tag:blogger.com,1999:blog-14788939534765540832024-03-13T16:08:51.551-07:00Focus on EncinitasAl Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.comBlogger21125tag:blogger.com,1999:blog-1478893953476554083.post-89754413968477781332017-12-02T14:59:00.000-08:002017-12-05T09:49:21.186-08:00Traffic Safety, "calming" and enforcement -- archaic or forward looking<h3 class="post-title entry-title" itemprop="name">
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<a href="http://encinitas.granicus.com/MediaPlayer.php?view_id=7&clip_id=1628">City Council Meeting 11/15/2017</a><br />
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The discussion and vote on the expediting of speed bumps <br />
Item 10E, Video selection on left, Text on Right <br />
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<a href="http://encinitas.granicus.com/MetaViewer.php?view_id=7&clip_id=1628&meta_id=80365"> 9 page agenda report, with background information </a><br />
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Articles by Al Rodbell <br />
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<a href="http://focusonencinitas.blogspot.com/2017/11/traffic-enforcement-as-it-reflects.html">Traffic Enforcement as it reflects the national political divide </a><br />
<h3 class="post-title entry-title" itemprop="name">
<span style="font-weight: normal;"><a href="http://focusonencinitas.blogspot.com/2017/11/speed-bumps-to-proliferate-in-encinitas.html">Speed Bumps to Proliferate in City of Encinitas</a></span></h3>
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Article based on press release in U.T. and Encinitas Advocate</h3>
<h3 class="post-title entry-title" itemprop="name">
<a href="http://www.sandiegouniontribune.com/communities/north-county/sd-no-encinitas-council-20171116-story.html">Encinitas agrees to ease rules regarding speed "cushion" installation</a></h3>
<h3 class="post-title entry-title" itemprop="name">
Both dismiss all serious objections with this closing sentence: "<span style="font-weight: normal;">Typically, he said, the people who live along a newly cushioned roadway
give the bumps high praise, while drivers who live elsewhere and use the
roadways as quick cut-through routes complain." </span></h3>
<h3 class="post-title entry-title" itemprop="name">
<span style="font-weight: normal;">---------------------------</span></h3>
<h3 class="post-title entry-title" itemprop="name">
<span style="font-weight: normal;">My response: </span></h3>
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</span><span style="font-weight: normal;">Nonsense, Those who object to this one sided decision propose seriously evaluating all the complexity of traffic systems to optimize utility and safety of all users. </span> </h3>
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<span style="font-weight: normal;"> </span></h3>
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<span style="font-weight: normal;"> </span>Those interesting in pursuing a different approach to traffic control in Encinitas can contact me by email at alvrdb-10@yahoo.com </h3>
Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-26152064737075142022017-12-02T10:49:00.000-08:002017-12-02T10:49:14.512-08:00Introducton xIntroduction:<br />
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This blog, "Focus on Encinitas" could be on any city in California or the Country.<br />
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Item 10E on agenda list link to <a href="http://encinitas.granicus.com/MediaPlayer.php?view_id=7&clip_id=1628">city hall discussion on speed humps</a><br />
http://encinitas.granicus.com/MediaPlayer.php?view_id=7&clip_id=1628<br />
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Speed Bumps to proliferate in Encinitas<br />
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On Nov. Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-57381155692150247292017-11-30T08:27:00.000-08:002017-12-02T10:47:15.552-08:00Speed Bumps to Proliferate in EncinitasSpeed Bumps to Proliferate in Encinitas<br />
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Let's start with the theory, as defined by the Federal Highway Administration: <br />
<br />
"At a minimum, the coordination of land use and transportation requires
that those concerned with the well-being of a community (or region,
state or nation) assess and evaluate how land use decisions effect the
transportation system and can increase viable options for people to
access opportunities, goods, services, and other resources to improve
the quality of their lives. In turn, the transportation sector should be
aware of the effects the existing and future transportation systems may
have on land use development demand, choices, and patterns."<br />
<br />
This official introduction refers to competing interests: the motorists who wants to have a short comfortable drive and those who cross or play on streets who want the cars to disappear. This explains the attraction of gated communities, where their streets are never used as a conduit for outsiders to drive through. The ideal is to combine both, have the convenience of jumping in your car and expeditiously reaching your destination, yet keeping others out, so the street in front of your house will be quiet and safe.<br />
<br />
Since attendance at local city halls are not a sampling of the entire community, those who regularly attend are a small self selected group who have disproportionate influence on what transpires. This dynamic was on display in the recent passage of a regulation to expedite turning a public street into one that is like a gated community, with anyone who drives through punished by jarring speed bumps on the road, that are euphemistically called, "cushions." <br />
<br />
This is easier to pull off when drivers are vilified, which given that the rare drunk or irresponsible driver can cause great suffering, is pretty easy to do. Here's an example of the process in two headlines on identical articles in the L.A. Times. The first is " <i>L.A. Drivers are killing pedestrians--they need to be stopped</i>." which was the headline on the internet, This is so much more effective than "<i>Slow down L.A. drivers!</i>"
which was the headline for subscribers, which is sort of wimpy and doesn't promise to clearly demarcate good
from evil. .<br />
<br />
Motorized vehicle, bike, pedestrian, children at play-- are orders of vulnerability of those who use public roads. Given the fragility of the human condition, there is no way to absolutely prevent those who are in control of a vehicle from being either drunk, stoned, enraged or diverted - which too often leads to tragedy. As this is written we are looking backward, to what is rather than what will be. Just as the technology revolutions of the 19th century transformed our world, we are on the cusp of a cyber-internet revolution that will transform life in ways unimaginable.<br />
<br />
While cities are busy installing crude impediments to impede focused comfortable driving by the vast majority of responsible drivers, the effort to replace fallible humans with controls for vehicles that never get tired or diverted is gathering steam. It is perfectly reasonable that this system could even someday know in a millisecond that a child is behind those bushes who is about to chase his ball into the street, and while stopping the car, also report this to his mom so he will learn to be more careful.<br />
<br />
I'm personally annoyed that my expectation of use of exiting routes and travel time is being changed without any notice, as not a single individual who represented such drivers was in attendance when this decision to diminish their driving experience voted on.<br />
<br />
I would suggest that with a bit of public outreach, there could be a wider attendance with broader perspectives, if last months decision were to be revisited .<br />
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Both are actual headlines for the exact same article in the L.A.Times,
but the one depicting drivers as murderers was on the open internet
competing for the revenue of increased readership,while the other was
for subscribers of the newspaper, many of whom would resent being
vilified for their driving habits. In the broad scheme of things,
advertising revenue is less important than influencing the yawning
political divide of our country, now moving perilously close to
disastrous consequences.<br />
<br />
One aspect of this growing national schism is in policing, including
traffic law enforced by uniformed officers, whether under the auspices
of a mayor or elected sheriff. Enforcement is backed by lethal weapons
that can be used if an individual driver resists the orders of such
authorities, justified by such laws being determined by the democratic
process. The effect of penalties for traffic infractions vary widely;
for those in the lowest socio-economic strata, possibly resulting in
life changing consequences, a fine that means eviction or inability to
maintain employment. While for those of wealth, the consequences of the
very same infraction are trivial.<br />
<br />
The article in my introduction defined a method of decreasing traffic
fatalities that is in sharp contrast to a regulation just passed
unanimously by the Encinitas city council. That regulation will allow
the proliferation of speed bumps, that within wide statistical
parameters of existing traffic and speed, will be determined exclusively
by the residents in homes abutting the streets. During the recent
half hour discussion at the council four speakers from a single street
presented their case, without any discussion of the adverse consequences
of such a crude method of random degradation of a roadbed. It's as if
the billions spent on creating paved roads that allow the driver to
concentrate on a safe comfortable drive are to be reversed by the
jarring bumps, given the ironic name, "cushions."<br />
<br />
Venues from city hall to the Senate Chambers constitute the web of
democracy that our nation is predicated upon. The nature of national
politics is that power is decided by the mass media, either a rare
charismatic personage such as he who was elected to the presidency, or
those with vast wealth who can dominate the media. Such content has
little similarity to the Federalist papers that argued the merits of our
constitution that still guide this ship of state, which were actually
read carefully and debated by the citizenry of that era.<br />
<br />
What a gift it is that we still have the venues of local government,
where we know personally those who legislate, which makes it more of a
travesty when this institution falters. The failure is not in the
nature of a decision, but when the formulation is based on soundbite
rather than substance. Traffic rules are now the most frequent nexus
between law and citizen, where the process that requires deference to
law enforcement agents should be designed with the greatest care, not by
accepting the stereotype of the malicious automobile driver. <br />
<br />
Traffic stops have become a major front in the cultural-political schism
that is now consuming our country. Our President in his campaign
encouraged police use of force, with the vague spector of enlisting such
sworn officers as extensions of his personal militia. To perpetuate
irrational rules as defined as such by rigorous research, means that
what becomes law is arbitrary, and inconsistent with the actual driving
practice of experienced careful drivers.<br />
<br />
Accepting such laws that are only rarely enforced is giving arbitrary
authority to those who are sworn to serve and protect. This provides
such officers with the legal right to detain any one of those of the
vast majority of careful drivers based on their own discretion, a
temptation for abuse that should never be allowed. The recent
regulation passed for proliferation of speed bumps, has no evidence of
increased safety, as the drivers attention is diverted to avoiding or
mitigating the shock to the vehicle and passengers.<br />
<br />
If ever this was the moment to have an open and extensive discussion it
was for this issue. The simplification of group vilification has no
place in local government, especially where the goal of minimizing harm
to pedestrians is something that is universally held. <br />
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Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-89654435453425222282017-11-28T10:04:00.001-08:002017-12-02T10:43:23.832-08:00Traffic Enforcement as it reflects the national political divide<br />
" <i>L.A. Drivers are killing pedestrians--they need to be stopped</i>." This is so much more effective than "<i>Slow down L.A. drivers!</i>" which is sort of wimpy and doesn't promise to clearly demarcate good from evil. No matter how subtle or convincing the article, first it has to be
read, which requires a headline that stirs some passion.<br />
<br />
Both are actual headlines for the exact same article in the L.A.Times, but the one depicting drivers as murderers was on the open internet competing for the revenue of increased readership,while the other was for subscribers of the newspaper, many of whom would resent being vilified for their driving habits. In the broad scheme of things, advertising revenue is less important than influencing the yawning political divide of our country, now moving perilously close to disastrous consequences.<br />
<br />
One aspect of this growing national schism is in policing, including traffic law enforced by uniformed officers, whether under the auspices of a mayor or elected sheriff. Enforcement is backed by lethal weapons that can be used if an individual driver resists the orders of such authorities, justified by such laws being determined by the democratic process. The effect of penalties for traffic infractions vary widely; for those in the lowest socio-economic strata, possibly resulting in life changing consequences, a fine that means eviction or inability to maintain employment. While for those of wealth, the consequences of the very same infraction are trivial.<br />
<br />
The article in my introduction defined a method of decreasing traffic fatalities that is in sharp contrast to a regulation just passed unanimously by the Encinitas city council. That regulation will allow the proliferation of speed bumps, that within wide statistical parameters of existing traffic and speed, will be determined exclusively by the residents in homes abutting the streets. During the recent half hour discussion at the council four speakers from a single street presented their case, without any discussion of the adverse consequences of such a crude method of random degradation of a roadbed. It's as if the billions spent on creating paved roads that allow the driver to concentrate on a safe comfortable drive are to be reversed by the jarring bumps, given the ironic name, "cushions."<br />
<br />
Venues from city hall to the Senate Chambers constitute the web of democracy that our nation is predicated upon. The nature of national politics is that power is decided by the mass media, either a rare charismatic personage such as he who was elected to the presidency, or those with vast wealth who can dominate the media. Such content has little similarity to the Federalist papers that argued the merits of our constitution that still guide this ship of state, which were actually read carefully and debated by the citizenry of that era.<br />
<br />
What a gift it is that we still have the venues of local government, where we know personally those who legislate, which makes it more of a travesty when this institution falters. The failure is not in the nature of a decision, but when the formulation is based on soundbite rather than substance. Traffic rules are now the most frequent nexus between law and citizen, where the process that requires deference to law enforcement agents should be designed with the greatest care, not by accepting the stereotype of the malicious automobile driver. <br />
<br />
Traffic stops have become a major front in the cultural-political schism that is now consuming our country. Our President in his campaign encouraged police use of force, with the vague spector of enlisting such sworn officers as extensions of his personal militia. To perpetuate irrational rules as defined as such by rigorous research, means that what becomes law is arbitrary, and inconsistent with the actual driving practice of experienced careful drivers.<br />
<br />
Accepting such laws that are only rarely enforced is giving arbitrary authority to those who are sworn to serve and protect. This provides such officers with the legal right to detain any one of those of the vast majority of careful drivers based on their own discretion, a temptation for abuse that should never be allowed. The recent regulation passed for proliferation of speed bumps, has no evidence of increased safety, as the drivers attention is diverted to avoiding or mitigating the shock to the vehicle and passengers.<br />
<br />
If ever this was the moment to have an open and extensive discussion it was for this issue. The simplification of group vilification has no place in local government, especially where the goal of minimizing harm to pedestrians is something that is universally held. <br />
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<br />Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-33808842826759948412014-10-18T17:37:00.002-07:002017-11-30T17:22:58.833-08:00Resigning from Traffic and Public Safety Commission<i><span style="font-size: small;">The following was a presentation I prepared for
oral communications at the council meeting of Oct 18th. I was to be the
first speaker, but as I was waiting the auditorium started to fill up
with dozens of children, some as young as three who were there to have
pictures taken with the Mayor. I could not say the words below, starting
with the probable accidental death of a child, in front of these
toddlers, a few certain to still be in the audience. What I ended up
saying, which was based on this, is on the oral communication drop down
of the<a href="http://encinitas.granicus.com/MediaPlayer.php?view_id=7&clip_id=1062"> meeting video</a>.</span></i><br />
<span style="font-size: small;"><br /></span>
<span style="font-size: small;">One day, a few years, or maybe even a decade from now --
there will be an article in the Coast News about a child killed
walking on the side of a street of our city, one without sidewalks like
LaCosta Ave heading toward the beach. Cars buzz by only feet away, and
probability of human error dictates one is certain to veer just enough.
