[0:00] . [0:00] >> Good afternoon will call [0:01] the city council meeting of [0:03] Monday APRIL 2nd APRIL 13th, [0:04] 2026 to order. [0:04] Clerk Please call the roll. [0:05] Thank you. [0:06] Council PRESIDENT Pro Tem and [0:08] Council member Campbell [0:09] Councilmember Whitburn [0:14] Councilmember Foster [0:14] Councilmember Van Wilpert [0:15] Councilmember Kemp You hear [0:18] Councilmember Moreno present [0:19] Council Member Ella Rivera. [0:23] Council PRESIDENT LaCava and [0:24] Council PRESIDENT Pro Tem Lee. [0:24] They're also taking [0:25] the meeting. [0:28] Our assistant city Attorney [0:28] Michelle Garland Independent [0:29] budget Analyst Charles Monica. [0:33] Council Affairs Advisor in [0:34] the Mayor's office Curtis Iser [0:34] and myself for City Clerk Diana [0:35] Fuentes Thank you Council [0:37] PRESIDENT Pro Tem Thank you. [0:38] A quorum is now present. [0:38] We will begin this afternoon [0:43] with an invocation by Clark [0:43] Pointis. [0:43] Followed by the Land [0:44] acknowledgment and the Pledge [0:45] of Allegiance led by Council [0:49] member Campo Grant. [0:50] Those who hold office in this [0:55] city the spirit of wisdom, [0:55] charity and justice that with [0:56] steadfast purpose they MAY [0:58] faithfully serve in their [0:59] offices to promote [1:04] the well-being of all people We [1:04] respectfully acknowledge that [1:05] the Committee. [1:05] Nation are the original [1:08] inhabitants of the Unceded land [1:09] now known as San Diego. [1:10] Despite enduring the horrors of [1:10] genocide and colonization, [1:13] the spirit remains unbroken. [1:14] We honor the resilience of [1:15] their ancestors who fought to [1:18] protect their culture and land. [1:19] Today they carry their legacy [1:23] forward ensuring that their [1:23] traditions continue to thrive [1:24] in gratitude and strength. [1:27] We stand with the culmination. [1:28] Connected to our past and [1:29] committed to a thriving future. [1:32] Please stand Face the flag and [1:36] over your heart Ready Begin. [1:37] I pledge allegiance to the flag [1:41] of the United States of America [1:42] and to the Republic for which [1:45] it stands One nation under GOD [1:46] ,indivisible with liberty and [1:51] justice for all. [1:55] >> Now are there any mayor, [1:56] council, city attorney and [1:57] independent budget analyst or [2:00] city Clerk Comments Seeing [2:01] none, the clerk will now go [2:01] over how the public can offer [2:05] their public testimony. [2:06] Please proceed. [2:06] Thank you Council PRESIDENT For [2:10] a time I'd like to highlight [2:11] there was a slight. [2:11] There it is again the site on [2:12] the screen that reviews how [2:13] the public can offer their [2:15] public testimony during this [2:16] afternoon's meeting. [2:16] The order can be found on [2:17] the agenda summaries found [2:20] online or at the table in [2:21] the back of the room here in [2:21] council chambers. [2:22] If you are in person please [2:23] complete the speaker slip [2:25] looking at the entrance of [2:25] chambers and bring it to [2:26] the front of the room in [2:26] the clear box. [2:30] Council ambassadors are [2:30] available near the entrance and [2:31] can assist with questions and [2:34] speakers Lips no further [2:35] in-person testimony will be [2:36] taken once the council begins [2:36] Virtual Testimony Thank you [2:40] Council PRESIDENT Pro Tem Thank [2:40] you. [2:41] >> We'll go ahead and get [2:41] started with our afternoon's [2:42] informational agenda. [2:45] Quickly please introduce item [2:45] 200. [2:46] >> Item 200 is the performance [2:49] audit of the mission Bay and [2:50] San Diego Regional Parks [2:53] Improvement Funds for fiscal [2:53] year 2024. [2:54] If you'd like to speak on this [2:55] item now's the time to raise [2:58] your hand by pressing Star nine [2:58] or the raise your hand icon or [3:02] by submitting a speaker slip as [3:02] noted. [3:03] To the front of the room in [3:03] the clear box. [3:04] Thank you. [3:06] Council PRESIDENT Pro Tem Thank [3:07] you. [3:08] We'll go ahead and turn it over [3:12] to our office of the City [3:13] Auditor If you all introduce [3:14] yourselves for the record and [3:14] let us know how much time [3:21] you'll need. [3:22] >> Good afternoon. [3:22] Council Members Andy Hanauer [3:27] City Auditor We are here to [3:27] present our audit of [3:28] the Mission Bay and San Diego [3:31] Regional Park Improvement Funds [3:32] for fiscal year 2024 And can we [3:33] have about ten minutes please? [3:33] Thank you. [3:38] Thanks. [3:39] As we get started, this audit [3:44] involves the cooperation of [3:45] many departments as you can see [3:45] on this slide as was [3:46] the Oversight Committee. [3:48] So we really appreciate all of [3:48] their cooperation and [3:53] assistance. [3:54] >> The city charter requires [3:58] that our office report annually [3:58] the extent and nature of [3:59] the Mission Bay and San Diego [4:02] Regional Park Improvement funds [4:03] revenues, expenses and [4:07] improvements Our objectives [4:08] were to verify the collection [4:11] allocation and use of [4:12] the mission Bay Park lease [4:13] revenues from fiscal year 2024 [4:16] complied with charter [4:16] requirements as well as [4:17] determine if the improvement [4:18] fund oversight committees are [4:21] properly informed to fulfill [4:22] their responsibilities. [4:26] We found that expenses were in [4:27] compliance with charter [4:27] requirements and as far as [4:32] revenues we could not verify [4:32] that all revenues were [4:33] collected and deposited into [4:36] the funds as required due to a [4:37] management imposed moratorium [4:38] on the City Treasurer's lease [4:41] revenue audits and issues with [4:42] the application of lease [4:45] payments management has taken [4:46] substantial steps to resolve [4:50] those issues and agreed to all [4:51] five recommendations and we [4:52] will continue to monitor [4:55] progress towards fully [4:56] implementing [4:57] the recommendations as part of [5:00] this year's Mission Bay audit. [5:01] By way of background, a City [5:05] Council ordinance established [5:06] the Mission Bay Park and San [5:06] Diego Regional Park Improvement [5:09] Funds in 2002 and since then [5:10] voters have added these funds [5:14] to the city Charter mission Bay [5:15] Park lease revenue is deposited [5:18] into a general fund account [5:19] throughout the fiscal year and [5:20] allocated to the improvement [5:23] funds after the fiscal year [5:24] end. [5:24] The allocation to the funds is [5:28] based on a formula that has [5:29] changed over the years and [5:29] we'll describe the current [5:33] formula here on the next slide. [5:34] With me today is principal [5:35] performance auditor Nathan Otto [5:38] and senior performance auditor [5:39] Daniel Kish and I'll hand it [5:39] over to them for the details of [5:42] what we found and recommended. [5:43] >> Thanks Andy. [5:43] Good afternoon everyone. [5:47] So City Charter specifies how [5:48] to allocate the revenue so [5:48] the first $20 million goes to [5:52] the general fund and then 35% [5:53] of the revenues in excess of [5:56] that is transferred to the San [5:57] Diego Regional Parks [5:57] Improvement Fund And [5:58] the remainder of that excess [6:02] goes to the mission Bay [6:02] Improvement Fund. [6:03] We found that the total [6:03] adjusted mission bay lease [6:07] revenues were approximately $37 [6:11] million which is about a 7% [6:11] decrease from the previous year [6:12] in fiscal year 23. [6:14] And that first $20 million did [6:15] go to the general fund timely [6:19] and appropriately so That's a [6:20] good news story as part of this [6:20] audit. [6:23] And then a total of 16.9 [6:24] million that spillover amount [6:24] was distributed to [6:25] the improvement funds As you [6:28] can see in the exhibit on this [6:28] slide And that followed [6:29] the formula that it was [6:29] supposed to do. [6:32] So that's more good news There [6:32] . [6:33] One of the wrinkles in this [6:33] year's audit was the question [6:37] of how accurate that that total [6:38] lease revenue figure was. [6:38] >> So about a year ago [6:42] the city's annual report on [6:42] internal controls which is also [6:47] being discussed this afternoon [6:48] but the one a year ago stated [6:48] there were issues with eads [6:52] lease management as well as [6:52] invoicing and payment [6:53] processing and that resulted in [6:56] a large backlog of unreconciled [6:57] lease payment discrepancies and [7:01] an understatement of city lease [7:02] revenue. [7:02] Andy noted this but over [7:03] the course of us completing [7:06] this audit edi did appear to [7:07] have taken steps to make a lot [7:11] of progress on this issue. [7:12] And since we do the audit every [7:13] year it's something we'll be [7:13] checking on our next go around. [7:16] However, for this iteration due [7:17] to this understatement of lease [7:17] revenue we could not confirm [7:20] that all the mission bay lease [7:21] revenue payments in fiscal year [7:25] 24 were applied appropriately. [7:26] So we have four findings here. [7:30] Our first finding we note that [7:31] due to a lease audit moratorium [7:31] that began in JULY of 2020 for [7:35] the office of the City [7:35] Treasurer could not complete [7:36] and formally close all of its [7:39] planned audit which include [7:39] examining lease revenue. [7:44] And the audit moratorium was [7:45] noted in that city's annual [7:45] report I mentioned But it was [7:46] not until eight months until [7:49] after the moratorium had been [7:49] implemented. [7:50] It stated the moratorium was [7:53] implemented to improve business [7:54] practices and perform accurate [7:55] financial reporting. [7:58] But we just note as internal [7:59] controls aficionados you know, [8:03] limiting the Treasurer's [8:04] revenue auditing role weakens [8:04] an important financial control [8:07] for the city and it can result [8:08] in lost revenue to the city as [8:09] well as even as not identifying [8:13] money that we MAY show as a [8:13] city to tenants. [8:16] And so our recommendation on [8:17] this one was to the cfo or [8:17] other city executive leadership [8:20] to issue a memo or other [8:21] written guidance that laid out [8:22] in discourage future audit [8:25] moratoria like that and which [8:26] required promptly informing [8:27] the office of the City Auditor [8:30] and the chair of the Audit [8:31] committee If the ability to [8:31] perform these revenue audit [8:35] functions is restricted in [8:35] the future. [8:36] And to their credit we we did [8:39] get buy in from the cfo and [8:40] they actually have issued that [8:40] that guidance. [8:41] So that's something that's [8:44] already been done. [8:45] Our second finding we found [8:46] that the city did not assess [8:49] late penalty fees for fiscal [8:50] year 24 and due to a large [8:53] backlog of on applied payments [8:54] including Mission Bay lease [8:55] revenue for fiscal year 24. [8:59] So Eadie shared that when [9:00] unless he makes a rental [9:03] payment the that rental payment [9:04] must note the accurate contract [9:05] invoice number to ensure that [9:05] payments are applied to [9:06] the correct account. [9:09] So as you can see in [9:10] the exhibit on this slide when [9:10] basically when the information [9:13] doesn't match up the payments [9:14] post to a credit account and [9:15] both the Office of the City [9:19] Treasurer and E.D. Review this [9:20] credit list to apply payments [9:20] to the correct accounts easily [9:23] stated due to this large [9:24] backlog of on applied payments [9:28] no fee penalties were assessed [9:29] for fiscal year 2024 or 2024. [9:33] So we just point out in [9:34] assessing late fees when they [9:37] are warranted results in a [9:38] potential loss in revenue for [9:39] the city and it undermines [9:42] the importance of timely [9:42] payment. [9:43] So we included a couple of [9:44] recommendations in this finding [9:47] about strengthening internal [9:47] processes including [9:48] verification of lease terms, [9:52] quality control checks of [9:53] revenue received and [9:53] reconciling payment data and [9:57] indeed has shared some updated [9:58] policies and procedures with us [9:59] And it is something we'll look [9:59] at in our next iteration of [10:09] this audit Further for our [10:10] third finding we found that 35% [10:11] of the city's mission bay [10:14] rental agreements are in [10:14] holdover status some for [10:15] multiple years which MAY be [10:19] leading to foregone revenue for [10:20] the city as well as perceived [10:23] favoritism amongst lessees Most [10:24] of the lease and permit [10:25] agreements require appraisals [10:25] to be conducted while [10:28] the agreements are in holdover [10:29] status. [10:29] Most agreements also require [10:33] city council approval to extend [10:34] the lease beyond the agreement [10:34] terms. [10:35] However, during the course of [10:37] our audit we found that edt had [10:38] not renewed the expired leases [10:39] so council approval or [10:43] conducted site appraisals to [10:44] ensure the expired lease [10:45] agreements have provided [10:47] revenue to the city at fair [10:48] market rate With leases in [10:49] holdover the city MAY be losing [10:52] out on potential revenue. [10:53] Also the city MAY potentially [10:57] confer an unfair benefit to [10:57] the current tenant which could [10:58] be perceived as favoritism [11:02] amongst lessees. [11:02] Therefore we recommended that [11:03] adt should ensure that [11:06] agreements should ensure that [11:07] the agreements which have [11:08] extended beyond lease agreement [11:12] terms receive the required [11:12] Council approval and appraisal [11:13] to ensure agreements are [11:16] binding and that fair market [11:17] rental rate is received. [11:21] Edt stated efforts have been [11:21] done to ensure Mission Bay [11:22] agreements are currently leased [11:23] at fair market rate that it [11:26] monitors tenants in holdover [11:27] and that it seeks to renew [11:31] lease agreements and come in [11:31] annual audit of mission [11:32] Belize's We will verify these [11:33] updates and ensure that leases [11:35] lease renewals go to council [11:36] when required providing for we [11:40] review the project information [11:40] shared with the Improvement [11:41] Fund Oversight committees. [11:42] We found that city departments [11:45] provided several high level [11:45] project status updates to [11:46] the Mission Bay Park and San [11:49] Diego Regional Parks [11:50] Improvement Fund Oversight [11:51] committees. [11:51] However, these presentations [11:55] did not include the detailed [11:55] expenditure information [11:56] The Oversight Committee stated [11:59] they need to oversee funding [12:00] and project status. [12:00] We found that no guidance [12:01] exists that states which [12:04] project information city [12:05] departments should provide to [12:05] ensure the committees can [12:08] effectively oversee project [12:09] expenditures and outcomes. [12:13] We also found that historically [12:14] the information requested by [12:14] the oversight committees [12:15] regularly changed with changes [12:19] in committee board membership. [12:20] Therefore we recommend that [12:23] Parks and Recreation and ea and [12:24] work with both improvement fund [12:25] oversight committees to reach [12:28] an agreement on which specific [12:29] project elements should be [12:29] provided and the frequency that [12:32] departments should generate and [12:33] share the reports During [12:34] the course of this audit we [12:37] also reviewed the two [12:37] outstanding recommendations [12:38] from the fiscal year 2021 [12:42] Mission Bay performance Audit. [12:43] We found that both of these [12:44] recommendations have been [12:46] implemented. [12:47] As previously stated, city [12:48] management agreed to implement [12:50] all five recommendations. [12:51] We're happy to answer any [12:55] questions. [12:56] Thank you for the presentation. [13:00] We will now turn to see if [13:01] we've got any public comment on [13:01] item 200. [13:02] >> Thank you. [13:05] Council PRESIDENT Pro Tem We [13:05] have no speakers here in [13:06] council chambers I'm sorry [13:07] The five minute timer to go to [13:09] those participating remotely. [13:10] We currently have four speakers [13:11] in the queue two minutes each [13:24] 8700 if you can please read one [13:57] second [13:58] . [13:58] Sorry for the redirect if [14:00] the original if you can please [14:05] unmute. [14:06] >> Yes. [14:07] So this further shows the fraud [14:10] waste and abuse and [14:10] the negligence of the city when [14:11] you can't even you know make [14:14] sure that all of these programs [14:15] and things are running in a [14:19] manner where you can track [14:19] things, be transparent, not get [14:20] in your own way because that's [14:24] what you guys tend to do is get [14:25] in your own way by you know, [14:26] not having something in place [14:29] or you know, hiding information [14:29] or not being able to complete [14:30] things which is now going to [14:34] make you know, people think [14:34] that you're favoring some over [14:39] others and that leads me to, [14:39] you know, talk about the what's [14:40] actually happening in these [14:44] parts which would also be [14:44] the negligence that is, you [14:49] know, happening in the city [14:49] that would prove that if this [14:50] kind of stuff is going on, that [14:54] stuff is also I mean is [14:54] the money being spent wisely [14:55] anyway when you know, just in [14:58] Linda Vista skate park and by [14:59] the recreation center I mean [15:00] there's been four murders this [15:03] year. [15:04] Two of them were within two [15:05] days And it doesn't seem like [15:08] anything is being done to [15:08] implement some kind of security [15:12] measures or lighting that would [15:13] ensure safety for the children [15:17] that are going to be enjoying [15:17] the park. [15:18] You know, when things like that [15:21] happen and nobody's kind of in [15:22] a working in that manner to fix [15:23] it like real campy Oh like this [15:27] is your community and you're [15:27] like How many more murders need [15:28] to happen before something [15:31] takes place And you guys ensure [15:32] that if there is that there's [15:35] some kind of security cameras [15:36] and lighting that would [15:37] potentially deter people from [15:41] going to that park and doing [15:41] it. [15:42] But if there isn't that kind of [15:46] stuff at these parks then those [15:46] are the perfect, you know, [15:50] place to go and engage in a [15:51] crime because you're not going [15:52] to be caught because there is [15:53] no lighting for people to see [15:55] it And you know that you can [15:56] just go do it and get away with [15:56] it. [15:57] So you know, when we're talking [16:00] about the negligence with your [16:01] money, it also bleeds over into [16:01] how you're handling the parks [16:05] And it's very sad because you [16:05] know, people shouldn't have to [16:06] be put in dangerous situations [16:09] because of your guys's [16:10] negligence. [16:10] Your time has concluded. [16:13] Our next speaker is 8700. [16:14] After that is Blair Beakman [16:17] 8700 star six to unmute Thank [16:22] you so much Joyce And you see [16:25] these three okay. [16:26] City of San Diego Strategic [16:31] plan Operating Principles Trust [16:35] and Transparency Physical [16:36] Considerations The audit [16:40] evaluated several issues [16:40] relating to lease revenue and [16:41] the accounting of revenue and [16:45] expenditures from me We are [16:50] where are these issues Were [16:51] these issues presented from 12 [16:59] excuse me were issues present [17:00] from 2010 to 2023 and [17:04] the Oversight Committee to two [17:05] of them They were held back [17:05] from doing their necessary work [17:09] last night. [17:09] Okay. [17:10] And I'm not comfortable with [17:14] the leasing with the reason [17:14] given for the lease audit more [17:18] and more the moratorium I'm not [17:19] providing access to [17:27] the software Excuse me papers. [17:28] Okay. [17:33] So how do all these issues [17:33] impact the credibility of our [17:34] expert or are they hidden away [17:38] from auditors like ngo and cro [17:39] because we don't want to have [17:43] to do the internal audit report [17:44] The internal control report. [17:48] So this feels like a big trust [17:48] and transparency issue. [17:53] These audit reports are so [17:53] important and needed, so [17:58] valuable and so valuable in [17:58] the oversight in [17:59] the implementation. [18:02] So who's really following up on [18:03] the project implementation? [18:04] I'm hurrying on this. [18:08] Okay. [18:09] Your city auditor panel buried [18:13] in the 46 pages of this five it [18:17] clues red flags guiding cost to [18:17] our structural budget deficit. [18:22] In my opinion all past audits [18:23] would give us an eagle eye. [18:24] >> Your time has started. [18:24] My apologies. [18:26] The five minute timer has also [18:27] concluded We have three [18:28] speakers in the queue. [18:28] No additional speakers will be [18:35] taken after that Where Beekman [18:35] If you complain unmute please [18:36] and mute after that is [18:37] Katherine Rhodes and Judy [18:37] Strang our final speaker. [18:38] >> Hi Thank you and thanks for [18:41] this item. [18:42] I wish Council PRESIDENT Lacob [18:43] was here today for this item. [18:46] It's really important in [18:46] talking about accountability I [18:51] guess for myself to begin. [18:52] Thank you that you have caught [18:53] this accounting error and you [18:57] corrected it and you're making [18:58] it public. [18:58] That's a really important first [18:59] step. [18:59] Thank you. [19:02] Thank you guys for doing that. [19:03] So it's important to proceed [19:03] darkly. [19:07] i think consciously at this [19:08] time and to be able to ask [19:08] questions. [19:11] For instance, we were all [19:12] around in 2024 when this first [19:12] happened. [19:17] Why exactly did we allow it? [19:18] Can we go into a bit of detail [19:18] more why exactly This was [19:22] allowed by ourselves and [19:22] the mayor's office promoted [19:23] this idea in the first place. [19:27] I know what you with a bit of a [19:28] nip and tuck in saving dollars. [19:32] I mean that's basic Some formal [19:32] explanations of their initial [19:33] reasoning could be helpful in [19:37] clarity Overall and how we [19:37] don't let this happen again. [19:42] Basically with that said, I [19:42] also wanted to note [19:43] the importance of really trying [19:47] to work on accountability [19:47] issues with park funding [19:52] overall the current questions [19:53] about the park funding [19:53] allocations I think is a [19:57] question we're haven't fully [19:57] answered yet. [19:58] I can be in agreement that a [20:02] lot is going to be going to a [20:02] special public park fund But [20:03] memos have been stated here in [20:07] Council that some money has [20:08] been slated to go for [20:12] the general fund. [20:13] Can that be more be made more [20:14] clear at this time and we can [20:18] have an over or understanding [20:19] of park accountability [20:20] Budgeting issues at this time [20:22] is a good time to practice that [20:23] accountability and to conclude [20:28] this really ask the question of [20:29] a strong mayor city council and [20:33] city council is trying to work [20:33] towards administrative [20:34] organization at this time. [20:39] Do we need to be aggressive a [20:40] good good idea at this time? [20:40] >> I hope we can. [20:41] Thank you. [20:41] Thank you. [20:45] Kathryn Roberts, if you can [20:46] please on the third this is [20:49] Katherine Rhodes and just what [20:50] everybody else said you know, I [20:53] don't understand why you had [20:54] eight or why our strong mayor [20:58] Todd Gloria put a moratorium on [20:58] the lease revenue audit. [21:03] Why would he have that ability [21:04] to do that? [21:04] And then of course, you know, [21:08] the fix for that is what [21:09] Council PRESIDENT Pro Tem Kit [21:10] Lee came out with his fiscal [21:14] accountability and transparency [21:15] reform ballot measure where [21:19] instead of just having a strong [21:20] mayor form of government who [21:21] can just make up things like [21:25] let's not let's put a [21:25] moratorium on these revenue [21:30] audits, you could have an [21:31] actual strong mayor strong city [21:31] council form of government. [21:35] So he can't go around and just, [21:36] you know, delete these audits [21:37] that are actually needed. [21:40] And then of course this is only [21:41] for fiscal year 2024. [21:45] You know, where's a one for [21:45] 2025? [21:46] Should we be getting that soon? [21:49] I don't know. [21:50] So thank you for the audit [21:51] committee for doing as much as [21:55] you can but I think this is a [21:55] problem with the mayor saying [22:01] that they can't do the job or [22:01] he's not going to give them [22:02] the funding to do the job And [22:06] you the city council not having [22:06] enough power over him to you [22:07] know, to force the issue. [22:11] And so you guys really need to [22:12] change that And hopefully if [22:17] you put something into the city [22:17] charter to take the power away [22:18] from the mayor and then during [22:22] that discussion also at [22:23] the Rules Committee, [22:24] the mayor's office said [22:24] basically he'll give you [22:25] everything you want. [22:28] You don't have to go through a [22:28] city charter change for [22:29] the city council to get things [22:33] you want like not having this [22:34] moratorium on the revenue [22:39] audits So he said that you can [22:39] have basically everything you [22:44] want So I would see if if [22:44] somebody from the mayor's [22:45] office was there and if they [22:50] could tell us that they're not [22:51] going to do these moratoriums [22:52] any more that when your time [22:53] has concluded really strong if [22:57] you can please I'm Good [22:58] afternoon San Diego City [22:59] Council mayor of San Diego in [22:59] person. [23:03] He's always live by the coast [23:04] and he knows the mission Bay [23:08] Area well as does my family. [23:09] I was a little stunned by [23:10] the audit report but to start [23:14] with the good news there was an [23:18] audit report and the eBay took [23:19] the job responsibly to take a [23:24] hard look at past lease [23:25] arrangements whether the money [23:25] came in as it was expected and [23:29] whether it was more importantly [23:30] allocated like we all would [23:30] have expected it to. [23:36] I was very surprised about [23:37] the lack of oversight with [23:37] lease leasing. [23:41] I think the comment made by [23:42] the ipa that when some leases [23:47] are not followed up with to get [23:47] the lease agreement signed or [23:52] an appropriately negotiated it [23:52] implies favoritism. [23:58] Let me just say that again It [23:58] implies favoritism and that I [23:59] think has concerned all of us [24:04] as residents of the city of San [24:04] Diego when we have leases and [24:05] we have a lot of them with our [24:09] gorgeous public lands that go [24:10] out to private entities [24:15] sometimes masquerading as [24:15] nonprofits but nevertheless [24:16] they are private entities and [24:20] they make a lot of money off [24:20] our public lands. [24:21] We are concerned when we're not [24:26] getting our fair share of what [24:27] they take in and it does imply [24:31] favoritism. [24:31] The question is is that really [24:32] favoritism and how would we [24:32] know? [24:36] So the good news in this [24:37] conversation as you have begun [24:38] the conversation you're sharing [24:39] this information with us. [24:43] You've given us a five point [24:43] plan of how to get back on [24:44] track regarding the city's [24:48] revenue so that we can have [24:48] more faith going forward that [24:49] we as citizens will be [24:54] protected from abuse and that [24:55] the money will come in as [24:55] expected and be spent As I [24:59] said, thank you. [25:00] Let us include public comment [25:00] on this item. [25:01] Thank you. [25:01] Thank you Will now take [25:05] Councilmember questions [25:05] comments starting with [25:06] the chair of our audit [25:07] committee Councilmember Raina [25:07] Thank you. [25:09] Thank you for the presentation [25:10] and thank you to the city [25:11] Auditor for your work on this [25:11] audit. [25:16] This is an annual audit so we [25:17] will be hearing on this matter [25:22] again. [25:23] >> When will it come back to [25:23] the audit committee? [25:27] We are just about to start this [25:28] year's version of the audit. [25:28] It's been delayed a little bit [25:33] due to budget reductions. [25:33] We had to hold some positions [25:34] vacant for the last six months [25:35] but those have been filled and [25:39] so we'll be starting to see [25:40] that probably in the fall In [25:40] the fall. [25:41] >> Okay, wonderful. [25:43] Well thank you for that. [25:44] The issue of the city not being [25:49] able to properly distribute [25:49] these payments to the correct [25:50] accounts was something that [25:54] the audit committee first [25:55] learned of at the MARCH meeting [25:55] when it was disclosed in [26:00] the internal controls report [26:00] which was apparently eight [26:01] months after the issue [26:01] happened. [26:06] The audit committee did review [26:06] this item item last NOVEMBER [26:10] and today is the first time [26:10] it's come before us. [26:15] The city Council at that time [26:16] staff indicated that [26:17] the problem was being addressed [26:17] and expected it to be resolved [26:21] by the end of the fiscal year. [26:22] Now as the auditor noted, [26:23] the problem of the problem [26:27] resulted in a large backlog of [26:28] unresolved lease payment [26:33] discrepancies In MARCH I had a [26:34] great concern not just about [26:35] the actual dollar amount that [26:39] had not been distributed to [26:40] the right account but more [26:41] importantly whether this issue [26:45] was a symptom of something [26:46] larger and might need a higher [26:46] level of disclosure. [26:51] My concern did increase when it [26:51] was revealed that a moratorium [26:52] had been placed on the city [26:57] Treasurer's ability to continue [26:58] auditing the situation. [26:59] The office of the City [27:03] Treasurer is required per [27:04] council policy 700 Dash ten to [27:05] conduct an audit of each [27:10] percentage lease for the first [27:11] year of operation and at least [27:14] once every five years. [27:15] Now restricting their ability [27:15] to do this is a significant [27:20] action. [27:21] On page seven of the audit it [27:21] states the following edi [27:26] limited re portfolio access to [27:31] only its staff and removed [27:32] access from the audit office of [27:32] the City Treasurer. [27:37] He believed it was [27:37] counterproductive to allow [27:38] access to leasing management [27:42] software containing inaccurate [27:43] information while it was [27:43] actively working to reconcile [27:49] accounts so that accurate [27:50] payments could be applied and [27:50] correct revenue could be [27:55] realized according to edi [27:56] provided all data and [27:57] information to the City [28:01] Treasurer upon request to [28:02] continue revenue audits despite [28:02] not providing access to [28:06] the software. [28:07] However, the City Treasurer [28:08] indicated that its ability to [28:13] complete revenue audits was [28:14] limited by the moratorium which [28:18] explicitly instructs the city [28:19] Treasurer to pause audits and [28:25] restrict contact with a leader [28:26] Goes on to say that the audit [28:26] and Treasurer that auditor and [28:30] Treasurer had to instead rely [28:31] on data from sap and reports [28:32] provided by edi to support [28:36] their analysis. [28:37] No direct access to the actual [28:42] data for two top officials in [28:42] the city for an extended period [28:47] of extended period of time. [28:48] I find this to be very [28:48] concerning and I think [28:49] everybody on the dais should [28:53] feel the same way As [28:54] the auditor states, these [28:54] actions weaken an important [28:59] internal financial control, [28:59] hinders oversight and [29:00] transparency and could [29:05] potentially damage the city's [29:06] reputation and credibility for [29:06] billing practices and financial [29:07] reporting. [29:11] Now I do appreciate [29:11] the auditor's first [29:12] recommendation which speaks to [29:13] discouraging future moratoriums [29:18] and which requires promptly [29:18] informing the city auditor and [29:19] the chair of the audit [29:20] committee If the ability to [29:23] perform these revenue audit [29:24] functions is restricted in [29:24] the future. [29:29] This is absolutely critical and [29:30] I'm glad to see that management [29:31] agreed to provided provided [29:31] provide the direction to [29:35] the department staff in [29:36] compliance with Council policy [29:36] 700 Dash ten The audit states [29:41] that the Economic Development [29:42] Department appears to have [29:43] taken steps to subsequently [29:47] resolve this issue and I would [29:48] ask staff to expand upon [29:48] exactly what steps have been [29:52] taken to resolve this issue and [29:53] also can the auditor expound on [29:54] what you need to see done for [29:55] this issue to be resolved in [30:10] your eyes? [30:11] Good afternoon. [30:16] Monica Hardman Assistant [30:17] Director I'm taking a seat [30:17] because I realize there'll be [30:18] numerous questions So thank you [30:22] for the opportunity to expound [30:23] upon what the department is [30:23] doing to resolve these issues. [30:28] So the first thing that we did [30:29] is that we took an internal [30:30] look at improving our system [30:34] processes. [30:35] So in this we made sure that we [30:36] created processes to ensure [30:40] that an applied payments were [30:41] reviewed in a timely manner and [30:42] researched and matched to [30:42] the corresponding invoices. [30:46] We also have been improving our [30:47] internal tracking of lease [30:48] obligations and our escalation [30:52] provisions and strengthening [30:53] the oversight of the agreements [30:54] that include the percentage [30:54] rent. [30:58] Secondly, we launched a very [30:59] intensive tenant outreach [30:59] campaign to encourage our [31:00] tenants to use the city's [31:04] online payment portal. [31:05] So this portal it requires [31:06] the tenants to supply all of [31:10] the necessary invoicing [31:11] accounting information upfront [31:11] which really eliminates [31:12] the primary source of [31:16] the payment matching issue. [31:17] And then third that we've [31:18] discussed before we are [31:18] currently modernizing [31:22] modernizing our software [31:22] system. [31:23] So we are upgrading our real [31:24] estate management portfolio [31:28] system who are currently in [31:29] version six. [31:30] We are upgrading to version 11 [31:34] that will be complete at [31:35] the beginning of f y 27 So in [31:36] JULY of 2026 we will be [31:41] upgraded to version 11. [31:41] And concurrently we're also in [31:42] the process of engaging upon a [31:47] request for proposal for [31:48] the long term leasing solution [31:52] and we're working with various [31:53] departments to ensure that we [31:54] can have that completed in a [31:54] timely fashion. [31:59] >> Thank you for that update. [32:00] According to the audit which [32:04] looks at fiscal year 24, only [32:05] of the 11 leases that are in [32:09] holdover status six of them [32:10] have been in holdover for more [32:10] than eight years. [32:14] And an audit committee it was [32:15] stated that one was terminated [32:21] when were the other leases in [32:21] mission be updated. [32:26] >> Thank you for the question. [32:27] So of the ten minus the one [32:27] that was terminated, they're [32:32] actively being addressed. [32:33] They're either currently going [32:34] through lease negotiations or [32:34] through an active competitive [32:39] rfp process. [32:39] So for example we currently [32:40] have Sportsman's Seafood [32:41] Indiana landing that rfp was [32:44] just issued in FEBRUARY of [32:44] 2026. [32:45] So they are all actively [32:50] negotiating being negotiated [32:51] and we're working to get those [32:51] done as quickly as possible. [32:52] Got you. [32:57] I think at this rate I think [33:02] this council should have a list [33:03] of those and also when they are [33:08] going to be not when they're [33:09] going to be renegotiated [33:10] because that's what's happening [33:14] right now When the it's [33:14] determined that they should be [33:20] closed, there is an end date, [33:20] right? [33:21] Yes. [33:21] Happy to provide that. [33:22] We can give a status update for [33:23] those two and where they're at [33:25] in the process and [33:26] the anticipated