Monday, November 10, 2014

Moonshot Mike loses election, wins soda tax; Peak Democracy wants (and gets) Al Rodbell's opinion

Moonshot Mike Cohen, the eccentric Berkeley politician who sold his Peak Democracy blog service to Encinitas, appears to have lost his bid for a Berkeley council seat.  Some small consolation may be that the soda tax he endorsed has passed.  Yes, having long been known as a focal point of free speech and civil liberties, Berkeley is now concerned with telling people what (not) to drink.

Meanwhile, Mike's blog service has run into some trouble in Encinitas, mainly in that is has been exposed as a complete joke and rife with potential for fraud and abuse.  But a little thing like that would never stop our city leaders from charging full speed ahead.

Take it away, Al Rodbell.  Way away.

36 comments:

  1. Moonshot Mike has given Vina an excellent rating. He's up for review this Wednesday, MM wanted to get a jump on Barth. Shaffer and Kranz.

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  2. Is there anything good to be gained by participating in eTown Hall for somebody who opposes big development?

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    1. There's nothing to be gained by participating for anyone who values their privacy and security, no matter what the opinion.

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  3. If you don't participate your opinions will not be heard will just call it whining as Teddy Roosevelt said complaining about a problem with out proposing a solution is called whinIng.

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    1. News flash: you can participate till the cows come home, but your opinions will still not be heard. The City has its plan and it's sticking to it.

      Best place to voice your opinion and truly be heard is with a resounding "no" at the ballot box in 2016.

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    2. Sounds like Lisa is quoting TR again as a Canadian with no understanding of this great American who made his career FIGHTING corruption! Lisa does the opposite. TR was rejected by his class of Glided Age millionaires for fighting for the common person. Lisa came in as an "ethics teacher" to bring ethics, and has been a complete sell-out to her base who elected her, and is a wart on the academic community at large.

      Same with Barth and her quotes about JFK when they bought the Pacific View site with no plan, no financing, poor information, and threw in an extra half-million for good measure. When JFK was talking about how some people fear change, he was including reckless stupidity in the definition.

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  4. This is just one of a set of consulting programs and other expensive tools that the Planning Department is wasting our money on. The Planning Department requested $400,000 on the Consent Calendar on 6/12/13 despite protest from 3 residents. Our council gave it to them and now they are spending it on things like Peak Democracy and other programs to work against the will of Encinitas voters and to promote the position of staff members. To add insult to injury, we are the ones stuck with the bill!

    Vote "none of the above" or "NO!" for the Housing Element Update in the 2016 election!

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    1. Boy those sneaky planning people. Since, legally, staff must stay within budget, any anticipation of exceeding budgeted amounts must get council approval. In the above case, the anticipated permit activity forecast in the original FY 2012-2013 budget was too low. EsGil, the contracted company that does the city's building inspections, is paid out of fees collected with a percentage going for city overhead expenses. So the action requested on 6/12/13 was to increase the budget to accommodate collecting more revenue than anticipated. City staff can't just decide on their own to use the extra money if it exceeds the expenditure level in the adopted budget. But since the fees pay for EsGil's services, EsGil wouldn't get paid for the work they've done.

      So bottom line there was an increase in building activity that wasn't anticipated in the budget. More fees were being collected so revenue was higher than budgeted. But since the fees collected are equal to the services provided (minus city overhead) the adopted budget needed to be adjusted to reflect it.

      I'm afraid this exposes the fallacy of your conspiratorial mind. Even though planning was collecting more fees due to the increased building activity the original adopted budget didn't reflect it and only the city council can approve the change. This really is a routine action and that's why it was on consent.

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    2. So where is the $300,000 coming from to pay for the Housing Element consultants, Gus?

      Also, where is the document trail that showed that $400,000 was paid to EsGil, Gus?

      NOTHING that costs almost 1/2 million dollars should be on the Consent Calendar!

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    3. 10:59 AM

      As far as the EsGil payment trail you can while away the hours reviewing the warrant register that is included with most council agendas. "NOTHING" (is that you Lynn?). The consent calendar isn't hiding anything. A full report is prepared and the public can request a full presentation with public input. Consent isn't hiding, it's for routine items that don't normally get public input. But I can see if you don't understand what is taking place then you'll be more inclined to want to discuss it.

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    4. Nothing that costs almost 1/2 million dollars should be on the Consent Calendar because our Council should not rubber stamp items that size and consider them "routine." This is a manipulation like saying that Council must vote on items the same night that they are brought forward. It is also the sign of an incompetent City Manager.

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    5. 11:28 AM

      Sorry, you just don't understand what was involved. You also don't understand the consent calendar function. Any council member may pull a consent item just as the public does. And if you've been following the council meetings, you've seen both the public and council members pulling items off consent for a full presentation. Consent doesn't mean rubber stamping. Any item can be rubber stamped.

      By municipal code building permit fees collected must go to the services they are paying for minus the city overhead (most of which are directly related to the building department). So in order to pay EsGil for the services they are performing (for which those fees were collected) the budget must be adjusted. There were no options on where to spend the additional revenue. It's one-to-one.

