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base of support. Their goal by the end of the year, Cox said, is to have 10,000 to 12,000 people sign a list, saying they are interested in becoming a “citizen legislator.” The list they have so far is at 4,000 people, Cox said. “Every speech we give, we pick up about 10 or 15 people,” he said. Between now and the end of the year, Cox said the
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meet the latest state building codes. But, the most imperative building improvement projects are not left out by the Board’s decision. All Prop P funds leftover after the new performing arts center’s construction are allocated for top priority CUSD infrastructure improvement projects. With the tentative price tag of the performing arts center’s construction set at $12 million, CUSD predicts that at least several million dollars will go towards campus facility upgrades. When the project proposals were brought up at the Sept. 11 Board meeting, Gafcon senior project manager William Morrison pointed out that there are CUSD several facilities that that exhibit safety and disability
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members who wanted to use the facility for weekend celebrations — many of them donors to the $370,000 renovation effort — to work out a compromise. Most issues were resolved except alcohol consumption, which isn’t allowed at any city facility. Council members were set to make the final decision in June but when it was obvious there wouldn’t be consensus, they tabled the discussion. That prompted a group of residents to gather signatures for a citizen initiative so voters could decide what events could take place at the center. In August City Council adopted a 14-month trial use policy, but those behind the initiative said it was too restrictive. At that point they had collected enough signatures to qualify the initiative. According to election laws, they had six months to turn it in but they submitted it in August. Had they waited a week or so, the initiative could have been added to the primary election in June. The decision to turn it in early will cost the city more than $200,000 for a special election. The group, known as Friends of Fletcher Cove Community Center, then sent a mailer to residents urging them to contact City Council members and tell them to
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issues. He explained that all of CUSD’s buildings are in compliance with state standards because they meet the building codes that existed at the time of their construction, but there are still issues. He specifically mentioned that CUSD’s Cultural and Performing Arts Center is in need of safety and accessibility improvements. He said that currently there is no way for a person in a wheelchair to access the orchestra pit; the counter height of the ticket booth needs to be fixed, and the fire suppression system requires upgrades. “Basically when you walk into the entrance, that’s about as ADA (Americans with Disabilities Act) compliant as it is,” he said. District staff is currently working with Gafcon staff to assess the primary infra-
structure needs throughout CUSD and ultimately update the Facilities Master Plan. Lovely acknowledged that spending the entire $33 million on campus infrastructure improvements could cover all of the top priority projects as well as some of the lower priority projects throughout the district. But she pointed out that it is unlikely the district would have substantial enough funds to pay for a major construction project like a performing arts center or an aquatics complex again unless another bond measure was passed. “The likelihood to have enough funding to building something larger is pretty minimal,” she said. As far as the campus improvement projects, she added, “We can’t do everything. There’s not enough money to do everything.”
adopt the initiative rather than hold a special election. “The decision to hold a special election is entirely up to the City Council,” the mailer states. That comment angered council members, who shared their opinions at the Oct. 9 meeting. “Tom Golich, Jim Nelson and Mary Jane Boyd and a lot of other people who are afraid to identify themselves … decided to put forth an initiative,” said Councilman Tom Campbell, who admittedly is not one to hold back his opinions. “These initiative sponsors and their financial backers decided to play Washingtonstyle politics,” Campbell said. “They adopted tactics that projected deceit, lies, misinformation and intimidation. They hired a high-priced San Francisco lawyer and … even sent this misleading mailer out and they haven’t disclosed who’s paid for it. It just makes you wonder. “The initiative sponsors and their financial backers and their paid representatives told the Solana Beach citizens and voters that by signing the petition the matter would go to a vote of the people,” he added. “They didn’t bother to tell the citizens and the voters that the cost of a special election would be at least $200,000. “The Friends of the Fletcher Cove Community
center had up to six months to turn in their signed petitions but they did so early and they did it on purpose,” added Campbell, who never supported alcohol consumption at the site. “They clearly did this on purpose and they knew what they were doing. “They wanted to try to place the responsibility of the cost of this election on the shoulders of the City Council, when in fact it’s their responsibility. … Perhaps the founders, Mr. Golich, Mr. Nelson and Miss Mary Jane Boyd and some donors like Mr. (Peter) House and Mrs. (Carol) Childs and the Solana Beach Civic and Historical Society will belly up and pay for the special election but we know that that’s not going to happen. “This initiative, in my opinion, is a very bad law because it can only be modified by a public vote,” Campbell continued. “There will be problems. The present and future councils will not be able to fix these problems. We’ll have to try to figure out how to take this to a vote.That is ridiculous. If this initiative becomes law, watch out because the next time another group of NIMBY friends come up with a wild proposal it could impact your neighborhood due to the foolish acts of these crazy folks.” “This is a really disturbing situation,” said Councilman Peter Zahn, who supported alcohol consump-
of eliminating bags. Averaging data from plastic-bag bans in Santa Monica and the county of Los Angeles, reusable bag usage increased by 40 percent after the ordinances passed. But the bans also led to a 16 percent up-tick in paper bags, according to the report. In California, 64 ordinances eliminating plastic bags have passed, covering 44 percent of the state’s population. Chris Kato, a policy ana-