timeline where [33:27] either the rfp will be done or [33:31] will be back before council for [33:32] consideration for the new [33:32] lease. [33:32] Thank you. [33:33] What is the current backlog [33:37] backlog of leases in the city [33:38] and how long will it take to [33:39] work through it and catch up? [33:43] >> So currently we have 178 [33:43] agreements that are in hold [33:44] over and we're actively working [33:48] through those. [33:49] Of course they have to be [33:50] prioritized based on staff [33:50] capacity. [33:55] We currently have 13 property [33:56] agents for the city's entire [34:00] portfolio of over 900 leases. [34:01] We have three vacancies. [34:02] Only ten of those are filled at [34:06] the moment and we've actively [34:07] been working with consultants [34:08] and other assistance just to [34:12] help us get through this [34:13] backlog. [34:13] >> Thank you for that response [34:18] and thank you for being here. [34:19] This administration has known [34:20] about these lease revenue [34:25] issues for years and we still [34:25] have leases. [34:30] >> We just specifically look at [34:31] Mission Bay that have not been [34:35] updated for 12 years now. [34:36] Obviously this issue applies to [34:37] leases throughout the city [34:37] which makes as you mentioned [34:42] the problem 178 times more [34:48] egregious than the tenant in [34:49] Mission Bay. [34:54] Not only are we likely losing [34:55] out on revenue which once again [35:00] I always point this out if we [35:00] look at what rents were 12 [35:01] years ago alone just in an [35:06] apartment it's it's night and [35:06] day. [35:12] >> The issue you know comparing [35:13] that now to prime land that [35:13] the city holds in this specific [35:17] case to Mission Bay it just it [35:18] makes me sick to my stomach. [35:19] The auditor states that [35:23] the city MAY potentially be [35:23] conferring an unfair benefit to [35:24] the current tenant creating [35:29] unnecessarily unnecessary [35:30] uncertainty for both the city [35:35] and the lessee and limiting [35:36] the city's ability to enact and [35:37] enforce updated contract [35:41] provisions. [35:42] This also can lead to perceive [35:48] favoritism from other lessees. [35:48] The auditor also states that in [35:49] reviewing the annual mission be [35:54] revenue allocation the auditor [35:58] identified $933,834 in deferred [35:59] revenue to the city for fiscal [35:59] year 24. [36:00] Can the auditor speak to this [36:04] finding and explain for [36:05] the public what deferred [36:10] revenue is in this case? [36:11] >> Yes, I can I can say a few [36:12] things about that. [36:12] Right. [36:16] So the deferred revenue is just [36:17] money that was expected but [36:18] it's not received or recognized [36:18] in that period. [36:23] So yeah, about a little less [36:24] than $1 million. [36:28] So it's possible he was on that [36:29] that credit list that [36:30] the report talks about where it [36:35] just hadn't been been matched. [36:36] At the time we did this audit [36:37] in the scope period we looked [36:37] at. [36:38] So we'll be seeing how that [36:41] amount changes on the next go [36:41] round. [36:42] But we flagged it for purposes [36:43] here because that that is a [36:47] notable amount of money that. [36:48] >> So is it expected that this [36:51] deferred revenue for fiscal [36:52] year 20 for the 933 million [36:53] that you mentioned, will that [36:57] ever be received? [36:58] I think yeah, I wouldn't I [36:59] wouldn't assume that it won't [37:04] be received. [37:05] It could have already been paid [37:06] and just not recognized in that [37:06] accounting period. [37:10] We got to close the books at [37:11] some point so it could be that [37:12] fate or it MAY not have been [37:17] received at all yet Maybe [37:17] the tenant did not send in [37:18] the check for that month so we [37:19] don't know when next time we go [37:22] around will compare the figure [37:22] that we received with that [37:23] $933,000 figure you just [37:28] mentioned And Councilmember [37:28] Moreno, if I MAY, we have [37:32] confirmed that that nine 33,000 [37:33] it has been received. [37:33] Thank you. [37:34] Thank you for that. [37:40] And if I MAY have my extra [37:40] three minutes pro tem we give [37:41] you this I'm gonna give you my [37:42] three minutes as well. [37:45] Oh, I've already been okay, [37:46] well, if I MAY have a thank you [37:46] from my colleagues if I MAY [37:50] have some time. [37:51] Thank you. [37:51] I also share the concern of [37:52] the oversight committee that [37:53] expressed that they weren't [37:57] getting sufficient information [37:57] on projects and expenditures [38:02] that we're supposed to monitor [38:03] . [38:03] The role is oversight and [38:04] the city has a duty to get them [38:09] all the relevant information [38:10] that they required to fulfill [38:10] their duty. [38:11] I am glad to see in the audit [38:15] that in mid-year fiscal year 24 [38:16] both committees began to get [38:16] expanded project information [38:21] but implementing recommendation [38:22] 4.1 to reach an agreement and [38:26] mechanisms to specify which [38:27] specific project elements [38:28] should be provided and [38:28] the frequency that [38:32] the department should generate [38:33] and share. [38:34] The report is critical to [38:34] implement by the end of [38:35] the fiscal year. [38:39] I will end by saying that when [38:40] the city cannot properly keep [38:45] track of lease revenues and [38:45] associated late fees there is [38:46] great potential for the wrong [38:50] amount to be deposited into [38:51] the Mission Bay Improvement [38:51] Fund. [38:52] When that happens we're [38:56] potentially running afoul of [38:57] the charter requirement that [38:57] was approved by voters to fund [39:02] the Mission Bay improvement [39:03] Fund at a specific, specific [39:03] and prescribed level hearing [39:08] that steps have been taken to [39:09] resolve This issue is good but [39:10] I don't think I'm going to be [39:10] satisfied until the city [39:14] auditor can fully confirm this. [39:15] Additionally, even if it is [39:16] resolved as far as refining [39:21] the process by which we collect [39:22] and distribute these revenues, [39:27] I do not think it was proper to [39:27] restrict the city Treasurer's [39:28] access to the data they need to [39:33] do the least revenue audits [39:34] they were specifically tasked [39:34] to doing. [39:35] Nor was it appropriate to [39:35] restrict the auditor from [39:39] seeing that data firsthand for [39:40] the purpose of performing this [39:40] audit. [39:41] Neither of those things should [39:44] ever happen again. [39:45] And additionally just for [39:46] the body I will be leaving this [39:51] body in DECEMBER. [39:56] So with that being known I have [39:57] asked that our outside auditor [39:58] Crowe keep tabs on this issue [40:03] for their external audits. [40:04] I know I keep on reiterating [40:09] this as the chair of the audit [40:09] committee The purpose of [40:10] the audit committee is to see [40:10] issues that are that we're [40:15] doing wrong and the purpose of [40:16] management accepting that what [40:21] we're doing is wrong is to fix [40:22] those issues. [40:23] It's just you know, I'm at a [40:28] loss of words as to why these [40:29] issues are not being fixed [40:32] especially when we are looking [40:33] down $120 million budget [40:38] deficit. [40:39] So with that I move that we [40:41] approve staff's recommendation [40:42] . [40:48] >> Thank you. [40:49] Thank you guys. [40:50] Remember I know it is an [40:55] informational item only so no [40:55] motion will be required with [40:55] it. [40:56] We'll turn next to [40:57] Councilmember Ravenwood. [41:00] I thank you very much and thank [41:01] you to our auditor for [41:02] the presentation and the work [41:03] on this And I have a couple of [41:07] questions. [41:08] Thank you to Council Moreno for [41:08] all of your thorough questions [41:09] here on audit. [41:12] Slide five is as a total [41:13] adjusted revenues for Mission [41:16] Bay lease revenues was [41:16] approximate 37,000,087% [41:17] decrease from f y 2023 So why [41:18] is least revenue going down in [41:22] Mission Bay? [41:23] That was just one of [41:29] the indicators that potentially [41:29] the fall revenues weren't [41:30] recognized because of [41:35] the backlog because you would [41:36] expect it to go up but it went [41:37] up that year and they should [41:38] kind of track together at that [41:41] Both percentages of the revenue [41:41] that they received. [41:42] So that's just one indicator [41:43] that perhaps some of this [41:47] revenue got caught up in [41:48] the accounting issues and [41:48] wasn't recognized for Mission [41:49] Bay. [41:53] So that's why you know, we [41:53] noted we couldn't verify that [41:54] the amount was right that year [41:55] and we're going to check it [41:58] again during this year's audit. [41:59] >> Okay. [42:03] Mark, if you have any comment [42:03] on that one. [42:04] Again, as the city auditor [42:08] mentioned, it was a snapshot in [42:08] time. [42:09] We have since reconciled and [42:10] have received all that. [42:14] Nine 33,000 So I don't know if [42:15] that could have been the issue [42:16] or something else I would say [42:20] globally, you know there have [42:21] been some situations where [42:21] revenue has been down but we [42:26] would expect that you know [42:26] those would remain at a certain [42:27] level. [42:27] So I think looking at it in [42:31] this new year will really [42:32] provide us the data points that [42:33] we need now that we have [42:37] reconciled and we're receiving [42:37] revenue and getting through [42:38] those payment issues to see if [42:39] there's any global trends. [42:39] But that's about all that I [42:40] could really mention at this [42:47] time. [42:48] Okay. [42:51] Yes we are for a $120 million [42:52] budget deficit. [42:52] We're not tracking why we're [42:56] not getting this revenue from [42:57] one of our most popular parks. [42:57] Can someone from the mayor's [43:03] office please explain how an [43:03] audit can be refused If [43:04] the Treasurer is being asked [43:09] how much money did you bring in [43:09] for the city? [43:10] How can city management say [43:11] We're not going to tell you [43:18] I've never heard of this. [43:19] Yeah. [43:19] Thank you for that question, [43:20] Councilmember I, I don't think [43:24] it was in an effort to hide [43:25] the ball or refuse the audit or [43:25] not participate in that [43:25] process. [43:31] I do think when Eden formerly [43:32] Dream consolidated there was a [43:36] lot of cleanup work that needed [43:37] to take place And so I think to [43:38] get your arms around kind of [43:42] the back end mess that we were [43:43] trying to get through and [43:43] the backlog I think that is [43:48] the intent of that moratorium. [43:49] I don't think it was anything [43:50] beyond that that has since [43:55] obviously been lifted. [43:55] The commitment is on the table [43:56] as seen in the management [43:57] response and that's that's what [44:01] we there. [44:08] Okay. [44:09] >> And we're not going to do [44:09] that in the future. [44:14] No. [44:14] And then if there is ever a [44:15] situation where things are not [44:20] able to be met or delivered, [44:20] there is the accountability [44:21] process, the notification to [44:22] the city auditor as well as [44:23] the audit committee in the rare [44:26] event that some type of action [44:27] needs to be taken. [44:27] But as in the management [44:28] response the commitment is [44:31] there. [44:31] Okay. [44:32] I find it very perplexing and [44:38] really frustrating that we do [44:39] ask how much money even can [44:39] account manager is going to say [44:43] well we're not going to tell [44:43] you. [44:44] So I mean I'm glad it has been [44:49] resolved since but I cannot [44:49] believe that was one of [44:50] the responses. [44:50] I do have a question about how [44:51] we can help a council So like [44:54] you said, there's only 13 [44:55] property agents employed by [44:55] the city of San Diego to [44:56] oversee how many leases. [45:00] That is correct. [45:01] So we currently have 13 fte for [45:05] our entire lease portfolio [45:06] which is over 910 of those are [45:13] filled came came in during [45:14] the financial year. [45:15] So the general fund positions [45:15] are those 13 of these general [45:18] fund I'm getting that they are [45:18] why this seems to be an [45:23] enterprise fund type of I mean [45:24] if we're getting lease revenue [45:25] is that not a money making fund [45:25] How are these not shifted from [45:30] the general fund to be paid for [45:30] by the leases? [45:31] Maybe we could hire more [45:31] property agents to enforce [45:32] the leases and get more money [45:34] into the city with an [45:40] improvement on the general fund [45:40] . [45:41] Good afternoon Ben. [45:47] Battalion Director of Finance. [45:48] So yes those 13 positions are [45:48] in the general fund but [45:52] the revenue from those leases [45:53] are also deposited into [45:53] the general fund as well. [45:54] So they do support those [46:00] positions But couldn't we hire [46:01] more people to are didn't take [46:02] a burden on the general fund. [46:02] We made it into a separate [46:05] enterprise fund and we need [46:05] more than 30 people to manage [46:06] 900 properties which is why we [46:11] have 170 hold or releases I [46:11] mean gotten to my former leases [46:14] in San Pasquale been waiting 15 [46:14] years to get their leases done. [46:15] So I just we obviously need [46:16] more people to manage our [46:20] leases but we don't hire people [46:20] under general fund positions [46:21] right now because the budget [46:22] deficit in the general fund So [46:25] have we thought about moving [46:26] them over into an enterprise [46:26] funded source so we could have [46:27] more property agents to bring [46:31] in more revenue So the majority [46:32] of these leases are general [46:32] fund leases That revenue comes [46:37] into the general fund and it's [46:37] significant It's like it's tens [46:38] of millions of dollars. [46:43] So if we were to move that all [46:44] into an enterprise fund with [46:44] the additional 13 positions [46:49] plus maybe a few more we would [46:49] really just be transferring [46:50] that revenue back to [46:51] the general fund to support [46:55] general fund operations. [46:55] Okay. [46:56] That kind of is why we only [46:59] have 13 property agents for 900 [47:00] properties I think probably not [47:01] your department That's really [47:01] just yeah, I mean that's a [47:06] policy call that that's a [47:07] budgetary decision. [47:07] Okay. [47:08] I follow it from the mayor's [47:11] office on you know we need to [47:12] bring in money for the city and [47:13] we know Mission Bay is making [47:17] money at the beautiful place to [47:18] go. [47:18] So I just totally would hope [47:19] that you're there's absolutely [47:20] no reason that the city [47:22] shouldn't be getting lease [47:28] revenue from our lessees And if [47:29] the issue is we don't have [47:30] enough employees to go out and [47:30] manage our properties then we [47:31] should have more employees [47:37] using our properties. [47:37] Okay. [47:38] Well thank you for [47:39] the information about it. [47:42] Hopefully we can right the ship [47:47] and I appreciate the audit. [47:47] Thank you. [47:48] We'll turn off to Councilmember [47:53] Foster. [47:53] All right. [48:00] Thank you for the presentation [48:05] and for clearly we have more [48:05] work to do. [48:06] But I just wanted to kind of [48:11] pick up off of where my [48:11] colleague was at and I can [48:17] appreciate the discussion on [48:22] the number of funds I guess [48:23] what I'm struggling with is I'm [48:28] not necessarily hearing a plan [48:29] to resolve these outstanding [48:34] issues And so I would ask [48:35] the mayor's office do we have a [48:41] plan on these 178 holdovers and [48:41] things that we are doing on how [48:46] we are going to resolve them? [48:47] And I'm going to ask from a [48:51] project management perspective [48:52] meaning do we have a schedule [48:58] on identify leases, how you are [48:59] approaching them due date [49:03] timelines to where staff [49:04] understands what they should be [49:05] working on clear directives [49:10] what the expectations are and [49:11] systematically making our way [49:16] through this backlog? [49:16] >> Thank you for the question, [49:17] Councilmember Foster I'm going [49:18] to start and then I'll let [49:22] the mayor's office add anything [49:23] that they would like to as I [49:23] mentioned early in terms of [49:24] the plan to resolve the issue, [49:28] a huge component of that is [49:29] the upgrade and future rfp for [49:34] our leasing management [49:34] software. [49:35] So number one we need to reduce [49:35] the human error. [49:40] Number two, we need to automate [49:41] workflows and the number three [49:41] we need to provide visibility [49:42] into our lease compliance. [49:46] So those are all things that we [49:47] are currently struggling with [49:48] with a system that is very much [49:48] out of date. [49:52] So those issues will be [49:53] resolved partially with [49:57] the upgrade to version 11 As I [49:57] mentioned that would be [50:02] implemented in JULY of 2026 And [50:02] then again looking long term [50:03] for how we can continue to [50:07] improve efficiencies there with [50:08] another potential system. [50:09] Secondly in regards to your [50:14] question on what is the plan, [50:15] how are we looking at that? [50:16] We do have a work plan that we [50:20] prioritize based on council in [50:21] my oral priorities that we are [50:26] utilizing our existing staff [50:27] and also looking at ways in [50:28] which we can utilize any type [50:32] of assistance through [50:33] consultants to help make us as [50:37] efficient as possible. [50:45] So sorry COUNCILMAN. [50:45] Can I just add some detail? [50:46] Yeah. [50:51] This is the audit mission Bay [50:52] only for fiscal 24 but we did [50:56] do an audit of all city lease [50:56] management and I think it was [50:57] 2022 so four years ago that was [50:58] one of the recommendations have [51:02] a plan to work down the backlog [51:02] to prioritize and work it down [51:07] And so we're still following up [51:07] on that. [51:08] I can appreciate that. [51:09] But even if we just simply [51:13] isolate