and
go
All right, good morning.
>> I will now call the special
City Council meeting on Monday
JULY 13th, 2026 to order Clerk
Please call the roll
The Council PRESIDENT Council
Member Campbell here Council
Member Whitburn Council Member
Foster Council Member Ron
Wolper Present Council
PRESIDENT Pro Tem Lee here
Council Member Campion here
Council Member Moreno Council
Member Ella Rivera and Council
PRESIDENT LaCava present also
attending the meeting are City
Attorney Heather Ferber,
independent budget analyst
Charles Monica and myself.
Your city clerk Diana Fuentes.
Thank you.
Council PRESIDENT All right,
thank you.
City Clerk Quorum is now
present.
We will begin this morning with
an invocation by Clark 20th
followed with the land
acknowledging and the Pledge of
Allegiance led by council
member Whitburn Grant those who
hold office in this city
the spirit of wisdom, charity
and justice that was steadfast
purpose They MAY faithfully
serve in their offices to
promote the well-being of all
people.
We respectfully acknowledge
that the combination or
the original inhabitants of
the unseated land out of
the San Diego despite enduring
the horrors of genocide and
call it as said the Kobe spirit
remains unbroken.
We are the resilience of their
ancestors who fight to protect
their culture and land today
They carry their legacy forward
ensuring that their traditions
continue to thrive and
gratitude and strength We stand
with the nation connected to
our past and committed to a
thriving future.
Please raise the flag ready
again for the flag of
the United States of America
and to the Republic for which
it stands One nation under GOD,
indivisible with liberty and
justice for all Without City
Clerk please go over how
the public can offer their
testimony.
>> Thank you.
Council PRESIDENT I'd like to
highlight the site on
the screen that reviews how
the public can offer their
public testimony during today's
meeting.
If you are in person please
complete the speaker slip
located at the entrance of
chambers and bring it to
the front of the room For those
that have submitted we do not
have any organized presentation
submitted for the closed
session agenda this morning.
No further in-person testimony
will be taken once the Council
begins virtual testimony for
better meeting management
purposes each speaker will have
one minute per item per person
up to a maximum of three
minutes if there are three or
more items.
Thank you.
Council PRESIDENT All right.
Thank you for that.
And as a reminder when you're
speaking to items on
the agenda, please focus your
comments on that item not
agenda public comments where
you can speak more freely
anything under the city's
purview.
So with that clerk please read
the closed session items into
the record.
Thank you.
Council PRESIDENT Conferences
Legal Counsel Existing
litigation pursuant to
California Government Code
Section 5495 6.91 is scs1 Sara
Hazelwood versus Board of
Trustees of the Cal State
University at all and c.
S three JANUARY 22nd 2024
Flooding Litigation Conference
with Legal Counsel Anticipated
litigation Initiation of
litigation pursuant to
California Government Code
Section 54956.9 d for sc As for
number of cases one.
Conference with Legal Counsel
Existing litigation pursuant to
California Government Code
Section 5495 6.91 c as United
States of America versus City
of San Diego sc a six Condon
Johnson and Associates Inc at
all versus Flat Iron West at
all and c.
S seven Toia Hisor Welch versus
City of San Diego.
Thank you Council PRESIDENT All
right.
>> Thank you.
All right.
Thank you.
And with that please proceed
with public comment.
We have Maximilian Schmidt here
in Council chambers.
If you can please come up to
the microphone.
You will have three minutes.
You're speaking on all of them
All.
Hi.
I wanted to say that I am a
human rights activist and also
a government dissident so I
wanted to apologize if my First
Amendment comes off as direct
on the United States District
Court.
District court is hearing this
case about Americans with
disabilities and sdsu And I
honestly believe that in my
opinion and with my First
Amendment right the United
States District Court should
suspend hearing this on until
until should not hear any more
trials until a state of
emergency a discussion item is
created and heard on and also a
public service announcement is
made concerning the efficacy of
the court group rituals to read
someone's mind because people
are getting harassed and
becoming confused and driven to
madness across the world
playing big problems.
>> That's my opinion on that
case For the 57 flooding cases
where the city of San Diego is
getting sued concerned in
the rainstorms that happened on
on JANUARY 22nd 24 on with my
First Amendment right and in my
personal opinion I honestly
believe that the city of San
Diego should put all lawsuits
on hold until a simple public
service announcement State of
emergency and agenda item is
created and heard on talking
about how the efficacy of
the code group rituals to read
people's mind because people
are being severely harassed and
confused and driven to madness
And I believe there's confusion
and priorities And for the case
of the United States of America
versus the city of San Diego,
I'm in the Navy lawsuit about
the Nazi boat channel on I
honestly believe with my First
Amendment that this is a trial
being heard by the United
States District Court.
I honestly think as a citizen
of San Diego who's witnessed
the severity of the elephant in
the room that the United States
District Court should pause
hearing trials until a public
service announcement, state of
emergency and on discussion
agenda item is heard and
created about the efficacy of
the culture rituals to read
people's mind because people
are getting harassed and
confused and German to madness
in every city across the world
including San Diego And I
believe that on this could even
be trying to cover that up in a
way because this is such a big
issue that's going on in
the world.
>> Thank you for that
concluding statement.
I'm sorry of the five minute
time we're going to those
participating remotely starting
with 8700 if you can please.
And mute and let me know which
item or items you wish to speak
to Item one, three, five and
seven please.
You'll have three minutes.
>> Please proceed.
Number one alleged violation of
ada sidewalks, crosswalks and
roadways are dangerous for all
of us yet the disabled are
the most vulnerable Yet our
city has a structural budget
deficit that is over 20 years
ongoing.
You too are vulnerable.
Where is the money going to
come from to help keep our
young people safe and so they
too can enjoy our beautiful
city.
Number three the perfect storm
flooding The evidence against
the city is strong yet I call
it a natural disaster Nature
versus people to settle this
you must show that you care.
Use the spirit of the law and
seek the balance of give and
take on both sides.
Number five and the city I read
the gov info on this matter.
It's about 16 pages of history.
It seems like a long playing
chess game to me.
The a the memorandum of excuse
me the memo a of a memorandum
of agreement seems to be
the strongest support for
the city.
The Navy says it cost them 16
million to do the work on
the channel.
My direction is to keep
fighting and I pray I pray
the city has the better legal
team.
Number seven correcting
delinquent parking tickets.
I am concerned about this case
if it relates to a
Union-Tribune article I read
not long ago could it mushroom
into many other cases?
It seems that the letter of
the law will prevail on this
one.
Blessings on all of these cases
of a beautiful day and love to
all.
>> Thank you.
Next is Blair Beekman.
If you can please unmute and
let me know which item or items
you wish to speak to.
>> I Blair Beekman Items one
three, five and seven Please
proceed.
>> You have two minutes.
Thank you.
I Blair be happy Monday for
the first item is about actions
of a person trying to use or
using disabilities Act asking
about sidewalks, crosswalks and
roadways in a city in San Diego
State area If tech
accountability can be any help
to help mediate the situation
or what the future of
the situation can be about.
And good luck in that effort.
Tech MAY be around this item
and the policies of tech
accountability MAY be can be of
help in some small way in
helping decide and understand
this issue better.
Good luck in such efforts for
item number three including
litigation and good luck in
working this out together
acknowledging city's faults in
concept and trying to mediate a
middle ground between
everybody.
Good luck in that effort.
But he said events for I see
five process five this this is
the Department of Navy and know
argument with the city of San
Diego that joy really described
well thank you for her
description and her ideas and
feelings on the matter and yeah
economy it seems clear to me
this is an old argument
actually is the port of San
Diego involved with this
The Port Authority of San Diego
whatever their name is, are
they involved with this also to
help mediate the process?
It seems like hopefully
something can eventually be
resolved with this And good
luck in the process of doing
that.
I don't know the depth of
the issue and working these
things out are important.
Good luck and finding the way
to do that.
Possibly the Port Authority can
be of help to the committee and
and and yeah there's new Port
Authority staff good luck in
that sort of effort with who
used to work for the city by
the way so that can be helpful
for number seven item working
on delinquent parking tickets
Good luck on trying to practice
concepts of equity with with
the sort of parking ticket
items finding new forms of good
equity practices The work we've
done with towing in
the downtown area of San Diego
and an overall you've done
really good work with that.
Thank you.
And that I think could be a
good model for an item such as
this and future parking issues,
the parking ticket issues
overall.
So good luck with this item.
>> Thank you.
Thank you.
That does include public
comment and closed session.
All right.
Thank you City clerk now we
will adjourn as the city
council to convene for a
special housing authority
meeting to take public comment
on the housing authority closed
session item or please read
the Housing Authority closed
session item into the record.
Thank you.
Council PRESIDENT Corporate
Legal Counsel Anticipated
Litigation Initiation of
litigation between California
Government Code Section 5495
6.94 Special Housing Authority
Closed Session one at number of
cases one All right Without for
you Excuse me.
Proceed with public comment.
Maximillian Schmidt, if you can
please come forward.
You'll have one minute to speak
on this one item on Hi again.
I want to say that I'm a human
rights activist and
self-proclaimed government
dissident so my approach MAY
seem unorthodox but I honestly
believe with my First Amendment
and in my opinion that
the housing authority on should
suspend hearing any any cases
until a public service
announcement State of emergency
and agenda discussion item is
created and heard concerning
the efficacy of the core group
rituals to read people's mind
because people are getting
confused and being even driven
to insanity in every city
across the world And we need to
help save human life and souls
and on That's all I have to say
concerning that And again I am
a human rights activist and I'm
going to press for this
discussion Item two on Be heard
at City Hall.
>> Thank you for the five
minute time we're going to
those participating remotely in
700 If you can please unmute
You'll have one minute.
>> Please proceed.
Thank you so much.
I know that you're following
the Brown Act on that and I
really appreciate the Brown Act
and how that works for our city
government.
So I just wanted to say that I
don't and I don't say this
lightly MAY the force be with
you blessings on this process
of decision making.
