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.
If you are new to our
eNewsletter, welcome! People are regularly added to the
list by contacting our office or having joined from our
website. Do we have your correct zip code? Are you able to
view all the photos? (select HTML in preferences)
Please click this link and update your preferences so we can
send you the most relevant information.
If you know someone who might enjoy receiving
this email, you can send them their own copy -
simply click on this link.
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.