ESCONDIDO: DVDs allowed at meetings
Technology will be treated the same as public speech
By DAVID GARRICK - Staff Writer | ∞
ESCONDIDO ---- After a spirited debate about technology and free speech, the City Council voted 4-1 Wednesday night to allow people to use DVDs, slide shows and other electronic displays when they address the council.
The council majority said it should be the First Amendment right of people to use multimedia materials to bolster whatever case they are making on an issue.
"We're in the electronic age, so we have to change the way we do business," said Councilman Ed Gallo.
Mayor Lori Holt Pfeiler cast the lone vote against allowing multimedia materials.
She said such materials will damage the long tradition of ordinary citizens getting informed on an issue and then making a verbal plea to the council.
"This will continue to erode the idea of personal responsibility," said Pfeiler. "People will continue to remove themselves from the process.
Other California cities have chosen a wide variety of ways to deal with the use of multimedia materials during their public comment period, which is the portion of each council meeting where people are given three minutes to speak on any issue they choose.
Some cities have banned the use of multimedia materials, some force people to submit the materials in advance so they can be prescreened and others have no restrictions at all.
Escondido officials began investigating the issue when resident Wally Gutierrez accused the city of censorship on April 2. His accusation came after Pfeiler prohibited him from showing a DVD questioning whether Palomar Pomerado Health officials will follow through on their promises to build a medical village in downtown Escondido.
Gutierrez showed the DVD Wednesday night after the council approved the new policy. He said the DVD was important because he is not eloquent enough to make an effective argument.
"How citizens address the City Council should be up to them, not the council," said Gutierrez.
The council decided to require prescreening of multimedia materials, but not for inappropriate content. The screening will only cover software compatibility and computer viruses.
Councilwoman Marie Waldron, who harshly criticized Pfeiler for preventing Gutierrez from playing his DVD on April 2, initially said she did not want the council to adopt a policy on multimedia materials because it could raise free speech issues. But she eventually voted to adopt the policy Wednesday because it contained so few restrictions.
The council also made a bit of progress on a long-awaited overnight parking ordinance, when Waldron agreed to back away somewhat from her longtime insistence that the ordinance be implemented citywide.
Councilmen Dick Daniels and Sam Abed persuaded Waldron to join them in directing city staff to consider a more neighborhood-specific approach. But many unanswered questions remain about the issue, including what criteria would be used to determine which neighborhoods would get permits and whether residents would need to sign petitions.
Waldron said she only compromised out of fear that council indecision might kill the proposed legislation.
"A lot of this is so weak that it's not going to have the effect we want anyway," said Waldron.
After the meeting, city planning chief Jon Brindle said he was pleased the council was able to break its previous deadlock between the citywide and neighborhood-specific approaches, but he said there are still many issues to tackle before the council adopts an ordinance sometime later this year.
In other business, the council approved revised plans for rebuilding the Paramount condominium project, which was almost completely destroyed 15 months ago by the largest structure fire in Escondido history.
Reacting to council complaints about potential overcrowding and parking scarcity, developer D.R. Horton eliminated some four-bedroom units the company had hoped to include in the 4.5-acre project, which is just north of the city's performing arts center.
Contact staff writer David Garrick at (760) 740-5468 or dgarrick@nctimes.com.
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Escondeeter wrote on Apr 9, 2008 10:09 PM:David's article contains just a slight mis-statement about what the oral communication period is. It's not 'three minutes to speak on any issue they choose', it's a period where the public may speak on any issue that's within the purview of the Council. A speech on freeing Tibet, for example, would be ruled out of order because it's not something the Council has any control over.
Oral communications gives the public the chance to address their employees about the subject matter they've been hired to handle.
Steve in L.A. wrote on Apr 9, 2008 11:21 PM:> Mayor Lori Holt Pfeiler cast the lone vote against
> allowing multimedia materials.
I am embarrassed for her and for the City of Escondido. You might see this in some one-horse town, but Escondido deserves a mayor who won't pull a stunt like this.
b wrote on Apr 10, 2008 2:04 AM:I like this idea; anyone who puts together a 3-minute multimedia presentation related to local issues should definitely be heard...