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ter, who was social and earned top marks. Patton stated that he would present evidence that the knife police had found underneath Treadway’s bed, which belonged to Houser, matched Stephanie’s stab wounds. Patton asserted that Tuite’s shirt had been contaminated with traces of Stephanie’s blood when the tion during a limited trial period. He said the initiative proponents “wanted a special election … and now obviously the campaign has changed.” “It’s really about now saying, ‘We don’t really want a special election but we want to paint the … City Council as being responsible for forcing this,’” he said. “I think it’s a brilliant campaign but brilliance doesn’t mean good and for the good of the city all the time. I’m really disturbed by this and I’m wondering what their intentions really were.” “The history is really a history of deception on the part of the proponents of the initiative,” said Councilwoman Lesa Heebner, who also supported a trial period with alcohol allowed. “I am thoroughly disgusted with them.” Heebner said people who contacted her had no idea “they were being used as pawns in a political game.” “There are people who are … political vultures, people who want power in this area,” she said. “One of them is Mary Jane Boyd. “Marion Dodson, you were voted out of office in 2000,” Heebner said.“It’s been 13 years.You talk about ‘Not in my backyard.’ You’re backyard’s in Rancho Santa Fe.You grace us with your presence, wagging your fingers at us often … but this is getting a little bit far. And the other person whose money might be used in this, it’s just a game for
Neighborhood Legislature has 25 speeches already set up. The group tends to speak to community groups, including Chambers of Commerce, Rotary Clubs and others. And what are some of the objections people raise? Cox said that he hears frompeople all the time people asking how they’re going to get this done when the people who are in power have a lot of money. His answer to them:
once the Neighborhood Legislature has a wave of 10,000 to 12,000 people coming at them, politicians can spend money until the cows come home. “The reason this will win is because people will respond when somebody from their neighborhood comes knocking on their door.” Awareness remains the group’s priority now. If people are just learning about it at the polling place in November, the initiative will lose, he said.
lyst with Equinox Center, stated that it’s possible the organization could weigh in with a study tailored to Encinitas once it takes a look at the city’s ordinance language. In 2008, Encinitas moved to ban plastic bags, but reversed course when the plastic bag industry threatened litigation, arguing the city needs to complete a costly environmental impact report. But that view might not carry water anymore. The California Supreme Court ruled about a month ago that Marin County did not have to submit an envi-
ronmental impact report to prohibit plastic bags. As a result, Phillips said it’s likely that Encinitas won’t have to complete its own environmental impact report. Last spring, a bill calling for the end of plastic bags statewide didn’t have enough votes to become law. However, efforts are gearing up to bring the bill before the California Legislature again. As well as eventually weighing in on a citywide ban, the Encinitas City Council will mull over a resolution supporting a state ban Nov. 13.
police used the same camera on a tripod that had been at the crime scene uncovered to photograph Tuite’s clothing. Escondido Police initially focused their investigation on Michael and his two friends, and obtained confessions after lengthy interrogations.The three were indicted for the murder months later, but the case was dismissed in February 1999. The Crowe’s recently won a lawsuit against law enforcement that investigat-
ed Michael to have Michael’s name officially cleared. Last year, a panel of three judges of the 9th U.S. Circuit Court of Appeals found that Tuite’s original trial, which began in 2002, was unjust. The panel cited a letter that was withheld from the jury as the basis for their decision. Judge Frederic Link is presiding over the trial, and said the trial is anticipated to last approximately six weeks.
him. “So those people want political power and they are co-opting the wonderful warm memories that a lot of people in this community, many people who are a little bit older, have had of Fletcher Cove Community Center,” Heebner said.“Those people had lovely, lovely parties there and … they want to see that happen again. “And they really truly believe that they want just the policy changed,” she added. “But they have been co-opted and led by the noses by these individuals who are wanting political power back. It’s as simple as that, folks. “It has nothing to do with really the policy of Fletcher Cove Community Center. It has to do with political power here in our fine little city,” Heebner said. “We’re being blackmailed … so I’ve had it with you all. I’m really am disappointed.” Those comments prompted former Mayor Celine Olson to ask Heebner and Campbell at the Oct. 23 meeting to apologize to the “people they publicly humiliated” and “to all who believe in our constitutional right to petition government.” Olson, 88, said the council members acted “rudely.” In response, Heebner said she stands behind “everything I said.” She said council members give up a lot of personal and financial privacy.
“What you don’t give up is your First Amendment rights,” she said.“I believe very strongly in what I said. I expressed my opinion. I stand by it. I would say it again.And I might even add a few things.” The city attorney said council members have a right to express their opinions. “There were some allegations of defamation or slander,” City Attorney Johanna Canlas said. “Council members actually have an absolute privilege under the civil code that says that you are not to be prosecuted and you are immune from prosecution for that kind of slanderous alleged slander statement because … you’re voicing your opinion and you are not to be curtailed in expressing your opinion that is before you as part of your legislative function.” Boyd said her group didn’t do the math when trying to figure out when to turn in the initiative. “The people I worked with did not do that,” she said. “We learned about all of this as we moved forward.” She also said events at the community center will be governed by state and local laws that cover noise, traffic and alcohol use. Council members at the Oct. 9 meeting ordered a report on the impacts of the initiative.They must adopt the initiative or order a special election before Nov. 8.