By Paul Krueger
On Sunday, November 2, I asked Rag readers to join me at City Hall the next day in asking the City Council why an item about a reckless legal appeal had been abruptly pulled from that day’s closed-session agenda.
It was a fair and legitimate question. But I wasn’t allowed to even ask it.
Mayor Todd Gloria and City Attorney Heather Ferbert are determined to fight a ruling by California’s 4th District Court of Appeal against the voter-approved 30-foot height limit west of Interstate 5. The judges unanimously decided that the city failed to produce an adequate environmental study of the negative impacts of high-density, high-rise development throughout the Midway District.
An item was put on Monday’s agenda to discuss Gloria and Ferbert’s determination to mount a truculent appeal to the State Supreme Court. A day later, the item was removed.
On Monday, I stood before the Council during non-agenda public comment to address an issue about an item that was clearly not on the agenda. I also wanted to express my frustration about my inability to find out – the Mayor, the City Attorney, the Council President, the Tooth Fairy? – has the authority to place an item on or take an item off the closed session agenda.
Council President Joe LaCava, looking distinctly uncomfortable, refused to let me speak. He said it was because the item was no longer on the agenda. He said he was following the advice of the City Attorney. He gave no further explanation.
He invited me to speak to these issues during non-agenda public comment that afternoon, but I declined. I will not go along with a misguided denial of my appropriate and reasonable request to address an issue that isn’t on the agenda during non-agenda public comment.
And I will not accept a capricious decision by any member of the city government that is explained by saying, in so many words, “It’s because we say so. You just have to trust us.”
The Midway District height limit appeal issue will likely be on the closed session agenda next week — or the week after — because the Council must soon decide if it will appeal the ruling that essentially reinstated the 30-foot height limit.
I encourage all of you – and your friends, neighbors and mailing list contacts – to express your opinion on the appeal issue and this unacceptably opaque process by emailing and calling your Councilmember, the other Councilmembers, the Mayor, and the City Attorney.
That was good read.