Escondodo wrote on Apr 10, 2008 3:18 AM:I have to commend David Garrick for putting more balance in an article. I was in the chambers to witness which council members would honor the first amendment. I got my answer.
Open Government Victory wrote on Apr 10, 2008 7:05 AM:This is a victory for the public. The Mayor was wrong to oppose the presentation.
CA Constitutional Rights wrote on Apr 10, 2008 7:12 AM:CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS
SEC. 3. (a) The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.
(b) (1) The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.
(2) A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access. A statute, court rule, or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
Another Reason For DVD wrote on Apr 10, 2008 7:21 AM:NCTimes posted an article on quoting the Mayor, 'Pfeiler said the criticisms are misguided. "They are patently false because the district is making the progress they are supposed to be making,"' By showing the video of PPH Chairman, that accusation could not be made. www.nctimes.com/articles/2008/02/05/news/top_stories/1_02_362_4_08.txt
Sunshine In Government wrote on Apr 10, 2008 7:24 AM:Equals better government.
Robert24 wrote on Apr 10, 2008 7:52 AM:How much longer do we have to put up with Holt Pfeiler? She is the worst.....
What? wrote on Apr 10, 2008 8:12 AM:I seem to remember the Mayor promoting the fact that the City Council Chambers had the technology to support such presentations by public speakers. Does anyone else have a similar recollection?
Marie-Anne wrote on Apr 10, 2008 8:22 AM:If we re-elect Lori Holt we'll be proved the fools that many suspect we are. Ms. Pfeiler does not represent the contemporary interests of her city. Time to move on Lori Holt
BD wrote on Apr 10, 2008 9:48 AM:Pfeiler's doing just fine...just because you disagree with her on some DVD issue doesn't mean she should be tarred and feathered. Get over it.
Umm.. wrote on Apr 10, 2008 10:04 AM:Do I see self interest here? Robbing Paul to pay Pfeiler?
Common sense prevails!
Tony wrote on Apr 10, 2008 11:17 AM:Even in elementary school we had "show and tell", in which we were supposed to have something to show and make a prepared presentation about it. A DVD is a prepared presentation and is definitely something to show! City staff puts a lot of time and effort into their presentations, why deny the citizenry?
Jaque wrote on Apr 10, 2008 11:18 AM:BD, the only decision in which she didn't vacillate or adjudicate without a decision was this one about an AMERICAN'S free speech. She has definitely lost her mojo and is not "doing just fine."
Katie wrote on Apr 10, 2008 11:19 AM:WAKE UP AMERICA!!! It is not us who are granted power by the politicians, but the politicians who are granted power BY US!
Any mayor who does not recognize this (by initially refusing to let the DVD be played) needs to be RECALLED!
It is time to show these power-mongers who's boss!
WoW wrote on Apr 10, 2008 12:53 PM:The so-called compromise parking ordinance includes banning parking on all major/collector roads which will have a great impact especially on apartments. Also the compromise includes parking restrictions in the entire urban core which is probably 75%+ of the population of the city.
This will work even though it is not as good as doing the whole city. I watched the meeting on tv and saw that the Councilmembers Abed and Daniel did not want to budge an inch on making it city wide. I guess this is the best we can hope for. It takes three votes to get anything done.
So.... wrote on Apr 10, 2008 1:27 PM:Let me get this straight:
1. I can go out and pay a PR firm or consultant to create a DVD presentation for me.
2. Then I can show up at a City Council meeting and demand that they play it (as long as it deals with a relavent issue).
3. I can claim this as my right to 'freedom of speech'--even though I didn't personally conceptualize, write and edit the presentation.
4. Instead of actually 'speaking' I can play a DVD that someone else created, and therefore not take personal responsibility and stand up and speak for myself. What a novel idea. I'm so happy they bought my lame excuse of not being 'eloquent' enough TO STAND UP AND SPEAK FOR MYSELF!
