Blogging Bayport Alameda

July 24, 2007

If at first you don’t agree, revise history

Filed under: Alameda, City Council, Development, Measure A — Lauren Do @ 7:07 am

Next up to bat is Barbara Kerr who writes on her own website about her take on the events at the last Measure A Ad Hoc Subcommittee Meeting aka the Futile Exercise in Compromise (FEC), under the scary title heading “Censorship” she says:

The forum on Measure A that was proposed by the Planning Board has now become a public hearing on a new Housing Element. Because of the efforts on the part of the three members of the Planning Board who were appointed to an ad hoc committee to design a forum, this upcoming hearing on the Housing Element will allow no presentations which are favorable to Measure A.

Anne Cook, the now-president of the Planning Board had led the effort to get that board to put on a forum on Measure A. She had referred to correspondence from HOMES, an anti Measure A group. At the March 26, 2007 Planning Board meeting she apologized to staff for pushing them to the point of putting this item ( developing a Measure A workshop) on the agenda. While the Planning Director cautioned that the expense of a forum would cut into funds for other planning efforts, Andrew Thomas , an employee of the department, broke in with his one-step-at a time plan. He supported that the formation of a subcommittee of the board be established to return to the board to present logistics for the forum and proposals for its structure. His proposal, which was approved by the board, was appealed to the City Council.

The City Council denied the appeal on May 15, 2007. However, they decided to add three members of the appellants to the ad hoc committee. The approved motion stated that the workshop (forum) deliverables were to be establishing facts, limitations, and benefits of Measure A in the context of the Housing element and transportation. At this point the workshop was still to be one on Measure A.

During the ad hoc committee meetings, the Planning Director stated that the expense of the workshop would be funded with the money set aside for the public hearing on the proposed Housing Element. As I understood it, she further stated that the workshop would be a public hearing for the Housing Element. The purpose of the workshop had changed from an educational forum on Measure A. This is a very important point because the Housing Element is a governing policy document of the City of Alameda.

At the second ad hoc committee meeting the three Planning Board members refused to live up to an agreements reached in the first ad hoc committee meeting and in the beginning of the second meeting. Those agreements were to allow each side to pick their own speakers. Furthermore the Planning Board members backed out on a committee agreement to have open public input at workshop. They instead substituted the small-groups format for open public discussion. The small-groups format is easily manipulated by the facilitator, and the unedited opinions of the public never get to the City Council. The refusal to allow any speakers to be chosen by the pro Measure a members of the committee and the elimination of open public input led to an impasse.

This impasse was bought to the City Council during oral communications on July 17, 2007. The Council majority appeared to me to be comfortable with a format which would not allow any pro-Measure A presentations, and that the purpose of the forum would no longer be Measure A. Even though the benefits of Measure A were part of the Council motion, those benefits will not be presented if the only speakers allowed will be chosen by anti Measure A forces.

This is one of those situations where if you say it repeatedly and loudly enough, maybe people will start believing you.  In fact, I have now heard the contention so many times that the Planning Board members substituted the public input/comment for small group breakout sessions that I couldn’t be completely sure that my memory was correct on that statement being incorrect.  Whew, did that make sense?  So I checked the notes I had typed up, including the two written out forum proposals by Diane Coler-Dark and Anne Cook, and even went back to the tape to double check that my memory was not growing faulty in my old age and sure enough, there it was: Public Comment.

So I’m not sure if the Appellant side/Pro-Measure A side/whateveryouwanttocallthem was listening when Anne C. presented the alternate format or if they were too busy saying “No No No!” in their heads and composing responses rather than paying attention.  So this is the list as written by Anne C., copied as precisely as I could, the hours are a little wonky, but the list is pretty accurate the spacing might be off and I’m sure given more than 5 minutes a more precise format could be fleshed out:

                                                                                   6 hours*

History of Measure A                                              
          Woody Minor (1995)
          -> present
          As applied
         Settle agreements

Housing Element
          1 ½ Panel of presenters
         ½ – 45 min – small groups                            3 hours
         Report
         ½ Panel again to talk

Transit and Transportation
        Panel
        Small Group                                                      2 hours
        Reconvene and Report Back
        Public Comment

Yes, your eyes do not deceive you, it says “Public Comment,” in fact, I was so concerned that maybe I had written it down wrong I went and checked the tapes, sure enough, there it was:

Anne C. starts writing down the format at 33:12 and 37:12 she begins writing “Public Comment” to include as part of this alternate format.   So who are you going to believe? 

Also, I find found this portion of a comment by David K. interesting:

I am certainly in favor of a discussion on conditional MA exemptions, and could see myself supporting one. I am totally against the attitude the PB is now taking. Who cares what the forum is called, or what the teams are called that each “Gang of 3” assembles? Speaker, panelist, presenter, who cares? An opinion pitcher by any other name is still an opinion pitcher. Let each “Gang of 3” name their own team and label them however they choose. This is not part of the issue. Why such a dizzy, mind-bending argument over nothing? Move on.

