With a 3-2 vote, Encinitas became the second city in San Diego County to pass an ordinance barring retail establishments from providing single-use plastic bags to customers.
The ban will be effective six months from Wednesday for the city’s 80 grocery, drug, convenience and liquor stores, and at city facilities and city-sponsored events. Within 12 months, all other retailers and farmers markets are required to follow suit.
The ordinance encourages consumers to carry reusable bags for shopping, andallowsforces retailers to charge a minimum of 10 cents per recycled single-use paper bag.
Businesses which don’t comply can be warned and then cited, with fines starting at $100 and going up to $500.
Thursday, August 21, 2014
Barth, Shaffer, Kranz ban plastic bags, tax paper bags
Seaside Courier:
Subscribe to:
Post Comments (Atom)
Good, there's no excuse for using plastic bags, despite the fact we've all done it. Go to Trader Joe's or one of the other stores and get a couple cloth bags. It makes your life easier.
ReplyDelete7:09- you are a facist pig- what makes you superior to tell me what I should and should not do? You are a bully. I recycle because I am an adult and it is my choice. I use plastic bags for my kdis lunch, for my husbands lunch, for my dogs poop, to stopre things in the garage and to recycle
DeleteYou gonna come pay my electric bill because I have to wash the scum out of that reusable bag to protect my family?
Stay the away from me and my family. What are you going to decide is "best for all of us" next? Communist
One can be a fascist, or a communist, but not both.......
Delete10:20,
DeleteThey are both authoritarian, and are remarkably similar in many ways. Communists believe the state should own the means of production. Fascists believe there should be nominal private ownership of the means of production (i.e. companies), but they should be controlled by the state and run for the benefit of the state.
Both are anathema to the American ideal of individual liberty and free enterprise.
Interesting: plan should allow for 10 cent purchase of a plastic bag rather than forcing folks to only buy paper.
DeleteA Camel is a horse made by committee and this ban's essence is dromedary. Not well-thought out, wasted the time of asking for another expensive report to the council, didn't like results of paid study so they ignored it, expects retailers to abide by separate policy when state policy is sure to follow and everyone will fall into a like strategy: except Encinitas. This shouldn't surprise us because the council majority claims it is business friendly, but to them they mean that they deign to attend the Chamber mixer every month: in realty they resent successful business owners.
Lisa likes science: what happens when' like Solana Beach, customers flee Encinitas to another city and a 14% drop in sales tax is recorded by the retailers: combined with the incredible new debt-load Kranz, Barth and Shaffer continue to build?
Where's the money to plant expensive fruit trees and water them with expensive water then? Easy, sales tax increase. Yes, there is a method to their madness and it doesn't end well for local residents.
Please explain how a Mom with five children, a teacher, who works 25 miles outside of Encinitas: comes home after a long day and what? Loads brood in the van, everyone with a cloth bag and they all go 'shopping'? before 'only-children' posters, who are not married, single and alone and who embody the goal of this ban: that being that people don't need to use plastic bags because a single person can usually pack a weeks groceries into one or two large cloth bags: if you are not from a large family, or aren't in one daily, please save us the sanctimony. These choices made by the council majority are flawed because aside from the social engineering part of this endeavor, they didn't choose wisely on the final ordinance, because there are several models that make more sense for implementation, long-term observance and financial and environmental concerns.
Every one is a critic, but once again, like spending 10 mil that you didn't have: the collective philosophies, personal histories and overall animus to and lack of coherency in their combined decision-making and resulting product, the ban itself completely ignores specific choices that would have made this reduction more palatable and more successful, but these three are grandstanding, trying to pull Teresa's political 'fat' out of the fire before she says 'Bon Voyage' and relieves the community by leaving the stage.
The cream of the jest is reading the non-sense in the mea culpa newsletters the next day after a city council meeting.
God bless them for continuing to share their thoughts with us.
Enabler Kranz is allowing Lisa and people like Dayna Bochco to pronounce that they have to be 'car-broken', like when commissioner Charis Rhodes commented that the solutions to most environmental problems were solved by people facing the fact of riding a bike to work, except that over 80% of 40 hour a week workers commute out of town to work. Charis missed that part because she was clearly playing 'Angry Birds' during public testimony. No joke.
Like trying to close down restaurants downtown at 9 pm because they personally don't stay up past 9:00 pm, Lisa and her enablers are choosing solutions for us they believe will work but which have no tether to reality nor which are based on study: why? Like leaving cookies and milk out for Santa.
Teresa and Lisa believe they know better than the rest of us: even though they don't ask us or even ask the staff. And when they pay a professional from out of town to advise them, not trusting staff, they rudely ignore them. And there always seems to be a huffy, envy-driven un-expressed derision for the public in their final decisions. Unpleasant.
Classic, I return to see I've been called a fascist. Wow, and we're talking about plastic bags. Are you old enough to remember before you used plastic bags? I am. That's all it is, seeing information that there's a better way, and acting on it. You make a one time purchase of cloth bags for a couple of bucks and that's it.
DeletePeople in this country have become a bunch of mindless cry babies and whiners. Only in 2014 could someone spend hours of their time bitching about plastics bags. Seriously, check yourself and then go take a walk. Think about your statements. Calling someone you don't even know a fascist over plastic bags. It would be laughable if it weren't so sad.
I've never gotten sick over what's in my bags, and yes, I wash them. quit listening to some boogie man media report. They work great, just the way they did before plastic bags.
We now return you to the Paranoid programming you prefer on this blog.
Well I will be shopping somewhere other than Encinitas.
ReplyDeleteThe people I know RECYCLE their plastic bags as do I.
More social engineering by elitists.
@7:25, let me know when you find a place to shop, and I will help you calculate how much extra CO2 your crusade adds to the atmosphere. The first "R" is for "Reduce." Reuse, is second, THEN "Recycle."
ReplyDeleteElitism takes many forms. Look in the mirror.
7:30 Freedom is personal choice, personal choice is act responsibly. Tryanny is a dicator that takes away your personal choice and decides what you need best. Like Uncle Joe Stalin and Mao who killed millions- communist
Delete7:30- I don't need not want your help regarding my carbon foot print, I'm sure the 8 fans you've been using during these hot and humid days adds more CO2 to the atmosphere than my central a/c. Enjoy driving your Prius, just stay the fuck out of my way.
DeletePS- you are an elitist along with Al ( I invented the internet ) Gore but you don't have $500 million, do you?? I didn't think so. One last thing.... Al flies around in a private jet, why don't you spend your time banning those fucking things ?? Oh that's right, both you and he are elitists scum.
Al Gore never said that. Do your homework. If you do it objectively, you'll find that he contributed significantly to the creation of the Internet.
DeleteMarch 9, 1999 to CNN's Wolf Blitzer Al Gore said " I took the initiative in creating the internet" -
Deletewonder how 'snopes spins' reconciles that?
AL Gores father was also a racist. Al Gore Senior along with Democrat and former KKK Klansman Senator Robert Byrd failed to filibuster the 1964 civil rights act. Al Gore senior voted against equality for all.
History- know it.
Maybe you'd like to actually read the Snopes report. It sounds fair and accurate to me.
Deletehttp://www.snopes.com/quotes/internet.asp
Prejudice is often born of ignorance. 5:17, you're rich in both. And for as many times as you've been called out on this blog for being a dumbass, you persist.
Being born stupid can't be helped, but willful ignorance is a sad thing because it's avoidable.
6:16 i watched the video ad 5:17 quoted Gore correct. Also correct is that Gores father did oppose the 1964 civil rights act, siding instead with the KKK Klansman and longtime Deocrat Robert Byrd. Good facts to know.
DeleteYour post on the other hand is name calling. Do you, like Al Gores father side with the KKK and oppose the 1964 civil rights act? If so you will be joining the dumb ass Al Gore senior. Dont expect us to join you
6:16 what's your point- 5:17 had the quote right. Al Gore told wolf Blitzer
Delete" I took the initiative in creating the internet" - Al Gore 1999
Sounds like an arrogant conceded non factual thing to say to me- but then I know the people whop actually did create the internet.
Thanks for sharing how "Snopes Spins" tries to rewrite history but adding lots of their opinions about how and waht we should think. Like WIKILEAKS Snopes is not interested in telling us facts- Snopes in interested in telling us what to think
Conceded. Very inlightening take on history there, genius. It would be funny if it weren't the single most appropriate word to associate with Al Gore.
Delete7:33, you are exactly right, banning plastic bags is the equivalent of murdering millions and millions of people. Moron.
DeleteUpdated history for those of you a little behind the times, Gore is no longer an elected official in our country. He's a private citizen who can do what he likes. We now return you to your outdated tit for tit argument about a rich dude from Tennessee....
DeleteIsn't it kind of strange that in Shaffters latest newsletter she says they cannot make law with regard to the Marr case and then turn around and make law about plastic bags. Seems kind of like a double standard.
ReplyDeleteEveryone mail your plastic bags to Shaffer Kranz and Barth.
ReplyDeleteSometimes ya gotta just protect people from themselves. From reducing shit food menus at schools, to the incredible waste and pollution caused by billions of plastic bags. But note the small print. Reusing a plastic bag is exempt.
ReplyDeleteCan we agree that support of this ban does not equate you to killer of millions communist fascist? There are too many on this blog from all sides who feel compelled to reduce themselves to sophmoric namecalling and flame throwing.
