Arbitration Purgatory: How corporations have rigged the system to squash consumer rights.
www.voiceofsandiego.org
SUMMER 2013
Vol. 2 No. 3
The Audacity of Olympic Hopes Bob Filner’s pitch to bring the Olympics to San Diego and Tijuana was met with skepticism. But a century ago, the city undertook a similarly crazy plan to throw an exposition against the odds. Now we have Balboa Park to show for it. BY KELLY BENNETT
Voice of San Diego is a member-based news organization. Join our community and get a subscription to this magazine. Learn more at VOSD.org/join-members ▸▸
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Summer 2013
Volume 2 Number 3
18 CONSUMER RIGHTS
Justice For Sale: Arbitration Purgatory Companies have carved out a world of justice that some insiders and academics say is deeply flawed and biased against consumers. BY WILL CARLESS
14 DREAMING BIG
The Audacity of Olympic Hopes A century ago, the city undertook a similarly crazy plan to throw a big international bash against the odds. Now we have Balboa Park to show for it. BY KELLY BENNETT
Inside 2 EDITOR’S NOTE | Sara Libby Take a Bow, You Two
4 RAISE YOUR VOICE | Mary Walter-Brown It’s Not All About Politics at Politifest 2013
22 PROFILE
The Man Shaping San Diego’s Future Meet Timothy B. Taylor, the judge altering how we deal with tourism, Balboa Park and climate change in San Diego. BY LIAM DILLON
COVER PHOTO COURTESY OF THE COMMITTEE OF ONE HUNDRED
6 ON THE STREET
How City Hall Can Make or Break the SD Beer Scene | Andrew Keatts A Case of ‘Planning Fatigue’ in City Heights | Megan Burks The Superintendent’s Harsh Take on Her District | Scott Lewis Permission to Peddle | Andrew Keatts
30 FIX SAN DIEGO
A Vision for Balboa Park
32 FACT CHECK | Lisa Halverstadt The Phantom Triple Fence
35 COMMENTARY | Scott Lewis
Filner’s Results Trump Behavior, For Now
26 HOMELESSNESS
Growing Pains Dog City’s New Homeless Center Now that the celebrations for the $38 million center have passed, it’s struggling with the realities on the ground. BY KELLY BENNETT Summer 2013 VOSD QUARTERLY
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Editor’s Note Take a Bow, You Two IT’S PRETTY FORTUITOUS that this issue’s cover story is written by Kelly Bennett, and that yet another game-changing investigation by Will Carless also features prominently. We didn’t plan it that way because they’re leaving; it’s just the way things work out when you have amazing talents like these two in the same newsroom. I asked them both to reflect on their time at VOSD, and their plans for the future. From Will: “I’m really proud of how the whole Poway bond investigation from 2012 played out. Now there’s legislation that looks pretty likely to pass that will stop politicians from being able to make awful deals that saddle future generations with their debts. I’m also really proud of my latest series, Justice for Sale, which examines an issue that has extraordinary repercussions across the nation. I thought it was a great example of the sort of impactful journalism I’ve been given the freedom to do here. I truly think I’m giving up one of the best jobs in journalism in a city that, for me, is one of the best spots in the world to live in. Doing foreign correspondence in South America will bring with it a whole host of new challenges and excitement, but I have a feeling I’ll be back in San Diego one day. After 10 years here, on and off, it really feels like home.” From Kelly: “I’ll be leaving my post at Voice of San Diego after seven great years as a full-time reporter. I plan to be based mostly in San Diego but to spend portions of the next several months traveling, making music and pursuing a few stories that have been percolating for a couple of years. I’m also planning to learn and practice making radio documentarystyle journalism, something I’ve also been mulling for years. I’ve felt freedom here to come up with new ideas, to boldly investigate, to think in big ways about San Diego’s identity. I’ve battled with many people, felt encouragement from others and gleaned motivation from the criticism of others still.” Kelly’s accumulated an incredibly eclectic resume during her time here: She’s investigated mortgage fraud and holes in the San Diego County safety net for those with mental health issues. She’s led our arts coverage, including initiating cool events like Meeting of the Minds. Lately, she’s produced investigative work on the city’s homelessness situation. It’s painful to lose them both, but their departures have given us a chance to evaluate our coverage and where we want to go in the future. Stay tuned.