Obviously, David K. thought that the semantic argument over “speaker” vs. “presenter” vs. “panelist” was one that the Planning Board members were engaging in.  When, in fact, it was one of the very first issues that came up from the other side.   Right out of the gate, as also referenced by SDR, after Facilitator David Early was trying to rattle off the list of items they had agreed to at the last meeting, number two being that they would “have a panel discussion” and Diane C-D immediately said “No!” to that which then led to the semantic runaround.

The whole thing kicks off at around 5:40

Oh and I also forgot the “discussion” early on where the Appellant side/Pro-Measure A side/whateveryouwanttocallthem determined that the list written up by David E was incorrect (starts around 9:40).  When you hear that side talk about the PB members “refusing to live up to their agreements,” the meeting begins with the non-PB members not even agreeing that they had agreed to attempt to come to consensus on the speakers names first.   Pat B. announces that Cathy Woodbury sent out something different and when referred back to Cathy W. she says that the format she sent out was basically the same thing as the list David E. had written up. 

And while Barbara K. ominously concludes that:

Even though the benefits of Measure A were part of the Council motion, those benefits will not be presented if the only speakers allowed will be chosen by anti Measure A forces.

Personally, I have more faith that the PB members of the committee would choose a diverse set of speakers representing a number of viewpoints than I would trust the non-PB members to choose a diverse set of speakers.   And for those who would insist on characterizing the PB members as the ones that held up the meeting, I ask you this:  At what point during any of the meetings did the appellant side ever concede any issue?   At what point did the appellant side ever try to approach any issue with compromise and consensus in mind?  And if those that were there have forgotten, then rewatch the tapes.

5 Comments »

  1. Lauren,

    One correction on your write up. While your notes of what Anne Cook wrote are correct, you should indicate that the “6 Hours” at the top is the Total time for the entire meeting and that the times listed below it (3 hours and 2 hours) are subtotals of the sections.

    Ms. Bail continues to characterize the Planning Board Members’ suggestion as “two 6-hour meetings” when they suggested one 6-hour meeting that could be broken up into two days to keep the length of the sessions down.

    This is clearly a miscomprehension on Ms. Bail’s part, despite the valiant efforts of the facilitator to explain it to the appellants, and it would be good for your faithful readers to not be accidentally lead to the same fallacious conclusion.

    Comment by johnknoxwhite — July 24, 2007 @ 8:00 am

  2. Perhaps we shouldn’t use this as an example for the Iraqis as to how democracy works. At this rate, we’ll have peace in Iraq before we have an election on Measure A.

    Comment by AlamedaNayTiff — July 24, 2007 @ 8:27 am

  3. I keep hearing the John Lennon lyric screaming in my head, “All I want is some truth!”

    It’s time for a calm, thorough, and authoritative editorial in the papers to counter this systematic misrepresentation.

    It could be written by a private citizen, but seeing something from the editorial staff at the Sun. The Journal is at a disadvantage here because of past carping of bias by the appellant’s camp.

    At this critical point it doesn’t matter where you stand on Measure A, I think any honest broker should have pause about the over all behavior of the appellants and supporters like Don Roberts.

    Comment by Mark — July 24, 2007 @ 12:50 pm

  4. There is a difference between opinion and informed opinion. Not all opinions are equal. Are you able to support your opinion with facts? Being able to yell the loudest does not mean that your argument is the strongest one.

    Comment by AlamedaNayTiff — July 24, 2007 @ 2:21 pm

  5. Speaking of revisionist history, I would like to call particular attention to the exchange that took place at time point 00:15:34 in Part 2 of the videos:

    Ms. Ashcraft: “I know you were the appellants, and you didn’t want this to happen at all, so . . .”

    Ms. Bail [interrupting]: “Oh, Marylin, please! You know what, you’re playing to the cameras. Nobody said they didn’t want a forum. They said they wanted it a fair forum. You keep putting that kind of out, that we don’t wish to talk about it. We’ve talked about Measure A ad nauseam, you know it and I know it.”

    When I heard that, I couldn’t believe it. Wasn’t the whole point of the appeal to stop the forum? Rather than rely on my memory, I decided to double-check the packet from City Council meeting of May 15, 2007.

    The appellants did not merely express concern about potential bias in the planned forum and ask for a more balanced forum instead. They flat-out requested that the entire decision to plan a forum be reversed:

    This appeal is to reverse the decision of the Planning Board to set up an ad hoc committee to construct a forum to discuss the implications of Measure A on housing throughout Alameda.

