Statistics show crime decreased in San Diego

Statistics show crime decreased in San Diego

SAN DIEGO (CNS) - Violent crime in San Diego County decreased by 1 percent and property crimes by 13 percent in the first six months of this year, compared to the same period in 2013, according to...

Rewrite the Charter No. Two, the City Attorney

Rewrite the Charter No. Two, the City Attorney

Former City Attorney Mike Aguirre was right.

Running strong with Paul Greer: Post-marathon workouts

Running strong with Paul Greer: Post-marathon workouts

Post marathon recovery is one very important aspect of training that's frequently overlooked. Very often the effects of recovery leave runners feeling mentally and physically flat for weeks.

City Council members propose mandatory water restrictions

City Council members propose mandatory water restrictions

SAN DIEGO (CNS) - Two City Council members proposed on Monday that San Diego's voluntary water use restrictions -- like cutting back on watering the lawn -- be made mandatory.

  • Statistics show crime decreased in San Diego

    Statistics show crime decreased in San Diego

  • Rewrite the Charter No. Two, the City Attorney

    Rewrite the Charter No. Two, the City Attorney

  • Running strong with Paul Greer: Post-marathon workouts

    Running strong with Paul Greer: Post-marathon workouts

  • City Council members propose mandatory water restrictions

    City Council members propose mandatory water restrictions

SAN DIEGO

ID-100101472
September 26, 2014

Software tracking healthcare for homeless to go before City Council

in SAN DIEGO POLITICS by City News Service
SAN DIEGO (CNS) - Three major social services agencies would get a computer software system to track care for San Diego's homeless under a $400,000 plan to be considered by the City Council next week.
ID-100168350
Sep 25, 2014

Compromise reached between San Diego Housing Commission and Jobs Coalition

SAN DIEGO (CNS) - An agreement between a business group and the San Diego Housing Commission on the controversial increase of a fee on commercial development to pay for affordable housing projects…
ID-100267388
Sep 23, 2014

City Council approves more signature-gathering time for recall elections, among other decisions

SAN DIEGO (CNS) - A City Council committee Monday approved allowing more time to gather signatures for a recall election and widening the window during which a special election would be held.
54192fbcbbd29.image
Sep 17, 2014

Encinitas candidates field audience questions at Cardiff forum

Tuesday evening's forum between all five Encinitas mayoral candidates and four city council contenders gave voters a chance to survey who they think might best lead the city for the next few years.

COMMUNITIES

Sep 30, 2014

Hip and historic North Park

A dozen decades shown through rare, vintage photographs
Sep 30, 2014

15 California community colleges granted four-year degree programs

SAN DIEGO (CNS) - A newly enacted pilot program in which 15 community colleges will be authorized to award four-year degrees is ''a game changer'' that will allow California to meet its workforce needs in the years…
Sep 30, 2014

Community titan Jerry Fazio announces plans to retire

After 35 years with the Boys & Girls Clubs of East County, Jerry Fazio has announced his retirement.
Sep 25, 2014

Emotions fly over fate of small Encinitas farm

The fate of small Encinitas farm drew scores of neighbors and supporters to Encinitas City Hall Wednesday night—and may serve as a catalyst as to how or if urban farming should be regulated within the city.
Sep 25, 2014

Planners absorb details on proposed conversion of vacated Cabrillo Hospital into an international language school

Transforming a former hospital into an international language school topped the agenda for the Midway Community Planning Group on Sept. 17, along with plans for a new SDG&E substation near the airport.
Sep 24, 2014

‘Megadorm’ will stay

They did everything they could to stop it, but neighbors in the Rolando area southeast of San Diego State will have to live with BLVD63, a new 332-unit luxury apartment complex on El Cajon Boulevard.

Q&A with San Diego City Attorney Jan Goldsmith on Disagreements with Mayor Filner (Part 2)

goldsmithEarlier this week, San Diego Newsroom presented part 1 of its interview with City Attorney Jan Goldsmith.This second installment compares his previous relationship with former Mayor Jerry Sanders to that with current Mayor Bob Filner and discusses the Port Commission controversy, the Balboa Park flap and whether Goldsmith plans to challenge Filner three years from now.

Michael Rosen (MR): It’s not as if Mayor Filner is the first mayor you’ve interacted with. Can you compare and contrast your relationship with Mayor Filner to your relationship with Mayor Jerry Sanders?

