Dear %%TO_EMAIL%%:

This eNewsletter is jam-packed with more items than usual, but then again, there's a lot going on I wanted to update you about. Topics include the Mt. Soledad Cross, TransNet vs. TOT, Pershing Fields and a big congratulations to the Allied Gardens Little League. See below for more . . . .

With so much happening, keeping you up to date in my eNewsletter is a chance for me to tell you about issues and events and more importantly, for you to send me your thoughts and comments.  You can write me by clicking on the link.

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No More Piggy Banks

Last Wednesday, leaders from the San Diego region sent a message to the state Legislature: No More! They have been treating local governments like piggy banks to be raided in order to replenish the state coffers and we have to put a stop to this.

More than 20 local officials and public safety representatives gathered at the County Administration Building to deliver this message. The news conference was part of a statewide series of news conferences to urge immediate passage of the state budget including the most recent compromise proposed to protect local government.

Local leaders and Governor Schwarzenegger have been working together in support of a local government constitutional protection measure. The revised framework provides continued strong protection of local revenues in the future, while also providing the state with flexibility in the event of a fiscal emergency.

This revised compromise package is good for the state, good for local government and good for all Californians and is needed to protect the vital local services that each and every resident relies upon such as police and fire, emergency medical, health care, water delivery, parks, roads and libraries.

If you've followed my comments in prior eNewsletters, you've heard me explain that over the last 10 years our City has lost over $350 million - all because the State has ripped us off. This year was especially painful with pools closing in the winter and other severe cutbacks nobody likes.

I believe that the California legislators need to get behind the Governor's compromise for local government. The Governor's plan to protect local government does not raise taxes and does not take money from education and other groups. It simply stops the state from stealing local money and using it for its bloated bureaucracy. Local governments are tired of being doormats. I repeat, it's time for cities and counties to stop being nothing but piggy banks to be raided by the state.

County Supervisor Greg Cox, San Diego Councilmember Scott Peters, Sheriff Bill Kolender, La Mesa Mayor Art Madrid, Valley Center Water District General Manager Gary Arant and I were the speakers. Participants included Councilmember Phil Monroe, Councilmember Frank Tierney, Councilmember Henry Abarbanel, Mayor Lori Holt Pfeiler, Councilmember Mayda Winter, Mayor Mary Sessom, Mayor Mickey Cafagna, Councilmember John Minto, Councilmember Bob Campbell, City Manager Keith Till, Assistant City Manager Paul Malone and several police and fire representatives from Coronado, Imperial Beach, San Marcos and Santee. County Representatives included Supervisor Dianne Jacob, County Tax Assessor Gregory Smith and CAO Walt Ekard. Special Districts included Harry Ehrlich of Olivenhein Water, Judy Hanson of Vista Irrigation and Tom Hammatt of Moulton Niguel Water who drove down from Orange County to attend the event.

Leave Our Community Assets Local (LOCAL Coalition) organized the event. The LOCAL coalition is made up of more than 300 organizations around the state representing police and fire, health and emergency care professionals, labor, business groups, seniors, local governments, taxpayers and community groups. The members of LOCAL will be diligent in efforts to ensure legislators recognize how state budget funding impacts the constituents they were elected to represent. LOCAL will work at the grassroots level to ensure California residents are made fully aware of the impact of legislators' decisions on their local services.

I'll continue to keep you posted with significant updates and if you get a chance, please call your local Assemblymember or State Senator and urge them to support the Governor's budget.

For current details, you can visit a special page on the LOCAL website by clicking on this link.  LOCAL stands for Leave Our Community Assets Local.  You can visit the main page of the LOCAL website by clicking here.


TOT Ballot Measure: Cash Cow or a Big Mistake?

Goodness knows the City could use the money. Police and Fire would be the greatest beneficiaries should an increase in the City's tourist tax be approved by a majority of City voters. But the issue gets down to a matter of priorities and timing. Let me explain my concern:

Already scheduled for the November election is a County-wide ballot measure known as Proposition A. Prop A is asking the voters to extend TransNet, the ½ cent transportation sales tax adopted back in 1987. Over the next 40 years, TransNet, if approved, would generate over $14 billion to improve congestion management for the region - namely to reduce traffic. Voter approval of TransNet this November would help fund major highway expansion projects along Interstates 5, 8, 15, and 805 as well as State Routes 52, 54, 56, 76, 78, 94, 125, and 905. TransNet would support a robust public transportation system, including new Bus Rapid Transit services utilizing new carpool/managed (moveable) lanes along many of the major freeways. The $14 billion raised by TransNet would be matched with an additional $30 billion of expected State and Federal funds

More than 18 months in the making, the TransNet expenditure plan is based on input and involvement from residents, business, community, and environmental representatives, as well as Caltrans, transit agency, and city and county officials.