SARA LIBBY
Managing Editor
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MANAGING EDITOR
Sara Libby
CONTRIBUTING EDITOR
Andrew Donohue STAFF WRITERS
Kelly Bennett, Megan Burks, Will Carless, Liam Dillon, Lisa Halverstadt, Andrew Keatts CREATIVE DIRECTOR
Ashley Lewis
CHIEF EXECUTIVE OFFICER
Scott Lewis
VICE PRESIDENT, ADVANCEMENT & ENGAGEMENT
Mary Walter-Brown
BUSINESS DEVELOPMENT MANAGER
Summer Polacek
COMMUNITY & EVENTS MANAGER
Zachary Warma WEB EDITOR
Dagny Salas FOUNDERS
Buzz Woolley & Neil Morgan BOARD OF DIRECTORS
Blair Blum, Reid Carr, Bob Page, Gail Stoorza-Gill, Buzz Woolley
Summer 2013 | Volume 2 Number 3 Subscriptions and Reprints
VOSD members at the Inside Voice level and above receive a complimentary subscription to Voice of San Diego Monthly magazine as a thank you for their support. Individual issues and reprints may be purchased on demand for $7.99 at VOSD.org/vosd-mag. Digital editions are also available for $2.99.
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Thank you to the John S. and James L. Knight Foundation for supporting innovative journalism.
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Because San Diego’s Future is Bright.
At Hughes Marino we believe that San Diego is one of America’s great cities, and our goal is to see it thrive. That’s why we are proud to support over 80 non-profit organizations in our home town both as clients and donors. Because it takes a lot of little heroes to build a vibrant community, and we want to help them all succeed.
It’s Not All about Politics at Politifest 2013
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Saturday, August 3
10am-2pm | Liberty Station Info at www.politifest.org
funding of a worthwhile neighborhood project. The winner will be awarded a $5,000 grant to fund that project presented by our partners at the Malin Burnham Center for Civic Engagement. But don’t worry; it won’t be all hand-holding and skipping through the San Diego sunshine. We’ll still poke a few sacred cows and have spirited discussions with local and regional leaders (check politifest.org for program details). Plus, you can still count on the beer garden, a live band, tasty food truck fare and a great Kid Zone presented by UPforEd. Whether you’re parent or poliwonk, we guarantee a fun day where you can walk away saying you learned something about your community. That in itself is worth celebrating. See you there!
MARY WALTER-BROWN
Vice President Advancement & Engagement Politifest Sponsorships Still Available! Would your business or organization like to be a part of the Politifest phenomenon? Sponsorship opportunities are still available. Call Summer Polacek at 619-325-0525.
WE COMPLETED A SUCCESSFUL spring membership campaign in April that yielded more than 250 new members. The campaign took a great deal of effort, not the least bit from four Voice of San Diego member volunteers whose hard work helped make all the difference. Bill Bradshaw, Jack Ferguson, Sheri Harris and Meri Jo Petrivelli took to the phones and made calls to lapsed members. If you spoke to a member in April asking you to renew, it was odds-on one of those four superstars. We regularly talk about VOSD as being more than a mere website or magazine — we are a community. By sharing their passion for VOSD, Bill, Jack, Sheri and Meri Jo beautifully exemplified this sense of community. Thanks to the four of you, and to all our other volunteers. Your generosity and spirit help make VOSD what it is.
Shout Out Scutari & Cieslak Public Relations A key component of VOSD’s longterm strength is forging strong ties to community partners that recognize the importance of investigative local journalism. In particular, our ability to host unique and innovative programs is largely a result of sponsoring organizations. We are grateful for the generosity of Scutari & Cieslak Public Relations for sponsoring our June “Crafting Beer Policy” event. A national PR firm with local ties to San Diego, Scutari & Cieslak joins a robust set of stellar community partners that make what we do possible.
