voiceofsandiego.org: Slop... Aguirre: Mayor's Corrupt
an independent nonprofit |
We depend on your donations. Consider joining us today.

Aguirre: Mayor's Corrupt

Published: Thursday, June 7, 2007 2:51 PM PDT



Wow. So City Attorney Mike Aguirre apparently called Mayor Jerry Sanders "corrupt" at a press conference earlier in the day.

I wasn't able to go. I assume there'll be some news about it. But the press release for Aguirre's event read as follows:

City Attorney Michael Aguirre will brief the news media about the March 31, 2007 Agreement between the San Diego County Regional Airport-Authority and the City of San Diego for Executive Loan of Services of Airport Authority Employee Theodore (Ted) C. Sexton, which violates Section 40 of the San Diego City Charter.

The Charter provides that the City Attorney "prepare in writing all ordinances, resolutions, contracts, bonds, or other instruments in which the City is concerned, and to endorse on each approval of the form or correctness thereof..."

The agreement was prepared without the knowledge of Aguirre. However, the Airport-Authority's legal counsel's signature is on the document.



I had called the Mayor's Office Tuesday trying to bait him into responding to related accusations by Aguirre earlier in the week.

I just got this e-mail from mayoral spokesman Fred Sainz (I'm just going to publish it all):

Scott:

I hope this email finds you well. As Evan may have told you, Mike held a news conference just a little bit ago on the Sunroad issue and called Jerry "corrupt." We're not taking the bait. Jerry feels strongly that he has to be the adult in the relationship and not allow the issue to degenerate into name calling. As I described to you earlier in the week, the mayor's relationship with Mike is analogous to the relationship between a parent and their adolescent. The adolescent oftentimes makes statements that are outrageous, inaccurate and hurtful. The parent has to maintain their composure, not take the bait and remember that they are the adult. That's what we intend to do.

The entire purpose of the Aguirre news conference was to question the Airport Authority's lending of Ted Sexton to the City. Ted was lent to us to help us determine whether or not the City should be in the airports business and whether the Airport Authority is better equipped to run our two airports. His responsibilities are articulated well in the attached document.

Mike is stating that Sexton was brought to the City for the express purpose of changing the landing patterns at Montgomery to accomodate (sic) the Sunroad building. Nothing could be farther from the truth. There will be no change to those landing patterns. Jerry fully supports reducing the building in size to 160 feet.

I wanted you to be aware of the issues at hand here and what Jerry said when he met with the press after Aguirre's news conference:

  • Public safety is my #1 priority.

  • I will not be satisfied until the Sunroad building is reduced in height to 160 feet. The FAA has told us that they won't be satisfied until that happens and I stand by them.

  • I support the City's lawsuit against Sunroad.

  • There will not be any alternative landing approaches at Montgomery Field. No one that broke the law should be accommodated. The status quo will remain in place until the building is reduced in size.

  • As of right now, planes only have to circle to the north or the south of 1% of the time - it's only in Santa Ana conditions with low cloud coverage. 99% of the time planes land from the east at Montgomery. That will continue.

  • With regard to Mr. Sexton, he came here in late March to help the City determine whether the City should be in the airports operation business. It may very well be that the Airport Authority is better suited to operate our 2 airports.

  • As I have said, we are taking a look at every city operation and this may be a good example of an operation that may be better off being done by someone other than the city.

  • Loaned executives are a best practice in the public sector. The City is receiving Mr. Sexton's services for free.

  • The City Attorney was aware of this being the case. This issue was discussed at a Rules Committee meeting in early April. Mr. Aguirre's representative was there. They said nothing and to date, we have not received any letters from them objecting to this practice.

  • The City has had 3 loaned executives. It's a good thing. We get the services of very competent professionals for free.

    Thanks and let me know if you need anything else.

    Fred


  • -- SCOTT LEWIS




    34 Comments so far on this story...

    How about some executive lend-leases for Mayor Sanders, Police Chief Lansdowne, Real Estate Asse(t)s' Jim Waring and Ms. Escobar-Eck? In the words of Sainz? Sanders? Sainz?, they are good examples of an operation that may be better done by someone other than themselves.