TransNet as it now exists expires in March of 2008. Regional leaders at SANDAG have placed TransNet on this November's ballot mainly to get a jump start on needed projects now. With early passage of the TransNet extension, SANDAG finance staff can bond early and get needed congestion relief projects started sooner and at today's low interest rates rather than waiting longer when construction costs and interest rates could be higher.

Several weeks ago, a court ruled the City of San Diego could place a TOT (Tourist Occupancy Tax) measure on the ballot that only requires a 50 percent majority for passage as long as no specific expenditure plan is listed. So, unlike TransNet which requires a 2/3 vote because it has a specific and very detailed expenditure plan, a general increase in the City's TOT tax, without a specific expenditure plan would only require 50 percent of votes for passage. I've always thought this to be backward--- 50 percent vote without a spending plan and 2/3 vote with a spending plan ---but that's California law for you and the topic for another day.

In any event, I remain concerned over voter reaction to placing two tax measures on the ballot at the same time. A City of San Diego tourist tax increase on the ballot would raise about $25 million per year; TransNet would raise about $14 billion over 40 years (that's $350 million per year to reduce traffic). TransNet will expire. The City Tourist tax increase does not.

The proponents of the Tourist tax had their chance earlier this year and their measure (which I supported) lost with 62% percent. It required 66.7 percent for passage.

Now it's TransNet's turn at the polls. The City's tourist tax increase is being hastily crafted - all because of a judge's ruling that the City only needs 50 percent for passage. That judge's ruling is under appeal.

Lastly, had it not been for TransNet, several very important congestion management projects now under construction (such as the I-5/ I-805 merge) would have been terminated late last year - all because of the State's fiscal crisis. But as a region we had TransNet in place, we were able to use TransNet to step in and keep the construction projects moving without costly interruption while the State sorted out its problems. And most importantly, San Diego is what the Feds and State officials call a "self-help" state because of TransNet. Because of TransNet, we have received a much larger share of State and Federal Transportation dollars than if we did not have TransNet in place. TransNet makes sense as it not only contributes important funding to the region for congestion relief and management; it is matched many times over by State and Federal dollars to help the important road projects we have here in San Diego.

My priority is TransNet for the November election. There is simply too much at stake for our region and we need to reduce traffic congestion NOW. TransNet is not a new tax; it merely extends one we are already paying and improves our roads. Why place another measure on the ballot to raise taxes - especially when another court could come along and rule it invalid?

I'd love to read your thoughts (by clicking here) and I would urge you to let the Mayor and City Council know how you feel as well by clicking on this link (use TOT as the Agenda item #).


Let The Public Decide

A very important issue is scheduled for City Council next Tuesday, July 20th. The issue is what to do about the cross atop of Mt. Soledad. In the recent past I've written about this issue. (Click here to read my comments in the April 30th eNewsletter).

The 9th Circuit Court of Appeal has declared the last sale of the Mt. Soledad cross to be unconstitutional. The 9th Circuit made their ruling by the way on the same day they announced that the Pledge of Allegence was Unconstitutional.

In essence, I think the people of San Diego should decide. I support placing this issue on the November ballot and letting the public vote.

If you can attend the City Council meeting, please be there. Your input is essential. The City Council meeting begins at 10 a.m. and takes place on the 12th floor of the City Administration Building located at 202 C Street. You may want to call the City Attorney's Office at 619-236-6220 to verify the meeting date and time in case things get changed at the last minute, but as of today, Saturday July 17, 2004, the matter is scheduled for Tuesday July 20.

There have been so many court decisions and appeals that make this issue slightly complicated. In addition, passions run high and so people tend to feel strongly one way or another. City Attorney Casey Gwinn recently wrote about Mt. Soledad Cross and he articulated the issue very well including some excellent history on the matter. He too believes the public should decide. Below is what he wrote.