ReplyDeleteI don't support the ban although I personally have a re-usable. Ironically,now when I need plastic bags I can go in the same store and buy them.
A note to some of you: Effective behavioral change comes through education, valid science, and example setting. Laws like this do not change minds.
Cabezon
Kinda like the no weapons policy at the Del Mar fair but they 'll sell you a samurai sword.... Nice.
DeleteLaws like this do not change minds, but then again sometimes it takes too long to get folks to do the right thing. How long can the earth wait for us all to wake up and minimize the negative impacts we're making on it? Yes Encinitas is just one small town, but you know they add up....
DeleteIN China they opened an new coal fired power plant today...they do so every 3 days. Not getting a plastic bag in Encinitas means nothing to the environment...but it sure makes you feels good doesn't it?? and feeling good is more important to old hippies than any other thing in life.
Deletemeanwhile Obama is shutting down coal costing jobs and soon to result in more cost to families and a bigger drag on the economy- making China stronger and America weaker-
DeleteCabezon, please consider the impact of smoking bans on smoking rates and public health. Sometimes laws do change behavior.
Delete9:53 AM
ReplyDeleteYes, it all adds up like the 1986 Berkeley declaration of a nuclear free zone.
Or the Encinitas council sending a letter against "assault weapons"!
DeleteThe 10 cent fee on paper bags that goes to the store owner is a gift of public funds, a tax without representation, and an unholy alliance to increase the profits of a private business.
ReplyDeleteLooks like I'll be shopping in Carlsbad
ReplyDeleteI believe the earth is flat and pigs will fly PLASTIC BAGS ARE BAD FOR EVERYONE you people are either not listening or very slow learners
ReplyDeleteWhile we're on freedom, why can't I buy a new car without bumpers, seat belts, anti-lock brakes, headlights, turn signals, mirrors, or air bags?
ReplyDeleteWhere's my freedom to buy a death trap?
(hint: the answer is the same as the bag restriction)
10:46 AM
ReplyDeleteThe earth may be flat and pigs will fly but that is no reason to require a mandatory 10 cents charge on paper bags.
The Encinitas City Council does not care about the environment. This is just another way for them to rule over us. I told them if they really care about the environment, then Mr. Sabine should sue Monsanto. One town got $93 million because they proved their town was poisoned by pesticides and contaminated with GMO pollen. I told Mr. Sabine if he loves money so much, he should use that motivating force to do good things with his litigious hand rather than bad thigns. ;)
ReplyDelete10:50: You haven't tried to buy my car.
ReplyDeleteWhat will the pet owners use to pick up their dog's "poop" when the plastic bag ban becomes effective? I have a feeling that it won't get picked up and all of you who want to keep the environment clean will now have a bigger problem.
ReplyDeleteI resent that we will be charged 10 cents for a paper bag. They should be paying us for shopping at their store and paying ridiculous high prices for their food.
The ban exempts produce bags, so you could go to the produce section and grab a bunch of bags and then use those for your groceries. Plus they make perfect dog poop bags.
DeleteBut the produce bags are thinner, so you'll want to triple-bag any groceries you carry with them.
Thanks EU. My mind is now relieved.
DeleteWC is right, if you don't like the BIG cloth bags, get the produce ones. You'll all survive, the same way you survive $4.00 gas, traffic, year round schools etc.
DeleteJeez, we've really jumped the shark on this blog. Going to celebrate my freedom to pick up trash..
-MGJ
11:38 AM
ReplyDeleteDon't just resent the 10 cents charge. Complain to the council. Before plastic bags stores provided paper bags without the 10 cents charge. Granted a charge of 1-3 cents for each bag was probably incorporated into the cost of the groceries. Trader Joe's only uses paper bags. Are customers now faced with a 10 cents per bag charge at Trader Joe's?
11:54- Good question. Why don't you ask Lisa who seems to know everything?
ReplyDeleteMeanwhile in Oceanside...... They have approved back in parking for the design of their new streetscape. Oceanside moves forward and encinitas bans plastic bags.... But Oceanside didn't elect a super hero to their council did they???
ReplyDeleteMayberry by the Sea.
I'll take our reps to pinheads like Fellien, Feller and Kern. Talk about being massive development's best friend....
Delete12:46 PM
ReplyDeleteSolana Beach removed their back in parking. In Oceanside there is parallel parking across the street.
SB did it wrong.....
DeleteMBTS
Right now there is a woman begging in front of the Encinitas post office with a sign "Lost job, have kids". I rarely give to beggars but she had a humble look in her eyes that said it was all about her kids. When I gave her some money she had such a look of gratitude I was blown away. If you have time to post here you probably can go give her a dollar or two. You will feel good helping someone truly in need.
ReplyDeleteyeah you're a real a saint, feel the need to come brag on this post how great you are, and then critize others as well. Or maybe you are just a troll making things up.
DeleteGee get all jumpy. Forgot to mention she had a bag in tow so it fits the topic. You sound miserable.
DeleteHi Dr. Lori Green,
DeleteThanks for sharing your good deed. Did you give her a whole dollar?
That lady's there every week, don't give her the money. She usually has the rather well dressed kids as well.
DeleteI too gave them $ at Xmas last year, only to find they're out their working it every week. Sorry to have to put that, but I go the PO a lot....
A10 cent a bag on a tax is illegal without a vote of the people.
ReplyDeleteThe state Supreme Court has OK'd similar bag laws elsewhere.
Deletehttp://www.sfgate.com/science/article/S-F-s-plastic-bag-ban-clears-last-legal-hurdle-5408527.php
I don't know if any specifically raised the 10c tax as an issue, but presumably someone would have if they thought they had a case.
The city is taxing the residents to give to a private business. Something wrong with that scenario.
DeleteWhat's the big deal?
ReplyDeleteI've been using large reusable bags for years. They were cheap to buy, and they're made from recycled/recyclable material.
I didn't need a City ordinance or a State law to mandate not using those big, two-handled bags that a lot of stores use, often unnecessarily.
My environmental consciousness told me to use as little plastic as possible and then to recycle what I do use.
It's called responsible adult behavior.
I support the ban. 10 cents for a paper bag if I forget my re-usable? Easy to cover. Our collective consumer habits incur costs that many of us are unaware of and too often unwilling to acknowledge. A push is sometimes required. I suppose I am an elitist fascist commie scum now.
ReplyDeleteYup.
DeleteI support it as well.
ReplyDeleteUnfortunately most people are dumb as hell and need to be told what to do.
Either that or we should be able to dispose of them easier.
PS - I meant dispose of the dumb as hell people not plastic bags.
DeleteWouldn't it be nice to rid the area of dumb as hell people?
Amen, and well put. It's not that big of a deal.
Delete-MGJ
Where I grocery shop, more than half the customers can't walk a few feet to slide their carts into the cart caddy. Instead, they leave them between cars or jacked up on a tree curb out in the parking lot.
ReplyDeleteThose are the same people who object to a plastic bag ban and don't recycle those they use.
I leave my shopping cart in the disabled space... Forces them to get out of their car and move the cart. It's good excercise.
Delete6:04 that is a lie, i use recycle bags......................and I return other peoples carts- by my choice.
DeleteYou are a nazi telling others how to live, maybe you should stop the bullying and hate and exercise your right to choic, not dictate
Yes 6:51, Nazis were only concerned with ruling over the day to day details of suburban life. Nothing bigger on their minds, for sure.
DeleteMoron.
6:51-
DeleteYou sound like a victim welfare recipient.
6:51 Sure, your post is a model of civil discourse and polite, considerate behavior. I'm certain you're a respectable member of the community and a veritable paragon of virtue.
DeleteThe arrogance is astounding- who are any of you to claim to know what is best for another person? Were you to claim I support this ban as I think it is good- so be it. But to state that other adults are incapable of making choices for themselves and that in your arrogance you need to save them from themselves is scary.
DeleteWell, let's see, there are stop signs, traffic signals, crosswalks, speed limits, etc. Aren't those some people telling other people what they think is best?
Delete10:21- running a stop sign and killing someone is murder- choosing to use or not use a plastic bag USED to be a personal choice
Deleteunitl Lisa "I have not ethics and lied on Prop A" Shaffer played queen in trying to raise our taxes and tax our chosen quality of life
Damn straight on the carts. Where has responsibility gone. People routinely leave their carts in the handicapped zones.
Delete7:20, you're a moron if you think this has anything to do with Nazi Germany. That's a bogus comparison when you're putting the wholesale slaughter of millions of people with a plastic bag ban.
Shame on you.
9:54, get a clue.
DeleteLove, 7:20
Could this blog get any more nastier? I'm sure it could. Even La Rosta has some rules of civil discourse, and that is saying something.
ReplyDeleteFUCK THIS! THE NERVE TO FORCE A 10 CENTS CHARGE. ASSHOLES
ReplyDeleteIf you go all caps Tourette's Syndrome over plastic bags, your heart is going to pop like a zit by your 40th birthday.
DeleteGood luck finding someone under 40 on this blog, lol!
DeleteYep. Now I get to use my Salmonella infested slave goods made in China bag to get my groceries.
ReplyDeleteYou forgot about E Coli. And now I have to waste water to wash my grocery bags weekly. And now I have to buy more petroleum based bags for my house as I used the plastic bags multiple times. Not to mention to pick up dog crap. THIS IS RIDICULOUS.
ReplyDelete8:29 Evidently, you haven't read the ordinance. That's why you don't understand what it says and why you made your totally ignorant comment.
