Ventura City Council Meeting
February 27, 2012
Ventura City Hall - 501 Poli Street
Council Member Morehouse said that the protocols in use today governing public speaking before Council have been in effect since 1994, but found himself in agreement with the idea that there are ad hoc groups that form rapidly just before Council meetings only to scheme their way into time extensions. This, according to Mayor Tracy, violates the original intent of the speaking protocols, while Mr. Morehouse suggested that constituents have ample time to speak to their elected officials when seen in public. Public communications before Council should not be a place for people to show up and “grandstand” before the cameras, according to Mr. Morehouse, and should not be used as a public soapbox.
Mayor Tracy brought the meeting to order with a call of the roll -- all present. It was then asked of Council Member Brennan to lead in reciting the Pledge of Allegiance.
Council Communications -- Council Member Andrews asked that adjournment include honoring the memory of Dorothy Marrin.
Deputy Mayor Heitmann asked that Nolan Valen be remembered at the close of the meeting. The Ventura Port District meeting last Thursday covered plans to improve landscaping in the harbor area. A hotel has been proposed as another of the improvements, along with ideas that will promote tourism. Commercial fishing attracted attention at the meeting with the notation that this activity is an important part of our economy.
Council Member Brennan said that on March 11 there is to be a fundraiser for M.B. Hanrahan who is suffering from a leg fracture. A silent auction will be held at Zoe's Restaurant from 1 PM to 10 PM. She is a great member of our artist community.
Council Member Monahan noted that the St. Patrick's Day parade will be on the following Saturday, March 17, 2012. The posters are out and businesses are urged to display one in time for the rest of the community to become involved.
Council Member Weir said that with her representation on the Community Commission for Ventura County a presentation was made by County Health. One area of interest is childhood obesity. There are cities within the County where childhood obesity is as high as 50%, with many of the extra calories being contained in soft drink products. A grant of $1 million is going toward the Westside to produce playground equipment and exercise programs for school aged children. The emergency 211 number was also promoted by the councilwoman.
City Manager Cole noted that the permanent position of Assistant City Manager is being introduced upon the retirement of former City Clerk Mabi Plisky, with James Mason being brought forward as the new Assistant City Manager. Mr. Mason comes from the Phoenix area, and holds a Masters degree. His background in public works and economic development is expected to be a great asset. Cindy Rodriguez has become the new City Clerk. Cindy is from Santa Barbara, and also a former Ventura Staff member. She left in 2003 to become City Clerk of the then brand-new city of Goleta.
Regional Boards, Commissions and Committees -- Council Member Andrews indicated that the Regional Defense Partnership team will be in Washington on March 19 through the 23rd. The thrust will be to help fortify the military base presence here in Ventura County. The Naval Base Ventura County represents a significant portion of the job creation and the economic stimulus that is received. The base is vital to our national defense system, with it also being known that there still exists the possibility of defense spending cuts which could close one or more of our most important countywide assets.
Consent // Formal Items -- Minutes; City Council Protocols Amendments; Habitat Mitigation Credits Agreement for Moreland Ditch Maintenance; Proposition 40 Per Capita Grant and Park and Recreation Dedication In Lieu Funding for Marina Park and Westpark Playground Improvements. Council Member Monahan wished to have Consent Item No. 2 pulled. With no speakers on Item Nos. 1, 3, or 4, Council Member Brennan moved acceptance of these items. A second was a obtained with the city clerk then calling the roll. All members voted yes.
Consent Agenda Item No. 2 -- City Council Protocols Amendments. Council Member Monahan brought up the comment made by Carla Bonney via email dealing with the pooling of time during Public Communications. "Previously organized," according to the city attorney, was the key added phrase when relating to groups of people who wish to speak on the same issue before the council. The main issue is that with "time ceded," a single spokesperson should be asked to present the comments of the group. Whether the group members were "previously organized" as such may be of lesser importance, according to Mr. Calonne, and could be stricken by Council as being too restrictive as long as the group, upon presenting itself to the council, can still be called "organized."