the discussion we're [51:14] having here today I guess for [51:20] for my own understand and again [51:20] I'm looking for a plan and it's [51:25] really troubling if we don't [51:26] have an overall plan and [51:31] outline so that we can system [51:32] adequacy which leases up first [51:33] which leases up today what that [51:38] date is in for in order for us [51:39] to update it, it's it's no [51:40] different than what engineering [51:41] and capital projects does as [51:43] they make their way through a [51:44] project a step by step schedule [51:49] that shows the activities what [51:50] those expectations are, what [51:51] the due dates are so that we [51:51] can bring some accountability [51:56] and bring some professionalism [51:56] and some management to [51:57] systematically work through [51:58] this process. [52:01] Even if we went through and put [52:02] together an assembly contract [52:03] to supplement staff, what will [52:08] we hold those contractors to? [52:08] How do we convey what those [52:09] needs are? [52:13] What the expectations are, [52:14] what's due on day one, two, [52:15] three, four and five? [52:20] That's where I'm that's where [52:20] I'm going with this And I think [52:21] that would answer a lot of [52:25] questions of the council and [52:26] also our auditor's office. [52:27] So we have a clear line of what [52:32] we are monitoring and what our [52:32] needs are. [52:33] Is there a way we can Yeah or [52:37] Councilmember especially as we [52:38] go through the next few weeks [52:39] of budget discussion I think [52:39] that information and what is [52:40] coming down the pipeline [52:44] awareness is especially [52:45] critical so we can have [52:45] economic development staff. [52:46] I'm work with city auditor and [52:50] others and provide you kind of [52:50] what the next few months look [52:51] like opportunities for our city [52:56] to contracts timelines for you [52:57] know additional software [52:58] upgrade procurement just we [52:58] have a better idea of what's [52:59] coming down the pipeline and to [53:02] better inform the budget [53:03] discussions. [53:03] >> What about that? [53:04] Okay. [53:04] I appreciate that and I think [53:05] that would be a useful tool so [53:08] we can make sure we're all [53:09] marching to the same accord [53:10] especially as we are looking at [53:10] competing priorities. [53:14] When you talk about the mayor's [53:14] priorities versus the council's [53:15] priorities. [53:15] Right. [53:16] So I think that would be a good [53:16] useful tool. [53:20] So that we are all clear on [53:21] where we are headed and how we [53:21] are going to attack this. [53:26] So thank you. [53:27] That concludes conclude my [53:27] comments. [53:27] Thank you. [53:35] Next up is Councilmember [53:35] Gilbert Harold. [53:36] Thank you Carl. [53:36] PRESIDENT Pro-Tem thanks to any [53:37] of you and your team for [53:40] the work here. [53:40] I appreciate the questions my [53:41] colleagues. [53:41] We've got someone operating [53:44] counter bluster really digging [53:45] in and obviously everybody [53:45] knows leadership on [53:46] the committee. [53:50] I, I too am frustrated with [53:56] the number of Holder releases [53:57] and I think the questions about [53:58] what the plan is and why things [53:58] are the way they are and it is [54:02] important. [54:03] I also do think that it's [54:03] important to note that this is [54:07] a long standing problem and [54:08] this is not a defense of [54:09] the way that responded to [54:13] the problem Has been responded [54:19] to since 2020 or 2021. [54:19] But I'll I'll draw an analogy [54:24] to streetlights where we were [54:25] far behind that even doing [54:26] work at a regular pace meant [54:30] that we were unacceptably [54:31] behind and that staff was [54:31] underwater in a way where they [54:34] could never see themselves [54:35] getting up getting their head [54:40] above the surface. [54:47] I think that some of that was [54:47] the failure to invest in in our [54:48] city staff in such a way that [54:54] to equip them But also in this [54:54] instance I really do think that [54:55] it's important for us to ask [54:56] who benefited from the status [55:00] quo, who benefited from so many [55:00] leases being held in holdover [55:01] status, who who benefited from [55:05] not paying fair market value [55:06] for incredibly valuable [55:12] properties? [55:13] I think it was the friends of [55:13] folks who served on this dais [55:14] in the past and who served in [55:18] the mayor's office in the past [55:19] And I want to say that out loud [55:19] because these things did not [55:23] happen by accident And for sure [55:24] we need to do better to get to [55:30] a place where every single [55:30] property that the city has is [55:35] owns The city is being fairly [55:35] compensated for. [55:36] But in a moment where the city [55:41] is being attacked for [55:42] mismanagement and and we are [55:47] we're trying to get to a better [55:48] place. [55:48] It is important to note who who [55:53] drove the car into the ditch [55:53] and especially on this front [55:59] because there are there are [56:00] people who benefit greatly from [56:05] their leases being held and [56:06] hold all of our status for as [56:07] long as they have. [56:07] Now to COUNCILMAN Foster's [56:11] point because we were in [56:11] the hole that we are in, [56:12] there's got to be a plan not [56:18] only the number of leases and [56:18] all over status but the city's [56:19] overall budget situation. [56:20] And so when we're making [56:22] the difficult decisions about [56:23] what should be cut, what should [56:28] be maintained and how and who [56:29] we seek revenue from to fill [56:34] the gap that plan becomes [56:35] incredibly important. [56:35] And so could I know you answer [56:36] a number of questions already [56:40] but it's it's one of those [56:41] things that I think the council [56:45] has been pretty consistent in [56:46] in wanting to make sure that [56:47] there is there is whether it's [56:51] from enterprise funds or [56:52] the general fund that [56:52] the leases are up to date [56:53] there's been a willingness to [56:58] partner from from Labor to see [56:59] that a willingness to allow [57:00] some that work to be contracted [57:04] out because they recognize [57:04] the big picture, the importance [57:05] of making sure that we're [57:06] getting fair market value for [57:10] all these leases So this is a [57:11] is I think a really important [57:21] issue on the on the beauty [57:22] front we've talked about how [57:23] every dollar we don't collect [57:23] in fair market value for those [57:27] leases that are in all of [57:28] the status is a dollar that we [57:29] were not allowed we're not able [57:32] to then reinvest into providing [57:33] subsidies and discounts to [57:33] seniors and people who can [57:39] barely pay their water bill. [57:40] Every dollar that we don't get [57:41] in for free market value for [57:42] leases that are that support [57:44] the point of the general fund [57:45] is a dollar that we're not able [57:50] to to keep library libraries [57:51] open parks and rec centers [57:52] properly funded and even you [57:52] know have difficult [57:56] conversations about public [57:57] safety. [57:57] And so this is just an [57:58] incredibly important issue. [58:03] I know that it's pretty narrow [58:04] is being presented today but as [58:05] Andy said, that is an issue [58:05] that was brought to our [58:08] attention a few years back and [58:09] I think the consistency from [58:10] the council has been there. [58:12] And so that plan that three of [58:13] us were talking about is [58:14] incredibly important and then [58:14] the action is incredibly [58:19] important as well. [58:20] So again thank you to our [58:20] colleagues for asking [58:21] questions. [58:21] They did also let's not let [58:25] those folks off the hook who [58:25] who got us into this situation [58:26] and we should think about who [58:31] benefited and who and who their [58:32] friends are because I do think [58:32] it's a coincidence. [58:32] >> Thank you. [58:37] We'll turn next to [58:37] Councilmember Kimball. [58:38] >> Thank you. [58:42] Council PRESIDENT Pro Tem. [58:43] I just like first to ask is my [58:46] understanding that as of APRIL [58:47] of 25 in other words one year [58:48] ago this moratorium was lifted? [58:52] Is that correct? [58:53] I think it was technically [58:54] lifted around that time. [58:59] I believe it was around [59:00] SEPTEMBER that the Treasurer [59:00] got back the system access that [59:04] they needed right? [59:05] That is correct. [59:06] So it was lifted in APRIL. [59:11] However it took the Treasurer [59:12] several months to get back over [59:16] to work on it. [59:17] Also I'd just like to remind [59:18] everyone that the real estate [59:23] division was a department of it [59:24] on its own for a while a good [59:28] long while under various [59:29] administrations but was moved [59:29] into economic Development [59:34] department only in 2024 I [59:40] forget which month but it was [59:41] not at the beginning of 2024 as [59:46] I recall and I wanted to just [59:46] recall that the software being [59:52] used by real estate division [59:53] was then if this is correct was [59:57] then five years out of date at [59:58] that time And wasn't that one [59:59] of the reasons then put [59:59] the moratorium because they [1:00:00] couldn't get the correct [1:00:04] numbers out of that old system? [1:00:05] Thank you for the question, [1:00:06] Councilmember Campbell. [1:00:06] So yes, in terms of [1:00:10] the software for our portfolio [1:00:11] at the time we knew that there [1:00:12] were errors in that system and [1:00:17] that sap is a financial system [1:00:18] of record in which this a [1:00:22] challenges with reconciliation [1:00:23] and knowing that what was [1:00:24] currently in our portfolio was [1:00:28] not correct and that's when we [1:00:29] had the collective decision [1:00:30] regarding the moratorium and [1:00:35] just working to get information [1:00:35] outside of the system to be as [1:00:36] efficient with people's time. [1:00:41] So there was not a silo attempt [1:00:46] to keep the auditor away from [1:00:47] the money answers It was [1:00:48] actually a series of department [1:00:52] heads who got together and [1:00:53] realized that the numbers [1:00:54] coming out were not right. [1:00:58] We had to get that straightened [1:00:59] out so we could have the proper [1:01:00] numbers correct. [1:01:00] And you know, just to clarify, [1:01:05] during the moratorium revenues [1:01:05] were still being collected even [1:01:06] with the holdover leases that [1:01:11] we've discussed cpi adjustments [1:01:12] were still being done. [1:01:12] So there was never any point [1:01:17] where revenue was you know, [1:01:17] just totally stopped. [1:01:18] It was just really [1:01:18] the reconciliation of it with [1:01:23] errors as to, you know, what [1:01:24] accounts it went to where we [1:01:25] had to go through a larger [1:01:25] process to get that all [1:01:26] reconciled. [1:01:29] >> Thank you And I and I [1:01:30] appreciate my colleague's [1:01:30] questions, many of which were [1:01:35] ones I was going to ask Of [1:01:35] the 900 leases that we have on [1:01:40] city property, we evidently [1:01:41] have budgeted 13 full time [1:01:41] equivalent to watch over those [1:01:47] leases but only of ten of those [1:01:47] positions filled, is that [1:01:48] correct? [1:01:48] That is correct. [1:01:51] Now of those ten people there [1:01:52] each responsible for at least [1:01:53] 90 leases, is that correct? [1:01:57] You know, it depends on each [1:01:58] person's portfolio. [1:01:58] We have a range of, you know, [1:01:59] associate to property to [1:02:03] supervising. [1:02:04] So it depends on [1:02:04] the classification, what [1:02:05] workload that they have. [1:02:06] But if you were to make a [1:02:10] general average that would be [1:02:10] correct. [1:02:11] It sounds like a large load to [1:02:11] me. [1:02:12] I would ask Andy do we have any [1:02:15] ideas generally or you want to [1:02:16] put in the real estate world [1:02:21] how many portfolios can one [1:02:22] real estate expert manage at a [1:02:27] time and do an excellent job [1:02:28] And I do not recall for sure We [1:02:33] MAY have benchmarked that in [1:02:34] our 2022 audit of citywide [1:02:38] lease management looking at all [1:02:38] 900 leases. [1:02:39] This is just looking at Mission [1:02:40] Bay only So we didn't look at [1:02:45] that on this audit So I don't [1:02:46] have any information on that at [1:02:46] this moment for you. [1:02:46] >> Okay. [1:02:49] Well these 900 for the whole [1:02:50] city is not just Mission Bay [1:02:52] but on the Mission Bay ones, [1:02:53] the ten that were not being [1:02:54] followed up on and updated are [1:02:59] now currently being dealt with, [1:02:59] is that correct? [1:03:05] That is correct. [1:03:05] Okay. [1:03:06] So pretty soon we will we will [1:03:07] see what the outcome is of [1:03:11] those that work. [1:03:12] But I would just like to say [1:03:13] that it seems to me [1:03:17] the Department which took in [1:03:17] the real estate division MAY [1:03:18] need more help with its real [1:03:23] estate problems And if it does [1:03:24] I would like to hear as a [1:03:29] council member how many full [1:03:29] time equivalents more of real [1:03:30] estate experts are needed so [1:03:34] that the city can prioritize [1:03:35] and make a high priority [1:03:36] getting as much bang for [1:03:40] the buck as we can on releases [1:03:40] that we're putting out. [1:03:46] Do you have any ideas at this [1:03:47] time of how many you would like [1:03:52] to have if you had a wish and [1:03:53] you could make a wish for as [1:03:53] many as you need it? [1:03:57] >> I appreciate the question. [1:03:58] So as I just want to mention [1:03:59] looking at the leasing software [1:04:03] was really one of our [1:04:04] priorities because you know [1:04:05] the software will help us do [1:04:05] more with less staffing and [1:04:10] understanding just you know, [1:04:11] dire needs that we're in with [1:04:11] the budget. [1:04:15] I don't have a number off [1:04:15] the top of my head because [1:04:16] we're always looking at ways we [1:04:17] can be more efficient with what [1:04:17] we do have. [1:04:22] I can confirm though that [1:04:23] industry standards outside of [1:04:23] you know, city government that [1:04:28] you know approximately 90 [1:04:29] leases per person is is pretty [1:04:29] high. [1:04:29] >> Okay. [1:04:34] It reminds me of the code [1:04:35] enforcers trying to spec 130 [1:04:39] entities each every week which [1:04:40] is obviously humanly [1:04:40] impossible. [1:04:45] So I think what we need to do [1:04:46] as a council is realize that [1:04:47] when we need to hire more [1:04:51] expertise as a city or contract [1:04:52] out for more expertise we have [1:04:57] to spend money to do that. [1:04:58] If we spend money to do that [1:04:58] then we have to cut the budget [1:04:59] somewhere else because we're [1:05:03] not in it in a plush situation [1:05:09] in terms of how much revenue [1:05:09] the city is getting these past [1:05:13] year or two years and how bad [1:05:14] it was under covid as well and [1:05:19] how we really haven't totally [1:05:20] recovered after that. [1:05:20] So these are tough decisions [1:05:25] that we're going to have to be [1:05:26] making in the next several [1:05:27] weeks And I hope that we all [1:05:31] realize that sometimes getting [1:05:32] more expertise is actually a [1:05:37] savings than a cost and that [1:05:38] sometimes we have to give some [1:05:43] things up in order to pay for [1:05:44] other things. [1:05:44] And at any rate I really [1:05:49] appreciate all the work I went [1:05:50] into this and I know Andy you [1:05:51] will soon be coming back to us [1:05:54] with the correct numbers for [1:05:55] 2025 as well as for 2026 of [1:05:55] that fiscal year will be over [1:06:00] JULY first, 2026. [1:06:01] So I appreciate that. [1:06:06] i appreciate all your work in [1:06:07] Oversight. [1:06:07] It's so important that we have [1:06:08] these audits and it's so [1:06:09] important that the public [1:06:12] realize that the city is in [1:06:17] financial straits and we cannot [1:06:18] do everything for everybody [1:06:19] that they want without paying. [1:06:24] And so these are tough [1:06:25] decisions that have to be made [1:06:25] and we need to have [1:06:26] the public's help in this and [1:06:30] understanding in this. [1:06:31] So thank you so much for [1:06:32] everyone's comments and [1:06:32] questions and thank you for all [1:06:37] your hard work and thank you [1:06:38] Chair Pro-Tem Thank you. [1:06:43] So we're Campbell I think that [1:06:43] concludes the speakers for my [1:06:44] colleagues so I'll close off by [1:06:45] noting that my colleagues to [1:06:49] ask me the questions that I [1:06:50] think I would have and I [1:06:50] appreciate them their [1:06:51] directness and trying to get [1:06:54] information about where we [1:06:54] stand. [1:06:55] I certainly agree with them all [1:06:56] about not just getting our [1:07:00] processes correct. [1:07:01] I think this is why the Office [1:07:01] of the City Auditor played such [1:07:02] an important role for us here [1:07:06] at the city because you're [1:07:07] hoping to unpeel layers of what [1:07:08] we MAY not be looking at from a [1:07:08] day to day process given [1:07:12] the amount of workload that a [1:07:13] department MAY have. [1:07:13] And I think Thank you, [1:07:14] Councilmember Campbell for just [1:07:14] simply pointing out how [1:07:18] tremendous that workload is. [1:07:19] And so I think for us this is [1:07:20] an opportunity to understand [1:07:24] where we've lost out as a city [1:07:25] on potential revenue and beyond [1:07:30] just the revenue as a dollar [1:07:30] figure. [1:07:31] I also think of the fact that [1:07:32] our our lessees are not all [1:07:36] just commercial businesses or [1:07:37] institutions that are running [1:07:38] different facilities. [1:07:38] Maybe a better question for you [1:07:43] or whoever knows the answer but [1:07:44] up to 31 leases that we have in [1:07:44] Mission Bay I assume at least a [1:07:48] number of those are nonprofit [1:07:48] organizations that are [1:07:49] operating facilities that are [1:07:49] serving the public that [1:07:53] the city would otherwise not be [1:07:53] able to do. [1:07:54] Do we have a