
Saturday, November 12, 2011
City Administration in Question
Encinitas and the Arab Spring
Cyrus K
In case you were on another planet last Wednesday, a major affront to democracy and open government took place in our beautiful little beach community. As a group of citizens protesting the council majority's appointment of Mark Muir to fill Maggie Houlihan's vacated seat attempted to enter the council meeting room, they were shunted away by police to a separate room, while supporters of Mark Muir, wearing "Thank you Mark" stickers were allowed in. Within the council meeting room, a surreal portrait was presented, as though you were in the streets of Tripoli, or Cairo, or Dara'a, when the rulers filled the squares with pro-government ringers to create the illusion of popular support. In the absence of popular legitimacy, power always strives to create its impression, so that the malfeasance, incompetence and arrogant disregard of the public can continue unnoticed.The question here as in the countries of the Arab spring is - who's government is it anyway? By selectively filling the meeting room with supporters, the current council majority has made the statement that our city government is strictly for them, and those who support them. Unlike the middle east, their tools of tyranny are not guns and tanks, but rather the tyranny of the majority. The essential strategy is the same though - use power to gain power, and hope that the public either doesn't notice or is powerless to do anything about it.
Rather than mortars and rifles, in a peaceful democracy, our recourse is to conscientiously object to actions taken without conscience, at the ballot box, in print and in person. There is much to object to beyond just the Muir appointment. An unfunded pension liability of $39 million dollars; a deferred road maintenance bill of $17 million dollars; a long-term debt including lease-revenue bonds of $172 million dollars; $1.5 million dollars interest per year on the $31.5 million dollars owed for the Hall property ( while it just sits there ), and a projected development cost of $13 million. All this with $9 million in the bank ( figures drawn from the city's 2009 Annual Financial Report and the Calpers Actuarial Pension Study for Encinitas ). In addition, we should be vigilant regarding attempts by the sitting council super majority to alter zoning regulations in favor of the developers who fund their campaigns. As Maggie said, democracy is not a spectator sport.
To see if the city has a response, email the city manager at: citymanager@cityofencinitas.org.
Friday, November 11, 2011
Credit to New Sheriff Captain
There have been some comments posted about the Sheriff presence. From what I saw they did a great job, especially considering how many deputies there were.

I wasn't there, but a lot of protesters report being kept out of council chambers by order of the fire marshal when there were reportedly still seats available, so maybe we'll have nice things to say about the fire marshal too, but not until after someone asks him what was up.

- I saw deputies thoughtfully and respectfully work with citizens to remove their sticks from their signs as they entered city hall.
- I saw Captian Sherri Sarro interacting with people in the crowd in a very relaxed and respectful manner when she was walking around solo.
- I saw groups of deputies standing way off away from the crowd, and out of sight of the event. Pictured above is where many of them congregated, down in the LOWER parking lot. You don't stick your deputies out of sight if you want to intimidate the crowd.
- I saw the deputies refrain from nit-picking on how the organizers set up posters and lights.
- I didn't see the deputies during the presentations except when the organizers needed a hand getting a walkway cleared (there were a lot of people). The sheriffs helped make a path respectfully and then went back out of sight (from where I was standing anyways).
I wasn't there, but a lot of protesters report being kept out of council chambers by order of the fire marshal when there were reportedly still seats available, so maybe we'll have nice things to say about the fire marshal too, but not until after someone asks him what was up.
Thursday, November 10, 2011
Fire Chief Muir successfully "promoted" to city council person
The controversial appointment of now retired Encinitas Fire Chief to Encinitas city council person to fill recently departed Maggie Houlihan's (R.I.P.) spot happened last night at city hall.
The popular (and sometimes controversial in her own right) Maggie Houlihan was the all time vote getter in Encinitas. Houlihan had expressed her replacement be Lisa Shaffer, who is now confirmed to run for Encinitas city council in 2012. Many residents felt the seat should be filled by the last election's next highest vote getter, Tony Kranz.
