SD COASTAL ALLIANCE

MISSION

POLITICS

ETHICS QUESTIONS?

SCORECARDS
How did Council Vote?

ISSUES

NEWS

SCHOOLS

REDEVELOPMENT
ABUSE

ENVIRONMENTAL "Fs"

AIRPORT

STRIP CLUB TRIAL

COMMENTARY

LINKS/CONTACTS

Archives:
PENSION
COVER-UP

MAYOR RACE '05"

PAST POLITICS

  POLITICS:

View campaign contributions: The Center on Policy Initiatives Knowing where a candidate receives their financial support helps voters cast informed ballots and strengthens our democracy.

Step towards better government: Clean Elections
____________________________________________


Sherri Lightner received the endorsements of the Sierra Club and the League of Conservation Voters
Sherri is a District 1 City Council candidate who has been a long time environmentalist.

Donna Frye didn't endorse Scott Peters, and doesn't want anyone thinking she did. City Beat May 7, 2008
Excerpt: Councilmember Donna Frye cried foul for being included in the mailer without her permission, telling voiceofsandiego.org that it implied she was endorsing Peters in the city attorney race, a suggestion she called “extremely offensive.”

Grantville Action Group Says Yes on Prop 98
This measure limits the government’s use of eminent domain to stated public uses, such as roads, schools, and fire stations.  Prop 98 would effectively stop the Grantville Redevelopment Project and restore the 5th Amendment to the U.S. Constitution in San Diego.  Support Freedom in Grantville!
No on 99
Prop 99 is the politicians’ sham eminent domain reform.  Its real purpose is its poison-pill provision, which would block Prop 98.  Adding insult to injury, there is evidence that the politicians are using your tax dollars, laundered through the California League of Cities, to fund their campaign to take your property.
<http://www.grantvilleactiongroup.com/>

Dishonest Campaign Mailers
By Ian Trowbridge, Mission Hills, Tuesday, May 6, 2008
Lorena is being disingenuous when she says the mailer was just a thank you to the City Council.
  According to Evan McLaughlin, political director of the Labor Council, they reported the piece as an election campaign mailer to satisfy the San Diego Election Ordinance that I helped put in place. And that is what it is--a "Peters for City Attorney" mailer.
  The mailer is a naked endorsement of Scott Peters for city attorney, and Lorena should be honest about that. Why conceal the fact by this foolish mailer?
 
Regulating the content of dishonest campaign mailers is too complicated for authorities.
  That is why public criticism is the only way to keep union and business interests in line.

Five former city officials charged with fraud by SEC
By DOUG SHERWIN, The Daily Transcript, April 7, 2008
  The SEC charged five former San Diego city officials Monday with fraud in connection with the city's false and misleading financial statements in five 2002 and 2003 bond offerings.
  Those named in the complaint were former city manager Michael Uberuaga, former auditor and comptroller Edward Ryan, former deputy city manager Patricia Frazier, former assistant auditor and comptroller Teresa Webster and former city treasurer Mary Vattimo.
  According to the SEC's complaint, the five former officials knew the city had been intentionally underfunding its pension obligations so that it could increase pension benefits but defer the costs.

SB 1295: Bad for California
SB 1295 could spell disaster for California’s coasts and the wildlife that depends on them to survive.
Take action today to help defeat this bill by urging your state senator to vote NO on SB 1295.
Help spread the word about this terrible bill. Forward this message to friends and family in California...

 The California Coastal Act is our state’s most powerful tool to ensure our coasts and our living oceans are protected.  But one state senator is pushing a bill to weaken this vital law.  We need your help to ensure it remains strong.
 State Senator Denise Ducheny (San Diego) just introduced SB 1295 in an attempt to strip the Coastal Commission of its right to appeal bad development proposals that violate the Coastal Act.

 The Commission's oversight ability is a cornerstone of the Coastal Act -- and, without it, our oceans, coastal communities and the wildlife that depend on healthy ecosystems will be put at serious risk.
Ducheny's bill is headed for a hearing in the Senate Natural Resources and Water Committee in early April. 
 Take action to stop it. Send a message to Committee Chairman Darrell Steinberg and your state senator right now urging them to block this bill by voting NO on SB 1295.
 Under current law, local governments are required to notify the Coastal Commission when they issue development permits giving Commissioners the chance to raise a red flag and appeal bad decisions within 10 days of being notified.
 If local governments aren’t required to notify the Commission of their decisions, many terrible development deals could slip through the cracks and do permanent damage to wildlife and their habitat.
Some local governments may even become more emboldened to approve destructive development plans because they know no one is likely to stop them.
 SB 1295 is a disaster in the making for our coastal communities, our beaches, important marine habitat, and the animals that depend on us to protect them.
 Help us defeat this dangerous bill by encouraging Chairman Steinberg and your state senator to vote NO on SB 1295.
Thanks in advance for your help,
Jim Curland, Marine Representative Defenders of Wildlife

City Auditor Vote... More of the Same
The Mon. March 3, 2008 City Auditor Mayors (Mayor picksCity Auditor) proposal motion by Kevin Faulconer, was reminiscent of the old Byron Wear/Murphy days.
  As his council opponents election flyer said, “Faulconer will be a rubber stamp,” he has.
  Following in Wears footsteps, he is pushing pay beach parking by a private firm, forwarding Navy Broadway another bad NTC deal, no resistance to Lindbergh Field expansion, pushing overdevelopment and ignoring community voices.
  Faulconer may want to look at his to predecessor’s political careers or lack of as he flushes his down the toilet.
  Also, Monday’s vote was the typical lockset Peters-Maddaffer approval of what the Junior League and a mass of recognized citizens call a mayoral power grab that takes our checks and balances out of our future budgets audits.
  Akins did her typical longwinded explanation criticizing the item, but voting for it.
  Maienschein, now running for City Attorney, did what he does only when he is running, and voted the right way for the publc.
  Hueso has turned into Inzunza, another rubber stamp.
  We hope San Diegans wakeup and vote better in the up-and-coming election. Actually vote for some of the better choices that are running. We need to turn around and end the rubber stamps that have made San Diego one of the most corrupt cities in America.

Jerry Sanders Is Susan Golding In Drag
Don Bauder, San Diego Reader City Lights, April 26, 2007
 Mayor Jerry Sanders packed his 15-person charter review committee with lobbyists and lackeys who are in the pockets of developers and downtown business interests. Now the community is fighting back. At least two groups, the League of Women Voters and the Center on Policy Initiatives, are setting up their own ... Full Article:
http://www.sdreader.com/php/cityshow.php?id=1607

Mayor and council members knew of the pension system's decline
Source U-T March 20, 2005
E-mail messages uncovered by Aguirre's investigators show that city financial officials knew of the pension system's decline as early as late 2001, with the mayor and council members Peters and Maienschein among those briefed a few months later. But for the next 18 months or so, city bond documents overstated the pension's assets and understated liabilities.

So Scott Peters claims he was mislead....ho, ho
Bad judgement is consistent on the part of two council member attorneys running for the city attorney's office.
UNION-TRIBUNE, , March 7, 2005

 Kourosh Hangafarin, the San Diego Port Commission's newest member, was touted as a "successful businessman" and a "proven community leader" by elected officials who supported his January appointment by the City Council.
  Maienschein was the first council member to submit to Mayor Murphy his nomination of Hangafarin. "Kourosh's extensive professional and civic involvement would make him a tremendous asset to the Port Commission," he wrote Nov. 30, 2004.
 Madaffer's nomination Dec. 6 described Hangafarin as "an energetic public affairs and operations professional with a number of years of experience in both private and public organizations."
  Peters said in his Dec. 7 letter that "Hangafarin would be an effective advocate for San Diego on the Port Commission."
 Hangafarin signed an unauthorized trade agreement with a Cuban food agency during a trip to Havana in February of 2005 prompting an investigation.
 A public records examination by The San Diego Union-Tribune shows that Hangafarin has a troubled financial history that includes two bankruptcies. Divorce papers he signed in April describe him as an "unemployed marketing executive" who couldn't pay child support for his three children.

Councilman who left office in 1977 joins mayoral race
By Matthew T. Hall, UNION-TRIBUNE, Feb. 15, 2008
Excerpt:
A Democratic candidate with a long résumé has surfaced in the San Diego mayoral race, and it's not Donna Frye, the councilwoman who came close in the past two elections but has repeatedly said she'll sit this one out.It's Floyd Morrow, a 12-year councilman who left office in 1977, later served as chairman of the Democratic Party of San Diego County and twice made unsuccessful mayoral runs in the 1980s against populist Maureen O'Connor.
  Morrow, 75, pulled nomination papers from City Hall on Wednesday to challenge Mayor Jerry Sanders, a Republican who so far has attracted only one other high-profile opponent, wealthy Republican businessman Steve Francis.
  Morrow vowed to be “competitive” in the race yesterday but suggested his spending won't approach the millions that Francis is likely to spend or even the hundreds of thousands of dollars Sanders has already raised.
  “We'll probably spend a little money on our own, but I'm not going to spend a lot of money,” he said.
  One consultant quickly dismissed Morrow's impact, but two others said he may shift the dynamics of what was shaping up as a two-person race with Sanders running from the middle and Francis courting voters on either side.
  “If he can spend some of his own money, then he becomes more viable because he has a true story to tell: He was there when the city had fewer problems,” said Larry Remer, who worked with Morrow on an unsuccessful 1991 council race.Candidates have until March 6 to return forms to the City Clerk's Office to appear on the June 3 ballot.
  The mayor's race is technically nonpartisan, but party support factors in.Morrow is a retired lawyer who founded a company that makes modular buildings. He worked in the City Attorney's Office in 1963 and 1964 before serving three terms as a councilman.

ONLY IN SAN DIEGO
Peters says his mistakes a result of bad advice

Gerry Braun, Union-Tribune February 20, 2008
  You can't say I didn't warn him.Last year, when it became obvious that San Diego Council President Scott Peters was going to run for city attorney, I gave it to him straight.
  You're going to hear so much about the Kroll Inc. investigation into the city's financial scandals, I told him, that you'll think your middle name is Negligent.
  Talk about being prescient.No sooner did Peters announce his candidacy Monday than he was asked about the Kroll report's famous finding that he and other city officials were “negligent” in approving a bond prospectus that concealed the city's financial problems from investors.
 