I don't know what's involved
but I just have sort of an
unsettled feeling inside of me
And I hope I hope that there's
a need to be there.
So again, blessings on this and
I appreciate all of your work
you very much pulling in all of
you.
These are Office of the City
attorney.
Thank you so much for your
work.
You're right.
There are silent heroes all
the time.
So thank you so much to all.
>> Thank you.
That does conclude public
comment on closed session.
All right.
Thank you, city clerk And we
will now adjourn as the housing
authority and reconvene as
the city council.
We will now recess in session
and reconvene council today at
the I'm Manuel Pereira.
>> I have only muted you if you
can do a quick mic check them.
Yes we can hear you okay Thank
you so much
And that
just so people
wondering what's going on in
the morning session that
normally interview ended at 145
also the reason some of my
colleagues have not shown up
yet and because the first thing
we're going to do is we're
going to hear potential
candidates for appointment to
the Commission on Police
Practices.
I think it's a courtesy for us
to wait until the council
members as possible connection
with your posting.
So that's one reason I haven't
started the meeting even though
we've got important So okay
.
And
then and
All right, thank
you everyone for your patience.
>> Good afternoon.
I will now reconvene
the special City Council
meeting on Monday JULY 13th,
2026.
Please call the roll.
I'm sorry.
Thank you.
Council PRESIDENT Council
member Campbell Council Member
Whitburn, Councilmember Foster
and Councilmember Bunuel for
Council PRESIDENT Pro Tem Lee
Council Member campeon
Councilmember Moreno,
Councilmember Isla Rivera and
Council PRESIDENT McGovern also
attending the meeting our
assistant city Attorney Leslie
Fitzgerald, independent budget
analyst Charles Monica and
myself your city clerk Diana
Fuentes.
Thank you.
Council PRESIDENT.
All right.
Real quickly, are there any
comments from the mayor's
office, council member, city
attorney and the budget analyst
city clerk not seeing any one
move along So the clerk will
now go over how the public can
offer their testimony this
afternoon.
Thank you.
I'd like to highlight the slide
on the screen that does review
how the public know for their
public testimony during this
afternoon's meeting The order
can be found on the agenda
Summary found online or at
the table in the back of
the room.
If you are in person please
complete the speaker So look it
at the entrance of chambers and
bring it to the front of
the room.
Council ambassadors are
available near the entrance of
chambers and can assist with
questions and speaker slips.
No further in-person testimony
will be taken once the council
begins virtual testimony and I
would like to note that we did
not receive any organized
presentation for any of
the items on this afternoon's
agenda.
Thank you Council PRESIDENT All
right.
Thank you.
And as a reminder when you're
speaking to an item on
the agenda, please focus your
attention on that agenda item
and we will have an agenda
public comment at the end of
this afternoon session.
So with that.
Clerk please introduce item 601
Thank you.
Item six I wanted
the consideration of
appointments to the Commission
on Police Practices.
This item is not subject to
the Mayor's veto.
>> All right.
Thank you.
So prior to taking public
comment per council policy zero
dash 13 we will hear from each
candidate and each council
member will have an opportunity
to ask questions.
Following that the city clerk
will review the process for
balloting prior to council
members voting to fill
the vacant seats.
Candidates that are listed on
the staff report for this item
will be called up by the clerk
by clerk printed by name and
who will also name which
categories they are a candidate
for.
We will now allow each
candidate to make a two minute
presentation regarding their
nomination.
Please proceed.
Thank you.
Council PRESIDENT We'll be
taking the candidates in
alphabetical order by first
name and each candidate as
mentioned will have two minutes
which I will time And you can
see on the timer there we will
begin with candidate Arianna
Dixit who has been nominated
for the At-Large and Youth
category seats.
Please come up to the podium.
You will have two minutes And
just for meeting management if
I can have it Crystal Van
Francisco Peralta Vargas Hemant
Kumar The Comptroller.
James Tyrrell.
Roland Martin Diego's Munoz
Kelly Freshener Michael Allen
Scott Rodriguez and Rashida
Lamar.
I mean it.
Please all come up to the front
row so that you can come up to
the podium a little bit easier
.
>> You will have two minutes.
Please proceed.
Thank you.
Good evening.
My name is r Index and I am a
student at uc San Diego as well
as the resident of District one
.
I'm here tonight to ask you all
for your appointment to
the youth seat as well as
the At-Large seat for
the Commissioner of Police
practices Mainly because right
now in the past couple of years
I've been a part of various
organizations supporting civil
liberties and police
accountability in San Diego.
In the past I was on the Police
Accountability Board for the uc
San Diego Police Department
where I used to perform many of
the same kinds of activities
that the commission does.
I mentioned intending to
represent youth from diverse
and marginalized populations
from the city as best as I can
because I am also the PRESIDENT
And co-founder of the Student
Civil Liberties Union that
focuses work in District one,
three, eight and nine
respectively.
Furthermore, I have a proven
track record with engaging
youth in order to get them to
care about and also work with
institutions such as the police
and also understand hold police
accountable.
I've done so with youth groups,
have done so with aapi groups
through the Asian Pacific
Theater Alliance in the city
and through the sd api
coalition.
So I think right now in general
I'm unpacking and trying to get
this nomination mainly because
I'm intending to bring a sense
of greater accountability to
the police system but also to
ensure that the institutions
that we have are following in
line with what voters wanted
when they voted on Measure b.
I have also received
the nomination from
the Commission of Police
Practice itself to get the seat
for the youth youth appointment
itself and I would really
appreciate all of your
consideration for this seat
tonight.
Thank you so much for your time
.
>> Thank you.
Krystal Van if you can please
come up to the podium.
Crystal Van.
>> All right.
Next we will go to Francisco
Peralta.
I declare council PRESIDENT
Council member Francisco
Peralta.
Reason why I'm here today is
because I'm seeking your
support to serve at
the commission of police
practices.
I have lived in San Diego, my
home for the past 26 years and
I have seen my perspective.
I lived in this report for
seven years.
I attended Memorial Academy
District eight.
I also attended San Diego high
schools and your city college
there earned a scholarship to
attend uc San Diego where I
landed and when I finished my
bachelor's degree and later
most importantly I had an
opportunity and a privilege to
work for the city of San Diego.
I landed an opportunity to be a
committed representative for
Council District nine.
I was representing City Heights
neighborhoods and within
anything I actually got to see
a lot of the challenges that
the city faces every day.
It's complicated.
I have a complicated job and
you know, balancing the budget
every year is very complicated.
So I got to see and I got an
opportunity to see what
the what that looks like in
real life every day.
Like I mention at the beginning
I hear seeking your support to
serve in the commission.
I think between my lived
experience, between my
professional experience I think
I can be a good addition to
the commission.
>> So once again I hope I can
get your support.
Thanks so much.
Thank you.
We'll now hear from Canada
Command Kamar de Trawler who
has been nominated for
the Council District two and
the At-Large category.
Please come up to the podium.
We'll have two minutes.
>> Please proceed.
Good afternoon.
Member of City Council.
My name is Herman Strada and I
need to serve on the commission
on Police practice.
My role is to help and
strengthen the trust between
the community and the police
department by providing
independent oversight.
Hungary's transparency and
listening to community
concerns.
I lived in point Loma for 30
years.
I appreciate the opportunity to
serve our city and I look
forward to working
collaboratively with the city
council.
The police department and our
community to promote fairness,
accountability and public
trust.
>> Thank you for your support.
Thank you.
We'll now hear from candidate
James Tyrrell Overland who has
been nominated for the low and
moderate income category.
Please come up to the podium.
You'll have two minutes please.
Thank you very much.
My name is Jim Rowan and I've
been a resident of San Diego
since 2006.
I have lived in Paradise Hills
in southeast San Diego for all
20 of those years Work worked
as a senior copywriter for
various agencies and
enterprises including the and
of course We Are Indians.
And during that time I was also
involved in art and writing
communities and served on
the board of directors for San
Diego Writers Inc and was a
member of the Golden Vina Art
Collective and Barrio Logan up
until the pandemic shutdown.
I consider myself to be service
oriented, community minded and
enthusiastic collaborator And
why now is because I now work
for myself full time and have
you know my daughter recently
graduated college so I have
the opportunity to honor a full
time commitment.
I also want to mention I'm a
veteran of the us Navy which is
what brought me to San Diego in
1986.
I served on the uss my accord
when I was stationed at Naval
Station and 32nd Street.
My connection goes back even
further to the 60s when my
father was in the Swift Boat
training in North Island before
shipping out to Vietnam And at
the risk of oversharing all
that I was conceived in
Imperial Beach.
But during that time, you know
in there I wander into too much
information.
>> Thank you.
Thank you.
We'll now hear from candidate
Martin Gallegos Munoz who has
been nominated for the council
District eight and the at large
category.
Please come up to the podium.
Has just one thing There was
one news.
Moving on we will hear from
candidate Kelly Fresher who has
been nominated for the at large
and youth category.
Please come to the podium.
We'll have two minutes.
Thank you very much.
Good afternoon everyone.
My name is Kelly Rusher.
I am a graduate student at uc
San Diego.
I just finished my second year
my first year going into my
second year and obtaining a
master's in public policy with
an emphasis in inequality and
social justice.
After I graduate I plan to work
with and for the police in
creating initiatives and
policies that emphasize both
trust and communication by
promoting respect and
transparency between police,
both police and civilians.
Before coming to San Diego I
received my undergraduate
degree from uc Santa Barbara in
sociology with an emphasis in
policing.
My research there consisted of
watching videos pre body cam
videos of police interactions
between civilians and
the police.
And understanding the ways that
interactions happen creating a
playbook of policies and
tendencies that police have
when dealing with different
groups of people.
And I also read multiple
transcriptions dealing with
interviews between civilians
sending complaints to Seattle
pd and the responding in
subsequent interviews that took
place between the officers and
those civilians.
So I would love to have
the position to be on this
commission because although I
have my research background I
really want to be able to help
the police and to be able to
create a more trusting and
respectful atmosphere between
both police and civilians.