</span><br />
<span style="font-size: small;"><br /></span>
<span style="font-size: small;">There may be a short clip on the news of the mother
tearfully remembering how she repeatedly asked the city to provide a
sidewalk for her children, recounting her words to the Traffic &
Public Safety Commission, "I'm not asking, I'm begging, do not wait for
a child to die before you fix this." Finally a Commissioner telling
her, "look the city doesn't have it in the budget, so you just have to
be patient." </span><br />
<span style="font-size: small;"><br /></span>
<span style="font-size: small;">Every solution for traffic or Public Safety dangers
depends on availability of funds. Monday, I submitted a proposal to
the Commission to address this. Although, the City Manager
instructed it not be considered, the Commission overruled him, and
allowed it to come to a vote:</span><br />
<span style="font-size: small;"> </span><br />
<span style="font-size: small;">The motion was originally as follows:</span><br />
<br />
<span style="font-size: small;">In
response to new information on the limits of the Pacific View property
for an arts center, and the availability of other city owned locations,
we request a suspension of
proceeding with the purchase until an evaluation of all venues is
undertaken, with all potential savings being dedicated to public
safety. </span><br />
<span style="font-size: small;"><br /></span>
<span style="font-size: small;">Realizing this was too much to ask, I revised the last
part to something much less, -- only asking the council to renegotiate
clauses of the existing purchase contract for Pacific View that both Bob
Bonde, who supports the purchase, and I, happen to agree on. </span><br />
<span style="font-size: small;"><br /></span>
<br />
<span style="font-size: small;">The Chairman asked if was a second to this motion that would urge the council to renegotiate. I glanced over to the two
Commissioners who had previously congratulated me for my supporting a
different location for an art center that would save many millions of
dollars. </span><br />
<span style="font-size: small;"><br /></span>
<span style="font-size: small;">They both remained silent. </span><br />
<span style="font-size: small;"><br /></span>
<span style="font-size: small;">The gavel fell, The motion failed.</span><br />
<span style="font-size: small;"><br /></span>
<span style="font-size: small;">My resignation on Monday was not for lack of a taste for
challenges such as this, as I will sorely miss such interaction.
Rather, It was the realization that this commission, now under the
supervision of the City Manager, will be even less likely to
productively engage its broad public safety mandate. </span><br />
<span style="font-size: small;"><br /></span>
<span style="font-size: small;">I could no longer be a part of a city government that
placed "saving a plot of land" above saving the lives of children ---
who want nothing more than to frolic on the beach. This simply because
existing officials, and I must say other candidates for office, refuse
to seriously engage this subject. </span>Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com4tag:blogger.com,1999:blog-1478893953476554083.post-1753486672386365632014-09-15T08:03:00.000-07:002014-09-15T08:03:07.057-07:00"The Arts" a contrarian viewSeptember 1, 2012 <br />
<br />
This essay could be seen as being
about a controversial issue called "Pacific View" in the small wealthy
southern California city of Encinitas where I happen to live. This is
the name of the 1950s era rusting elementary school on a three acre plot
near the sea shore, that after a ten year battle over arcane laws on
the rights of a city to purchase unused schools property, is now under
contract to be purchased at the current market value of ten million
dollars.<br />
<br />
This article is really a vehicle to look at
meta-issues, those going beyond specific examples to show larger issues,
such as how "Pacific View" ultimately was reduced to the "sound bites/
buzz words" that have come to define all political speech. Expanding
on this, I will explore how several local policies have become
impossible to address by the political (electoral system.) Among these
are one about our "Mayor," who under a new law will have less actual
authority than the other members of the city council, yet this reality
is impossible to convey to an electorate who filters out all but their
visceral understanding of simplistic concepts, IE: Mayor is the chief,
Politicians are bad, Control by the voters is good. These set of
simplistic truisms prevailed in<a href="http://www.smartvoter.org/2012/06/05/ca/cc/meas/M/"> this initiative</a> in another California city over a reasoned argument among 80% of the voters.<br />
<br />
Understanding the dynamics of the new <a href="http://focusonencinitas.blogspot.com/2014/07/blog-article-on-elected-mayor-proposal.html">elected mayor law</a>
requires the voter first suspending the investment he has in such "buzz
word/sound bites" in organizing his world, to explore the actual law
being proposed along with the interpersonal dynamics within the city
council, something that deprives the average voter of a personal
cognitive structure that leaves him vulnerable. <br />
<br />
"Majority
rules" is the simplest explanation of democracy, which because it is
our system we rarely subject to incisive critical analysis. I couldn't
ignore this since my participation in a new city commission that was
given oversight over major life and death issues placed me in a position
where I had to at least try to address these functions of government.
This lead to my considering running for this odd position of mayor as a
sounding board for discussions such as this essay; but I eventually
realized that electoral politics at every level in this country has
become a highly regimented activity often controlled by handlers who are
masters of these operating rules. The major challenge is following
standards that resonate with the increasing "sound bite/buzzword"
voters, so it's not what you say that gets you elected, but what you
don't get caught saying that will lose the election. The covert
recording of Mitt Romney's "47% are takers" presentation illustrates
this, as he suspended the above rules and committed the ultimate
mistake, being candid about his views." Having a political system that
requires its elected officials to obfuscate and dissemble creates a
whole host of problems, that for now I'll just take as a given without
further exploration. <br />
<br />
Purchase of Pacific View was
achieved by a single vote majority of the city council after an
email-based campaign that mobilized about two percent of the voters of
the city. The melodrama created by the sponsor was that of "saving this
land from developers" which was energized, given more legitimacy, by
it's ultimate use being to enhance "the Arts." This concept was
accepted as an all encompassing "good" to such a degree that details of
the center became superfluous, implying that any activity under this
rubric was worth taxpayer support.<br />
<br />
The historic
juxtaposition of hundreds of children only miles away being turned away
from an immigration center, barred from escaping a high risk of death,
did not cause the city authorities to consider how this land could be
used to provide sanctuary for these desperate children. "The Arts" had
become something so internalized as to be exalted, an identifier of
cultural sensitivity that transcended providing succor to these unwashed
masses.<br />
<br />
My two extensive presentation to the city
council first on the impossibility of building a performance space on
this land, and the other of the liabilities of city ownership, were
mentioned, although mis-characterized by the "Save Pacific Beach"
sponsor. The actual two videos, in one case was never was sent to his
mailing list and the other it was to a link that was inactive. All of
the arguments made during public sessions, other than mine, were against
the purchase because the cost wast too high, with no others made
against the principle of municipal ownership of this property. My
attempt to use the deeply flawed "communications/ propaganda" product
Open City Hall to get wider feedback was squelched by the dominating
city manager, even when the request came from the "mayor." <br />
<br />
Political
life in this city, more importantly, in this country, has been reduced
to this. The term political correctness is a part of this dynamic, but
that phrase has taken on a triviality that negates the damage that is
done whenever the unfettered addressing of difficult issues is
stigmatized. To understand the effect of our restriction of acceptable
language, it's useful to look at the other side, how not only is
language stripped of precision by condemning, often to the point of
criminalization, language relating to harsh realities of existence,
there is a promotion of what is defined as "a positive outlook" such as
promotion of the "the arts." Mandated happy-talk is probably a more
pernicious type of social control than censorship. <br />
<br />
What is not discussed is "the arts" has an element that can be understood as a vehicle of <a href="http://en.wikipedia.org/wiki/Conspicuous_consumption">conspicuous consumption </a>Thorstein
Veblen's sociological concept that certainly applies to those whose
accumulation of billions of dollars worth of paintings enhance their
status among the world's elite. To some degree I would suggest that
part of the enthusiasm of those who were so passionate about the arts
can be explained by this dynamic. While they will never own a Manet,
they can be part of the group that admire those that do. <br />
<br />
This
is strong enough, and so unconscious, that those who never entertained
any doubts about the city prioritizing this Pacific View purchase over
helping desperate refugees, never thought about how these funds could
have been used to upgrade dangerous city intersections. This enthusiasm
for this purchase of an arts center allows them to feel a part of the
culture that values, that validates a system where the very wealthiest
purchase the rarest, the finest, the most valued of objet d'art. This
grassroots support was so strong that those who opposed it were accused
by the then mayor of attempting to sabotage this movement, it being so
sublime that those who opposed it deserved to be treated as an alien
force.<br />
<br />
Another major issue that was addressed during my
period of activity in city affairs was the adoption and implementation
of a product sold by Peak Democracy company. I fought it with every
resource at my command, that once again was thwarted by a single vote on
the city council. This article, <a href="http://focusonencinitas.blogspot.com/2014/08/peak-democracy-company-fatal-virus-for.html">Peak Democracy Company, a fatal virus for democracy</a>, goes into the details. <br />
<br />
Among
voters under forty, only a small fraction has ever even taken a high
school level civics course, and for this generation Veblen's
conceptualization, or other theories of government and human dynamics
are simply courses to get over with as soon as possible to get back to
the comfort of a less challenging world. No politician (defined by one
who needs to win a majority of votes) would dare to attempt to transcend
this by insulting his voters by suggesting they need to revise their
way of thinking to judge the merits of policy. Rabid
liberal-conservative politics does allow the illusion of such dialogue,
but that's all it is. On a national level the enemy will always be the
other party, more concentrated if the President is a member. The focus
can be on other objects of condemnation, like developers, or "takers"
or any out-group susceptible of being despised. All it takes is a
critical mass of like minded people to agree on whom to vilify. <br />
<br />
It
looks like the city will purchase Pacific View, which comes complete
with a concept of an arts center even if the restrictions of the
location will prohibit an actual one. It will provide a group
identification so rewarding that no argument against it shall be allowed
to be promulgated to those taxpayers who will be footing the bill. We
will have an election in a few months that will include a choice for
Mayor, who will be seen by the voters as the most powerful person in
city government; and they will feel good that it is the voter who gets
to decide rather than other "politicians." The refugee children who
passed so close to us will probably be sent back home, many to die or to
be forced into tragic lives. <br />
<br />
If you have finished
this article, you should know you are among the very few who have. It
was long, convoluted and took a bit of concentration. Since you've gone
this far, why not leave your comment so we and the other few can start a
conversation.<br />
-----------<br />
Addenda<br />
<br />
From <a href="http://www.nytimes.com/2014/09/11/garden/who-needs-art-theres-plumbing.html?src=xps">this interview</a> with a conceptual artist in the New York Times<br />
<br />
Art is not only physical pollution, it’s intellectual pollution.
Spiritual pollution. I belong to the down-the-drain generation. We were
promised salvation by art. I was a passionate believer, until I realized
it was one of those allegiances, like spiritualism or theosophy. All of
this kind of semi-religious teaching, like Mary Baker Eddy or Madame
Blavatsky. <br />
---------------------------------<br />
<br />
<br />
<br />
<br />
<br />Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-91903137729832282222014-09-08T10:41:00.000-07:002017-11-30T17:24:59.828-08:00Refusal to stand for the Pledge of AllegienceConstitutionality of Encinitas CA Agenda Item<br />
<br />
September 7, 2014 <br />
<br />
"The Law" has a characteristic
of being a gift from a higher power, as perhaps it must to control that
part of humanity rooted in our primate brutal heritage. This perception extends from
the ten commandments given by God, Sharia Law, also from
God-called-Allah as conveyed by his Prophet; to the fundamental law of
this country, created by those now revered founders who created a Constitution
that allowed a compact of independent states to form a nation.. It is
this constitution that both empowers, but also places limits on a
government by the people. The compact was meant, like the ten
commandments, to be eternal -- a bit less so since a super-majority can
decide to change it. <br />
<br />
Therefore this Constitution,
as defined by the Judiciary system, can give an individual on the
lowest ladder of our society the ability to negate the authority of the
most powerful governmental and police agencies when "constitutional law
is on his side." It also allows a single citizen to attempt, ideally by
appealing to the law based body, but ultimately by the judiciary of the
country to negate activity that is unconstitutional. A Constitutional
principle can easily become lost among the deluge of mass media and
partisan politics, becoming all but forgotten by lawmakers and citizens,
yet such principles and the court decisions that define them have no
expiration date, and are good until overruled. <br />
<br />
This
has happened with the Pledge of Allegiance, as the insertion of the
words, "under God" in 1954 has changed the focus of the claims to
unconstitutionality from one part of the first amendment, prohibition of
abridging the freedom of speech, to another, prohibition of any law respecting an establishment of religion. The prior focus, however, still stands. <br />
<br />
The Supreme Court Decision known as <a href="http://www.law.cornell.edu/supremecourt/text/319/624">the Barnette case</a>,
was decided in 1943 during a time that has similarities to what is
happening at this moment, when America was at war with a power very much
like that of ISIL or the Islamic Caliphate. Both this current growing
caliphate of the Islamic world and the Nazi movement shared a genocidal
hatred of those were not of their religio-racial ideology. While this
could have resulted in a resurgence of patriotism in America, one
particular Supreme Court Justice, Robert Jackson, wrote the majority
decision that conveyed why American patriotism is, and must, be
different than those of our enemies. This decision which defines the
unique quality of American patriotism is found in his decision ruling
that the very idea of an official Pledge of Allegiance is an ultimate
affront to our constitution. This is something that I am convinced
applies more urgently today, and certainly is worth any personal
inconvenience to make this point at a public venue.<br />
<br />
Robert Jackson's brilliant final paragraphs, parenthetically by a Justice none other than whom Antonin Scalia<a href="http://blog.sfgate.com/crime/2010/09/21/scalias-surprising-role-model/"> stated here</a> is his most admired, deserves quoting at this time and for posterity:<br />
<br />
<blockquote class="tr_bq">
The
case is made difficult not because the principles of its decision are
obscure, but because the flag involved is our own. Nevertheless, we
apply the limitations of the Constitution with no fear that freedom to
be intellectually and spiritually diverse or even contrary will
disintegrate the social organization. To believe that patriotism will
not flourish if patriotic ceremonies are voluntary and spontaneous,
instead of a compulsory routine, is to make an unflattering estimate of
the appeal of our institutions to free minds. We can have intellectual
individualism and the rich cultural diversities that we owe to
exceptional minds only at the price of occasional eccentricity and
abnormal attitudes. When they are so harmless to others or to the State
as those we deal with here, the price is not too great. But freedom to
differ is not limited to things that do not matter much. That would be a
mere shadow of freedom. The test of its substance is the right to
differ as to things that touch the heart of the existing order.<br />
<br />
If
there is any fixed star in our constitutional constellation, it is that
no official, high or petty, can prescribe what shall be orthodox in
politics, nationalism, religion, or other matters of opinion, or force
citizens to confess by word or act their faith therein. If there are any
circumstances which permit an exception, they do not now occur to us</blockquote>
<br />
Last week in the small Florida city of Winter Garden, a man, Joseph Richardson, who refused to stand for the Pledge of Allegiance was ejected by the local police, <a href="http://www.orlandosentinel.com/news/breaking-news/os-mayor-tosses-man-for-not-standing-for-pledge-of-20140829,0,80941.story">as described and shown on video here</a>,
most likely under authority such as that of ordinances of the city of
Encinitas that is shown in the addenda below. His remaining seated was an expression
of his rejection of reciting of the The Pledge of Allegiance. <br />
<br />
Under
Encinitas local ordinance such expression of rejection of this pledge
would allow a mayor to continue the chain of actions that ended with
the exiting of the Florida dissenter, leading to arrest and criminal
prosecution for a misdemeanor. This threat based on this city's law,
even in the absence of implementation, constitutes compelling of
speech, legally any expressive action including silence, that the Barnette decision
explicitly invalidates as being unconstitutional. <br />
<br />
It
is at this time, when the systematic mass slaughter of innocents in
Iraq and Syria has the potential of involving the United State of
America in a major war, that the principles articulated in this 1943
decision, must be given new life. The difference between American
patriotism and that of the two genocidal regimes, one burgeoning today,
the other defeated seven decades ago, must be brought back to our
nation's consciousness. <br />
<br />
The words of Justice Robert
Jackson, supported by five of his fellow Justices, were never more
important than now. It is an obligation for those so convinced to seek
out examples of their abrogation, even when only in principle, and
confront them for the world to see how central this is to this country.