    Posted by Fed Up | reply to this comment
    June 7, 2007 5:13 am

    Well, I'll say this for Jerry's family: it's certainly disfunctional.

    Posted by Larry | reply to this comment
    June 7, 2007 5:20 am

    ridiculous! Are there not some Kearny Mesa squirrels better suited as recipient of Napoleon...er...Agui pesss conference bluster? Lending of an executive (who has no policy-making decision powers, only advisory) is a time-honored practice, subject only to "j'accuse!" from the most paranoid publicity-seeking egomaniacs. Our City Atty (for one more year) certainly fits that bill. Cut the fool's budget!

    Posted by Frank | reply to this comment
    June 7, 2007 5:31 am

    Great. Just what we need...a tantrum-throwing, name-calling, spoiled child running the city attorney's office. Maybe is Mayor Sanders would take Aguirre over his knee and give him a good spanking, that might solve the problem once and for all.

    Posted by Cheeky | reply to this comment
    June 7, 2007 5:45 am

    link The draft San Diego County Airport Land Use Compatibility Plan (ALUCP) was issued March 2005 and showed the Sunroad property in the Aircraft Traffic Pattern Area (Zone 6) for Montgomery Field’s Safety Compatibility Zone. Numerous comments were received in writing or offered at public meetings asking questions or making requests for modifications to the plan. One of the most extensively debated has been the definition of "existing land use." The definition of “existing land use” was first discussed at an ATAG Existing Land Use Subcommittee on November 21, 2005. The ATAG Existing Land Use Subcommittee was comprised of the following individuals: 6 of 11 (55 percent) are associated with Sunroad: John Ponder of Sheppard, Mullin-Sunroad lawyer and Sunroad Registered Lobbyist; Daryl Mutton of Sheppard, Mullin-Sunroad lawyer; Barbara Lichman of Chevalier Allen & Lichman LLP-Sunroad Lawyer; Paul Robinson of Hecht Solberg-Sunroad lawyer and Chamber

    Posted by Katheryn Rhodes and Conrad Har | reply to this comment
    June 7, 2007 6:21 am

    Paul Robinson of Hecht Solberg-Sunroad lawyer and Chamber of Commerce ATAG representative; Jerry Livingston of the Building Industry Association (BIA)-Sunroad is a member of the BIA; Tait Galloway of the City of San Diego Planning-City Planner who worked on the Sunroad project. The Airport Authority's ATAG Existing Land Use Subcommittee decided that “existing land use” means a City issued a Building Permit for a project. The Subcommittee came to their conclusions only after the first Building Permit was issued for Sunroad in March 2006.

    Posted by Katheryn Rhodes and Conrad Har | reply to this comment
    June 7, 2007 6:50 am

    After the FAA money was squandered and Tracy Means was fired(I mean resigned - link this makes complete sense. The City can't manage it's ariports effectively. Time for someone else to take over. I'm sure the airport authroity can do a better job than this: link .

    Posted by Sounds good to me | reply to this comment
    June 7, 2007 6:56 am

    Stick a fork in Sanders-that loser is DONE! Sneaking around behind the citizens od San Diego's backs to work a deal to change the flight paths so a dangerous bulidng, built against the law, can make money for a slim ball developer......I am pro real estate development, but what Sunroad has pulled is from the bottom of the barrel, and Sanders is right there along side those slim balls. We need a NEW mayor-one that is not all hot air and can offer some leadeship for the PEOPLE! Miek Aguirre should run for mayor-he has my vote. Mike is the only one willing to take on the status quo, and you must respect that-even if you disagree with him.

    Posted by Billy Bob Henry | reply to this comment
    June 7, 2007 8:20 am

    Where is Jim Waring? If he was the one negociating with all concerned parties, he should answer for all things relevant to it. The taxpayers pay him a lot of money to do his job. Many of these bullets are just plain false! There are many stories that contradict his statement. How are these guys still getting away with this?

