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CITY OF VENTURA CITY COUNCIL ~GfNDA Supplemental Information Packet Agenda Item - Father Serra Statue Posted July 7, 2020 {Input received July 7, 2020 noon to 3 p.m.) Special Meeting of July 7, 2020 Supplemental Information: Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available in the City Clerk's Office, 501 Poli Street, Room 204, Ventura, during normal business hours as well as on the City's Website - www.cityofventura.ca.gov https:/ /www.cityofventu ra .ca .gov/1236/City-Counci I-Pu bl ic-Hea ring-NoticesSu ppl Ventura City Council Agenda www.cityofventura.ca.gov CITY OFVENTURA CITY +\TTORNfY Date: July 7, 2020 To: Hon. Mayor & Members of the City Council From: Gregory G. Diaz, City Attorney Subject: Serra Statue, Alternate Basis for Removing and Storage; Safety of the Statue Itself The City has received a letter from an attorney indicating he represents an unincorporated association of residents who do not support the retmoval of the Serra statue. The letter has many inaccuracies and does not understand the process the City used, i.e., the emergency ordinance adopted by the City Council, however, it does threaten legal action against the City if you vote to remove and store the statue. Without commenting publicly on the merit or lack of merit of these claims, I want to suggest that there is a separate and independent basis for its removal and storage at this time-security and safety of the statue itself. Over the past month or so, at various times there have been both implicit and explicit threats made against the statue. This has been done by speakers at meetings and rallies as well as on social media. There have been several marches and demonstrations at the statue which thus far have been peaceful. This has been due in good measure to the good will of those attending, assistance from interested parties, and the devotion of significant public resources to protect the statue. While the protests and demonstrations in the City have been peaceful thus far, this has not been the experience throughout the state. There is no guarantee that they will remain so or that someone unaffiliated with the protesters will not take matters into their own hands. The threat is real and continuing. I have attached just a few of the news accounts of either vandalism to or destruction of Serra statues throughout the state. It is my recommendation that if the City Council wishes to protect the statue while discussions occur regarding its future, that it has F:\SPECIAL PROJECTS\2020\Serra Statue\Mayor & City Council Memo Re Alternative Basis to Remove Serra Statue--Security of the Statue.vl.7.7.2020.docx Hon. Mayor and Members of the City Council July 7, 2020 Page 2 RE: Serra Statue, Alternate Basis for Removing and Storage; Safety of the Statue Itself the authority to protect a public asset by removing the same for safekeeping. Such a removal process would be done by a company with expertise in this area and it would be stored at a secu_re City facility. This would allow the City Council to determine the future of the statue without having to worry about its destruction during this process. While I cannot guarantee this is without all litigation risk, it would be difficult to argue that security of public property is not a lawful and appropriate action for the City Council to undertake. I have attached a number of newspaper articles indicating the vandalism or destruction of other Serra statues in the state for your review and consideration. CC: Alex D. McIntyre, City Manager Peter Gili, Director of Community Development Antoinette M. Mann, City Clerk Attachments: -Carmel - 9/27/2015 -Los Angeles-6/22/2020 -Mission Hills-8/17/2020 -Redondo Beach-11/27/2018 -Sacramento-7/11/2020 -San Fernando-8/20/2017 -San Gabriel-11/3/2017 -San Francisco-6/21/2020 -Santa Barbara-9/12/2017 and 9/13/2017 F:\SPECIAL PROJECTS\2020\Serra Statue\Mayor & City Council Memo Re Alternative Basis to Remove Serra Statue--Security of the Statue.vl.7.7.2020.docx LIFESTYLE Serra canonization: Mission vandalism mars sainthood celebration Vandalism to the headstone of Old Gabriel, a native American who was baptized by Father Junipero Serra ·;n 1770 at Carmel Mission and claimed to be present when Serra celebrated his first Mass in Monterey. Vern Fisher - Monterey Herald By MONTEREY HERALD and TOM LEYDE I PUBLISHED: September 27, 2015 at 12:00 a.m. I UPDATED: September 11, 2018 at 12:00 a.m. Carmel >> A special Mass celebrating the canonization of Saint Junipero Serra was marred on Sunday by vandalism at Carmel Mission Basilica. A 6-foot tall bronze statue of Serra in the