And I think that being able to
have this hands on experience
would be very beneficial for
me.
I am also a resident of San
Diego and I would love
the opportunity to be able to
participate more in
the proceedings of this city.
>> So thank you very much.
Thank you.
We will now hear from Michael
Allen Michael Allen has been
nominated for the At-Large
category and please come up to
the podium We'll have two
minutes.
Good afternoon.
Thank you.
Members of the city council for
your time today as well as your
consideration for my
application.
Over the past 20 years I've
spent most of my time focused
on building the current
business.
I've traveled all over
the United States and built
quite a few different places.
And until I placed kind of
roots here in San Diego, I
didn't realize that the need to
serve in the community.
And since then I've actually
started looking actively for
ways to to reach out and give
back Since I grew up so much
before I really started to see
the impact on community members
and so forth.
So the reason for me asking to
be on this advisory board is
because I would certainly like
the opportunity to be able to
listen and give thoughtful
feedback and a way to be able
to help to make a place for our
our city safer and a better
place.
Thank you.
Next we have candidates Scott
Rodriguez who has been
nominated for the low and
moderate income category.
Please come up to the podium.
Scott Rodriguez, we know we
have candidate Rasheeda Lamar
who has been nominated for
the At-Large and low moderate
income category.
Please begin your comments
already.
Many great day for city council
and thanks so much for your
time.
My name is Rashid Ahmed and I
am submitting my interest in
serving on the Commission on
Police Practices.
I'm a lifelong resident of San
Diego fourth District and I'm
the founder of the First
Community Empowerment Theater
in District four.
I've dedicated my entire life
to strengthening relationships,
restoring trust and creating
safer, healthier communities.
Through my work I've built up
long standing trusted
relationships and created
safer, healthier communities
with residents and community
leaders as well as service
providers and law enforcement
which allows me to understand
the perspectives and concerns
of all those involved.
I'm licensed in restorative
practices as a practitioner and
trainer that specializes in
conflict resolution,
de-escalation and restorative
dialogs.
My work focuses on helping
individuals and individuals and
institutions navigate difficult
situations with accountability,
empathy and practical solutions
.
I have also partnered with law
enforcement in the past to help
bridge gaps between officers
and the communities that they
serve.
Demonstrating that meaningful
collaboration is possible when
people are willing to listen
and learn from one another.
If I'm selected I will bring
that community centered
perspective grounded in
fairness, integrity and
restorative principles.
I believe every incident
presents an opportunity to
evaluate not only what occurred
but also whether a situation
could have been de-escalated,
handled differently or resolved
in a way that strengthens
public trust while supporting
officer safety and
accountability.
>> Thank you.
Thank you.
Next we'll go to our virtual
participant of Emmanuel
Barrera.
If you can please unmute online
and you'll have two minutes
actually if you can hold on one
second.
Can we get the timer up so you
can see his two minutes?
We're going to put a timer up
on the screen so that you can
see your timer and manage your
time of two minutes.
>> Please proceed.
Thank you.
Thank you to the City Council
for allowing me to join
virtually.
I apologize for not being there
in person but I've had a few
things come up this morning but
many of you MAY know where I
live.
I'm going to go from seven
years entirely in District
three and while I and not
originally from here and people
that made it my adopted home I
currently work in marketing and
analytics but I did my
undergrad at University of
California Santa Cruz and I did
my grad school at
the University of San
Francisco.
Both schools really put a lot
of emphasis on social justice
and community service and just
trying to give back.
So I think what I would like to
bring to this commission is
exactly that I love it here.
I genuinely think of this place
as my home to my adopted home
and I would really like to
strengthen bring the talents I
believe I do have which mostly
are being objective thinking to
leveraging my background to
kind of bring that into this
commission and provide a fair
and unbiased view into their
view between the interactions
between the community and
the senior people.
I really believe in the core of
this mission of the core
mission of this commission and
I have believed so since I've
first voted on it and arrived
here as a new resident And I
thought I would like to humbly
be considered for this
commission and I welcome any
and all questions here any any
other points But thank you.
>> Thank you.
That does conclude
the presentations from
the nominees for this seat.
All right.
Thank you, City Clerk And you
did verify that the three I
think that were absent were not
online.
They are not on.
Okay.
Thank you for confirming that.
So now we'll go to the council
members for any questions.
Please note per council policy
zero Dash 13 This is only an
opportunity to ask questions of
the candidates.
Any comments will be taken
prior to balloting So Council
member Yvonne Wolpert any
questions for the candidates?
Yes.
Thank you.
I have a question for every
candidate to answer the same
question.
When we enacted
the implementing law for
the Commission on Priest
Practices Section 26.11 o 64
states, the commissioners need
to have the ability to act
impartially and independently
and we will be appointing you
to be a fact finders and
adjudicate cases, adjudicate
complaints against the police,
adjudicate complaints police
might have against civilians
And so you'll be acting in
the role of a judge And we all
have experience in the role but
we have to come in there with a
neutral fact finding ability.
So I'd like to know from each
person how you plan to be
neutral and unbiased when each
case comes to you.
So why don't we start with you
Francisco That I remember
correctly and then just kind of
go down the line being
impartial I would say that it's
the first step to build that
bridge between public
institutions and the community
.
So there's there's absolutely
no other way around this Just
we have to listen to the facts
And like you mentioned, we're
going to be a judge to be able
to make decisions, you know,
for the betterment of
the community as a whole, not
for an individual perspective.
So I think that's that's
the only way about it.
And my apologies for appointing
you man.
So I was serving as a juror a
couple times and I've been
through there So I have to be
honest and look at the fact
whatever the fact is I have to
go according to the fact I
don't look at anything else.
>> Thank you.
>> Grady Avila License
Restorative practitioner.
My my job daily is conflict
resolution and whether that's
in the jail setting, in
the school setting or in
the community setting and
the only way to get to a
resolution is to only speak and
deal with facts.
So I'm a fact finder.
I'm an investigator.
I'm all of those things But
mainly I'm impartial.
Good afternoon.
So in my current job I'm a
director for a restaurant group
and I spot I find a lot of
times I have to go in and help
deal with some issues to to
listen to the staff And a lot
of times I have to teach my
managers how to do it.
And the most important thing
I've learned over the years is
listen first get all the facts.
Don't start making conclusions
until you've actually listened
to everything and be fair.
And then at that point when
you're done then you make
what's best for well for then
it was the company and what's
right for the for the I'm sorry
for the company as well as for
the employee and follow
the rules So thank you.
>> Okay So for right now most
of my time is spent doing
research and so every single
thing that I'm able to look at
I have to find it, figure out
the evidence behind it and find
every possible aspect that
could counter what I'm looking
at.
So I think that it's very
important to spread everything
out, look at everything and
take into account every
perspective that could have a
point and could have a
possibility to influence
the facts that were given um
with my research experience I
spent an extensive amount of
time doing just that and just
looking at the words on
the paper pay no attention to
tonality and then being able to
take something like a
transcript or an audio
transcript and then use each
way that each side was able to
communicate their part, take
into account all of that and
then make a decision.
I think it's very important to
look at the bigger picture and
then take each part of that
bigger picture and create
smaller pictures and use that
to be as impartial and
transparent as possible when
making decisions such as this.
Thank you for the question.
Before moving to San Diego I
was a English teacher and
the backbone of that is
critical thinking and any kind
of writing assignment or
analysis that we would do you
have to be have a clear eyed
look at what the text is, what
the problem is, what
the circumstances And in order
to bring an analysis that's
free of bias and free of
prejudice put those facts
together before you can reach a
conclusion about how you think
and feel and understand
the material.
And I see that being no
different in this case.
I wish it weren't that way on
social media more but that's
not the way it goes.
Thank you.
And then sorry.
Hello.
To me I think that in the past
of Served on the Police
Accountability Board for uc San
Diego Police Department so
that's something that is that
comes naturally with
the position Furthermore for a
big part of working in in
research and my own like major
at uc San Diego which is
cognitive science is understand
what the facts are before
making a conclusion You know we
can have a hypothesis we can
have an idea of like where
we're going but we need to
clearly understand where all
the facts are, find out what
points go for and against an
argument in order to finally
make that case.
So I think that to me fact
finding comes very naturally
also understanding where all
these facts are coming from and
making sure we have a clear cut
procedure for investigating
every single complaint and
doing it fairly because we want
to increase the trust in these
systems rather than diminish
them through manners which like
cut corners in some way.
>> That's that's how I see it.
Thank you Emmanuel Marin if you
can please unmute.
Thank you.
I appreciate the question.
I would say that I would like
to point to both my
professional background as well
as my scholastic background.
Personally I work with a ton of
data.
I don't really go in when I
started doing analysis I don't
with any preconceived notion of
what the facts or in this case
the numbers kind of tell me
the story and I go from there.
But I do think I have a pretty
strong grasp on what's kind of
removing bias and just looking
at things objectively as well
As I did point out, my
background as a lawyer studies
major for undergrad just
because I think that really
that combined with my
psychology undergrad really
gave me a baseline for looking
at things through a set of
rules and being objective even
if things feel like they should
go certain layer if it
shouldn't.
I'd like to think that I that
training has provided a solid
blueprint for me and I'm pretty
pretty strong without Thank you
.
Is it okay?
I don't see any other council
members on the Light Council.
My Woodbury.
Thank you Council PRESIDENT I
just have one question for MR.
Pereira who is on the line.
MR. Barry, you're a constituent
of mine.
Congratulations on getting
the recommendation of
the Commission on Police
Practices.
You did at one point reach out
to my office with concerns
about the Floc contract and
automated license plate readers
,you know and that's not
inconsistent with that ability
to evaluate a police matter
independently.
But I did want to at least ask
you the question should a case
come in front of you that
involves the use of Alpers in a
policing situation?
Would you be able to fairly
assess the facts and render
judgment based on those facts?
Excuse me Councilmember
Woodburn.
I appreciate the question as
well.
I think so I my personal
opinion on whether cameras
should be or should or should
not be in place would not
interfere with my working on a
case in which they are in
place.