    Posted by dan | reply to this comment
    June 7, 2007 9:03 am

    Does anyone know where Jerry takes his child Mikie after school lets out? I wonder if it is the same place where Billy Bobby goes. Maybe that is why they act so much alike!

    Posted by RW | reply to this comment
    June 7, 2007 9:30 am

    The Mayor and his staff must think we are all just dumb and will just take what they say as being valid. There is no such thing as an Executive Loan Program other than donating your services to a charity like the United Way. Scott, can you please ask Fred to name the 3 loaned executives? Not that it would do any good since I am sure they can find three people to play the part. This was all made up to mask the illegal meetings they had behind closed doors. To clarify, the law of agency has long recognized that a person generally the servant of one master can become the borrowed servant of another. If the borrowed servant commits a tort while carrying out the bidding of the borrower, vicarious liability attaches to the borrower and not to the general master.

    Posted by Sal D'Anna | reply to this comment
    June 7, 2007 9:32 am

    The Mayor and his staff must think we are all just dumb and will just take what they say as being valid. There is no such thing as an Executive Loan Program other than donating your services to a charity like the United Way. Scott, can you please ask Fred to name the 3 loaned executives? Not that it would do any good since I am sure they can find three people to play the part. This was all made up to mask the illegal meetings they had behind closed doors. To clarify, the law of agency has long recognized that a person generally the servant of one master can become the borrowed servant of another. If the borrowed servant commits a tort while carrying out the bidding of the borrower, vicarious liability attaches to the borrower and not to the general master.

    Posted by Sal D'Anna | reply to this comment
    June 7, 2007 10:04 am

    If Aguirre is as accurate in his accusations as he is in his court pleadings, Sanders doesn't have much to worry about. Did you see Judge Rhoades' stinging rebuke of Aguirre and his poor lawyering today? It's like groundhog day (or is it squirrel day?) The money we're spending on this clownish attorney . . .

    Posted by Ron | reply to this comment
    June 7, 2007 10:33 am

    If two liars lie in the press, can you hear any truth?

    Posted by Joe | reply to this comment
    June 7, 2007 10:58 am

    Free?? What an insult to taxpayers! Mr. Sexton is being paid by the taxpayers! We pay for Airport Authority workers with the very same taxes that pay for city of San Diego workers. Mr. Sainz and Mr. Sanders truly think we are idiots! So who are the other two "loaned" executives and what agency is paying them and not getting their services? Does the city of San Diego loan executives to other agencies? If so, how many are working for other agencies right now? Budgets are supposed to reflect the number of employees working for the agency and doing the work of the agency. Does the Airport Authority budget for a position to do the work of another agency? Who is doing the work at the Airport Authority that Mr. Sexton's position is supposed to be doing?

    Posted by Free?? | reply to this comment
    June 7, 2007 11:52 am

    Must be hard on Mike, knowing his "Dad" is engaging in a criminal activity....lol.... ..pretty soon "Daddy" might be spending time in the Big house.....

    Posted by Billy Bob Henry | reply to this comment
    June 7, 2007 1:21 pm

    City Attorney Mike (Quixote) Aguirre is simply over-reaching again! I suspect he thinks he must “Bless” All city documents or else they will be considered illegal! Wake up folks—Aguirre is costing San Diego a lot of money as well as a lot of acrimony! I eagerly await Aguirre’s “proclamation” that he is now able to walk on water!

    Posted by Howiek | reply to this comment
    June 7, 2007 8:12 pm

    As for La Playa Heritage, please be careful about guilt by association and running up the ladder of inference. For instance, Tait Galloway is a planner with the City but did not "work on the Sunroad project." He works on policies for land use around airports, not specific projects. He became involved with the FAA, Sunroad and lots of City staff in trying to sort out -- after the fact -- what to do about the hazard determination by the FAA. And the inference that "existing land use" discussions in 2005 or 2006 would benefit Sunroad is irrelevant. As I understand California law regarding airport land use planning and the City's treatment of the New Century Center master plan since 1997, Sunroad would not be subject to these revised plans. The key decision was letting Sunroad change from 45-foot retail/commercial/of 6-story development to 180-foot 12-story office-building on 1/3 the land.