If the United States of America is exceptional, it is not because of
our wealth or prowess, and certainly not for the effectiveness of our
political system; but rather for this rare core principle of
individual freedom that fosters a functional government based on a unique
patriotism, that because of its fragility must still be protected in
this day as it was in his.<br />
<br />
The single
dissenting opinion of Barnette, longer than the decision and
concurrences, is by another of the great justices, Felix Frankfurter. His dissent is often a footnote attributed to his opening words reflecting being a Jew when America was
fighting a war against an enemy specifically of his co-religionists. "One who belongs to the most vilified and persecuted minority in history
is not likely to be insensible to the freedoms guaranteed by our
Constitution. Were my purely personal attitude relevant, I should
wholeheartedly associate myself with the general libertarian views in
the Court's opinion, representing, as they do, the thought and <a href="https://www.blogger.com/null" name="pg_647"></a> action of a lifetime"<br />
<br />
It
is worth exploring how this dissent cogently expresses the ethos of
Judicial restraint now most espoused by Justice Antonin Scalia, ironically in opposing the decision written by the Justice most respected by this current "conservative."
Frankfurter's dissent reflects the conflict between expanded interpretation of constitutional principles in contrast to his preferred deference to legislatures,, the
more direct representation of the popular
majority. The following are quotes from this dissent:<br />
<br />
<blockquote class="tr_bq">
And surely only flippancy could be responsible for the suggestion that
constitutional validity of a requirement to salute our flag implies
equal validity of a requirement to salute a dictator. The significance
of a symbol lies in what it represents. To reject the swastika does not
imply rejection of the Cross. And so it bears repetition to say that
it mocks reason and denies our whole history to find in the allowance of
a requirement to salute our flag on fitting occasions the seeds of
sanction for obeisance to a leader. To deny the power to employ
educational symbols is to say that the state's educational system may
not stimulate the imagination because this may lead to unwise
stimulation. </blockquote>
<br />
The following quote of
Frankfurter is directly on point, and raises the possibility that in the
instant challenge I am making, even he may reconsider his opposition to
the majority decision of Barnette:<br />
<br />
<blockquote class="tr_bq">
...... It is not even remotely suggested that the
requirement for saluting the flag involves the slightest restriction
against the fullest opportunity on the part both of the children and of
their parents to disavow, as publicly as they choose to do so, the
meaning that others attach to the gesture of salute. All channels of
affirmative free expression are open to both children and parents. Had
we before us any act of the state putting the slightest curbs upon such
free expression, I should not lag behind any member of this Court in
striking down such an invasion of the right to freedom of thought and
freedom of speech protected by the Constitution.</blockquote>
-----------<br />
We
have in the instant case in Florida the action an official threatening arrest
of a citizen who was exercising the very freedom of the symbolic speech
of remaining seated described above. Based on the ordinance of the city
of Encinitas, where the Pledge is an official agenda item, such
expression of rejection could be construed as being out of order, and provide a mayor the
authority to initiate a chain of demands resulting in arrest. It is for
this reason, that is responsive to Frankfurter's dissent, that I make
this current challenge.<br />
<br />
The following annotated segment version is also from Frankfurters dissent, the last few sentences are unchanged and the first part has references to specific cases removed. It is from this paragraph close to the end that begins "That is the safe two-fold rule; nor is......" I feature it because it conveys the intellectual zeitgeist of his era,
when the deluge of messages, sensations, emotional laden simplistic sound bites of our internet age was a minute fraction of what we all now experience. <br />
<br />
<blockquote class="tr_bq">
..... the correction of
legislative "mistakes" (IE voiding W.V law requiring children to recite the pledge, or overruling Obamacare) comes from the outside, and the people thus lose
the political experience, and the moral education and stimulus that come
from fighting the question out in the ordinary way, and correcting
their own errors. If the decisions ( lists several cases where the court did not overrule arguably harmful legislation ), had been different, and the legislation there in
question, thought by many to be unconstitutional and by many more to be
ill-advised, had been set aside, we should have been saved some trouble
and some harm. <i> </i><br />
<br />
<i>But I venture to think that the good which came to the
country and its people from the vigorous thinking that had to be done in
the political debates that followed, from the infiltration through
every part of the population of sound ideas and sentiments, from the
rousing into activity of opposite elements, the enlargement of ideas,
the strengthening of moral fibre, and the growth of political experience
that came out of it all -- that all this (productive public discourse) far more than outweighed any
evil which ever flowed from the refusal of the court to interfere with
the work of the legislature.</i></blockquote>
<br />
The most profound point that I personally can offer, is that what Justice Frankfurter describes in italics is a relic of his era, and no longer exists outside of a few seminars in legal history at the most select law schools. Gone are discussions in the public arena -- "rousing into activity, the enlargement of ideas, and growth of political experience." These intellectual activities have been debased into focus group defined de-intellectualized sound bites that will determine our choice of representatives in the halls of political power. <br />
<br />
Jackson's decision was predicated on a realistic, if pessimistic, view of reality. The previous Gobitas decision only two years earlier that required Jehovah's witnesses to recite the pledge, unleashed violence described in <a href="http://www.bostonglobe.com/metro/obituaries/2014/09/07/lillian-gobitas-klose-stood-against-mandatory-pledge-allegiance/w29FKkKPoDsyU95xYgijjK/story.html">this obituary</a> just this week of the defendant, as: <br />
<br />
<blockquote class="tr_bq">
The ruling sparked attacks on 1,488 Witnesses in 44 states, the American Civil Liberties Union reported. In West Virginia, Witnesses were forced to swallow large amounts of
castor oil. In Wyoming, they were tarred and feathered; in Nebraska,
they were castrated. In Maine, a mob of 2,500 burned down a local
Witness place of worship, known as a Kingdom Hall.</blockquote>
<br />
<br />
Frankfurter's promise of prompting of independent thoughtful analysis (as idealized in italics above,) in compelled recitation of the Pledge seems out of touch, to say the least. Robert Jackson, who ironically was the least formally educated of any Supreme Court Justice in our history, understood the reality rather than the imagined idealized public, now ever so much further from this ideal-- of Frankfurter, who lived his life at the academic heights. <br />
<br />
Jackson knew, from his farmer parents and his unschooled friends, how fragile was independent thought, how inaccessible it was to those without access to the seminars of Harvard. He knew how easily squashed were idea that seemed to be opposed to a patriotic jingoism that could be more oppressive than any brown shirted military force. He also understood how such simple decent people could be led astray, as the world was about to face the horrible consequences of Frankfurter's misplaced optimism.<br />
<br />
Ironically only two years after his Barnette decision Robert Jackson was to prosecute the leaders of Nazi Germany over the bar of Nuremberg. Each of those Nazi leaders imposed litmus tests on all of their people with dissent having dire consequences. The result was a universality of common thought, easily directed towards a frenzied thirst for indulging in "the patriotic gore" that must be isolated from the contamination of independent thought.<br />
<br />
Frankfurters dissent, and its assumptions, is as important as Jackson's
decision in understanding our country, human nature, and the challenges
of the rule law over the ages. My wish is that my meager efforts can
help to advance the ideals of both men, and that we transcend the
debasement of political discourse of our day in addressing this issue
of official recitation of the pledge. <br />
<br />
-----------------------------------------------------------------------------------------------------------------<br />
<br />
Addenda:<br />
<br />
Municipal Code City of Encinitas<br />
2.20.060 Orderly Conduct<br />
<br />
A:
Any person who fails to comply with a direction given by the presiding
officer for the purpose of maintaining order at a City Council Meeting
shall be guilty of a misdemeanor.
<br />
<br />
B: All persons shall comply with the meeting
procedures announced by resolution of the City Council and no person
shall interfere with or interrupt a City Council Meeting.
<br />
<br />
C: The presiding officer may designate a member of the
County Sheriff's Department as Sergeant at Arms who shall carry out the
directions of the presiding officer.<br />
<br />
----------<br />
<a href="http://www.orlandosentinel.com/news/breaking-news/os-mayor-tosses-man-for-not-standing-for-pledge-of-20140829,0,80941.story">Report and Video</a>
of individual who was ejected from an official local government meeting
in Wiinter Garden FL for refusing to stand for the Pledge of
Allegiance.<br />
----------<br />
A week later the city of Winter Garden revised their regulations on prayer, which will be a moment of silence, and The Pledge of Allegiance, <a href="http://www.myfoxorlando.com/story/26462387/winter-garden-commission-adopts-new-policy-for-prayer-pledge"> described in this article</a>. It is now clearly optional by ordinance, which as of this writing is not the case in the city of Encinitas.<br />
----------<br />
As
this story was breaking in Florida, and this article being written, the
women who fomented the precursor to the 1943 Barnette case, the
Jehovah's Witness child with the last name of her case, "Gobitas" who
was in 1941 was ordered to say the pledge or be expelled, passed away. <a href="http://www.bostonglobe.com/metro/obituaries/2014/09/07/lillian-gobitas-klose-stood-against-mandatory-pledge-allegiance/w29FKkKPoDsyU95xYgijjK/story.html">Her obituary here</a> describes the violence against those who continued to refuse to say the pledge. <br />
<br />
----------<br />
A personal description of the outcome of the joint meeting of the Encinitas City Council and the Traffic and Public Safety Commission, with video, described above is available <a href="http://www.dailykos.com/story/2014/09/09/1328349/-Let-us-now-SIT-for-the-Pledge-of-Allegiance?showAll=yes">in this essay</a><br />
----------<br />
<br />
Background material<br />
<br />
This insightful 1<a href="http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1534&context=mulr">994 law review articl</a>e
looks at how reputations of Supreme Court justices are formed. Robert
Jackson's serving as U.S. Prosecutor of the Nuremberg Trials for a year
was seen as detracting his legal reputation, while Felix Frankfurter
being a Harvard Law professor and member of FDR's administration
enhanced his aura. <br />
<br />
<br />
<br />Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-50055123886029585082014-09-04T14:54:00.001-07:002014-09-04T14:54:40.468-07:00 Traffic and Public Safety Commission joint meeting agenda item<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_71010">
Elected officials, Staff and members of the Traffic and Public Safety Commission</div>
<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_71010">
Ballour Senior Center, 9/8/2014 6PM</div>
<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_71012">
<br class="yiv4158876952" /></div>
<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_71014" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.3333px; font-style: normal;">
Here
is my proposed agenda, (along with my own views) that I believe would
provide a functional top down structure with this being the threshold
item: </div>
<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_70965" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.3333px; font-style: normal;">
<span class="yiv4158876952" style="font-weight: bold;"><br class="yiv4158876952" /></span></div>
<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_70969" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.3333px; font-style: normal;">
<span class="yiv4158876952" style="font-weight: bold;">Discuss and select a definition of the role of T&PSC</span> - this would ultimately be a decision of the City Council Members</div>
<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_70971" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.3333px; font-style: normal;">
<br class="yiv4158876952" /></div>
<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_70973" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.3333px; font-style: normal;">
This
is a binary decision, meaning considering whether it will continue as
an advisory committee, which gets few applicants; or it will become
something much more. If it remains as is, very little has to be changed
in the ordinance and agenda items such as just submitted by Mr. Blough
and Chair Kohl would be appropriate.