Council Member Monahan preferred that the language be left as it is. The city attorney noted that the new procedure was added in June of 2010. The experimental period of time has been tried for one and a half years to see if the pooling of individuals were to become the accepted protocol.
Council Member Andrews said that the phrase "previously organized" was not sufficiently descriptive.
Council Member Brennan weighed in to say that he did not see the problem. Groups on some items have been brought in with 30 people which merely, in his view, extends the meeting past the midnight hour. It was the councilman's feeling that a single spokesperson would be more expedient.
The mayor said that Council Member Brennan was not at the retreat where this issue was discussed among council members. “What we are trying to accomplish,” according to Mayor Tracy, is to address the tendency toward creating “organizations on the fly” just to give people more time when there is really no organization to the group.
Council Member Monahan responded to Mr. Brennan by saying that public communications in the past were held on each Monday night and that an original five minutes has been cut to three. The councilman said that there has been a continuous cut back on public communications and that he is not in favor.
Council Member Weir said that in 2010 the rewriting of protocols gave the mayor wide latitude. Ms. Weir said that as Mayor, anyone wishing to consolidate their time would contact her office by noon on the day of the meeting. This seemed to work fine, or so it was said.
Council Member Morehouse said that the protocols in use today governing public speaking before Council have been in effect since 1994, but found himself in agreement with the idea that there are ad hoc groups that form rapidly just before Council meetings only to scheme their way into time extensions. This, according to Mayor Tracy, violates the original intent of the speaking protocols, while Mr. Morehouse suggested that constituents have ample time to speak to their elected officials when seen in public. Public communications before Council should not be a place for people to show up and “grandstand” before the cameras, according to Mr. Morehouse, and should not be used as a public soapbox.
Council Member Brennan said that he is in concert with the policy being proposed for speaking. The speaker card needs to be submitted before the staff report is begun and that to include a few more details would be helpful. It was thought that the public should pay attention and listen to the staff report before submitting a card.
[Comment] What has been heard so far on the part of at least three members of this Council (U-pick-em) is elitism at its finest – practitioners who want desperately to be elected to public office but cannot bear the thought of wading through the mire of public opinion. We wonder if they've ever been exposed to the idea that democracy tends to get messy at times. This is why after fully 2¼ centuries, the American Ideal of a classless democracy is still considered a fragile – if not downright foolish – experiment, not only by our enemies abroad but by far too many closet oligarchs here at home. And again in the minds of far too many, there is only one way to reduce that fragility – tone down the public rhetoric whenever possible. In other words, eschew public demonstrations and demonize their participants as “thugs.” Insist that money equates to free speech. Pretend that underlying every political issue are the so-called, Three-G's – God, guns and gays. Don't concern yourself with the poor – they have safety nets. Don't worry about the rich – they're doing just fine. And by all means don't let government come between you and your doctor – unless, of course, you happen to be female. [Ed.]
Public Communications -- Camille Harris said that communications is the key and that patience and compassion are required in order to govern. It feels better to hear praise than to be criticized, but it is valuable to be reminded that you may be ignorant of some of the very laws that the council has approved in the past. The citizens have been made aware and that things such as "stack and pack" would not be received with approval by the citizens. These protocols indicate to the public that the council is not interested in hearing the truth, according to the speaker. It was said that we should be able to appear and speak before Council "without fear."
Patti Thomas said that in regards to page 15 (or 21 of the packet), citing #4, Alcohol Permit Revocation proceedings: “Why is this procedure being included in the protocol?”