The appointment of Muir concerns many citizens because they say it creates a 4-1 super majority for special interest on our city council. It will be interesting to see what kind of council person Muir is. Recently elected member Kristin Gaspar has been criticized as an empty suit yes man with zero distinguishing leadership.
It's hard to imagine a decades long fire chief assuming this same role. Watch for Muir to establish dominance over fellow council member Jerome Stocks and set himself up as the new Jim Bond, our perennial council person who has been recently tempted by retirement.
Read about the appointment on Encinitas Patch.
and,
North County Times And the Coast News
The popular (and sometimes controversial in her own right) Maggie Houlihan was the all time vote getter in Encinitas. Houlihan had expressed her replacement be Lisa Shaffer, who is now confirmed to run for Encinitas city council in 2012. Many residents felt the seat should be filled by the last election's next highest vote getter, Tony Kranz.
The appointment of Muir concerns many citizens because they say it creates a 4-1 super majority for special interest on our city council. It will be interesting to see what kind of council person Muir is. Recently elected member Kristin Gaspar has been criticized as an empty suit yes man with zero distinguishing leadership.
It's hard to imagine a decades long fire chief assuming this same role. Watch for Muir to establish dominance over fellow council member Jerome Stocks and set himself up as the new Jim Bond, our perennial council person who has been recently tempted by retirement.
Read about the appointment on Encinitas Patch.
and,
North County Times And the Coast News
Wednesday, November 09, 2011
Tuesday, November 08, 2011
Swearing In Celebration
Many people believe that Christy and Mark have been the queen and king of the insider bro deal network in Encinitas. Appointing the city's key political fund manager and campaign operative was a move that was obviously going to cause rancor. It was not a move designed to bring the community together.
From the inbox:
To: All Encinitas Concerned Citizens
Monday, November 7, 2011
Encinitas citizens gather to hold elected officials accountable for engaging in blatant cronyism, ignoring conflicts of interest, and condoning politically corrupt practices.
On November 9, at 5:55 pm, the Encinitas City Council plans to swear in Mark Muir into the seat formerly occupied by Maggie Houlihan. The decision to appoint Mr. Muir was made by the Council majority —Bond, Stocks, Gaspar— in complete disregard for the concerns and wishes expressed by many of the citizens at the City Council meeting of November 2, 2011.
Earlier, at their September 26 (non-televised) Special Meeting, the Council had viewed an eloquent and hopeful videotape of Maggie Houlihan — taped in her last weeks. Her desire was to seek out someone to step into her shoes, to fulfill the last months of her term of office and to keep true to her campaign promises. She endorsed Lisa Shaffer. As a popular candidate who was the runner-up in the last election, Tony Kranz also had a justifiable claim to the seat. Either Lisa Shaffer or Tony Kranz should have been appointed to serve the remainder of councilperson Houlihan’s term of office. Instead, the majority appointed their employee, their election campaigner and sitting Encinitas Fire Chief, Mr. Muir.
Why was Mark Muir chosen? Could it be because each of the majority members owed him favors? Mr. Muir worked on several of their campaigns in the likely expectation of paybacks. This was not democracy in action, this was political quid pro quo. There is a word for this: Cronyism!
Mr. Muir funneled endorsements and support through Political Action Committees directly linked to him. Muir founded and led both ECHO (Encinitas Coalition of Home Owners) and Golden State Firefighters (GSF) which repeatedly endorsed campaigns of Stocks and Bond and paid for deceiving trash mailers. The International Association of Firefighters described GSF as a “San Diego-based political organization” that circulated “cynical and deceptive” slate mailers. One of these mailers endorsed Stocks and Bond and included a message and picture of the PAC’s leader, “Mark Muir, Fire Division Chief and Chairman of Golden State Firefighters.” He organized and established these PACs while employed by the City and benefitting from promotions culminating in his ascension to the well-paid post of Fire Chief for the City of Encinitas. The term for this is: Conflict of Interest!