City Attorney Jan Goldsmith (JG): With Jerry Sanders, we were still very independent, we said no and issued guidance. But the difference is, Sanders consulted with us beforehand and tried to get our guidance on how to do what he wanted to do. When we raised legal issues that he or his staff didn’t agree with, they’d come to us and they would say, “You’ve got this wrong because you haven’t considered these facts, you haven’t considered this, that or the other thing.” We’d take a look at them. They worked with us. We looked at it and tried to get it right. But if we said, “No, you can’t do that,” or “You can’t do it that way,” Sanders respected that. I’ve been practicing law for 37 years, and I’ve had many clients over the years. There’s not a client out there who likes to be told “no.” Clients want you to just bless what they want to do. It’s natural. Jerry Sanders had it, Bob Filner has it. In the final analysis, when we decide we’ve considered everything you guys have submitted to us, but we still don’t think it can be done that way legally, they would accept it. They understood that we had an independent obligation to make the final decision on the law. Filner does not recognize that, nor does he consult with us up front. And so there’s a huge difference.

MR: What’s been going on with the Port Commission? What can you say about the opinion about the controversy that your office just issued, which reversed several years of precedent and held that the mayor cannot veto Port Commission appointments?

JG: I wrote this opinion. The City Attorney’s Office’s initial opinion was in 2006, that there was a [mayoral] veto. There was not much analysis. It was just listed. And since 2006, the mayor has been given a veto right on every appointment. Our office issued an opinion earlier this year which continued with that legal opinion. I took a second look at it when the legislative counsel opinion came in. I do not agree with our January 17 opinion or the opinion since 2006. And so I reversed it. I’m very, very comfortable with the opinion I wrote. I’ve written hundreds, if not thousands, of opinions as a judge. I viewed it the same way I would view it if I were sitting as a judge on the issue. I’m very comfortable and confident of my position. But, I changed it, no question about it.

MR: What kind of backlash do you expect to result?

JG: I don’t know, and I really don’t care. My job and my lawyers’ job is to try to get it right, and that’s what we’ve done. This is a tough environment, and it’s been tough since the beginning of the year. It’s the kind of environment that almost invites mistakes, not only by our office but by the executive branch. It is a very difficult environment, and so my job is to try to get it right and try to focus on quality and let the chips fall where they may. It’s a solid opinion, and there’s not much I can say more than that I got it right and I exercised my authority as the city attorney and overruled the six years of opinions that were not correct.

MR: Your office has recently indicated a possible resolution to the Balboa Park remake plan, and specifically the Plaza de Panama issue. Can you explain what’s going on there?

JG: We had raised the issue of a project-specific ordinance that would allow the City Council to amend its ordinance to allow the Jacobs plan to move forward. We were asked by Council President Todd Gloria to provide a memo as to how that would happen, and that’s what we did. People need to understand that this is a quasi-judicial matter, approval of a project. Quasi-judicial means that you rely on the applicant to submit an application, and then you as the City Council have to consider both sides and you act almost as a judge. It’s different from other areas when the Council might approve a road or something like that when there’s an application. The applicant in this case was a group known as the Plaza de Panama Committee, the committee that was working with Irwin Jacobs. In order for the Council to consider this project-specific ordinance, the Plaza de Panama Committee would have to amend their application to ask for an amendment of the ordinance. So that’s the only way. The City Council can’t do that. My office can’t do that. It has to come from a third party, otherwise you’re not acting in a quasi-judicial manner because you’ve got to remain unbiased, sort of like a judge doesn’t act like a plaintiff or a defendant. You have to detach yourself from that, and it’s got to be the applicant. The PDP Committee decided not to include a project-specific ordinance, and they considered it, but decided not to. And they’re not going to do it now, from what I hear. So it’s nice to submit the memo about how you do it, but it’s probably not going to happen because they would have to file their application and amend their current application.

MR: Do you have any sense of why they wouldn’t want to do that?