Helen Yunker spoke to say that as a 54-year resident of Ventura, the matter of new protocols should be called new growth controls. It appears obvious that freedom of speech is to be determined by three minutes of speech. The pooling of time by individuals will be lost if that pooling is by organized or special interest groups only. With large groups the individual is being cut to only two minutes which is very near humanly impossible. This looks as well it is Council's intent to "shut up" a person's desire and rights. The speaker thought that the waving of arms in the manner of the international sign language protocol seems to her childish, and that an applause protocol should be allowed.
Council Communications -- Council Member Andrews asked if it should be discussed in determining what constitutes an organized group. The term "previously organized" seemed to the councilman “very loose”. The protocol proposal on the part of an applicant or appellant in the public hearings area seems to refer to the entire applicant or appellant team as a single entity. The appellant, it was noted, often presents himself or herself as representing the entire neighborhood. Many may not feel they are part of that particular movement. Even the spontaneous as a characterization is often unclear meaning, that the councilman would not be able to approve.
City Attorney Calonne said that a political representative may speak perhaps more clearly which often results in 15 or 20 minutes of time allotted to just one side of the issue. Both sides could be limited to 10 minutes for example under this new set of guidelines.
Council Member Morehouse said that Concerns over public input is not a hill that I would be willing to die on. Mr. Morehouse said that he particularly does not have a problem with meetings running past midnight, saying that he is retired and on a fixed income. If a group wishes to spontaneously create itself and can succinctly put together the spots while others are willing to cede their time, this should be the kind of "risk" we are willing to take. It was said that the councilman ran because he knew that on Monday nights he would be sitting up here a long time.
Deputy Mayor Heitmann said that as long as a speaker card is in prior to the end of the staff report, this would seem acceptable, and that as the deputy mayor she would not oppose on those grounds. Remembering what happened at the retreat, Ms. Heitmann said that if people are going to organize in an ad hoc fashion this would not be problematic, even though groups meeting ahead of time may produce more cohesive dialogue.
Council Member Monahan said he agrees with Carl, while adding the adage, "If it ain't broke don't fix it." It was asked whether it takes a motion to remove language saying strike the portion regarding accumulation of time as worded. Previously organized should be the phrase to be removed. The motion was made with a second having been obtained. A friendly amendment by Council Member Andrews was forthcoming, saying that the speaker cards should be accepted up until the time the public communications is closed and before Council begins deliberation. The definition of the applicant and appellant team should be returned to the city attorney for further clarification. It was the "interpretability" of the definition as written including the time for accepting cards any time prior to Council deliberations that require further refinement.
Council Member Brennan said that “going in the manner of Curt Stiles in his pajamas” should be remembered with fondness and honored to this day. It was thought that each side of applicant and appellant could be given 15 minutes, with five minutes for rebuttal. It was said that the councilman does not see the value in ceding time.
The Mayor said that when 20 people show up it is rare to have all 20 cede their time. Council Member Brennan seemed to be in favor of allowing five minutes per person without ceding time. The answer to Ms. Thomas question was addressed by the city attorney saying that it was clarification being lumped in as a clerical exercise.
Council Member Morehouse said that it is a fine line for grouping people for their advantage versus that which is advantageous for the council. The friendly amendment was said to be acceptable.
Council Member Weir wished to return to the retreat discussion, saying that during many hours of discussion one of the reasons for talking about public hearings was the applicant and appellants issue. Each applicant or appellant has the habit of bringing others with three minutes apiece on top of the initial opening comment. If you are part of the development team, all speakers should be lumped into the same time allotment, according to the councilwoman. All should be assigned to a single presentation. It was said that if you are a person just sitting as the proceeding begins and you ask the person next to you if they will cede their time, this is outside the bounds of what had been discussed.
The Mayor said that several public speakers attended the retreat as well and that there was nothing secret about the meeting. It was asked how many of the audience members would feel okay with staying past midnight. These protocol modifications were not introduced with the feeling of limiting public communications, said the mayor.
It was asked whether the city attorney would come back with further clarification, with the answer being returned in the affirmative. A call of the roll concluded with passage by consensus.
Watch this space for more to come.