Mr. Muir’s political activity of more than a decade was also a direct violation of City Policy. Egregiously, he campaigned using his city email address from the City Hall during normal business hours. This is a clear violation of City policy and common standards of ethics.
This was brought to the attention of the Council prior to the appointment. The Council majority proceeded with the appointment without asking Muir to confirm or deny the allegations. The accurate characterization of this conduct is: Corruption!
Mr. Muir’s new council vote delivers a 4-to-1 super-majority, and the pro-development majority can rest easy knowing that their developer-funded plans for Encinitas can avoid public vote. Our current General Plan requires “voter approval” for increases in zoning density unless the Council approves the change by a vote of 4 or more. With Mr. Muir’s vote replacing Maggie Houlihan’s, this 4-to-1 majority is all but assured.
The negative impacts on our community character and vision for Encinitas are numerous. Among these, we count:
LB note: Not sure Muir isn't the 5th vote or is the 4th vote on each of the super-majority concerns.
Mr. Muir’s appointment means that the 12,488 voters who elected Maggie Houlihan in 2008 will no longer be adequately represented on the Council. A chance to vote again in November 2012 is upcoming, but unless we show the council majority that we do not believe this appointment is fair, democratic, and morally supportable, they will be emboldened to further abuse our rights and continue to marginalize our participation in the democratic process. Don’t let them ignore you.
LB note: Jerome did write that he thought the voters wanted someone who would counterbalance his votes. Muir and Jerome are bros and long-time political cooperators, so Jerome must have changed his mind.
From the inbox:
To: All Encinitas Concerned Citizens
Monday, November 7, 2011
CITY HALL CONTINUES TO IGNORE OUR VOICE
ENCINITAS CITIZENS PROTEST
Encinitas citizens gather to hold elected officials accountable for engaging in blatant cronyism, ignoring conflicts of interest, and condoning politically corrupt practices.
Concerned Encinitas citizens to hold press conference at City Hall
505 S. Vulcan, Encinitas, CA 92024
Wednesday, November 9, 2011, at 5:15 p.m.
before the regular City Council meeting.
On November 9, at 5:55 pm, the Encinitas City Council plans to swear in Mark Muir into the seat formerly occupied by Maggie Houlihan. The decision to appoint Mr. Muir was made by the Council majority —Bond, Stocks, Gaspar— in complete disregard for the concerns and wishes expressed by many of the citizens at the City Council meeting of November 2, 2011.
Earlier, at their September 26 (non-televised) Special Meeting, the Council had viewed an eloquent and hopeful videotape of Maggie Houlihan — taped in her last weeks. Her desire was to seek out someone to step into her shoes, to fulfill the last months of her term of office and to keep true to her campaign promises. She endorsed Lisa Shaffer. As a popular candidate who was the runner-up in the last election, Tony Kranz also had a justifiable claim to the seat. Either Lisa Shaffer or Tony Kranz should have been appointed to serve the remainder of councilperson Houlihan’s term of office. Instead, the majority appointed their employee, their election campaigner and sitting Encinitas Fire Chief, Mr. Muir.
Why was Mark Muir chosen? Could it be because each of the majority members owed him favors? Mr. Muir worked on several of their campaigns in the likely expectation of paybacks. This was not democracy in action, this was political quid pro quo. There is a word for this: Cronyism!
Mr. Muir funneled endorsements and support through Political Action Committees directly linked to him. Muir founded and led both ECHO (Encinitas Coalition of Home Owners) and Golden State Firefighters (GSF) which repeatedly endorsed campaigns of Stocks and Bond and paid for deceiving trash mailers. The International Association of Firefighters described GSF as a “San Diego-based political organization” that circulated “cynical and deceptive” slate mailers. One of these mailers endorsed Stocks and Bond and included a message and picture of the PAC’s leader, “Mark Muir, Fire Division Chief and Chairman of Golden State Firefighters.” He organized and established these PACs while employed by the City and benefitting from promotions culminating in his ascension to the well-paid post of Fire Chief for the City of Encinitas. The term for this is: Conflict of Interest!