There are only a few residents who desire to be on such a commission
with existing authority that will be sufficient to continue to fill
vacancies. </div>
<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_71006" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.3333px; font-style: normal;">
<br class="yiv4158876952" /></div>
<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_71008" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.3333px; font-style: normal;">
If
it is to be more, its output would have to be presumptive rather than
advisory, which is how our Planning Commission now operates. This would
then require a majority of the council to negate rather than to affirm
the work of this commission. This would make it similar to a legislative
sub-committees which either have oversight responsibilities of agencies
or formulate new laws. If this is the choice, the city will have
created a completely different entity from the previous commission
which will require more resources, along with time expenditure with
personal concomitant satisfactions to Commissioners. The resources
would require access to legal expertise, along with the sessions being
videoed, and even possibly the authority of the chairperson to take
sworn testimony of witnesses. The chair of this Commission would then
be one having personal authority, something like the city's current
planning commission, and as such he/she should be nominated by the Mayor
and confirmed by the city council. Appropriateness of financial
remuneration for chair and members is an open question. </div>
<div class="yiv4158876952" id="yui_3_16_0_1_1409754672794_71016" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.3333px; font-style: normal;">
<br class="yiv4158876952" /></div>
Given
the amount of effort at every level, from the
research at the conceptualization stage, to interactions with other
governmental entities of different or parallel levels, there must be
coordination with the city council from inception -- whether the target
result is a local ordinance or a formation of a cooperative venture with
adjacent cities. Under this expanded presumptive definition I see
opportunities for creatively addressing an array of unfolding issues. <br class="yiv4158876952" /><br class="yiv4158876952" />As
one of two individuals who joined after the Traffic Commission was
expanded I've proposed several projects that I will link below as
examples of the type of projects I envision can be addressed by a
presumptive Traffic and Public Safety Commission.<br class="yiv4158876952" />-----------<br class="yiv4158876952" />This
was a proposal for the last meeting that was suspended pending this
joint meeting, it combines traffic and public safety issues. <br class="yiv4158876952" /><br class="yiv4158876952" /><a class="yiv4158876952" href="http://archive.ci.encinitas.ca.us/weblink8/0/doc/718354/Page1.aspx" rel="nofollow" target="_blank">http://archive.ci.encinitas.ca.us/weblink8/0/doc/718354/Page1.aspx</a><br class="yiv4158876952" /><br class="yiv4158876952" />------------<br class="yiv4158876952" /><br class="yiv4158876952" />This
article for the July Meeting gave the rationale and legality of local
ordinances being formulated even when being addressed by laws at higher
levels. <br class="yiv4158876952" /><br class="yiv4158876952" /><a class="yiv4158876952" href="http://focusonencinitas.blogspot.com/2014/06/reach-being-larger-than-grasp-when-and.html" rel="nofollow" target="_blank">http://focusonencinitas.blogspot.com/2014/06/reach-being-larger-than-grasp-when-and.html</a><br class="yiv4158876952" /><br class="yiv4158876952" />------------<br />This
essay, after discussing my failed attempt to define a broader
interpretation of this Commission includes the stucture of a similar
commission of Castle Rock CO, where I had a long discussion with an
official on how they dealt with combining
the Fire and EMS services. <br /><br class="yiv4158876952" /><a class="yiv4158876952" href="http://focusonencinitas.blogspot.com/2014/06/a-third-of-year-evaluation-of-public.html" id="yui_3_16_0_1_1409754672794_71028" rel="nofollow" target="_blank">http://focusonencinitas.blogspot.com/2014/06/a-third-of-year-evaluation-of-public.html</a><br class="yiv4158876952" /><br class="yiv4158876952" />------------<br class="yiv4158876952" />Revised current ordinance: <br /><br class="yiv4158876952" /><i class="yiv4158876952" id="yui_3_16_0_1_1409754672794_71026">2.40.040 Duties of the Traffic and Public Safety Commission.</i><br class="yiv4158876952" />
<i class="yiv4158876952"><br class="yiv4158876952" /></i>
<i class="yiv4158876952" id="yui_3_16_0_1_1409754672794_71024">A. It is the duty of this commission to serve as a liaison between
the public and the City Council, and to conduct analyses and provide
recommendations to the Council on matters related to the circulation of
motorized vehicles, pedestrians, and bicycles, and on matters related to
public safety.</i><br class="yiv4158876952" />
<i class="yiv4158876952"><br class="yiv4158876952" /></i>
<i class="yiv4158876952" id="yui_3_16_0_1_1409754672794_71022"> The scope of the commission’s role with respect to public safety
includes but is not limited to traffic safety, emergency response for
fire, medical and other crises, as well as the City’s efforts to control
and reduce criminal activities of all types. The commission may conduct
informational and educational meetings, prepare reports and analyses,
and work with fire, marine safety,ambulance, and sheriff personnel.</i>Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-17774232277131300622014-08-27T10:53:00.001-07:002014-09-01T19:18:28.290-07:00Folowup of Oral statement at city coucil 8/27/14 August 27, 2014 <br />
<br />
<br />
My involvement in city affairs, beginning with my joining the Traffic commission only to find out it had been expanded in number and in concept, to cover emergencies and police use of forcce is something for my own reasons I took very seriously. This involved me in the city council, as my second meeting of the Commission was a dramatic showdown contesting the authority of the City Manager over stalling the evaluation of restructuring our Fire Fighting- EMS functions, a life and death issue that had been avoided for fifteen years- and still appears to be in this state of limbo.<br />
<br />
Here's the background of <a href="http://youtu.be/kKn89ZEobFg">this video</a> (advance to 3:20) of a presentation at our city council <br />
<br />
When someone like myself who values his understanding of details and is careful to be precise when discussing issues, is accused of saying something false in a public setting such as city hall, I'm deeply offended, and can't help getting angry at those who perpetrated this. When the wagons that have circled in defending the distortion of the contracts with the Pacific View legal bond counsel include all of city hall, and the law firm itself, discretion would dictate that I simply back away. <br />
<br />
Nevertheless, I'll provide this paper "<a href="http://focusonencinitas.blogspot.com/2014/07/first-email-to-best-best-and-krieger.html">The Meaning of Contingent in a Public Contract</a>" that presents my events including the links to documens,and city council dialogue that include the actual contract whose nature is being contested, Each person should check the references provided, and should read it to evaluate what it means, as the larger issue at stake here is that contracts should be understandable by those literate citizens who are bound by them. <br />
<br />
While the above article relates to a rather clear case of a false description of a city contract, the following article is on Peak Democracy, that's also known as "Open Town
Hall" and "E-Town Hall. The title displays my own personal point of
view that I'm sharing with this audience: <a href="http://focusonencinitas.blogspot.com/2014/08/peak-democracy-company-fatal-virus-for.html">Peak Democracy Company, a virus for democracy.</a>
Whatever happens about my continued involvement with city government, I
will continue to push to expose the danger of this company's products no matter what my official involvement in the city's government.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-91792601058583762042014-08-20T10:50:00.000-07:002014-09-20T14:54:28.852-07:00References for Vehicular noise ordinance for Encinitas Work sheet for consideration of vehicular noise ordinance for Encinitas <br />
<br />
<a href="http://classiccarclubmanhattan.kinja.com/2014-jaguar-f-type-v8-s-illegally-loud-1475065604">Article and video</a> on 2015 Jaguar Sports that comes equipped with a special "sport sound" noise enhancer that was measured at close to 100db. With this feature, disturbing damaging, and physically harmful noise will become a feature for the conspicuous consumption set. <br />
<br />
Link to Journal article: <a href="http://www.medscape.com/viewarticle/554566_3">Noise Pollution: A Modern Plague</a><br />
http://www.medscape.com/viewarticle/554566_3<br />
<br />
"Uninterrupted sleep is known to be a prerequisite for good physiologic and mental functioning in healthy individuals.<sup><a href="https://www.blogger.com/null">[28]</a></sup> Environmental noise is one of the major causes of disturbed sleep.<sup><a href="https://www.blogger.com/null">[1,10]</a></sup>
When sleep disruption becomes chronic, the results are mood changes,
decrements in performance, and other long-term effects on health and
well-being.<sup><a href="https://www.blogger.com/null">[3]</a></sup>
Much recent research has focused on noise from aircraft, roadways, and
trains. It is known, for example, that continuous noise in excess of 30
dB disturbs sleep. For intermittent noise, the probability of being
awakened increases with the number of noise events per night.<sup><a href="https://www.blogger.com/null">[1]"</a></sup><br />
<br />
<a href="http://www.medscape.com/viewarticle/820529">This article</a> is a survey of the myriad harmful effects of interrupted or fractured sleep<br />
http://www.medscape.com/viewarticle/820529 <br />
-----------<br />
<a href="http://www.cga.ct.gov/2003/olrdata/tra/rpt/2003-r-0676.htm"><br /></a>
<a href="http://www.cga.ct.gov/2003/olrdata/tra/rpt/2003-r-0676.htm">Vehicle noise regulation</a>, a detailed introduction from Conn. on legal and physical issues, <br />
<br />
<a href="http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=27001-28000&file=27200-27207">California vehicle noise cod</a>e, 27200 et seq,<br />
Note clause 27202-1 (3) that excludes state preemption that may allow city ordinance to be enforcable. <br />
<br />
<a href="http://www.motorcyclecruiser.com/loud-pipes-cost-harley-davidson-tries-to-quiet-motorcycle-noise">Loud Pipes' Cost: Harley-Davidson Tries to Quiet Motorcycle Noise</a><br />
<br />
<a href="http://www.stangnet.com/mustang-forums/threads/muffler-sound-comparison-by-5-0-magazine-question.626178/">This is a list</a> of noise of various automobile Mufflers listed by Decibels at idle and full throttle of over 110 DB<br />
<br />
<a href="http://www.city-data.com/forum/automotive/1898336-wary-when-complaining-loud-motorcycle-exhausts-2.html">Extensive public forum</a> on "loud motorcycles, laws against and push back by bikers. " Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-65392325678210457152014-08-13T13:11:00.000-07:002014-08-31T17:15:29.139-07:00Integrity or poliitcal expediency- Priciples and Case Study<h3 class="post-title entry-title" itemprop="name">
<span style="font-weight: normal;"><span style="font-size: small;">Those who read this complete story from <a href="http://www.theleucadiablog.com/2011_06_01_archive.html">Leucadia Blog </a>archives of 6/2011 (about half way down to read comments) will be taken back to a proposed California legislation, Chelsea Law, that had all but universal support. It tells of one member of the Encinitas city council, maybe the only person in elected political life, Maggie Houlihan, who had the courage to oppose it. </span></span></h3>
<h3 class="post-title entry-title" itemprop="name">
<span style="font-weight: normal;"><span style="font-size: small;">Another member of that council,</span></span> <span style="font-weight: normal;"><span style="font-size: small;">Teresa Barth, made a different choice, that must have haunted her, as she felt the need to publicly proclaim her reasons years later that is described below. Lack of political integrity is pernicious, as while avoiding the immediate pain of public condemnation; the individual knows what he or she has done, and that she has become un-moored to her own principle, becoming adrift in the ebb and flow of public sentiment. </span></span></h3>
<h3 class="post-title entry-title" itemprop="name">
<span style="font-weight: normal;"><span style="font-size: small;">Here's the story from my article in the Leucadia blog :</span></span> </h3>
<h3 class="post-title entry-title" itemprop="name">
<a href="http://www.theleucadiablog.com/2011/06/encinitas-skirmish-in-war-on-sex.html">Encinitas Skirmish in The War on Sex Offenders</a></h3>
<h3 class="post-title entry-title" itemprop="name">
</h3>
<div class="post-header">
</div>
There are two distinct bodies of literature on sexual offender law. The
most important is that from the mass media, for example the "San Diego
Union Tribune," that printed close to a thousand articles cheering on
Chelsea's Law. Columnists vied with each other to most floridly express
their loathing for the perpetrator of the crime, while praising this
law and it's sponsor, Assemblyman Nathan Fletcher. There was so little
space given for serious analysis, that the rare articles that made it to
print died of isolation. This includes a single editorial that
demanded elimination of excessive residence restrictions. It was
ignored in the legislation and never mentioned again in the newspaper.<br />
<br />
The other body of writing is from academic sources, the disciplines of
anthropology, sociology, psychology and law that underlie the field of
criminology. These research based, often cross cultural studies
describe the political processes of creating this body of law, along
with evaluation of their effectiveness. Such literature, examples of
which I have referenced in my personal blog article linked below, are
little read by the public, and have almost no effect on policy. I will
not be writing here about this this body of research. <br />
<br />
Readers of this blog are intensely interested in the small city of
Encinitas California, and follow its council members like the general
public follows Members of Congress,. So, this blog article will start
with one event, a five minute segment of a city council debate over
sending a letter of endorsement for Chelsea's Law. It's best to watch
the video linked below and we can continue right afterwards. (for those
who can't access it, or if you want the short synopsis in my recent
article in Coast News along with additional references, it's here on my
own blog <a href="http://alrodbell.blogspot.com/">AlRodbell.blogspot.com</a>.)
I'll continue with this excerpt from that article. In a break from a
major focus of Lucadia Blog, this is not written to criticize or
praise any of the members of the Council, but to illustrate a process of
creating legislation in this area which transcends local politics.<br />
<br />
----------<br />
<br />
From <a href="http://thecoastnews.com/view/full_story/13542424/article-COMMUNITY-COMMENTARY--Rethinking-California%E2%80%99s-philosophy-on-criminals?instance=coast_secondary_stories_left_column">The Coast News</a>:<br />
<br />
The political dynamics were clearly illustrated on May 26, 2010 when the City of Encinitas Council was asked to vote on endorsing a letter supporting the law. (video gone but description below is burned into my memory) <br />
<br />
The law provides for up to life imprisonment for aggravated first
offenses, at a cost estimated to reach over a hundred million dollars a
year. As with the truism that prevention is more effective than
incarceration, the belief that early inappropriate sexual activity is
predictive of later violent crimes is equally uncertain. But by the time
the issue came to the Encinitas Council this law was on steamroller,
and sending the letter of support to the legislature seemed assured.<br />
<br />
One member of the council, Maggie Houlihan, suggested that while she,
like everyone else, abhors sexual violence this law should be considered
in the context of other social needs. She suggested a modification of
the letter of endorsement that would have noted the need for this larger
perspective.<br />
<br />
Councilman Jerome Stocks dismissed this vehemently, saying, "I don't
want to hear about potential problems, let the legislature find the
money." Maggie wasn't intimidated. After a sharp interaction,
acknowledging that her vote against unconditional support of the bill
would draw constituent's anger, she concluded with, "This is a much
larger problem of our penal system."<br />
<br />
The vote to send the letter was only opposed by Maggie, with the other
three members who were clearly ambivalent not willing to go on record
against it. Several months later at an election forum at Cardiff, I
brought this up in front of the large audience. Candidate Dan Dalager
(under siege for alleged corruption), whom I confronted for passively
voting for this resolution, didn't defend his vote, but pointed out that
three other members did the same thing.<br />
<br />
Then, Teresa Barth, who was also on the ballot for the council, stood up
and made a statement that explains much about the political process in
our country at all levels. She said, "I didn't want to vote to send that
letter. But, if I had voted against it, every candidate's mailer would
have blasted me for not supporting Chelsea's Law, that I was soft on
child sexual predators."<br />
<br />
Maggie Houlihan may well have been the only elected official in California to publicly question Chelsea's Law.<br />
<br />
----------------<br />
<br />
I ended my Coast News essay with this:<br />
<br />
The law was promoted, and accepted as being targeted for "the worst of
the worst" the irredeemable sociopaths such as Chelsea King's killer
John Gardner. Actually, the first person who was prosecuted under this
law was<a href="http://www.10news.com/video/25134849/index.html"> Joseph Cantorna</a>,
a fifty five year old brain damaged man whose offense was
inappropriately touching two boys whom he believed to be his grandsons.
After the expense of pre-trial incarceration and preparing a prosecution
under this law, it took the Judge five minutes to throw the case
against this obviously incompetent person out of court.<br />
<br />
I have written <a href="http://consilienceforum.blogspot.com/2011/06/interview-with-first-person-tried-under.html">this synopsis of</a> the half hour jail house <a href="http://www.10news.com/video/25134849/index.html">interview with Cantorna</a>,
a man who still wants to play doctor with the little girls and boys. He
doesn't want to do any harm, yet has a temper that explodes when he
doesn't get his way. We, as a society, unlike others in other times,
have decided to accept him, acknowledging his severe mental deficiency
that precludes the development of sexual constraints that shape what we
describe as acceptable behavior. Yet, when he is caught doing something
rather minor, that is for his five year old mental-emotional age; with
Chelsea's law, we have chosen not to segregate him from others in a
protective place, but rather put him in a prison with hardened
predatory felons to live out his life.<br />
<br />
While I have a pretty good idea what is wrong with this system, getting
it right is more of a challenge. And that's where I'll leave it; hoping
to get some insights from others who may read this.<br />
<br />
<span style="font-style: italic;">Al Rodbell</span><br />
<span style="font-style: italic;">Encinitas Resident and frequent </span><a href="http://www.dailykos.com/blog/arodb" style="font-style: italic;">contributor to DailyKos.</a>Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-61099587188246516852014-08-10T07:24:00.001-07:002014-08-27T08:23:55.111-07:00Public Safety Commission to be defined at Joint meeting of City Council <br />
There will be a joint meeting with this commission and the council held at the Balour Community center, Monday Sept. 8 at 6PM , <a href="http://encinitasca.gov/index.aspx?page=101">agenda and details soon</a> to be posted, to work out the question I describe below. So, I only spoke briefly about the broad issue at the August eeting, and now send the below message to the city council. It was a fascinating meeting, as it touched on what should be done when what had been a rural feeder street is built out, and crossing becomes a serious danger. Unfortunately, while I did record the meeting it was not videoed, so the sincere words of dozens of people can not be shared with the public. This is one of the things that should be remediated. <br />
<br />
<br />
8/10/14 <br />
<br />
Public Safety usually refers to functions of government that are defined by uniformed services with special police powers. The ordinance that added this to the Traffic commission described them as relating to: <span id="yui_3_16_0_1_1407677957188_6979">
"emergency response for fire, medical and other crises, as well as the city's
efforts to control and reduce criminal activities of all types"</span><br />
<br />
<span id="yui_3_16_0_1_1407677957188_6979">I've been on the Traffic and Public Safety Commission since it was expanded from being the Traffic Commission early this year, and as such have been the point man my attempt to embrace the new mandate. This has been met with less than enthusiasm by those who were comfortable with the more limited responsibilities of a Traffic Commission. </span><br />
<br />
<br />
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28446 yui_3_16_0_1_1407677957188_6791" id="yui_3_16_0_1_1407677957188_6990" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
to:
Encinitas City Council, Commission Members, Active
citizens</div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28447 yui_3_16_0_1_1407677957188_6792" id="yui_3_16_0_1_1407677957188_6977" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<br clear="none" /></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28448 yui_3_16_0_1_1407677957188_6793" id="yui_3_16_0_1_1407677957188_6969" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<span id="yui_3_16_0_1_1407677957188_6968">T<a href="http://archive.ci.encinitas.ca.us/weblink8/0/doc/718354/Page1.aspx" id="yui_3_16_0_1_1407677957188_6992" rel="nofollow" shape="rect" target="_blank">his description</a> is of my initiated
item that will be on the agenda for the Traffic and Public Safety Commission
meeting for August 11. (now for joint meeting of Sept. 8) While including specific issues it is intended to be a discussion of the the wording and mandate of the expanded
commission</span><span id="yui_3_16_0_1_1407677957188_6970">. It would be useful if this meeting was
attended, with participation by, members of the city council, especially Ms.