"Let the Public Vote on the Future of the Mt. Soledad Cross Property"
by Casey Gwinn, San Diego City Attorney

Over 15 years ago, atheist Philip Paulson filed suit in federal court seeking to remove the Mt. Soledad cross, dedicated to veterans of WWI, WWII, and the Korean War in 1954 by the Mt. Soledad Memorial Association. The cross is one of the most distinctive, historical landmarks in San Diego. Today, the battle rages over its future. There are now two legal options: Remove the cross or allow a new public vote.

The issues with each option are complex and emotionally charged. To attempt to comply with the troubling rulings of the 9th Circuit Court of Appeals, the City has sold the property as suggested by the federal courts. In 1992, 76% of San Diegans voted to authorize the first sale. But that sale was struck down by a federal judge in 1997. Subsequently, the City Council authorized a second sale in 1998. The Mt. Soledad Memorial Association was the high bidder in the sealed bid process and purchased the property for $106,000. Pursuant to rulings in favor of the Association and the City by federal District Court Judge Gordon Thompson and a three judge panel of the 9th Circuit, the Association began improvements on the property and invested nearly $900,000 in a beautiful memorial to commemorate veterans that have served our country. Subsequently, the ACLU convinced the 9th Circuit to convene an eleven judge panel in an effort to overturn the rulings in favor of the City and the Association. They succeeded in getting the panel to rule 7-4 that the sale was unconstitutional by creating a novel legal theory based on an issue never before raised in the case.

Fourteen federal judges have now ruled on issues related to the 1998 cross sale. Seven have agreed with the City and seven have disagreed. Mr. Paulson's attorney has made clear that only removal of the cross from Mt. Soledad will satisfy his client. Mr. Paulson's attorney has been very clear with the City - if the City and the Association will not tear down the cross or remove it from the property, Mr. Paulson will attempt to have a federal judge order removal of the Association's new improvements. It is an offensive and hollow threat. But the Association, hoping to end the long legal battle, has now decided to support removal of the cross.

The City Attorney's Office, however, has analyzed the legal issues and concluded that there is a second alternative. Let the voters authorize a new sale of land and let a private property owner decide the future of the cross. Since the 9th Circuit has declared the last sale to be unconstitutional, the Mt. Soledad cross property should now revert back to the City of San Diego. Thus, the City can now hold a new public vote and let the voters decide in November, 2004 whether to authorize another sale of the property. We have concluded that the Association's beautiful memorial and the plaques purchased by San Diego families to honor their veterans can be legally protected irrespective of the future of the cross itself or the threats from Mr. Paulson's attorney. The City Attorney's recommendation for a public vote does not mean the cross will remain. It simply allows the public to decide whether a new sale of land should be authorized. If the voters approve a new sale, then a high bid process will select a new owner, in compliance with the new 9th Circuit ruling, and a private property owner will decide whether the cross stays. If the voters do not approve a new sale, then the cross will be immediately removed by the City.

On July 20th at 10AM at 202 C Street, the Mayor and Council will make the final decision whether to let the voters decide the future course of action related to the cross or whether to negotiate a deal with the ACLU and Mr. Paulson to remove the Mt. Soledad cross. Many have strong feelings about whether the cross should stay or go. The real issue, however, is the right of San Diegans to decide the future of this special property, owned by all San Diegans. Sadly, the Mt. Soledad Memorial Association Board has decided they would rather give in to the threats and remove the cross. Ironically, the many veterans memorialized by the Mt. Soledad cross and the new memorial walls, risked their lives and even gave their lives for the right of Philip Paulson and his attorney to seek to remove the cross. There should be no question about my position: I urge the Association to change its position and I urge the Mayor and Council to let the voters decide the future of the Mt. Soledad cross, not Philip Paulson and his attorney.


Congratulations Allied Gardens Little League!

We have some big winners in the community. Congratulations to the Allied Gardens Little League 9/10s for winning the District 33 Championship. The big game against San Carlos took place this Wednesday at Chollas Lake. The Allied Gardens team played an excellent game. Early in the game they went ahead and stayed on top. As any of the fans can tell you they displayed good teamwork resulting in a strong defense, strong pitching and good hitting. It was an exciting game. The final score was 10-2. I want to join their many well wishers in saying congratulations. We wish them well in the California Section 4 Tournament for 9/10 year old All-Stars. The tournament begins July 17th through July 21st. The winner of this tournament moves on to the Divisional tournament. Good luck.