Admittedly, I was the one who asked. But it was only a matter of time before it came up. Somebody needed to break the tension.
  Peters, of course, was waiting with his answer.
  He didn't dispute the Kroll finding. He said he'd made a mistake, just as he made a mistake when he voted in 2002 to underfund the pension system. “You don't get do-overs in life,” he said.
  But now he's moved on.He's Post-Negligent.
  “The good thing that came out of it,” Peters said, “was we learned about what can go wrong and how to fix it, the importance of good information and the importance of good legal advice, and that's something I'll provide.
  ”I'm not convinced that anything “good” has come out of the City Council's lying to Wall Street, its underfunding of the pension system, or its vigorous shoveling of general fund money into the hole it dug.
  Nor am I excited to know that the city may soon issue bonds to cover its pension obligations, following in the footsteps of the county Board of Supervisors. Throwing a party and sticking future generations with the bill has always struck me as selfish and cowardly.
  Still, I'm willing to accept that Peters has grown as a result of his mistakes.
  He's like the young man who borrows the family car without asking, drinks a few beers and wraps it around a tree. There are valuable lessons to learn from such an experience; it can make him a better person, a more responsible driver. But he shouldn't argue that it's a “good thing” that his parents get to drive a new car. You can push a point too far.
  Which Peters soon did.
  I wasn't the only reporter throwing questions at Peters that day. In one media scrum, he was asked to explain the “blemishes” on his record. Peters, who by now was warming to this subject, again acknowledged that his vote to underfund the pension was a mistake, but he said the city has “more than recovered” from it and the system was in great shape.
  “In fact,” he said, “it's possible that because of the vote, and because of all the publicity generated from it, which was very unpleasant, that we're much healthier today than we were when I even started.”“It's possible?”
“That's a fact!”
  Talk about the power of positive thinking. Hearing this news, I wished that Peters had made more mistakes, because then the city might be even healthier. If he'd really gone wild, maybe we could afford to fix up Balboa Park or buy a fleet of firefighting helicopters.
  But I only had time to ask about one more mistake: his 2004 vote to change the city's sewer fees so that single-family homeowners, such as myself, were secretly subsidizing the sewer bills of politically connected commercial users.
  According to the Kroll report, Peters “knowingly and improperly” caused the city to violate federal and state law by voting for this improper subsidy.
  This time, Peters' response did not seem as well thought out.
  First, he objected to the term “subsidize,” saying it was editorializing. I actually thought it was more polite than saying “ripping me off.” But reasonable minds can disagree.
  Then he said the inequities were corrected through rebates and fee increases, though that isn't truly possible since some of the companies that benefited (some to the tune of $226,000 a month) are no longer around to pay higher fees, and some of the homeowners who were owed rebates (averaging less than $200) have left town or died.
  Finally, he said he was the victim of bad legal advice from the office of then-City Attorney Casey Gwinn. Which I believe.
  Bad advice – this time from City Manager Michael Uberuaga – also played a role in his 2002 vote to underfund the pension system, Peters said. That problem has all but disappeared, he said, now that the council has an independent budget analyst to “make sure that nothing's getting pulled on us.”
  In fairness to Peters, he's not the only city attorney candidate who got raked by the Kroll report, which, by the way, cost taxpayers $20 million to produce.
  Councilman Brian Maienschein cast those same votes and received the same rebukes. And Maienschein has also said that bad advice was to blame. It's a politician's Get out of Jail Free card.
  These are both smart, likable men, but I don't know if they're smart enough to convince voters that, given these records, they should be in charge of advising city government. What they need is a slogan, one that bridges their past mistakes and their future promise. And as it happens, I've got just such a slogan:
  “He gives better advice than he takes.
  ”Whoever uses it first can have it, with my compliments.
  Gerry Braun: (619) 542-4563; gerry.braun@uniontrib.com

Aguirre, Sanders and local fire safety
By RON CARRICO, Jan. 24, 2008, San Diego Daily Transcript
Which is more important: fix a problem or complain about the messenger?
  Apparently it is more important to The Union-Tribune to attack City Attorney Michael Aguirre than to report efforts to identify and perhaps problems in fire prone areas of our city.
 
The headline in The Union-Tribune "Our Region" section of the Jan. 20, 2008, paper read: "Fire safety latest flap for Aguirre and mayor." At first, I thought Mr. Aguirre had done something outrageous and destructive or tried to usurp the mayor's authority. Then I read the article and now I wonder about the editor's motive behind the title and the slant of the article.
 There is no question that the backcountry of the city and county of San Diego pose a severe fire risk. The fact that we have lost more than 4000 homes to wildfires in the past four years is causing officials to develop strategies to avoid or limit future disasters.
 The main point of the U-T article was to point out that state and city officials are working on stricter standards to protect homes in San Diego in high risk zones for wildfires. Apparently, the city must agree on map of the hazard areas and have new codes in place by July 1.
 But the U-T used this informative article as a platform to directly attack the city attorney. According to the U-T article: " ... Aguirre announced he was preparing legislation so the City Council can adopt maps to identify the city's most fire-prone areas." Apparently, Mr. Aguirre also " ... said that the city needs to set aside the usual practice of requiring compliance only from owners seeking permits for renovations or developments." And that the city must " ... deal with the fact that you have ignition-resistant new structures right next door to houses that are going to burn down." Finally, the article said Mr. Aguirre " ... suggested that financial assistance be found for those who can't afford the mandate ... "
 While I understand that conflict sells newspapers, I fail to see how Mr. Aguirre's actions deserves an attack by the U-T. It seemed to me that any ideas regarding wildfires from concerned city officials should be welcome. I can't recall our previous lapdog, underachieving city attorney doing anything about fire safety, even though wildfires have vexed this county since its founding. But apparently The Union-Tribune and feels Mr. Aguirre should simply shut up and keep out of the discussion.
 As a city we are lucky to have such an engaged and hard working civil servant as Michael Aguirre. But apparently the Union-Tribune will use almost any opportunity to attack him when he has good ideas.
 Let's face a few facts. In late summer and fall, San Diego's backcountry is primed for fire. The amount of fuel plus wind equals the size of fire almost impossible to control, travels very fast and burns almost anything in its path. We have separate city and county fire departments, and they apparently do want to join in one large department. However, the fires do not respect jurisdictional boundaries and generally start in the county and then come to the cities, depending on the wind.
 As a citizen, I have wondered why the areas on the edge of at fire-risk homes are not forced to comply with many mandatory regulations. I know in the Cleveland National Forest, owners are required to clean up at least 60 feet around their property and if they don't, the Forest Service provides the work and bills the owner. I also do not understand why there are not organized volunteer fire departments in at-risk areas.  These departments made up of willing and physically fit residents of the area could provide tactical on scene fire suppression. An example of this is the heroic fellow who put out so many developing house fires in Scripps Ranch. It seems like the insurance industry would be interested in helping in this effort if asked.
 Every swimming pool should have a large gas powered water pump and fire hoses available. Meanwhile, that fire-suppressant foam slime should be available to the volunteer brigade. Most of these volunteers would work for free to save their homes, but if we are worried about liability, we should have the volunteers sign waivers.
 So while City Attorney Michael Aguirre calls for the city to embrace the regulations and apply them to all property owners, including those with existing homes, Mr. Sanders is not convinced that current homeowners can be forced to comply. This is not a great divide, but the U-T reports:  "The mayor dismissed Aguirre's proposal Friday and called the disconnect between the city attorney and other officials "one of my continuing frustrations."
  It is clear the insiders that run the town along with the Union-Tribune want a new city attorney. And there is no question, Mr. Aguirre has been a big problem for insider interests but this "flap" article on the front page of the U-T is an editorial disguised as a news story. Apparently the U-T would rather attack Mr. Aguirre rather than initiate a dialog to solve a serious problem.
Carrico is a San Diego attorney and can be e-mailed at ron.carrico@sddt.com.

The story the U-T does not want you to read -
Dumanis and Chula Vista. 

12/29/07
 by Pat Flannery, Blog of San Diego 
Excerpt: "Chula Vista Better Government Association", called upon the Council to conduct an investigation into official corruption in Chula Vista. The letter was also sent to the State Attorney General and to the U.S. Attorney on December 7, 2007 asking that they:
" ... conduct an investigation to determine if there are conflicts of interests, abuses of power and prosecutorial misconduct involving John Moot, Chula Vista Mayor Cheryl Cox and the local District Attorney’s office. For the reasons listed below, we are not confident that the District Attorney’s office or the City’s Board of Ethics can perform a fair and impartial investigation into these matters.
 We further request that you investigate a potential  conspiracy involving former Chula Vista City Councilmember John Moot, the office of District Attorney Bonnie Dumanis, local land developer Jim Pieri and Chula Vista Mayor Cheryl Cox to deprive Chula Vista voters of good government by abusing their positions and power to improperly influence and intimidate elected officials and community groups on behalf of the proposed condominium high rise."
Full Article: http://www.blogofsandiego.com/

Arthur Levitt, former head of the Securities and Exchange Commission and leader of the Kroll consultants that investigated City Hall, told an audience in New York yesterday that the SEC should've stepped up its enforcement in San Diego.
Voice of San Diego.