SAM HODGSON FOR VOSD
HOW DO YOU HOST a big political festival when it’s not a big political year? That’s the question we confronted when we started planning the third annual Politifest. It’ll be Saturday, Aug. 3. CEO Scott Lewis dreamed up the first Politifest in 2011 just to give us time to hone the event before the big 2012 elections. He wanted to create a fun atmosphere where people could have a good time while learning about politics and public affairs. In the first two years, the event was jam-packed with all kinds of lively debates, discussions and activities. Parents were sipping cold brews in the beer garden watching a debate about education finances while their children were having their faces painted and petting live penguins. It was civic engagement at its finest. Would people still want to learn about the issues shaping their community if there wasn’t a big election coming? We decided the answer was yes. That being said, we don’t think Politifest has to be all about politicians. This year, we’re also making it a “celebration of neighborhoods.” We’re inviting every community group to host a booth showcasing something about their hood or a decision they’re facing. We want people to be able to stroll through Politifest and learn about the challenges and beauty of other San Diego communities. And, we’re changing the Idea Tournament too. Instead of individuals competing for the most innovative solution to a local problem, we’re inviting community groups to vie for
Thank You
News and Updates from Our Member Community
VOSD Programs – Taking the Conversation into the Community turned-food truck Dang Brother Pizza, cocktails from St. Petersburg Vodka and beer generously donated by Karl Strauss Brewery. “Meeting of the Minds” is our ever-evolving, quarterly rebuttal to the charge that the San Diego region is lacking in cultural vibrancy. Given the continued enthusiasm of MoTM attendees, we’re not alone in this view.
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Meeting of the Minds was a hit at the historic Weber Bakery in March.
IT’S BEEN A BUSY FEW MONTHS for Voice of San Diego. We went through a full website and content management system overhaul and an incredible spring member campaign where we welcomed 250 new members (if this is your first VOSD Magazine, welcome!) all the while constantly striving to deliver better journalism. Spring 2013 also witnessed a wide range of unique VOSD programs happening across San Diego. Part of our stated commitment is to foster meaningful discussions that include and engage our diverse local communities. Whether discussing arts and culture in an historic bakery, having a spirited back and forth on the future of local public education at the Ken Cinema, or learning about the functions of county government in the community room of a new affordable housing complex, we have worked to provide unique programming that helps connect local citizens to our region.
While the second half of the year has much in store for VOSD (Politifest on August 3, anyone?), here is a look back at some of the top events from this spring:
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March 14 – ‘Meeting of the Minds’ Packs Historic Home of the Weber Bakery for a Night of Culture
Moderated by reporter Kelly Bennett, the 5th installment of VOSD’s “Meeting of the Minds” series featured pechakucha-style discussions on a host of eclectic topics from the world of San Diego’s arts and culture scene. Nearly 300 people packed Bread & Salt in Barrio Logan, the historic site of San Diego’s Weber Bakery, to learn about a popular style of Mexican folk music, the best coffee spots in town, and the journey of immigrants as captured through the lens of a Pulitzer Prize-winning photojournalist. Adding to the flavor of the night was pizza served by the fire truck-
QUESTIONS? CONCERNS? Write to mary.brown@voiceofsandiego.org
April 30 – Incoming SD Schools Superintendent Cindy Marten Takes the Mic in Latest “One Voice”
For more than an hour in late April, Cindy Marten, Central Elementary Principal and incoming Superintendent of the San Diego Unified School District, engaged in a high-paced back and forth with VOSD CEO Scott Lewis over the future of public education in San Diego. Marten’s vision and enthusiasm were on full display to the 200-person audience at the Ken Cinema in Kensington. Marten even managed to temporarily switch roles with Scott and make him the interviewee, much to the delight of the crowd. VOSD’s “One Voice at a Time” speaker series provides a space for attendees to listen and engage with local newsmakers in an intimate and conversational setting.
SD Schools Superintendent Cindy Marten shared some of her ideas for the district at our One Voice at a Time event in April.
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THE BUSINESS OF BREWING Jacob Mckean is the founder of Modern Times Beer, one of many small San Diego breweries that have opened their doors within the last year.
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HAPPENINGS
On the Street How City Hall Can Make or Break the SD Beer Scene BEER HAS BECOME A FAVORITE SON IN SAN DIEGO. Politicians make a point of being seen at local beer festivals. The local brewers’ guild gets tax dollars to promote its annual weeklong celebration. And the City Council’s land use committee is taking a look this week at a proposal to help local brewers continue to grow. And the local beer scene isn’t just a facilitator of fun, it’s become a legitimate economic force: The National University System for Policy Research released a study recently pegging the industry’s net benefit to the local economy at nearly $300 million per year. But San Diego isn’t alone. The industry as a whole is undergoing massive growth statewide and nationwide, and other markets are similarly carving out niches as hot beds for good beer.
