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HomeMy WebLinkAbout25 - Annual Appointments to Boards and Commissions - CorrespondenceJune 26, 2018 Agenda Item No. 25 Correspondence See Disclaimer Below Applies to All I APOLOGIZE FOR THE LENGTH OF YEAR END REVIEW, COMPLAINT AND SUPPLICATION + SUGGESTIONS. THANK YOU Most Distinguished Council Members, INTRODUCTION First and foremost, I would like to take this opportunity to thank you profusely for your great commitment, effort, enthusiasm, and volunteerism SHOWING UP AND BEING THERE AT MEETINGS; furthermore, partaking in an active, transparent and civic way of our glorious system of government, all to better our beautiful city and for the public benefit. As a public citizen and resident of Newport, I thank you sincerely for your time and commitment to this city. It is truly an honor to know you. You are a role model, upstanding and civic minded and I personally thank you for your input and care in all matters related to the city. THANK YOU SINCERELY. Grace Divine PERSONAL HISTORY -ONE YEAR REVIEW Not only am I writing this letter as a concerned citizen, I am also writing to you because this month will be ONE YEAR since you elected me to the volunteer position of Arts Commissioner, a position which I have dutifully made every effort to perform. I have been present at all meetings except 1 due to surgery. And even 8 days after I had hip replacement surgery where they cracked my femur, I was there at the meeting walker and all. I want you to know that I have taken my position and the responsibilities you have placed upon me very seriously, and that it is my desire to fulfill them earnestly. Hence, this letter constitutes my review of my first year experience at the CAC all expressed via my personal opinions and since I believe you should know with HUMBLE and RESPECTFUL suggestions for improvements. Thank you most sincerely. THE GOOD PARTS The day I started my public service appointment, there were 4 commissioners so as luck would have it, I got appointed to the sub -committee to assist with the Sculpture park phase III. Having a Masters in Arts and Humanities and having written numerous art reviews, I found this a great opportunity to bring art to the park in Newport Beach that was accessible to all ages, children, adults, families. This I did, (as I recall — please check the record), and it was an uphill battle as there were others with a different approach. Luckily, I was able to convince them of the need to make the park a SAFE and "FEEL GOOD" environment for families and people of all ages, including impressionable children. In the end, I believe my contribution was rewarded as the chosen sculptures were accepted by the city council without a problem. You might recall. A great success indeed, and one that I opine, I had something much to do with. Around that time, I also inquired about doing a series of "LIVING ARTIST LECTURES" to be free and for the public benefit! These lectures, which are completely INDEPENDENT of the CAC, NB, City or other, covering the art in the public park was accepted. And I have GREAT NEWS to announce to you. I have done three lectures thus far and they are being received with great and positive response. I have heard people refer to them as "OUTSTANDINGS" "TERRIFIC," "REMIND ME 25-58 OF THE LOVE I HAD FOR LEARNING.." The lectures are presented on the first Monday of the month at the main library at 7 pm. I do skip a month here and there. I would like to take this opportunity to invite you and your family to come and share this experience. THANK YOU. In addition, during my tenure as city arts commissioner, I have also done 1 TOUR / PRESENTATION for a group of landscape and garden specialists related to Rogers Gardens. This received a wonderful review and feedback from Rogers Gardens as people really enjoyed my "PASSION" for public art and education. (This review is available for you to see.) Finally, just last week, I was allowed to volunteer and do a SCULPTURE DEMO PRESENTATION at the June 12 festivities CAC ART EXHIBITION, since Commissioner Baker could not do this since she is on a trip. I must tell you, people of all ages, LOVED THE DEMO! A couple of council members were there and I know they too enjoyed the demo and sculpture which I think added to the wonderful festivities put on by the administration. It was a wonderful experience for me as well and I am grateful. THANK YOU CITY OF NEWPORT BEACH for allowing me to be of service. THE SAD PARTS From the beginning of my tenure, something became noticeable and painfully apparent to me that CHAIR JUDY CHANG WAS ABSENT on occasions from the meetings. Also, I received emails from admin requesting changes to meeting dates and/or worse, the CAC meetings were CANCELLED ALTOGETHER for failure to meet a quorum or for some other reason?! (Please contact admin for facts.) I didn't understand what was happening as I myself, would attend every meeting and thought that as per my commitment to the post, I felt I had a responsibility to do. After all, these meetings are a big deal. They are about and relate to matters of important public interest. In addition to which, the commissioners -7 of them- have agreed to meet on a specific time and date and thus arrange their schedules accordingly, but also, the public is informed so that THEY CAN ATTEND! And hence, and understandably, it is my opinion these dates are therefore very important and should not be changed easily! Therefore, for the CHAIR JUDY CHANG TO BE ABSENT FROM MEETINGS on as many occasions as she was absent, for the dates of the meetings to be changed and for the meetings to be canceled altogether for whatever reasons, has been for me personally terribly taxing, demoralizing and devaluinje of the entire civic process. And in my opinion, just like I have been affected by this, I opine that it is also possible others could also have found this to be taxing and deleterious and POSSIBLYeven have affected the PUBLIC'S RIGHT to be informed and to PARTICIPATE as per the Brown Act: -THE PEOPLE HAVE NOT YIELDED THEIR SOVEREIGNTY TO THESE AGENCIES THAT SERVE THEM. -THE PUBLIC HAS A RIGHT TO KNOW. -THE PUBLIC HAS A RIGHT TO BE INFORMED. -THE PUBLIC HAVE A RIGHT TO PARTICIPATE. IN MY OPINION, if this is true, all of this is not only POTENTIALLY a liability for the city but also, demonstrates SCHEDULING PROBLEMS AND ISSUES and everything related to ANY organization that has these kinds of problems and issues! And I don't know the FACTS, but you could do a check 2 25-59 on all of this, the times the CHAIR JUDY CHANG has missed meetings, the times changes were requested to the dates and by whom, the times the meetings were canceled, which there were, and for what reasons. And you can arrive