Case Histories

Black Mountain Ranch

Black Mountain Ranch was one of our first clients. As part of the Black Mountain Ranch team we have done research, developed political strategy, conducted independent expenditures in campaigns, represented them on campaign teams, and worked with elected officials and staff at both the city and county level. Black Mountain Ranch was the first developer ever to gain San Diego City Council approval of a major development in the City of San Diego’s Future Urbanizing Area.  In 1998 we played a leading role in the successful passage of Proposition K which gave voter approval to the Black Mountain Ranch project.

East Otay Mesa Recycling

In 2010 we were asked to advise Otay Mesa Properties on the issue of siting a recycling and landfill center on property in the unincorporated area of Otay Mesa.  After evaluating the project we determined that an initiative would be the most efficient and cost-effective way to get the necessary land use approvals.  After gathering the necessary signatures the measure was placed on the June 2010 ballot as Proposition A. The measure passed overwhelmingly with an 84.5% Yes vote.

Dick Murphy for Mayor

The race for San Diego Mayor in 2000 was wide open because it was an open seat.  There were 12 candidates including four elected officials and a well-known businessman. Initial polls had then-Judge Dick Murphy down in the pack with limited name-identification and less than 5% of the votes.  After analyzing the race John Kern realized that the key to emerging from the primary was the intelligent loss of votes.  The campaign would not try to campaign city-wide but only in those areas where analysis showed he had a chance of winning, such as his old Council district.  In addition Jennifer Tierney of The Gemini Group created one of the first campaign websites in a San Diego election.  After a spirited campaign Murphy emerged from the primary in second place by the margin of 166 votes out of more than 268,000 votes cast in the race.  Supervisor Ron Roberts was in first place with a 27,000 vote majority over Murphy.  Murphy won in the General Election with 51.7% and a 13,000 vote majority.

International Gateway Height Limit Campaign

In 2000 The Kern Company also worked for International Gateway to secure an exemption to the 30-foot Coastal Height Limit which had been imposed by the voters of San Diego in 1972.  The project was a shopping center located in Otay Mesa near the San Ysidro border crossing. Rather than do an initiative, analysis showed that the measure could be placed on the ballot working through the San Diego City Council. The Council placed the proposed height limit for the project on the ballot as Proposition C. The measure passed with 67.5% and a 121,000 vote winning margin.

SeaWorld of California

In January 1998, SeaWorld of California asked us to investigate the possibility of gaining voter approval of a ballot measure which would lift the 30-foot height restriction on SeaWorld in San Diego’s Mission Bay.  The height restriction had been imposed by the voters in 1972 over the entire City of San Diego coastal area.

We put together a team consisting of legal experts, a survey research firm, and community/media specialists.  After several rounds of surveys and focus groups we determined that the chances of success were good with certain conditions attached.  Due to the political environment in San Diego at the time, we advised SeaWorld that the best method to get on the ballot was using the initiative process.  We assembled a team and in less than two months collected 100,000 signatures and qualified the measure for the ballot. We then conducted a campaign for SeaWorld to gain voter approval.

On November 3, 1998 the voters approved Proposition D, the SeaWorld Initiative. We continued to work with SeaWorld to assist them in their efforts to gain the regulatory approvals necessary to implement Proposition D.
 

Chuck Smith for Orange County Supervisor

In March 2000 we assisted Supervisor Chuck in his successful re-election campaign.  Our relationship with Supervisor Chuck Smith began in 1995 when Chuck, then the Mayor of Westminster,  ran for the Board of Supervisors in Orange County.  Eileen Padberg was the lead consultant and we were brought in to do an analysis of the campaign, establish a targeting system and do direct mail and brochures.   The campaign made the strategic decision to emphasize Chuck’s personal characteristics such as his Marine Corps background and work in the aerospace industry, and to de-emphasize the usual issues such as crime, immigration, taxes, etc.  We adopted the theme: “Smart enough to know what to do; Tough enough to do it.”  In the primary Chuck came in first followed closely by Garden Grove Councilman Mark Leyes.  In the General Election Smith won a solid 51-49% victory.  Although out-spent, Smith’s personal campaigning and targeting program made the difference.

 Warland Investments and the Cypress Recall

Warland Investments is the major landowner in the City of Cypress Business Park.  The company had completed a deal for Shaw Industries to locate a regional carpet distribution center in Cypress.  After several spirited public hearings, the City Council approved the project on a 5-0 vote.  Opponents sued the City in an effort to block the project and launched a recall drive against Mayor Cecilia Age and Councilmembers Walter Bowman and Gail Kerry.  We were retained by Warland to send direct mail to residents of Cypress to explain the project and answer the charges which were being made.  The Mayor and two Councilmembers also retained us to help them fight the recall.  The incumbents were retained in office by a 60% margin.  Turnout was a near record high for a special election.  One of the direct mail pieces created and produced by John Kern won a Second Place Pollie award from the American Association of Political Consultants. 

Clint Eastwood For Mayor

Although this race happened before the formation of The Kern Company, it illustrates how we analyze situations and come up with solutions designed for the specific race and the individual candidate.  The lead consultant was Eileen Padberg with whom we teamed again in 1996 for the successful No on Recall in Dana Point and the Chuck Smith for Orange County Supervisor races.

 Situation

Clint Eastwood was running for Mayor in the City of Carmel.  The campaign was being run by Eileen Padberg, one of California’s leading political consultants. The Eastwood campaign was a classic American political story. He had been badly treated by the City and he and his neighbors were mad.  At their urging, he was thinking of running for Mayor.  A survey had shown that the incumbent Mayor had a formidable lead -- 49% to 29% for Eastwood -- and that people were afraid of turning Carmel into a Hollywood circus.  The very thing that made him a major candidate -- his celebrity status -- also made him a major underdog.

 John Kern

Eileen Padberg called in John Kern as both an expert in local government and as a copywriter.  After talking with Eastwood and reviewing the data, Kern recommended that the traditional brochures and messages be abandoned.  Instead, since Eastwood had virtually 100% name identification, Kern wrote, and the campaign produced, only one brochure.  It featured a picture of Eastwood and three pages of text.  We believed interest was so high that people would read the text, no matter how long it was.  The message was that Carmel was his home, he would take the duties of Mayor seriously and it was time for a change.  If the City officials would treat him badly, they would do it to anyone. 

In addition, Padberg designed a campaign around a series of coffees-- Eastwood called them teas -- rather than precinct walking.  Rules were devised that coffee hosts could only invite Carmel residents and a limit of five other people.

Results

After seven weeks of campaigning, Eastwood was elected with 73% of the vote, a turnaround of 44 points from the survey. 

Independent Expenditures

 We have conducted independent expenditures, such as direct mail, signs, and radio advertising, for a wide variety of clients.  Clients for whom we provided these services include the San Diego City Fire Fighters, the San Diego Police Officers Association, Warland Investments, Black Mountain Ranch, Service Employees International Union (SEIU) Local 2028, San Diego-Imperial Counties Central Labor Council Committee on Political Education (COPE), and the Orange County Marine Institute.

Recall Measures 

We have successfully defended the Mayor and two members of the Cypress City Council. We helped remove four Councilmembers in Bell Gardens. In Dana Point we successfully defended the Mayor and one Councilmember.  We assisted San Diego Councilmember Harry Mathis in preventing a recall measure from becoming a reality.