SAM HODGSON FOR VOSD
“Our zoning treats everything as one-size-fitsall, so any brewery is seen as Anheuser-Busch …” For the local industry to remain competitive, said Vince Vasquez, author of the study, the city needs to address a series of land use-related constraints. One is that new converts to good beer might be less willing to venture to industrial areas like Mira Mesa, home to many of the city’s first breweries, Vasquez said. “I love the Spartan, grassroots feel to enjoying beer, where you’re not here for anything else but for the beer itself,” Vasquez said. “But someone like me five to 10 years from now might like something closer to work, more accommodating.” That change is already taking place, as more breweries open in North Park and East Village, but current land use policies make a low ceiling
for such expansion. Breweries are currently considered “light manufacturing” by the city’s zoning ordinance. Because of sound, smell and pollution concerns, light manufacturing companies usually can’t get too close to homes. And as far as the zoning ordinance is concerned, there’s no difference between a small batch brewery and one operating on a much larger scale. But encouraging new breweries to open in the city’s urban core is possible with a change to land use policy. One option, embraced by other cities, is introducing microbrewery-specific land use designations. Doing so, however, would mean implementing the designation through the city’s various community plans, a time-intensive, costly and difficult process. Instead, according to architect and planning expert Howard Blackson, the city should issue permits that give it more direct control over the operations that are most likely to result in neighborhood conflict. “Our zoning treats everything as one-size-fitsall, so any brewery is seen as Anheuser-Busch, even though there are different levels of brewery,” he said. “We need something at a neighborhood scale, at a block scale, at a lot scale, so it’s based on how micro your microbrewery gets.” The city should issue permits, he said, that carefully outline when a brewery can brew and how much beer it can produce, based on its lot’s size and proximity to housing. He pointed to North Park’s Thorn Street Brewery, a small on-site brewing operation and tasting room located within a compact commercial area at the corner of Thorn and 32nd streets. “We know the Thorn Street model works, so I’d hope instead of putting breweries through a horrible rezoning process, we could just manage it through a use-permit,” Blackson said in April. Summer 2013 VOSD QUARTERLY
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HAPPENINGS
On the Street
— Andrew Keatts
THE CLIPBOARD BRIGADE
A Case of ‘Planning Fatigue’ in City Heights
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A GROUP OF CITY HEIGHTS RESIDENTS assembled at the local library in April to learn about the latest study being conducted in their neighborhood. The City Heights Urban Greening project is a $250,000 city-led analysis that will result in a street design scheme and prioritize streets for improvement. It could be one of the most comprehensive studies of City Heights streets yet because of its scope — it’s looking at the entire community — but also because it’s incorporating the work of 13 other streets studies. The residents at the meeting in the library have participated in just about all of those studies over the years. And it showed. As CHUG organizers explained the next steps (more outreach), the residents were racing ahead to the final phase (prioritization). That’s because there haven’t been just 13 studies in the recent past. There have been at least 27 since 1998, totaling some $60 million. Consensus is already there, and so is
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mounting frustration. The vast majority of the studies did not include funds for construction or result in new infrastructure. “If I had one wish, it would be to put a stay on any more studies,” said Samantha Ollinger, executive director of BikeSD and a City Heights resident. Ollinger and others in the neighborhood have a case of “planning fatigue,” a phenomenon documented in places like Detroit and New Orleans, where residents are growing weary of an onslaught of post-recession and post-hurricane workshops and surveys. Sometimes they’re conducted by municipalities and have real funding attached. But often they’re organized by what some call “clipboard brigades,” volunteer groups trying to galvanize the community.