sense of what it [1:07:55] looks like? [1:07:59] I don't have the list in front [1:08:00] of me but it would be accurate [1:08:01] that there would be a [1:08:01] combination of nonprofit and [1:08:06] for profit and I presume that [1:08:06] some of those are also in [1:08:07] holdover status. [1:08:07] And so I think when when we [1:08:11] point out that the holdovers [1:08:12] are not just impacting our [1:08:13] opportunities to adjust leases [1:08:17] to match up that there are also [1:08:18] organizations, entities that [1:08:18] are operating facilities where [1:08:23] the holder of status means that [1:08:24] they're not putting anything [1:08:25] into those facilities And that [1:08:25] is frankly at the end the day a [1:08:29] lost opportunity for the public [1:08:30] if any of them have been in [1:08:31] long hold of status Typically [1:08:35] with each of these lease [1:08:36] updates this council will see [1:08:36] them as an opportunity for [1:08:37] the city to also require [1:08:40] capital investment in some of [1:08:41] these facilities that would [1:08:41] again serve the public [1:08:42] the longer term sort of [1:08:46] agreements with organizations [1:08:46] allow them to execute financial [1:08:47] agreements that would allow [1:08:52] them to meet capital [1:08:52] commitments of or collect from [1:08:53] private dollars. [1:08:54] That is an impact that MAY not [1:08:58] be a direct fiscal impact of [1:08:59] the city but actually has a [1:09:04] direct correlation to what [1:09:05] the public benefits from. [1:09:05] And so to me I see this not [1:09:06] just the discussion of how can [1:09:10] the city get more revenue, it's [1:09:10] also thinking about how do we [1:09:11] adequately serve the public [1:09:15] with the resources that we've [1:09:16] got knowing that the land and [1:09:17] the organizations that are [1:09:22] running programs from that also [1:09:23] have an impact on that front. [1:09:24] So that is only a thing I would [1:09:24] add to the discussion that [1:09:27] we've had and look forward to [1:09:28] perhaps some further [1:09:28] discussions on how we evaluate [1:09:33] leases across them the city. [1:09:34] So I think that concludes our [1:09:34] speakers for this item. [1:09:35] Again it was an informational [1:09:39] items in the motion was [1:09:39] unnecessary. [1:09:40] >> With that we'll turn clerk [1:09:43] to item two one item 2a1 is [1:09:44] the 2025 annual report on [1:09:48] internal financial control. [1:09:49] If you'd like to speak on this [1:09:50] item please be sure to submit [1:09:50] your speaker. [1:09:51] So if this is also an [1:09:55] informational item you can [1:09:56] submit your speakership by [1:09:57] submitting it to the clear box [1:09:58] at the front of the room or if [1:10:01] you are participating remotely [1:10:01] now's the time to raise your [1:10:02] hand by pressing Star nine or [1:10:03] the raise your hand icon. [1:10:03] Thank you Council PRESIDENT [1:10:06] Adam Thank you. [1:10:07] We'll turn it over to the team [1:10:10] once we're ready If you'll [1:10:11] introduce yourselves for [1:10:21] the record and most optionally [1:10:22] good afternoon Council [1:10:28] PRESIDENT Pro Tem Lee and [1:10:29] council members I'm Ben Italian [1:10:29] director of finance. [1:10:30] With me today is Jeff Peel, [1:10:33] chief accountant in [1:10:34] the Department of Finance. [1:10:35] Today we're here to present [1:10:39] the city's annual report on [1:10:40] internal financial controls for [1:10:40] calendar year 2025 And today [1:10:43] I'll need about ten minutes. [1:10:44] The final report is issued [1:10:45] pursuant to the city's [1:10:49] municipal code which was [1:10:50] amended by the City Council in [1:10:50] 2004. [1:10:55] It requires a high standard of [1:10:56] quality in and efficacy of [1:10:56] the city's financial reporting [1:11:00] and disclosure practices. [1:11:01] The municipal code requires [1:11:01] that management perform an [1:11:06] annual evaluation of the city's [1:11:07] internal financial controls [1:11:07] submit a written annual report [1:11:08] to the audit committee and [1:11:12] the City Council and submit a [1:11:13] certification by city [1:11:13] management regarding [1:11:14] the design, maintenance and [1:11:18] effectiveness of the city's [1:11:19] internal financial controls. [1:11:19] I'll now turn it over to Jeff [1:11:24] to discuss the highlights of [1:11:24] the report. [1:11:25] >> The focus of this report is [1:11:26] to provide an overview of [1:11:26] management's approach to [1:11:30] developing a maintaining a [1:11:31] strong and effective system of [1:11:31] internal controls over [1:11:32] financial reporting and to [1:11:35] highlight some of [1:11:36] the accomplishments of the past [1:11:37] year that support those [1:11:37] objectives. [1:11:38] The objectives of the financial [1:11:41] reporting are to produce [1:11:41] financial information that is [1:11:42] reliable, relevant and timely. [1:11:43] Management's ability to meet [1:11:47] these objectives depends in [1:11:47] part on the design and [1:11:48] effectiveness of the processes, [1:11:49] policies and procedures and [1:11:53] safeguards it has in place to [1:11:53] reduce or mitigate risks over [1:11:54] financial reporting. [1:11:54] >> Internal controls are [1:11:58] important because without such [1:11:59] controls it would be [1:12:00] challenging to prepare reliable [1:12:00] financial reports that utilized [1:12:04] to be utilized by management [1:12:05] investors, rating agencies and [1:12:06] other interested parties. [1:12:10] The city's internal control [1:12:10] program is based on the best [1:12:11] practices established by coso [1:12:12] Kosovo's The committee of [1:12:16] sponsoring Organizations of [1:12:17] the Treadway Commission because [1:12:17] it was developed a conceptual [1:12:18] framework to guide businesses [1:12:22] and government entities in [1:12:22] areas of risk management, [1:12:23] internal controls and fraud [1:12:23] deterrence. [1:12:26] The framework includes five [1:12:27] interrelated components control [1:12:28] environment risk assessment [1:12:32] control activities, information [1:12:33] and communication and [1:12:34] monitoring activities within [1:12:34] each of the components. [1:12:37] Another layer of 17 principles [1:12:38] helps guide as well. [1:12:41] I will describe each one of [1:12:42] the components briefly. [1:12:42] Control environment is [1:12:43] the organizational attitude [1:12:47] toward internal controls. [1:12:47] It starts with the tone at [1:12:48] the top. [1:12:48] Management creates an [1:12:49] environment where everyone in [1:12:50] the organization believes [1:12:53] internal controls are important [1:12:53] and each person has a role. [1:12:54] Secondly is risk assessment [1:12:58] which is how management [1:12:59] identifies, assesses evaluates [1:12:59] and manages the amount of risk. [1:13:03] And it's always important to [1:13:04] note that risk can never be [1:13:04] completely eliminated. [1:13:05] Thirdly is control activities. [1:13:08] These are the policies and [1:13:09] procedures that help ensure [1:13:10] management's objectives are [1:13:10] carried out and the necessary [1:13:14] actions are taken to address [1:13:14] risks. [1:13:15] This includes segregation of [1:13:16] duties, reviews and approvals [1:13:19] within the processes. [1:13:20] The fourth component is [1:13:20] information and communication. [1:13:21] This is the distribution of [1:13:25] information needed to perform [1:13:25] control activities and to [1:13:26] understand internal control [1:13:27] responsibilities throughout [1:13:27] the organization. [1:13:30] And the last component is [1:13:31] monitoring activities which is [1:13:35] the evaluation of each of [1:13:35] the other four components to [1:13:36] ensure that they are [1:13:36] functioning effectively and [1:13:40] organizational objectives are [1:13:40] being met. [1:13:41] The Department of Finance used [1:13:42] a management assessment [1:13:42] template to help assess [1:13:46] the effectiveness of the city's [1:13:46] system of internal financial [1:13:47] controls as it relates to [1:13:50] the five components and 17 [1:13:50] principles of the coso [1:13:51] framework. [1:13:51] This tool helps management to [1:13:52] analyze and provide [1:13:55] the structure of this report. [1:13:56] The assessment can be found in [1:13:56] Attachment one. [1:13:57] I want to highlight a few [1:14:01] highlights from that from [1:14:01] the report. [1:14:02] First, the city received a [1:14:05] clean audit opinion for [1:14:06] the fiscal year 2025 annual [1:14:06] Comprehensive Financial Report [1:14:07] with no significant [1:14:10] deficiencies and no material [1:14:11] weaknesses in internal [1:14:11] controls. [1:14:12] Next the city received a [1:14:16] certificate of Achievement for [1:14:17] Excellence in financial [1:14:18] reporting from the Government [1:14:18] Finance Officers Association [1:14:21] gfa. [1:14:22] This is the 11th consecutive [1:14:23] year that the city has received [1:14:23] this award. [1:14:27] The city also received [1:14:27] the Budget Presentation Award [1:14:28] from g f a way for the fy 25 [1:14:32] adopted budget and the budget [1:14:32] Excellence Award from [1:14:33] the California Society of [1:14:34] Municipalities Finance Officers [1:14:38] csf and more for the f y 2425 [1:14:42] Capital and operating budgets. [1:14:43] >> In last year's internal [1:14:44] Financial controls report a [1:14:44] risk was identified for [1:14:48] the revenue Compliance program [1:14:48] . [1:14:49] As you recall, the program [1:14:49] identified opportunities for [1:14:50] enhanced internal controls over [1:14:53] and over economic development [1:14:54] departments, real estate [1:14:54] divisions, invoicing and [1:14:59] payment processing as well as [1:14:59] the lease audit management. [1:15:00] We wanted to provide a brief [1:15:01] update on addressing that risk. [1:15:05] The moratorium usually agreed [1:15:05] upon by economic development [1:15:06] and the City Treasurer for [1:15:09] lease audits concluded in APRIL [1:15:10] of 2025. [1:15:10] The revenue compliance has [1:15:15] since return resumed audit [1:15:16] auditing of leases which has [1:15:16] now allowed City Treasurer to [1:15:17] work in tandem with [1:15:21] the economic Development [1:15:21] Department to maintain strong [1:15:22] internal controls and ensure [1:15:23] that there are any potential [1:15:26] risk are identified and [1:15:26] mitigated. [1:15:27] The Economic Development [1:15:30] Department has also formalized [1:15:31] internal processes and [1:15:32] significant processes have [1:15:32] the need to address [1:15:33] the backlog. [1:15:36] The Department has continued to [1:15:37] make improvements to ensure [1:15:37] revenue is accurately captured [1:15:41] and reported in compliance with [1:15:42] the current city policy and [1:15:43] documented internal processes. [1:15:43] The Economic Development [1:15:47] Department is also upgrading [1:15:47] its aging software system. [1:15:48] Technology enhancements are [1:15:51] intended to reduce human [1:15:52] errors, automate workflows and [1:15:53] provide visibility into these [1:15:53] compliance. [1:15:57] We also wanted to provide a [1:15:58] brief update on a couple [1:15:58] outstanding audit items related [1:16:02] to the Human Capital Management [1:16:02] . [1:16:03] One is the uncompetitive [1:16:03] compensation which is being [1:16:04] resolved with the total [1:16:07] compensation strategy. [1:16:08] The other is improving [1:16:08] the employee performance [1:16:09] process which is also being [1:16:12] addressed with a series of [1:16:13] implementations focused on [1:16:14] trends and completion rates. [1:16:17] The Human Resources Department [1:16:18] and personnel department are [1:16:19] working with the city Auditor [1:16:19] to close these recommendations [1:16:22] based on our evaluation we have [1:16:23] concluded that the internal [1:16:24] financial controls are [1:16:24] effective. [1:16:27] That concludes our presentation [1:16:28] and we are happy to answer any [1:16:29] questions. [1:16:29] >> Thank you. [1:16:33] Do we have any public comment [1:16:34] relative to the Common Hearing [1:16:35] Council chambers We have [1:16:35] several people with their hands [1:16:36] raised. [1:16:39] Starting with Katherine Rhodes [1:16:39] you have four people. [1:16:40] If you can please unmute. [1:16:42] I've started the five minute [1:16:42] timer. [1:16:42] >> Wonderful. [1:16:46] First you know everything you [1:16:47] have here and your five [1:16:51] components of internal controls [1:16:51] . [1:16:52] They weren't done for [1:16:54] the mission Bay Park So [1:16:55] the item 200 that you just had [1:17:00] you know the risk assessment of [1:17:01] of of knowing you know which [1:17:05] leases are not outstanding. [1:17:06] I mean every single one of [1:17:10] these components of your of [1:17:11] your you know, internal [1:17:16] financial controls wasn't being [1:17:16] met. [1:17:20] So you know so the mayor's [1:17:21] basically saying we're doing [1:17:21] everything great. [1:17:26] They're not the city council is [1:17:26] it? [1:17:30] It's not a strong city council [1:17:31] . [1:17:32] You guys really do need to put [1:17:36] forward a ballot proposition so [1:17:36] that we can have a strong city [1:17:41] council to counter the strong [1:17:41] mayor right now because he's [1:17:42] doing everything he just wants [1:17:47] and then he's coming to you in [1:17:47] this report here telling you [1:17:51] everything's fine. [1:17:52] Don't worry about it. [1:17:52] We've got your back. [1:17:53] They don't have your back. [1:17:56] They don't have the public's [1:17:57] back. [1:17:57] You know, How about [1:18:01] the internal controls over [1:18:02] the budget coming up? [1:18:02] You know there was a [1:18:04] Union-Tribune article today [1:18:10] that says that you know there's [1:18:10] I forgot the 400 and something [1:18:11] percent increase in the amount [1:18:15] of middle managers that came [1:18:15] about And all these middle [1:18:20] managers started coming about [1:18:21] in in 2013 when Todd Gloria was [1:18:25] the mayor and he want to get [1:18:26] around the five year [1:18:26] pensionable pay freeze and [1:18:29] the way to get around that is [1:18:30] to make people be nonunion [1:18:34] members and become middle [1:18:35] managers And then they're paid [1:18:35] sometimes doubled, sometimes [1:18:36] tripled. [1:18:40] I don't see you have controls [1:18:40] And then of course I always [1:18:44] have my big problem with [1:18:44] the with the fund balance that [1:18:45] you don't have all the fund [1:18:49] balances you're included next [1:18:50] to the original if you can [1:18:53] please unmute after that will [1:18:54] be 8700 and I mean obviously I [1:18:55] don't and you guys have an item [1:18:58] prior to this that shows that [1:18:58] this is not working as [1:18:59] Katherine was pointing out and [1:19:03] it's like I don't understand [1:19:04] how you could be getting awards [1:19:07] for this when just the item [1:19:08] before showing that for years [1:19:11] nearly a decade there has been [1:19:12] issues that this internal [1:19:13] controls didn't catch didn't do [1:19:18] anything about. [1:19:18] I mean it constantly there are [1:19:19] issues showing [1:19:22] the mismanagement, fraud, waste [1:19:23] and abuse that it's taking [1:19:23] place in the city. [1:19:24] So for you guys to sit here and [1:19:27] give a presentation like this [1:19:28] as though you know, this is [1:19:32] working really well obviously [1:19:32] it is not from the prior item. [1:19:37] I don't know if you guys don't [1:19:37] think about those things or if [1:19:38] you're kind of just like [1:19:39] throwing it in our face to be [1:19:42] like Oh yeah, everything is [1:19:42] fine. [1:19:43] Just don't pay attention to [1:19:44] the prior item that we had in [1:19:46] question How the internal [1:19:47] controls were working there and [1:19:48] why they didn't stop these [1:19:51] things for years Like it's for [1:19:52] years this has been going on [1:19:53] and for years you guys have [1:19:56] been in debt and mismanaging [1:20:01] the money So it's like weird [1:20:01] that you can sit here and bring [1:20:02] forward an item and act like [1:20:03] your internal controls are [1:20:05] working Really well. [1:20:06] Are they working well to hide [1:20:06] that stuff? [1:20:10] Because if that's the case then [1:20:11] sure yeah they're working [1:20:11] extremely well because they're [1:20:12] making sure that you know [1:20:16] business as usual goes on with [1:20:16] the you know, intentional [1:20:21] willful negligence and and [1:20:22] mismanagement of the people's [1:20:26] money who work very, very hard. [1:20:27] So it is a slap in the face to [1:20:30] sit here and tell that [1:20:31] everything is going well when [1:20:32] you just proved prior to this [1:20:35] that it wasn't And so I think [1:20:36] you need to rethink the way [1:20:36] that you're presenting this [1:20:39] item and not claim that it [1:20:40] works really well and you know, [1:20:41] be all excited because you're [1:20:45] getting awards because [1:20:45] the people you're probably [1:20:46] getting awards from are people [1:20:47] that are also hiding things and [1:20:50] just wanting to make it seem [1:20:50] like things are hunky dory when [1:20:55] in fact they aren't But [1:20:55] everything is inverted and so [1:20:56] we get an inversion inverted. [1:20:59] Martino has concluded Next is [1:21:00] 8700 After that will be Blair [1:21:07] Beekman 8700 star six To unmute [1:21:10] Joy Sonata pd three from [1:21:15] the staff report rather [1:21:15] the controls are intended to [1:21:20] mitigate the risks of financial [1:21:21] reporting errors to a level [1:21:25] that is acceptable based on [1:21:30] conditions of materiality and [1:21:30] to quote I study materiality in [1:21:34] this context and believe me I [1:21:39] was not reassured in any way [1:21:44] Also expenditure errors [1:21:45] appeared to be in compliance [1:21:49] Look up the word appeared in [1:21:50] this context I was not [1:21:54] reassured I am leaning on this [1:21:59] in this way That risk is more [1:22:03] discretionary and subjective [1:22:04] And I'm sorry to have to say [1:22:05] that because I love our [1:22:05] Department of Finance. [1:22:08] They know that and the people [1:22:09] that are in there they're great [1:22:10] people But something's wrong [1:22:13] here. [1:22:14] Do you see what is calling to [1:22:14] us? [1:22:18] It's a red flag of opportunity. [1:22:26] Let us be except what happens [1:22:27] if you look at it Go with an [1:22:27] Eagles. [1:22:31] I let us seize the opportunity [1:22:36] to change to grow and to become [1:22:36] a better city for all. [1:22:40] When are we going to truly [1:22:40] truly be willing to have [1:22:45] the courage and the greatness [1:22:45] to do that step? [1:22:46] We're not there yet but let's [1:22:50] try to do it together. [1:22:51] >> Look to all Thank you. [1:22:52] Next is Blair Beckman If you [1:22:55] can please unmute The five [1:22:56] minute timer also concluded [1:22:57] that there were four speakers [1:23:00] in the queue No additional [1:23:01] speakers will be taken. [1:23:02] >> Blair Beckman After that is [1:23:05] Kathleen Lippert. [1:23:06] All right, thank you. [1:23:06] Beakman Thanks for this item. [1:23:08] Thanks for the public comment [1:23:09] on this item. [1:23:14] I feel similar really nice work [1:23:14] on the previous item. [1:23:18] I think everyone is involved on [1:23:19] the previous item and I think [1:23:20] it relates to what you're [1:23:23] talking about overall for this [1:23:23] item Overall accounting and [1:23:28] auditing issues for our city [1:23:28] concerns. [1:23:33] So a good history was presented [1:23:34] on previous problems and what [1:23:34] we need to do to address this [1:23:38] is issues that stem far back [1:23:39] before Mayor Gloria. [1:23:43] We I good luck that we really [1:23:44] can be addressing the previous [1:23:47] item and how it relates to this [1:23:48] item and I think we really can [1:23:49] do it as a city These are [1:23:52] the one of the projects that we [1:23:52] work as a community at this [1:23:53] time So I hope we don't get [1:23:56] caught up in you know people [1:23:57] get lost in the process and we [1:24:01] really develop something really [1:24:02] good with this going on for [1:24:03] good ideas. [1:24:06] Good luck with that and for for [1:24:07] this type of thing, you know, I [1:24:11] think we still have to [1:24:12] acknowledge that we made [1:24:15] mistakes in 2024. [1:24:15] I mean why did that happen? [1:24:16] At least we're holding [1:24:19] ourselves accountable now. [1:24:23] But what did we do wrong in [1:24:23] 2024? [1:24:24] And as much as I think [1:24:25] the mayor's office and I had a [1:24:28] part in bringing this to [1:24:28] accountability at this time, i [1:24:33] think it suggests the overall [1:24:33] idea that, you know, council [1:24:34] has been asking how do we [1:24:38] create a better set of [1:24:39] governance at this time There's [1:24:42] something lacking in our [1:24:43] governance policies that [1:24:43] the strong mayor position is is [1:24:48] is it lacks something in [1:24:48] creating a better governance. [1:24:52] I really hope and the strong [1:24:52] mayor position because learn to [1:24:53] take suggestions from our [1:24:57] current city council on what [1:24:58] can be better organizational [1:24:58] practices and better governance [1:25:02] practices and learn to be [1:25:03] flexible in that thinking And I [1:25:08] hope that can develop our [1:25:09] future plan has concluded. [1:25:12] >> Kathleen Lippert, if you can [1:25:13] please join me after that is [1:25:16] Judy Strang. [1:25:16] Kathleen, I can hear me before [1:25:21] you if it takes a minute to [1:25:21] find the unmute button. [1:25:25] >> Thank you. [1:25:26] >> My name is Kathleen Letter [1:25:27] in Good afternoon. [1:25:30] The public is really served so [1:25:31] well by individuals such as [1:25:31] Katherine Rhodes in order for [1:25:36] their candor I am also confused [1:25:37] as to why the city receives so [1:25:40] many accolades for audits when [1:25:45] they are clearly in deficit [1:25:45] when they clearly are sending [1:25:46] there they are doing fit [1:25:49] fiscally in responsible things [1:25:50] like spending out all of their [1:25:54] reserves, finding everywhere to [1:25:55] look under overturning every [1:25:59] rock to find taxpayer money, [1:26:00] not taking the money out of [1:26:05] the city budget card San Diego [1:26:05] has the worst fiscal health of [1:26:09] any city in the county. [1:26:09] That's hardly something to brag [1:26:14] about and they while serving in [1:26:15] the California Senate and one [1:26:15] of the senators decided to [1:26:19] prepare a fiscal ranking of [1:26:19] the cities when cities are [1:26:23] delinquent paying real property [1:26:24] tax I'm sorry when taxpayers [1:26:28] are delinquent in paying real [1:26:29] property tax on their homes [1:26:30] Even one day the county [1:26:34] treasurer taxes them a 10% [1:26:34] penalty of the amount that [1:26:35] they're due. [1:26:39] So why the Sacramento allow [1:26:39] cities to be so complacent in [1:26:43] their fiscal reporting [1:26:44] responsibilities? [1:26:44] Having due dates and penalties [1:26:48] should at least be a two way [1:26:48] street. [1:26:53] Also the city is not served by [1:26:54] one party or the other having a [1:26:58] total say without having [1:26:59] alternative opinions because [1:27:03] clearly you all need to get out [1:27:04] of your echo chambers and [1:27:08] listen to alternative opinions [1:27:08] which typically prove to have [1:27:12] some merit. [1:27:13] The last thing is strong public [1:27:13] employee unions tend to [1:27:18] influence the outcome of who is [1:27:18] elected to the city councils [1:27:19] and when they control who [1:27:22] becomes their bosses they tend [1:27:23] to get a little greedy as time [1:27:27] has concluded to a string. [1:27:32] Good afternoon San Diego City [1:27:36] Council I just have kind of an [1:27:37] a comment or an observation [1:27:41] that I've been making because I [1:27:42] think everyone on city council [1:27:46] has some of the same concern [1:27:47] about receiving the revenue [1:27:51] that we need and what are [1:27:51] the internal financial controls [1:27:52] that can make that happen. [1:27:56] But I noticed on the last item [1:27:57] that my own city council person [1:28:01] Joe LaCava was missing and we [1:28:01] were talking about Mission Bay [1:28:06] and it made me wonder about all [1:28:07] the city council people Are [1:28:07] they missing in action? [1:28:11] Do you know in your city [1:28:12] council district which are [1:28:12] the city leased public [1:28:15] properties? [1:28:16] Do you know what's been going [1:28:17] on and have those leases been [1:28:20] negotiated And recently do you [1:28:21] know what sort of loss of [1:28:25] funding has happened because of [1:28:26] those leases not being [1:28:26] negotiated? [1:28:30] Are you aware that they might [1:28:35] be presenting the visual [1:28:36] the optic if you will, of [1:28:39] preferential treatment Because [1:28:40] perhaps that's the problem is [1:28:44] that you all don't have a good [1:28:45] handle on who it is within your [1:28:49] city council district that hold [1:28:50] leases of public property And [1:28:54] we in the public of course very [1:28:55] difficult for us to understand [1:28:59] who in our neighborhoods might [1:29:00] want public land in our [1:29:01] neighborhoods might be under [1:29:05] lease And so hard for us to [1:29:06] know whether we're receiving [1:29:09] the funding we need. [1:29:10] So maybe the buck doesn't stop [1:29:10] at the mayor's office. [1:29:14] Maybe the buck doesn't stop [1:29:15] with middle management. [1:29:15] Maybe it stops at the city [1:29:19] council or at least it's [1:29:20] something for us all to [1:29:20] consider And this is our [1:29:23] opportunity that this report is [1:29:24] providing us to take a look at [1:29:28] our our own 90 our own nine [1:29:29] city council districts and ask [1:29:29] ourselves if we've got a good [1:29:33] handle on it. [1:29:33] >> Thank you. [1:29:34] Thank you. [1:29:34] Next And our final speaker is [1:29:40] Tony, if you can please unmute [1:29:40] . [1:29:41] Yes, Hello City Council. [1:29:41] Good afternoon. [1:29:45] I just wanted to speak and [1:29:45] comment on the this audit issue [1:29:46] that's going on with these [1:29:49] parks right now, these issues [1:29:50] that we're having being under [1:29:53] budget on the whole about $120 [1:29:54] million And I wanted to speak [1:29:58] to an issue that Bob Kaye has [1:29:59] been coming to city council for [1:30:01] for the last 20 years. [1:30:02] He's been talking about how in [1:30:06] Joe the Culver's district, [1:30:07] the La Hoya Glider Port Park is [1:30:11] getting away with paying off. [1:30:14] I think it's only 5000 or [1:30:14] $10,000 a year is what their [1:30:15] leases and they're making [1:30:18] millions of dollars off of a [1:30:19] public park and they're paying [1:30:23] a super tiny minimal lease that [1:30:24] they've been locked into for [1:30:24] the last 20 years And it's [1:30:25] really depressing. [1:30:28] I go to city council chambers [1:30:29] and Bob tells me that he's been [1:30:32] raising this issue for over 20 [1:30:33] years and I was there in person [1:30:33] when he asked you all to play [1:30:36] the video of him speaking [1:30:37] before this city council and [1:30:38] bringing this issue to the city [1:30:42] council's attention back then. [1:30:43] This was back in 2006 and he [1:30:43] played this video in front of [1:30:47] you And still I'm not seeing a [1:30:48] single one of you taking this [1:30:48] issue by the reins and [1:30:52] investigating this issue. [1:30:53] It's really depressing as [1:30:53] somebody that tries to weigh in [1:30:56] and tries to make a difference [1:30:57] in city council understanding [1:30:57] that y'all are supposedly [1:31:01] listening to our inputs and our [1:31:02] opinions and y'all are supposed [1:31:03] to take what we say seriously [1:31:06] and then I see somebody who's [1:31:07] been working on this same issue [1:31:07] of corruption of the city not [1:31:11] getting paid its its due fair [1:31:12] share for a park that it [1:31:16] publicly owns And he's been [1:31:17] raising the alarm on this issue [1:31:18] for over 20 years and it still [1:31:21] hasn't been addressed. [1:31:22] It's like if this issue doesn't [1:31:22] get addressed, how many other [1:31:26] issues you know get swept under [1:31:27] the rug that people have to [1:31:30] continue fighting for and [1:31:31] coming to city council meetings [1:31:31] for? [1:31:32] It's not an easy thing to do to [1:31:36] clock out of work to go to city [1:31:36] council in person. [1:31:39] I've gotten four parking [1:31:39] tickets in the last five months [1:31:40] from my involvement in these [1:31:44] city Council meetings and still [1:31:44] these issues aren't being [1:31:45] addressed. [1:31:46] >> So your time has concluded [1:31:48] and that does conclude public [1:31:49] comment on item 2a1 Thank you [1:31:50] Council PRESIDENT Pro Tem Thank [1:31:54] you. [1:31:54] Thank you for the presentation [1:31:55] and see no other comments. [1:31:59] Well I'll turn first to [1:31:59] COUNCILMAN Realer Rivera Thank [1:32:02] you council PRESIDENT Pro tem I [1:32:05] just want to say thank you for [1:32:10] the report here the public [1:32:15] comment here I was very [1:32:15] predictable. [1:32:16] >> I spoke with my team about [1:32:19] this last week when we were [1:32:20] going through the agenda and it [1:32:25] completely understand why in a [1:32:25] moment like this one where [1:32:29] we're going through the budget [1:32:30] challenges we are that this [1:32:34] conversation can feel detached [1:32:35] from reality But it's also it's [1:32:39] a technical response to a [1:32:40] technical question And I just [1:32:43] want to kind of ask for you all [1:32:48] to reiterate that the report [1:32:49] out that we heard is not a [1:32:53] declaration that everything is [1:32:54] being done perfectly or that [1:32:58] every decision it's been made [1:32:59] has been ideal but instead a [1:33:03] answer to the question as to [1:33:03] whether or not specific [1:33:07] internal financial controls are [1:33:08] in place and best practices are [1:33:08] being adhered to. [1:33:13] It is that correct? [1:33:13] >> That is that is correct. [1:33:18] Council member Sheila Rivera [1:33:18] intent of the report is to [1:33:22] basically say do we have a [1:33:23] strong enough system control to [1:33:23] be able to produce financial [1:33:27] statements that are reliable [1:33:28] that that investors can look at [1:33:28] and are properly following [1:33:32] the accounting standards and [1:33:32] the rules of accounting that [1:33:33] the auditor goes through and [1:33:37] verifies that that's the that [1:33:38] there is still of course [1:33:38] there's materiality It's never [1:33:42] perfection will never be [1:33:42] the goal because to get a [1:33:43] perfect financial statements [1:33:46] would be extremely expensive. [1:33:47] But is it materially accurate [1:33:47] enough? [1:33:52] Do we have a strong system of [1:33:52] internal controls that that's [1:33:53] really the question to [1:33:53] answering. [1:33:53] >> Okay. [1:33:56] I I appreciate that and I'm [1:34:01] glad that we're doing things in [1:34:06] such a way that ensures that [1:34:07] investors see us in the way [1:34:08] that you just mentioned and [1:34:08] that we're doing the things [1:34:11] that we need to be that need to [1:34:11] be done on that front. [1:34:12] And at the same time I just [1:34:13] think it's important to [1:34:13] acknowledge that just because [1:34:16] we are saying that we are we [1:34:17] are checking those boxes and I [1:34:21] don't mean that in a in a [1:34:22] flippant way but again in a [1:34:25] technical way just because [1:34:25] we're checking checking those [1:34:26] boxes does mean that we think [1:34:29] that everything's perfect and [1:34:30] we don't need to do things [1:34:31] differently when it comes to [1:34:34] the city's finances and we have [1:34:35] different opinions as to [1:34:35] the best way to do that. [1:34:38] But again, I want to say thank [1:34:39] you And then I just wanted to [1:34:43] kind of acknowledge disconnect [1:34:44] here between having a [1:34:45] conversation where we say we're [1:34:49] we're doing things right and [1:34:50] then two days from now we're [1:34:51] going to be presented with a [1:34:51] budget. [1:34:54] It's going to be telling us all [1:34:54] the ways that things aren't [1:34:58] okay And and while that can [1:34:59] feel incongruent in this [1:35:02] instance, it's just because [1:35:02] we're answering kind of two [1:35:03] different questions. [1:35:03] >> Thank you. [1:35:07] Council PRESIDENT Pro Tem. [1:35:07] Thank you. [1:35:08] Next up is council member [1:35:12] Yvonne Wilbert from Thank you [1:35:13] And thank you Councilor Rivera [1:35:14] because I was going to make [1:35:17] the same comment about how we [1:35:17] saw that earlier item that [1:35:18] we're not collecting revenue [1:35:21] from leases that we should be [1:35:22] and now we're going to say [1:35:23] we're doing a good job with [1:35:27] financial controls but it's I [1:35:27] understand it's a very [1:35:28] technical question. [1:35:28] I mean I've also been very [1:35:31] upset by the lack of city [1:35:32] staff's ability to conform to [1:35:36] budgeted contracting items and [1:35:36] allowing contracts to expire [1:35:37] And we're still spending money [1:35:41] that's not been authorized by [1:35:42] the city council And I know we [1:35:42] had an audit about it. [1:35:43] We're going to have an audit of [1:35:45] the herc rental contract which [1:35:46] is one of the ones that [1:35:46] spiraled out of control. [1:35:48] I am glad that we do have a new [1:35:49] improvements to Ariba and [1:35:54] contracting processes. [1:35:55] It's still it's it's really [1:35:58] hard for us to get our heads [1:35:59] around this when one of the big [1:35:59] biggest budget items we're [1:36:03] going to see next week or in [1:36:04] the few days is you know, [1:36:05] external contracts or outside [1:36:08] contracts with hundreds of [1:36:09] millions of dollars And it's [1:36:09] very hard for us to dig into [1:36:10] it. [1:36:11] And now that I'm seeing so many [1:36:13] contracts come through that are [1:36:14] overdue that are past due and [1:36:14] we're just expected to rubber [1:36:18] stamp them, it has made me very [1:36:19] frustrated. [1:36:19] And so something on on [1:36:20] the PowerPoint slide is that [1:36:23] highlights of c y 2025 revenue [1:36:23] compliance program process [1:36:27] improvement in system upgrades [1:36:28] Can you tell me more about what [1:36:31] those are? [1:36:32] I think it's Slide seven in [1:36:36] the PowerPoint. [1:36:37] I think that relates to [1:36:41] the deck economic development [1:36:46] the leases and we can have we [1:36:47] could have our liaison from [1:36:47] economic development speak to [1:36:52] that. [1:36:53] Thank you for the question [1:36:59] Councilmember Belmore Pert This [1:36:59] is the least system upgrade [1:37:00] that I spoke to on the previous [1:37:05] four item So we're currently in [1:37:06] version six for upgrading now [1:37:09] to version 11 and the more in [1:37:10] the process of doing an rfp for [1:37:12] a future system. [1:37:13] Okay. [1:37:18] And can I ask what is the plan [1:37:19] going forward to upgrade city [1:37:19] software? [1:37:22] I know that is a budget issue [1:37:23] but when I was first elected [1:37:27] the water department wasn't [1:37:28] billing residents for water and [1:37:29] I went over to Pudi and was [1:37:33] given a presentation of [1:37:33] the system. [1:37:34] They had to go through [1:37:34] the software system and it [1:37:37] honestly looked similar to what [1:37:38] I used the Oregon Trail as a [1:37:42] video game in middle school and [1:37:43] finally it has been upgraded [1:37:44] and they hired new staff who [1:37:47] understand how to do billing [1:37:48] and it's working and we're [1:37:48] getting more revenue into [1:37:49] the city. [1:37:51] But why is it that our economic [1:37:52] development department is still [1:37:57] using software from its 11 that [1:37:57] was six It could be you know, [1:37:58] ten, 15 years ago. [1:38:00] You know what is our internal [1:38:01] processes to make sure we're [1:38:02] updating software. [1:38:05] I know it comes at a cost but [1:38:06] do we have any kind of [1:38:06] management plan for this for [1:38:10] software for our city? [1:38:11] We we do. [1:38:11] Councilmember And there is a [1:38:15] strategic plan especially when [1:38:16] you have legacy systems like [1:38:16] the one that we're referring to [1:38:19] and where you can actually [1:38:20] cause vulnerabilities in terms [1:38:20] of cyber security and things [1:38:21] like that. [1:38:24] But absolutely this scenario [1:38:25] that I know the Christina [1:38:29] Biller had flagged for us a few [1:38:30] years back and we're moving [1:38:31] forward with the rfp for this [1:38:35] particular software in MAY Just [1:38:36] to redirect a little bit [1:38:38] the discussion here with this [1:38:39] particular report is the scope [1:38:40] is very narrow. [1:38:44] It's is about any time that we [1:38:44] are producing financial [1:38:48] information for external use [1:38:49] for example financial [1:38:50] statements, official statements [1:38:53] when we issue bonds. [1:38:54] So this is really something [1:38:54] that was added to the municipal [1:38:58] code after all the issues that [1:38:59] we saw in the early 2000 to [1:39:03] make sure that if there was an [1:39:04] issue in internal internal [1:39:04] controls for financial [1:39:05] reporting that we would be [1:39:08] presenting that to the city [1:39:09] council. [1:39:09] So we recognize that there are [1:39:12] issues operational issues in [1:39:13] other financial problems [1:39:14] throughout the city. [1:39:14] But the scope at least for this [1:39:18] particular report is is very [1:39:18] narrow. [1:39:19] It's that we are actually [1:39:23] reporting the fiscal condition [1:39:23] of the city to the investors. [1:39:27] But I understand that that's [1:39:28] why this is accurate this [1:39:28] statement. [1:39:32] But it is a sad state of [1:39:33] affairs that we do have to [1:39:34] report So things to the city [1:39:36] that they're not running so [1:39:36] well. [1:39:37] So but I do understand [1:39:38] the difference and thank you [1:39:42] for your work. [1:39:42] You guys are always keeping us [1:39:43] early. [1:39:44] I appreciate you know, Rolando, [1:39:46] since you've taken over you've [1:39:47] been completely accessible and [1:39:47] transparent. [1:39:48] I know the employee groups are [1:39:51] enjoying working with with you [1:39:51] as well. [1:39:52] So I know that you know [1:39:53] the Department of Finance is [1:39:56] not responsible for all [1:39:56] the operational needs of [1:39:57] the city and often you have to [1:39:58] and try and answer questions [1:40:01] about them when your job is [1:40:01] just to properly make sure [1:40:02] they're funded. [1:40:02] So I just I appreciate what you [1:40:03] do and thank you for continuing [1:40:09] to work with us. [1:40:09] Okay. [1:40:09] Thank you. [1:40:13] Seeing no other speakers that [1:40:14] will conclude this item. [1:40:14] Thank you for the presentation. [1:40:20] Once again as a reminder that [1:40:21] was an informational item only [1:40:22] so no motion was required. [1:40:26] We will now take up non agenda [1:40:26] public comment. [1:40:27] The council members respect and [1:40:28] appreciate the public's input [1:40:30] and are fully committed to [1:40:31] protecting every participant's [1:40:32] free speech rights at council [1:40:35] and committee meetings quickly [1:40:36] please proceed with public [1:40:36] comment. [1:40:37] >> Thank you. [1:40:37] Council PRESIDENT Pro Tem We do [1:40:41] have a couple of speakers here [1:40:41] in council chambers Pearl 2.7 [1:40:42] and Agenda Public comment is an [1:40:45] opportunity for members of [1:40:45] the public to comment on items [1:40:46] that are not on the agenda but [1:40:47] within the subject matter [1:40:50] jurisdiction of the city [1:40:50] Council. [1:40:51] Each speaker will have two [1:40:51] minutes. [1:40:52] Please note there are eight or [1:40:54] more speakers on a single topic [1:40:54] . [1:40:55] The maximum time for the topic [1:40:56] will be 16 minutes. [1:40:56] If you're in chambers please be [1:40:59] sure to submit your speaker [1:41:00] slip now or if you are joining [1:41:00] us virtually press the raise [1:41:04] your hand icon or star nine if [1:41:08] I can have Jabali Gutierrez [1:41:09] please come up to [1:41:17] the microphone after that out [1:41:17] Del Mastro and Alan Benson [1:41:19] Please come up to the first [1:41:19] row. [1:41:20] If I've already called your [1:41:22] name you should come up to [1:41:26] the first row Now. [1:41:27] >> Good afternoon. [1:41:28] My name is Julie Gutierrez. [1:41:31] Thank you. [1:41:32] Council PRESIDENT Council [1:41:32] members I am a resident of this [1:41:33] community. [1:41:36] I'm here today since we're [1:41:36] seeing in our downtown area [1:41:37] it's not just a policy issue. [1:41:41] It's a human one. [1:41:41] Every day more individuals are [1:41:42] living without stable shelter. [1:41:45] We see people sleeping on [1:41:46] sidewalks and doorways and in [1:41:50] places never meant for rest or [1:41:50] safety. [1:41:51] This is not because they chose [1:41:55] to live this way or it's just a [1:41:56] factor that's pushed them. [1:41:56] Many factors have pushed them [1:42:00] to live this way but also [1:42:00] there's not enough accessible [1:42:04] and adequate shelter options [1:42:05] available to them Long waitlist [1:42:09] and long waitlist and denied [1:42:10] requests remain common leaving [1:42:11] many individuals without [1:42:11] immediate help Despite a [1:42:15] population of about 1.4 million [1:42:15] residents, the 2025 point in [1:42:18] time count report in 9905 [1:42:19] people experiencing [1:42:20] homelessness county wide [1:42:27] including 5714 unsheltered 4191 [1:42:28] in shelters, according to [1:42:29] the University of San Diego, [1:42:31] which conducted a research as [1:42:32] of MAY of 2025 nearly 994% of [1:42:36] unhoused individuals seeking [1:42:37] shelter were denied primarily [1:42:38] due to lack of space. [1:42:41] This crisis also reaches [1:42:42] diverse groups such as seniors [1:42:42] families struggling to make [1:42:45] ends meet and students who [1:42:46] cannot find housing they can [1:42:50] afford the people we see [1:42:51] experiencing homelessness are [1:42:51] not statistics. [1:42:52] They are individuals with [1:42:55] families hard emotions and [1:42:56] human needs which is why I am [1:42:59] speaking about their dignity as [1:43:00] well. [1:43:00] The contrast is especially [1:43:01] striking in downtown San Diego [1:43:05] yet alongside this prosperity [1:43:05] is visible human suffering When [1:43:06] homelessness becomes just [1:43:10] another part of the scenery, [1:43:10] indifference takes root Which [1:43:14] is why I am asking and I'm also [1:43:15] bringing awareness to this [1:43:15] issue demands both urgent [1:43:18] action and long term solutions [1:43:19] grounded in empathy. [1:43:20] I urge the Council to expand [1:43:20] shelter capacity in [1:43:24] the downtown area, invest in [1:43:24] transitional housing and [1:43:25] partner with local [1:43:29] organizations. [1:43:33] >> Thank you Domestic Mastro [1:43:38] Hi, my name is Aldo Mastro and [1:43:38] ex blue collar worker. [1:43:39] I'm a disabled veteran. [1:43:43] I'm a senior and yes, I'm a [1:43:44] small mom and pop landlord. [1:43:47] I've been a landlord for over [1:43:48] 20 years. [1:43:49] I've destroyed my body through [1:43:52] my hard work and my service to [1:43:53] this country and the community. [1:43:54] I live in a five plex in [1:43:57] Claremont. [1:43:58] I never bought a house because [1:43:59] I wanted to be a responsible [1:44:02] senior. [1:44:02] This new law that the city [1:44:03] council is putting on [1:44:06] the ballot in JUNE is extremely [1:44:07] misleading. [1:44:07] I guess even a judge has made [1:44:12] them reworded it from a [1:44:12] vacation home to an empty home [1:44:16] law because how misleading that [1:44:17] was The true ugliness for me is [1:44:22] this law would pardon me if it [1:44:26] takes me longer to renovate an [1:44:29] apartment than six months or [1:44:33] 183 days I'm going to be fined [1:44:33] $8000 to $10,000. [1:44:38] The deal is 90% of all mom and [1:44:41] pop landlords are over the age [1:44:42] of 55 to 80. [1:44:43] So if one of us gets cancer or [1:44:47] wife dies or anything like that [1:44:47] happens, we're going to get a [1:44:48] fine on top of it. [1:44:52] This is about as ugly a law [1:44:52] that you guys are. [1:44:53] I know you guys aren't that bad [1:44:56] of people that would anybody [1:44:57] would put forth I think since [1:45:00] the judge even changed about it [1:45:01] the first time when I saw this [1:45:02] being presented was it was for [1:45:06] millionaires who own houses and [1:45:06] mansions and a lawyer But it [1:45:10] affect anybody that has an open [1:45:11] property no matter unless I go [1:45:11] into a nursing home. [1:45:16] If you read the details, if I [1:45:16] don't go into an immersion home [1:45:17] and I have a heart attack or my [1:45:19] spouse dies, I'm getting an 8 [1:45:20] or $10,000 fine on top of it [1:45:24] and margins are real slim with [1:45:25] us Now we still I my wife and I [1:45:26] both still have parents who are [1:45:29] alive and we still take care of [1:45:29] them. [1:45:34] And so this is this is a little [1:45:34] cruel. [1:45:35] >> I don't know if I should be [1:45:36] doing this to handicapped [1:45:39] people disabled. [1:45:39] That concludes your Thank you. [1:45:40] Thank you. [1:45:43] Dylan Benson Hello. [1:45:47] >> You can excuse the customs [1:45:48] and courtesies just talking [1:45:53] about some things today [1:45:53] Councilmember Ella Rivera your [1:45:54] super quick to talk about how [1:45:58] investors view us I think now [1:45:59] is the wrong time to like look [1:45:59] at those kind of things [1:46:02] especially when our huge [1:46:03] margins are just missing money [1:46:04] And then when we're looking at [1:46:07] like you guys are already [1:46:08] getting paid more than [1:46:12] congressman Congresswoman all [1:46:12] of you Todd Gloria is getting [1:46:17] you are actually And MISS [1:46:21] Campbell, when the people were [1:46:22] having the comments on agendas, [1:46:23] you got up and started clipping [1:46:23] your toenails behind You [1:46:26] haven't cared about what anyone [1:46:27] has said today. [1:46:28] I've watched you We're talking [1:46:31] about Councilmember Campbell. [1:46:32] You also said sometimes we need [1:46:35] to give things up to get other [1:46:36] things done. [1:46:36] Is that including your personal [1:46:37] salary which once again is more [1:46:40] than the congressmen and women [1:46:40] ? [1:46:41] Probably not. [1:46:41] So you guys will be hearing [1:46:42] from me. [1:46:45] We're talking about these money [1:46:46] problems. [1:46:46] It's long standing You guys [1:46:50] have been this money problem [1:46:50] for what, two decades now? [1:46:51] I'm not a big money guy but [1:46:52] I'll be coming back with more [1:46:55] facts next time and they'll be [1:46:56] customs and courtesies next [1:46:56] time. [1:47:00] But I just want to I appreciate [1:47:00] the time for letting me speak [1:47:01] today. [1:47:01] So thank you. [1:47:01] Thank you. [1:47:05] I started the five minute timer [1:47:06] going to those participating [1:47:06] remotely. [1:47:07] We currently have nine people [1:47:07] in the queue with their hands [1:47:10] raised starting with [1:47:10] the original. [1:47:14] If you can please unmute I love [1:47:15] when people come in and you [1:47:19] know really hold you guys [1:47:20] accountable because there's [1:47:21] more accolades a lot of times [1:47:21] and people are misled thinking [1:47:24] that what you guys are doing is [1:47:24] actually beneficial to their [1:47:25] lives. [1:47:25] But you know what Dylan was [1:47:28] saying It's like you guys get [1:47:29] paid exorbitant amounts of [1:47:30] money and you're never willing [1:47:33] to cut back on that but you're [1:47:34] willing to make cuts to [1:47:34] the people And it's sad because [1:47:38] there's so much fraud waste and [1:47:38] abuse. [1:47:39] And Shawn, as you guys are [1:47:40] sitting here trying to explain [1:47:42] away those last two items, I [1:47:42] don't think it's really fair [1:47:43] because it's like if you're in [1:47:47] terminal controls were working [1:47:48] then they would be working in [1:47:48] this kind of stuff wouldn't be [1:47:51] taking place. [1:47:52] But it's like I mean people [1:47:56] will come in as has been stated [1:47:56] before about you know from [1:47:57] the Glide report and talking [1:48:01] about that lease for 20 years. [1:48:02] >> So imagine how much money is [1:48:05] actually being lost due to [1:48:06] the you know, quid pro quo [1:48:11] that's going on here And these [1:48:11] people are, you know, [1:48:12] benefiting from making, you [1:48:15] know, millions of dollars off [1:48:16] of that site while the city [1:48:16] isn't. [1:48:17] So who's getting the kickbacks [1:48:20] for that Because it makes you [1:48:21] wonder like when things aren't [1:48:22] being addressed when it's [1:48:26] decades long issues and you [1:48:26] guys have this all the time [1:48:27] where it's like people will [1:48:30] come in and tell you they're [1:48:31] really egregious things that [1:48:32] are taking place that you guys [1:48:35] should be mitigating. [1:48:36] I mean it's even like Tent City [1:48:37] and we know that you know, if [1:48:37] Stephen Whitburn is friends [1:48:40] with Theresa Smith then [1:48:41] obviously you guys aren't going [1:48:42] to do anything about making [1:48:42] sure that the people in Tent [1:48:46] City are actually, you know, be [1:48:46] being provided the services [1:48:47] that they're supposed to that [1:48:50] they're getting into housing. [1:48:51] So it's like you guys sit here [1:48:51] and you virtue signal and you [1:48:55] gaslight the people as if we [1:48:56] can't see through what you're [1:48:56] doing And it's like and you [1:48:59] literally sit up there and act [1:49:00] like everything is fine when [1:49:01] time and time again it does all [1:49:04] you have to do is come to a [1:49:05] meeting and you can see that [1:49:05] things are and that you're [1:49:06] mismanaging money and that [1:49:08] there's missing money or that [1:49:09] money's going from here to [1:49:10] there and this project can't be [1:49:11] completed because of this or [1:49:11] we're not going to shut this [1:49:13] down because I'm getting [1:49:14] kickbacks from it. [1:49:14] It's very transparent what [1:49:19] you're going do you're doing [1:49:19] and that's the only thing [1:49:20] you're transparent about [1:49:21] everything else you're not Your [1:49:21] time has concluded Khaya if you [1:49:26] can please unmute. [1:49:31] Hello? [1:49:32] >> Yes we can hear me okay. [1:49:32] Hi. [1:49:33] Actually my name is Sue Taylor. [1:49:35] This is my daughter's computer. [1:49:36] i just wanted to talk about [1:49:40] some general information about [1:49:40] leases. [1:49:41] I did listen to the item on [1:49:46] the performance audit and I [1:49:46] wanted to know that as of [1:49:47] today. [1:49:47] Background I worked in the real [1:49:50] estate department for 41 years [1:49:51] and retired a couple of years [1:49:51] ago. [1:49:55] As of today there's 825 total [1:49:55] leases. [1:49:58] Of those 164 are at [1:49:58] the airports. [1:49:59] And of those a good portion of [1:50:03] those like over 100 are [1:50:03] probably airport Titan [1:50:04] agreements, airplane tie down [1:50:06] agreements which don't require [1:50:11] a whole lot of work. [1:50:11] And that leaves there's about [1:50:12] 60 that are where the city is a [1:50:13] lessee. [1:50:16] So that would be like your [1:50:17] office space buildings or it [1:50:17] could even be the bridge kiosks [1:50:20] And on and over the 15 things [1:50:21] like that. [1:50:24] So that leaves about 600 [1:50:24] agreements that would have to [1:50:28] be handled by those 13 people. [1:50:29] Then also regarding holdovers [1:50:33] in general, there's 180 [1:50:33] holdovers. [1:50:38] Probably the most egregious are [1:50:38] the samba school where there's [1:50:39] 22 of those. [1:50:40] Now the reason why I say that [1:50:43] is because, you know, a couple [1:50:43] of years ago there was a [1:50:44] program coordinator added just [1:50:47] to work on those leases But [1:50:48] that has not been done. [1:50:49] But a lot of the other [1:50:52] holdovers like Mission Bay [1:50:53] Yeah, there's 11 two of those [1:50:54] went out to rfp. [1:50:57] Those are the big ones. [1:50:58] Six of them are storage. [1:50:59] So they're like canoe storage [1:51:02] for the different rowing clubs [1:51:03] which bring in 200 to 300 a [1:51:03] month. [1:51:07] So those are permits like three [1:51:08] year permits to get renewed, [1:51:09] not major leases. [1:51:12] Two of our telecommunication [1:51:13] sites which do get yearly [1:51:13] increases even though they're [1:51:17] on hold over. [1:51:18] And one of them is the Boy [1:51:19] Scouts on Fiesta Island. [1:51:20] So whatever you guys want to do [1:51:22] with that, I just wanted to say [1:51:22] that sometimes the holdovers [1:51:23] are non-revenue and there's no [1:51:23] value there. [1:51:27] But the high value ones are [1:51:27] the ones that should be worked [1:51:28] on. [1:51:28] Thank you. [1:51:28] Thank you. [1:51:32] Next is Peggy Walker if you can [1:51:32] please. [1:51:32] >> On you. [1:51:33] Thank you. [1:51:36] Good afternoon. [1:51:37] I'm a public health [1:51:37] professional and if you are [1:51:41] people are a priority and they [1:51:42] should be. [1:51:42] I ask you to look at [1:51:45] the science and data to [1:51:46] consider real consequences of [1:51:46] adding more marijuana [1:51:50] businesses a c program [1:51:51] proffering more high potency [1:51:55] products will only increase [1:51:55] adverse health and economic [1:51:56] outcomes. [1:52:00] Economic downsides include [1:52:00] increased need for health care [1:52:01] treatment and access especially [1:52:05] for young people. [1:52:06] You know there's already a [1:52:07] problem when 40% of San Diego [1:52:10] County's marijuana related er [1:52:15] admissions are aged 12 to 17 [1:52:18] and those 15 to 24 have [1:52:19] the highest number of cannabis [1:52:23] related er visits of all ages. [1:52:24] You know there's a problem when [1:52:27] Rudy's Children's Hospital [1:52:28] reports 600 child admissions [1:52:28] for cannabis related treatment [1:52:32] last year and the county [1:52:36] predicts a 129% increase is in [1:52:37] use substance treatment needs [1:52:41] in the future. [1:52:41] Studies show teens living [1:52:42] within ten