ARTICLES

Lions' Den

News Notes Writer Appears at City Council

By Allyson Smith

According to his biography on the San Diego City Council website, Democrat councilmember Juan Vargas, 39, was "raised in a devout Catholic family" by Mexican immigrant parents. He "graduated Magna Cum Laude from the University of San Diego" and "During his tenure at U.S.D., Juan became very involved in Christ the King Catholic Church." He "eventually co-founded a youth retreat program for the Diocese of San Diego" and later "underwent intense spiritual training" during "four years as a member of the Jesuits." However, some of his recent policy stances reflect anything but his Catholic upbringing, education and seminary formation.

On January 23, Vargas endorsed homosexual Toni Atkins in her bid to succeed Christine Kehoe for the San Diego City Council seat which includes the "gay" community of Hillcrest. According to her biography, "Toni's community involvement includes her work as the Chair of the Coalition for Reproductive Choice." A February 28 San Diego Union-Tribune article states that Atkins was also "a director of clinic services for WomanCare Clinic in San Diego and the Feminist Women's Health Center in Los Angeles before becoming Kehoe's aide in December 1993."

Since February 2, Vargas has been listed as an endorser of "No on Knight" along with fellow councilmembers Byron Wear and Barbara Warden, and San Diego mayor Susan Golding. The Knight Initiative (Proposition 22) defined marriage as the union of "one man and one woman.

Following the discovery of Vargas' endorsement of Toni Atkins and his opposition to Proposition 22, I contacted his office four times by telephone and once by e-mail. Vargas' office never responded.

On February 8, Vargas, along with council members Kehoe, Warden, and Valerie Stallings, co-signed a memorandum to the "Mayor and City Council Members" requesting that "a resolution to oppose Proposition 22 be placed on the docket for Council consideration at the next regularly scheduled council meeting of Tuesday, February 22.... Because this initiative will come before voters on Tuesday, March 7, it is imperative that this issue be docketed on the above noted date."

On February 22, the City of San Diego Intergovernmental Relations department issued a report signed by director Stuart Wells and assistant director J. Brent Eidson stating that "Because Proposition 22 has no fiduciary, legal, nor governance impact on the city of San Diego, the Intergovernmental Relations Department recommends that the Council of the city of San Diego remain neutral on this initiative."

Despite this recommendation, that evening the San Diego City Council, including Juan Vargas, voted 7-2 to oppose Proposition 22. The two dissenting votes were cast by councilmembers George Stevens and Judy McCarty.

Pro-Knight speaker James Lambert described a meeting on Roger Hedgecock's show the following day: "They [Proposition 22 opponents] are basically focusing in on what they consider bigots and homophobes without really recognizing the fact that there's already been 31 states that have taken a similar position."

Regarding the city council, Hedgecock said, "I understand that Vargas had a final comment at the end of the debate?" and then played a sound clip, purportedly of Vargas, saying, "It's really lucky that we have these seals here."

Because I had to leave the night of February 22, before the council's opposition vote, I sought to speak to Vargas at the Chula Vista Library one week later, February 29. Vargas, who is running for the 79th state assembly seat, was scheduled to debate opponents but did not appear. I learned that evening that Vargas had received a "100% of Supports" rating from the Planned Parenthood Action Fund of San Diego and Riverside Counties for the March 7 election.

I went to the San Diego City Council meeting on March 6 and placed a "Non-Agenda Comment" request to speak regarding Vargas' recent comments.

According to council rules, "At the beginning of each Council meeting, time is reserved on the agenda for 'Non-Agenda Comment.' This provides members of the public an opportunity to address the Council on any matter not scheduled on the agenda. Subject matter must be within the Council's jurisdiction. Time allotted to each speaker is determined by the Chair, however, comments are limited to no more than three (3) minutes total per subject, regardless of the number of those wishing to speak." The current chair of the City Council, San Diego Mayor Susan Golding, allots two (2) minutes' time per speaker.

Although not clearly delineated in the rules, the distinction between time allotted per speaker and time allotted per subject is an important one. To illustrate, if several citizens request to address non-agenda comments to the Council on the same subject, the first speaker may talk about that subject for up to two minutes. Subsequent speakers may then talk about the same subject for an amount of time equal to three minutes less the time taken by the first speaker. If the first speaker speaks for two full minutes on a subject, the second speaker may then speak for up to one minute on the same subject. If the first speaker uses less than two minutes, the unused time accrues to subsequent speakers, up to a total of three minutes per subject.