Mr. Muir’s political activity of more than a decade was also a direct violation of City Policy. Egregiously, he campaigned using his city email address from the City Hall during normal business hours. This is a clear violation of City policy and common standards of ethics.
This was brought to the attention of the Council prior to the appointment. The Council majority proceeded with the appointment without asking Muir to confirm or deny the allegations. The accurate characterization of this conduct is: Corruption!
Mr. Muir’s new council vote delivers a 4-to-1 super-majority, and the pro-development majority can rest easy knowing that their developer-funded plans for Encinitas can avoid public vote. Our current General Plan requires “voter approval” for increases in zoning density unless the Council approves the change by a vote of 4 or more. With Mr. Muir’s vote replacing Maggie Houlihan’s, this 4-to-1 majority is all but assured.
The negative impacts on our community character and vision for Encinitas are numerous. Among these, we count:
- A super-majority will enable the Council to approve rezoning and up-zoning without voter approval (for example, reconsidering and approving the conversion of the Ecke property from agricultural-zoned —“in perpetuity”— to residential-zoned land).
- A super-majority would be able to push through the replacement of our well-written, original General Plan and approve the controversial redevelopment of the El Camino Real corridor without a vote of the residents. The proposed plan extends from the recently City-approved Walmart in the north to Encinitas Blvd in the south. Current proposals would allow four-story or higher multi-use buildings, causing increased traffic congestion, crowding, and a decrease in neighboring New Encinitas residential property values.
- A super-majority would allow immediate obliteration of sunsets by 90-foot tall field-lights for neighbors of the Hall Sports Park (aka Hall “Community” Park)
- A super-majority would effectively enable the Council to approve spot up-zoning of any parcel, irrespective of neighbors’ concerns, whenever a deep-pocket developer asks for it.
LB note: Not sure Muir isn't the 5th vote or is the 4th vote on each of the super-majority concerns.
Mr. Muir’s appointment means that the 12,488 voters who elected Maggie Houlihan in 2008 will no longer be adequately represented on the Council. A chance to vote again in November 2012 is upcoming, but unless we show the council majority that we do not believe this appointment is fair, democratic, and morally supportable, they will be emboldened to further abuse our rights and continue to marginalize our participation in the democratic process. Don’t let them ignore you.
LB note: Jerome did write that he thought the voters wanted someone who would counterbalance his votes. Muir and Jerome are bros and long-time political cooperators, so Jerome must have changed his mind.
Please come to protest the swearing-in of Mark Muir on Nov 9.
Attend
the public protest and press conference in front of City Hall at 5:15
pm, before the Council meeting, and attend the protest during the
Council meeting thereafter, at 5:55 pm.
Don’t let them ignore you!
Monday, November 07, 2011
Local Arts and Crafts
I attended a show at the Mingei museum this weekend. The show featured local furniture designers. We found a few pieces created by local leucadians, including this funky chair made by local surfing legend Carl Ekstrom.
There was a panel discussion with several generations of SDSU furniture design professors. It was striking how many times they noted how influential San Diego's post-WWII design was inspired by San Diegans' close connection to "natural" environments. This was opposed to some of the less dynamic and interesting stuff coming out of the east coast designers, who were described as being surrounded by urban environments. Carl is well known for his close connection to the wild.
There was a panel discussion with several generations of SDSU furniture design professors. It was striking how many times they noted how influential San Diego's post-WWII design was inspired by San Diegans' close connection to "natural" environments. This was opposed to some of the less dynamic and interesting stuff coming out of the east coast designers, who were described as being surrounded by urban environments. Carl is well known for his close connection to the wild.
