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THE NOONER for August 22, 2013

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LEGGO MY SANDY EGGO: Proposed Filner settlement reached [Craig Gustafson and Mark Walker @ UTSD] - "Mayor Bob Filner reached a proposed settlement agreement with his legal adversaries Wednesday that likely sets the stage for the end of his brief, scandal-plagued tenure as San Diego’s 35th mayor."

The LAT's Tony Perry reports "Filner was seen Wednesday night loading boxes into an SUV parked outside City Hall -- and driven by a San Diego police officer, part of the mayor's security detail -- apparently after saying farewell to his staff and cleaning out his office."

The rumors are that the resignation, which will be part of the settlement approved by the city council tomorrow, and may be effective immediately. Let's review the special election calendar in San Diego's city charter (Article XV, Section 265(e)).

Upon the creation of a vacancy, the council will call a special election within 90 days. If a candidate does not receive a majority (50%+1) of votes in that election, the special runoff election will be within 49 days of the special election. Thus, if the council meets the first two weeks of September to declare a victory, we're likely looking at an early December election with a late January runoff.

Paul Mitchell looks at the possible election dates.

A special, versus a recall, election, is good news for Democrats because of the runoff provision. If a recall had qualified and a majority of votes were cast for "yes," the plurality of votes recipient would have become mayor. With multiple Democrats likely in the race likely facing one major Republican, it would have been very difficult for Democrats to hold the office. Further, labor would have been in an awkward position of having to decide whether it was "yes" or "no" on the recall, and picking a candidate. (Remember the awkward 2003 messaging?)

I expect DeMaio to run (particularly if Nathan Fletcher runs), although while a loss wouldn't block his run against Scott Peters in CD52 next year, the NRCC would likely be looking for a new horse who can focus on a full year of fundraising. Alternatively, if DeMaio sticks with his plan to run against Peters, councilmember Kevin Faulconer will carry the conservative banner.

On the Democratic side, you have council president Todd Gloria, former Assemblymember Nathan Fletcher, former State Senator Christine Kehoe, and Assemblymember Toni Atkins, and certainly others, among possible candidates. The other candidates are likely starting anew, and self-funded candidates are thus favored. 

With the relatively short timeframe, candidates who already have accounts will be best positioned. The mayoral election has a $1,000 per contributor limit (for each the special and special runoff), and transfers up to that amount per contributor are allowed. Toni Atkins has $263,000 on hand, while Carl DeMaio has $469,644 in his congressional account. Todd Gloria may have money in his council account, but I couldn't track it down this morning.

For DeMaio, a transfer from congressional account funds might be more difficult, as they have been raised specifically for the race against Scott Peters and with the assistance of the NRCC. 

Todd Gloria, former district director for Congresswoman Susan Davis lives in Toni Atkins's Assembly district and it's possible that he takes a pass on the mayor's race if Atkins is in and instead sets his sights on Sacramento.

If Atkins runs and is successful, that obviously changes up Speaker politics. She had widely been seen as the next Speaker, although a transition is not expected until mid-next year. Several ambitious freshmen are thus very interested in San Diego, beyond the salacious details of the Filner situtation. Names being talked include Jimmy Gomez, Nate Chris Holden and Anthony Rendon. And, no, for those of you who saw me having coffee with Rendon on Tuesday, we did not talk about that possibility. Any of these could lead to the longest speakership since Willie Lewis Brown, Jr.

2.0: The Evolution of Jerry Brown [Ben Adler at CapPubRadio] - "In less than two months, Jerry Brown will become the longest-serving governor in California history. We take a look at how the Brown of today compares to the Brown of 30 years ago."

CD31 (San Bernardino): In the Inland Empire a Congressional race is in full swing [Sharon McNary @ SCPR]



Public Retirement Seminar

Join your colleagues from around the state for a day of in-depth discussion on current and future issues facing public retirement in California at the 23rd Annual Northern California Public Retirement Seminar.

September 26, 2013 - 9AM-4PM - Registration: 8AM; CalPERS Auditorium (400 Q Street, Sacramento)

Keynote Speaker: Assembly Member Rob Bonta, Chair of the Assembly Public Employees, Retirement, and Social Security committee

Registration Fee: $190.00 - includes breakfast & lunch and seminar materials.

