[Bob Kuczewski]

San Diego Shenanigans

There has been some discussion about how the City of San Diego has protected the Torrey Pines Gliderport Concessionaire (David Jebb and now Robin Marien) from oversight. This topic exposes some of those actions.

Let's start with a step by step exposition of the City Council violating the terms of the 2007 CLEAN lawsuit settlement. Note that the links to the City of San Diego documents are given so you can verify all of this information for yourself.

• STEP 1. San Diego City Charter, Article V, Section 43.
  
  Here's how the San Diego City Charter defines Advisory Boards (highlights added):
  

  The City Council may by ordinance create and establish advisory boards. Such boards shall be advisory to the Mayor, Council or City Manager as may be designated by ordinance. All members of such boards shall be appointed by the Mayor with Council confirmation, and the terms of office of such members may extend beyond the elective term of the appointing Mayor. The members of such boards shall serve without compensation and it shall be their duty to consult and advise with the Mayor, Council or City Manager, as the case may be, but not to direct the conduct of any Department or Division. Members of such advisory boards shall be limited to a maximum of eight (8) consecutive years in office and an interval of four (4) years must pass before such persons can be reappointed.

  
  
  Here's how the San Diego City Charter defines Citizens' Committees (highlights added):
  

  The Mayor, City Council or City Manager may create and establish citizens’ committees. Such committees shall be created and established only for the purpose of advising on questions with clearly defined objectives, and shall be temporary in nature, and shall be dissolved upon the completion of the objectives for which they were created. Committee members shall serve without compensation.

  
  
  Here's the link to those documents on the San Diego web site: http://docs.sandiego.gov/citycharter/Article%20V.pdf
  
  
• STEP 2. CLEAN Settlement Agreement from 2007.
  
  Here's where the CLEAN Settlement Agreement specifies the creation of an Advisory Board (highlights added):
  

  WHEREAS, the settlement agreement requires the City to:
  
       :
  
  (4) Establish a Torrey Pines City Park Advisory Board whose members shall be appointed within 120 days of the date of the agreement and who shall include representatives of the following Gliderport user groups: (1) paragliders, (2) hangliders, (3) sailplane gliders, and (4) radio-controlled model sailplane gliders as well as at least two representatives from non-profit environmental groups.

  
  
  Here's the link to that document on the San Diego web site: http://docs.sandiego.gov/council_reso_ordinance/rao2007/R-302749.pdf
  
  
• STEP 3. Read what the San Diego City Council actually passed.
  
  Here's how the San Diego government actually formed the so called "Advisory Board":
  

  BE IT RESOLVED, by the Council of the City of San Diego, that there is hereby established pursuant to City Charter section 43(b) a Torrey Pines City Park Advisory Board to consist of eleven members who shall serve without compensation. The members shall serve for two year staggered terms. The members shall be appointed by the Mayor. The Board shall be composed of the following:
  

  1. One at-large member;
  2. One member from the San Diego Hangliding and Paragliding Association, to represent paragliders, and one member from the Torrey Hawks Hang Gliding Club who is also a member of the San Diego Hangliding and Paragliding Association, to represent hangliders.

  
  
  Here's the link to that document on the San Diego web site: http://docs.sandiego.gov/council_reso_ordinance/rao2008/R-303300.pdf

The language in the CLEAN Settlement was clear. The City must "Establish a Torrey Pines City Park Advisory Board". The language in the Charter is clear: Advisory Boards are formed under City Charter section 43(a). That section does not contain the limitations in scope and duration of 43(b). Yet somehow San Diego Resolution R-303300 was drafted to create an "Advisory Board" under City Charter section 43(b). How did that happen?

[Bob Kuczewski]

At the time of the previous posting (June 16, 2015), this forum did not have the ability to upload PDF documents. That feature has now been added, so this post contains uploads of the actual documents mentioned above.

The first document mentioned above is the San Diego City Charter Article V. That document is attached below in the file named "San_Diego_City_Charter_Article_V.pdf".

The second document mentioned above is the Settlement Agreement between the City of San Diego and the Coastal Law Enforcement Action Network ("CLEAN"). That agreement was approved as R-302749 and is attached below in a file named "R-302749_Settlement_Agreement.pdf".

The third document mentioned above is the City Council Resolution R-303300 which actually created the Advisory Board. That is where the City (Mayor and City Council) created the "Advisory Board" under City Charter Section 43(b) rather than 43(a). It's very clear from the documents, that 43(a) authorizes Advisory Boards and 43(b) authorizes Citizens Committees. The difference is very clear in their definitions. That document is named "R-303300_Council_Resolution.pdf".
  

[Bob Kuczewski]

Lori Zapf's comments back on December 7th, 2010

https://youtu.be/YI4TXL-XCPE