They're here that are currently
being used by the city And I
don't see any reason to let
that cloud my judgment on a
particular case.
Thank you, MR. Brewer Thank
you, Council PRESIDENT.
>> All right.
Thank you for that question.
Again, I don't see any movement
from my colleagues so the clerk
will now yes, the clerk on
the I'll take public testimony
prior to the council members
comments and balloting.
So with that clerk please
proceed with public comment.
>> Thank you.
Council PRESIDENT We have
speakers Armando Flores if you
can please come forward after
that will be Maximillian
Schmidt allegedly Audra and
Yusef Miller.
Armando you'll have one minute.
Please proceed.
Good afternoon.
Council PRESIDENT And members
of the Council I am Armando
Flores, Vice Chair of Strategic
Planning for the Commission on
Police Practices Speaking on
behalf of Sherbini it is in
the full Commission with thanks
to former Chair Rodriguez who
led this effort along with Doug
Case who ran which was
the chair of the recruitment
committee for the first time
the cbp carried out its own
recruitment and nomination
process from start to finish
When the commission has a voice
in who serves on it,
the community has a voice and
its own oversight.
21 people applied.
Every eligible candidate was
interviewed and scored on
the same rubric and every
nominee before you scored well
above the bar.
We are grateful to all who
applied advancing these six
that we put forward diminishes
No one We nominate Emmanuel
Pereira, Carly Boucher, Dixit,
Michael James Ruland and
Francisco Peralta Vargas.
Together they bring
the neighborhood's generations
and professional experience
This commission was built to
reflect The final word belongs
to the Council as it should.
We respectfully urge your
serious consideration including
comment Maximillian Schmidt if
you can please come forward And
Yusef Miller if you can please
come up to the front of
the room as well so that you
will be speaking soon on Hi.
I just wanted to share my story
of being abused by the police.
I am I has a problem of
trusting the police too much
where what happened was I was
in my apartment and I lost my
job and I was spending a lot of
time alone in my apartment And
my walls are very thin and I
could hear my neighbors reading
my mind.
So I filed a police report in
the police station and
the police ended up saying that
I was mentally ill and taking
me to a psych ward And in
the psych ward they actually
abused me by reading my mind
and held me in voluntarily and
called me mentally ill and
accused me of being mentally
ill and I was actually being
harassed by my neighbors.
They were on the Internet calls
it like other people who
experienced they call it like
play by play.
So it's like a sports broadcast
You're saying what you're doing
and my neighbors could see
through my eyes through calling
the Cardinals concerning what I
was doing.
>> Thank you for that
concluding comment allegedly
Andre I'm sorry.
Okay.
>> I find it interesting as I
was setting everything up, you
know, your staff came and told
these individuals there would
be a criminal background check
after this whole process.
I'm wondering if that's putting
the cart before the horse and
maybe we should do that prior
because then what do you do And
then we have to come back here
and repeat this business And
Steve and I find it so
hypocritical that you're
actually asking if somebody is
going to have some kind of
sound judgment or if they are
going to be biased if they have
a you know, opinion about floc
when Theresa Smith is your
friend and people are dying in
Tent City who are your
constituents and you just turn
a blind eye like you are now.
And this is sad because this
doesn't give anybody authority.
Unfortunately all these people
are good candidates but when
there is no authority to
enforce things all they're
going to be doing is a bunch of
busywork to make it seem like
there's accountability with
the law enforcement And that is
extremely unfortunate and a
waste of their time.
Yusef Miller Good afternoon.
My name is Yousef Miller and
with the Saving Lives in
Custody California and police
accountability Ability by Mass
Accountability Coalition.
And I want you to approve
everyone to put them on and
give us a full complement of
the keep us as old San Diego
has had a long history of
police violence against a
community all coming to a head
in the 1980s when we had
the issue or the case of
Sergeant Penn which inspired us
to have an oversight for
policing in San Diego County
and that's evolved to what it
is today The only way it can
function properly as if it has
a full complement of people on
those empty seats We I hear a
lot of wonderful applicants
that are here behind me and I
believe they will all do a
great job.
And Mike Mike ask in my hope is
that you approve them all
the youth complement the every
compliment that is behind me
because we need to get to work
and do some positive things and
represent the people of
the community.
>> Thank you.
Thank you.
I started the five minute timer
going to those participating
remotely.
We currently have five speakers
in the queue starting with
Hector if you can please on
mute.
>> Thanks.
I would recommend the lady from
district four She seems to have
a just a really good
perspective of what's going on
in San Diego.
I don't know if you guys can
approve a law that sounds good
to me too but I don't know if
you're looking for one or more
than one but do the recent
things that one shooting of
the guy and we're still like
form and committees and stuff
but you can approve them all
But I would lean towards
the lady from District four.
>> Thank you.
Thank you Francine Maxwell If
you can please unmute Francine
Maxwell Southeastern San Diego
Given that we have multiple
empty seats and some people
that are going to expire they
were acknowledged last meeting
So I support full panel that
has been presented here tonight
very support of Sister Jamie
because as she said fair
impartial, nothing but
the facts And again we need
people to stay on topic And
it's interesting that
the council PRESIDENT Said
people would have to stay on
topic Talking about mind
reading for every agenda item
is absolutely his right But if
this is about the sleep and
everything should have been
about the sleep so let's not be
performative again The sleep
needs people in the seats so
that they can understand what
is going on in San Diego and
help build the bridge that we
want from the community to
the San Diego Police Department
.
>> Thank you for allowing me to
speak Blair Beckman Thank you.
Hi.
Blair Beekman We can all have
our own ideas and feelings on
things to bring them to this
sort of body and to work
towards a neutral space is an
important concept to understand
and balance.
>> Good luck in that effort.
There's a lot that's going on
with clock We could be in
the next year and a half
The city of Oakland is giving
Blair Layer This is about
the cpp appointments.
Please focus on that Not agenda
will come up later in the day
You can unmute I'm doing a very
good job You missed the point
of my my speaking on this
subject.
We have to learn how to be
accepting of different
conversations that are taking
place in working towards a
neutrality.
Good luck on those efforts.
With that said I wanted to also
offer the idea that I hope all
persons here today were
considering the future and
the importance of tech
accountability and what that
really means and what that
means and working towards is a
community participation process
and that it's important.
It's an important concept of
community sustainability.
Accountable policies are
important for our future.
Good luck in that effort.
Thank you.
>> Thank you.
Our next speaker is Tony.
Tony, please unmute.
Akinyemi for you.
i will have to move on to
the next caller.
>> >> Yes.
Please proceed.
>> Yes, Thank you.
I just wanted to back the words
of Francine and Miller.
I'm in love with you and I
agree with all the points that
you made And I also wanted to
start by giving my own
endorsement of the very first
speaker today who was
representing the students civil
Law Union.
I see him and Privacy Advisory
Board meetings and I've seen
him at budget meetings and he's
super involved in the civic
process and he has a lot of
experience.
I also really loved to dropped
8700 If you can please unmute
Star six.
There you go.
I'm sorry One minute.
Yes, it's one minute.
Please proceed.
Okay.
Sorry about that.
Yes To the cap appointments.
Great batch of people.
I will I am going to speak
directly to the clients and
the candidates in a minute but
I do want to say this.
I do have a lot of concern over
the person that involves flock.
I think that's a serious
concern.
Councilmember Whitburn.
Okay.
So I have two recommendations
for the candidate.
Number one, So if you can
please listen up.
If you are not truly
knowledgeable of it, I
recommend you review.
Qualified immunity is
judicially created Legal rule
that was established by the us
Supreme Court and this involves
a cpd.
And then the other thing is
number two a dear candidate.
These are my words on the human
side of your work.
We are all biased.
We are all flawed.
We are all wounded and we all
bleed red.
So she says concluded Your time
has concluded and so have all
the public comments for this
item.
>> All right.
Thank you City Clerk With that
we will now go to council
member comments if any.
>> Council member Ella Rivera
Thank you.
I just wanted to say thank you
for all the applicants for
putting your name forward and
your interest in serving in
this capacity regardless of how
the process plays out.
I do know that you already
spent a lot of time to get to
this point and the interest
that you've shown.
I appreciate it is a very
important position and I very
much respect that You are up
through your name in the hat
and especially because it's
such a public process.
So thank you.
Thank you.
Council Member We'll go next to
Council Member Whitburn Thank
you.
Council PRESIDENT Since MS..
Knight brought it up.
And I am going to support MR.
Pereira as one of
the candidates I vote for He
and I have different
perspectives on Alpers but i
was afraid to give a good
answer about his ability to
look at things objectively.
So that's what we're looking
for.
Thank you.
All right.
Thank you.
Council member Whitburn.
I don't see anybody else on
the lights so I'll just close
by expressing my thanks to
the candidates for the extra
work you did And for those of
you that had the opportunity to
come down.
Certainly those who MAY have
have a job are at school and
you know that's not a strike
against you.
But thank you for your
willingness to participate And
you do realize how much work
there is in seep and hopefully
they briefed you on that.
I think your research probably
gives you an indication of once
they really get up and running
that the Commission on Police
Practices will be a real
definition of public service.
I want to thank Heidi of
the Council Presidents Office
for all the work in bringing
the candidates together.
Thank you to the Commission on
Police Practices for actually
getting organized this year and
making recommendations.
I think that's very helpful to
the council members So thank
you for that.
So there's probably somebody
else I should thank but it's a
complicated process and I
appreciate everybody's
engagement to take the work.
There's Heidi.
So all right with that clerk,
please outline the balloting
procedures.
>> Thank you, Council
PRESIDENT.
The procedures will be as
follows We will be distributing
the first ballot for districts
two and District eight
representatives as well as
the youth category.
We will then distribute
the second ballot for the other
categories as well.
The low and moderate income
category with term ending JUNE
30th 2027.
Then a third ballot for low and
moderate income category with a
new term of JULY 1st 2026 to
JUNE 30th 2028 and then a
fourth ballot for the at large
category.
So thank you for your patience
as we do all of the balloting.