DeleteBunch of baby whiners. There are people in this world with much, much bigger problems. Having to recycle or pay ten cents extra is what is known as a "first-world problem." Whiners shaddup.
ReplyDeleteJust tell the bagger to put right back in the cart then take it to your car and throw it in. No bag needed.
ReplyDeleteOh yeah...HARRUMPH!!!!
I don't need no stinking bag. You folks are wussies.
ReplyDeleteWE NOW OFFICIALLY HAVE A NANNY CITY!
ReplyDeleteLisa and Tony next want to limit our vehicles to one per residence.
ReplyDeleteLisa Tony and Barth also want to put black boxes on our cars and begin taxing us for where we drive and when we drive
Deletethere is only one mayoral candidate who has the balls to stand up to gus vina- and her name is Cameron (Fidel has a set as well, a bit more junior though)
11:52,
DeleteDo you have a source for that? While it's true that Lisa and Tony are liberal Democrats, and Democrats running the US Senate and states like Oregon and Illinois are pushing for government black boxes in private cars, I don't believe Lisa and Tony have ever publicly endorsed this idea.
http://articles.latimes.com/2013/oct/26/nation/la-na-roads-black-boxes-20131027
EU- you are correct, there is no official record they support the black box tax- I speculated in sarcasm and should have been more clear.
DeleteMaking small efforts to improve the environment we all share does not make anyone a nazi, nor our city a nanny city. People, you can still have plastic bags. You can still get those rolls of doggy doo bags at Petco. If you want to call me names, go ahead... histrionics just weakens your credibility.
ReplyDeleteThe first time I went into Dixieline® ever (in at least 2-yrs) I managed to "play-off" not being offered a plastic bag at check-out as "normal", just like I was a Solana local - but inside, I felt "how rude!... they didn't even ask me if I wanted a bag, so then at least I could have refused a bag and felt better about myslefl... those ugly Solana Beach so and so's"...).
ReplyDeleteBut after I left the store with my purchased stuff in my pocket, I felt like a kid again. Let's face it people, and I'm loathed" to admit it..... but Solana Beach comes from a deeper gene-pool. You know it and I know it. They are so stepped-ahead of "Encinitians" that they don't even allow the U-T to throw the "Solana Sun" newspaper and "Community Values" clear bags of advertising on their driveways, every week since June 20, 2014, to sit and rot until Mother Nature returns the paper and plastic to earth, aided only by dog walkers who use the plastic bags for litter... but leave the paper to the wind! No sir.
••••••••••••••••••••••••••••••••••••
Across the border in Encinitas:
ALERT! Aug. 22, 2014 • Today's "Encinitas Advocate" now has a RUBBER-BAND around the folded tail-end of the plastic bag. Clearly the U-T is continuing their Paper-Isis™ attack on Encinitas city streets.
Wtf???
DeleteIt's doubtful that the City will have it's new Litter-Law in place within a week, so I'll be back at city hall for Oral Communications, Aug. 27, 6 pm, with the same U-T board of directors photos, and distribution footprint map, for the two (2) weekly throwaway's: The U-T clear-bagged "Encinitas Advocate", and it's ballooning bag partner, the "Community Values" (Ortho-Mattress headliner) collection of 1-800 advertising.
ReplyDeleteMy presentation was cut-short by my inability to talk, press the correct button on a remote, and speak into the microphone, all at the same time. I crashed and burned (twice now). Third's the charm, because I'm going to ask for "Helpdesk" to do the slide-show, while I read from a 3-minute timed script. Yeahhhh buddy!
Wtf ?? Are you a loon?? Why not just place all that shit in the recycle bin. Be thankful I'm not the mayor, I wouldn 't let you speak.... Ever.
DeleteThe only thing you've gotten correct is that SB is light years ahead of Enc, that is true. Most of what you wrote makes no sense at all. ( deep sigh). So sad.
But what should I expect from Mayberry by the Sea ....
1:56 - wouldn't let Mr. Perry "speak.... Ever."? Good thing you're not up on the dais...there's this little thing called freedom of speech that even Sabine stood up for against Stock's suggestion that a speaker be stopped.
DeleteOr perhaps, 1:56...it occurs to me...you may be living in the wrong country. Yes, that's it.
We'll of course he's allowed to speak but as mayor I would listen to a word he says . Shit, he can barely write what he wants to say ... By his own admission he's failed twice. Those fucking meetings go on too long as is, and people want to waste more time ??? No thank you.
DeletePot calls kettle black. 8:56, you can barely write.
DeleteI liked what he said. Well done.
ReplyDeletehttps://weedmaps.com/dispensaries/california/ocean-beach/green-nectar-8th-4g-32g-oz-2
ReplyDeleteHalo OG (She don't lie.)
Extremely Potent Night-time Strain. Calling Master Chief! The genetics of Halo OG can be linked to the potent night-time mixture of Tahoe OG and Larry OG. Yes, this batch was really lab tested by SC Labratories at an insane (mind-blowing really) 30% total THC, .6% CBD, and .3% CBN. With a THC percentage so high (keep in mind the average max THC used to be ~20%), patients can expect a huge increase in appetite. Literally minutes after puffing Halo OG our stomachs began to growl. Great for people suffering from stomach issues or eating problems.
Hic!
ReplyDeleteIf anyone out there wants to run the slide-show using the remote control at the next meeting, I could use the help.
The photos are a montage of U-T managements photo-profiles and invasion plot-maps for Paper-Isis-ing™ North County with bagged trash. The U-T's advertising rates that they charge retailers and the profit made by the U-T by leaving the papers to rot where they fall.
If you'd like to run the overhead projector, you'll need to be at city hall by 6: pm on Wednesday August 20th. my email address is kperry@vintagetwin.com/ THANX!
Now that I can get behind. Trash papers are bogus...
DeleteLooking at the dates, don't forget your time machine.
DeleteAnd keep it on the down-low.....shhhhh...La Jolla's Prospect Ave. is an eternal log-jam, with L.J's biggest beach access being La Shores - and all "up and down" walking like San Francisco. You're going to get a work-out every where you go.
ReplyDeleteSolana Beach has Seaside Reef, but the northern peak on a left, might actually be in Cardiff. The guy that owns the V-G Donut center kept it one-story. Cardiff had the beach boat launch at Georges restaurant. There was one at Seaside. There's still a cable-gate at the Chart House if someone needed to launch something. Nobody's ever had a bad taco at Las Olas,
La Jolla had Jurgensen's. Now? dunno. But we still have Cardiff Market.
So, is Cardiff-Encinitas what Las Jolla use to be when Gregory Peck lived there in the 1940's? I moved here in 1965. Prospect Ave. was still a log-jam then.
I'd submit that Cardiff has to continually protect itself from outside interest [like special-K foot races that block streets for profit, even for a non-profit, organizers from (other states, even) get paid first, doll-face :) ] - outsider interest that see us as a "sleepy little group of towns" that are ripe for corporate plundering, whether it's to self-promote a newspaper "empire" through buying up all (8) little city newspapers, and then begin "quoting" from those little (and U-T owned) publications - and placing the "quotes" randomly though issues of the U-T S.D. dailies, to create an image for the duped-readers that all of the little newspapers are separate entities - which we now know they are not. Owned! by the U-T San Diego.
Koo koo
DeleteKoo koo
Ban the bags - FINE!
ReplyDeleteCharge me 10 cents for a paper bag - BULLSHIT!
12:00 pm. Are too retarded to bring your own? Then you can use all the plastic bags you want for as long as you want.
ReplyDeleteNow isn't that easy and your problem is solved for as long as you are on this planet.
No BS, no 10 cent charge for paper bags, just you being responsible for yourself. That couldn't be any easier.
Surely you are able to do even that small task without exhibiting the lack of vocabulary that is evident.
I am glad I have provided a solution to your quandary over the plastic bag ban. You have six months to a year to save all the single use bags you can and you will be set for life such as it is.
Sunday 8-24-14 • The U-T still throws the Encinitas Advocate on the ground on Fridays. I counted 27 in the dirt or street or still on driveways from last Friday. And, about 10 "Community Value" (Ortho Mattress Labor Day sale from Aug.16th) clear-bags of trash. Once the corporations have their fangs set-in, they're apt to not let go - and then it will be without one word of apology, just a foiled opportunity in "Papa Doug's" plan. Sad really. Some guy.
ReplyDeleteSunday 8-24-14 • The U-T still throws the Encinitas Advocate on the ground on Fridays. I counted 27 in the dirt or street or still on driveways from last Friday. And, about 10 "Community Value" (ortho mattress Labor Day sale from Aug.16th) clear-bags of trash. Once the corporations have their fangs in you, they're apt to not let go, and then it will be without one word of apology, just a foiled opportunity in "Papa Doug's" plan. Sad really. Some figurehead.
DeleteThe Encinitas Advocate should be mailed to the people that want to receive it, just like the U-T's, La Jolla Light; Rancho Santa Fe Review; Del Mar Times; and Solana Sun... All mailed to homes and P.O. Boxes, but not the Encinitas Advocate, it goes to the ground.
With all do respect Mr. Perry, are you new to Encinitas? Everyone knows that Glen Sabine is a contract city attorney and the other city he is contracted with is La Mesa. He is way over the top to the point of attempting to limit 1st Amendment rights and will intimidate citizens if necessary. He did so to a La Mesa man and it ended up quite a fiasco in La Mesa. Beside not knowing much about Sabine, what is it exactly you want us to know? I am a bit confused by your posts. I think I get it. You don't like Doug Manchester, you don't like the newspapers wrapped in plastic, and your want someone to do something about it. Is that about right? If so, what, pray tell, do you want us to do besides help you with your powerpoint slide?