    Posted by Rick Beach | reply to this comment
    June 7, 2007 9:18 pm

    How can the mayor say he wants the building height reduced when he wrote to the FAA just a couple of weeks ago to tell them he wants the approaches changed? I don't know if he is corrupt but he sure is a liar. Or maybe that just makes his a politician?

    Posted by Paul | reply to this comment
    June 7, 2007 9:30 pm

    As for someone other than the City doing a better job than Tracy Means, that has already happened. The Airport Advisory Committee is very happy that Mike Tussey, Deputy Director, Airports Division, has been effective in turning around a bad situation into something much better over the past 2 years. The idea of the Airport Authority running the City's two non-commercial general-aviation airports raises some troubling questions. Will they spread the commercial service to Brown Field? Neighbors stalled any development at Brown Field for years because of a cargo proposal. Does the Authority understand the different funding arrangements from getting tens of millions in passenger taxes, commercial fees and airport grants for Lindberg to getting occasional million-dollar grants for basic necessities at Brown Field and Montgomery Field? And will the voice of the aviation community be heard over the developers and commercial operators?

    Posted by Rick Beach | reply to this comment
    June 7, 2007 9:42 pm

    After Steve Peace foisted the Airport Authority on us, they spent millions of tax dollars, lobbying us for an airport at Miramar for the developement community(that wanted to develope that area and Lindbergh). Then the mayor got to appoint his crony to head the A. Authority. Now with no new airport to build, it looks like the A. Authority wants the city airports to manage(or dispose of). What was wrong with the Port of San Diego's management of Lindbergh Field?

    Posted by Steve K | reply to this comment
    June 7, 2007 10:04 pm

    Sanders isn't corrupt, but he is a wuss. Many supported his mayoral candidacy because he appered to be self-assured and able to stand up to Aguirre's smear tactics. But he quickly and cravenly became another appeaser, a cowed pol, idly and mutely standing by while Aguirre smeared anyone who disagreed with him. Now its his turn. His protestations are too little and too late to be credible. He had a chance to show strength and honor, but he failed. Sanders slept with a dog, now he has fleas. As Churchill said "an appeaser throws his friends overboard hoping the sharks will eat him last"

    Posted by tseuG | reply to this comment
    June 7, 2007 10:32 pm

    Free says: "We pay for Airport Authority workers with the very same taxes that pay for city of San Diego workers." The Airport Authroity is an independent agency and it's revenues come from the airlines and other companies that pay rent in the terminals, not the City taxes which pay for the City. Get your facts straight. Airport funding is governed by Federal Law.

    Posted by Sounds good to me | reply to this comment
    June 8, 2007 12:41 am

    Rick, the Airport Authority can't shift commerical to Brown. The City already killed that with development and the terrain is too great for commercial. It could under a consolidated agency shift GA to Brown and Montgomery as New York has done with Teterboro. There is ample case law on the books regarding this which would allow them to squeeze every inch out of Lindbergh. It would also allow them to spend money made at Lindbergh on improvements at Brown and Montgomery as long as the goal is to enhance Lindberghs capacity. A financial option not presently available. Steve... If the Port was doing such a good job with the airport, then why is the airport suddenly so profitable, even in the face of post9/11?

    Posted by Sounds good to me | reply to this comment
    June 8, 2007 12:45 am

    Reference a "system of airports" here si a good read on how methods can be employed to share resources when a single agency has control of multiple airports (Starts on Page 9 - read footnotes): link

    Posted by Sounds good to me | reply to this comment
    June 8, 2007 1:00 am

    I knew it was only a matter of time before BillyBob (aka Pat Shea) suggested Mike Aguirre for mayor. That has been Aguirre's intention all along-to be the mayor. It also explains why he can't focus on performing the work he was elected to do, namely run the city attorney's office. He is too busy trying to make policy changes that are under Mayor Sander's purview. All of Aguirre's news conferences, interim reports, character assasinations and accusations of others, pretending to be environmentally green-friendly, and concerned about squirrels is all a big show and cover-up to conceal his true goal - keep his face and name in the news and boost his image until the next election. Then he will announce his plans for mayor. Maybe BillyBob can be his campaign manager.