Robert24 wrote on Apr 10, 2008 1:29 PM:BD; It's not just some DVD issue. I wish it was just that! Look at the track record and the inability to have any backbone at all on any difficult issue facing Escondido. Let's only hope that election time comes quickly and we sweep this mayor out!
Keep in in perspective wrote on Apr 10, 2008 2:00 PM:Beating the mayor up because you disagree with her over a relatively minor issue is over-reacting. For crying out loud, it's just over DVDs in a weekly council meeting; it's not something that impacts anything beyond that. Even so, the reason there are five council members and not fewer is to allow the right decision to emerge on this and other issues. Even when it's not unanimous. The important thing is that the right decision did occur, but that doesn't mean dissention didn't have some value in the discussion. Cut the mayor some slack, please!
Thank You wrote on Apr 10, 2008 2:03 PM:Thank You Abed,Daniels,Gallo,Waldron for our freedom of speech
Popcorn, anyone? wrote on Apr 10, 2008 2:30 PM:It's only fitting that popcorn and sodas be allowed at City Council meetings since the "Oral Communications" segment has now become "DVD Watching Time"!
Just press "play" ? wrote on Apr 10, 2008 2:39 PM:Hmm. I, too, thought it was called "ORAL COMMUNICATIONS" not "pop in a dvd, press play and sit back". Sounds pretty passive to me. I thought the concept behind oral commuications at the city council meetings was for citizens to actively express their own ideas or concerns verbally and in person. Guess that's not the case anymore.
Re: Novel idea wrote on Apr 10, 2008 3:17 PM:gallo stated that we're in the electronic age and we need to change the way we do business--i couldn't agree more! we could eliminate the city council meetings altogether. have an "online chat session" to replace the live, face to face meetings. then we'll all watch a dvd online and call it a night.
Umm.. wrote on Apr 10, 2008 3:19 PM:Considering denial means they are afraid of it. It's brilliant, you get a very efficient and powerful method to make the very most of your 3 minutes of time. Remember, these Councils generally act as if they have their minds made up and these meetings are just a bother.
Cali Gal wrote on Apr 10, 2008 3:44 PM:I agree with "BD's" sentiments. It seems as though this situation has turned into a hate-the-mayor campaign by those opposed to her. Grow up, people! No one, including you, can please everyone, all of the time. If you think you can, then go ahead and run for mayor, see how you do. Pfeiler has done a honorable job.
to Jacque wrote on Apr 10, 2008 3:48 PM:Mojo is subjective, pal, and I think she's got plenty of it. Remember, we're talking ORAL communications and free SPEECH, not an electronic device such as a DVD/DVR player. Give me live SPEECH and not a DVD, or give me death!
to Katie, wrote on Apr 10, 2008 3:51 PM:you must believe in making a mountain out of a mole hill. that's the extent of your argument. a dvd issue = a recall? I think not. your logic is ridiculous.
One request, please wrote on Apr 10, 2008 4:04 PM:Please make sure that the DVD is presented in English, Spanish, German, Swahili, Portugese, Swiss, Native American Indian, French, Chinese, Japanese, Russian, Cling-On, Dutch and Laotian. Oh yeah, and Lebanese. Otherwise, I'm going to publicly protest.
DVDs allowed! wrote on Apr 10, 2008 4:46 PM:Great, so who's bringing the popcorn to the next City Council meeting? Don't forget to wear your jammies and bring your favorite blanket. We'll just make a "movie night" of it! I can hardly wait.
Escondildo City Council wrote on Apr 10, 2008 5:01 PM:Great job. Keep up the fantastic work. You make us proud to be from Escondido.
What lies underneath wrote on Apr 10, 2008 5:09 PM:are you sure they didn't mean BVDs instead of DVDs? i would think that the previous would provide more comfort to an otherwise somewhat uncomfortable city council meeting.