JG: Well, Irwin Jacobs has said he’s kind of finished with it, and that’s probably the reason. Keep in mind what this is about. There is a city municipal code ordinance which essentially says in layman’s terms, you can’t alter a historical structure unless you can show that essentially there’s no real usefulness of your property without doing that—reasonably useful. The original application for PDP could have said, “We’re going to exempt this project from this ordinance.” They chose not to, and instead said it’s not reasonable. They said, “We have to touch the Cabrillo Bridge, which is a historical structure. The reason why we believe we can change this bridge is because Balboa Park’s core at the Plaza de Panama is at a level of service ‘F’ traffic-wise, just too much traffic congestion. And the reasonable use of Balboa Park requires a better traffic flow and pedestrian access to the Plaza de Panama exclusive of cars.” So they said, “We can meet that standard because we need to change the bridge to have a reasonable use of Balboa Park.” Judge Taylor said, “You know something, I’m not even going to consider that this is Balboa Park. I’m going to consider this the same way I consider anything else, and you have to show a very high standard, and I don’t think that’s the standard. I don’t think a level of service ‘F’ is enough to show the impact on Balboa Park.” What they could have done [was] submit an application saying, “We’re not going to meet the standard. We want to change the ordinance.” They chose not to. That’s just strategy. Maybe it’s because it’s harder to amend an ordinance than to get an exemption. So what I’m saying is they can still do that. They’d have to amend their application. And then the City Council would determine that based upon a quasi-judicial approach.

MR: You have said at times that we have a mayor who acts like he wants to be city attorney, as opposed to former City Attorney Michael Aguirre, who sometimes acted like he wanted to be mayor. But what about you? Have you given any thought to challenging Mayor Filner in three and a half years?

JG: I’ve said many times I don’t want the job. I’ve already been a mayor. I was mayor of Poway. I don’t want the job, so no. I know people are talking about it, but no, I’m not going to run for an office I don’t want to serve in. It’s nothing against the City of San Diego. It’s just that I like the law. My passion has been the law. Even when I was in the legislature, I served on the Judiciary Committee and loved it. My passion is the law, and that’s what I want to do, and I don’t really want to be mayor. So no, it’s not going to happen.


This email address is being protected from spambots. You need JavaScript enabled to view it., a San Diego Newsroom contributor, is an attorney in Carmel Valley and resides in La Jolla.

 

 

FITNESS & LIFESTYLE

Running strong with Paul Greer: Post-marathon workouts

Running strong with Paul Greer: Post-marathon workouts

Night owls can get fit, too

Night owls can get fit, too

Running Strong with Paul Greer: Water works to keep your body running smoothly!

Running Strong with Paul Greer: Water works to keep your body running smoothly!

Smart kids are healthy kids

Smart kids are healthy kids

Seven exercises that will keep your workout from working

Seven exercises that will keep your workout from working

Seven ways to crave less sugar

Seven ways to crave less sugar

Slow down your meals, slow down weight gain

Slow down your meals, slow down weight gain

Summer vacation health and fitness tips

Summer vacation health and fitness tips

Getting fit will impress your boss

Getting fit will impress your boss

Five flat ab secrets — guaranteed!

Five flat ab secrets — guaranteed!

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BUSINESS & FINANCE

September 30, 2014

Bumpy rides thinning wallets

in Business and Finance by Dave Schwab, writing for Uptown News
Transit agency warns of unseen costs caused by San Diego roads
Sep 30, 2014

Governor signs bill enabling community colleges to award four-year degrees

Gov. Jerry Brown on Sunday signed into law a historic measure that for the first time enables a limited number of California community colleges to offer four-year degrees.
Sep 30, 2014

President of Slovak Republic tours San Diego, learns about economy

SAN DIEGO (CNS) - The president of the Slovak Republic, Andej Kiska, toured San Diego on Monday to learn about the local high-tech economy and met with Mayor Kevin Faulconer for about 45 minutes.
Sep 25, 2014

San Diego residents affected by wildfire may qualify for refund

SAN DIEGO (CNS) - San Diego County residents who suffered damages in the May wildfires might be able to generate a quick refund by applying their losses to their 2013 taxes, the state Franchise Tax…

SAN DIEGO STOCKS

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QUALCOMM

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JACK IN THE BOX INC.

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MOST READ STORIES

OPINIONS BLOG

NY Gov Cuomo gives a billion $ to get a start-up company to move there -- the press loves it -- or ignores it

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Rewrite the Charter No. Two, the City Attorney

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Former City Attorney Mike Aguirre was right.

GOP Lt. Governor candidate risks alienating much of California with his dogmatic war against marijuana

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CALIFORNIA

Resigning Attorney General hailed by some, critized by others

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Gov. Brown files appeal supporting California teacher unions

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California legislators put water bond to the voters

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California water bond heading to November ballot

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Prop 49 no longer on November ballot

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