ReplyDeleteHello to whomever,
ReplyDeleteI am new to Encinitas politics. The last time I was in city hall was when it was a breakfast booth in the Mayfair Market. I don't get out much.
• What I wish for is that the U-T cease throwing the weekly's, "Encinitas Advocate" and "Community Values" clear, plastic bags of paper on the ground. • And, a "Litter Law" in Encinitas that prohibits throwing any sort of non-solicited paper or bags of paper on to the ground, and not picking them up at all. - that is a definition of "litter".
• "If so, what, pray tell, do you want "us" to do besides help you with your powerpoint slide?" - If you're representing the city of Encinitas, then I'm waiting for an email from Kathy Hollywood that will contain Abraham's email address, so that I can confirm that he will in fact turn the photo pages on margin cues in his duplicate script. And, those logistics will take more than the couple of minutes he afforded me on 8/20, when in fact I was present at 5:45 p.m and sat around in the meeting room - until he walked over and retrieved me for a cram-course on the remote that had a harmful laser pointer, to wit, I'm pushing the button saying "whut's this!" as it almost burned a hole in the podium.
• So yes, I'll need to confirm on Abraham what time he wants me there to review the material, to convince the city council that Encinitas has grown, is just "built-out", and now needs a "Litter Law" (with breath-taking fines) to stop profiteers of all stripes from dumping and re-dumping bagged trash on properties. What would be bad about that?
••••••••••••••••••
DeleteHi Mr. Perry,
I communicated with Kathy Hollywood and wanted to confirm that I will be able to help you with your presentation. I will be able to follow your cues to move your presentation along from another copy of your speech. Please remember to come in before the meeting so that we can coordinate everything. Thank you
Abraham Negash | IT Technician
City of Encinitas | Information Technology
505 S. Vulcan Ave
•••••••••••••••••
Cool. :-)>
I'm with Mr. Perry on this issue and applaud his efforts for bringing forth this issue to the council.
DeleteAs much as we have harped on plastic bags and now a ban on those bags coming soon, it only makes sense to ban the trash and litter created by these newspapers (Doug Manchester, owner). I am not happy about picking up the trash they choose to leave in my driveway (against my wishes). I don't read it, don't intend to read it, and it gets tossed out. If I am out of town for any length of time, I can not expect my neighbors to pick up my trash. We are easy targets of home burglary if someone sees these pile up in our driveways.
So, please council, listen to Mr. Perry and the rest of us who are concerned about this unfortunate waste and "litter".
We all are trying to keep Encinitas clean.
That's the way to do it Mr. Perry. COuld on you. When will you be presenting? Remember you only get 3 minutes so practice what you want to say. The Council gets irritated at people who ramble on and on. Just ask Lynn. That is one of the many reasons she is in the trouble she's in regarding her property. Of course, the other reason is, it's just plain wrong of the City to carry out this ridiculous vendetta.
ReplyDelete10:22 One would have to have extremely good proof that the city is carrying out a vendetta for the Marrs. It seems to me that there have been several attempts on the city's part to try and work with these people. All they have to do is comply with the current code regulations, as required by law, just as the rest of us are required to do.
DeleteThe Marrs could save themselves tons of stress, heartache and money.
Thanks for the input. I'm hoping that the city has already passed a "Litter Law"? I emailed Code Enforcement and left a message this morning, asking them to let me know if there is an ordinance already in place.
ReplyDeleteI'll speak at Oral Communications on Wednesday, Aug. 27, 6 pm (give or take), but it's easier to write and be heard in two-dimension on a blog, then it is to actually have to listen to me speak - because I can not sing on-key and have retained a Texas-twang, that I can not shake. So, my speech is "flat" and combined with the "nasal twang", it's just about like listening to fingernails being scraped down a chalkboard, but hey!, whatchgonnado?
I'll try and "burn through" my 3-minutes without too many, "But...I's....Well I's, G-whiz...I's. There's still one more day before Wednesday, so let's hope the staff is working overtime on a litter-law, that will re-direct me from speaking.
However, if I don't hear anything back from Code, I am prepared to present a slide-show with all the players involved in these unwanted "litter attacks".
Code Enforcement called. There's been no new litter laws created.
DeleteSee Wednesday night. :)
Kirk, as I see it you could 1- place the tossed Advocate in the recycle bin or 2- do what thousands of people did about cigarette butts, collect them then mail them back to their originator. As in the case of cig butts that would be Philip Morris as for the advocate Doug Manchester. Mail them c/o the UT in mission valley. Drop them wrapped in brown paper w/ o postage , ol' Dougie Boy will pick up the costs.
DeleteSee?? I'm saving you valuable time and energy at the council meetings. You can repay me by leaving a Texas bottle of moonshine at the back door of the a Corner Frame Shop. Moonshine sure is good. ( I'll make sure those Frame Shop peoe don't drink it ..
The State voted down the plastic bag ban. Vote: 37-33
ReplyDeleteI believe it was Muir who said he would vote "NO' on the plastic bag ban at the meeting last week because the State would be passing it. Didn't happen, did it?
DeleteMuir's and Gaspar's artificial reasons for voting against the plastic bag ban were amusing. They had to be very imaginative to justify their Nay votes when the real reason was to satisfy the people they're beholden to.
DeleteThe single use plastic bag reminds me of the seatbelt laws. I don't like government telling us what we can and can't do, but I'm already carrying my own bags and forgoing plastic bags most of the time and think common sense says we should be shopping with our own reusable bags most of the time already. I hope the resistant is at least coming from dog owners who actually do clean up after their pet with the bags.
ReplyDeleteMost of the countries I've been to don't hand out free bags (heck, some times they don't even bag purchases for customers - Japan and its oh-so-adorable package wrapping being a major exception). So despite the personal liberty issue, its kinda hard for me to get my knickers in a twist about the bag ban.
Just about everything sold in Japan is radically overpackaged. Theirs is much more of a consumer society than ours. That's saying a whole lot.
DeleteFrom Liz Sterling. She wrote an article in the Reader about the U-T's throwawy trash. Freedom of speech has been the anchor, but the term "delivered in the traditional way", bears scrutiny.
ReplyDelete• Traditional women weren't allowed to vote. That tradition changed.
• Traditionally blacks and whites were segregated. However that tradition changed.
Council May Mull Driveway Flyer Limits
LA MESA -- The City Council meets Tuesday afternoon, but the agenda suggests this could be a relatively short meeting.
Councilwoman Ruth Sterling has brought up a subject that should warm the hearts of many homeowners. She is asking that the city attorney investigate the city's authority to regulate the distribution of free and unsolicited flyers on the lawns and porches of private residences.
Sterling points out that such flyers can help burglars identify unattended homes and lead to litter in the neighborhoods. However, this issue has traditionally run up against First Amendment concerns as "political and newspaper messaging occurs this way".
A city council can over-ride that, by requiring the U-T come back and pick-up all the leftover copies of the U-T's "freedom of speech" campaign?
Are we talking about "freedom of speech" or littering?
My speech for tonight. Saves you having to listen to it:
ReplyDeleteGood evening all,
• (first three images)
I’m Kirkland Perry, a resident of Cardiff/Encinitas, and since June 20th. “Papa” Doug Manchester, chairman of a limited-liability real estate corporation, called MLIM, and his “senior leadership” group have been throwing their U-T San Diego bagged trash, onto Encinitas residential property and leaving it on the ground. The distribution maps illustrate his blanketing approach to nine (9) zip codes in San Diego County.
The U-T mails their Rancho Santa Fe Review to homeowners, and mails their Del Mar Times to homeowners, and mails the La Jolla Light to homeowners.
So why not mail the Encinitas Advocate to homeowners like the other three get mailed?
• (begins bagged-paper photo slide show)
Remnants from July’s, Encinitas Advocate and Community Values, still remain on the ground today, as well as papers that have been relieved of their clear bag, by dog owners who forgot their litter bag at home, but then leave the papers to blow in the wind.
This is littering by Doug Manchester - a person who’s past and present interest is real estate. His trash impact’s property values “curb appeal”, and he’s hiding behind the First Amendment covering freedom of speech, but that’s not freedom to litter.
• (Ruth Sterling photo)
La Mesa, California has been dealing with the same litter problem.
In a S.D. Reader article on August 12, 2014, Councilwoman Ruth Sterling ask their city attorney Glenn Sabine, who is also our city attorney, to investigate the city's authority to regulate the distribution of free and unsolicited flyers on the lawns and porches of private residences.
In a Reader photo, Ruth Sterling held up U-T ad-bags, saying, “not only do the papers create blight - the accumulation of these papers when residents are away for extended periods “creates” security risks as thieves realize no one is at home.”
However, this issue has traditionally run up against First Amendment concerns. So lets review the first amendment:
Freedom of Speech does not mean leaving your speech paper on the ground for nature to absorb.
How’s the La Mesa problem being remedied Mr. Sabine?
Is Encinitas preparing a “litter law”, and when?