Shaffer and Mr. Kranz who provided this terminology that is included in the
ordinance. (this attendance would be acceptable, per the booklet 7B-170 PP 13, Guide to
Ralph M. Brown Act) </span></div>
<div id="yui_3_16_0_1_1407677957188_6976">
<br clear="none" /></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28449 yui_3_16_0_1_1407677957188_6794" id="yui_3_16_0_1_1407677957188_6975" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<span id="yui_3_16_0_1_1407677957188_6974">The
ambiguity is in city code 2.40.040:</span></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28450 yui_3_16_0_1_1407677957188_6795" id="yui_3_16_0_1_1407677957188_6973" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<br clear="none" /></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28451 yui_3_16_0_1_1407677957188_6796" id="yui_3_16_0_1_1407677957188_6972" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<span id="yui_3_16_0_1_1407677957188_6971">That
first paragraph states that "the commission shall study and report to the
Council upon any matter referred to it by the council" yet also in the
next paragraph states the commission shall be a "liaison" between the the public
and the council- meaning an intermediary implying in both
directions. This would indicate that the action of the commission is not
limited to council directed issues. We also include Commissioner Initiated Agenda Items, in the city code. </span></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28452 yui_3_16_0_1_1407677957188_6797" id="yui_3_16_0_1_1407677957188_6978" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<br clear="none" /></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28453 yui_3_16_0_1_1407677957188_6798" id="yui_3_16_0_1_1407677957188_6980" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<span id="yui_3_16_0_1_1407677957188_6979">Unlike
other commissions such as arts, recreation or senior services, the subject
matter inherently addresses the most crucial and controversial of government
activities. This committee is charged with dealing with : "traffic safety,
emergency response for fire, medical and other crises, as well as the city's
efforts to control and reduce criminal activities of all types"
</span></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28454 yui_3_16_0_1_1407677957188_6799" id="yui_3_16_0_1_1407677957188_6981" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<br clear="none" /></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28455 yui_3_16_0_1_1407677957188_6800" id="yui_3_16_0_1_1407677957188_6983" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<span id="yui_3_16_0_1_1407677957188_6982">These
are life and death issues that a city certainly should deal with proactively,
and have a civic entity such as this committee that oversees, as well as works
with, the agencies so described. Those in the council who wrote this
mandate may want to ascertain how it is interpreted and whether it meets the
underlying goal. To fully research new laws or enforcement regimens in the
areas described in the ordinance will require more than the casual effort of
other commissions that deal with less vital services. </span><span id="yui_3_16_0_1_1407677957188_6982">My personal view is that this
function, where the end product will be ordinances and procedures for
the uniformed services, it would require greater resources
and authority.</span></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28456 yui_3_16_0_1_1407677957188_6801" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<br clear="none" /></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28457 yui_3_16_0_1_1407677957188_6802" id="yui_3_16_0_1_1407677957188_6997" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<span id="yui_3_16_0_1_1407677957188_6996">If
the ordinance is to be more than empty words, this will take a
consequential commitment of time by commissioners, and the authority
and compensation should be commensurate with this effort, somewhat similar to
that of the Planning Commission. Since these resources were not provided to the
current membership, the applicants were few; and may not desire, or be
otherwise appropriate for, achieving the
ordinance's goals. </span></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28458 yui_3_16_0_1_1407677957188_6803" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<br clear="none" /></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28459 yui_3_16_0_1_1407677957188_6804" id="yui_3_16_0_1_1407677957188_6999" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<span id="yui_3_16_0_1_1407677957188_6998">There
should be a procedure for coordination with the council on major projects, so
that the work product is not evaluated only after the effort is
expended. I would suggest a fast track for a preliminary approval of going
forward to address a subject before details are defined by the commission.
</span></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28460 yui_3_16_0_1_1407677957188_6805" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<br clear="none" /></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28461 yui_3_16_0_1_1407677957188_6806" id="yui_3_16_0_1_1407677957188_7009" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<span id="yui_3_16_0_1_1407677957188_7008">There
has now been some experience with the expanded commission to allow the council
to evaluate whether the current structure is functioning as they anticipate, or
whether clarification or revision is appropriate. </span></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28462 yui_3_16_0_1_1407677957188_6807" id="yui_3_16_0_1_1407677957188_7007" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<br clear="none" /></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28463 yui_3_16_0_1_1407677957188_6808" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
Al
Rodbell<br />
<br />
Below are representative issues that could be addressed by a truly empowered citizen public safety commission. <br />
<br />
The first if Robert Bonde's (now in his late 80s) proposal to merge the fire and EMS services of our city. It has shuttled between the T&PS commission and the city council earlier this year after fifteen years of his attempting to have this addressed, and now is in some state of political limbo, with his opponents counting on the the human life span to work in their favor for never addressing this issue that could save lives and taxpayer's money.</div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28464 yui_3_16_0_1_1407677957188_6809" id="yui_3_16_0_1_1407677957188_7006" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
</div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28465 yui_3_16_0_1_1407677957188_6810" id="yui_3_16_0_1_1407677957188_7005" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
<br /></div>
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28466 yui_3_16_0_1_1407677957188_6811" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
</div>
<span id="yui_3_16_0_1_1407677957188_7003">Here's
the <a href="http://focusonencinitas.blogspot.com/2012/12/work-sheet-for-consideration-of.html" rel="nofollow" shape="rect" target="_blank">live </a>link for the second page that is
about traffic noise attenuation, which would require substantive change,
including possible joint effort with adjacent police agencies to combat late
night street racing and "rolling thunder" type motorcycle groups. </span><br />
<span id="yui_3_16_0_1_1407677957188_7003"><br clear="none" /></span>
<br />
<span id="yui_3_16_0_1_1407677957188_7003"><a href="http://www.latimes.com/local/la-me-0810-lopez-heart-20140810-column.html">This article</a> in today's LA Times, demonstrates how lives can be saved by facilitating CPR using a smartphone app, but that it would take state legislation to provide liability protection, a "good samaritin law" that exists in other states and should be in ours. This also illustrates as city public safety must include promoting action at other levels of government. </span>
<br />
<div class="yiv5624242362yui_3_16_0_1_1407607909073_28467 yui_3_16_0_1_1407677957188_6812" id="yui_3_16_0_1_1407677957188_7002" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13px; font-style: normal;">
</div>
Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-76299409174267840342014-07-15T08:22:00.005-07:002014-07-15T13:57:08.763-07:00Pacific View- resposible evaluation while moving forward on purchase Pacific View- council meeting 7/ 16 on suitability contingency <br />
<br />
This meeting will make the contract of sale of this property binding. I had an exchange of emails with council member Tony Kranz, that I am copying here: (ignore the variation of type face and size)<br />
<br />
The conversation was initiated by this email I sent on Monday July 14 <br />
<br />
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1405274141308_42869">
City Officials</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_8">
<br /></div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_10" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.33px; font-style: normal;">
As of the time of this email, the 700 plus page document of the above is
not linked to the Agenda. Other such links are active so the defect or
removal I conclude is by the city. I did get to start to study the
report on Friday when it was released and noticed
it did not have an executive summary or a contents page, which makes it
impossible to evaluate even if it were now available.
</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_15" style="background-color: transparent; color: black; font-size: 13.33px; font-style: normal;">
<br /></div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_34" style="background-color: transparent; color: black; font-size: 13.33px; font-style: normal;">
I request a response to several questions:</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_34" style="background-color: transparent; color: black; font-size: 13.33px; font-style: normal;">
</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_34" style="background-color: transparent; color: black; font-size: 13.33px; font-style: normal;">
While the studies appeared to be for generic improvements, please
indicate specific analyses that were performed for underground parking
of various levels, with geologic findings and cost estimates. Such
parking would be required if any sizable performance
space were to be part of the arts center. Also describe any traffic
and parking studies that were done concomitant to this issue, described
further in next paragraph.<br />
</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_34" style="background-color: transparent; color: black; font-size: 13.33px; font-style: normal;">
</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_43" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.33px; font-style: normal;">
Every property in Southern California has a wide array of limitations of
usage that are defined by history codified into law. Discovery of
religious artifacts of indigenous peoples is one that could preclude a
wide array of improvements The consensus that
enjoyment of the beach is a common right of the people has been
codified by state law that is enforced by the California Coastal
Commission. This is reflected by the principle and requirement that no
facility that substantively detracts from available near
beachfront parking would be permitted.<br />
</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_43" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.33px; font-style: normal;">
</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_43" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.33px; font-style: normal;">
From my earlier reading, limited by the lack of a contents page or
index, there is no evidence that your due diligence investigation
evaluated the above. Thus ignoring the clause in the sales contract (4.1.b)
that allowed for our abrogation if the land was not "suitable
for our use."</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1405274141308_44293" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.33px; font-style: normal;">
<br /></div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_75" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.33px; font-style: normal;">
<span class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1401250324552_15960" style="font-size: 13px; font-style: italic;"><span class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1401250324552_15962">.....but is not limited to, a
</span></span></div>
<div class="yiv3397524083" dir="ltr" id="yiv3397524083yui_3_16_0_1_1401250324552_15964" style="font-family: sans-serif;">
<span class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1401250324552_15963" style="font-size: 13px; font-style: italic;"><span class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1401250324552_15965">Phase I Environmental Site Assessment, Geo-technical
reconnaissance, </span></span></div>
<div class="yiv3397524083" dir="ltr" id="yiv3397524083yui_3_16_0_1_1401250324552_15967" style="font-family: sans-serif;">
<span class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1401250324552_15966" style="font-size: x-small; font-style: italic;"><span class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1401250324552_15968">Hydrology Study,
<b class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1405274141308_44292">
a</b><span class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1405274141308_43917" style="font-weight: bold;">nd/or other inspections or studies deemed necessary</span></span></span> </div>
<div class="yiv3397524083" dir="ltr" id="yiv3397524083yui_3_16_0_1_1401250324552_15967" style="font-family: sans-serif;">
by
Buyer for determining the condition and suitability of the Property.</div>
<br />
<span class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1401250324552_15971" style="font-size: 13px;"><span class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1401250324552_15970"><span class="yiv3397524083" id="yiv3397524083yui_3_16_0_1_1401250324552_15969">Suitability"
of the property implies suitable for a given specified use, as every
property is inherently suitable for something; so without specificity of
use the clause is meaningless.
</span></span></span>
<br />
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_54" style="background-color: transparent; color: black; font-size: 13.33px; font-style: normal;">
<br /></div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_56" style="background-color: transparent; color: black; font-size: 13.33px; font-style: normal;">
Unless the following elements that limit or preclude use are included in
the above document, and identified specifically with location, (section
and page number), I will propose the following to the council at the
meeting of 7/16.</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_61" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.33px; font-style: normal;">
<br /></div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_63" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.33px; font-style: normal;">
A: This due diligence document is not approved.</div>
<div class="yiv3397524083" id="yiv3397524083yui_3_16_0_11_1405274141308_68" style="background-color: transparent; color: black; font-size: 13.33px; font-style: normal;">
B: The issues raised above be investigated before July 28th when relevant clause expires per exiting contract of sale</div>
C: <b> If these investigations, along with cost estimates for selected
structures are not completed for a special meeting to be evaluated
before this clause expires, then the city lawyer be instructed to either
receive a 60 day extension of above clause 4.1.b or
abrogate said contract. </b><br />
<br />
Al Rodbell<br />
Tony wrote back, offering to provide a copy of the 700+ page document to me, which I responded with my detailed suggestions:<br />
<br />
<div id="yui_3_16_0_1_1405367175844_92520">
<span id="yui_3_16_0_1_1405367175844_92519">Dear Tony,</span></div>
<div id="yui_3_16_0_1_1405367175844_92517" style="color: black; font-size: 13.33px;">
<br /></div>
<div id="yui_3_16_0_1_1405367175844_92515" style="color: black; font-size: 13.33px;">
<span id="yui_3_16_0_1_1405367175844_92514">I
appreciate your offer, however, my central point is that if there is
the evaluation of the elements that I describe, let's call it legal
limitation rather than geologic due diligence, it is not appropriate
that an involved resident has to search through each of a 700 page
report. There should be a contents, executive summary or index. The
person who wrote this document could give you an answer to my query
immediately, since he knows what's included. </span></div>
<div id="yui_3_16_0_1_1405367175844_92425" style="color: black; font-size: 13.33px;">
<br /></div>
<div id="yui_3_16_0_1_1405367175844_92433" style="color: black; font-size: 13.33px;">
<span id="yui_3_16_0_1_1405367175844_92432">If,
as I believe, the elements that I described were not considered, then
the taxpayers are taking a risk that this property may not be suitable,
even if done in the future, for any contemplated improvements. This is
not an attempt to "sabotage" but to exert pressure on the elected
officials to do what any public or private entity would do in a purchase
such as this. </span></div>
<div style="color: black; font-size: 13.33px;">
<br /></div>
<div id="yui_3_16_0_1_1405367175844_92524" style="color: black; font-size: 13.33px;">
<i><span id="yui_3_16_0_1_1405367175844_92523">As
far as your position that there is no need to delay acquisition, an
extension of the single clause would not have to result in such a delay.
I would prefer that we push the closing back the two months, so if we
do discover something like the underground pool of water that the
speaker before me on the May 28th meeting referred to (seeing it as an
asset!) then we would realize that we could not reasonably have the
multi level underground parking that a performance space would require.
