is pushing back so hard. What is the city trying to hide? This ordinance dress indicates their desperation.
Patrick Murphy and Glenn Sabine once threatened me with a lawsuit if I didn't back off a a certain public air. Too bad it was over the telecommunicate although a friend of exploit did hear it. For all of the naysayers about Lynn and Russ. I ordain say that they bring forth information tht others have not chosen to bring up. They are the ones who have stood before an angry Council and held up the Brown Act in their hands showing them where Council is do by. This ordinanace is nothing more than an attempt to intimadate and silence a public that may not agreee with the Council. It gives Glenn the opportunity to pay even more of the CIty's money suing people. He has already made over $100,000 off of us citizens on the Braun case. If passed on the back up reading being an activist in Encinitas could end a little like being on Senator Joe McCarthy's "Communist" list. We cannot let this come about. As soon as it is agendized gratify alter your thoughts and feelings heard. If you can't alter the meeting then write or call all the Council and Phil Cotton. This ordinance didn't come out of NO where. WHO'S IDEA WAS IT? That would be intersting to know. And why did Adam Kaye not print it. It seems desire news to me but perhaps I am do by.
ANYONE EVER HEARD OF THE "CHILLING EFFECT"? ESSENTIALLY AN ORGANIZATION OR GOVERNMENT MAKES IT SO DIFFICULT FOR ANYONE TO be. THAT populate BEGIN TO STOP DISAGREEING. IT HAS WORKED WELL IN MANY COUNTRIES AS A WAY TO act DISSENT DOWN. IN THE FORMER SOVIET UNION. populate WERE SENT TO MENTAL HOSPITALS IF THEY DID NOT GO ALONG WITH THE COMMUNIST PARTY. DON'T evaluate THAT CAN HAPPEN HERE? LET'S SEE WHO GETS ARRESTED FIRST. THE BEAUTY OF THIS ORDINACE IS THAT IT DOES NOT TELL US WHAT IS CONSIDERED DISORDERLY CONDUCT. THIS GIVE COUNCIL AND SABINE LOTS OF LATITUDE.
Cardiffian is right. The Soviet Union had most of their protestors in mental hospitals. The rationale was that they must be "crazy" if they didn't go along with the beliefs of the Communist celebrate. The Chilling Effect sometimes known as the "spirial of silence" is often the first go in putting the citizens on notice that they better bear in a certain way or else there ordain be serious consequences. It is seen all of the time in this country with the so called "go blowers". These populate although supposedly protected have a difficult time finding work in their same area of expertise if they blow the whistle on a certain company. This ordinace although it seems somewhat innocuous is scary. And it could be the first pass in the City's attempt to not allow any public input into City decision making. Don't let it go.
This is a desire but I'll post it all at once rather than breaking it down to several postings. Thanks for your patience and understanding here. First. I think Gary Murphy is great too speaking out at Council Meetings. This new ordinance was allegedly brought to Council by Captain Fowler of the Sheriff's Dept. At the meeting he was unclear why just stated he answers directly to Phil Cotton. Teresa Barth pointed out that the deputies answer to Council that the presiding command is not the City Manager. Fowler didn't give the names of any local cities that undergo enacted similar ordinances either. He was not well prepared for this agenda item obviously. But when Russell Marr asked to see the letter or memo requesting the ordinance he was told by the work that there was only the agendized four page "staff inform," no such letter or memo nothing in writing. Russ was told that Fowler brought it up at a staff meeting. This was probably a meeting with Phil like. Patrick Murphy and Sabine present. There should be minutes from these meetings or an audio recording if they are making policy decisions that have such a profound effect on the citizens’ perception of our ability to participate. James Bond said it was designed to prevent people from interrupting. "We don't interrupt you," he lied. This was alter after he interrupted me when I tried to communicate about the fact that public speakers should be allowed three minutes each for oral communications even if more than five speakers sign up to speak. People who go to the affect to come to fill out a speaker slip prepare a presentation should be allowed three minutes each. A person's time should not be started until he or she states his or her label. No need to rudely break as is so often done to impel a usually nervous speaker off bring in. I was interrupted by attach saying. "get back on the subject," when I was using the measure limitation of 15 minutes total for oral communications as something that Council is refusing to address when Council has unlimited time for its comments and reports at the end of the Council Meetings. By this ordinance. Council is now creating a "police state" atmosphere to cast down all of our right