Levitt told the New York Private Equity Conference he is frustrated the SEC never charged individual officials who were at the center of San Diego's troubles.
 Here was one of the nation's most beautiful, wealthiest cities with a strong regional economy, and it was on the brink of bankruptcy thanks to a group of political leaders more interested in looking out for themselves in the short term than the fiscal health of their city in the long term.
 And let me add that while the SEC took action against the faceless entity of the city, I am disappointed that they failed to bring a single action -- or hold accountable -- those individuals responsible for the San Diego pension crisis. Individuals were behind this debacle -- and individuals must be held responsible.
 Nov. 14 will mark the one-year anniversary of the SEC's settlement with the city of San Diego, which required the city to hire a monitor to oversee reform of its financial reporting systems. It stopped short of issuing the municipality a fine.
 But Levitt's report signaled that individuals would face federal sanctions as well.
 The eight former city officials that Kroll concluded to have recklessly or intentionally committed securities fraud have so far been left untouched by the SEC. Elected officials, including five sitting council members, acted in negligence, a potentially lesser charge of securities fraud, by approving those disclosures, Kroll opined.
 Council members have denied they were ever under investigation.
-- EVAN McLAUGHLIN, Voice of San Diego


Shame on you Tony Perry. I used to think you were a good reporter.
10/30/07 by Pat Flannery, Blog of San Diego
Excerpt: "Sanders has experience with life-and-death crises that require quick decisions. In 1984, when he was head of the city's SWAT squad, a gunman killed 21 people at a McDonald's restaurant in San Ysidro. The gunman was threatening to kill more when Sanders gave the green light that allowed a police sniper to kill him."

 Sanders made a quick decision all right, but it was the wrong decision. The fact is that he put his addiction to self-promotion before the lives of others.
Full Article

City Attorney Office Documents Facts Left Out of UT Story
Sunday October 7, 2007, the UT published a false story about
City Attorney Michael Aguirre's pension litigation and other matters.
Please take the time to read the truth in the attached letter to the
UT correcting the record.

The San Diego City Charter: What's in it for you?
The debate over revising the city of San Diego's Charter -particularly in light of the city's recent move to a "strong-mayor" form of government - is one of the most critical issues that will shape the future of the city.  
The Charter "serves as the constitution of our City government.. prescribing the relationship between ... the Mayor andthe City Council and the interaction of the City Attorney with both.
  "Despite the document's importance to the people of SanDiego, a massive behind-the-scenes fight is taking place to determine how much say the public will actually have indeciding the future governance of our city.

August 22, 2007:

A waste of taxpayers's money

Excerpt: By now it's crystal clear.  The Mayor's appointed charter review committee, like most frauds, is an expensive waste of taxpayers' money.  The Mayor wants specific Charter amendments to be put on the 2008 ballot with the goal of increasing his executive powers.  Real leadership would have entailed an open, direct, and cost-free way of advancing this agenda. 
 
A real leader would have ensured a financially conservative and thoroughly democratic process to improve city governance.
Blog updates at the San Diego League of Women Voters site:
http://www.lwvsandiego.blogspot.com/

 
Bowen emerges from shadows with dramatic decision
By Joel Rubin, Los Angeles Times Staff, August 5, 2007
 The secretary of state has championed some important, if low-profile, issues over the years as a legislator. Friday's late-night decision on electronic voting machines captured the limelightFULL ARTICLE

Without A Cause, Fund Tied to Mayor Keeps Growing
By EVAN McLAUGHLIN Voice Staff Writer, Aug. 7, 2007
The campaign committee that guided Props B and C to victory in November has continued raising money from donors with business at City Hall even though it doesn't have a formal cause.
FULL ARTICLE

Who's going to be King? Business or Communities?
by Pat Flannery, Blog of San Diego, 08/02/07
  The 2008 elections will be a watershed in San Diego history. Will our little slice of paradise become a playground for the rich, or continue as a livable American city? Right now its livability is under threat. The gulf between the "haves" and the "have-nots" is widening because even politicians from the poorer districts are catering to the "haves". FULL ARTICLE

 

Protect your rights as the legislative branch of city government
Letter to: San Diego City Council, July 1, 2007
Dear Mr. Peters and Council members,  
  
  Over time I've urged you to protect your rights as the legislative branch of city government from continuing encroachment by the executive branch.  I suggested you use budget authority as a step toward equalizing the branches. There is another, more effective and permanent way to equalize the branches.  You should take control of the pending charter review process.
  You should insist upon an elected Charter Review Commission, and you should not recognize the Mayor's charter committee as a legitimate expression of San Diego's interest in Charter revision.

  The Council should soon docket and discuss this matter, and it should quickly move toward an elected Charter Commission. 
  Open, honest, public discussion of charter revisions is the right thing to do, and we can get that discussion with an elected Charter Commission. 
 The Mayor's personal charter committee is at its end-stage. It will rubberstamp the Mayor's preferred charter revisions by early- to mid-September, in order to put a measure on the ballot for the February presidential preference primary. 
  I expect the Mayor's committee to recommend a charter which neutralizes legislative influence and converts strong mayor government into strong arm government.  
 I urge you to act soon and to give us an elected Charter Commission that will conduct its affairs honestly and openly, and that will respect citizen participation.

—Jim Varnadore, City Heights

Sanders today created a powerful enemy - Marcella Escobar-Eck.  08/23/07 by Pat Flannery, Blog of San Diego
Excerpt: Well, she's gone. Marcella Escobar-Eck is now  officially in the private sector, where she always was, even while you and I were paying her salary. She quit or was fired yesterday.
  These two emails from former Chief Building Official for the City of San Diego did her in. FULL ARTICLE
Marcela Escobar-Eck... Sanders Big Mistake
Regarding “Mayor trying to step out of Sunroad's long shadow/Another official leaves; Sanders vows changes” (A1, Aug. 24 Union-Tribune):
 City of San Diego Ex-Development Services Director Marcela Escobar-Eck was queen of “Bait and Switch” and “public giveaways,” as illustrated in the UT article “Regarding “Mayor trying to step out of Sunroad's long shadow/Another official leaves;” “Escobar-Eck was a key player in the deal that awarded development rights for the former Naval Training Center to The Corky McMillin Cos. The final agreement had the city losing out on potentially tens of millions of dollars. In an interview earlier this year, she was unapologetic about the contract terms.” 
 Escobar-Eck always favored the powerful developer interests by putting the screws to the public taxpayers.
  She thumbed her nose at Grand Jury reports, community planning groups, and anyone that wasn’t an insider.
  Safety and environmental concerns took a backseat to her developer friend’s projects.
  Many active community members were thrilled when Escobar-Eck left the city the first time. But, Mayor Sanders proved he was just another in a long line of “development mayors,” when he hired back the cities reliable “shill”.
  Sanders, seems to be following in Murphy’s footsteps, both claiming to be “reformers,” but appointing the same casts of rubber stamps.
  How long before Sanders follows Murphy into “Time Magazines, Worst Mayor List?”
  With appointing department heads like Marcella and Waring he is on his way.
Kathleen Blavatt, Watchdog

WHAT ABOUT BRIAN?
by Eric Wolff , City Beat, July 4, 2007
  Maienschein remains popular in his district, but City Hall is asking, 'Where has he gone?'
 When the City Council was ready to vote on whether the firefighters should get a raise, City Councilmember Brian Maienschein was missing. When the city was finally able to accept a crucial, long-awaited report from its outside auditor, KPMG, he wasn‚t there, either. Where is Brian Maienschein, anyway? It's one of the most frequently asked questions at City Hall these days. No current officials would go on the record, saying it would be a breach of unwritten etiquette at 202 C St. to comment on the behavior of a fellow official. However, based on numerous interviews, the sentiment appears to be widespread.
 "We call him on his cell phone, we call him at work, we call him at home–we can't find him," said one City Hall insider. "We don't know where he is."
"I know where he is on council [meeting] days," said another. "But that's about it."
 CityBeat couldn't find him, either. Despite repeated calls for comment this week and last, no one from Maienschein's office called back.
 Based on a review of minutes of City Council meetings from September 2006 through June 1, 2007, Maienschein missed large chunks of at least eight council meetings and missed roll call for parts of 12 others, more than any other council member. FULL ARTICLE

ONLY IN SAN DIEGO
Virtue club list is short – just ask Dumanis
Gerry Braun, Union-Tribune, July 11, 2007
Given the behavior of some of our elected officials, it's nice to know that a few politicians in this town remain pillars of moral rectitude.
  Three, to be exact. Let's call them the Axis of Virtue.
  They are San Diego Mayor Jerry Sanders, Sheriff Bill Kolender and District Attorney Bonnie Dumanis. Each is beyond reproach, whistle-clean.
  Says who? District Attorney Bonnie Dumanis, that's who.
  I learned of the Axis of Virtue only this week, when Dumanis and I met for lunch. True, about 40 other people were in the room. But for a short time, it felt like just the two of us.
  Dumanis had invited the media to meet with her Public Integrity Unit, which recently secured an indictment of Chula Vista Councilman Steve Castaneda on charges of concealing income and lying under oath.
  Nobody loves public integrity more than I do, so I was happy to join the party.
  Not surprisingly, the members of the Public Integrity Unit didn't want to talk much about the details of their work. They like secrecy so much that, although the unit formed 13 months ago, the public wasn't told until March.
  Give Dumanis credit for making this work a priority. Ferreting out public corruption is a serious business that can make lifelong enemies of powerful people.
  Her predecessor, Paul Pfingst, did little along these lines, perhaps heeding the lesson of his own predecessor, Ed Miller, who prosecuted Mayor Roger Hedgecock for election code violations. Miller drove Hedgecock from office in 1985 – and into the talk-radio gig from which Hedgecock would help to drive Miller from office a decade later.
  Ever diplomatic, Pfingst once tried to get the state attorney general to take over a case against a public official by saying it would be improper for him to prosecute a campaign contributor. I suspect contributions came rolling in after that.
  Anyway, getting back to the Axis of Virtue.
  Early in our lunch, we learned that Dumanis does not want anyone to think political considerations influence the Public Integrity Unit. For that reason, she has sworn off endorsing fellow politicians, or seeking their endorsements.
  At which point a certain columnist recalled that, just three weeks ago, Dumanis stood behind Mayor Sanders as he declared himself innocent of wrongdoing in his mishandling of the Sunroad issue.
  So I meekly raised my hand and asked Dumanis why, if she feels that endorsements send the wrong message, she endorsed Sanders' honesty in the middle of a political crisis.
  “Jerry is somebody I have known for about 14 years,” she said, “and if any investigation was to come to this office regarding Jerry Sanders it would have to go to the Attorney General's Office. So I felt comfortable standing up and vouching for the integrity of Jerry Sanders.
  ”She added: “I would stand with him today, and I would stand with him anytime.”It struck me that a statement like that is much better than a simple campaign endorsement. I'll be shocked if it doesn't appear on a Sanders mail piece next year. By reprinting it here, in fact, I'm probably doing more to help his re-election than all the public-relations wizards on his office payroll.
  Next I asked if Dumanis' effusive regard for Sanders would also prevent her from investigating his staff, for fear that the public would doubt the sincerity of her prosecution.Dumanis said she'd prosecute his underlings – “unless it was somebody who might be in his inner circle. I think that would go to the Attorney General's Office.
  ”How big is that inner circle, I wondered? I'd guess it's bigger today than it was last week.
  Though fearful of monopolizing the lunch, I pressed on: Were there other public officials whom Dumanis holds in the same high regard?
  “I hold a lot of people in regard,” she said, “but I don't know . . . that I wouldn't want to do their investigation.
  ”She thought a while. “Probably Kolender.
  I wouldn't do an investigation of him.
”I shouldn't have been surprised to hear the sheriff's name, given his emeritus role as the county's Godfather of Law Enforcement.