    Posted by Cheeky | reply to this comment
    June 8, 2007 1:17 am

    Wuss Sanders, not his own man, over-relied on his Carl Rovian advisor Fred Sainz. With years left before the next election, Sainz said, "gee boss, look at Aguirre's approval ratings, we better kiss up". Now, rich irony, Aguirre's supporters will turn on Sanders 'cause Aguirre has, and Aguirre's enemies have turned on Sanders for his cowardly appeasement. Heck of a job, Freddie!

    Posted by tseuG | reply to this comment
    June 8, 2007 3:31 am

    I sure would like to see the full text of those emails about the meetings between the Mayor and Sunroad around 12/06. I can't find them anywhere. References, sure. But, I want to make up my own mind.

    Posted by San Deigo Lawyer | reply to this comment
    June 8, 2007 7:33 am

    Sounds good to me wrote "Get your facts straight. Airport funding is governed by Federal Law." You should get your facts straight before accusing others. CALIFORNIA PUBLIC UTILITIES CODE SECTION 170002. There is hereby established the San Diego County Regional Airport Authority, as a local governmental entity of regional government, with jurisdiction extending throughout the County of San Diego. As a local governmental entity, any funds collected or spent is the money of the local taxpayer just like the money spent by the City is the money of the local taxpayer.

    Posted by Sal D'Anna | reply to this comment
    June 8, 2007 11:00 am

    Candidly, I not sure of what this Sunroad things is really about. I do know this---it is not about public safety---it isn't now, and it wasn't before. Sanders and Sainz have their story and their sticking to it. It doesn't ring true. All the meetings, suggested compromises, and stalling all demonstrate a protracted strategy for completing the building. The owner is a campaign contributor and was granted numerous meetings with the Mayor's staff after his election. I'm sure that "public safety" wasn't the reason for those meetings. I went to a community meeting this week where the Mayor was the guest speaker. He profoundly reiterated that "public safety" was his priority regarding the Sunroad controversy (my word). Sorry, I didn't believe him any more than I believed Bill Clinton when he said," I did not have sex with that woman...."

    Posted by Dale Peterson | reply to this comment
    June 9, 2007 4:21 am

    "Sorry it took me a day to realize it." ... S. Lewis. Our police chief can thwart the court system and fudge the numbers. Our Mayor can lie repeatedly and often. Our City Council can mismanagement city finances to the brink of bankruptcy. Scott, maybe you "missed it" because it's more fun to beat up on Mike Aguirre. Pat Flannery documented your story in his blog days ago. Maybe you should read something more than the UT and your own rag.

    Posted by David Little | reply to this comment
    June 10, 2007 11:36 pm

    Hey Sal... Airport revenues and expenses are governed by Federal Law smart guy. The airport doesn’t have local taxing authority, they do not collect taxes – as such there are no local tax revenues. Airports support the “private” - YES PRIVATE - air transportation system; this isn’t the bus service, the trolley or Amtrak - the government gate up its role in 1978 in the event you missed it. Furthermore, unless the State has seceded from the Union, Federal Law and oversight trumps State and Local. Or maybe you have a different Constitution than the rest of us?