Under such an unexpected discovery I trust even a fair minded enthusiast
would realize that this property's value is sharply lowered. </span></i></div>
<div id="yui_3_16_0_1_1405367175844_92526" style="color: black; font-size: 13.33px;">
<br /></div>
<div id="yui_3_16_0_1_1405367175844_92529" style="color: black; font-size: 13.33px;">
<span id="yui_3_16_0_1_1405367175844_92528">On
the other hand with some investigation of traffic and parking
constraints we may find out that the concern that I have is over stated.
This could be done by research of Coastal Commission decisions on
other similar proposals. Such research would not be definitive but it
would reduce uncertainty, and we can determine pretty well how much of a
limit to future development this represents. At the very least, the
city Manager should be clearly instructed, not a vague suggestion that
he can sidestep, but instructed to research and report on this within
ten days. This may require advance instructions or a meeting of council
at this time to evaluate such a "legal limitation due diligence
report."</span><br />
<span id="yui_3_16_0_1_1405367175844_92528"> </span></div>
<div style="color: black; font-size: 13.33px;">
Our
city manager is shameless in pulling the wool over the eyes of elected
officials. He never told you when you had doubts about Peak Democracy
that the years contract could have been canceled at any time at will,
and we could have suspended payment while doing further investigation,
and then afterwards if members wanted to go forward the contract could
have been re- instituted. We were not obligated for a year, which was the
mis<i>-</i>impression he allowed to exist. </div>
<div style="color: black; font-size: 13.33px;">
<br /></div>
<div style="color: black; font-size: 13.33px;">
Let's
move ahead on this purchase if
this is the decision of the majority of our elected city officials;
but we can do this responsibly, which is the purpose of my
suggestions. </div>
<div style="color: black; font-size: 13.33px;">
<br /></div>
<div style="color: black; font-size: 13.33px;">
I appreciate your responding, and hope that you follow through. </div>
<div style="color: black; font-size: 13.33px;">
<br /></div>
<div style="color: black; font-size: 13.33px;">
Regards</div>
<br />
<br />
AlAl Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-77204772178674294412014-07-09T09:24:00.000-07:002014-07-13T23:57:27.467-07:00 Open town hall meeting on Pacific View purchase July 9, 2014<br />
<br />
The city of Encinitas signed a purchase contract after the May 28th council meeting that has a 60 day contingency period for due diligence, which means the systematic evaluation a major purchase. While buying this property has been discussed for years, up until the last few months it was always going to be under a special State law that would have allowed a sharply discounted price for abandoned schools such as this, which would have made it a classic "no brainer."<br />
<br />
But since it was determined that this would not apply, the city ended up buying this at market value, calculated on it being used in the most lucrative configuration, a mix of residences and offices that very likely would have included a public amenity component. The purchase price of 10 million dollars is just the beginning of the city's expense, as there will be design costs, infrastructure and building construction and then legal challenges at the Coastal Commission level that may refuse any use that impacts traffic and parking availability for beach use. The operating cost of this purchase, including lost tax revenue for a mixed private and public use, which is precluded by the contract of sale, would be well over a million a year, how much over never having been calculated by the city.<br />
<br />
The city council has purchased and just launched an internet utility called "Open Town Hall" that promises to rectify the distortion of public input that drove this expenditure of limited tax generated resources. While these taxes will be paid by every resident of the city, only about 600 people were part of a concerted campaign to purchase this property -- at any cost without any specification of what would be done with it -- under the banner of "Save Pacific View." The company that sold us the "Open Town Hall" utility promoted its allowing those who do not attend council meetings and send emails to council members to have a voice in city affairs. While I have many objections to policies of this company, what it claims to do is important, allowing the city to send out a survey that will reach sizable proportion of Encinitas residents to get their views of this purchase, one that still could be canceled or re-negotiated to allow the city complete discretion of use which they have now relinquished. <br />
<br />
The survey should have an introduction that conveys the two sides, one by the organizer of "save pacific" beach Scott Chatworth, and the other that incorporates my opposing viewpoint, expressed in the following essays: <a href="http://focusonencinitas.blogspot.com/2014/06/saving-pacific-view-morality-play.html">This one</a> on the process, and <a href="http://alrodbell.blogspot.com/2014/07/pacific-view-purchase-means-no-arts_5.html">this one</a> presenting the case for the alternate city owned site. Both points of view being fairly presented in the text of the survey will also be a litmus test of the the Open Town Hall product. <br />
<br />
The survey questions should include:<br />
<br />
Community location (Leucadia, New Encinitas etc)<br />
Activity with "Save Pacific View" (allow all answers) <br />
On mailing list<br />
Sent email to city council of support<br />
Sent email to city council in opposition<br />
Attended city council meeting<br />
5 point scale of approval of purchase based on existing contract (with link to details and council discussion)<br />
5 point scale of approval of whether the existing city owned property at Encinitas Ranch Town Center should be used for an Arts Center, as a substitute for the Pacific View site.<br />
A list of specific uses (performance space, galleries etc) that are supported by those in favor of purchase of property.<br />
Open comment field <br />
<br />
The staff person who is the contact with the "Open Town Hall" company has been advised of this suggestion by that company, indicating such a survey is consistent with their goals and functionality.<br />
<br />
It's only a matter of whether the city council truly desires such widespread input on major issues. <br />
------------<br />
City Hall refused to run this, so I made up my own survey that you can take <a href="http://focusonencinitas.blogspot.com/2014/07/survey-on-extending-contingency-period.html">at this link</a><br />
<br />
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<br />Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-40178268630491391872014-07-03T11:40:00.000-07:002014-07-12T09:35:54.883-07:00Saving Pacific View- A Morality PlayJune 17, 2014 - updated July 12<br />
<br />
<i>Addendum for those doing the survey: <a href="http://focusonencinitas.blogspot.com/2014/07/links-to-peak-democracy-companys-open.html">This is to links</a> of Peak Democracy's Open Town Hall critiques. The following is my argument against going forward with the current contract to purchase this property. Contact me at alvrdb.brt, for specific questions and further details</i><br />
<br />
Reason rarely has a chance against group emotion, as it feels good to be part of a movement for something that everyone agrees is to be desired, such as "supporting the arts" or from a different realm, "spreading democracy." The two realms have been conflated just a bit when the creator of the "Save Pacific View" movement posted on one of his emails that there is still a chance of someone "sabotaging" the goal. That was a strong word, drawing from hatred of the "enemy," defined in this case as someone making the case such as I'm doing in this article.<br />
<br />
I happen to believe that it's when a movement has gathered group momentum that its exactly the time to interject reason into the mix. Reason implies presenting propositions, not to be embraced, but to be evaluated; first checked for veracity of the facts, and then to be considered fairly looking at all possible outcomes. In other words, exactly like the political culture is in our country--as the kids used to say for emphasis....NOT! We no longer work that way in our democracy, as spelled out in the recent report by the Pew Research Foundation on political polarization in America. <br />
<br />
Just as the time before the invasion of Iraq in 2003 to spread democracy to the middle east, very few of either party had the courage to challenge the premise, to state that rather than democracy we could unleash chaos once the established order was upended. Oh, this was discussed in think tanks with no media coverage, but few in public life other than old Senator Robert Byrd were willing to stand and publicly state the obvious.<br />
<br />
Now in a tiny microcosm of this dynamic, we are about to "Save Pacific View" something I put in quotes as it was part of a brilliant campaign by the organizer Scott Chatfield that began with the name, which implies salvation rather than transformation of the site which would have raised the question of "to what?" When we are asked to save something, or someone, we don't ask what will happen latter; we pull out all stops to keep it from dying, or in this case a fate worse than death which would be turned over to "developers." These are the bad guys, even if like in other cities they create developments that provide public spaces that are more secure and widely used than those of surrounding public parks. <br />
<br />
We happen to have such a park that does provide for enjoyment of grassy landscape and even running natural water called, "cottonwood creek" which is maybe a half mile away. And for gazing at the ocean, which will not be possible from Pacific View, it can be at an area overlooking the coast about a five minute stroll away, from which you can even walk right down to the beach. And just as the unspoken dark side of our Iraq invasion, (O.K., "liberation" if you like,) finally has come to pass at this very moment in time, so too city ownership of Pacific View could be a millstone around the neck of a future Encinitas.<br />
<br />
This article "<a href="http://www.nrpa.org/blog/taboo-topic--homeless-in-the-park/">Taboo Subject: Homeless in the Park</a>" from the journal of the National Recreation and Park Association dares bring this subject into the light. Although now there is only a small chance that this will occur, it should not completely be ignored: Will this space with a large open parklike area increase the probability of thrusting Encinitas into the most searing issue of our times, the vast difference between those with the least living among those of us lucky enough to reside here? Will there still be funds to build a homeless residence for those who may flock to this city once we are known as "friendly" to the indigent, or will we be be included in the category of "mean cities," those who by various methods, legal or otherwise, keep such people away.<br />
<br />
Right now we are not engaging in any dialogue on actual palpable choices when we own this land. We have identified the good guys, "lovers of the arts," and the bad guys, other than myself probably a majority of residents who don't follow local issues at all. Somehow included in the contract that was signed last month we still have about forty days (until July 28) to identify actual, rather than ethereal, uses of this three acre parcel, and first decide whether it's even possible. Any sizable performance space, the most common suggested use, will probably be ruled out based on the authority of the Coastal Commission to reject any structure that will decrease availability of parking for beach goers. <br />
<br />
There is a parcel (Link to Video Below) that is available to us at Encinitas Town Center, Leucadia and El Camino Real, that including available public parking has as much useful area as Pacific View. Rather than a cost for the the land of ten million dollars this is owned by the city, and actually could legally realize the ideal of performance spaces along with teaching facilities. This would be both a benefit for this broad area called New Encinitas which would be in closer proximity to more moderate priced housing for undiscovered artistic talent.<br />
<br />
Our city has a long list of approved unfunded capital projects, some designed to prevent pedestrian and driver casualties, others with different benefits. Yet, in the course of a few months, this purchase was elevated to the front of the list, with plenty of generated emotion and impassioned emails from perhaps one percent of the citizens of this city. <br />
<br />
While at times analysis can lead to paralysis, as stated by one member of the council who will no longer be there when we close on this property next year; usually analysis is valuable. It would have been useful when a handful of people in Washington were fomenting public thirst for a war that now, a decade later, is unleashing the homicidal rage of a billion people in that part of the world. And on an infinitely smaller scale, this deserves the appropriate analysis of real choices and consequences that is still possible in the five weeks left to actually consider all aspects of this purchase.<br />
<br />
<a href="https://www.youtube.com/watch?v=vYzj1xzGpdw&feature=youtu.be">Video of Performance parcel at Encinitas Town Center</a><br />
<br />
Article on details of <a href="http://focusonencinitas.blogspot.com/2014/06/evaluation-of-pacific-view-purchase-of.html">pacific view sales contract</a> with link to council discussion <br />
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<a href="http://en.wikipedia.org/wiki/The_Blitz#cite_note-Richards_1954.2C_p._217.-5"></a>
<a href="http://en.wikipedia.org/wiki/The_Blitz#cite_note-Richards_1954.2C_p._217.-5"></a>Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-79368392187200951582014-06-25T09:27:00.000-07:002014-07-12T09:28:09.651-07:00Links to Peak Democracy Company's "Open Town Hall" Evaluative Articles<span id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26042">*<a href="http://alrodbell.blogspot.com/2014/03/direct-democracy-as-illusion.html">Direct Democracy as illusion</a>, my article that explores this premise as applied to this issue. </span><br />
<br />
<span id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26042">Home town Berkeley paper describes <a href="http://www.berkeleydailyplanet.com/issue/2011-02-16/article/37342?headline=Manufacturing-Consent-in-Berkeley--By-Becky-O-Malley">devious activities of Peak Democracy company</a>,
and its founders--- you can skip the local details to get to the
principle of selective reporting of their surveys to reach the results
they, or their sponsors desire. </span><br />
<br />
<span id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26042"><a href="http://alrodbell.blogspot.com/2014/04/peak-democracy-contract-update-from.html">Email Conversation</a>
( in article April update) with unnamed city council member who
followed up on some questions raised here. It includes focused
questions to the city manager on the economic value of the D.P.
contract, and the larger issues of governance. </span><br />
<br />
<span id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26042"><a href="http://thisiscommonsense.com/tag/peak-democracy/">Link to Column </a>that accuses Peak Democracy of being dedicated to helping city government ignore the wishes of the public.</span><br />
<br />
<span id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26042"><a href="http://www.dissentmagazine.org/article/politics-fatal-therapeutic-turn">Link to Article</a>
by Zelda Bronstein in Dissent Magazine that describes the formation of
P.D., along with an intensive analysis of the deep harm of trying to
transform the inherently emotionally stressful participation in local
government into- as it's President describes, something to "delight and
thrill" </span><br />
<span id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26042"> </span>
<br />
<div class="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26067" id="yiv2503420372yui_3_13_0_ym1_15_1394333675726_59" style="background-color: transparent; color: black; font-size: 18.6667px; font-style: normal;">
<span id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26042"><a href="http://www.utsandiego.com/news/2014/Mar/07/tp-encinitas-to-allow-public-comments-on-city-site/?#article-copy" rel="nofollow" target="_blank">UT article</a> on the city's adoption of this service. </span></div>
<div class="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26067" id="yiv2503420372yui_3_13_0_ym1_15_1394333675726_59" style="background-color: transparent; color: black; font-size: 18.6667px; font-style: normal;">
<span id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26042"><br id="yiv2503420372yui_3_13_0_ym1_15_1394333675726_77" /></span></div>
<div class="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26067 yiv2503420372yui_3_13_0_ym1_1_1394488106636_3610 yiv2503420372yui_3_13_0_ym1_1_1394542450387_2473 yiv2503420372yui_3_13_0_ym1_1_1394546435172_2434 yiv2503420372yui_3_13_0_ym1_1_1394557989732_7877 yui_3_13_0_ym1_1_1394557989732_12003" id="yiv2503420372yui_3_13_0_ym1_15_1394333675726_73" style="background-color: transparent; color: black; font-family: times new roman, new york, times, serif; font-size: 18.6667px; font-style: normal;">
<span id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26042">Peak Democracy </span><a href="http://www.opentownhall.com/tos" id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_27334" rel="nofollow" target="_blank">Terms of Service</a></div>
<div id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_26069">
<span id="yiv2503420372yui_3_13_0_ym1_15_1394333675726_79">required to
be accepted by citizens to use this system. I was told personally by
the City attorney that this would be replaced by one dictated by the
city. Subsequent communication by Mr. Cohen to a member of the council,
did not indicate any such global revision was anticipated by his
company. </span></div>
<div class="yiv2503420372yui_3_13_0_ym1_1_1394488106636_3611 yiv2503420372yui_3_13_0_ym1_1_1394542450387_2474 yiv2503420372yui_3_13_0_ym1_1_1394546435172_2435 yiv2503420372yui_3_13_0_ym1_1_1394557989732_7878 yui_3_13_0_ym1_1_1394557989732_12004" id="yiv2503420372yui_3_13_0_ym1_15_1394333675726_88" style="background-color: transparent; color: black; font-family: times new roman, new york, times, serif; font-size: 18.6667px; font-style: normal;">
<br />
<span id="yiv2503420372yui_3_13_0_ym1_15_1394333675726_79"></span></div>
<div class="yiv2503420372yui_3_13_0_ym1_1_1394488106636_3612 yiv2503420372yui_3_13_0_ym1_1_1394542450387_2475 yiv2503420372yui_3_13_0_ym1_1_1394546435172_2436 yiv2503420372yui_3_13_0_ym1_1_1394557989732_7879 yui_3_13_0_ym1_1_1394557989732_12005" id="yiv2503420372yui_3_13_0_ym1_15_1394333675726_91" style="background-color: transparent; color: black; font-family: times new roman, new york, times, serif; font-size: 18.6667px; font-style: normal;">
<span id="yiv2503420372yui_3_13_0_ym1_15_1394333675726_79">Special
notice should be given to this item from the terms of service which
confirms the "60 minutes" story that exposes these practices:</span></div>
<div id="yiv2503420372yui_3_13_0_ym1_1_1394333675726_27444">
</div>
<div id="yiv2503420372yui_3_13_0_ym1_15_1394333675726_107">
13.1.Some of the Services may be supported by
advertising revenue and may display advertisements and promotions.