  Yet upon reflection, the “probably” should have sparked my curiosity. Does Dumanis know something about Kolender that prompted this momentary hesitation?
  Oblivious, I continued: Does anyone on the Board of Supervisors warrant such esteem?
  “No,” Dumanis answered crisply.
  Her tone told me there were no more Get Out Of Prosecution Free cards available.
  After lunch, Dumanis approached me with a follow-up thought: She hoped I would not misconstrue her comment about the county supervisors – who, incidentally, approve her office's budget – as a disparagement of their honesty.
  I assured her I would not.
  After all, the Axis of Virtue is an exclusive club: Sanders, Kolender and, of course, its gatekeeper, Dumanis herself.
  The rest of us can only stand outside and hope that, someday, we might be worthy of admittance.
  Gerry Braun: (619) 542-4563; gerry.braun@uniontrib.com

ONLY IN SAN DIEGO, McGrory's still there working at doing a deal
Gerry Braun, Union Tribune, 6/20/07
  Has it really been 10 years since Jack McGrory was city manager of San Diego?When he told me, I couldn't believe it. But then, I'm skeptical whenever McGrory tosses out a number.
  It is a fact, though. Our fair city has been without McGrory at its helm for nearly a decade. Time flies when you're staving off bankruptcy.

  While we've been recovering from years of fiscal irregularity – some, though not all, of which occurred on McGrory's watch – our affable ex-manager has been working for Sol Price, the warehouse store king turned civic do-gooder.
  If McGrory was seeking redemption, he found the right place. Price Charities is involved in admirable work, including some pioneering redevelopment projects in City Heights. McGrory, with his intimate knowledge of bureaucracies, has prospered as its smooth technician.
  How smooth is he? They say he could persuade a puppy to give up its bone, and a girl to give up her puppy.Yet he may have hit a wall in trying to persuade the city's revenue collector to give up on a $95,783.32 debt.

  For five years, the city has tried to collect the money from a Price operation called the San Diego Revitalization Corp. And for five years, McGrory has refused to pay up.
  The city says the money is for overhead it assumed when it helped San Diego Revitalization Corp. develop City Heights Center,
an office building and low-income housing complex on University Avenue.
  McGrory contends the sum is exorbitant, and not a “debt” at all, but an unsubstantiated “charge” concocted by “a bureaucracy that has run amok.”
 What? They juggle numbers at City Hall? When did this start?
  McGrory isn't backing down, and neither is Revenue Collection Manager Mike Vogl, who doesn't like having a five-year-old debt on his books, no matter who the debtor is.
  “There's no question the money is owed,” Vogl told me. “It's going to be collected.”
  McGrory, once the face of City Hall, now is fighting City Hall. You gotta love that.
  Especially because McGrory the Outraged Citizen is operating from the same bag of tricks he used when he was McGrory the City Manager – the back-room deal, the unwritten agreement, and the predilection for raiding one pot of money in the service of another.
It's been a Jack McGrory tour de force. I can't help but feel a bit nostalgic.
  For back-room deals, you can't beat this: Even before he refused to pay the $95,783.32 debt, McGrory had negotiated a “substantial” reduction in the project's overhead charges, according to city records. And this reduction was accepted not because the charges were unreasonable, but rather “to reduce the cost to the project.”Who signed off on that deal? Deputy City Manager Bruce Herring, that's who. Herring had been McGrory's right-hand man when he was city manager. How convenient.
  After Herring retired, McGrory took his pleas for further leniency to Hank Cunningham, who ran the city's Economic Development and Community Services Department. They also struck a deal.
  What kind of deal was it? A “verbal understanding,” according to city records. Cunningham understood that the debt would be paid at a future date as part of a future project. McGrory understood that the collectors would be called off.
  No need to put that in writing.
  But it turns out that the “verbal understanding” violated city regulations on two counts: It hadn't been approved by superiors, and it cited no justification for canceling the debt. And so McGrory got another bill in the mail.
  Cunningham had left the city by then, so McGrory struck a similar deal with a redevelopment official named Bob Kennedy, he told me, that erased the debt.
  “It's a dead issue,” McGrory said.
  I asked for a copy of the agreement, and McGrory said that, once again, nothing was put in writing. “Why not?” I asked. I knew the answer, but longed to hear him say it.
  “There wasn't any reason to get anything in writing,” McGrory said.Of course not. We're only talking about $95,783.32 – not even six figures.
  Meanwhile, the helpful McGrory has repeatedly suggested to the city that the debt be extracted from another source.
  “We have no objection to this bill being paid from the in-lieu taxes coming from the City Heights Center,” he wrote.
  In-lieu taxes, as I understand them, are taxes paid by a nonprofit, in this case by San Diego Revitalization Corp., instead of traditional property taxes. So, essentially, he's suggesting that the city designate money it already has, or expects to receive, as payment for an outstanding debt.
  I asked McGrory: “Isn't that like me telling the IRS that I don't want to pay my tax bill, but I have no objection to the bill being paid from Jack McGrory's taxes?
  ”He laughed. How I miss that laugh.I told him I was going to write a column about how Jack McGrory fights City Hall, so that all my readers who fight City Hall can learn from him.You can be their role model, I said.
  “That's really funny,” he said.

SD Election Integrity Activists Speak Out on May 22, 2007
 Scores of energized citizens descended upon the May 22 Board of Supervisors Meeting to voice their unhappiness with the conduct of elections in San Diego County. They voiced their dissatisfaction with recent ROV appointments of elections officials whose reputations are highly questionable.
 
The citizens voiced their concerns about electronic voting. They voiced their concerns about the erosion of democracy due to the way our votes are counted. And then these energized citizens took their opinions outside for a forceful press conference and rally. Members of various media interviewed activist leaders, among them Jim Hamilton of Secure Accurate Elections and Paul Lehto of Psephos.
 Read more on the topic at the following links:  Jim Hamilton's "Reflections on May 22nd." He asks, "How can election integrity citizens influence Mr. Walter Ekard, the Chief Administrative Officer who runs San Diego County Government, and the Board of Supervisors to pay serious attention to the problems of SD County elections?" MORE:
http://www.secureelections.org/activism.htm 

Communication Breakdown
By Scott Lewis, Voice of San Diego, June 7, 2007
 A few decades ago, led by the mayor who still gives some San Diegans goose bumps -- Pete Wilson -- the City Council pushed through campaign contribution limits for the first time.
 
Residents were fed up with scandals, the origins of which were attributed to a lack of controls over campaign financing.
  Since then, the contribution limits have hardly changed. A person can give $320 to a candidate for city attorney or mayor and $270 to a council candidate per election. In 1974, it was $250. That was worth a lot more back then. The low limit was bound to be usurped and, ironically, it was an event held in 2005 to honor Wilson that probably celebrated the beginning of the end of the effort to regulate how much money can flow to campaigns from big donors.
  And we're only now coming to terms with it.It was September 2005, just as the campaign to replace Mayor Dick Murphy was hitting its most intense stride. The local Republican Party hosted an event billed as a "Salute to Republican Elected Officials" with Wilson as the guest of honor.
  But the event's true purpose was not to salute Republican officials -- it was to crown more of them.
  It was a fundraiser of rather historic proportions for San Diego.
  To put some perspective on what happened, let's do this: Mayor Jerry Sanders recently absorbed a fair amount of flak from critics chiding him for not remembering -- and potentially being influenced by -- a fundraiser during his campaign that netted him $3,600 from a controversial developer and his friends.
  That's just a pile of pennies compared to the "Salute to Republican Elected Officials." The event raised contributions and pledges in excess of $800,000. Several hundred thousand would eventually flow to support Sanders' campaign.
  If someone showed up with a $3,000 contribution to this shindig, they might have gotten a "that's nice" with a half smile and a nod. It might actually, in fact, have been forgettable.
  There were much bigger checks being written.The Lodging Industry Association -- spearheaded by hotelier C. Terry Brown -- gave $65,000 to the Republican Party shortly after the "Salute."McMillin Management Services gave $45,000. Barratt American Homes gave $25,000. Hotelier Doug Manchester's Manchester Resorts gave $95,000 altogether in 2005. The list of contributors is long.
  A re-engineering of state laws in 2002 had made it clear there were no limits to how much money local political parties could accept from single sources. Suddenly, the law that capped individual donations -- and their possible corrupting influence -- was avoidable. FULL ARTICLE

IBA: Can't Count on BPR, Land Sales
Voice of San Diego,-- EVAN McLAUGHLIN, April 27, 2007
 