“There’s this idea that something is better than nothing, but sometimes it’s worse than nothing because it gives the impression that something is being done.” In City Heights, the planning brigades are borne out of infrastructure deficiencies common in dense, older communities. Development there occurred long before planners latched on to smart growth ideals. Years of disinvestment in street and sidewalk maintenance have further degraded conditions. And with the arrival of private foundations Price Charities and The California Endowment in City Heights, community groups are applying for grants to work on these land-use
issues at a feverish pace. The Endowment has awarded about $2 million since 2009 for capacity building around infrastructure and transportation. During that time, 14 studies were conducted by community nonprofits. Steve Eldred, the local program manager for the Endowment, said getting projects to the construction phase isn’t necessarily the primary goal of the grants his organization awards. Endowment grantees often bring residents together for walk audits and street surveys. They compile reports and create action plans, but their efforts are aimed at real-world learning, not immediate action. Eldred said residents do take their results to elected officials to advocate for solutions, but they’re learning as they go in an already backlogged system. This slow, informal process, coupled with recent state laws and grants that are trying to reduce greenhouse gas emissions through smarter development, helps perpetuate the feeling that City Heights is over-studied and underfunded. “There’s this idea that something is better than nothing, but sometimes it’s worse than nothing,” Ollinger said. “Because it gives the impression that something is being done.”
— Megan Burks
BOSS LADY
The Superintendent’s Harsh Take on Her District CINDY MARTEN HAS A TOUGH JOB ahead of her. She has to oversee the education of more than a 100,000 students and all the massive operations that go with that.
SAM HODGSON FOR VOSD
The next month, the City Council in May changed city zoning law to allow breweries operating in industrial zones to open bigger tasting rooms and full-service restaurants, at the request of some breweries whose expansion plans were constrained by existing regulations. The old limitation was meant to restrict restaurant-only operations within industrial areas, but it was having an unintended effect on breweries in the same areas looking to grow.
“When there’s a singularity of purpose and mission, and you know what you’re building, you use your dollars for that and only that.”
New Superintendent City Marten will have to square her support for the powers that be with one of the district’s biggest critics — herself.
anyone for its current state. The school board is good. The teachers union is good. They have enough freedom within current rules to achieve what she wants to do to help teachers improve and create excellent schools in every neighborhood. The schools may need more money but she understands why that’s both hard to change and why taxpayers might not respond to a just-hand-over-moremoney argument. Everything is good except that it is not. When she begins her term as the head of the district, she’ll have a tough time balancing her support for the powers that be at the school district with one of the district’s toughest critics: herself.
— Scott Lewis
But her greatest challenge might be herself. Her own analysis of the state of San Diego Unified School District is troubling, even damning. As she says, the school system cannot demonstrate what a quality school is. She says schools need more money, but they can’t offer any way for taxpayers or parents to measure the return on their investments in the system. It goes on. In my recent on-stage conversation with her, she said the school system is spending money on things it shouldn’t and does not know exactly what it is that it is trying to build. “That’s the work that the board has hired me to do. This is about having clarity about what a quality school is. And when you have clarity, then you know what you’re building,” she said. It sounds like she’s going to need to spend much of her first year or more in office trying to figure out how to outline for the community where the district is going. Then, she must find a way to measure its progress on that path. Marten said on stage that she wants
She does not have a very positive evaluation of the district as it is. But she refuses to blame anyone for its current state. to reach what she calls “singularity of purpose” at the district. “When there’s singularity of purpose and mission, and you know what you’re building, you use your dollars for that and only that.” And the dollars now? “I will say that there’s fragmentation. That we’re spending dollars on things that maybe at one point were important and aren’t as important anymore. I have to lead that prioritization,” she said. This will be the central tension of Marten’s term. She does not have a very positive evaluation of the district as it is. But she refuses to blame
ABOVE THE LAW
Permission to Peddle NOT TOO LONG AGO, a San Diego police officer approached a man selling hemp necklaces without a vendor permit on the Ocean Beach seawall. The officer had chased off the vendor in the past, but this time the scene played out differently. That’s because David Millette, who sells jewelry he makes by hand, had something even better than a permit: a personal letter from Mayor Bob Filner granting permission to sell his wares in any public park or beach in the city. Millette had approached Filner at the mayor’s April 4 public meet-and-greet event at City Hall. He brought up a 2010 ruling by a district court judge finding Los Angeles’ ordinance regulating performers and vendors in Venice Beach violated the First Amendment, along with two other similar rulings in Nevada and Washington. Summer 2013 VOSD QUARTERLY
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HAPPENINGS
On the Street
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David Millette of Chula Vista received a letter from Mayor Bob Filner that says he’s allowed to sell goods on the beachfront in Ocean Beach.