The meeting went well. My presentation too. Glenn Sabine was cordial and had done some investigating, since my last two presentations. He found that state's chapter 11.2.4, or 556 and 556.1, specifically deal with discarded plastic, boxes, and everything but "paper" or "periodicals". Glenn said a case involving Van Nuys Publishing vs. The City of Thousand Oaks, which has one of the strictest litter-laws in California, was reversed Oct. 18, 1971, by the Supreme Court, Tobriner, J., and held that the city of Thousand Oaks had said that no person may cast, throw, distribute, scatter, pass out, give away, or deliver any handbill, circular, newspaper, paper, or other printed matter or advertising literature at any property without first having obtained permission of the owner or adult resident or occupant thereof was unconstitutionally overboard in that it went substantially beyond what was necessary to achieve the city's anti-littering objective."
ReplyDelete•••••••••••••
(11) more pages of the decision goes into detail about how Thousand Oaks erroneously went about the construction of their anti-litter law.
The language: "beyond what was necessary to achieve the city's anti-littering objective" lends me to think, that another approach could be made by Glenn Sabine. He is working on it, and the city will contact me when they have made some decisions. But, not one of the city council seem to want the U-T bags of trash thrown on the ground any longer.
Teresa Barth suggested that the Encinitas Advocate be mailed to residents, just like the U-T does for the La Jolla Light, Del Mar Times, and Ranch Santa Fe Review. Good idea. Who are we chopped-liver?
I'll just say this about the Thousand Oaks written decision. On page 2 of 7, "the city's present broadly phrased, anti-littering ordinance cannot be squared with established First Amendment precepts."
Well then, we need to narrow a focus on those who litter, or those who handle written materials irresponsibly, so as to cause litter. "The city of Thousand Oaks has by the instant enactment, undertaken an extensive interference with distribution and circulation of all types of written material, as such exhibits the familiar unconstitutional vice of "overbreadth", proscribing constitutionally protected activity along with"littering".
We'll see about that.
There are court case references that refer to "litter", no more recent in California, than circa 1971, Thousand Oaks vs. Van Nuys Publishing, and some across the country dating back to 1939, but nothing else.
ReplyDeleteWere Glenn Sabine to craft a "litter Law" that pin-pointed the perpetrators ("perps") and a the "irresponsible paper throwers" instead of all things thrown from cars, then Encinitas would have a "law" on the "books". And a legal means to stop "professional littering" in California, if it can withstand a reversal from the Supreme Court.
Hang Ten
Doug Manchester's "U-T plan" hatched. Friday, 8-29, Doug Manchester delivered is 24-page "Advocate" to the ground, to all unsubscribed residents (like the entire street). Only this time, and for as long as are throwawy's allowed, he's added a 20-page, Pacific Sotheby's International "Extraordinary Properties" insert of homes ranging from $780,000. to $39,000,000.00 for the Craig beach cottage.
ReplyDeleteA token Cardiff residence is listed for $524, - to $529,000., to keep the "appearance local". And the entire plastic bag of advertising has now ballooned to 54-pages total.
What doesn't get picked up remains as LITTER along with another 48-page bag of "Community Values" thrown this Saturday morning (14 pages of those are loose 8x10 color-sheets that will hit the wind as soon as a dog-walker removes it bag and leaves the paper on the ground. A total "paper dump" of 44-pages = 54-pages = 98-pages of plastic bagged trash in Encinitas, every week until he's stopped. And Encinitas isn't the only community. Manchester dumps paper on the ground all the way to Valley Center.
If Doug Manchester's real estate corporation is allowed to continue, "developer money" will ruin this area. If not Manchester, the another will step up, until this place looks like Newport Beach and packed to the gills with people.
Step up or not. Manchester twist the news to serve his personal agenda.
Go to any small city in America and read their news. Compare them the next time your out of town, take the morning U-T with you. The U-T is all about Manchester's ideals. Boo!
I get it now. The last Supreme Court, Calif. reversal was in 1971. The court said the language in a Thousand Oaks ordinance was to broad and would have included paid subscriptions to newspapers, for one.
ReplyDeleteDoug Manchester is only interested in testing an Encinitas "Litter Law" - all the way to the Supreme Court - and no pressure on Glenn Sabine, "All" he has to do is craft a litter law that includes unsolicited material from: *Lawn Service "rock bags w/ business cards, distributors of unsolicited advertising, or newsprint material, plastic-bagged, paper-sleeved."
This is what the Supreme Court meant when they said the pre-1971 ordinance was to breadth (broad and all encompassing, and a violation of free speech).
I wish Glenn well. During the time our litter law takes effect, there will be no U-T paper throwaway's, for at least a full year.
Give the public 6-months of "Manchester-free" trash, not to have to look at every day - and then let him try and resume his "throwaway" material and see who squawks. His "power over our streets" is only a public opiate, if he doesn't let up from delivering 2-bags weekly.
* Lawn service gets a call from code, and tells them not to do it anymore or risk a fine - and pretty much that's taking care of the problem. If not fines increase. A small shop can not afford fines.
Phone companies are contracted to return the next week to pick-up old copies from the driveway. Postal Service Area told them Not to put phone books next to rural mailbox poles. Only on driveways. Doug Manchester's using the last loophole available to "paper tossing and leaving."
Once again, Councilmember Lisa Shaffer is out in the community pontificating during this election season about the real meaning of Community Character which she describes as being "about kindness, integrity and open minds." Let's consider each of those three words as they apply to her to see if she stands the test of what she says.
ReplyDeleteKindness - This is the same woman who goes around spreading false rumors about City Council candidate Julie Graboi belonging to the Tea Party and a denier of global warming. What a lie and such an insult to Julie. Does this fit your definition of kindness? Not mine!
Integrity - Yes, Lisa really is overflowing with integrity. After all, as a candidate for our City Council, her campaign was all about how she supported Prop A, the people's right to vote initiative, but as soon as she was elected to our City Council she turned her back on all of her supporters who put her in office and decided that Prop A was wrong and voted against it. Is this your definition of integrity? Not mine!
Kindness - Lisa seems to like to tell everyone else how to live their lives in her weekly newsletters and really does not live her own life that way. She must just love to see her words flow off the page because she never runs out of things to say. Do as I say, not as I do is quite fitting for her.
Why is all of this important to us who reside in Encinitas? For one reason, she is supporting Blakespear for Council and if Blakespear follows in the path of Shaffer (birds of a feather), we will really be in trouble because we will never know for sure how she will vote on serious and important issues that effect our lives and the future of Encinitas. I'm serious! If you have been following this campaign, you can never tell which side of any issue she is on.
Please give thought to what has been said above and keep three words in your mind as you think about all of this: Kindness, Integrity and Open Minds.
Oops! Lisa left out the word TRUST. Was that just an oversight?
An update from La Mesa's "U-T throwaway "Ortho Mattress" clear-bagged trash from Liz Swain:
ReplyDeleteThanks for the kudos about my story. I appreciate your offer to keep me informed about what's going on in Encinitas. I saw Ruth Sterling at a Sept. 18 La Mesa candidates forum and she was delighted about your offer. She said that nothing would probably happen until the city manager returned. I think he's on vacation.
I did a story about the forum for the Reader (not yet posted), had some other things on my to-do list and am now catching up on e-mail. The littering issue isn't on the Sept. 23 council agenda. I'll let you know if anything is said during public comment.
In case you didn't see these, here are links to news of interest. The first link is to Don Bauder's 9/18 story about the rumored U-T sale. The second is confirmation of interest in the sale:
http://www.sandiegoreader.com/news/2014/sep/18/ticker-emu-t-san-diegoem-sale-again/
http://www.sandiegoreader.com/news/2014/sep/20/ticker-burnham-confirms-emu-tem-takeover-bid/
I'm glad your vacation was fun. I'm enjoying the cooler weather in La Mesa.
Liz
As suspected, Doug Manchester's pumping-up his distribution numbers by throwing two bags of newsprint (white) trash on everyone's driveway and planter box. We used to be officially on the U-T's "do not throw" list. Not now, everybody's getting pelted with them. Full throttle - selling the U-T "name" and "blue sky" to Burnham below, who seems somewhat bewildered by not being able to actually purchase the property the U-T now sits on.
ReplyDelete"I uh... does that men we're just gonna be Doug's tenants?,,,,, wha'll wait-a-doggone minute here Mildred.. I didn't sign-on for all of this....."
:) :) ..... Bailing on the Dago scene.
http://www.sandiegoreader.com/news/2014/sep/20/ticker-burnham-confirms-emu-tem-takeover-bid/
9-24-14
ReplyDeleteWe've been on the trail of Doug Manchester's two-paper, plastic bag weekly toss of "white trash" on the ground, and leaving it to rot, or "be absorbed by mother nature" - since he hatched his paper-Isil campaign on June 20, 2014. There's still dirty, flatten, bags under the weeds now, from his first assault on Encinitas, and San Diego county. But boy-howdy are all the politicians MUM about the issue today. Boy-howdy, boy-howdy. Speaking "green" out the front door, and throwing plastic bags of paper paid-advertising (two mind you) out the back door. How does that compute?
Joan from Encinitas code division emailed city attorney Glenn Sabine this morning for a progress-report. "There's many civil rights to weave through to establish a "litter law", Glenn is working on it's preparation, and I, or someone from city council will contact you."
5:10 pm, Thursday, Oct. 9
ReplyDeleteErin, attorney Glenn Sabine's secretary called to say that she'll attend a conference on Monday morning and find out where the "litter law" is positioned in preparation, and call me Monday of the same day. She called at 5:10 pm today. She'll call on Monday.