at your own conclusions. OTHER CONCERNS During the past year, when Chair Judy Chang was absent, Vice -chair Greer often made it known (in her own words -see records), that she was expressing decisions by then absent Chair Judy Chang. Incredibly, no one stopped Vice -chair Greer from doing this. As such, in my mind, Vice -chair Greer began to speak with the authority of ABSENT CHAIR JUDY CHANE This should never have happened. If a commissioner is absent, their decisions should not be heard or considered as it denies public participation in contravention of the Brown Act. Further, for one commissioner to be allowed to speak for another is highly problematic. And if a rule doesn't exist now, a rule is needed to prohibit this. One problem arising from this, is that of undue influence which taints the entire commission and any votes thereof. For example, I am convinced that I for one was unduly influenced by these representations on several occasions, even though I felt this was extremely strange, I was intimidated and beaten down by the process that permitted this which resulted in my'yea' vote to the appointment of an ABSENT COMMISSIONER (Judy Chang) TO ALL CAC sub -committees while two commissioners were entirely excluded from all sub -committees, including myself. In addition to which, as a new commissioner, I looked to the leadership of the Vice -chair and Chair, who have been commissioners the longest. And I trusted them to uphold in good faith, the fiduciary duties that they have towards the other commissioners, the commission, the city council and the public. Those votes, not only literally completely censored two commissioners, but arguably, appropriated the power of the city council who elected those commissioners to serve by severely preventing their participation. This should not be allowed. For these reasons and others, tainted votes should be voided and retaken and a rule should be implemented to prevent this from happening ever again. A FEW IDEAS FOR IMPROVEMENT -For commissioners and others with a record, running for city council, the public has a right to know who has served in the past and their ATTENDANCE RECORD plus their requests for changed dates and other related. -The city council could set high standards for attendance. -The city should prohibit one commissioner to speak for another in a meeting. If a commissioner is absent THEY ARE NOT THERE. Their decisions can not be questioned and therefore they should not count. And if they did count, and were included in the record, the entire process is tainted and the votes should be nullified. 3 25-60 I thank you for reading this. All is my opinion for you to investigate and to decide. I want you to know that I am grateful for my post as Arts Commissioner. And in spite of all the difficulties, I don't intend to leave this post. Also, I would welcome any input by you as I greatly appreciate it. Thank you. Grace Divine DISCLAIMER APPLICABLE TO THE ENTIRE DOCUMENT EVERYTHING HEREIN IS 100% MY OPINION. It represents my commentary, review, concerns, complaints and supplication. It does not state anything as FACT, and does not intend to be read as legal advice of any kind for any particular person or issue. At times I write as a private citizen. And at times I write as a volunteer member of the City Arts Commission. This letter is meant solely for the recipient addressed. It is not meant as a statement or fact, or for defamatory or other sordid reasons. It is 100% opinion in the expression and exercise of my 11t Amendment constitutional rights and what I perceive as my duty as a public servant. It is copyrighted. And it is not meant to be re -printed, re -published or shown to a third in any way without the permission of the writer. NOTES ON THE BROWN ACT It was the great Abraham Lincoln (a DNA distant relation), who said: "Government of the people, by the people, for the people..." What a glorious statement and a testament to the human spirit, freedom and liberty for all. And it was from here, that I believe The Ralph M. Brown Act was partly seeded in 1953 which guarantees the public's right to be present and to participate in meetings of local legislative bodies. This Act was enacted in part out of concern for informal and undisclosed or secret meetings as related to the public's interests. In addition to which, it was the intent of the law that actions and deliberations by public servants and officials be conducted openly. Furthermore, this Act made it clear that at no time have the PEOPLE given up control over matters that concern them. And further, the Act requires that commissions, boards, councils (and arguably the like), keep the public informed so that the public can decide what is good for them or isn't. And I just want to mention because I am a lawyer active member of the California State Bar that I am not giving legal advice in anyway, that this letter represents a quick opinion of this extensive law which as you know, has been widely litigated, and therefore defined, re -defined, expanded or changed otherwise. 0 25-61 RECEIVED AFTER AGENDA PRINTED JUNE 26, 2018 Item 25 - WRITTEN COMMENTS June 26, 2018, City Council Item 25 Comments The following comments on an item on the Newport Beach City Council agenda are submitted by: Jim Mosher (iimmosher(cD-yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 25. Annual Appointments to Boards and Commissions When the nominations for these positions from the "Council Ad Hoc Appointments Committee" were presented as Item 11 at the June 12 meeting, I submitted written comments questioning both the private creation of the committee (whose membership and meeting schedule was, until then, unknown to the public) and its failure, in some cases, to provide the two nominations per vacancy expected under Council Policy A-2. I have since learned from the City Clerk that a single application was received for the Civil Service Board opening, explaining the single nomination in that case. Regarding the City Arts Commission, I am pleased to see the Ad Hoc Committee has provided more than two options to the full Council. This seems important in view of the poor attendance of the incumbent, who, even though nominally Chair of the Commission this year, missed all the meetings between January and June (per the official minutes of those meetings). I share the concerns about the disarray this, and other actions, has created, expressed in the correspondence posted with the staff report. As to future annual appointments, it is probably needless to say that I think the City would be better served by public interviews of the applicants. I believe that would produce better and more inclusive selections as well as generating greater interest in the Boards and Commissions.