Race Legal

You may have recently heard or read that RaceLegal.com, the alternative to Illegal Street racing program at Qualcomm Stadium had run into some financial difficulties. Management of RaceLegal.com has contacted my office for assistance and we are working with them and City officials to assist RaceLegal so they may continue operations at Qualcomm Stadium. My office has been in touch with the Police Chief, the City Manager and others to bring all parties together and resolve the issues.

I remain steadfastly committed to the RaceLegal program and will work hard to keep it a functioning entity. RaceLegal saves lives and it's a very important program for all of us.


National Night Out

National Night Out takes place each year on the first Tuesday in August including here in San Diego. The idea is to create public awareness about crime and drug prevention as well as strengthen police and community relationships. It sends a message that neighborhoods are organized and taking back their communities. The concept is simple: from 7 p.m. until 10 p.m. residents are asked to lock their doors, turn on outside porch lights and spend the evening outdoors with neighbors and police. Many neighborhoods throughout San Diego host a variety of special events such as block parties, cookouts, parades, visits from police, flashlight walks, contests, youth activities, and anti-crime and drug rallies. In District 7 we have two community events; one in City Heights and one in the Navajo area. See the Happenings in the District section below or call my office at (619) 236-6677. The City of San Diego has also recognized August as Neighborhood Watch month. If you have any questions concerning National Night Out or Neighborhood Watch, please contact the Neighborhood Policing Resource Team at (619) 531-2211.


Tres Amigos

Three amigos wielding chain saws and community spirit recently donated 10 man hours helping in the Navajo area. Kiwanis members John Pilch, John Peterson, and Jim Boley (pictured left to right) cleared out unwanted acacia and eucalyptus trees from the Jacaranda Bowl which is located on Waring Road and Adobe Falls Road.

This cluster of beautiful jacaranda trees was overrun with weeds and underbrush. We came up with the idea of having a work crew remove the growth. I allocated funding to the Navajo Community Foundation for this purpose. But before the crews could even begin, tree limbs had to be removed. It was the amigos to the rescue.

On July 5th they cleared a path and the very next day the crews came in and cleared out 45 yards of weeds and tree limbs from the football size Jacaranda Bowl. All of the greenery was recycled thanks to Pacific Waste Management that provided large dumpsters at no charge. Funding will allow us to be on a regular maintenance schedule for the next 18 months.


Saving Lives With AEDs

San Diego Project Heart Beat is a success story that just won't quit. As you know, AEDs are portable devices about the size of a laptop computer and are used to restore the heartbeat of someone undergoing sudden cardiac arrest. They are simple to operate and designed for the public to use. Without an AED, a person has a 5 percent survival rate.  With an AED, their survival rate skyrockets to 90 percent. I've heard the stories of nearly a dozen people alive today because of the work of San Diego Project Heart Beat. I am very proud of all San Diego Project Heart Beat has done to save lives. Click here for more information.

A big thank you to Kaiser Permanente. Kaiser generously donated a new AED which was installed at Lake Murray. Kaiser Permanente deserves credit for recognizing the need for one at the lake since so many people enjoy that facility. Speaking of generosity, an AED is being donated by a San Carlos resident, in memory of her husband, to the Lake Murray Tennis Club. And then there's the San Diego couple who donated an astounding $25,000 for the purchase of 15 new AEDS. They wish to remain anonymous and ask only that a plaque be placed on two of them in memory of an individual. To see a new AED video please click here.
 


Helping Seniors

There is a wonderful program that provides an additional level of safety and security for seniors. Its formal name is the Early Intervention Safety and Security Program but most people know it as the Caring Neighbors Program run by Lutheran Social Services. Here is how it works: volunteers provide limited minor repairs free of charge to low and moderate-income homeowners who are seniors meaning 62 years and older or individuals with disabilities. They install, repair and do yard cleanup. For example, repairs include installing grab bars, security doors and lights, smoke detectors, stairway railings, locks, fuses and house numbers. They repair fences, gates, screens, windows, doors, faucets, toilets and clogged drains. And they do limited yard work such a removing weeds and debris. The Caring Neighbors Program relies on funding and volunteers. The number of volunteers for the program determines the number of people served. I encourage you to find out more about this program and consider volunteering. Call the LSS office at 619-291-8725.