The meeting commenced shortly after 2:00 p.m. Congressman Bob Filner spoke for 25 minutes on sewage in the South Bay. The council made several awards presentations. About 3:00 p.m., council chair Susan Golding called me and two other non-agenda speakers. As she did, she cautioned, "Miss Smith, these [your comments] cannot be something of [about] an individual council member ... these have to be addressed to the council as a whole, and then only things we have jurisdiction over, and individual comments by a council member we do not have jurisdiction over."

The first non-agenda comment speaker, Don Stillwell, addressed the council on the subject of primary ballot bond propositions and Proposition 22. Stillwell, a retiree who has addressed the council for years, began his remarks by talking about the next day's primary election and "bond issues that are on the ballot as propositions. You should really be concerned with these propositions. Six of the propositions are bond issues. These are for thirty years...."

Golding interrupted, "Don, I'm going to stop you. Those [bond] propositions are not within the jurisdiction of this council."

Stillwell, referring to the Council's vote against Proposition 22, said, "You took up one the other day, thank you, ma'am."

Golding: "No. Sir, those propositions...."

Stillwell: "You certainly did."

Golding, referring to the bond propositions, said: "Those propositions are not within the jurisdiction of this council nor have they been heard by this council."

A long pause ensued, then Stillwell asked, "Are you telling me I can't have my two minutes of public comment and tell the public the truth and ask them to get out and vote? What have you done to get them out to vote? To vote for you, perhaps, but what have you done?"

Golding answered, "I've done a great deal, thank you, Don, but that is not the point here. You're welcome to address us on matters under the jurisdiction of this council."

Stillwell countered, "This certainly was in your jurisdiction. It's the ballot."

Councilman George Stevens then intervened. "Madame chair," he said to Golding, "I raised the question last time, with regards to propositions, about this council taking a position [on propositions in general], and as you got the signatures [on the February 8 memorandum], this council did take a position on one of the propositions [Proposition 22], and now that's made it an issue of the council, and it seems to be in line that if Mr. Stillwell wants to speak on a proposition, [he should be allowed to do so]."

Golding: "I would agree on that proposition [22].... I would agree to that, Mr. Stevens...."

Stevens: "But we do address propositions, that's his point."

Councilwoman Valerie Stallings, one of the co-authors of the memo requesting the council oppose Proposition 22, interjected, "But we only did it on a special-circumstance basis...."

Golding then concede, "Okay, Mr. Stillwell, we'll save a lot of time, just go ahead and speak on them." Stillwell then proceeded with the remainder of his speech, wherein he personally thanked council members George Stevens and Judy McCarty for supporting Proposition 22.

In a later interview with me, Stillwell explained, "The council does not have control [jurisdiction] over propositions, but they established a precedent by voting on 22. Because they established a precedent on one proposition, I assumed I could discuss "a proposition" -- meaning any proposition, whether or not they voted on it, including bond propositions."

I spoke after Stillwell. After stating name and address as required, I said, "My remarks are addressed to Juan Vargas, but it is about a matter that pertains to the city council regarding the vote two weeks ago to oppose Proposition 22." She then began reading from a prepared speech, "...As a fellow Roman Catholic, I find it appalling that you..."

Golding interrupted, "You're going to have to address the entire council or I'm going to cut your remarks off because we don't have any jurisdiction over any council members ... but you can address all of us on that matter."

I said, "Well then, I find it appalling that seven of you voted to oppose Proposition 22."

"Please go ahead with your comments," said Golding. "You have a right to make your comments and I'm going to insist that you be allowed to do so."

Once again directly addressing Vargas, I said, "It's bad enough that you have opposed Proposition 22, Juan Vargas, [but] you've [also] supported another open lesbian to succeed Christine Kehoe." As I spoke, I held up a postcard from Toni Atkins' campaign that read, "Councilmember Juan Vargas Endorses Toni Atkins for City Council."

Glancing at Kehoe, I observed her make what seemed to be a derogatory remark, off-microphone. Valerie Stallings made an unintelligible and off-microphone comment to me.

I continued, "You've also got a 100% rating from Planned Parenthood, on their PAC, for tomorrow's primary..." as I displayed a copy of a Planned Parenthood Action Fund of San Diego and Riverside Counties "Voter's Guide" for "March Primary 2000".

Golding then interruped me more forcefully: "If you continue to address a single member of the council, I'm going to ask you to sit down. You are welcome to address the entire council."

Seeing that I would not be allowed to deliver the remainder of my speech, I closed by urging Vargas "to seek reconciliation and rescind your position [against Proposition 22]" and thanked councilmember Stevens for his support of the measure, as Mayor Golding said, "All right, you can sit down now."

TOP