Mayor Jerry Sanders' 2008 budget proposal relies too heavily on strategies that have not been approved by the City Council, Independent Budget Analyst Andrea Tevlin said in a report released today.
  Tevlin said she is supportive of the mayor's effort to make city services more efficient through streamlining, but criticized Sanders for not providing enough information on the streamlining process, known technically as business process reengineering, and for tying those proposals to next year's budget when it's unclear if they will win the council's approval.
  As a whole, the IBA said Sanders is using land sales, BPR reports and the implementation of a program to free up hotel tax money as crutches to prop up his spending plan for the coming year, even though the council has not approved the ideas. Those strategies should be parsed from the budget until they are adopted, Tevlin said.
  The mayor has claimed that his budget proposal, which includes hundreds of layoffs, will not impact service levels, although he says that there is no way to measure the services the city provides. Tevlin said she was "skeptical" of the seemingly contradictory statement, and said the mayor did have some information at his disposal to gauge services despite his claim.
  The mayor's budget factors in $7.6 million for the hotel tax program, $15.3 million for land sales and $49 million in BPR savings. Here is a copy of the IBA's analysis. Check back later at Voice of San Diego

Well done Donna, you were right all along.  04/10/07, by Pat Flannery 
Excerpt:
Donna Frye took on both Sanders and Aguirre. And won!
The vote was 5 to 3 against the Mayor. The subject was the first reading of an Ordinance addressing Sanders' penchant for cutting city programs without telling anybody. He had claimed he didn't need City Council's permission to cut a swim program for poor kids.
  Wrong.
Two months later all Sanders has succeeded in proving is Frye's superior grasp of what the people of San Diego want. He may have a superior grasp of what the Chamber of Commerce and the Building Industry Association want, but he has no idea what the average San Diegan in the street thinks.
  He is the developers' Mayor and that's all.All my fears of a Sanders puppet horror show evaporated today under the steady hand of Ms. Frye.
  She had orchestrated the public's response to Sanders power grab with the finesse of a master politician. Her loyal supporters turned up in droves at City Hall to let her know they still love her. It was pleasant to see all the old faces from her campaign.
Mayor Sanders' all-embracing puppet show.  04/09/07, by Pat Flannery

Excerpt:
Sanders' fourth attempt (2/5/2007, 03/05/07 and 03/19/07) to defeat an Ordinance "Declaring budget change authority granted to the Mayor requires City Council approval if such action will result in materially and substantially reducing, altering, or eliminating service levels to the community, based upon the Fiscal Year 2007 Budget".
  Scott Peters and Tony Young proposed a compromise that would give Sanders the power to cut the Council-approved budget of any one department by 10% or $4 million, whichever is the greater. The trouble with this compromise is that it would give Mayor Sanders the power to leverage "influence" on the City Council.
  He has more than once demonstrated a clear tendency towards bullying in order to get his way.
 I can readily imagine a Councilmember identified as the swing vote on an important issue, getting a call from "staff" the night before the City Council vote. The unfortunate Councilmember would be told that "staff" had reluctantly decided that a certain program, (one known to be very dear to particular Councilmember and to an influential segment of his/her District) would have to be cut, for economic reasons of course.
You Have a Right to Know how Your Tax Dollars are Being Spent -

Below editorial discusses an the Council vote that would have impacted your Right to Know.
The public has a right to know
By Donna Frye,The San Diego Union-Tribune , March 15, 2007
http://www.signonsandiego.com/uniontrib/20070315/news_lz1e15frye.html

 This week, we focus on “a national initiative to open a dialogue about the importance of open government and freedom of information.” It is also a time to voice support for the “public's right to know what its government is doing, and why.”
 It is “Sunshine Week,” an appropriate time to analyze the public's role in the ongoing debate between the executive and legislative branches of government regarding budget authority, because, unfortunately, there has been very limited discussion about the public's right to know and participate. The outcome of this debate will determine whether the public interest will be served, how much information will be provided in advance of changing the approved city budget and whether the public's right to participate in the decision-making process will be protected.
 In February, after months of debate over whether the mayor of San Diego could unilaterally cut public services after the budget had been adopted, a City Council majority voted to enact a budget ordinance that protected the public right to know and participate. The budget ordinance requires that any change to the approved city budget that results in a material and substantial cut to a service level requires a vote of the City Council at a public hearing.
 However, a few members of the City Council and the mayor are attempting to derail this important budget ordinance by promoting “compromise” language that would upend the balance of power between the executive and legislative branches of government, limit the public's right to know and diminish your ability to participate in decisions about how your tax dollars are spent.
 Under the compromise, a public hearing and City Council action would not be required unless the proposed budget cut is a line item in the annual Appropriation Ordinance and results in a $4 million or 10 percent cut. It means that the mayor could cut about $48 million from the budget without a public hearing.
 In order to make an informed decision about which budget ordinance is best for the public (the original budget ordinance or the proposed compromise language), consider the following:
 At the Feb. 28, Budget and Finance Committee meeting, I learned from the mayor's chief financial officer that employees in the internal audit unit were reassigned more than a year ago to work on the overdue financial reports, and that no employees were inspecting invoices, purchases, time cards and department spending.
 This action raised a number of material issues that demand a public process, especially considering that the city's internal audit controls have been the subject of some very expensive studies, investigations and delayed audits. It also put San Diego in the national news once again, after a story appeared in The San Diego Union-Tribune about the internal audit unit being shut down. The public needs to know how this issue would be addressed under both the “compromise” proposal and the original budget ordinance.
 Under the compromise language, the elimination of the internal audit unit would not be a budget cut because the employees are simply performing a different city function. Therefore, no public hearing would be held by the City Council. At best, we might learn about it after the fact.
 Under the budget ordinance that I support, the elimination of the internal audit function would require a public hearing because it is a material service-level reduction.
 The public has a right to know how its tax dollars are being spent before, and not after, that decision is made. The compromise language is not in the best interests of the public and not in the spirit of open government. Instead, it allows one branch of government to make budget decisions outside of public view, thereby limiting the public's right to know and participate. What is the point of having months of public budget hearings if, after the budget is approved, the executive branch of government can do what it wants with little or no public input?
 As we celebrate Sunshine Week, it is important to understand why open government and the public's right to know matter; it matters because having access to government information empowers the public, and makes communities stronger. The City Council will be voting on this issue again on March 19, at a public hearing. I encourage all members of the public to get involved and participate. Your voice is needed, not just during Sunshine Week, but every week.

Waring Nets Bundle, Partner Destroyed
By Don Bauder, Reader City Lights, March 29, 200707
  Okay, so California Government Code section 1090 bans government officials from developing, negotiating, or executing a contract in which they have a financial interest. It's an obvious conflict; someone violating 1090 deserves to be punished. But what about the private-sector entrepreneur who goes into a partnership with a government official who then uses his government influence to benefit their business? The public employee may be charged with a 1090 violation, but what happens to the entrepreneur, who is not with the government? Probably nothing. Full Article: http://www.sdreader.com/php/cityshow.php?id=1591

Builder avoids search of offices
Requested records turned over to city

By David Hasemyer, Union-Tribune STAFF WRITER, March 24, 2007
  SAN DIEGO – Attorneys for Sunroad Enterprises, the company building an office tower that the FAA has declared a hazard to planes landing at Montgomery Field, reached an agreement yesterday with the City Attorney's Office that avoids a court-authorized search of its offices.The agreement called for Tom Story, Sunroad's vice president of development, to turn over the documents the city attorney was seeking in the warrant.
 
Sunroad spokeswoman Karen Hutchens said that by yesterday afternoon, the documents had already been identified, collected and turned over to the City Attorney's Office.
 She said the company would not comment on what the documents contained. The company has fully cooperated, she said, and will continue to cooperate.
  A deputy city attorney said the City Attorney's Office would have no comment because the warrant involves a criminal investigation.
  The Public Integrity Unit of the City Attorney's Office obtained the search warrant for Story's office Wednesday. But before the warrant could be executed, Sunroad's lawyers offered to turn over whatever records investigators were seeking.
  The warrant was ordered sealed by Superior Court Judge George “Woody” Clarke, so whatever proof City Attorney Michael Aguirre offered to persuade Clarke to issue the warrant remains secret.
  Earlier this year, Aguirre called for a federal criminal investigation of the developer and city building officials. At the time, he said Sunroad executives were “irresponsible” for putting up a building they knew exceeded the Federal Aviation Administration's height limit.
  Aguirre's office obtained the warrant in the midst of a legal battle over the 12-story building, which is under construction less than a mile northwest of Montgomery Field.
  Last year, the FAA declared the building a hazard to planes landing in bad weather at the Kearny Mesa airport, saying it exceeds the 160-foot safe height limit by 20 feet.
  Aguirre has filed a lawsuit to compel Sunroad to tear down the top two floors of the building. Sunroad has countersued the city for $40 million, claiming it has a right to finish the office tower because the city issued permits for the project.
  Hutchens said that on Monday, Sunroad will ask a judge to expedite Aguirre's lawsuit against the company.
  After the FAA labeled the building a hazard, the city's Development Services Department ordered Sunroad to cease working on the top 20 feet of the building. The city later modified that order to allow Sunroad to weatherproof the building by adding a roof and making other adjustments.
  Although walls were not mentioned in the modification agreement, Sunroad began installing glass walls on the top two floors last week.
  When city attorney investigators learned the walls were going up, Aguirre sent a letter to Sunroad revoking permission to weatherproof or do any other work on the top of the building.
  Still, work on the upper floors is continuing.
  Story said Sunroad decided not to abide by Aguirre's order because its lawyers said only Development Services has authority to issue such an order.