Earlier this morning, in part to her missing a return phone call promise on Wednesday, I admit to taking advantage of the situation and leveraging her towards a brief inside aside, when she mentioned "I think it's (the litter law) already been submitted to council for review....".
I'm reporting to you what I know, when I know it. Why should you be stalled for updates over an Encinitas 3-day weekend? Your not. You're up to date.
If attorney Glenn Sabine's team has constructed a reasonable "litter law" that prevents the U-T San Diego from throwing plastic bags of newsprint weekly, then the U-T San Diego will most likely NOT sue the city of Encinitas for violations of free speech - in part because of BAD PRESS for bullying a community that simply wants "free speech" to NOT be bagged, tossed and left to the elements to dissolve.
The last Calif. Supreme Court (San Francisco) 1971 ruling, reversed a previous federal Ventura, Calif,. court decision, that upheld a 1965, Thousand Oaks, California broad-based "litter law #98" which read: no person could deliver any printed material and/or advertising literature, "in the yard or grounds of any house, building, structure, on any porch, doorstep, or vestibule.... without having first obtained permission of the owner or adult resident."
Way-y-y too broad in scope. The U.S. Supreme Court said that the case did not present an appropriate matter for its consideration and refused to hear it, ultimately letting the California Supreme Court's decision stand.
The City of Encinitas will need to write a more specific Litter Law - an ordinance that is specific and fair, and one that if challenged, will cast the publishing challenger(s) as public predator's, and fine them daily if they throw trash and leave it, and then do the same thing the next week. A well-written "Litter Law" framework could be used by other cities, and lessen the impact of 1,000 independent "city litter laws" that might be contested by "newsprint" publisher's and clog the courts.
The U-T San Diego is reportedly involved in an ownership transfer, to real estate developer Malin Burnham. He'll be "grandfathered in" with the the two-papers weekly bagged newsprint distribution. Maybe he'll even add more deliveries. Thousand Oaks was getting deliveries 4-days a week.
I'll be back on Monday.
How we voted for Nov. 4:
ReplyDelete• Neel Kaskari - Gov (R) - Jerry Brown has had 3-terms. His fast rail isn't going anywhere. Give the football to the other side.
• John Chiang - Treasurer (he's done ok so far)
• Rocky Chavez (R) State Assembly - He went along with marijuana, or at least didn't blowhard against it.
• Tony Kranz - Mayor - Deputy-mayor now. Knows the "landscape" to date, in city hall. Will keep Encinitas from building "Upward-mulit story", since the area is practically "built-out" now, save for Olivenhain and the long trek along narrow Long Jack Road, to the vacant land eastward. Roads now are already inadequate for the existing population.
• Catherine Blakespear - City Council Member. My neighbor Mark, whose's for keeping Encinitas a complete "hick town" (except for all the existing one-story "people conveniences" and stuff), said "Catherine is a third or fourth generation Encinitas family of (trust) attorney's concerned with Encinitas being overwhelmed by outside interest's that will change Encinitas through development - and continued erosion of our valuable natural ocean-views.
• Prop 1. - Yes. We need dams built, even if there is no water to fill them. There will be water in the future from somewhere, maybe filled with de-sal water, or toilet-to-tap H2o, but we'll need a bowls to store it in.
• Prop 2. State Budget Stabilization. - Good things- long term state savings from faster repayment of debt. Losses - Smaller local reserves for some school districts. (Give them some marijuana tax revenues).
• Prop 45 - No. - Increased administrative cost yearly. b.s.
• Prop 46 - No. Let the M.D. insurance fund-pool police their own liabilities with their own increased administrative cost.
• Prop 47 - Yes. Criminal offense's for drug use and non-violent crime offenders to misdemeanor. Will not pertain to violent "lops" of any stripe. Any crime person-to-person stay's locked down.
• Prop 48 - No. Indian Gaming. Personally feel that gambling ruins lives. And serving alcohol at the same time is cruel. Kids suffer. Animals suffer if the kids suffer. For what? - feeding an addiction that hurts people more than helps? Whaddaya... nutz? Smoke weed. It's addictive, but at what costs? Doesn't ruin your health. You won't call in "sick" to work with a "weed only" hangover. So should Indian gaming be allowed to build more misery-domes? Not in our opinion.
• Prop F - Marijuana storefronts in Encinitas? At first I wrote on WeedMaps that I didn't think pot shops should be open from Del Mar to Encinitas because the beach is too close to Coast Hwy. 101. I use Green Nectar's delivery service because they offer lab-tested, 4-gram 1/8ths and I don't have to drive to San Diego.
Today, I think that any measure that will introduce the "scared public" to marijuana is needed. I've attended Encinitas city council meetings and the people that spoke, were mostly from the "1938, Hearst, DuPont, Episcopal church, Andrew Mellon, generation" - where they had the fear of "killer-weed" instilled into them at an early age, while the alcohol industry plotted it's own course". So I voted Yes on Prop. F.
My wife's ballot was left unselected for Prop. F.
I didn't look as she made her selection, then we sealed both of our mail-in envelopes and she stamped them. Only later did she come forward and remark, "It's better than having a delivery car arrive in the driveway". So, different feelings than one might expect, when the ballot is cast in one's own home where discussion is encouraged - and not in-some-cold-dark-booth with a ballot in your sweaty mitts.
3:30 pm Tuesday,
ReplyDeleteI called Erin in risk management from a "missed" 9:30 am phone call, who said the city attorney would be calling me before Friday to explain the finer points of the litter law's preparation.
After apologizing to Erin for leveraging information from her previously, she said, she wasn't offended at all .... but that she thought the "litter law" might be stalled in-house for one reason or another(s), and that the city attorney could better explain why.
"If you don't hear from Mr. Sabine by Friday, please feel free to call me", which I will, and/or report earlier the gist of my conversation with Mr. Sabine when we speak.
I'll need to go to the city council meeting tonight, 6 pm, and speak again at "Oral Communications".
ReplyDeleteI made some phone calls, one to code enforcement, where Joan called around to discover that there actually is a "litter law" floating around with the city council. No particulars about this litter law could be unearthed. So, I'll take the latest bag of paid-to-print-and-deliver, advertising trash from Doug Manchester's U-T and go through the individual pages at the podium with city council as we try as a "team effort" to try and find some "thing" in the U-T's plastic bag of trash, besides $999.00 box-trees and nursery plants, that might resemble "freedom of speech" and not just paid-for advertising that Doug and his buddies are making money from, and then leaving their advertising on the ground - which is where I found my copy today, (5) five days after a U-T employee threw some on the ground and ran off.
The gist of the situation is, there was no "litter law" being prepared in Encinitas with respect to plastic-bagged throwaway newsprint.. The city attorney Glenn Sabine, said the "litter ordinance" they are reviewing is for paper litter (gum wrappers, paper cups, mattresses, abandoned furnishings, etc.)
ReplyDeleteWhen I ask Glenn if the U-T San Diego could continue throwing plastic bags of newsprint and leaving them to rot on private property, he said, "Yes."
When I ask him if that means anyone could throw advertising bundles at will, like the U-T does, he said, "Yes".
When I ask the city council what would happen if some of the "marijuana people" wanted to begin throwing free-copies of the "High Times" and leaving them on the ground, would that be OK too?
The city council gave one collective "Yup!" of approval.
Thanx for the platform. It's back to you.
Although I failed to mention attorney Glenn Sabine's parting suggestion to the city council, which was to "investigate other California cities existing litter laws that might spell-out how to prevent "publisher's" from the serial-throwing of newsprint and advertisements, like the U-T continues to do, non-stop on a weekly basis. Dirt-shouldered Crest Dr. is pitted-out from their repeated deliveries. See for yourself. Residents have been throwing the papers in the street, because they don't have time to find out how to get the deliveries stopped, or they're just to darn tired to battle the paper onslaught. Delivering this trash in 2014, is the sort of "job" you'd have to admit to your kids, that you litter the neighborhood because "free-speech" lets you get away with it.
ReplyDeleteWhen the city council will actually begin making phone calls to other city administrators inquiring about the content of their litter laws is anyone's guess.
If I don't hear from the city council before the next meeting, I'll return to the next monthly meeting and GET THAT UPDATE from the man himself along with the most recent "Encinitas Advocate, and "Community Values" bag of advertisements to wave around, which are now headlined by "Moon Valley Nurseries (760) 309-4005" and replaced "Ortho Mattress" as the outer-wrap, for a mass of 10x11" loose sheets and folders. Word is, that Ortho Mattress 800# was receiving too many complaints about their "litter enabling".
Here's research:
ReplyDeleteLITTER OR LITERATURE: DOES THE FIRST AMENDMENT PROTECT LITTERING OF NEIGHBORHOODS?
Stephen Durden • David Ray
The Supreme Court stated in Schneider that “the purpose to keep the streets clean and of good appearance is insufficient to justify an ordinance which prohibits a person rightfully on a public street from handing literature to one willing to receive it.”
It added, however, that “[t]his constitutional protection does not deprive a city of all power to prevent street littering.”
Van Nuys Publ'g Co. v. City of Thousand Oaks, 92 Cal. Rptr. 76, 78 (Cal. Ct. App.), opinion was vacated on other grounds.
In dicta, the Court stated that a permissible exercise of police power includes “punishment of those who actually throw papers on the streets.”
In City Council of Los Angeles v. Taxpayers for Vincent the Supreme Court wrote that “[t]he Court [in Schneider] explained that cities could adequately protect the aesthetic interest in avoiding litter without abridging protected expression merely by penalizing those who actually litter.”