“Art is First Amendment speech. Just because you sell your art, that doesn’t diminish your First Amendment rights.” be taken care of. Millette’s argument, extending from the judge’s ruling on the Venice Beach case, is that his jewelry is a work of art because he makes it himself. And since it’s a work of art, it’s protected by the First Amendment. “Art is First Amendment speech,” he said. “Just because you sell your art, that doesn’t diminish your First Amendment rights.” Millette’s get-out-jail-free card is directly at odds with the Ocean Beach Mainstreet Association’s coordinated plan involving police, lifeguard and Park and Recreation to try to clear the
area of vendors. The Mainstreet Association vets vendors to make sure they’re licensed and insured and uses the fees for community benefits, like putting on major annual events, said Denny Knox, the organization’s executive director. Filner has since been approached by other artists who want permission slips as well. He’s gathering street artists and plans to hold a meeting with them, SDPD and the city’s Park and Recreation Department. “He said he really wants to work towards resolving the issue,” said William Dorsey, who weaves palm fronds for donations outside Anthony’s Fish Grotto. “Mayor Filner is awesome.” Filner said he’s open to looking into how the process can be changed to address the constitutional concerns. “I didn’t realize it was going to be a big process, and a constitutional problem,” he said. “I didn’t realize it was a far bigger problem. I haven’t studied it really.”
— Andrew Keatts
SAM HODGSON FOR VOSD
Millette gave Filner the rulings and told him San Diego’s municipal code governing the same issue was also a First Amendment violation. “He looked at them and he says, ‘Well, looks like you may be right about this,’ and he offered to write me a letter allowing me to sell at the beach,” he said. The city’s municipal code does bar residents from selling merchandise in public parks and beaches, unless sales are protected by the First Amendment. Sales protected by the First Amendment are nonetheless regulated by the city manager. The Venice Beach ruling said vendors selling handmade art were essentially exercising free speech. That created a distinction between a performer or vendor selling something that carried a message, and someone simply attempting to turn a profit. Millette argued, and Filner seems to agree, that the city manager regulations are in violation of the First Amendment. On April 29, Filner sent a letter to Stacey LoMedico, director of Park and Recreation with the city, informing her that he had given Millette permission to sell his jewelry at parks and beaches. It’s the latest example of Filner making a quick decision when approached by an individual or group in conflict with city bureaucracy. Millette laminated the letter, then brandished it in his defense when the SDPD officer came to write him up for illegal vending. The letter took care of the problem initially. But a few weeks after he began carrying it, a new officer wasn’t swayed, and wrote him a ticket anyway. That night, Millette filed a complaint with the police department. A sergeant showed up at his house, apologized, and assured him the situation would
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San Diego Mayor Bob Filner and Tijuana Mayor Carlos Bustamante
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DREAMING BIG
The Audacity of Olympic Hopes Bob Filner’s pitch to bring the Olympics to San Diego and Tijuana was met with skepticism. But about 100 years ago, the city undertook a similarly crazy plan to throw an exposition against the odds. Now we have Balboa Park to show for it. BY KELLY BENNETT
SAM HODGSON FOR VOSD
T
HE MAYOR OF SAN DIEGO stole his own thunder one day in February. At a gathering to dedicate the city’s new Tijuana office, a symbol of collaboration between the two border cities, Mayor Bob Filner proclaimed he’d received a letter to measure his interest in San Diego hosting the 2024 summer Olympics. Filner, the man whose persistent grin seems to grow when he’s suggesting something outlandish, seized on the idea and went a big step further: Why don’t San Diego and Tijuana co-host the Olympics, bidding to become the world’s first binational site for the global games? “I sort of cringed and said, ‘Oh my gosh, another idea that is just really ludicrous,’” said City Councilman David Alvarez, whose district includes San Diego’s southernmost neighborhood, next to the border. The mayor waxed on, coining a mantra for the effort – “Even if we lose, we win.” He painted the effort as a motivator, a deadline to confront some of the region’s big transportation and border challenges, and a reason to catalogue both cities’ cultural and environmental assets. Alvarez found himself warming to the idea.
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