Once a candidate receives five
affirmative votes that seat
will be filled.
I will announce the votes for
each candidate at the end of
each round of balloting.
Please note if no one receives
at least five votes in
the first round of balloting,
the candidate with the lowest
number of votes shall be
dropped from the next round of
balloting unless the lowest
vote getters are in a tie
situation.
This procedure includes
candidates who have received
zero votes.
New ballots will be distributed
and a new round of voting will
be taken.
My staff has distributed paper
ballots to the council members
for that first round of
balloting for districts to age
and youth category.
This will likely be somewhat of
a time intensive process with
some pauses pauses between
submissions and tallying.
So we appreciate your patience.
Council members please vote
once you have concluded voting
please.
Fold in half and lift your
ballot so staff knows that they
can collect your ballot.
>> I will just note for
the record that the District
two representatives you can
select is for a term ending or
starting on JULY 1st, 2026 and
ending on JUNE 30th 2028 for
the District eight
representative It is for a new
term starting on JULY 1st, 2026
and ending on JUNE 30th 2028
And for the youth category
which you can select two
candidates to fill
the remainder of the term
ending on JUNE 30th 2027.
>> We'll just take a slight
pause to tabulate
.
>> I will now announce
the results of the first round
of balloting district to Hemant
Kumar de Charla received a zero
vote Has Susan Martin or
someone else for District
eight?
Received nine votes Received
seven votes.
Youth seat Kelly Rusher
received seven votes and Ariane
Dixit received five affirmative
votes.
We do have a district eight and
the youth seats filled.
>> Thank you.
Council PRESIDENT.
>> All right.
Thank you for that.
Given the outcome, let's move
on to the next ballot.
Thank you.
The second round of balloting
is for low and moderate income
Staff is distributing
the ballots to all council
members.
Please select two nominees to
fill the remainder of the term
ending on JUNE 30th 2027.
Once completed please hold up
your ballot to hold it in half
and hold up your ballot so that
staff member from my office can
collect the ballot from you for
tabulation
.
>> Just to clarify it is two
seats two nominees to fill
the remainder of the term
ending on JUNE 30th 2027 So you
select two from the list.
>> Just to make sure we're all
on the same page And then
following this there will be a
separate ballot for the term
ending JUNE 30th, 28, correct?
Correct.
Yeah.
So we're only doing this 27
which is the shorter term And
then we will circle back to
the 2028 Slightly longer term.
So just to recap again from
the beginning instructions
there will be four rounds of
balloting.
One for the 2027 term for low
and moderate, one for the 2028
term for the low and moderate.
And then for the At-Large as
well.
>> This a question These are
not consecutive terms.
These are concurrent terms.
We have to nominate four
people.
>> Now we're only voting for
the 2027 seat.
And then once we get done with
that then we'll come back and
do a separate ballot for
the 2028 seat.
Okay.
But there's four open seats
right now.
Okay.
And they're all going to start
as soon as Jeff got to
thinking.
Yeah, right.
How do you figure the And I
said yes.
Three six
I announced the results of
the first round of balloting
for Emily but I received two
votes Francisco I'm sorry.
Rashida Lamar I received three
votes.
Scott Rodriguez received five
votes.
James Tyler Ruland received
four votes.
Congratulations to Scott
Rodriguez as filling one of
the vacant seats.
Another vacancy for this term
ending on JUNE 30th 2027
remains vacant.
Would you like to proceed with
another round of balloting?
>> Yes, Let's.
Yes, let's proceed with another
round.
If you all could please put a
line through Scott Rodriguez
since he has already been
appointed and you MAY vote for
one
.
>> Nobody received five
affirmative votes in this round
as well.
That received two votes.
Rasheeda Lamar how many you
received?
One.
James Tyler Roland received
four and Francisco Peralta.
Vargas received zero.
We'll go for another round of
balloting.
Yeah, let's try one more time.
>> Again as a reminder to cross
of Scott Rodriguez
.
>> James Tyrrell received seven
affirmative votes.
No other votes were cast for
any of the other nominees at
this time.
Congratulations to James Tyrell
Ryland for being appointed to a
low and moderate income
appointment.
Term ending JUNE 30th 2027.
Would you like me to proceed to
low and moderate income with a
term ending in JUNE 30th of
2028?
Yeah.
>> Yes.
Please proceed with the next
You will be getting a new
ballot for the new term ending
date from staff.
Please do not use the 2027 term
ending dates.
You were able to select two
candidates from this list for a
date starting on JULY 1st, 2026
and ending on JUNE 30th 2028.
I would ask that you cross out
Scott Rodriguez and James
Tyrrell Roland from this sheet.
You MAY vote for a male Barbara
Rasheeda Lamar and Francisco
Peralta Vargas.
The other two have already been
seated and appointed to the low
and moderate income appointment
with a term ending in 2027.
Again, if you can please raise
your hand once you have
concluded and staff will go and
collect your ballots
.
>> I will now announce
the results of the first round
of balloting and one will be
received four votes.
Rashid Alomar received four
votes.
Francisco Peralta Vargas
received five votes.
Congratulations to Francisco
Peralta Vargas for being
appointed to a term ending in
JUNE 30th, 2028.
We can do another round of
balloting for the second second
vacancy if you wish.
Council PRESIDENT.
>> Yes.
Yes, please.
Please be sure to cross out
Scott Rodriguez, James Taylor
Marlin and Francisco Peralta
Vargas on your ballots And then
please let us know when you
have concluded your vote
.
>> My little brother I will now
read the votes into the results
into the record And when I got
it I received four votes and
Rashid Lamar received three.
Nobody received five
affirmative votes.
So an appointment has not been
concluded.
Let's try one more round.
Staff will be I mean you
already have them.
As you know.
Please be sure to cross off
Scott Rodriguez.
James Tyler, Roland and
Francisco Peralta Vargas.
And please only select one
.
>> Thank you.
We received Emmanuel Varela
received two votes and Rashida
Lamar received five votes.
Rashida Lamar is appointed to
the low and moderate income
appointment with a term ending
on JUNE 30th of 2028.
Thank you, Council PRESIDENT.
All right.
Thank you.
Let's move on to the next
ballot.
The next ballot is for
the At-Large appointment.
There are several names that
you will need to cross off
because they were just
appointed to other seats this
afternoon.
Kelly Rusher rusher.
Oh sorry.
I will wait
.
>> Everyone has their ballot
Now if you can please cross off
Kelly Rusher Dixon Hazard
Martin Gallegos Munoz Rashida
Lamar.
Those were all appointed to
previous seats in the previous
rounds.
Francisco Francisco Peralta
Vargas was not appointed.
>> Oh yes.
Francisco Peralta was appointed
So him as well.
So the options are Emanuel
Barrera, Michael Allen and and
Hemant Kumar.
These are trial as well as
Christel Van.
Okay.
And there's two open to open
seats please vote for two.
>> And the terms are starting
on JULY 1st, 2026 and ending on
JUNE 30th 2028.
You select two candidates from
the At-Large category and
please just hold up your ballot
once completed so staff can go
and pick them up
.
>> I will now announce
the results of the first round
of balloting for the at large
appointment term ending JUNE
30th, 2028.
Manuela Urena received a three
votes.
Hemant Kumar due to trial
received zero votes.
Michael Allen Falcon received
six votes.
And Christel Van received
three votes.
Congratulations to Michael
Allen Falcon who has been
appointed to one seat in the at
large appointment.
One seat still remains vacant.
All right.
Let's go to a second ballot.
Please be sure to remove those
that we had before which was
Kellen Buckner, Arion Dixon
Hazard, Martin Gallegos, Munoz
Michael Allen who was
appointed in the previous
round.
Rasheeda Lamar and Francisco
Peralta Vargas.
Additionally, you MAY also drop
the lowest vote getter which
was Hemant Kamara a troll from
future balloting.
In line with Council policy 13
Oh no Announce the results of
the second round of balloting
and Madeline Batra received two
and Christel Van received
four.
Nobody received five
affirmative votes so no
appointment has been.
No action has been taken.
>> Since we saw change, let's
do a third round to see if it
makes a difference
.
>> Sure.
The results of the last one
were two for Emmanuel Pereira
and four for Christel Van.
As a reminder, the two left on
the ballot are Imanol Pereira
and Christel Van.
All others have been removed
from the ballot at this point
.
>> Same results are received at
two.
And Christel Van received four
.
>> Okay.
That's the same vote Currently
it's the same people voting but
I'm not inclined to do a fourth
one unless the council would
like to do Come on.
>> Okay.
And give it one more try.
Another round will go through
staff Will you have them?
As noted am I known about it
And Christel Van
am I wrote
about it.
I received one vote and
Christel Van received five
affirmative votes.
She is now appointed to the at
large appointment with a term
ending on JUNE 30th, 2028.
Thank you.
Council PRESIDENT.
All right.
>> Thank you.
Do you want to read off
the list of all.
Do you want me to.
>> I can.
You can.
All right.
As a recap, thank you to all
the candidates for
participating.
Putting your name out there,
filling out the forms showing
up today.
So here's who's Martin
Gallegos.
Munoz is the new representative
for district in the District
eight seat appointed to
the At-Large category are
Michael Alan Falcon and Crystal
Van.
Appointed to the low and
moderate income category ending
in 2027 is Scott Rodriguez and
James Terrell.
Roland for the low and moderate
income category for the seat
ending in 2028.
Rasheeda Lamar and for
Francisco Peralta Vargas is and
for the two seats in the youth
category Kelly Brewster and
Ariane Dixit have been
appointed.
And my apologies to both of
you.
I'm sure I pronounce that
incorrectly.
So again, thank you to all even
those who were not appointed
today.
You certainly are welcome to
either follow the vp seat Seats
do become available.
People do leave Are they
They're going to do
the background check first?
>> Yes.
Background check is concluded
after this.
Once the background check is
completed my office will
contact you for a swearing in
As long as everything's good
with the background check.
All right.
Again, thank you everybody that
participated And thank you to
everybody that had the patience
to watch the balloting
procedures.