Register online or contact us directly @ 916-341-0848

Seminar registration:

reserve this space | subscribe to the ad-free version for $29.99/year




  • Asian Bar Association of Sacramento is hosting its annual awards dinner on September 25. West Sacramento Mayor Christopher Cabaldon will emcee, and the keynote speaker will be Mia Frances Yamamoto. Honorees are Judge Anthony Ishii and former capitol staff member Gloria OchoaEarly bird pricing ends on Friday, August 23. Reserve your spot today at
  • Redwood Pacific (formerly Goddard Claussen) seeking Account Executive/Senior Account Executive for public affairs + ballot campaigns. Exceptional writing skills essential. Experience in campaigns helpful. Competitive salary, excellent benefits. Email resume to
  • Join Capitol Network – Don’t miss the 25th Annual Capitol Network Golf Tournament on October 14 at El Macero Country Club. Sponsorship opportunities are available. For more details go to or email
  • Capitol Network's 2013 grant application process is now open. Applications from qualified organizations will be considered for grants of up to $5,000. Four to six grants are awarded each year. Over a quarter of a million dollars have been awarded to California charities providing services to women and children in need. Applications and details at Or contact Keri Bailey,, or Kara Bush,


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Prison Pharmacist Wins Judgment Against Firms Tied To Senator
The state labor commissioner found that pharmacist Larry Drechsler of Orange County had not been paid more than $4,000 that was owed him for services provided to the companies, American Healthcare Recruiting and Drug Consultants Inc. The rest of the award was for interest and penalties.

Backing for BART tax or bond, poll finds
Voters in three Bay Area counties support BART, even if they don't ride it, and would back ballot measures boosting sales or property taxes to improve the transit system, a public opinion poll shows. [...] the results are promising for the transit agency, which has said it needs to raise billions of dollars over the next 15 to 20 years to pay for its share of the $15 billion needed to buy new rail cars, build a modern train maintenance center and upgrade its aging train control system. [...] the most recent BART poll, by Fairbank, Maslin, Maullin, Metz & Associates, found that 72 percent of those surveyed would support an additional sales tax, while 69 percent would vote for a general obligation bond, which would increase property taxes. [...] since the start of the year, BART officials have repeatedly mentioned a ballot measure as a necessary part of a funding package to pay for improvements. Chris Daly, a representative for Service Employees International Union Local 1021, the transit agency's largest union, said the poll results show that BART doesn't need to squeeze money out of its employees to modernize the train system.

Sheryl Sandberg Brings 'Lean In' Message To California's Women Lawmakers
Melanie Mason @
Facebook's Sheryl Sandberg preached her gospel of "leaning in" to California's female lawmakers Wednesday, saying that having more women in government is key to advancing gender equality.

State lawmakers blast CCSF accrediting commission
In a decision that brought joy to the many academics who harbor anger at the accrediting commission that makes life tough for community colleges up and down the state, California lawmakers voted Wednesday to investigate whether the group is doing its job right. Most recently, influential labor unions of college faculty - the statewide American Federation of Teachers and its local affiliate at City College - filed a complaint about the accrediting commission with the U.S. Department of Education. The Department oversees the nonpublic commission and recently upheld portions of the complaint that included allegations that it has engaged in a conflict of interest by allowing Beno's husband to serve on the team that evaluated City College last year.

It Should Be Easier To Get Rid Of San Diego Mayor Bob Filner
George Skelton @
The attempt to recall San Diego Mayor Bob Filner shows why local governments need an impeachment system.

Senate Panel Supports $2 Million To Fix Port Hueneme's 'Dire' Beach Emergency
Timm Herdt @
An appropriation that would send $2 million to Port Hueneme to help its eroding beaches was passed by a committee in Sacramento on Tuesday.

Panel Denies Bid To Audit Land Acquisitions For High-speed Rail
David Siders @
The Joint Legislative Audit Committee declined a request by two Republican lawmakers today to audit how the state is acquiring private land for California's high-speed rail project.

