COMMENTARY

 

I recently met with Marin County Supervisor, Steve Kinsey, in response to his invitation. There was no explanation given for the invitation nor was there any agenda, but at the meeting, which was also attended by Dick Spotswood and Susan Kirsch (founder of Citizen Marin), a wide variety of topics were touched upon, mostly dealing with the dysfunction of our local governments.

 

At one point in the conversation Steve asked with disingenuous, wide-eyed wonder, “Well, what can we do to fix it?” To which I replied, “Well, good government would be a good start.”

 

I went on to explain that sometimes we have to stop bad actions and decisions in order to make room so better solutions can succeed. I explained that this was why CVP sent a letter to the Board of Supervisors, on August 12th, to “Request to Amend The Marin County Housing Element and Extend The Public Review and Approval Process”

 

I’m not sure he understood what I was talking about.

 

It’s Not About Being "For" or "Against" the Housing Element

 

In response to this meeting and how housing advocates continue to suffocate any chance for legitimate debate by painting everything as a polarized “for” or “against” issue, I wrote an Op Ed and submitted it to the Marin IJ. It explained why organizations like CVP pushing back on local government is not only a good thing, but our democratic responsibility.

 

The IJ ran the piece on Monday, September 22, 2014, only in the print version.

 

Here is the text of that Op Ed as it was submitted:

 

The proposed Marin County Housing Element (the “HE”) has produced a great deal of discussion lately. Unfortunately, it’s been “dumbed down” to being a “for” or “against” argument. This kind of “straw man debate,” distracts from the real issues, does a disservice to the community and does nothing to address our affordable housing challenges.

 

We’re also told that those who disagree with the HE are only “against” things and have no solutions. Nothing could be further from the truth. But sometimes one has to stop bad solutions in order to make a room so better solutions can prosper.

 

Public criticism of the HE is a good thing. But the Devil, as they say, is in the details and that is what this discussion is and should be about.

 

Community Venture Partners, a nonprofit I recently founded, has taken an increasingly active role in monitoring local government and supporting a more responsive public process. Toward that end we’ve made comments on the HE and how the County has been conducting its hearings. These comments serve simple objectives: to bring about better governance and decision-making, to ensure that our county’s public process is based on accurate information and adheres to the law, and to promote greater transparency and accountability. If accomplishing that sometimes requires legal action, so be it.

 

It’s amazing to me that some people, including some of our County Supervisors, apparently now feel that requiring local government to adhere to the law is somehow objectionable, improper or even “undemocratic.”

 

We fully acknowledge and understand the County’s responsibilities to adopt a Housing Element plan that makes a reasonable and good faith effort to address the state’s growth projections and affordable housing quota for Marin. While many of us may feel the entire system of state quotas is nonsensical, that’s an issue we need to deal with separately and one that we’re going to have to take higher up the ladder to be effective about.

 

But at the local level, what we object to is a public process that is increasingly driven by state and regional agencies stepping outside of their legal authority to compel local municipalities to meet artificial and legally questionable requirements. We object to public hearings that make a mockery of public input and consistently arrive at predetermined conclusions.  We object to a plan that exceeds the County’s legal obligations by over 400 percent while ignoring its infrastructure and public service impacts. And we object to decision-making based on incomplete and often inaccurate information, which is repeated over and over at public hearings, even though the County has been advised otherwise.

 

So when County Supervisor Katie Rice sends out a newsletter stating that “proposals for development of any parcel are required to conform to local code, community plans,” etc., when the State Density Bonus Law specifically overrides all of those, we feel a need to correct that. And when Planning Commission Holland, tells his colleagues at a “Draft” HE meeting that it’s “too late” to change the number of sites or units based on public comment (when Ms. Rice has just assured us in her newsletter that it’s a long process with plenty of time to comment), we feel a need to protest that.

 

I’m sorry if democracy is “messy,” but the law applies to us all. And that is a very good thing.  This is the spirit in which we bring our arguments and criticisms. In fact I believe it’s our fundamental civic responsibility to question the actions and decisions of our government and elected representatives on any matters at any time, regardless of whether the views expressed are “left” or “right,” Democrat or Republican, or popular or unpopular or politically correct to discuss.

 

And in the meantime some of us will continue working diligently on more socially equitable and economically and environmentally sustainable solutions that must come next.

 

It’s Time to Level the Playing Field

 

Like many of you I’ve watched endless violations of the laws that govern public meetings, by local government councils, commissions and agencies all around the county.

 

I’ve seen public comment cut off at a Transportation Authority of Marin meeting, because the chair said it was getting boring and no one was “saying anything new.” I've seen public comment limted to one minute to the point that it's meaningless, in the "interest of saving time" (for whom?). I’ve read minutes of meetings that were so sparse in their accounting that dissenting comments by the public or even by officials were barely noted. I’ve seen policy decisions made at hearings that were noticed as “workshops” or otherwise not indicated to be decision making meetings. And I’ve listened to elected officials abuse their bully pulpit by making slanderous, personal remarks about community members who disagree with their beliefs (like labeling longtime liberal Democrats who disagree with large scaled development as Tea Party members or racists or worse).

 

So on August 19th, when the Marin County Board of Supervisors held an unnoticed public hearing, essentially to rebut arguments submitted by CVP about the Housing Element, we felt that action was needed.

 

On September 19th, Community Venture Partners filed a formal Cease and Desist letter with the office of the Marin County Clerk, seeking immediate relief from violations of the Ralph M. Brown Act by the Marin Board of Supervisors.

 

We are not asking for anything that is at all extraordinary. We are not asking for special treatment. We are asking for fair and honest dealings and a level playing field, and a respect for the law by people elected and paid to uphold it.

 

A copy of that letter is attached above. Our grievances are self-explanatory.  

 

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Please put "Marin County Housing Element" in the "Purpose" Box