minutes of [1:52:46] dispensaries Those on Medicaid [1:52:46] and those from lower income [1:52:50] neighborhoods are more likely [1:52:51] to use marijuana and have [1:52:52] higher psychosis rates. [1:52:55] Ironically this worsens [1:52:56] existing mental health [1:53:00] inequities right and seats [1:53:01] target targeted communities. [1:53:05] Remember the pot industry's [1:53:06] business model is to keep [1:53:06] existing users dependent and to [1:53:10] hook future generations. [1:53:11] And no reparation or tax [1:53:15] revenue justifies the resulting [1:53:16] child poisonings Addiction [1:53:20] cannabis hyperemesis psychosis [1:53:21] drops out suicide dui injuries [1:53:25] or death. [1:53:26] Now a young person's future is [1:53:26] worth that tradeoff. [1:53:30] We don't need more marijuana [1:53:30] businesses. [1:53:31] We need drug free kids. [1:53:35] Thank you for listening. [1:53:36] Thank you. [1:53:36] Blair Beckman If you can please [1:53:39] unmute me. [1:53:40] >> All right. [1:53:40] Thank you. [1:53:44] Very. [1:53:45] Thanks for the meeting today. [1:53:49] It was an important meeting on [1:53:49] ideas of accountability. [1:53:50] We need it. [1:53:54] I like accountability ideas. [1:53:55] Good luck what we could be [1:53:55] doing. [1:53:58] i was councilperson LaCava was [1:53:58] here today. [1:53:59] Good luck How he can be [1:54:00] returning to upcoming city [1:54:02] council meetings. [1:54:03] Um I wanted to comment a thank [1:54:07] you from public comment today. [1:54:08] I'm also interested in the idea [1:54:12] that we continue dialog on not [1:54:13] just council but the mayor can [1:54:17] take a slight reduction in pay [1:54:18] and how that can be good faith [1:54:23] efforts and ideas to really [1:54:23] address the budget in [1:54:24] the future. [1:54:24] Good luck in really considering [1:54:25] that issue. [1:54:27] I think it's worth considering [1:54:27] . [1:54:28] I also wanted to comment at [1:54:32] this time you know I'm trying [1:54:33] my best to learn how to balance [1:54:33] that. [1:54:37] The fact that we're in a [1:54:38] current war in Iran and how [1:54:42] that connects to our lives here [1:54:43] at the local level do we have [1:54:46] to be in deep fear or do we [1:54:47] have to be in slight fear or I [1:54:51] mean unbelievably we don't seem [1:54:51] to have to be in fear. [1:54:52] Things seem to be in check. [1:54:53] I think GOD's really lucky on [1:54:59] our end. [1:54:59] >> What are we doing? [1:55:00] I hope we can be continuing to [1:55:04] address important matters from [1:55:04] that and that you know in [1:55:08] noting how things are going [1:55:09] around the world we we then can [1:55:12] balance best practices and best [1:55:13] ideals And when we do that [1:55:14] stuff here I keep saying at [1:55:18] the local level openly and [1:55:18] clearly it simply gives [1:55:22] everyone around the world ideas [1:55:23] of better reasoning and peace [1:55:24] And so it's working towards our [1:55:28] best selves that it's how to [1:55:28] address war and not to [1:55:32] continuously hide and be [1:55:32] secretive because of war. [1:55:33] It's an important lesson we're [1:55:37] learning and I hope we practice [1:55:38] it well and I hope we practice [1:55:42] dialog instead of harm in [1:55:42] the future and trust luck how [1:55:43] we can do that. [1:55:43] >> Thank you. [1:55:46] Thank you. [1:55:47] Next is Madison After that [1:55:47] Francine Maxwell in Madison [1:55:50] Please unmute. [1:55:51] >> Hi, good afternoon. [1:55:56] I'm a mother of young children [1:55:56] and I'm here today to speak [1:55:57] about the public safety risks [1:56:00] associated with high thc [1:56:01] cannabis and what that means [1:56:01] for our roads. [1:56:05] A recent federally funded study [1:56:06] highlighted something important [1:56:10] We still do not have a reliable [1:56:11] practical way to measure [1:56:12] marijuana impairment at [1:56:15] the roadside like we do with [1:56:16] alcohol. [1:56:16] Researchers are now working on [1:56:20] a new thc breathalyzer using 3d [1:56:20] printed technology. [1:56:21] But they do acknowledge it's [1:56:25] only a proof of concept and [1:56:25] requires significant further [1:56:29] validation while marijuana use [1:56:30] becomes more normalized and [1:56:30] accessible. [1:56:34] Our ability to keep impaired [1:56:34] drivers off the road has not [1:56:35] kept pace. [1:56:39] The study makes clear that [1:56:39] there is a growing need for [1:56:40] fast reliable roadside tools [1:56:44] due to the increase in cannabis [1:56:45] use and that the current lack [1:56:49] of such tools raises the risk [1:56:49] of accidents and fatalities [1:56:50] caused by intoxicated drivers. [1:56:53] Even more concerning, federal [1:56:54] researchers and agencies have [1:56:58] acknowledged that thc levels in [1:56:59] the body do not reliably [1:57:00] correlate with impairment [1:57:03] the way alcohol does. [1:57:04] That means law enforcement is [1:57:04] left without clear objective [1:57:08] standards making it much harder [1:57:08] to identify and prevent [1:57:12] impaired driving in real time. [1:57:13] At the same time we know thc [1:57:13] affects reaction time, motor [1:57:17] coordination and judgment all [1:57:18] of which are critical for safe [1:57:18] driving. [1:57:22] When you combine increased [1:57:23] access to high potency products [1:57:26] with limited enforcement tools [1:57:27] you create a real and growing [1:57:28] public safety gap. [1:57:31] >> This is especially relevant [1:57:32] as the city considers expanding [1:57:32] marijuana storefronts more [1:57:36] retail access means more use [1:57:37] and more inevitably increases [1:57:41] the risk of impaired driving on [1:57:41] our roads. [1:57:42] We should not be expanding [1:57:43] access to an intoxicating [1:57:46] substance faster than we can [1:57:47] responsibly manage its [1:57:47] consequences. [1:57:51] I urge you to take a cautious [1:57:51] approach and prioritize road [1:57:52] safety for this issue. [1:57:52] Thank you. [1:57:55] Thank you. [1:57:56] >> Francine Maxwell If you can [1:58:00] please unmute. [1:58:01] >> Good afternoon Francine [1:58:01] Maxwell. [1:58:02] Thank you for allowing me to [1:58:02] speak. [1:58:05] I'm asking for the City Council [1:58:10] to reimagine the cpp, reimagine [1:58:11] you engaging in getting more [1:58:15] involved especially since for [1:58:15] the last five years so many [1:58:16] things have been classified as [1:58:19] miscellaneous. [1:58:20] You should have the police [1:58:20] department give you an [1:58:25] explanation in of why they're [1:58:26] labeling so much miscellaneous [1:58:29] and not telling the cpp. [1:58:30] When we used to get a [1:58:31] spreadsheet of all complaints [1:58:34] made to the San Diego Police [1:58:35] Department that's what [1:58:36] the measure be calls for. [1:58:39] I would also like the City [1:58:39] Council to have some bold [1:58:44] leadership and demand that Joan [1:58:44] Dawson be interviewed with you [1:58:48] guys in closed session and ask [1:58:49] why a city attorney is [1:58:50] rewriting the policies and [1:58:53] procedures for an independent [1:58:53] commission. [1:58:54] The cpp is independent. [1:58:58] The city attorney's office is [1:58:58] the sdp. [1:58:59] These attorneys we're supposed [1:59:03] to have our own attorney an [1:59:03] independent attorney. [1:59:04] Can you guys ask your colleague [1:59:08] Marni when she takes a break [1:59:08] from running for Congress, when [1:59:09] she's going to get us our [1:59:12] independent attorney? [1:59:12] We have a new executive [1:59:17] director that absolutely needs [1:59:17] help. [1:59:18] We need a legal voice on our [1:59:19] independent commission. [1:59:22] Where's the Help City Council? [1:59:27] You are in charge of c p for [1:59:28] those of you that are running [1:59:28] for reelection. [1:59:29] >> Those of you that are [1:59:32] looking for your next office [1:59:32] out of city council think about [1:59:33] how we're going to attach this [1:59:37] to your leg that you did not do [1:59:38] what Measure b has called for [1:59:39] you to do. [1:59:42] We respect, meet and confer. [1:59:43] They can take as long as they [1:59:47] want to but to have the city [1:59:48] attorney butting in to the cpp [1:59:51] to have a city council person [1:59:52] chair of public safety not [1:59:53] secure as our own attorney you [1:59:57] should be ashamed of [1:59:57] yourselves. [1:59:59] >> Our next speaker is Kathleen [2:00:00] Lippert. [2:00:09] If you can please unmute [2:00:10] Kathleen Lippert. [2:00:11] >> I can't I mean for you I [2:00:15] will need to move on to [2:00:15] the next speaker. [2:00:16] >> I know. [2:00:16] There you are. [2:00:17] Sorry. [2:00:20] I'm trying. [2:00:20] Okay. [2:00:20] Thank you. [2:00:21] Good afternoon. [2:00:24] The earlier comment on [2:00:25] the glide report that is making [2:00:29] millions while it enjoys [2:00:30] the benefit of profiting by a [2:00:30] sweetheart lease is really [2:00:34] troubling. [2:00:35] There are a number of similar [2:00:39] issues where either on going [2:00:39] support the city's ongoing [2:00:40] support of a failed policy or [2:00:45] the absence of a policy that [2:00:45] really should be in place. [2:00:48] Both are critical to look at [2:00:49] city policy should be evaluated [2:00:53] for their costs versus benefits [2:00:54] and the city policies that have [2:00:58] led to higher city costs in [2:01:02] terms of low law enforcement [2:01:03] diverted limited resources, [2:01:07] emergency etc.. [2:01:12] Those are where your policies [2:01:13] are either absent or they're [2:01:13] not working. [2:01:18] The failure to regulate and [2:01:18] audit city smoke shops is a [2:01:19] good example. [2:01:23] They continue to sell products [2:01:23] that have been banned by [2:01:24] the state. [2:01:24] These products harm. [2:01:27] Are youth and their futures as [2:01:28] well as undermine the profits [2:01:32] of permitted shops that are [2:01:33] operating according to city [2:01:33] regulations. [2:01:37] The city has allowed alcohol [2:01:37] retailers that unfairly draw [2:01:42] limited long foresman resources [2:01:43] resources over serve customers [2:01:47] that lead to customers leaving [2:01:48] and getting into crashes. [2:01:52] Do you or are hitting [2:01:57] pedestrian injuries or death or [2:01:57] getting into fights or [2:01:58] committing rapes? [2:02:01] The city needs an on sale [2:02:02] conditional use permit to hold [2:02:03] them accountable. [2:02:07] And last please stop with all [2:02:07] the euphemisms. [2:02:08] The public is tired of ballot [2:02:11] measures, initiatives etc. That [2:02:12] say one thing but when you read [2:02:16] the fine print means something [2:02:16] totally different. [2:02:20] The Inflation Reduction Act [2:02:21] Perfect example. [2:02:22] Drug dealers became caregivers [2:02:27] Federal schedule one being [2:02:28] called medicine Marijuana. [2:02:33] Sorry your time is patient Your [2:02:33] time is concluded Catherine [2:02:35] wrote If you can please on meal [2:02:36] . [2:02:39] Hello Catherine wrote You know [2:02:40] the 1998 Torrey Pines glider [2:02:41] Port sweetheart lease was given [2:02:45] to retired city of San Diego [2:02:45] employee who's making so much [2:02:49] private money for themselves [2:02:50] and paying the city very little [2:02:54] in lease revenue. [2:02:55] Why don't you have it be a [2:02:56] percentage of the lease [2:02:56] instead? [2:02:58] Right now it's a gift to public [2:02:58] funds. [2:02:59] In fact there was a 2022 San [2:03:04] Diego County Grand jury report [2:03:04] on the Torrey Pines quite [2:03:05] important lease. [2:03:08] So far nothing has happened. [2:03:09] You know that It's pathetic. [2:03:09] So anyway, your new budget [2:03:14] comes out next Wednesday. [2:03:14] Why is everybody going to get [2:03:18] 10% at least in the nba going [2:03:18] to get 10% raises. [2:03:19] And the management analysts are [2:03:23] going to get like 18.8% raises. [2:03:24] How could they possibly get [2:03:27] raises when we have a [2:03:28] structural budget deficit? [2:03:31] Plus since 2023 they already [2:03:32] got a 23% rate. [2:03:35] So they've gotten 23% in [2:03:36] the last three years. [2:03:37] Now they're going to get [2:03:37] another 10% more. [2:03:41] And remember in 2013 is when [2:03:41] I'm mayor or inner mayor todd [2:03:45] Gloria started using the league [2:03:45] legal loophole in the city [2:03:49] charter to violate the five [2:03:49] year pitch double pay freeze by [2:03:50] creating the middle managers at [2:03:54] that point there were 70 [2:03:54] million middle managers. [2:03:59] Now the another u-t report came [2:04:00] out and the San Diego County [2:04:00] Taxpayers Association came out [2:04:04] that the middle managers that [2:04:07] are nonunion workers have [2:04:07] exploded by 461% over 15 years. [2:04:12] And then also during closed [2:04:17] session last week you guys [2:04:17] didn't report. [2:04:18] You didn't report out that you [2:04:18] had all these tentative [2:04:22] agreements with all the unions [2:04:22] . [2:04:23] In fact, you didn't say you you [2:04:26] you didn't say anything about [2:04:26] any tentative agreement. [2:04:27] So I don't know why I think [2:04:31] that the city attorney should [2:04:31] talk about that. [2:04:36] And so I don't see how you [2:04:36] could possibly be giving [2:04:41] anybody any raise More time has [2:04:42] concluded if you're raising [2:04:42] your hand after the five minute [2:04:46] timer has concluded already. [2:04:47] So you MAY take any additional [2:04:48] comments. [2:04:50] The city clerk at San diego.Gov [2:04:50] and those will be distributed. [2:04:51] Becky up. [2:04:55] Please proceed. [2:04:55] >> Good afternoon. [2:04:59] My name is Anne Burghoff and I [2:05:00] come here to ask you to please [2:05:03] prioritize public health in [2:05:04] relation to marijuana [2:05:04] consumption. [2:05:05] It's more important than ever [2:05:09] before that accurate science [2:05:10] speak for me is presented to [2:05:13] this Council and to the public [2:05:13] serves. [2:05:14] A recent report from [2:05:15] the National Academies of [2:05:18] Sciences Our nation's leading [2:05:18] scientific advisory board is [2:05:23] recommending federal action to [2:05:23] address the serious health [2:05:24] risks associated with marijuana [2:05:24] consumption. [2:05:29] This is a clear warning from [2:05:29] the science community that it [2:05:32] is not aligned with serious [2:05:33] public health risks. [2:05:33] The report highlights some [2:05:37] critical turns dramatically. [2:05:43] It is apparently in doubt and [2:05:47] the abundance of toxic sulfate [2:05:48] phc being sold at our local [2:05:50] tobacco and smoke shops These [2:05:57] pot. [2:06:02] Hello. [2:06:03] We lost you. [2:06:04] Barbara Gordon your final [2:06:07] speaker. [2:06:07] Thank you. [2:06:12] Good afternoon. [2:06:13] I am concerned as a public [2:06:16] health advocate that nearly [2:06:17] every week a new intoxicating [2:06:22] mind altering product emerges [2:06:22] often unnoticed and until [2:06:23] reports surfaced as people [2:06:27] being harmed and the physical [2:06:28] and mental health of our youth [2:06:28] is in jeopardy. [2:06:32] Products like intoxicating thc [2:06:32] hemp and create them are [2:06:36] dangerous and addictive [2:06:37] Intoxicating compounds like [2:06:41] Delta eight, Delta ten and many [2:06:41] others. [2:06:42] The products are available in [2:06:46] convenience stores, vape shops [2:06:46] online without any oversight [2:06:51] and in many places without any [2:06:51] age restriction. [2:06:55] Potent kratom compounds become [2:06:56] especially dangerous when it is [2:07:00] concentrated in products like [2:07:00] dummies, drinks, powders, [2:07:04] Capsules are also sold in smoke [2:07:05] shops, gas stations, [2:07:09] convenience stores and online [2:07:10] marketed as natural. [2:07:11] These products can be just as [2:07:14] harmful as synthetic opiates [2:07:15] posing serious danger. [2:07:19] The fda warns that kratom [2:07:20] products like 708 is not [2:07:23] approved. [2:07:24] It's not lawful and unsafe with [2:07:28] risk including seizures, [2:07:29] depression, anxiety, addiction [2:07:33] withdrawals and overdose like [2:07:34] symptoms. [2:07:35] I am urging the city Council to [2:07:39] treat intoxicating products as [2:07:39] a public health issue not as a [2:07:43] product that is in the gray [2:07:44] area as it could be. [2:07:45] As a community we need to [2:07:48] insist that any mind altering [2:07:49] substance that are manufactured [2:07:53] packaging marketed should not [2:07:54] be allowed to be sold in in [2:07:54] the marketplace. [2:07:58] Public safety is the city's [2:07:59] primary responsibility. [2:08:04] Thank you for letting me speak. [2:08:04] >> Thank you. [2:08:05] Big wrap. [2:08:05] I am coming back to you. [2:08:08] I'm not sure if the issue was [2:08:08] on my end or not. [2:08:12] Thank you And I appreciate had [2:08:13] one minute left. [2:08:13] Great. [2:08:13] Thank you. [2:08:14] I was just reading about [2:08:17] the National Academies of [2:08:17] Sciences and their [2:08:18] recommendations and I just [2:08:22] wanted to add that here in San [2:08:23] Diego our emergency departments [2:08:24] and pediatric specialists are [2:08:27] seeing these real impacts youth [2:08:28] experiencing psychosis, severe [2:08:32] anxiety and cannabinoid [2:08:32] hyperemesis syndrome. [2:08:33] I urge this council to invite [2:08:37] physicians from Rady Children's [2:08:38] Hospital and doctors from our [2:08:38] local emergency departments to [2:08:42] come and speak directly to you. [2:08:43] Let them share what they're [2:08:43] seeing firsthand. [2:08:47] Let this Council hear directly [2:08:47] from the medical community [2:08:48] about these products and how [2:08:51] they're affecting our youth and [2:08:51] our families. [2:08:52] The National Academies report [2:08:56] is clear We need better public [2:08:57] education, better data and [2:08:58] policies grounded in public [2:09:02] health not just access and [2:09:02] revenue. [2:09:03] >> Thank you. [2:09:03] Thank you. [2:09:04] That does conclude the agenda [2:09:05] Public comment for today's [2:09:09] meeting. [2:09:10] Thank you. [2:09:15] And with that we will now [2:09:15] adjourn Council to [2:09:16] the regularly scheduled council [2:09:19] meeting on Tuesday, APRIL 14th, [2:09:19] 2026 at 10:00 am.