mission courtyard was pushed over and the staff in the statue's hand was broken. A fountain next to the statue was splattered with paint, as were the doors of the cathedral. In the Indian cemetery on the north side of the cathedral, paint was splattered on a wooden cross honoring the Indian graves. The word "greed" was written on the cross. A4-foot marble stone marking the grave of Old Gabriel, a man baptized by Serra, was splattered with dark brown paint. Christian Cahill, director of liturgy at the mission, discovered the damage about 7 a.m. as she was going to prepare for the canonization celebration Mass. "It was shocking," she said. "It was very much like, 'We have to clean that up.'" Cahill said an announcement was made at the 7 a.m. Mass seeking volunteers to repair the damage before the 11 a.m. special Mass. "It was wonderful," said Cahill, who still had speckles of brown paint on her arms from working to clean up the damage. "Everybody kicked in and it was very smooth." One person bought a power washer and donated it to the cause. Another man brought his own power washer to the mission. About 20 people began the cleanup, and another 20 joined in after the 9 a.m. Mass, Cahill said. By the time the 11 a.m. Mass began, there was little visible sign that anything had happened in the courtyard. The graveyard was another story. That was cleaned up after the celebration Mass. Old Gabriel's gravestone was splattered on both sides. He was baptized by Serra in 1770 and claimed to be present when Serra celebrated his first Mass in Monterey. Carmel police are investigating the vandalism. Cmdr. Luke Powell said police are reviewing surveillance camera data recorded at the mission. Because it is an ongoing investigation, Powell could give out no more details. It was discovered, however, that there were words painted on the Serra statue and on the fountain. What they were was not made public. Police found several cans of paint at the scene. They were dark brown, dark green and light green, or sage, in color. Maureen Brennan. one of those who helped clean up, said the fountain and the mission doors were splattered with green paint. Serra was canonized Wednesday in Washington, D.C., by Pope Francis. The founder of the California chain of missions is buried under the altar in Carmel Mission's cathedral. Several hundred people viewed the canonization live on a Jumbotron at the mission. While the canonization Mass was being celebrated, a group - some of whom claimed to be ancestors of Indians buried at the mission -held a vigil in the graveyard. There were unsubstantiated rumors that a scuffle broke out Saturday at the mission between groups that claim connection to mission Indians. Serra's . canonization was controversial because of the treatment of Native American's by the Franciscans who controlled the missions. Monterey County Sheriffs deputies and a private security firm were called in to provide security before Sunday's Mass. Deputies guarded the graveyard before and after the damage was cleaned up. The crowd for the Serra Mass spilled out into the mission courtyard, where folding chairs were placed. Those attending were asked to pray for the vandals to heal their pain. "We have a saint in our midst, and it is a major occasion," said the Rev. Paul Murphy, whose words drew applause. "What does it take to be a saint?" he asked. "The truth is it takes a love of God." Murphy said we all have the ability to become a saint and that a person does not have to be perfect to achieve such status. Serra, he said, "Lived a life whose main focus was spreading the good news of Jesus Christ," adding that he was a product of his time. "A saint is like every other human person," Murphy said. "They have flaws." Serra, he said, "was in love with God. His heart was in the right place; his heart was in Jesus." As for the Native Americans opposed to Serra's canonization, Murphy said, "We acknowledge their pain now and we respect their position .... We cannot change the past. We have to forgive one another." He told the attendees to "Practice mercy, compassion and forgiveness in our own lives. That's what Serra brings us," he said ..•. God is so much greater than us. Saint Serra, pray for us." Monterey Herald Tom Leyde SPONSORED CONTENT At 89, Clint Eastwood Now Sadly Lives In This Modest House 8 By tradlngblvd ~ llCBSLosAngeles Los Angeles Protesters Take Down Father Junipero Serra Statue Syndicated Local - CBS Los Angeles 6/22/2020 LOS ANGELES (CBSLA) - A statue of Father Junipero Serra at Father Serra Park in downtown Los Angeles was toppled on Saturday.
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