    The appellants suggested that holding any City-sponsored forum is tantamount to advocacy for overturning Measure A (emphasis is the authors’):

    The Planning Board overstepped its authority. The City Charter gives this board the authority to investigate and recommend plans for future development. Advocating overturning the City Charter does not fall within the definition of their duties.

    The appellants went on to argue that the forum is unnecessary:

    The forum for which the Ad Hoc committee was appointed was billed as necessary to update the Housing Element. That is not true.

    In fact, they claimed that nothing short of a citizen-driven ballot initiative campaign can be a valid forum on Measure A:

    The only valid forum on Measure A is a vote of the people. That was the original forum. The thirty or so people who want to overturn Measure A can always go out and get the signatures to put it on the ballot.

    All of this lines up perfectly with what six of the seven appellants said during the public comment period at the March 26, 2007, meeting of the planning board. For example, if you jump to 01:53:14 in the video of that meeting, you will here appellant Barbara Kerr introduce her public comment with this:

    “Good evening. There is no need to have a forum on Measure A because the ultimate forum has already been done: It was voted on, and the 100% forum in the future could be done the same way.”

    At 01:54:51, she closes her public comment with this statement:

    “You know, there is nothing to prevent the devel . . . the friends of the developers to go out and get the signatures to put this on the ballot. Hello?! And until these people come up with more bridges and tubes then we should not discuss Measure A except at the ballot box.”

    At 01:31:52, Diane Coler-Dark implied that there is no need for a forum because everything has already been said and done:

    “And I really think that the community goals and policy have been established. And we’ve all been there and done that. We have attended so many meetings from those periods in the nineties and even . . . there have been all kinds of others after that.”

    At 01:46:22, Jim Sweeney went on to echo Ms. Coler-Dark’s sentiment:

    “And what is this imperative that we set up rules to study Measure A? Like the other speakers have said, ‘We’ve been there and we’ve done that! We’ve done it ad nauseam!’”

    At 01:51:33, Jean Sweeney concluded her public comment with this statement, which was greeted with applause from the audience:

    “Now you’ve got to solve the problem of traffic before you plan any more houses. 4,000 more houses, 399 or whatever on the books as it is: We don’t need any more. And we don’t need to study Measure A.”

    Although she didn’t mention the idea of a forum specifically, the implication seems to be that a forum would be pointless if Measure A does not even need to be studied.

    At 02:06:09, Lil Arnerich leads off with a presidential analogy:

    “Like the late President Reagan once said, ‘There you go again!’ He told the president of Russia, ‘Don’t go there.’ You’ve heard so far from practically all of the speakers telling you about how we feel about Measure A.”

    After depicting himself as quite the social butterfly, he informs us at 02:08:13:

    “I am on Park Street, Webster Street, South Shore, you name it, I’m there. And I want to tell you, I have not heard one peep of anyone wanting to go against Measure A at this particular time.”

    At 02:08:41 he echoed the “been there, done that” theme common to most of the appellants’ comments, before issuing an ominous warning about the danger of being duped by the developers and their minions:

    “Our mayor went on record, in her last weeks of campaigning, saying, ‘Don’t touch Measure A.’ And here we are again, being told that they want you — and I don’t mean to use a derogatory term — to front for them, to be a shill for them, that’s what they’re asking you to do. And I hope that those of you that are capable and have the understanding will say to yourselves, ‘I’m not falling for this. I’m not going down that road.’”

    Mr. Arnerich went on to tell of several prominent Alamedans who he said wanted to change Measure A, but who have now moved away to other towns. This anecdote brings him, at time point 02:08:56, to his dramatic conclusion, which was greeted with more audience applause:

    “So the person who puts the dog poop in the bag and scoops it up and puts it on your doorknob, for you to put away, that’s what they’re wanting us to do in the future. I hope that all of you have the integrity to vote no against this proposition, and if they wish to put it on the ballot, let them do so.”

    At 02:12:45, Barbara Thomas continued the admonition, very much in the spirit of Mr. Arnerich’s “dog poop” speech:

    “I would suggest, as an alternative proposal, that the committee you look at be a recall for any councilmember who votes to put any of this . . . stuff on the ballot. And I would suggest that maybe a new Planning Director is in order. Because you’re wasting your time and our tax dollars looking at this again and again. What’s another police officer? What’s another firefighter? I think the people have spoken.”

    The final appellant to speak was Pat Bail, at 02:18:31. To be fair, she did not say anything that would indicate that she did not want a forum to be held. Instead, she chose to focus on what she saw as the negative effects of changing Measure A.

    However, after signing the appellants’ letter and listening to all of her fellow appellants directly and indirectly rail against the very idea of a public forum, it is very hard to understand how Ms. Bail could go on to make her indignant claim, “Nobody said they didn’t want a forum.”

    Comment by Michael Krueger — July 24, 2007 @ 4:38 pm


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