So unless there's no other
comments or questions, we will.
Clerk Please introduce item 602
items.
>> So too is to amend sole
source contract for open gov
inc six votes are required
pursuant to Charter section 99.
If you're here I'd like to
speak to this item.
Please be sure to submit
the speakership to the front of
the room in the clear box and
if you are participating
remotely now's the time to
raise your hand by pressing
Star nine or the raise your
hand icon.
Thank you, Council PRESIDENT.
All right.
Thank you.
So give staff a chance to
settle in
now Think you're
settled in.
>> Please introduce yourselves
for the record and let us know
how much time you need for your
presentation.
>> Good afternoon.
Council PRESIDENT LaCava and
members of the Council.
My name is Patrick.
I'm a Deputy Director with
the Department of Chair of
the Transportation Department.
And with me today is Alex
Osvaldo, deputy director of
the Transportation Department
as well.
Our presentation takes about
five minutes.
All right.
When you're ready.
The item before you today
requests council authority to
amend the city's existing
contract with open gov
the provider of the city's
cartographic asset management
software.
We will start our presentation
with a contract overview,
provide some background on what
cartography is and what
services it provides.
Before we outline why
the software is so important
for the city and why a sole
source amendment was
recommended, the department has
used open gaps cartography
software under the current five
year sole source agreement
since 2021.
The current contract has a
value of approximately $540,000
and is scheduled to expire on
SEPTEMBER 8th, 2026.
The proposed amendment would
expand would extend
the existing agreement for an
additional five years through
SEPTEMBER 2031 and add up to
approximately 659,000 for years
six through ten.
This would bring the total
contract value over the full
ten year period to
approximately $1.2 million.
Funding for the service is
already included in
the department's ongoing fiscal
year 27 budget with
approximately $119,000 budgeted
for the current fiscal year.
This ongoing base budget
allocation would have to be
amended to account for any of
the increases due to inflation
.
With this I hand it over to
Alex.
Thank you Patrick.
So choreograph is a
Transportation Department
Specialized Payment Asset
Management System.
Carter complements the city's
sap enterprise system and it it
provides specialized payment
engineering capabilities that
sap is not designed to perform.
What it does is it uses
the payment condition data
collected through the city and
Carter Graph calculates
the payment condition index
the pci and models how
the payment conditions are
expected to deteriorate over
time.
These engineering analysis
helps us determine the right
treatment at the right time.
It allows us to maximize
payment life and make the best
use of limited funding for for
payment maintenance.
The system also supports
the development of our annual
slurry seal and rehabilitation
programs as well as the long
range payment investment
strategies.
And finally using specialized
payment management software it
is consistent with the industry
practice Many cities counties
and state dots use dedicated
payment management platforms
because enterprise systems like
sap aren't designed to perform
payment engineering analysis.
Such as pci calculations,
deterioration modeling and
lifestyle lifecycle
forecasting.
And why is this important?
So the cardiogram is much more
than a database.
It serves as the engineering
backbone of the city's payment
management program.
It maintains all of our
pavement inventory, historical
condition assessments,
maintenance history and
provides the analytical tools
we use to support the budget
development and long term
capital planning.
The platform is also integrated
with the city's gas environment
and the public facing
application such as sts sdk gov
allowing the residents to view
payment conditions and
the planned projects
The planned paving projects.
One of the key reasons we are
recommending continuation of
the current platform is timing
the city's beginning its
pavement condition assessment
this year during which every
street will be evaluated and
updated pci values will be
loaded into cartography.
This is one of the most data
intensive engineering efforts
that we perform.
So transitioning into a new
pavement management platform
during that same year would
require simulating Aeneas
migrating of historical data.
Configuring Integrating a new
system.
Rebuilding some of
the deterioration models and
the treatment decision Trees
that we programed into
cartography as well as
retraining staff with the new
platform.
So that would introduce
significant operational risk
During one of the city's most
critical pavement management
efforts.
Continuing with Carter Graph
would avoid the cost time and
disruption associated with
migrating more than a decade of
payment data.
Historical records, engineering
models and system integrations
which ensures the continuity of
operations during this critical
condition assessment cycle.
>> And this is our last slide
and it summarizes all
the reasons why it was
recommended to go with a sole
source extension.
Open Gov As a proprietary
computer software that has
performed reliably and over
the past five years like Alex
mentioned has become deeply
integrated into
the department's business
processes data reporting and
downstream systems.
Replacing the platform would
require significant
redevelopment customization
data migration testing and
staff training, creating
additional costs and potential
disruptions to the field
operations and reporting With
the upcoming pavement condition
assessment continuity is
especially important.
For these reasons extending
the existing agreement was
determined to be the most
practical and lowest risk
approach providing service
continuity and predictable
costs while avoiding lengthy
and complex system replacement.
This concludes our presentation
and we're happy to answer any
questions.
All right.
Thank you for the work and
thank you for the presentation
this afternoon and I will turn
it over to the office of
the rba for comment.
All right.
Thank you Council PRESIDENT.
So as you heard this is an item
of a request from
the Transportation Department
for the extension of a source
North Agreement for pavement
management software.
That contract is currently set
to expire in early SEPTEMBER.
Today that direct docket is
being driven by a need to avoid
a lapse in coverage for
the software.
While the cardiogram software
does provide benefits to
the city.
Our office does want to raise a
few procedural concerns with
this item.
First is just a concern about
timing.
While this contract has been in
effect for five years, our
understanding is that
transportation only began to
evaluate Looking for a
replacement in JANUARY or
FEBRUARY roughly six months
ago.
Additionally, it also appears
that the request to extend
the sole source agreement was
only made to purchasing and
contracting in late MAY.
And that sole source was only
approved in early JUNE.
It then took an additional
month before the item and its
materials were sent.
On one issue of last week to
our office for our own review
this timeline particularly for
a sole source extension really
doesn't provide enough time for
us to conduct a thorough review
.
And to that extent I want to
stress to both staff and
the administration that ample
lead time to review items
particularly when they are
direct docketed is crucial to
the city's oversight process
and to our own ability to vet
items that come before this
council.
Our more significant concern
however, is really associated
with this being for courier to
through a sole source process
during the abbreviated review
that we did conduct we asked
for justification as to why a
sole source extension for a
software package is necessary.
As you heard, extending
the contract does come with
some price certainty.
It comes with some operational
continuity as well.
But we believe it is also
important to ensure that
contract terms and amounts are
also competitive.
One of the criteria that
transportation used to justify
extending the sole source
agreement is that there is
limited competition for
the service and that
the department made an attempt
to find a second or multiple
sources to no avail.
However, we were not provided
with any additional backup on
this attempt and if it was
conducted it doesn't seem to
have been done through official
procurement channels such as a
request for information or a
fee.
And that type of a process
could allow the city to see if
there are other vendors that
exist that could meet
the city's needs.
All of this puts this council
in a pretty difficult position
today because not approving
extension could have real
consequences.
And this contract currently
only runs through SEPTEMBER.
But the system that it provides
maintains the city's pavement
management data and that data
is necessary for core city
work.
At the same time we have also
not had enough time to do a
full review of this item and we
have not seen that all
the city's procedures for a
sole source contracts were
fully followed which leaders
will see before for this
afternoon.
We do recommend that if council
moves to approve this extension
that you also request
the transportation Department
to work with purchasing and
contracting to conduct an rfp
process for other potential
pavement asset management
software and that you also
consider approving an extension
for only enough time as is
necessary to conduct and
evaluate that rfi.
This could potentially be two
years but certainly less than
the five year extension that's
currently being requested.
That concludes my comments.
I am available for questions
and at least for the next 15
minutes or so.
Jordan Moore is also on
the line from our office for
more specific follow up
questions.
All right.
Thank you Charles for that.
With that Clark, please proceed
with public comment.
>> Thank you.
Council PRESIDENT Maximilian
Schmidt If you can please come
forward.
You'll have two minutes.
After that it's allegedly
Audrey on.
Hi.
>> I want to talk specifically
about the pavement downtown.
What is for the extra 600,000
dollars we're doing to upgrade
the pavement software?
I guess this new software has a
public website streets sd.Gov
where you can go and see
the condition of the pavement.
I guess that's one of
the things that is included in
the $600,000.
What if we took that $600,000
and downtown we pressure washed
the pavement with twice
the frequency?
I actually don't know if it if
the pavement downtown is
pressure washed.
I mean like a high pressure
washer with powerful water to
clean because of the lack of
rain and sd powerful water to
clean off the sidewalks which
are downtown as we know could
be pressure washed with twice
the frequency for $600,000 And
I don't want to say it's
shameful but hundreds of
million dollars for the power
lines underground on and
talking about the pavement is
actually very important to me.
I think it's what makes
the city the city I think
cleans the sidewalks is one of
the most important things And
we need to pressure wash
the pavement more downtown.
It needs to be cleaned more in
pressure, washed more on And I
propose instead of upgrading
the software on pressure,
washing the pavement more and
paying for water.
I truly believe that downtown
the pavement could get
pressurized more and there's a
misallocation of resources
regarding the actual pavement
on.
To be frank the pavement near
City College and the East
Village and some places around
there and 12th and Imperial is
on.
To be frank the sidewalks are
discussing need to be
pressurized more if you're
going to.
>> Thank you for that
concluding comment allegedly
Andre if you can please come
forward and after that will be
Paul Kruger.
>> Can I make a point of
information or a question How
can seven of you vote and only
six votes be tallied for that
last item?
Someone MAY have declined to
vote.
You can decline to vote.
Okay just wondering It's just
interesting Wonder who switch
their vote any who this is very
interesting because you guys
always you know make sure your
back is up against the wall
when we're here.
Push in contracts and extending
them And I have a question as
far as because of its sole
source I mean in San Francisco
with open gov there were
donations being made to
the mayor.
The mayor's wife was making
investments in this company.
So I would kind of beg to ask
the question like what's what's
going on here?
Why do you guys constantly put
yourself up against the wall
to, you know, approve these
contracts?