These advertisements may be targeted to the content of information
stored on the Services, queries made through the Services or other
information. </div>
13.2.The manner, mode and extent of advertising
by PD on the Services are subject to change without specific notice
to you.<br />
<br />
<a href="http://www.nytimes.com/2014/04/08/technology/the-spy-in-the-soda-machine.html?hp&_r=0">Hackers Lurking in Vents and Soda Machines</a>-
N.Y Times article that describes how anything short of paranoia over
these dangers is unrealistic. Assuming that no harm will come with new
internet based connections is gross irresponsibility. <br />
<br />
<a href="http://takingnote.blogs.nytimes.com/2014/03/13/imagine-if-companies-had-to-ask-before-using-your-data/?_php=true&_type=blogs&module=BlogPost-ReadMore&version=Blog%20Main&action=Click&contentCollection=Opinion&pgtype=Blogs&region=Body&_r=0#more-16457">Article</a>
describing the European Parliament advancing legislation to prevent
Internet unapproved commercial use of private information. This would
negate several of the TOS clauses of Peak Democracy--for them, not us. <br />
<br />
<a href="http://encinitas.granicus.com/MediaPlayer.php?view_id=7&clip_id=959">Full Meeting Video</a> (first 2hr. 40 min.) of presentation and discussion on March 5 of this issue <br />
<br />Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-6335620700701246172014-06-24T09:35:00.000-07:002014-06-25T15:51:11.519-07:00Remote Control Hovering Craft-Public Safety Issue6/23/14<br />
<br />
Remote Control Hovering Craft- <br />
<br />
This latest segment of 60 Minutes, "<a href="http://www.cbsnews.com/videos/drones-over-america-2/">Drones Over America</a>" was a survey of this burgeoning technology, beginning with it's
functional usages for visual evaluation of everything from farm land to
disaster areas, some as small as hummingbirds to the most common portable four
rotor models. It closed with an interview with Senator Diane Feinstein
discussing why this technology must be regulated to prevent abuses of
privacy among other dangers. <br />
<br />
The 60 Minutes episode, in my opinion, was subtly biased by cheer leading this technology, discounting the negative potential, the most common being loss of privacy. It ignored one major issue, which is that while these devices
are now being used by the FBI to a limited degree, they could also be used in the
pursuance of criminal activities; this could be from casing property
associated with burglary, to direct use by terrorists. I am familiar with the aborted attack described in this <a href="http://www.nytimes.com/2011/09/29/us/massachusetts-man-accused-of-plotting-to-bomb-washington.html?module=Search&mabReward=relbias%3Ar">N.Y. Times story</a> as my own research led to the correction at the end of the article.<br />
<br />
While terrorism and assigning limits that protect airplane space is an
issue for the FAA to deal with in its regulations that are in
development, the everyday less tragic issues of these devices, now available at the
price of a toy (see link to personal experience below), specifically breach of privacy is worthy of discussion.
An analogue to this as a city issue is something
called "airsoft" repeating rifles, mostly used by teens or in more
elaborate war game settings. One problem is the name, which implies
that the projectiles are harmless, which they are not if hit in the
face.<br />
<br />
This is an example of how different regulations
are appropriate for different communities. There is no county or state
law against the use of these implements (whether seen as guns or toys)
However <a href="http://archive.ci.encinitas.ca.us/WebLink8/DocView.aspx?id=653824">Encinitas Code 9.30.010</a>
specifically makes discharge of such air guns an infraction. I
referred to this code when children in my area, many without eye
protection were firing thousand of rounds of these hard plastic
pellets. All it took was one visit from a deputy who explained the law,
for them to decide to engage in another sport--and have a lifetime
story to tell of their outlaw adventure!<br />
<br />
While the uses of
toy drones with video capabilities would mostly be harmless fun, these
are unlike other legal encroachment of privacy- refuting the
evaluation of the professor in the 60 minutes segment. They actually
allow the user far more capacity than the use of high powered binoculars to
reach vantage points never evaluated by regulation or common law. When
we choose where we shall live, privacy is an asset that enhances
value- more important for some than others. We do not allow a stranger
to put a ladder on our yard and climb to the top to get a good picture,
yet these devices allow this to be achieved by remote control with no prohibition under
current law.<br />
<br />
I would suggest addressing this is appropriate for this
level of government, and specifically that this expanded Traffic and Public Safety commission should act as an
initial hearing venue to gauge the local public's views. Other
municipalities have done this, and passed restrictive laws with exceptions for any superseding federal law.<br />
<br />
I have included this survey for feedback, there is an option to provide name and email, but it's not required.<br />
<div id="surveyMonkeyInfo"><div><script src="http://www.surveymonkey.com/jsEmbed.aspx?sm=_2fLR7pFpY8UGqcGF2EERITw_3d_3d"> </script></div>Create your free online surveys with <a href="https://www.surveymonkey.com">SurveyMonkey</a> , the world's leading questionnaire tool.</div>
--------------<br />
Addenda:<br />
<br />
M<a href="https://www.youtube.com/watch?v=ovEE1KLrCNU">y own short video</a>
of my interaction at the San Diego County fair at a booth that
demonstrates what could be the most common use of these low end versions
of this technology.<br />
<br />
<a href="http://www.latimes.com/local/lanow/la-me-ln-drones-police-south-bay-20140623-story.html">LA Times article</a> that describes how this technology can hinder as well as aid law enforcement.
</div>
Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-59502640536079841772014-06-13T20:48:00.000-07:002014-06-24T12:32:59.841-07:00Evaluation of Pacific View Purchase of Sale<div class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15791">
<br />
<i>The following was emailed to the members of the City Council prior to the meeting when this was being discussed. None of the suggested changes were proposed by any member although several council members confirmed that unless a low rate of interest were obtained for the financing bond we could cancel or renegotiate price. My understanding of the city's broad right of cancellation if we are not satisfied with clause 4.1 b, suitability for use, was confirmed by the city attorney. However the City Manager indicated no intent to broaden his due diligence to ascertain suitability for a specific use. </i><br />
<br />
<div class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15791">
May 28, 2014<br />
</div>
Encinitas City Council and residents</div>
<div class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15691">
<br class="yiv5430864957" /></div>
<div class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15792" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.3333px; font-style: normal;">
It's
time to take a deep breath before we dive into this one. If we
proceed, some changes in the <a href="http://savepacificview.org/wp-content/uploads/2014/05/2014-05-28_Item_10B_-_Consideration_of_Pacific_View_Purchase_Agreement">proposed contract</a> should be made. These
two related elements must be addressed in concert. The first is the
action plan on this purchase proposed by the City Manager:</div>
<div class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15987" style="background-color: transparent; color: black; font-family: verdana, helvetica, sans-serif; font-size: 13.3333px; font-style: normal;">
<br class="yiv5430864957" /></div>
<ul class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15948">
<li class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15955"><span class="yiv5430864957" style="font-family: Verdana, Arial, Helvetica, sans-serif; font-size: small;">Point One: Complete the purchase of the property</span></li>
<span style="font-size: small;">
</span>
<li class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15951"><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15950" style="font-family: Verdana, Arial, Helvetica, sans-serif; font-size: small;">Point Two: Property clean up and evaluation of structures</span></li>
<span style="font-size: small;">
</span>
<li class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15949"><span class="yiv5430864957" style="font-family: Verdana, Arial, Helvetica, sans-serif; font-size: small;">Point Three: Identify interim uses</span></li>
<span style="font-size: small;">
</span>
<li class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15947"><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15946" style="font-family: Verdana, Arial, Helvetica, sans-serif; font-size: small;">Point Four: Develop Public Outreach for Visioning/Conceptual ideas</span></li>
</ul>
<div class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15945" style="background-color: transparent; color: black; font-family: Verdana,Arial,Helvetica,sans-serif; font-style: normal;">
<span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15944" style="font-size: small;">This ignores the most relevant clause in the Purchase agreement, which is clause 4.1</span><span class="yiv5430864957" style="font-size: small;">(b): </span></div>
<div class="yiv5430864957" dir="ltr" id="yui_3_16_0_1_1401250324552_15953" style="font-family: sans-serif;">
<span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15952" style="font-size: small; font-style: italic;"><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15986">Buyer’s</span><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15954"> acceptance of the condition of the Property, within sixty days (</span><span class="yiv5430864957">60</span><span class="yiv5430864957">) </span></span></div>
<div class="yiv5430864957" dir="ltr" id="yui_3_16_0_1_1401250324552_15961" style="font-family: sans-serif;">
<span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15960" style="font-size: small; font-style: italic;"><span class="yiv5430864957"> days of the effective date of this Agreem</span><span class="yiv5430864957">ent, subsequent to
Buyer’s</span><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15962"><br class="yiv5430864957" />physical inspection of the Property which may, but is not limited to, a </span></span></div>
<div class="yiv5430864957" dir="ltr" id="yui_3_16_0_1_1401250324552_15964" style="font-family: sans-serif;">
<span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15963" style="font-size: small; font-style: italic;"><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15965"> Phase I Environmental Site Assessment, Geo-technical reconnaissance, </span></span></div>
<div class="yiv5430864957" dir="ltr" id="yui_3_16_0_1_1401250324552_15967" style="font-family: sans-serif;">
<span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15966" style="font-size: small; font-style: italic;"><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15968"> Hydrology Study,
<b> a</b><span class="yiv5430864957" style="font-weight: bold;">nd/or other inspections or studies deemed necessary </span></span></span></div>
<div class="yiv5430864957" dir="ltr" id="yui_3_16_0_1_1401250324552_15972" style="font-family: sans-serif;">
<span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15971" style="font-size: small; font-style: italic;"><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15970" style="font-weight: bold;"><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15969"> by Buyer for determining the condition and suitability of the Property.</span></span></span></div>
<br class="yiv5430864957" />
This clause
allows the city to complete its traditional due diligence which is to
determine whether this raw land we are purchasing at a premium price
will meet our desired use. but, no matter how much research we do, any
project must be approved by the California Coastal Commission which
means that any plan, even with city approval may be disallowed. Thus
planning costs could increase with multiple applications to this
commission along with increasing construction costs. The reality is
that this commission has the final word on whether this concept can even
be achieved. <br />
<br class="yiv5430864957" />
<span class="yiv5430864957" style="font-size: small;">This is clause 6. 4.2</span><span style="font-size: small;"><span class="yiv5430864957" style="font-style: italic;"><span class="yiv5430864957">Waiver of Conditions. Buyer may unilaterally waive, in writing, any or all of the </span><span class="yiv5430864957"> conditions described in Section 4.1</span></span><span class="yiv5430864957"> (above)<br class="yiv5430864957" /><br />This
would never be activated by a responsible city official, as it is
abrogating the right of due diligence and should be stricken from the
contract. My concern is that this clause is an allowance for mischief
that has no place in this sales contract.</span></span><br />
<br />
This
virtual raw land is being sold as an arts-performance center. While
these two uses were conflated to increase enthusiasm, a passive arts
center such as galleries and teaching faciility requires different
demands for access and peak parking than a performance space. The first
task is to do the feasibility and cost evaluations for both options,
including a traffic and parking study, which according to the head of
traffic engineering has never been done for this site. The potental and
capacity of underground parking must be part of this evaluation. This
must be done well within the 60 day contractual period, but this is not
even on the City Managers priority list, which could be a costly
mistake. <br />
<br class="yiv5430864957" />
<span style="font-size: small;">Clause 1.3 reads:</span><br />
<span style="font-size: small;"><span class="yiv5430864957"><br class="yiv5430864957" /></span></span>
<br />
<div class="yiv5430864957" dir="ltr" id="yui_3_16_0_1_1401250324552_15985">
<span style="font-size: small;"><span style="font-family: Arial,Helvetica,sans-serif;"><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15984" style="font-style: italic;"><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15983">1.3 Financing to Secure Funding for Purchase Price; Failure to Obtain Financing.</span></span><span class="yiv5430864957" style="font-style: italic;"><span class="yiv5430864957">
Pursuant to the MOU and continuing immediately upon the effective date
of this Agreement, Buyer shall use its best efforts to obtain the
municipal bond financingnecessary to secure the funds for the Purchase
Price prior to the Close of</span></span><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15981" style="font-style: italic;"><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15980">Escrow. If, using its best efforts, Buyer cannot secure said financing, then the</span></span><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15978" style="font-style: italic;"><span class="yiv5430864957"> Buyer and Seller shall mutually agree to an alternative financing plan for the</span></span></span></span><span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15977" style="font-size: small;"><span style="font-family: Arial,Helvetica,sans-serif;"><span class="yiv5430864957" style="font-style: italic;"> Purchase Price, or else the Seller shall refund said deposit to Buyer. </span></span><br class="yiv5430864957" /><br class="yiv5430864957" />The
question is not whether we can get municipal bond financing but under
what terms. There is no doubt we could get underwriting for a C rating
bond at an exorbitant rate of interest, the question is whether we could
get underwriting at an investment grade which would provide low
interest rate for an insured bond. This higher rating must be a
condition of the contract. as this would require the underwriter do his
own evaluation of the merits of this purchase and its risk. </span><br />
<span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15976" style="font-size: small;"><br />The
city's abrogation of the right to move the Historic Schoolhouse (Clause
6.4) would be appropriate if we were
purchasing this for a quarter of the value based on the original
expectation under the law for abandoned school property. But while we
are paying top dollar, we are even allowing the seller to dictate this
point, that no matter what unknown future events, we can't relocate the
one room school house. This defines the tone of this purchase --
obligate a project ultimately costing 20 to 40 million dollars to be
paid by future residents who will not have these resources for their
constituents' other needs, and then allow them no breathing room to get
out of the bind we are bequeathing them. . <br /><br />Those hundreds of
people who feel so passionately the need to "save Pacific View" can do
exactly this as a non profit organization that they would fund and
control. They could define the type of performances and the type of art
to be displayed. They would fund it from within their organization and
this would be their prime purpose,
not streets, recreation and public safety as are a city's
responsibilities. I'm sure they could get just as good a deal from the
School District as the city did, and would have the city's full
cooperation. If we were behaving rationally, this sale would close when
we have final approval from the California Coastal Commission, whether
the purchase is by the city or the suggested non profit arts
organization. </span><br />
<span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15976" style="font-size: small;">----------------</span><br />
<span class="yiv5430864957" id="yui_3_16_0_1_1401250324552_15976" style="font-size: small;"><a href="http://encinitas.granicus.com/MediaPlayer.php?view_id=7&clip_id=1009">Council Discussion</a> of this issue, final item on drop down menu </span></div>
Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-10022901019012601282014-06-13T09:54:00.000-07:002014-07-03T06:43:21.820-07:00When, Why and Who -- "signal" laws<i>General Readers, </i><br />
<br />