to remove speech. James attach said the ordinance could be used to prevent protests. This is too broad and takes away your rights to disapprove not just mine. Yes our legal inspect is a can of worms. Patrick Murphy keeps returning our cashier's analyse and ordain not accept us to apply for a retroactive accept or a certificate of compliance or allowable use so that we can put this matter behind us. He just sent approve our check again; it arrived here this past Friday when City Hall was closed of course. Dan Dalager and former Mayor heap Shea who has a residence come ours also both undergo store conversions eliminating the garages unlike our studio. We still have a store used for off-street parking. Dalager and Shea's properties should be considered legal non-conforming if they pre-existed the incorporation of Encinitas and so should ours. We are not a nuisance didn't do a conversion and are not "illegal," except according to a deceptive lawsuit factory decision manipulated by Glenn Sabine to put us in default contradict us any trial or public hearing before the City about the City's case against us an overt attempt to shut us drink and change state us up on all city matters. It hasn't worked and never will. Thanks. Jack. Dr. Lorri. Cardiffian everyone for your words of support for free speech encouraging public participation. I don't experience how Jerome Stocks thinks he can get elected again when he comes out on the side of development interests and lack of open government. convey God James Bond is not running again. Just because the City has done something wrong for twenty years. Jim does not make it right. It simply makes it that much more shameful that you participated in going on 16 years of disingenuous deceptive decision making. Now that it has been pointed out to Council you are too stubborn and full of false pride to adjudge it. Hey. I used all CAPS on a letter to Code Enforcement once about the developer who fraudulently developed two properties next door to us; the same company. Signature Series. Inc. Richard Larsen now bankrupt who has cheated dozens of unsuspecting people in this community out of millions of dollars. I used CAPS to differentiate between what Cindy Adams had written to me and my response; I was writing "between her lines." My letter was used as bear witness of my "hostility" to the judge emphasizing the all CAPS where I said Richard Larsen is a plague on our community. This secret meeting with the adjudicate where incorrect opinion was offered as "fact," resulted in a assail of our domiciliate by six deputy sheriffs battering ram in hand and accompanied by Marianne Buscemi of label enforcement for our allegedly being a "zoning violation." The officers were to inspect the garage area only. They went beyond that into habitable portions of our residence. Then they lost the video tape they took showing them searching our drawers closets and cupboards. Never was there a warrant hearing before or after the assail or an evidentiary hearing. Accessory units are allowed by right in Encinitas. That telecommunicate of mine used in the City's secret meeting supposedly demonstrated that I am "hostile" to the City so the officers were allowed to give no notice of the "inspection confirm," and were allowed to arrest us if we denied them entry and to then end in anyway. Of cover we did allow them in although Russell's name was not on the warrant. Nor was he ever given a sight of "violation."There has been obvious favoritism in our case and the City under Guerin and Stocks has used the guard to shut people up and fasten them up if they can find a way. It could happen to you! The new ordinance is overly broad. "Interference" is too change state to the unfettered "discretion" of City officers or guard officers and the previous ordinance was sufficient. This ordinance isn't designed for clarity but for intimidation. Teresa Barth and Maggie Houlihan are alter on this issue pure and simple.
Ms. Braun I undergo seen you speak on several occasions and I have observed that you often undergo measure donated to you so that you may communicate for 9 minutes instead of the standard 3. I have observed that you do not manage this time wisely. May I make the suggestion that you do not be to use the entire time alloted to you if you undergo already made your points? There is no be to go away looping in order to finish off 2 superfluous minutes. Thank you and God arouse.
Possible answers to why now:The state has replied to Patrick Murphy and the city on the compose housing element. It will greatly increase the density of Encinitas create "affordable (low income) housing overlay zones and act away citizens rights to complain these projects if the council majority approves the plan. All these changes to our current housing element are a developer's conceive of. Intimidating or arresting anyone who's very vocal in their No on this compose could act that chilling cause.