High Tech Turf

On July 10th we celebrated the new high tech turf sports fields at Pershing Middle School. Phase one was completed and that means nearly five acres of unsafe and ugly dirt fields are now green. The best part is that this artificial turf is safer with little maintenance. By using artificial turf instead of sod, we'll save nearly 8.8 million gallons of water each year. It is the largest single artificial turf project in Southern California.

Funding came from many sources and I was pleased to allocate $800,000 in community funds over the last several years, including some funding from when I was Chief of Staff to former Councilmember Judy McCarty.

There was a brief ceremony with speakers including Mayor Dick Murphy, Park and Recreation Department Director Ellen Oppenheim, Bob Kiesling of the San Diego Unified School District and Jon Lauer, President of Crusader Soccer. There was no ribbon cutting ceremony. Instead, we invited all the young people to run through the ceremonial ribbon. Afterwards four soccer teams played putting the field to use right away!

This joint-use project was formulated seven years ago and, despite many obstacles, was finally completed. It's another story of the little engine that could. A number of people put this train together and deserve special recognition: Dr. Bill Wilson, Chair of the Navajo Community Planners, Inc. Youth Sports Field Committee, Alan Bersin, Superintendent of City Schools, Jack Brouwer and Arnie Veldkamp of Superior Ready Mix, David Reed, the landscape architect, Greg Norfleet of Forever Green Athletic Fields of the West, Monty Koch and Chris Armstrong of Koch Armstrong Engineering, Pierre Alarie of Beyond the Turf Inc, Dan Brown of D&H Fabrication and Siegrid Karrie of the Pershing Foundation.  Special recognition is well deserved for Jay Wilson of my staff (he's the one in the photo with the grass on the propeller hat - sorry Jay, I just had to use that photo!) who spent hours and hours and hours working to make sure this project was completed.  Well done!
 


Missing Money $$$

Do you know someone who is owed money by the City of San Diego? They will want to know how to get their unclaimed money. Each year there are unclaimed checks issued by the City. You may wonder how that could happen but actually there are a variety of reasons. It could be that the recipient loses the check or forgets to cash it, the check could be lost in the mail or returned due to an old address. Unclaimed money remains in a fund for three years and after that a notice is published. Recently, the City began a new process that makes it easier for recipients to claim their money. One of the benefits is that recipients can download a claim form and mail it in. Thanks to our City Auditor's office for creating this new tool. For more information, click on this link.


Neighborhood E-Watch Keeps You Informed

The City of San Diego's Neighborhood eWatch provides information about crime incidents in the City of San Diego to the public for free via the Internet and is updated every 24 hours. I introduced this popular service last year and encourage you to use it. The web site address is: http://ewatch.sandiego.gov.


Happenings In the District

From time to time I include a few community events taking place throughout the District. Here are a few you may be interested in:

August 3 - Annual National Night Out event for the City Heights Community is being organized by the Kiwanis Club. There will be booths and activities from 2 p.m. until 7 p.m. San Diego Police Chief William Lansdowne, Councilmember Toni Atkins, and I will be among the speakers. For more information call my office at (619) 236-6677.

August 3 - Annual National Night Out event for the Navajo area will be a Night Out At The Movies beginning at 8 p.m. It will be a showing of the live action movie "Peter Pan." This free event will be on the grass at the Allied Gardens Recreation Center located at 5155 Greenbrier Avenue so bring a lawn chair or blanket. The San Diego Police Department's McGruff the Crime Dog will be there. This event is sponsored by the Navajo Community Foundation, the Allied Gardens Recreation Council, Cox Communications and the Grantville-Allied Gardens Kiwanis Club. For more information contact my office at (619) 236-6677.

I wish I could include every single community event but unfortunately I have to limit it to a few each issue.  We welcome submissions.  For an upcoming event you would like to see in the next eNewsletter, please email information to lwebb@sandiego.gov.


Thanks for reading the eNewsletter.  If you have any suggestions or comments, please email me at JMadaffer@SanDiego.gov

Best regards,

Jim.


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