WallyWorld wrote on Apr 10, 2008 5:21 PM:why shouldn't i use a DVD? the people that created it are the same ones that are telling me exactly what to say at the city council meetings. so what's the difference? in the end, it doesn't matter if i'm actually speaking or using a dvd to give a presentation.
Robert 25 wrote on Apr 10, 2008 5:24 PM:I think Lori Holt Pfeiler is doing a fantastic job, given the difficult issues she's had to face. Kudos to our Mayor!
to: "Keep it in perspective" wrote on Apr 10, 2008 5:34 PM:Thank You! Our Mayor does not deserve this childish outlash and threatens of "recall". The people posting these ridiculous suggestions are the ones who deserve a decent "tar and feathering" Wally, that includes YOU- Shame on you! You should be embarrassed of yourself. If not, we are feeling embarrassed for you!
Pfeiler is RIGHT ! wrote on Apr 10, 2008 5:52 PM:Too bad you can't appreciate what Mayor Pfeiler was trying to convey...a simple notion that NOTHING can replace a live, face to face, oral presentation. If you want to cowar behind the comfortable shield of a premeditated, professionaly prepared DVD, that's your prerogative. Though I don't agree with the Mayor on some things, I most certainly agree whole heartedly with her on this issue. I respect her and ALL of the council members, but she is the ONLY ONE that is right this time. Good luck, Escondido. You need it.
Thank You wrote on Apr 10, 2008 5:57 PM:Thank You, Lori Holt Pfeiler, for having the GUTS to stand up for what is RIGHT. The rest of you council members caved into frivolous political ties with the wolves that are dressed up in sheep's clothing... you know, those people that you consider your 'friends'
Tina P wrote on Apr 10, 2008 6:01 PM:I wonder how many of the above comments Wally Gutierez made himself? Doesn't he work Full-Time for the County of San Diego? Someone should look into his workday & how much of the County's (TAXPAYER's) time he wastes posting on these blogs.
To: One request, please wrote on Apr 10, 2008 6:36 PM:Need only be in ENGLISH.
Resident wrote on Apr 10, 2008 6:44 PM:OK, the mayor casts the lone vote against. I say, "Well done". If a citizen cannot stand up and "speak" to the elected officials without pictorial help, digital or otherwise, then so be it. I consider myself well versed and very computer literate. While the view presented may seem old fashioned, now whoever puts on the "flashiest" presentation will be the one remembered. Substance goes away and it is replaced by computer graphics. People can now hide behind a video. Equal representation goes away each and every day with decisions made just like this. Watch out residents. The next big vote now hinges on the processor speed, not the substance of what is actually is. Mayor Holt just got my vote again.
PPH PR wrote on Apr 10, 2008 7:57 PM:The pro-mayor comments will end now that the PPH PR department has gone home.
fred wrote on Apr 10, 2008 8:02 PM: let,s all try to get along children,we could use 6 council members all representing a district that they would really reside in/ with a strong mayor only to be the tie breaker..not run the agenda.. better government..better representation..
Wally G wrote on Apr 10, 2008 8:24 PM:I support Lori and everything she does for our community. I am ashamed of the lame presentations that Rob, Larry and I put on. No DVD could excuse our appearance and conduct. The least Larry could have done was wear long pants and a decent shirt. Next time we can just submit the DVD and hide in the car.
Fool on the Hill wrote on Apr 11, 2008 3:41 AM:I support Wally, Larry and Robroy. We were all there to speak for the oblivious taxpayers. This is our modern-day Boston Tea Party, updated to include the technology that the mayor usually brags about. GO USC!
Tina P wrote on Apr 11, 2008 6:41 AM: I support Wally's Freedom of Speech
serena wrote on Apr 11, 2008 1:34 PM:Now that Escondido has leapt into the age of technology, maybe someone could point out to the mayor and the rest of the council that there are technologies available to synchronize traffic lights.
There might be a few less accidents on Centre City Pkwy, if the light at 2nd and the light at grand were in sync
idea for the fools wrote on Apr 14, 2008 8:44 AM:why don't you 'submit the DVD and hide in the car?' that's about your speed.
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