I mean it's like why I mean was
there as you know, Charles was
saying was there due diligence,
the due process done to make
sure that there aren't other
companies So why are we picking
this one and sticking with it?
I just it's very interesting
the way you guys do business
And then as far as all of these
companies go and I and you know
all the data I continue to tell
you guys we need to be
concerned about these
monopolies these companies have
on government information And I
think we should be concerned
about all of our data because
this data has been collected
for years now and it's
something that is being
weaponized against the people
and it can be weaponized
against this municipality as
well.
And that's what's so terrifying
is that, you know, it gets into
the wrong hands.
And when you look at places
like China where information is
being used to keep people from
living life like even just
going to get gas going to
the doctor, going wherever, I
think we need to be concerned
about where our information is
going and not just be freely
giving it out like this
ignorantly believing that it's
going to be protected in some
way.
And so when the government gets
brought to its knees I'll have
to tell you guys I told you so
because you're ignoring
the fact that this information
is going into hands that it
shouldn't be.
>> Paula Kruger if you can
please come up.
>> Uh, thank you very much.
I just want to know I put a
neutral on my slip which I
often do and I know that was a
suggestion from someone and I
think it's an interesting one
but I'm here only to thank
Charles for his comments and
the work that his department
did.
I don't have any particular
knowledge of this issue but I
think that the concerns that
I've raised are really
important and really
significant and that I as a
taxpayer am really reassured
that we have an independent
office and voice reviewing
these processes.
If I'm not mistaken,
the departments that requested
this contract are overseen by
the mayor as the city's chief
executive and I think it's
really incumbent upon you as a
council to respond to Charles's
concerns and to get answers to
the questions that he raised.
That's all And thank you again,
Charles, in your office for
your work on this and all
the work you do even even at
times we've disagreed with you
on the trash tax estimate.
And so I think that the office
has proved itself invaluable.
I see that you're going to get
an attorney either today or
tomorrow.
I think there's some or perhaps
it's the auditor.
I think it's the auditor But
I'm assuming you do have legal
counsel or if you need it you
have access to it And I just
want to thank you again and I
want to thank the council for
for paying attention listening
to what Charles office produced
and pursuing.
Thank you.
We've got five minute timer and
going to those participating
remotely starting with 8700 If
you can please unmute you will
have two minutes for joy.
Senator Yes to the First
amendment to contractual
storage with open gov Road Rose
Road constituents dream of
them.
It's a big priority of the city
to software data is a big
priority also So I I'm for
the internet and all
the technology it offers us so
I do I'm counting on there
having had a good track record
of five years work already in
the contract with the city and
as Paul Kruger said so well and
I'd David this is really
important for us to listen to
the office of the eBay and Jody
Moore and everybody because
what they said is very valuable
and crucial oversight is so
important to contract So let's
do that.
But I am totally for this
contract.
It's a big yes on my part and
only one question yet Inflation
MAY push it up and we have to
come back again.
But do do data on inflation
with the software do we follow
inflation and then keep you
know, on top of that?
So that's the question.
Thank you.
It's going to be I've enjoyed
the cpi item the job of
the Philippine equivalent to
our Thank you Blair big man if
you can please them you Hi
Blair Beekman Yeah thank you
for the idea that offered an
interesting information to this
item and if it can be of help
you committee items in the past
week on the future of cyber
security issues for San Diego
and you're going to be our
future Cybersecurity policy and
practices are going to be
within the city itself.
You're not going to an outside
corporate source for the cyber
security issues so much you're
going to have someone in San
Diego city government which is
an interesting concept to
simply ask can the cyber
security keep in San Diego and
within city government?
>> Can any ideas they work on
towards policies and public
policy But cyber security can
be of help in any way to this
item because sometimes tech
accountability can be a great
help for other ideas in city
departments and stuff.
So I thought I would just
mention that at this time if I
can be of any help to
the questions on this item,
good luck in the procurement
process.
What that can work towards and
and good luck to tech
accountability can have a part
in it in some way towards
creative thinking.
>> Thank you.
Thank you.
Next is Hector If you can
please unmute.
All right.
A comment on this a few months
ago I think you should let
the contract expire and just do
that Do the road things
yourself in your own district
Like have the Girl Scouts and
the Boy Scouts tell you what
roads to do or schedules
problem set for another six
months in the future So they
can do those things and you
guys could determine what road
based on the community's input
what road should we do now?
It'd be good It'd be good for
you guys to get some brownie
points with your constituents
where they live and maybe
instead of him you got
the million dollars for this
contract because you already
got the information.
The roads don't change that
much and it's out there
Whatever they've done with
computer And we all know
the terrible roads where they
are.
It's not like I met and have
community involvement in some
mine to the to the Boy Scouts
and the Girl Scouts.
They drive around with their
parents and they know the roads
do with the mom stuff and
paying some money on the side
It happens Computer guys we've
all paid them.
They kind of get it in the end.
We're pushing it through which
doesn't look good And even if
you don't renew the contract
it's not going to do nothing
for six months.
You know the scheduling is
already out there and then we
just focus on the next roads,
do it for a couple of years and
see how it works because it
would be good for everybody and
it wouldn't be You guys can
make those decisions.
There's nine council places and
I would say even give the guys
south of eight like twice
the roads that you get north of
eight blown up you can hammer
that out on your own council
thing.
But anyway, thanks for your
time.
Thanks.
Thank you.
I'm out of time I to conclude
here in council chambers there
are three speakers in
the queue.
No additional speakers will be
taken.
>> Tony if you can please
unmute.
>> Yes?
Can you hear me?
Yes.
Please proceed.
Good afternoon City Council.
I wanted to speak up on
the point that was made by
the last gentleman that spoke
in chambers.
I'm not sure what his name is
but he always has really good
contributions.
He was thanking the independent
budget analyst and I wanted to
do the same and I love
the presentation given by
the city staff.
I love the input given and this
is going to sound really silly
but I actually had no idea that
we could register a neutral
position.
I don't Please please speak to
this If possible please let me
know if there's a there's not
like a slip in chambers So I'm
assuming that you just express
it this way vocally is how it
works And with regard to this
this particular issue, I think
it's interesting concept.
It's another thing I've said it
before I'll say it again I'm
not going to be done saying it
anytime soon.
It's so important that
the public attend these
meetings because there's
something to learn in all of
these meetings I had no idea
that we were even using open
gov and I'm like Googling what
it is and googling the whole
process of like you know,
storing government documents
and storing layouts for roads
and things like that zoning
etc..
So anyway just a kind of a cool
thing to learn about and
something that we should all
know more about as members of
the public.
So good luck with your decision
.
>> Thanks.
Thank you.
Kathleen Lippert, if you can
please unmute and then Judy
Strang is our last speaker.
>> Thank you.
Good afternoon, Council Item
six someone proposes to amend
their open government contracts
and Transportation Department
to manage the sidewalk and free
inventory But perhaps in my
limited understanding for why
Caltrans isn't isn't and
haven't been the responsible
party to manage pavement
sidewalk and tree inventory
Caltrans worker salaries in
the us are about 106,000 per
year well $51 per hour.
Given these lucrative salaries
and millions of dollars per
year, the city's stance on
litigation stemming from
streets to management and
managing pavement, sidewalks
and tree inventory why Caltrans
isn't already responsible for
the sat Additionally reporting
streets, sidewalks and tree
inventory should not be a
reactive complaint driven
process but a proactive one
proactively addressing
infrastructure issues to repair
is a proven strategy for
reducing problems and that
could increase more and more
costs of reactively addressing
those problems As was learned
when those jumping over temple
styles back east to avoid fees
or removing graffiti within 24
hours that prevents further
vandalism in the in in
the city.
The same holds true for
the city to ensure streets
sidewalks and public spaces are
clean and free of litter and
graffiti because when you
already have litter on
the streets people have a
tendency to just throw more out
there And I share Paul Kruger's
appreciation of the far more
likely less politically
influenced office of
Independent Budgets.
>> So thank you for his
comments as well.
Thank you for letting me speak.
Thank you, Judy Strang If you
can please unmute.
>> Good afternoon.
San Diego City Council.
As I was taking a look at
the PowerPoint I didn't at that
point have the aba report but
there seems to be some things
missing that the eBay showed
Shine a spotlight on is
the lack of data for the whole
five year period that's sitting
in SEPTEMBER.
I don't think we could go
forward with the vote until we
have more information And thing
that occurred to me is a model
that we might take a look at is
the counties as they call up
the traffic Advisory Committee
that's made up of community
volunteers each representing
some part of the county's five
super busy soil districts and
they collect the information
there at those super super
district level.
We could do the same thing here
in our city and collected as I
think Spencer suggested at
the city council level and make
quite a thorough list of what
roads and sidewalks need fixing
first And wouldn't the citizens
love that opportunity?
I can't think of an area where
we wouldn't care more than what
our streets and sidewalks look
like and more that would do
That could happen to improve
improve the safety around our
walking in our streets.
So perhaps we should take a
better look at this as they
call it the Traffic Advisory
Commission committee that they
have at the county level and
see how it works and see if it
has applicability to San Diego
City Council to do the work
ourselves or at least give our
citizens a chance to share what
they know because we will track
these streets.
Trust me we could give you a
list in each of our city
council district.
Thank you for that.
I share my thoughts this
afternoon.
>> Thank you.
And that concludes with a
comment on this item.
All right.
Thank you.
City Clerk This is an action
item that requires six votes.
I'm going to kick it off.
Thank you for the work to bring
this forward.
Clearly the department is very
happy with open gov My
experience using the online gif
maps have shown that it works
very well.
I think it's a very powerful
tool that public has access to
and I don't know if I'm
the biggest fan of
the operation side and
the challenges that you face to
do your work every day but I'm
certainly one of the biggest
fans on the council here.
Nevertheless the words of
the aba have resonated with me
given the fact that it was a
sole source before and it's
been proposed for a five year
sole source going forward.
So the question is not if
the five years but what lower
amount can we actually do an
opportunity as the as Charles
said to do an rfp to see
whether there are other vendors
out there that could do
the work, could do the work at
a better price to give a better
service.