Sunday, November 06, 2011
Another View
The reason Mark got the position, in spite of what you all might think, is because he really does know what is going on in this City. You can all call it cronyism, but he will be able to hit the ground running. Not even Tony or Lisa could have done that. Actually Mark had 2 fundraisers for Maggie, but somehow that fact has not been shared on this blog.
Dr. Lorri
Friday, November 04, 2011
New Coffee Shop Opens in North Leucadia!
Today is the "soft opening" of the new coffee shop next door to Surfy Surfy Surf Shop.
All the coffee is fresh roasted on site. Come check out the amazing transformation of the old Longboard Grotto board room into a spiffy new coffee shop.
It's a great rainy afternoon to cruise down and get an expresso.
Hooray!
Thursday, November 03, 2011
There's another $100 billion
What happens when you cross big construction contracts with environmental happy talk? You end up with less money for useful local mass transit, less money for education, less money for other services. You also end up with new sprawl into the desert and regional ag land.
California's high-speed rail system would cost nearly $100 billion when the main north-south link is completed, an eye-popping figure for a state with massive annual budget deficits and a lagging economy.
Still, the business plan released Tuesday by the California High-Speed Rail Authority said the project is manageable if it's built in smaller segments over 20 years.
The plan also predicted that estimated ridership figures would make the system profitable and noted that new freeways and airport expansions to deal with the state's expanding population would cost far more.
It's too soon to know whether the $98.5 billion price tag _ more than double the previous $43 billion cost projection _ will be a deal-breaker for lawmakers, who will decide whether to move forward after a public comment period.
California's high-speed rail system would cost nearly $100 billion when the main north-south link is completed, an eye-popping figure for a state with massive annual budget deficits and a lagging economy.
Still, the business plan released Tuesday by the California High-Speed Rail Authority said the project is manageable if it's built in smaller segments over 20 years.
The plan also predicted that estimated ridership figures would make the system profitable and noted that new freeways and airport expansions to deal with the state's expanding population would cost far more.
It's too soon to know whether the $98.5 billion price tag _ more than double the previous $43 billion cost projection _ will be a deal-breaker for lawmakers, who will decide whether to move forward after a public comment period.
Real Firefighters Call Muir's Stuff Lame
What happened last night doesn't smell right to me.
I agree with Baloo. The council should have tried to appoint someone neutral, which is way more moderate than saying we should try to honor Jerome's original view on the voter's wishes. What the council did was 180 degrees in the opposite direction.
By all accounts Muir has been highly active running council campaigns and facade organizations which funnel campaign funds. He is also personally close to council member, before he was a department head. Long ago, along with others, I asked Muir to address his role in past campaigns. Why? Because the job competitively. It looked like Muir got his very high paying job because he did the dirty work for the council majority. He did what someone who has something to hide did and just left us hanging. In the last few days a lot of information about Muir's activity have surfaced and perhaps explain why Muir would want to avoid the subject.
To Kristin, I am not saying he should not have the right to do all that he has done. There should be no appearance that taxpayers are on the hook for Muir being financially and professionally rewarded for political favors. Many people think this true. Maybe they are off-base and I'm sorry that you didn't take the time to help avoid even the appearance of impropriety.
Yes Jerome, if your seat had been lost and Maggie and Teresa were trying to replace you with Bruce Ehlers I would have spoke up against that.
To the readers, we are getting all sorts of stuff in the mailbox. None that supports what the council majority did last night. If you have a different view and support what the council did, please send us a submission so we can share another view.
Gaspar was appalled that Ehlers was bringing up Muir's history prior to the vote. This is one of the articles Ehlers pointed out last night.
Kristin wasn't the only one appalled. The International Association of Fire Fighters was appalled too.
I agree with Baloo. The council should have tried to appoint someone neutral, which is way more moderate than saying we should try to honor Jerome's original view on the voter's wishes. What the council did was 180 degrees in the opposite direction.