The Charter Review Committee.  03/22/07
by Pat Flannery
 
With only a few exceptions it reads like a Who's Who of the developer services community. It might be more aptly named The Developer Charter Review Committee.   
Alan Bersin, San Diego Regional Airport Authority board Chairman
Susan Channick, California Western School of Law law professor 
Barbara Cleves-Anderson, Community leader;  chair of the Friends of Lake Murray 
John Davies, Chair; attorney with Allen Matkins Leck Gamble Mallory & Natsis LLP; former president of CCDC; former chair of the city planning association; currently Judicial Appointments Advisor to Governor Schwarzenegger (his wife,  Patricia Davies had donated $16,150 to Schwarzenegger's election campaign). 
John Gordon, Principal, Pacific Management Consulting Group. 
Donna Jones, Lobbyist; land use attorney with Sheppard, Mullin, Richter & Hampton LLP; specializes in defeating CEQA appeals on developers' projects; she is currently working to develop Rancho Guejito; chair of the Infrastructure Committee of the Chamber of Commerce; vice chair of the Downtown Partnership. 
Adrian Kwiatkowski, Lobbyist; Director of Public Affairs, The Monger Company. 
Mike McDade, Lobbyist; attorney with Wertz McDade Wallace Moot & Brower. 
James Milliken, Vice Chair; Retired Judge 
Vince Mudd, President and CEO of San Diego Office Interiors. 
Mark Nelson, Lobbyist; Director of National Government Affairs for Sempra Energy 
Duane Roth, CEO of Connect 
Marc Sorensen, Senior Engineer and Program Manager for Space and Naval Warfare Systems Center’s 
Glenn Sparrow, San Diego State University Professor at the School of Public Administration and Urban Studies. 
Lei-Chala Wilson, Attorney, San Diego County’s Public Defender’s Office 

Mayor appoints Charter Review Committee
By ELIZABETH MALLOY, The San Diego Daily Transcript, 3/20/07
 More than a year after the strong-mayor form of government took effect in the city of San Diego, Mayor Jerry Sanders has convened a Charter Review Committee designed to make suggestions on ways the City Charter can be clarified.
 Fifteen community members -- eight recommended by council members and appointed by the mayor, seven chosen directly by the mayor -- have joined the committee and are expected to begin meeting in early April. They will look specifically at four central issues identified by the mayor: financial reform, duties of elected officials; interim strong mayor and permanent strong mayor.
 The main committee will likely divide into four smaller committees to address these issues.
 "When a city such as ours changes its form of governance after operating in a certain way for decades, it's to be expected that the new system may not have anticipated all of the changes that should have taken place, Sanders said when he introduced the committee Tuesday at City Hall. "That‚s what happened when our city changed to a strong-mayor form of government.
 The Charter Review Committee has been appointed now in hopes that the members will have suggestions ready for the June 2008 election cycle. Any changes to the city charter are subject to public referendum. Sanders said he does not know enough about the state‚s new February primary elections to speculate if charter issues could be placed on that ballot as well.
 John Davies, an attorney with Allen Matkins Leck Gamble Mallory & Natsis LLP, has been appointed chair of the Charter Review Committee. Davies has experience with other government work; he once served as president of the Centre City Development Corp. (CCDC) and he is a former chair of the city planning association.
 "We hope to be able to, by some time in the fall, come back with recommendations that address at least the focus areas that the mayor mentioned,‰ Davies said. „We will feel we‚ve done our job if we can meet that time table.‰
 Joining Davies on the committee are: Vice Chair Judge James Milliken (retired); community leader Barbara Cleves Anderson; San Diego Regional Airport Authority board Chairman Alan Bersin; California Western School of Law law professor Susan Channick; Pacific Management Consulting Group Principal John Gordon; Donna Jones, a partner with the law firm Sheppard, Mullin, Richter & Hampton LLP and chair of the Infrastructure Committee of the Chamber of Commerce; Director of Public Affairs for the Monger Co. Adrian Kwiatkowski; attorney Mike McDade of Wertz McDade Wallace Moot & Brower; President and CEO of San Diego Office Interiors Vince Mudd; Sempra Energy‚s Director of National Government Affairs Mark Nelson; Connect CEO Duane Roth; the Space and Naval Warfare Systems Center‚s Senior Engineer and Program Manager Marc Sorensen; Glenn Sparrow, a professor at the School of Public Administration and Urban Studies at San Diego State University; and Lei-Chala Wilson, an attorney in San Diego County‚s Public Defender‚s Office.
 This is San Diego‚s first Charter Review Committee since 1989. Sanders said the recommendations the committee makes will have an impact on city government.
 Initial charter change was, "a half-finished job with the passage of strong-mayor (form), Sanders said. "I think with this group, we would be silly not to take their recommendations."
Send your thoughts and comments to Elizabeth.Malloy@sddt.com.

IBA: Audit Div. Parched
-- ANDREW DONOHUE Voice of San Diego, March 14, 2207
 
  T
he city of San Diego should reestablish its internal audit function and recruit a new city auditor as soon as possible to do so, according to a report released today by the Office of the Independent Budget Analyst.
  The report comes weeks after Chief Financial Officer Jay Goldstone acknowledged that the city had shifted its internal auditing employees to its accounting division to help complete the long-delayed audit for fiscal year 2003 -- an elusive task that has compounded the city's financial woes.
  The audit division ensures that taxes are being collected properly and that city departments are performing efficiently and according to laws and regulations. The audit division's website claims having recovered $1.5 million annually from an average of 150 revenue audits. "Thus, the Audit Division of the Auditor and Comptroller's Office is integral to both the collection of significant revenue and to the effective operation of internal controls within City departments," the report reads.
  Even when fully staffed, San Diego's audit division employs slightly more than half of the number of workers as divisions at comparable cities across the country. In 2006, the city budgeted 18.2 positions in its audit division. That number dropped to 12 for fiscal year 2007.
  According to the IBA report, comparable cities boast an average of 22.5 employees.City Auditor John Torell left in January. Here's an article we did about Torell's tenure and his sharp criticism of the Mayor's Office.
Port Commissioner Back for Third Term
San Diego Business Journal, 3/7/2007, Mike Allen
 Steve Cushman, a now-retired car dealership owner, was reappointed as one of three port commissioners representing San Diego in a 5-3 vote by the San Diego City Council on March 6.
 Before reappointing Cushman to his third term on the board overseeing the San Diego Unified Port District, the council voted to waive a policy of limiting term limits on boards and commissions to two terms.

 The council earlier tied in a vote to rescind the waiver of the term limits, giving alternate Port Commission candidate Laurie Black a chance to be appointed. However, she could muster only four votes, one short of approval.
 In a subsequent vote, City Councilwoman Toni Atkins changed her vote and approved waiving term limits.
 Voting for Cushman were council members Atkins, Donna Frye, Ben Hueso, Brian Maienschein and Tony Young. Voting for Black were Kevin Faulconer, Jim Madaffer and Scott Peters.
 Cushman, former chairman of the Cush Automotive Group, has been on the Port Commission since January 1999. A wide array of business and labor representatives voiced their support for Cushman during the March 6 meeting.
 Black, a former chief of staff to former Rep. Lynn Schenk, was president of the Downtown Partnership, a business organization, from 1997 to 2000, and a member of the San Diego Regional Water Quality Control Board from 1999 to 2003.
 Cushman is one of seven port commissioners on the board, which represents five cities and oversees the tidelands adjoining San Diego Bay. San Diego has three commissioners while Chula Vista, Coronado, Imperial Beach and National City have one commissioner each.
Too Bad Donna Frye Isn't Mayor
By Anthony St. John, San Diego, Feb. 27, 2007
  Donna and Skip Frye were featured as San Diego's clean water advocacy leaders in the July 2006 issue of National Geographic, in the "Our Coasts in Crisis" article.
  Yesterday Donna's integrity to end The San Diego Union-Tribune era of City Hall corruption took precedent over the sewer and water rate hikes vote because she fully realized that clean water couldn't truly be achieved until the overwhelming culture of San Diego political corruption ends.

  Donna said it best in the National Geographic article: "Let me tell you, dirty water, dirty politics, it all comes from the same source."As long as the U-T keeps electing mayors like Murphy and Sanders, the corruption of San Diego politics and water shall never end. http://www.voiceofsandiego.org/this_just_in/
Frye Memo- e-mail this post
  Here is Councilwoman Donna Frye's memo regarding her concerns about the affordable housing density bonus proposal.In the memo, she argues that some decisions about the proposed incentives, which may be made by city staff and not the City Council, could be harmful to the public planning process.
  For example, determining which building restrictions an affordable housing developer can have waived could be clarified without a council vote.
  The public may be denied an opportunity to participate in decisions where there will be significant negative environmental impacts to their community.
  This is contrary to good public policy, and requires a more thoughtful approach than that which is being proposed.
-- EVAN McLAUGHLIN, Voice of SD, Feb. 22, 2007

Stealthy Money
San Diego Reader Breaking Stories, Feb. 22, 2007, By Matt Potter
  A subsidiary of the real estate outfit that recently recommended taking day-to-day approval of San Diego's real estate dealings away from the city council has again been tagged with campaign-reporting violations. According to a stipulation approved two weeks ago by the state's Fair Political Practices Commission,  Grubb & Ellis/BRE Commercial -- which has offices on La Jolla Village Drive in University City -- violated California's Political Reform Act. It failed to report in a timely manner a $50,000 late contribution it made on October 28, 2004, to "Citizens for Better Healthcare-Yes on BB," backer of a successful $496 million bond measure to upgrade hospitals and other health facilities in inland North County.
  Under state law, donors who give money after the campaign committee's final reporting deadline prior to an election are required to file their own separate disclosure of "late" contributions so that voters may be aware of who is giving to the cause right up to Election Day.
  For that lapse, Grubb & Ellis agreed to pay a $3500 fine. The company also didn't file a required "major donor" statement with the secretary of state, listing all of the contributions it had made that year, and agreed to pay an additional $930 for that omission.The stipulations follow Grubb & Ellis/BRE's September agreement to pay a $3000 fine to the City of San Diego for laundering $900 to the November 2005 campaign of Mayor Jerry Sanders through John Frager, the firm's chief executive. City law bars corporations from contributing to mayor and council campaigns, whether directly or via reimbursements to employees.  According to a September 18, 2006, stipulation between the company and the city's Ethics Commission, Frager made two contributions of $300 each to the Sanders campaign -- one for the primary and another for the runoff -- using his corporate credit card, which was covered by the firm. His wife Kristen gave $300 on her personal credit card, which Frager was later reimbursed for. The mayor denied having anything to do with the laundering.
  As it happened, in September of last year Sanders chose another Grubb & Ellis subsidiary, Grubb & Ellis Property Solutions Worldwide, to "provide the review and analysis required to recommend improvements to the Real Estate Assets Department's organizational structure, management practices, business processes, and operations." The final report, costing about $200,000, went before the city council's Housing and Land Use Committee February 7. It recommended that the council's involvement in the disposal of city land be limited to "batched approval," using "authority within a box."
  According to Grubb & Ellis, "most real estate decisions requiring Council action should be approved as part of a portfolio plan, rather than as individual transactions." It adds that "once a portfolio plan is approved, including thresholds and terms for typical transactions, [the Real Estate Assets Department] should be free to execute those transactions that comply with these guidelines. The appropriate focus of Council is to periodically review the guidelines and to address exceptions."
  Critics argue that without some kind of mandatory public airing of final sales terms and policy "exceptions," Sanders and his people may be tempted to unload city-owned land in stealthy sweetheart deals to friends and campaign contributors.