      So this adjustment is routine. Maybe you'd like to see council meetings last until 2 AM.

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    6. This is way out of line to be on the Consent Calendar. And we do understand the function. Gus puts the dirty stuff on it so that he can fly under the radar!!

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    7. 10:45 AM

      Sorry, but that is total bullshit. You're just demonstrating your ignorance. There are bigger fish to fry than a routine budget adjustment. If Vina said the sun rises in the east some of you would immediately doubt it.

      Can the consent agenda be abused? Sure, but that was not the case here.

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    8. Absolutely it is. How many on this blog think that council should hand over $400,000 to the Planning Department who have wasted millions without a discussion of why they need it or how it will be used? Was it used to pay the avoidable fine from Water Boards for the illegal spillage into Rossini Creek? That was $430,000 that we were fined. Why do these people still have their jobs?

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    9. 2:03 PM

      You just don't get it do you? By state law a fee collected must be set at an appropriate level to recover the cost of service provided. Building and development fees are charged based on what the city believes is the cost of providing that service. You can argue that the city has set fees incorrectly but not how they are to be applied.

      Every budget has a set of projections that are based on prior year experience, economic projects, demographics, etc. In the case of the projection of building activity, the economy was still recovering from the great recession so the city was conservative in their numbers when developing the budget. But low and behold building activity rebounded stronger than expected so the city was receiving more permit and development requests, and hence collecting more fees, then was in the original budget.

      But the higher fees collected means that the city, primarily through EsGil, it's contractor, had more work to do.

      So bottom line all fees collected for building and development permits must be applied to only those functions. If not, the fee will be considered a tax. The money can't be used for things like the Water Board fine.

      Maybe you would rather have the city stop processing permits once the revenue reached its budgeted amount. Remember, this is for all permits including remodels not just new development.

      The council adopts the budget and they are the only ones who can approve changes. The council isn't handing over $400K to anybody.

      I'm sorry but you just don't understand how local government budgets work. Maybe you just don't understand how local government works.

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  5. One of the biggest fears here of Peak Democracy (PD) is the perceived loss of privacy to those who use it. While PD doesn't require verifiable registration, and hence the other major criticism here that it can be spoofed, it does ask that you identify yourself. Many here view that as losing their privacy since the names would be visible to staff and would be vulnerable to a public records request.

    Using the housing element update as an example, anyone who is going to weigh in on this issue in any formal manner will have their identity revealed. If you speak before the council or planning commission your are required to fill out a speakers slip and will probably be on video. A letter or email sent to council, commission or staff will most likely allow you to be identified. I know there are ways to spoof these as well but how seriously will your comments be taken if they don't know who made them? At open houses and workshops there are sign-in sheets which you aren't required to sign but what effect are your comments going to have if made only in passing. And if you believe staff is going to ignore comments made in PD that they don't want hear, you can bet they'll ignore any passing comments at these events.

    So what is your solution? The best I could detect was to elect the right council members but that went down in flames. Some have suggested doing a formal statistically significant survey but that has problems as well. How do you intend on getting the views expressed here before the council without doing it publicly? And why do so many here fear making those view publicly? Potential retribution?

    While we certainly have satisfied out inner seventh grader by coming up with cute putdown names like “Moonshot Mike” and “Peak Propaganda”, I see no viable alternatives here.

    Finally, since this entry depends on Al Rodbell's post, I hope I never have a contract negotiated by him. I'm afraid he just doesn't understand contracts.

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  6. Mike Cohen provided the moniker of Moonshot Mike himself by saying that his ideas were "Moonshots." The last poster is focusing on the name calling and ignoring that this entire process has been botched from beginning to end. Anywhere else, people would lose their jobs.

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    1. Oh yeah, that little paragraph near the end meant I was focusing on name calling. Maybe I should focus on reading comprehension.

      Whether the "entire process has been botched from beginning to end", what is your alternative solution? That's what I was focusing on.

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    2. Our council needs to fire Gus Vina who came in saying that he was an expert in finance and that this would be his 3rd General Plan Update. He also said that he was interested in citizen participation. In all of the things that he used as selling points to get his job, he has had terrible performance. The staff can't be their best with someone like that at the helm.

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    3. 2:01 PM

      So that's your alternative plan? Fire the city manager. Then what? Let's throw in firing the city attorney as well just to get past that hurdle. How should the city proceed to ensure representative input from all sectors and communities in Encinitas? Will this alternative ensure privacy to those who want it?

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    4. Back to 10:24

      "This really is a routine action and that's why it was on consent."

      Please show us other "routine" actions on the Consent Calendar that cost close to 1/2 million dollars if it is so "routine."

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    5. 6:48 AM

      Sorry. I've given it my best shot. Maybe I'm a lousy explainer and maybe you're just too thick to understand. Maybe both but I've wasted too much of my time on this already.