By all accounts Muir has been highly active running council campaigns and facade organizations which funnel campaign funds. He is also personally close to council member, before he was a department head. Long ago, along with others, I asked Muir to address his role in past campaigns. Why? Because the job competitively. It looked like Muir got his very high paying job because he did the dirty work for the council majority. He did what someone who has something to hide did and just left us hanging. In the last few days a lot of information about Muir's activity have surfaced and perhaps explain why Muir would want to avoid the subject.
To Kristin, I am not saying he should not have the right to do all that he has done. There should be no appearance that taxpayers are on the hook for Muir being financially and professionally rewarded for political favors. Many people think this true. Maybe they are off-base and I'm sorry that you didn't take the time to help avoid even the appearance of impropriety.
Yes Jerome, if your seat had been lost and Maggie and Teresa were trying to replace you with Bruce Ehlers I would have spoke up against that.
To the readers, we are getting all sorts of stuff in the mailbox. None that supports what the council majority did last night. If you have a different view and support what the council did, please send us a submission so we can share another view.
Gaspar was appalled that Ehlers was bringing up Muir's history prior to the vote. This is one of the articles Ehlers pointed out last night.
IAFF Declares Golden State Firefighters As Rival Organization
The International Association of Fire Fighters (IAFF) took a stand against a San Diego based political operation that has been marketing a “firefight- er” endorsement to promote a paid slate-mail operation [that supported Stocks and Bonds]. By a unanimous vote, the IAFF Executive Board declared Golden State Firefighters [Muir's personal operation] to be a rival organization to the IAFF. The rival organization declaration means that any IAFF member who joins Golden State Firefighters is subject to sanctions and expulsion from the IAFF if another IAFF member files charges against them. IAFF took the action against Golden State Firefighters after a series of attempts to co-opt the image of front line firefighters for their own ends. In early 2004, “Golden State Firefighters” sent letters to legislative candidates around the state, soliciting them to participate in a slate mailer for the March 2nd Primary Election.
The solicitation described Golden State Firefighters as a membership organization consisting of “Fire District Board members, Fire Chiefs, Fire Marshals and rank-and-file firefighter’s association and union members.” It promised distribution to more than a million voters statewide and, in an especially Machiavellian twist, promised to center its efforts in the counties most heavily affected by last fall’s devastating firestorm.
But although Golden State Firefighters claims to be a membership organization, they have made no formal outreach to career firefighters, offer no member benefits or services, hold no training seminars ... they don’t even put out a newsletter.
What they do is political mail, often in direct conflict with candidates endorsed by IAFF-affiliated locals, such as San Diego City Firefighters. California Professional Firefighters (CPF) was able to head off any significant defection of our endorsed candidates to the rogue mailer. Nonetheless, Golden State Firefighters did eventually circulate a slate mailer that was cynical and deceptive. Candidates and causes were falsely listed as having paid for slots on the mailer, implying participation where none occurred. Perhaps most despicably, the authors of the mailer actually sought to trade on the tragic death of Novato firefighter Steven Rucker in the firestorm by placing Rucker’s picture at the bottom.
Faced with this assault on the image of our profession, CPF members approved a resolution at their Convention in May asking that IAFF declare Golden State Firefighters to be a rival organization. The IAFF action this week ratifies that request.
If you’re an IAFF member and have been approached to join Golden State Firefighters, we’d like to know about it (so far, they don’t seem to be inter ested in members — only dollars). Please contact CPF at (916) 921-9111 or via email — info@cpf.org.
Kristin wasn't the only one appalled. The International Association of Fire Fighters was appalled too.
KMC
Wednesday, November 02, 2011
A New Day for Encinitas
3:1 vote for Mark Muir. He knows how the city works and knows about all the skeletons. There were some big smiles on the council's faces.
Tuesday, November 01, 2011
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