The statements in Schneider and Taxpayers for Vincent strongly support the proposition that the prevention of litter is a substantial governmental interest. In addition, the Eleventh Circuit (Florida) has expressly held that the prevention of litter is a "substantial governmental interest". (a key phrase here, as to why government can regulate “free speech”)
The Fourth Circuit has agreed, stating that it thought that “the government has a substantial interest in the maintenance of cleanliness and beauty of the nation's capital and its governmental environs and that it may adopt reason-
able regulations designed to prevent unnecessary littering.”
At least one court has specifically disagreed, holding that the
“[p]revention of litter . . . has never been considered a particularly
weighty objective.”
This decision is an aberration, however, and the better conclusion is that the prevention of litter is, in itself, a "substantial governmental interest".
The prevention of litter is closely related to other "substantial governmental interests". Litter prevention is related to aesthetics, and numerous cases hold that a substantial governmental interest exists in protecting the aesthetics of a community.
844 • Stetson Law Review [Vol. XXVI]
See Taxpayers for Vincent, 466 U.S. at 817.
36. Outdoor Sys., Inc. v. City of Mesa, 997 F.2d 604, 611 (9th Cir. 1993).
38. Johnson v. City of Pleasanton, 982 F.2d 350, 353 (9th Cir. 1992).
39. National Adver. Co. v. City of Denver, 912 F.2d 405, 409 (10th Cir. 1990) (cit-
ing Metromedia, Inc. v. City of San Diego,
453 U.S. 490, 507–08 (1981)).
The (California) Ninth Circuit has also recognized that “[c]ities have a substantial interest in protecting the aesthetic appearance of their communities by `avoiding visual clutter.'
IV. CONCLUSION
A government regulation may validly prohibit unsolicited materials from being left on private property, even when the regulation grants exceptions. The regulation will be invalidated only if a court finds that throwing literature on private property is such a uniquely effective or efficient way to communicate that the communication cannot be adequately accomplished by any alternative avenues. The better result is to recognize that because door-to-door solicitation, hand-billing and other traditional methods of communication remain, “litter-ature” should not be exempt from trespass and littering laws.
The text that appeared on the wall screen in council chamber contained additional text below the Stetson Law Review's "Conclusion".
ReplyDeleteCouncil attendees may have read the text while I was speaking, but my 3-minutes expired just after the paragraph containing 4th circuit's decision.
This is the remaining text that I'll present at the next council meeting as part-2 of my presentation last evening:
"The Fourth Circuit has agreed, stating that it thought that “the government has a substantial interest in the maintenance of cleanliness and beauty of the nation's capital and its governmental environs and that it may adopt reasonable regulations designed to prevent unnecessary littering.”
At least one court has specifically disagreed, holding that the “[p]revention of litter . . has never been considered a particularly weighty objective.”
This decision is an aberration, however, and the better conclusion is that the prevention of litter is, in itself, a "substantial governmental interest". The prevention of litter is closely related to other "substantial governmental interests”. Litter prevention is related to aesthetics, and numerous cases hold that a substantial governmental interest exists in protecting the aesthetics of a community.
The (California) Ninth Circuit has also recognized that “[c]ities have a substantial interest in protecting the aesthetic appearance of their communities by `avoiding visual clutter.' IV.
CONCLUSION
A government regulation may validly prohibit unsolicited materials from being left on private property, even when the regulation grants exceptions. * The “regulation will be invalidated only if a court finds that throwing literature on private property is such a uniquely effective or efficient way to communicate that the communication cannot be adequately accomplished by any alternative avenues”. The better result is to recognize that because door-to-door solicitation, hand-billing and other traditional methods of communication remain, “litter-ature” should not be exempt from trespass and littering laws.
* The U-T’s Encinitas Advocate can be mailed to un-subscribers, like their Rancho Santa Fe Review, Del Mar Times, and La Jolla Light are now. Throwing the plastic bags of newsprint on the ground is not uniquely effective when their practiced method of delivery of “community-specialty” newspapers is by United States Mail.
The post office will appreciate the added business, and our neighborhood streets will be “plastic-bagged newsprint” free, like they were before June 24th, 2014, when the U-T began their “throwaway newsprint” campaign.
•••••••••••••••••••
Afterwards the city attorney turned to the city manager and asked if he had submitted a "search other cities for their existing litter law's" request to city council.
The city manager told the city attorney and chamber, "Yes", then scanned the council members for a response. The council members glance at on another and then back at the city manager with a slow side-to-side head movements, which indicated a "No, we have not initiated our staff to perform any research towards the investigation of existing "Litter or Trespassing Laws" dealing with the throwing of unsolicited newsprint from vehicles in California, and exactly how those laws are written.
Perhaps before the next council meeting, some progress will be made. Until then, expect more plastic-bagged trash on your property and streets, every Friday and Saturday until we stop the "predator" U-T San Diego - who've adopted "Community First" as their sales-target motto.
"Substantial government interest" is the federal decision phrase we will use to differentiate Litter-ature from Literature.
I did receive a return call from attorney Glenn Sabine (say-bin), who left a message attempting to answer my questions regarding the U-T's, weekly, throwaway newsprint. I wasn't able to answer his call, but here is what he said:
ReplyDelete"I wanted to give you an update on the details of a memo I sent the Encinitas City Council for a “regulation of handbill’s”, based on the 1971, Van Nuys Publishing vs. City of Thousand Oaks case, which DOES give cities a very limited authority to regulate distribution of handbills. (the 1971, Van Nuys case record which Glenn handed to me at a past city council meeting, and I shared with Liz Swain from the S.D. Reader, and she with Ruth Sterling, Mayor of La Mesa, CA.)”
“A few of these options are detailed in that memorandum and council has it. IF ANY ONE COUNCIL MEMBER WANTS TO MOVE FORWARD ON IMPLEMENTING ANY VERY-LIMITED REGULATION, IT’S POSSIBLE, AND THEY’LL GIVE THE STAFF DIRECTION. THUS FAR NO DIRECTION HAS BEEN GIVEN (to staff), and we can assume at this point, that they (council) don’t want to go forward with regulations”.
••••••••••••••••••••••
To this, I’d add that ALL ARE WELCOME to come to the next Encinitas council meeting on Wednesday, November 12, at 6 pm, at city hall council chambers, and fill out a speaker slip for “non-scheduled agendas”, oral communications. Speaker slips are located on the wall at council bench-end. Tell the city council in 3-minutes or less, why you don’t want publisher’s to throw unsolicited paper on private property.
Before the Encinitas meeting in November, is the La Mesa, city council meeting listed below, and we should have some inclination on how city governments are going to handle their “handbill” problem on Oct. 29th, and I’ll report on what I hear, right here.
••••••••••••••••••••••••
The council on Oct. 28 will discuss Glenn Sabine's report on littering. It's item # 8 on the agenda.
http://www.cityoflamesa.com/ArchiveCenter/ViewFile/Item/6976
Note: La Mesa is neat little town on top of a mesa. Shown at the bottom of Ruth’s home page.
http://www.cityoflamesa.com/directory.aspx?EID=6
Would be a shame to trash it up with bagged newsprint. Support their efforts to stop the U-T.
•••••••••••••••••••
I'm going to send the story idea to the Neighborhood News editor tomorrow, and will let you know if he gives the go-ahead.
Liz
•••••••••••••••••••••••••
LA MESA CITY COUNCIL
City Council Chambers
La Mesa City Hall
8130 Allison Avenue
La Mesa, California
A Regular Meeting
Tuesday, October 28, 2014
6:00 p.m.
STAFF REPORTS
8. REPORT ON REGULATING HANDBILL DISTRIBUTION ON PRIVATE PROPERTY
AND IN CITY RIGHT-OF-WAY - Staff Reference: Mr. Sabine
Three corrections:
ReplyDelete1. Ruth Sterling is Vice Mayor or La Mesa. I've referred to her as mayor more than once.
2. Liz Swain writes for the Reader. I wrote she was "from" the Reader (editorially).
3. The La Mesa City Council meeting was moved from Oct. 28, to Nov. 12th, 6 pm, the same day as Encinitas.
I'll call Glenn Sabine on Monday, to get a fix on what position I should take in regards to convincing the city council that NOW is the time to enact the "handbill regulation", BEFORE we have more "publisher's" taking advantage of the same loophole the U-T is using.
I'll let you know what Glenn says, if I can have that conversation.
•••••••••••••••••••••
It will make more of a visual impact, if everyone attending in support of the handbill regulation would bring the two copies that are thrown weekl: An Encinitas Advocate, and a "Green Valley Nursery" wrapped, bag of advertisements.
The bags of print must be removed from the council chambers. Leaving them there is litter. However throwing the bags of paper on your driveway is not litter. That's why we need a regulation, if that makes any sense at all.
The La Mesa City Council meeting IS taking place on October 28th, 2014 as planned. October 28, 2014, 6 pm, in La Mesa.
ReplyDeletePlease show up with those U-T ad-bags in hand. The Reader® is waiting on the meetings outcome, and material Liz Swain submits, before they'll decide on running a story. Now is the time to act if you want the U-T San Diego's trash and any other "copycats" stifled.
The mix up is my fault, and sbcglobal.net's goofy Yahoo email system, that hides replies - and it's too address changing-labor-intensive to switch-over to Cox Cable. My apologies.