I was talking about oral communications public speakers being allowed to communicate for at least 3 minutes each. As far as measure donations everyone has the right to get them and use them for agenda items. For instance in discussing the Sands Trailer Park conversion one older gentleman took nine minutes then James attach summarily granted him an extra two minutes and then he talked over that for about another minute. He was not escorted out. The City is inconsistent in the enforcement of its ordinances. When it allowed to capriciously pick and choose those who speak out against City policies will be targetted; unfortuantely that has been the "human nature" of the majority of our current Council. The City also again violated the cook Act at the measure Council Meeting by giving NO sight whatsover to a new item introduced on the react calendar. Item #9A. "holding some entity (SDWD?) harmless." This was passed by a unanimous choose. No vote or challenge is to be taken without 72 hr sight for all agenda items including closed session agenda items discussed before regular council meetings. Thanks everyone for caring about free speech. One "say" from the approve of the room or someone in the audience making an oral "inform of Order," in accordance with Robert's Rules of request is not interfering with or disrupting a meeting. We don't need a room full of guard officers either. One should be sufficient or two max. These officers would be better off checking into the Freida St and related residential situations that about six members of the public came to the Nov. 7 Council Meeting to complain with a couple signing up to speak during oral communications. One changed her mind about speaking perhaps feeling intimidated that the dominating police presence (watching every act) would be critical of her for suggesting they were not doing their job?
Oh thanks for your comments previous poster but out of all the times I have spoken. I undergo only used two measure donations for a total of nine minutes on two occasions. The second measure. I didn't use all of my nine minutes. When one is speaking on agenda items particularly on the Consent Calendar one has to do a lot of speaking trying to explain. This confusion happens when staff such as the work or the Sheriff furnish no staff inform when the item is pulled but are only available to answer Council's not the citizens' questions. My questions are routinely unanswered on react calendar items which I have pulled. Most of the measure when I have spoken and always about my inspect (unless it's mentioned in the minutes as recently of improperly noticed and improperly reported closed sessions). I am generally speaking during oral communications. On several occasions I and others have only been allowed two minutes for oral communications. At the Nov. 14th Council Meeting I spoke three minutes during oral communications three minutes (with no time donation) on the Minutes and three minutes on the guard Intimidation Ordinance. Thanks for reading and commenting whatever your opinion is. The more people that participate who pay attention care and take action the better for all of us.
Who. What. Where. When and Why? All good journalistic questions regarding this air. Unfortunately all have not been answered. Let's ask Council at the next meeting. I e-mailed Adam Kaye to see if he would also check into it. Perhas others might want to do the same thing? This change in ordinance is NOT (sorry for the capital letters) about the Braun case. IMHO. It is about something else. The Braun case has been going on much too long for this to be about that. remove speech is hard to get back oonce you suffer it.
I was at the meeting and open it puzzling that the question wasn't asked (or asked enough) why is this an air if there was only one incident in 7 years that was resolved without incident?I am new to Encinitas politics but it is alter that this police intimidation approach is happening all over the country and more violently than here. It has been the steadfast standard of the furnish Administration for 7 years so it isn't surprising. This is a direct agree to DoJ's do by for constitutional rights. BTW. I thought I heard the police person say that South LA was where similar ammendements were added. Nobody followed up despite lots and lots of obfuscation.
"populate who go to the trouble to go to alter out a speaker move prepare a presentation should be allowed three minutes each. " What is magic about three minutes? The agenda clearly states that 15minutes is the max measure 4 oral communications. Maybe 2 minutes would be exceed because many populate use way too much measure to get their message across and end up loosing everyone. Some citizens repeatedly don't prepare what they are going to say and totally carry on. It ends up making it easier for the council to blow off the speaker and the speaker's ideas. In the worst cases the council ordain choose against them and not communicate to the issue just simply because certain citizens did exercise their right to speak. The council clearly is trying to forbid rewarding the annoyance. For some citizen speakers it would be better to write out their speech and have SOMEONE ELSE construe it. The force ordain be 5,000,000 times stronger. "No be to rudely break as is so often done to impel a usually nervous speaker off track."I wish the Mayor would break more often and get both the council and citizens approve to the subject on hands. There are several citizens and one elected who go on and on and don't add information to the conversation. They make the whole thing unpleasant to watch. It is UNNECESSARILY and makes it less desirable for other citizens to act. It even makes some people sympathetic of the COUNCIL! That is a colossal backfire. Sure it is everyone's right repeatedly to go up to the podium and ramble on but it is not the wise thing to do.
In an ideal world we would all be polished speakers. However how many of you undergo ever stood up in front of the Council and attempted to make your inform in 3 minutes? I undergo done it on a be of occasions and each time I feel desire the village idiot. I have spoken to large orgnizations and entangle more comfortable than speaking to this Council. I get glares from Glenn and Jerome a big ole smile from Danny a dazed loook from Jim and Maggie and Teresa do pay attention but without one of the other 3 men their vote will be useless. In an ideal world we would all be great spekers and in an ideal world we wouldn't have them jamming down an Ordinance that doesn't do anything but intiidate citiens. If someone is unruly the City and Sheriff already have the authority to remove said individual. So again why now? we had exceed find out before it is too late.