<i>The text below is the formal agenda information sheet associated with the Traffic and Public Safety Commission meeting at city hall on July 14 5:30, <a href="http://encinitasca.gov/index.aspx?page=101">details available here</a>. It is open to the public, and in my own view, if the mandate of the expanded commission is to be addressed, some degree of public sentiment for this must be shown by your attendance and participation. <a href="http://focusonencinitas.blogspot.com/2014/06/a-third-of-year-evaluation-of-public.html">This link</a> is to my article on details of this mandate, including a partial video of the last meeting where this issue was addressed. </i><br />
<br />
June 30, 2014 <br />
<br />
<br />
This is presented as a Commissioner Initiated Agenda Item for the July meeting of above commission under the title of "Scope of areas for attention of this commission"<br />
<br />
Encinitas, a coastal city of 60,000 in San Diego County has a history of early adoption of laws that have little immediate effect on the problem to be solved. A recent example is outlawing of one time use plastic bags, something that attempts to lessen ocean pollution, exemplified by the Pacific Gyre where currents cause an accumulation of such material. This law was passed not out of the illusion that this city will make more than an infinitesimal difference in the total release of effluvia but for the signal value to the broader movement, with the hope it will become broadly normative.<br />
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I personally remember the first regulation requiring picking up dog feces being introduced in New York City in the 1970s, accompanied by widespread ridicule and rejection. Other movements such as preventing secondary cigarette smoke and holding bartenders responsible for serving drunk patrons, all faced the headwind of going against what was being widely accepted. <br />
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This brings up the role of this small city's commission which I will argue is most useful not in refining laws already enacted, but in breaking ground, making the case for new laws and restrictions. This cannot be done in an ideologically laden setting, where there is a general animosity towards government itself, specifically its regulatory function where the benefit of the broad polity supersedes individual freedom. Once anything is reduced to sorting by the partisan divide of this country into liberal and conservative (including its local manifestations) the process of discourse stops. This has already occurred pretty generally on a Federal level, very much in most states, but still less so at the local level. There, NIMBY, or neighborhood interests tend to intrude, as avoiding expansion of the nearby cement mine or halfway house will unite members of the tea party with card carrying members of the ACLU. <br />
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These political dynamics, I argue, make our local non-elected Commission not only the ideal, but perhaps the only entity in our current legal political constellation able to have a genuine discussion on issues such as I will suggest next. The first one is on a new technology, Remote Control Hovering Craft, that I have described at <a href="http://focusonencinitas.blogspot.com/2014/06/remote-control-hovering-craft-public.html">this link</a><br />
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http://focusonencinitas.blogspot.com/2014/06/remote-control-hovering-craft-public.html<br />
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The other subject is that of noise pollution, a problem as old as the industrial revolution, a specific cause that is amenable to amelioration but has not been done so in this state or city. First this commission would look at the documented medical and psychological harm of vehicle noise, specifically that which is not integral to the function of the vehicle, rather used as a choice such as a type of muffler, especially on motorcycles, which one manufacturer advertises as, "disturbing the peace for fifty years." <br />
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Both topics could be relevant, and more importantly, possible for this commission as it is not immediately subject to electoral influence. The first task is defining the issue through presentation of existing research on the subject. Then there would be public feedback of views from this constituency, which would be followed by a recommendation for action, which could be a local ordinance or a proposal for interacting with other levels of government. <br />
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While this is not a law making body, correctly an activity reserved to elected representatives, we do have the authority under the defining city ordinance to issue reports on our findings, which would in itself have value in the two areas that I have brought forward. <br />
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Link to Journal article: <a href="http://www.medscape.com/viewarticle/554566_3">Noise Pollution: A Modern Plague</a><br />
http://www.medscape.com/viewarticle/554566_3<br />
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"Uninterrupted sleep is known to be a prerequisite for good physiologic and mental functioning in healthy individuals.<sup><a href="https://www.blogger.com/null">[28]</a></sup> Environmental noise is one of the major causes of disturbed sleep.<sup><a href="https://www.blogger.com/null">[1,10]</a></sup>
When sleep disruption becomes chronic, the results are mood changes,
decrements in performance, and other long-term effects on health and
well-being.<sup><a href="https://www.blogger.com/null">[3]</a></sup>
Much recent research has focused on noise from aircraft, roadways, and
trains. It is known, for example, that continuous noise in excess of 30
dB disturbs sleep. For intermittent noise, the probability of being
awakened increases with the number of noise events per night.<sup><a href="https://www.blogger.com/null">[1]"</a></sup><br />
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<a href="http://www.medscape.com/viewarticle/820529">This article</a> is a survey of the myriad harmful effects of interrupted or fractured sleep<br />
http://www.medscape.com/viewarticle/820529 Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-17110773583488643172014-06-12T18:16:00.000-07:002014-06-24T12:30:28.992-07:00A third of a year evaluation of the Public Safety Commission6/10/2014<br />
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While there is no "Public Safety Commission" in the City of Encinitas California, for the last four months, there has been one that was expanded from what had been the "Traffic Commission" It was was created and defined with these additional words:<br />
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<i>2.40.040 Duties of the Traffic and Public Safety Commission.</i><br />
<i><br /></i>
<i>A. It is the duty of this commission to serve as a liaison between the public and the City Council, and to conduct analyses and provide recommendations to the Council on matters related to the circulation of motorized vehicles, pedestrians, and bicycles, and on matters related to public safety.</i><br />
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<i> The scope of the commission’s role with respect to public safety includes but is not limited to traffic safety, emergency response for fire, medical and other crises, as well as the City’s efforts to control and reduce criminal activities of all types. The commission may conduct informational and educational meetings, prepare reports and analyses, and work with fire, marine safety,ambulance, and sheriff personnel.</i><br />
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Being only one of two of the now seven members who volunteered explicitly for these expanded activities, I have attempted to define them broadly, as allowing for initiatives that go into the underlying structure of the agencies mentioned in the defining ordinance, rather than our being under direction of the City Manager. In an <a href="https://www.blogger.com/blogger.g?blogID=9044416516126073463#editor/target=post;postID=3109956145044964823;onPublishedMenu=allposts;onClosedMenu=allposts;postNum=1;src=postname">information sheet</a> submitted for the last meeting, and sent to city officials, I wrote:<br />
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<i>The
city manager has stated that he plans to give instructions to future
chairpersons of commissions, what he did not say is that he and his
staff would work more closely with such commissions --that their work
would be open to us, and that we could build on this research. His
tone conveyed that commissions are an extension of his staff, with the single
difference that we are not on salary</i><br />
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<a href="https://www.youtube.com/watch?v=dacljEhqugQ&feature=youtu.be">Here's my video</a> of the meeting beginning at the issue I recorded until the end. In the absence of this, there would be no record of the details of this conversation among the commissioners. My goal, which was stated in my information sheet as repeated at the meeting, was not to usurp the decision on reforming and unifying the Fire and EMS services of the city, but to suggest that this commission work with the city staff, as I contend citizen volunteers have a useful broader perspective. Such video recording must be provided if we are to fulfill the broad mandate of the initiating ordinance.<br />
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My question was rephrased by the Chairman as whether we should address this particular issue, which did not address my central point, that an independent group of non elected citizens may go beyond the constraints inherent in the tension between government unionized employees and elected officials. There are a myriad of books and articles in the popular and academic literature that explore this reality in depth. <br />
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I made reference to <a href="http://www.usfa.fema.gov/pdf/efop/efo32296.pdf">this article</a> STRATEGIC TRANSITION TO A FIRE-BASED EMS SYSTEM:
MANAGING THE EFFECT ON THE HUMAN SIDE as an example of a social dynamic analysis that is rarely included in formal evaluations of this type of change which could be picked up by a citizen's group that is engaged in this issue. While the staff under the city manager certainly should be evaluating this issue, along with the professionals in the fire department, both groups share a common identity of being ultimately employed by the taxpayers of this city, which inherently is the very type of interests that must be disclosed for meaningful studies. <br />
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It is understood that even with the best of individual's intentions, financial self interest has the potential of affecting evaluation of complex issues such as this possible change in our emergency services. For this and other reasons, I continue to maintain the position that I took in the above linked information sheet in spite of the unanimous rejection by this commission. <br />
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Castle Rock, Colorado happens to have demographics similar to ours, and ironically made the exact same transition from an outsourced EMS to one that is now integrated into their Fire Department. They had no choice, since about twenty years ago the ambulance company went out of business. They happen to have a Public Safety Commission that also covers issues of traffic but not as a main focus. <a href="http://www.crgov.com/Archive/ViewFile/Item/962">Here's the report</a> of their latest meeting, that happened to be held at their police headquarters. You should note that a member of the council is usually in attendance as an ex officio member. Page two describes a particular change in an ordinance that was initiated by the fire department, and the proposal was at this commission for a recommendation before going before the city council. This citizen commission seems to be an example of the type of coordinated independence I am suggesting. <br />
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I also had an extensive conversation with a fire department officer with considerable experience who described the interaction between the EMS and Fire fighters, which in their case are all earning the same salary in the same union. The integration now is seamless, so when the dispatcher knows an ambulance is needed to take a person to the E.R. there is a better chance of such a vehicle being first on the scene.<br />
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Like here, their fire crew go to the super market in their emergency vehicles, with one person staying in the truck to alert the shopping crew to drop their basket and get rolling. And their roll out time, from the fire alarm from 911 ringing to wheels moving, is a half minute longer during sleep time, which is to be expected. While there are inevitable activities such as training and upkeep that can delay response to emergencies, others that are accepted here among firefighters and citizens are not accepted in Castle Rock. I will not go into details unless the Public Safety Commission is clearly charged with this type of activity. <br />
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Only recently did we learn that hundreds of thousands of veterans have endured month long delays before seeing physicians, something that was widely known for years. Yet, only "activists" brings such things to the public's attention, as it is so much more comfortable just to ignore the defects that become simply part of the way things are. <br />
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To those on this commission who eschew activism, in my view such a subordinate role does not do a service to the institutions under city auspices. Only such active probing can spot incipient problems, which is why many larger cities have an office of inspector general, or other appointed entities to head off improprieties before they become entrenched. While we do not desire nor need such a legal department, this function can be done by an active Public Safety Commission such as described in the existing ordinance if affirmed at a meeting with the city council to clarify this.<br />
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<br />Al Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0tag:blogger.com,1999:blog-1478893953476554083.post-24364412257390310532014-06-02T23:36:00.000-07:002014-07-14T10:34:19.746-07:00Survey on extending contingency period on Pacific View contractDear Neighbors: (<a href="https://www.surveymonkey.com/mp/lp/endpage-8/?sm=mfipw7K0DYfUVV0hyirjuGT1xgeox%2bGTFazH6gr6F8M%3d">direct link</a> to my survey on Pacific View Purchase")<br />
<br class="yiv1677656698" />
Encinitas has purchased a communication package that you may have heard
about in all the local papers with the name "Open Town Hall." This is
being promoted as a way that those who never go to council meetings can
still have their views reflected in the actions of our elected members
of the city council. <br />
<br class="yiv1677656698" />
Except
it really isn't about this at all;
rather it's to create such an illusion which will allow the powers that
be, currently mostly in the hands of the City Manager by default, to do
what he chooses. I have made the case both in person and by blog
articles on the two issues that now intersect. The first is that the
Open Town Hall program should not be foisted on citizens, where to use
it
they must agree to a set of terms that includes allowing a tracking code
be inserted in your computer and then allow the Open Town Hall company
to alter your feedback to the city. Yes, the company demands the right to
delete or sanitize your comments before they are made public. <br />
<br class="yiv1677656698" />
The
second issue I've been addressing is the purchase of the three acre site of
the abandoned Pacific View school near the coast for ten million
dollars, with the plan that it will be turned into some undefined "arts
center." I pointed out <a class="yiv1677656698" href="http://focusonencinitas.blogspot.com/2014/06/saving-pacific-view-morality-play.html" id="yiv1677656698yui_3_16_0_1_1405119240579_2739" rel="nofollow" target="_blank">in this article</a>
that because of the special coastal zoning enforced by the state this
could be impossible, and that we have other land already owned
by the city that could fit the bill. But the council and the city
manager have turned a deaf ear. They assume that other
than the handfull of people who demanded we buy this land under conditions dictated by the seller, that the rest of the city
residents won't even be aware of what's happening. While we will pay for
this with our taxes, the city is not really interested in getting our
opinion! <br />
<br class="yiv1677656698" />
Since
they won't even allow the flawed Open Town Hall product to be used for
the
very purpose that it is designed for, I'm circulating this -- a survey
that will allow residents to weigh in with a message to city
hall. There is an item on the agenda of the council meeting of July 12
to address this, but without considerable feedback from this survey, it
will be a rubber stamp for the existing flawed purchase agreement.
Unlike Open Town Hall, here you don't have to agree to any terms of
service, no tracking cookies and giving your
name and email is optional. <br />
<br class="yiv1677656698" />
Please
forward this to those with any interest in how their tax money is
spent. Better some duplicates than this not getting full circulation.
<br />
<br class="yiv1677656698" />
<a class="yiv1677656698" href="https://www.surveymonkey.com/s/JS2N5XX" id="yiv1677656698yui_3_16_0_1_1405119240579_2738" rel="nofollow" target="_blank">HERE'S THE LINK TO THE SURVEY </a><br />
Review your responses, since after you click "done," it directs you to the survey company's web site and closes this letter.<br />
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https://www.surveymonkey.com/s/JS2N5XX <br />
<br class="yiv1677656698" />
Yours truly, <br />
<br class="yiv1677656698" />
Al Rodbell<br />
Commissioner of Encinitas Traffic and Public SafetyAl Rodbellhttp://www.blogger.com/profile/05993709026872288071noreply@blogger.com0