City Council Backs Study Of Possible $3-billion Street Repair Bond
The Los Angeles City Council votes to further explore a $3-billion borrowing program to pay for street repairs.

The Evolution Of Jerry Brown
Ben Adler @
In less than two months, Jerry Brown will become the longest-serving governor in California history. We take a look at how the Brown of today compares to the Brown of 30 years ago.

Jerry Brown To Skip Bay Bridge Opening
SACRAMENTO -- Despite questions raised about its safety, the much-maligned new eastern span of the San Francisco-Oakland Bay Bridge is set to open on schedule next month, just after the Labor Day weekend.

Lawyer sues over her furlough losses
Jon Ortiz @
State attorney Kelly Vent admits her lawsuit is a long shot, a kitchen-sink argument that says furloughing her for 82 days over the last four years violated everything from the U.S. Constitution to common sense.

DOMA demise allows gay spouse to immigrate
Bob Egelko @
Bradford Wells and Anthony Makk spent an hour in a San Francisco immigration office this week and heard words that no federal official could have uttered until a couple of months ago: that, in the eyes of U.S. law, they're a married couple.

$3-billion Proposal To Repair Los Angeles Streets Advances
Los Angeles lawmakers agree to analyze possible funding sources for a $3-billion proposal to repair city streets.

Fracking Fight Fractures Some Capitol Alliances
John Myers @
There's an old adage that if people on opposite sides of an issue are both mad at you, then you must be doing something right. Of course, those warring sides think it's proof that you're on the wrong track. The Capitol's own version of this familiar tale in 2013: the fight over the oil drilling method known as fracking. And it has produced an odd political alliance between would seem like sworn enemies.

Audits Sought Of Bullet Train, Inmate Sterilization, Medical Fraud
SACRAMENTO -- The first track has not been laid, but already state lawmakers are calling for an audit of California’s bullet train project.

Just Five 'Job Killer' Bills Alive As Legislative Session Nears End
Dan Walters @
The more than three dozen bills that the California Chamber of Commerce labeled as "job killers" because they would increase regulation or raise taxes have been whittled down to just five as the 2013 legislative session enters its last days.

California Considers If Pg&e Penalty Is Worth Bankruptcy - Bloomberg
California is confronting a challenge faced across the U.S.: how to pay for an estimated $1.5 trillion needed for infrastructure upgrades while keeping rates low. In the case of PG&E, regulators are seeking to get billions in system upgrades and penalize the company for safety violations while maintaining a financially healthy utility with low borrowing costs.

Gutierrez: 'The Majority Already Exists' On Immigration Reform
Mike Lillis @
Comprehensive immigration reform would pass the House today if GOP leaders would bring it to the floor, Rep. Luis Gutierrez (D-Ill.) said Wednesday.

San Francisco will file suit to keep CCSF open
Herrera said the accrediting body has a "controversial political agenda," with proponents that include "conservative advocacy organizations, for-profit colleges and corporate student lenders" and has "unlawfully allowed its advocacy and political bias to prejudice its evaluation of college accreditation standards." Herrera also announced a suit Thursday against the Board of Governors of the California Community Colleges, the public agency that oversees City College of San Francisco and the state's 183 other community colleges and community college districts.

Justice Dept. Moves to Protect Minority Voters in Texas
The agency said it would become a co-plaintiff in a case against a Texas redistricting plan, and would sue the state over a law requiring voters to show photo identification.

AM Alert
Jeremy B. White @
The gradual phase-in of the new federal health care law has spurred plenty of action at the state Capitol: legislation to expand access to Medi-Cal, as well as bills to enlarge the scope of practice for various types of medical professionals.

Former Head Of Alternative Schools In Los Angeles Challenging Tom Torlakson | Edsource Today
Marshall Tuck, 40, was also president of Green Dot Public Schools when it grew from one Los Angeles charter school to 10, before becoming CEO of Partnership for LA Schools five years ago. It’s charged with turning around 17 high-poverty, low-performing district schools. He left that position earlier this year.

FBI Continues Probe Into Central Basin Water District's Records
An FBI corruption investigation that began in June on the Central Basin water district is now seeking personnel records and documents on an agency legal battle.