The La Mesa City Council held it's meeting on October 28th, where attroney Glenn Sabine was presenting his report on the "Handbill Regulation" he wrote for La Mesa, and a "Handbill Regulation" he created for the Encinitas City Council to review.
ReplyDeleteBefore October 28th, Liz Swain, who writes for the Reader, was reporting information about the La Mesa handbill regulation. Now after that meeting, Liz Swain has vanished. Three or four emails requesting some news of that meeting have been ignored, so I don't know what the "handbill regulation" outcome was.
Having people flake-out on you is corn-fusing..... but she writes for a living, and I harass "professional litterbugs" dumping bagged-newsprint in Encinitas for FREE. Might be a big difference when it comes to spreading information at a fast pace. Therein could lie the problem. She has to protect her job and I have no job, except being a chronic complainer about the U-T San Diego's new motto, "Community First", when their dumping trash on front lawns weekly.
As an attorney, Glenn Sabine charges the city $$ for "writing handbill regulations". The city council does not "own" the Handbill Regulations. Taxpayers paid for the "Handbill Regulation" and we want to see a copy of it broadcast on the high-wall screen monitor at the November 12th city council meeting.
We the public will decide whether we move forward with this HANDBILL REGULATION, and we will not allow the city to stuff it away out of sight.
I was told by a neighbor who's in up to his neck in Encinitas politics (but behind the scenes) that current mayor Kristin Gaspar has connections to the Seaside Courier, a "free" paper that gets mailed to all residents in Encinitas about once a month or bi-monthly. So, who knows whose connected to the U-T San Diego that's sitting in a council chair? And both groups may want to see the U-T throwaway's continue.
I "for one" do not.
Show up at city hall on November 12th with "bagged newsprint in hand".
I promise to present a "grilling" presentation. If my questions are not answered IN FULL, then I'll be back at the next meeting with another presentation.
"Mayor Kristin Gaspar has connections to the Seaside Courier, a "free" paper that gets mailed to all residents in Encinitas about once a month or bi-monthly.."
ReplyDelete••••••••••••••••••••••••••••••••
Now read the most recent (mailed Saturday) edition of the Seaside Courier and see if that isn't so - and then S.C.'s page-3:
~ Commentary ~ by Thomas K. Arnold,
"Messy Lawsuit is the Last Thing Encinitas needs"
T.K. Arnold bemoans the "city council" of investing10-mil in a community land asset. 10-mil to a developer is not a lot of money. The 10-mil burden to the city of Encinitas can be paid through "bake sales" and "Footrace" fees. There are arts philanthropies somewhere, that will donate 10-mil to the city with no strings attached. The city could inherit 10-mil from an individual's estate dedicated to paying off the debt. Relax your mind.
According to T.K.A., the cities error was purchasing an abandoned school site with 10-mil of taxpayer money, that was "riddled with asbestos".
And T.K. continues, "...the current council majority has gotten the city embroiled in a law suit with the "Building Industry Association of San Diego" ... ..."over a series of changes the city council has made to the density bonus ordinance - changes that the non-profit trade group says makes it next to impossible for developers to meet affordable housing mandates" :
"...all of these changes make it more difficult for developers to kow-tow to the "no growth crowd" ... "and effectively preventing developers from PURSUING THEIR LIVELIHOOD".
And contrary to T.K's closing words, the residents of Encinitas are "not sticking our heads in the sand". We know what we have: Lots and lots of beach access. Every grain of Torrey sand in Encinitas is sacred, every ounce of clay. Once it's gone, it's OVER forever.
We'll hold out as "No-Growth until we're featured as "outlaws" on CBS This Morning - along with Charlie, Norah, & Gayle.
Glenn Sabine (say-bin) returned my phone call to relate all he knows about the "handbill regulation":
ReplyDelete1. The city of Encinitas has no handbill regulation in place, except for a litter law that covers everything "trash", except unregulated "handbills and postings".
2. Mr. Sabine has written a handbill with several clauses for the council to choose from, that would prevent newspapers and advertisements being thrown onto the ground from vehicles (bagged or otherwise).
Each member of the city council has a copy of this handbill regulation, based on the 1971, Van Nuys Publishing vs. Thousand Oaks, Calif. decision. (How cool is that? Three months into a paper-trash free neighborhood and the public will be glad they banned "throwaway's".)
3. The Problem:
The city is sitting on the handbill because it's spent 10-million on the Asbestos School, and our roadways are suffering from it. (We'll need to create a Go-Fund effort - because we're saving city property for the arts - and appeal to the world of "grants" that support endeavors such as ours.)
4. The city council is apt to "cry poor" when asked to fund a handbill regulation. The council could call the U-T's bluff against any "freedom of speech" lawsuit filed by them. We spent 10-mil for land because we wanted to control it's development. Fine. It's worth the expense, vs. quality of life, to test Glenn Sabine's "handbill regulation" in the Supreme Court, isn't it?
The U-T's throwaway's are a Trojan Horse that Doug Manchester's corporation is using to "test the waters", and grandfather-in his throwaway's as "business as usual". When you think of the word "developer", consider the $$ developers have poured into Gregory Canyon Landfill to no avail, and they've recently reorganized! That's what Encinitas is faced-with - their relentless efforts.
5. If the city wants to shelve the handbill law because of money, then they should consider accepting private funding to support maintaining our "Handbill Regulation". The council will cry poor from now until the next election if we let them.
6. If the city cries poor, make them tell us how much the handbill is estimated to cost the taxpayers - and show us the research study that backs it up.
7. Show us the "Handbill Regulation" that each of you has a copy of. We deserve to see it.
Hello new and current council members,
ReplyDeleteI've prepared an audio-visual review of today's accumulated-eye-sore-trash for presentation during "oral communications" on Nov. 12th, 2014.
The ONLY trash along Crest Dr. this morning (except for a single, empty mini-liquor bottle) were remnants of The U-T San Diego's Friday-Saturday, and weeks previous, assaults of first, a "free newspaper", and then the next day, a plastic bag of "paid advertising" is thrown on the ground that will "repay the U-T" for the expense of their first assault, the "Encinitas Advocate". When does this stop?
Eye-sores are just that. They bring people d-o-w-n. The neighborhood does not need more blight. What is stopping the city council from moving forward on a handbill regulation?
Our city attorney has given each council member a "handbill regulation" proposal containing options-within to choose from.
1. Why is the city council not moving forward with a handbill regulation? Any council member with ties to a newspaper should not have a voting opinion.
2. Why can't we see what the handbill says? Show us on the "jumboTron" Nov. 12th, because I will be there to ask.
For all of you that helped save Crest Drive, the City Engineering Department is now trying to again force
ReplyDeleteyou to provide parking in front of your 1/2 acre, 1. acre and 2 acre homes. with the new street redesign proposal.
We have been able to eliminate the walk paths to no where, and now will have the ability to landscape out to pavement edge, but the engineering department continues to mandate 10 feet of your property and provide street parking in old Encinitas rural residential areas. They are also trying to change Crest Drive north of Santa Fe, to mandated parking?
Please join us to express your protest at the Nov. 12th city council meeting at 6:00pm. Speak to council and reject the taking of 10 feet of your property, and mandating public parking in front of your home.
Support will change their course.
Kevin Farrell AIA NCARB
Crest Drive Resident
No comment from the city council on Wednesday night, (except residents clapped-approval for removing bagged-litter. That counts.) Each councilperson watched as (14) separate photo-sites were shown on the wall-screen. Ug-ly.
ReplyDeleteHow can they not be mortified? What is the hurdle(s) in creating a handbill regulation? There are select-provisions (options) written within. Chose.
I'll inquire again as to why the "handbill regulation" is not being reviewed, and return with more news-trash photos and questions, at the next open council meeting - and continue attending with photos and questions until I get an answer.
11-19-14 • Again, no comment from any of the city council after the same round of why not? questions. I stood for the entire 3-minutes. No body said any thing.
ReplyDeleteAfter Oral Communications I left. Someone called out to me on the way to the parking lot. A fellow named John introduced himself and said there was a pile of U-T bagged-trash on a street in Leucadia, and told me exactly where to find it. He thought it would make a good photo.
I suggested, it's very strange to speak at every meeting to a group of educated people that sit in council seats - while I look at them and ask them as a group, "How can you make a claim of Green for Encinitas and let the U-T or any publisher throw plastic-bagged trash? Think about it!"
Expression's were android-blank.
If the "Handbill Regulation takes a jillion-dollars to implement, say so with verification. Don't sit on it.
"No way that the U-T would be paying the City Council to not move forward with a handbill regulation?", I asked. Still don't believe it. Too shallow.
John only held his fingers-up and rubbed them together.
•••••••••••••••••••••••••••••••••
There's lines of demarcation here - with the City Council stonewall of silence. I asked the city attorney last month, about the reason for not moving forward with the handbill regulation and his answer was understandably, that he was an attorney (mechanic) and not an administrator. So, he's done.
•••••••••••••••••••••••••••••••••
The city of Encinitas Code Enforcement number is (760) 633-2685. Leave a message. Ask them to recommend to the City Council that the handbill regulation move forward. Taxpayers paid the City Attorney to construct the handbill regulation. Where is it? (760) 633-2685 complain to code about U-T trash.
I'll be at the next meeting with more photos from Crest Dr. and the other spot(s).
Know of any streets where the U-T trash is piled-high? Email me through the bike site. I'll ride over and take pics immediately. Thanx