    Posted by Sounds good to me | reply to this comment
    June 11, 2007 3:22 am

    Furthemore Sal, Airports can be sold to a private corportation. Then who's money is it? I think you need to read up on Airport Finance. link

    Posted by Sounds good to me | reply to this comment
    June 11, 2007 3:33 am

    Reference selling an airport to a Private Corporation, specifically - " Compensation from airport operations.--The Secretary may grant an exemption to a purchaser or lessee from the provisions of sections 47107(b) and 47133 of this title (and any other law, regulation, or grant assurance) to the extent necessary to permit the purchaser or lessee to earn compensation from the operations of the airport." Link: link

    Posted by Sounds good to me | reply to this comment
    June 11, 2007 3:57 am


    Reader feedback
    • Users may post more than one comment, but should not pose as multiple users. Multiple posts from the same IP address but with a different user name on each will be reviewed to determine whether abuse has occurred.
    • Posts with overly personal attacks or unsubstantiated allegations may be edited or deleted.
    • Please be patient with the posts -- there may be a delay before they appear on the site -- and make sure to enter the code in the "image verification" box.
    Post a comment
    Name:
    Email:
    Comments:
    Current Word Count: Verification Code
    d38634c

    Scott Lewis on Politics

    The Scott Lewis on Politics blog, abbreviated cleverly as SLOP, is a collection of observations, insights and the occasional scoop on public affairs in San Diego. Please feel free to e-mail Scott at scott.lewis@voiceofsandiego.org.

    SD Advances in Transit Funding Bid:

     

    Region advances in competition for federal money for adopting "congestion pricing."

    Friday, June 8 -- 3:11 pm

    District, Charter Schools Pledge Cooperation:

     

    Both sides say they'll get along.

    Friday, June 8 -- 3:12 pm

    Monitor: Progress, But Uncertainty at City Hall:

     

    Stanley Keller tells the SEC that the city is on the right path, but that a lot more work remains.

    Friday, June 8 -- 1:15 pm


    Sponsored By

    MOST POPULAR STORIES:

    SURVIVAL IN SAN DIEGO

    Another Round in the 6 Percent Debate :

     

    In Madison, Wis., do-it-themselves home sellers did better than those who use Realtors, a new study found.

    Friday, June 8 -- 12:03 pm

    LETTERS TO THE EDITOR

    Get Your Goat:

     

    We named those goats Murphy and Madaffer.

    Friday, June 8 -- 3:59 pm

    CAFÉ SAN DIEGO

    More Questions :

     

    My role on the Greater North Park Community Planning Committee and my thoughts on Jim Waring.

    Friday, June 8 -- 3:36 pm

    COMMENTARY: SLOP

    Sanders Shifts :

     

    In the midst of yesterday's name calling, the mayor announced he had changed his mind.

    Friday, June 8 -- 11:10 am

    COMMENTARY: RICH TOSCANO

    May Home Prices :

     

    The median price indicators are showing a surge in home pricing power -- but can they be trusted?

    Friday, June 8 -- 1:28 pm

    Sponsored by

    This Just In

    School Testing Trouble on the Radio:

     KPBS airs a segment about student testing and its discontents. » Dec. 1 -- 10:00 am



    The Beautiful People:

     Get to know some San Diegans you never might have met.

    Dec. 1 -- 9:59 am


    Incoming Council Members Weigh In on Budget Decision:

     Three out of the four new arrivals indicate they would have voted to save libraries and recreation centers.

    Nov. 26 -- 5:22 pm


    SURVIVAL IN SAN DIEGO

    41 Trees in Three Days:

     An update from Alan House, the cemetery manager who moonlights as a Christmas tree farmer.

    Dec. 1 -- 3:12 pm



    LETTERS TO THE EDITOR

    Let the People Read:

     Again. ... libraries shouldn't be first to suffer at hands of city's budget crisis.

    Dec. 1 -- 4:54 pm



    CAFÉ SAN DIEGO

    Voters Value Good Government:

     Nationally and locally, voters didn't just elect new governments on Nov. 4. They opened the door to new roles for government.

    Nov. 25 -- 6:39 pm



    COMMENTARY: SLOP

    Our Audience:

     A quick point about that NYT article.

    Dec. 1 -- 3:10 pm



    COMMENTARY: RICH TOSCANO

    Home Price Chartfest:

     Some more visuals on the latest Case-Shiller home price index release.

    Nov. 28 -- 11:50 am


    Copyright © 2008 voiceofsandiego.org. All Rights Reserved.