A different take on Jim Waring
by Pat Flannery, 1/11/07
Excerpt:
I agree with Scott Lewis of The Voice in his opinion piece today, that Jim Waring is "one of the most interesting people at City Hall", but not in the way Scott Lewis means it. Of course it all depends on how you perceive Mayor Sanders goals of "achieving regulatory efficiency", "expediting development" and "reducing the permit processing period". Very laudable goals if you happen to be a developer who contributed heavily to Mayor Sanders election.
  I'm not sure how it will improve the quality of life in the neighborhoods or protect the environment. Therefore unlike Scott Lewis I do not support Waring's goal of making it all "over-the-counter" for Sanders' developer backers.
  I am all for efficiency and expediting the permit process. As a small businessman myself I am all for reducing business costs, but what Waring is attempting to do has nothing to do with business or government efficiency or the reduction of costs. It has to do with avoiding CEQA compliance. His mission for Sanders and his developer backers is to make the whole development process "ministerial" thus avoiding public scrutiny. But they have forgotten one thing:
State Law. Section 21151(c) of the Public Resources Code says:

Full Article: http://www.sdreader.com/php/cityshow.php?id=1533
Mayor Sanders, A couple of questions:
Is KMPG further cooking our city's books?......
or are they just keeping the meter running to pay off the SEC on KMPG's bills past due with our taxpayer's dollars?
 
The Orange County Register Dec. 26, 2006. A Laguna Beach Businessman, C.S. Moison pleaded guilty on December 21st to conspiracy and wire fraud in connection with tax shelters promoted by KMPG. David Rivkin, a former KMPG tax partner pleaded guilty to conspiracy and tax evasion in March. Sixteen former KMPG executives have been charged by prosecutors with conspiracy and tax evasion. The case is set for trial in September 2007.
 In August 2005, accounting giant KMPG admitted to criminal wrongdoing and agreed to pay $456 million in fines to avoid indictment in a tax-fraud conspiracy case.
  In March 1999 the Securities and Exchange Commission accused Baker-Hughes and its accounting firm, KPMG, of violating the Foreign Corrupt Practices Act of 1995. The SEC alleged that the two companies conspired to bribe foreign officials to gain contracts in Indonesia, Brazil and India, disguising the bribes in its SEC filings as normal business expenses. The company settled with the SEC in 2001.
U.S. & SEC v. KMPG Siddharta Siddharta & Harsono and Sonny Harsono (Civ. Action No. H-01-3105), S.D. Tex. 2001 In a joint complaint, the SEC & DOJ charged the defendants with violations of the FCPA. Without admitting or denying the allegations, the defendants consented to the entry of a Final Judgment that enjoined them from violating the antibribery and books and records provisions of the FCPA. See SEC Litigation Release 17127. For related SEC actions against Baker Hughes and two of its executives, see SEC Litigation Release 17126 and Administrative Action No. 3-10572.
  Following accounting scandals KMPG changed the name of its business-consulting arm to BearingPoint. BearingPoint has been granted a $76 million USAID contacts in Iraq to oversee and manage , "Economic Recovery, Reform and Sustained Growth in Iraq." (Ref: USAID.)

  
Travails in Tax: KPMG and the Tax-Shelter Controversy  New York Law School
Abstract:     
The story of KPMG's emergence as an industry leader in the tax shelter market From the late 1990s into the next decade, KPMG devoted significant resources to developing and mass marketing hundreds of fraudulent tax shelters.
  Lawyers fighting over KMPG fees The W$J reports <http://online.wsj.com/article/0,,SB111948957674567209,00.html?mod=home_whats_news_us%20> that Bernstein Litowitz Berger & Grossmann LLP is arguing that Milberg Weiss Bershad & Schulman LLP may be 'colluding' with KPMG to hastily put together a new suit with a 'pre-packaged settlement ... presumably on terms less favorable to the class' than the Bernstein firm would hold out for. Of course this is all about fees for being lead counsel, an issue discussed by Bruce Kobayashi and me in Class Action Lawyers as Lawmakers, 46 Arizona L. Rev. 733 (2004), draft here <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=501548> . All of which should remind us that even if we don't have criminal penalties against KMPG, there are some people who are very interested in making sure that KMPG pays.  Indeed, one way to really frustrate that process is to put KMPG out of business.
The preceding is just a partial list.
Jarvis Ross, Point Loma
Wal-Mart Offers Incentives to Public Supporters
By VLADIMIR KOGAN, Voice Staff Writer, Nov. 28, 2006
Excerpt:
With upward of 2,000 community members anticipated at Tuesday's City Council meeting, the gathering promises to be an unusually large civic exercise in chambers more accustomed to sparse crowds.
  And with elected leaders scheduled to decide whether to ban Wal-Mart Superstores and regulate most other types of big-box retailers in San Diego, big crowds are exactly what one side involved in the debate desires.
 *Several senior citizens say they have been contacted by self-identified Wal-Mart employees who have offered them a free lunch for coming to speak out against the ban at the meeting, and free transportation to get there. The company also acknowledges that it has promised to validate parking for at least some of its supporters who show up.
Full piece;
http://www.voiceofsandiego.org/articles/2006/11/28/news/02walmart.txt
(*Similar techniques were used for Seaworld & Naval Training Center)
Breaking Stories: Orchestration
By Matt Potter, Reader City Lights, 11/1/06
  Critics of the Union-Tribune who say that the newspaper and some of its reporters are working too closely with San Diego mayor Jerry Sanders to help advance his agenda may find ammunition in an internal e-mail sent out last month to the mayor's staff by deputy press secretary George Biagi III. "The Mayor will be holding a press conference on Monday, Sept. 18th, at 11 am, in La Jolla at the former site of the former 'rat house' on Desert View Drive to announce to the press the progress we've made and the challenges that lie ahead for the city's READ [Real Estate Assets Department],"
  Biagi's e-mail begins, referring to a dilapidated house featured in a U-T exposé of the City's property management practices under ex-mayor Dick Murphy. "We're timing this to follow the anticipated Brooke Williams article in this weekend's UT that will be devoted to READ," Biagi continues. "Please note: The Mayor needs both Jims (Waring and Barwick) at this press conference, so please free up the space on their schedules so they can attend."
  If the article DOES NOT RUN in this weekend's UT, we will probably reschedule the press conference to coincide with the day that it runs. I'll also need some time on both Jims calendars on Thursday or early Friday so that we can finalize the fact sheet we'll be putting out on this as well as the mayor's remarks."  As it turned out, the story appeared that Sunday just as predicted, under the banner headline "City cleaning up real estate mess; changes are being made, but a lot of work remains." The mayor received favorable mention: "Mayor Jerry Sanders made revamping the Real Estate Assets Department a campaign promise last fall and a priority when he took office in December."
NO Private Residences on Constitutionally Protected Public Lands
 The State Lands Commission held a hearing in regard to a request brought by the Port Commission to construct an 8 story hotel with timeshare condos on the Harbor Island Marina Cortez leasehold.  This site sits between Tom Ham's Lighthouse and the former Travel Lodge hotel.  
 Tidelands are constitutionally protected public lands which are seaward of the historic high mean tide line. They are set aside for maritime uses and public access to the waterfront. While many questionable commercial uses have found their way on to these lands, the one use that until now has not been allowed  is privately owned residences. That is what the Port District seeks to change.

 The State Lands Commission has opposed these condos. Their position can be found below.  
  Protections of tidelands is ultimately heavily influenced by political pressure. That creates the need for the public to voice their support for the State Lands Commission position to the politicians who oversee this agency.  The contact information for the three - the Lieutenant Governor, State Controller and Governor (through his appointed head of Finance) - is below. They have the ability to open this door to privatization of the tidelands, and therefore create the need for a costly legal fight.
 This plan to put condos on our tidelands curiously was brought forward after Victor Vilaplana was installed as one of two City of San Diego representatives on the Port Commission.  
  Vilaplana is employed at the law firm of Seltzer Caplan McMahon  and Vitek. Selter Caplan was the law firm that crafted the Naval Training Center giveaway and also provided legal counsel to the City of San Diego Pension Board when it approved the increase in benefits.  
  Viliplana also acted as the legal counsel for the Economic Development Council when it lobbied for closure of the downtown Navy Broadway Complex for the purpose of providing Doug Manchester these public tidelands at an extraordinarily lowball price.  Vilaplana also served as the Port District representative on Navy Broadway.  
 The other San Diego representative on the Port District is Steve Cushman, who the San Diego Reader has reported is best friends with Brian Seltzer, the head of Seltzer Caplan.
 Selling off or privatizing public lands has been consistently been said to be the answer to San Diego's fiscal ills. This proposal, which does nothing more than increase the profits for a private developer while denying access by the public to their lands, is a clear example that concern for the city's fiscal health is not the driving motivation behind public land privatization. Rather, it is a small group of people funding local politicians to maintain a stranglehold on land decisions in order to maximize their private wealth. Lands Commission position
— For more info: John McNab, (619) 531-0773
Voice of San Diego Katheryn  Rhodes, Letter- Regarding the article,
"Doug is Not The Problem,"- Navy Broadway Complex

 The 1992 agreement for the Navy Broadway Complex is good for 25 years until the year 2017. In the event that no Developer Lease was recorded byJanuary 1, 2002, then the Agreement was to be of no force and effect without amendments.  In Section 4.5, it says the Agreement may be amendedfrom time to time or cancelled by mutual consent of the parties but only in the same manner as its adoption by ordinance. I believe only the City Council can pass an ordinance.  The City Council passed two amendments/ordinances, the last in 2003 to change the force and effectdate from January 1, 2002 to January 1, 2007.
  All the City Council has to do is pass a Third Amendment to the Agreement to change the force and effect date to a later year. There is no hurry to make a decision about the project by January 1, 2007, and Manchester cannot sue the City. At any time, any portion of the Property may be released from the Agreement.
  Also, the Navy is not obligated by the Agreement to redevelopany part of the Navy Broadway Complex or to enter into any Developer Lease.
  Also, the Navy shall have the right to transfer or assign its rights underthe Agreement to the selected Developers and the obligations andliabilities of the Developers which are described in the Agreement shallbe assumed in writing by the Developers.  In the Indemnity and Insurance Section 4.6, the Navy shall include the City, the Redevelopment Agency ofthe City of San Diego and the Centre City Development Corporation, their officers, employees, contractors and agents, as protected parties and as additional insured in the indemnity and public liability insurance requirements of any Developer Lease. 
  In the Third Parties Section 4.8,the contractual relationship between City and the Navy arising out of the Agreement does not create any third party beneficiary rights. Therefore,the developer (Manchester) cannot sue. There is no contract between the City of San Diego and Manchester.
  Also, the property is 13.67 acres in three parcels separated by E and F Streets. These streets currently belongs to the City of San Diego, not the Navy.