      The additional amount was based on an increase of activity that is largely performed under contract by EsGil. The fee money collected must be used to pay for the services for which the fees are collected. A percentage of the fee goes into overhead for office space, computers, supplies, support, etc. If you have a problem with this percentage then show why this is wrong. But the action here only dealt with increased amounts due to an increase in activity. There was no changes to the fees or overhead activity.

      There was nothing to discuss. The fees collected had to be used to pay for the services required. Nothing to discuss.

      I can't help it if you're so paranoid about all city activity that you just have to weigh in on every action they take. If you're dying to question more why not pull the warrant resgister every week and go through it line by line.

      I'm done.

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    6. Gus Vina runs the city on a bunch of emergency surprises that council has to approve at the last minute or after the fact. This is poor management and stupidity plain and simple.

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  7. Come on 2:01, this isn't rocket science. You know how it should work: open forums with Q&A where everyone may hear the answers together and discuss the city-proposed plans to get things out in the open.

    Instead we're split up by community, into separate areas, where no one benefits from a healthy group discussion, and that's in the workshop settings.

    With Peak, the city is back to its old tricks of divide and conquer, pitting community against community in a sadly-disguised online version of the infamous "dots exercise."

    Cohen freely admits that Peak is an unscientific method of data collection, so why even bother? Many people assume it's all just window dressing, and they'd be right.

    Unfortunately for the city, there is a long track record of the city staff and council working against residents. I'd like to know who in their right mind would think it's any different this time, especially with all the development tax money hanging in the balance? Throw in campaign funds to candidates, and the fix is in. Again.

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    1. Maybe you're referring to me at 11:15 AM

      I agree open forums are good. That's what happened last time. Five individual community workshops (one per community) and then several citywide workshops. Several of the community workshops were lightly attended and I don't think any of them had more than a hundred attendees. The citywide workshops were well attended but even then only a few hundred people showed up in a city of some 60,000. So who is representative?

      I think you can do both. I don't know if the city plans on citywide workshops this time around in addition to Peak Democracy but there is no reason not to. I would even be in favor of a real statistically valid survey near the end of the process to provide a reality check. And of course there will be city council and planning commission meetings. But returning to one of my original points, except for the survey, commenters will run the risk of being known. I have no problem with that but I get the sense that many people here do have a problem with it.

      I don't agree with your contention that "... there is a long track record of the city staff and council working against residents". I think that is a cop out. Just an excuse to do nothing but allows you to continue to complain.

      But I appreciate the response which has so far been pretty much absent. Maybe everyone was too busy yesterday honoring of service men and women (definitely a good thing).

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    2. 11:15 - if you knew my identity, you'd know I do plenty and copping out is the last words that describe me.

      There are five scheduled all-day workshops that start tomorrow and go through next Thursday. Didn't know about them? Don't be surprised...the City does the least it can to drive participation. Just one more example of what built the track record that you don't believe exists.

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    3. "Copping out ARE the last words that describe me." Fergot my grammar for a second there....

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  8. "Unfortunately for the city, there is a long track record of the city staff and council working against residents."

    I agree with that. We need to replace all incumbents and the number one thing to help Encinitas is to fire the slacker City Manager Vina and let him go back to his Sacramento home. He has never been and will never be vested in Encinitas and only cares about his pension.

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  9. Get a city manager and a city attorney on board who are ethical and dedicated to serving Encinitas interests instead of their own personal interests.

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  10. Unfortunately, we just elected more "weak" council members which has been the problem for many years. They all are afraid to question the city manager and continue to kiss his back end. I wouldn't be surprised if they give him another raise.

    Until we have a council that will tackle the hard issues we will stay on the same course that we have been on.

    Until we have a council that will seriously represent the citizens and taxpayers, we will not have any representation.

    We will continue to have a lame mayor who will curtsy, bow, smile and thank you for your valuable input when you address the council.

    I am looking forward to 2016.

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    1. Ah yes, the rallying cry "wait til next year". Or in this case two years. The candidates who appeared to garner the strongest support here crashed and burned. Voter turnout was dismal, as it was for most of the country. It may be that we do have a council that represents the majority of Encinitas citizens and taxpayers. You just don't agree with that majority.

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    2. 1:08 I do not believe for one minute that the majority of Encinitas citizens want more development, stack and pack, more traffic and congestion, more pollution, roads that are full of pot holes.

      If you are one of those, then you deserve all that I mentioned.

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    3. "Unfortunately, we just elected more "weak" council members which has been the problem for many years."

      Then run for council and show us how.

      "... stack and pack ..." , it just sound so menacing.

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    4. 1:35 You go first. I have no interest in politics because I think it is an ugly, dirty profession if you can call it that. The ones who run usually are in for an ego trip, but when they find out no one really cares for them, they go away never to be seen or heard from again.

      I prefer to live off my own money that I work hard for and not off the government, but thanks for your suggestion.

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  11. The nickname for Moonshot Mike is a self-inflicted wound like Stripper Pole Dad's moniker. They both try to get others to do things for their own esoteric reasons.

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