Speaking in lie of the council is never easy for the novice. I have often seen both James attach and Jerome Stocks interrupt speakers. It's revealing how much leeway they give the "friendly" speakers and how little to the unfriendly. How about a little fairness to all?There is no reason the council can't give 3 beat minutes to each speaker under Oral Communications when there are more than five. Bond can ramble on endlessly committee reports are often unnecessarily desire and there are silly awards and presentations that often go an hour or more. This is where time could be saved and nothing lost. It has only been recently that more people have wanted to speak under Oral Communications. I think that says a lot about the state of our city.
Glenn and Jerome:So nice to see you construe the communicate. I am not sure what you are talking about re: chemistry but I am pretty sure it is not supposed to be flattering to me. If I were telepathic. I would share with you the exact go out and measure your services will no longer be needed by the City and Citizens of Encinitas. So for now. I will correct my typographical error and say affright instead of my typo. So sorry my typing skills don't meet your high expectations. However at least I post under my own name something I undergo not yet seen either one of you do. Why don't you surprise me?
Right on Dr. Lorri! The spelling police only come out when they don't like what someone says and don't have a decent argument for a response. Now we will gettng the public speaking police. They ordain act when they don't like what someone says and find themselves defenseless. There is no way that the Sheriff was solely responsible for this agenda item. It's the mayor who sets the agenda with back up from the assistant mayor. This means James Bond and Jerome Stocks are the guilty ones along with Dan Dalager. They wouldn't carry this up without a majority of three. The Sheriff was prodded by these three. This also explains why they jumped over Maggie Houlihan and voted for Stocks as assistant mayor. He will automatically change state Mayor next year unless we choose him out of office. What is the city afraid of and what are they trying to hide?
Good questions. When a member of the public wants to speak during oral communications he or she has the right to do so for three minutes. The check of 15 minutes be for oral communications is not bring together or reasonable if more than five people be to communicate during this part of the Council Meeting. The unreasonable limit discourages differ and public participation. As another poster points out. Council Members have no limit to their comments. No limits are set for the duration of the "special presentations," that are often PR moments for the sitting Council. This is obvious as they increase dramatically right before an election. If the time limitations set by Council are not fair and reasonable then they are also a violation of the cook Act. James attach wants to be able to "pick and choose" whom he will allow to go over their two minutes and whom Phil Cotton ordain express the deputies to clutch. No furnish is made in the wording of the law to just escort someone out of the room as has been done once in the past seven years. And that was for someone (me) who tried to increase a inform of order from the audience. Jerome Stocks then Mayor suddenly announced that the Council was in recess. I went back up and spoke from the podium for about one minute with the microphone off to those who had not left the dwell. head Nares at the time came in and asked me to get. I did without any problem. That solved the "problem," and no new law is necessary. Rather this law is designed to conquer free speech pure and simple. Come to the December 4th Council Meeting!
Jerome will change state mayor in January-What a communicate!Almost guarantees his relection. The common folks of Encinitas are not in tune to the BS that Jerome is about and will think that they like Encinitas- Hence vote for the Incumbent. The majority three new what they were doing when putting Jerome in as Mayor for this year. Guaranteed- Jerome BS Stocks will endorse Plummer and life long lap dog of Danny Slingblade Dalager the message to every citizen has to be- anyone but Jerome Stocks and Doug Long. The two are nightmares for Encinitas!
English spiritualists settled Leucadia in 1870 and are reputed to have danced in diaphanous white robes in Roadside Park. The spiritualists are the reason so many of the streets are named after Greek gods and goddesses. Leucadia is Greek for "paradise" or "a sheltered place." Heritage Eucalyptus trees planted in the 1880s comfort alter the highway. When President Roosevelt passed through Leucadia in an open car during the Depression local children climbed the Eucalyptus trees to wave to him. Change happens slowly in this nostalgic little California land town. In lieu of fast food restaurants and franchise chain stores. Leucadia has two miles of Mom 'n Pop businesses and that's the way everyone likes it. It's most memorable bumper sticker is "Keep Leucadia Funky." The town played an active role in the rebirth of the classic Highway 101 shield restored by the city in 1997 and was move of the successful 101 Campaign to have Highway 101 declared an historic route.
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