Mayor has first, last, only word on city info
Sanders' press policy riles civic watchdogs

By Craig Gustafson Union Tribune, STAFF WRITER, Nov.12, 2006
Excerpt:
Mayor Jerry Sanders defends the tight lid at City Hall, saying he doesn't want employees giving out wrong data.
  When Mayor Jerry Sanders took office in December, he blamed many of San Diego's problems on the city's operating philosophy of “delay, deny or deceive.”
  The former police chief pledged a new era of openness in city government.

  His record belies the tell-it-like-it-is attitude that Sanders projects when in the public eye.Internal memos, e-mails and interviews with dozens of city officials show that Sanders tightly controls the message coming out of City Hall.He restricts or delays access to public documents, prevents employees from voicing their opinions and carefully manages much of the information the city releases.
 Critics say the mayor's policies stymie attempts by civic watchdogs to apply checks to his actions and, ultimately, conceals from citizens what their government is doing.
  A few examples:In an Aug. 4 memo, Sanders outlined to city employees what they can and cannot talk about to reporters.
  He has told high-ranking city officials to file reports detailing their conversations with the news media and City Council members.
OVERVIEW
Background: Under San Diego's new form of government, Jerry Sanders is the first mayor to be responsible for the city's day-to-day operations. Within that role, he oversees how information is released to the public.
  Staffing: The mayor has a five-member communications staff, whose salaries total about $367,000 annually. His predecessor, Dick Murphy, and the former city manager had three press aides reporting directly to them; their combined salaries were $273,000 a year.
  News conferences: Sanders has held 115 since taking office Dec. 5. Murphy rarely held news conferences.He has ordered that all formal requests for public information go through his office. Even council members and City Attorney Michael Aguirre have to put their requests in writing, according to a May 12 letter by Sanders' chief operating officer, Ronne Froman.
For The Record VII, Monday's Host: Pat Shea
10/10/06 Excerpt:
Two weeks ago the mayor's office requested the council to "trust" the numbers coming out of his office and agree to "vouch" for and "approve" them to the public markets on their own. The U-T Ed Board weighed in (surprise) supporting this "blind trust" approach as a "demonstrate[ion] to Wall Street." But, by the middle of this past week, the U-T reported that the last round of numbers from the Mayor's office were, in fact, short about $700 Million Dollars.
  If the council had "vouched" when the idea was first raised two weeks ago, they'd have already hit responsibility for these errant figures over which they have absolutely no control. The council will vote on this "vouch-ing" idea on the 16th of this month.
  Just a Technicality:
The city's understated numbers, this time, were: retiree health care liabilities were understated by an additional $402 Million; and retiree pension deficit liabilities were understated by an additional $370 Million. Total City deficits for those two items alone now stands (at least for the moment) at $2.42 Billion Dollars.
Full piece; http://www.voiceofsandiego.org/cafesandiego/ CDC BOARD CHAIR POSTPONES DECISION ON NAVY BROADWAY COMPLEX
CCDC News,September 20, 2006 : CCDC Board Chair Postpones Decision on Navy Broadway Complex
Board to be updated on latest plans and public meetings on Sept. 27
San Diego, CA — The Centre City Development Corporation (CCDC) Board of Directors will postpone a final consistency determination on Manchester Financial Group’s development proposal for the Navy Broadway Complex site, announced CCDC Board Chair Jennifer LeSar.  While the Board will not take any formal action at its meeting on September 27, there will still be discussion on the issue.
 “This is such a vital project for San Diego,” said LeSar. “In light of all the latest input from multiple sources, I felt it was best to have an informational meeting first to bring our Board, including our two new members, fully up to speed on the input we received last week from our consulting architectural panel and information gleaned in the last few days from public meetings held by the City Council, Centre City Advisory Committee and the Broadway Complex Coalition.
  I believe that additional time is needed to evaluate this input.  Clearly, we heard at this week’s City Council meeting that taking additional time for review will not hinder the ability for the Navy and the developer to continue their lease negotiation process.”                                      
  The September 27 meeting will include presentations by the following:
• Manchester Financial Group regarding latest development plans;
• CCDC staff summarizing the process and ideas put forward by the Western Waterfront/Navy Broadway Complex Expert Design Panel held on September 9; 
• Navy Broadway Coalition summarizing their September 16 workshop; and
• Centre City Advisory Committee summarizing discussion at September 20 meeting.
The Board will then take public comment and have Board discussion.
 Details regarding the Navy Broadway Complex development proposal can be found at www.navybroadway.com.
Group brainstorms plans for landCitizens want updated look for Navy complex
By Dani Dodge, Union-Tribune, September 17, 2006
Excerpt: Yesterday, they dreamed. More than 50 people looked at maps of the downtown waterfront, and the prime location of the Navy Broadway Complex upon it, and envisioned a grand public square, great public art and an exquisite performing arts center akin to the Sydney Opera House.
 What's next
 “The most important point,” said Larry Herzog, a professor at San Diego State University, “is it should not be defined by private profit . . . but public infrastructure.”Until yesterday, public discussion of the Navy Broadway Complex has focused on Doug Manchester's development proposal, called Pacific Gateway.
  Manchester plans to build 2.9 million square feet of hotels, offices and shops on the 14.7 acres of Navy land bordered by Broadway, Pacific Highway and Harbor Drive – a plan he created to conform to a 1992 development agreement.
  The Broadway Complex Coalition, a private citizens group, held yesterday's workshop so people could openly consider other possibilities for the waterfront land. Members of the coalition emphasized San Diego is not what it was in 1992 and the dreams of those who created the development agreement are not the dreams of people today...
After Citizens Strongly Opposed the Cities City of Villages Smart Growth Plans... the SANDAG Board promotes the same Smart Growth and Density Map Plans
 Going through SANDAG is a tricky way for San Diego to circumvent most public opinion and push the smart growth map and policies.
 Friends of San Diego  had a legal settlement with the City of SD restricting their use of the Opportunity Areas Map prior to environmental reports and adoption of specific changes to planning and zoning. In July Friends of San Diego found out that they gave it to SANDAG for transportation planning!
 Friends of San Diego didn't address the SANDAG planners or board because the organization was too busy on other battles, like the "plan-buster" projects proposed for Hillcrest, and the new General Plan.
 The broader problem is that VERY FEW people pay any attention to SANDAG activities.  City officials tend to go along with the SANDAG staff, and the public has no clue that SANDAG decides major issues which affect their cities.
To find out more contact: Friends of San Diego, 619-795-1753
Frye takes public stance against Prop C
By ELIZABETH MALLOY, The Daily Transcript, October 30, 2006
 While she has spoken against Mayor Jerry Sanders‚ managed competition ballot proposal during City Council meetings, councilmember and former mayoral candidate Donna Frye took her campaign public Monday when she appeared with a citizen‚s group opposing the ballot measure.
 After appearing with Citizens Against Corruption: No on C, Frye said the language in Proposition C does not properly protect police and fire from outsourcing. Sanders has maintained since he first unveiled the ballot measure that public safety would remain under city control, but Frye said the language in the proposal isn‚t precise enough.
 Even withholding the public safety issue, Frye said she and other opponents are worried that Prop C will leave the door open to widespread corruption, with companies making large campaign donations in exchange for contracts, and she said the private sectors ultimate goal of profits will not mesh with the government‚s goal of service to the people.
 "Proponents say it takes the politics and the special interests out,” she said.  "Wrong. It opens the door to more politics and more access to special interest.” Frye also worried about private companies having no accountability to the Brown Act and other open-government protections.
 "Sanders has said there are multiple safeguards against corruption, including an oversight committee designed to look through contracts for ethical issues. Frye said she thinks councilmembers should have to recuse themselves from voting on contracts where the bidder has donated money to their campaign.
  Sanders‚ office has said in the past that this would be a violation of First Amendment rights, which allow anyone to donate to any campaign they wish.
Bad Uptown reviews on community forum
Union-Tribune Letters to editor 10/21/06
Last Saturday morning, San Diego City Council members Toni Atkins and Kevin Faulconer hosted a community forum to discuss planning issues in the Uptown community at Recital Hall in Balboa Park.
  We were told that more than 100 people showed up to participate.
  What we weren't told from the outset was that, despite having a say in setting the time and date for the meeting, Faulconer was going to bail on his constituents to honor a commitment to one of his children. He waited until 11:35 a.m. to make the announcement and left Atkins to hear from the remaining residents long after most of the developers and outsiders took their potshots at the folks living in Hillcrest, Mission Hills and University Heights.

  Not having attended such a community meeting set up by politicians in quite a while – probably with the intention to sooth the savage citizenry after the council's approval of the 301 University Avenue project – I was surprised when many of the residents who regularly attend such meetings said they believed the council members had stacked the speaker cards in favor of the developers and their supporters. It appeared the developers received most of the early speaking slots, along with what some folks referred to as the developers' speaking &ldquo