I could talk about migration
from the open gov database to
their software going forward So
the question for staff is
suggested by the aba but I'm
not totally locked in to
instead of extending
the contract for five years to
extend it for two years that
would give you two years and
about three months to do an rfi
to identify whether another
vendor would be a better choice
or maybe open gap is still
the better choice.
Things like Question Council
member So it does take a long
time to migrate a lot of
the information If we were to
move to a different platform
you know the work that's been
put into open governance,
the payment management software
that we use it's other
engineering work that
represents years that we've
invested in it.
We're still working with open
guard to improve some of those
functionality to streamline
those workflows and that's
still an ongoing thing that
we're working with the vendor
on.
It doesn't make sense to to
abandon that work and start
over with the different
platforms because of all
the years that we've invested
to it.
But but certainly there the two
years would be sufficient to do
the RFIs check to see if
there's other vendors that can
perform this work And again
the majority of the work would
be making sure that
the migration from open go to
the new platform would work
with all of our guys and and
all the inventory history
maintenance history and
redeveloping all
the deterioration curves that
comes with migrating all that
information to a new platform.
Okay I know that that's extra
work but I think it might be
well worth it Or to validate
that open got really is
the best you know preferred
vendor for the services that
they execute So I'm going to
move the staff recommendation
but to extend only for two
years for a total of seven
years and with the appropriate
adjustment in the dollar amount
but move the staff
recommendation that only to
extend it for an additional two
years Do I need to do anything
else too?
>> There's a little more
information in the dollar
amounts Yeah we have to
recalculate the dollar amount
to be considered.
>> I would ask Deputy City
Attorney Bryan Garrity who's
been handling this matter
whether anything else would
need to be added to the motion
.
Certainly if this is approved
our office will revise
the resolution.
I believe it is You know, it's
an ordinance We will we will
revise the ordinance in line
with council's comments.
What I would ask MR. Garrity if
anything else is needed.
>> Good afternoon.
Council Deputy City Attorney
Ryan Garrity Yes.
Council Member Currently
the backup materials include a
signed amendment from open gov
under the current terms that
were based on staff's
recommendation in order to
effectuate the two year term we
would have to revise that
amendment and have it agreed to
by open gov.
I don't believe they've had
the benefit of this current
discussion so I don't know if I
don't know at this time if
those terms are acceptable to
open go but they would have to
accept them in order to revise
the amendment to then
incorporate the two year term
rather than a five year term
And that wouldn't be a problem
in meeting the SEPTEMBER or
SEPTEMBER expiration of
the current five year contract.
We could revise the ordinance
based on the direction today
and seek to have the updated
amendment document from open
gov as soon as possible to meet
council's authority.
Essentially council is
authorizing the Mayor to sign
an amendment for a two year
extension to the contract and
based on the dollar amounts
that staff have listed in
the staff report for
the corresponding fiscal years
.
>> Okay.
i appreciate that and I
probably don't need to say it
that I'm going to this is
obviously the difficult
position but council in coming
in at the last minute with a
fine fine and it's like I don't
know what I'm doing here And so
I don't know if my colleagues
will agree to that to you but
that's the motion I'm going to
put on the table for now And
we'll go next to Council member
Eagle River.
>> I think you guys PRESIDENT
Appreciate the flag coming over
and the comments there can you
I think I think council present
got a little bit of the answer
here but my understanding that
this process wasn't started
earlier because the belief in
that switching to a different
provider would just be too too
burdensome for the city.
Well, thank you for your
question.
So the department's goal is to
start the process usually for
all contracts that expire 9 to
12 months prior to their
expiration date.
So in this case we started
the process in JANUARY and we
we worked extensively with
purchasing and contracting and
the vendor to determine
the best course of action and
it was the ticket And I'm going
to jump right there because
this is where I'm starting to
get confused because the vendor
piece and there doesn't have to
be anything wrong But but that
baked into that answer sounds
to be it seems to be a
presumption that we're going to
use the same vendor.
Am I missing something there?
It might have come across this
way since I summarized all of
our processes but we determined
first that it was the best
course of action to go with a
sole source agreement amendment
before reaching out to
the vendor to discuss it in a
more detail.
What factors determined that it
was the best course of action
to go with the sole source?
>> I would have to get back to
you on the details but in in
the short it is summarized in
our sole source memo that was
approved by purchasing
contracting and we can if it's
not attached to this item we
can certainly provide that
document just because it looks
like our interim director of
transportation would like to
hop in here.
>> Good afternoon.
Larry Chavis, interim director
for Transportation Department.
And just to emphasize that this
has been in collaboration with
purchasing and contracting.
Got it.
Yes.
Thank you.
I think what we're I'm trying
to what I'm trying to
understand I guess is what
keeps the process competitive
after a vendor has secured a
contract with us.
In other words, if we're
telling the outside world
the folks who are supposed to
be competing for business with
the city that if they can just
get their foot in the door with
us that the city's not going to
be interested in going in a
different direction.
Why would they ever work to be
competitive to make sure that
we're happy and this isn't had
has had actually nothing to do
it open what I'm just I feel
like I'm seeing real process
flags and you know it's not
the first time it's popped up
but it just everything that
Charles just mentioned and some
of the responses to what's been
raised is making those flags
fly higher and look brighter
than ever before.
>> Thank you for the question.
Councilmember Julio Rivera
Claudio Baka, director of
Purchasing and Contracting.
So with every procurement we
typically as the contract is
about to sunset, each
department needs to assess
whether or not they need an
additional contract to replace
that.
When they are doing that
typically we will put it out to
bid again for instances with
software because technology
changes so quickly.
There is there is an
opportunity to go out and see
what else is in
the marketplace.
At minimum we would do a
request for information.
The request for information at
least allows us to see what's
in the marketplace and given
the needs that are identified
by the Department, if there are
respondents to the rfp then we
would then issue a request for
proposals and do a full blown
procurement process.
But we should be doing open
procurement any time a contract
is due to expire.
>> I agree.
So so what happened here?
>> All right.
I'll turn it over to you.
Naomi.
>> Councilmember Ella Rivera If
I MAY add a staff shared
earlier in the presentation it
a lot of it had to do with
the timing.
This council approved
the follow up to the payment
condition assessment which it's
a best market practice to do
every four years.
This would be the fourth year
It was critical to have
comparative comparable data to
be able to really see
the condition of our roads and
have an apples to apples
comparison from the assessment
that was done in 2023 I believe
to the one that we're we'll be
taking place this fiscal year
2027.
So now we just to make sure I
understand that part In other
words, if I'm hearing you
right, council assigned
the department work
the assessment and with that
assignment came the need for
the software.
But do we not need the software
either way?
So the need for the software
would remain.
However, it is beneficial to
have the same provider of
the of the assessment or
cartography in this in this
example to have the best
comparison, the best data sets
and the best information for
the assessment that will be
presented to council.
Right.
Which brings me back to
the other point though If that
is the city's position then are
we incentivizing
competitiveness from our our
vendors especially once they
get the initial contract with
us?
So need for the department will
need for this year if it makes
sense or the recommendation
would have been the sole source
And just just given the follow
up to the pavement condition
assessment it would have been
based on the challenges that
that staff presented earlier
And besides the migration and
everything it's it's it's it's
really having the data
the continuity the same
degradation of the curves and
all of the assessments that we
had in 2023 and using current
assessment of the roads for
this year.
Yeah I understand that I don't
I don't want to go into
circles.
I just I think what I'm what
I'm concerned about is again
that once we have a certain
contractor do an assessment and
doesn't doesn't have to just be
a roads once they start doing
work in our city this is not
the first time I've heard that
that moving And it's not just
transportation either moving
work to a different software
platform or provider would be
an enormous undertaking And I
want to know what the city is
doing earlier on in
the processes to protect us and
protect our resources so that
the inconvenience of of another
option doesn't create an
environment where we're not
getting the best price
possible.
So that's where I'm going with
that.
I appreciate the responses.
Charles.
Thank you again for um for
flagging this to council
residents Point not an ideal
position to be in today Um but
I do I do think it's important
to understand what is is
changing in terms of um at this
point we should and we should
know which sort of contracts
are most likely to end up in
these sort of situations and
take measures earlier on to
provide the city with as many
options as possible And if
the best decision is ultimately
to continue with the provider
that we're using, great.
But let's make sure that that's
earned rather than a default
out of that you know, because
it seems more convenient or
because the switch would be
untenable given the timeline
that that's provided.
So um I'll second the motion
but not particularly happy
about how we ended up here.
All right.
Thank you Council members.
So we have a motion by myself
that is was displayed on
the screen which is to move
the staff recommendation except
to do it for a two year
extension and second by
yourself and I'll quickly throw
in because I don't like to put
them in motions that this would
require the department to move
forward either with an rfi or
an rfp.
We'll leave that in your hands.
I see co two there in the back
is nodding yes.
So with that I will now go to
Councilmember Van Wolpert.
Thank you very much.
Um I have some questions about
the software itself to uh one
I'm glad that we are doing our
pavement condition assessment
as we should be and we actually
have a pavement management plan
that did not exist before many
of us were up on this dais.
Now funding it is a different
challenge of course where you
can only do as much paving as
the city budget can support but
at least we know what we're
supposed to be doing.
One question I have though is
did do we know our districts
really well and I know for
example the Karl Mountain Ranch
Road in my district was an
absolute disaster and people
were getting potholes.
We ended up going to close
session and paying out I think
$600,000 for an injury crash on
it.
That happened again.
Rancho Bernardo wrote about
Arts Center Drive I've been
telling the mayor's staff for
two years that this road is
horrible.
It needs to be fixed.
The contractor was a mess and
we just went to close session.
We paid another $600,000 out
with a motorcyclist who got
injured.
>> So these roads are major
thoroughfares and they're going
to have thousands of people on
them.
I understand why we have to fix
every road in the city
including cul de sacs but
the cul de sac is less likely
to result in a major liability
payout which then reduces our
ability to pave other roads.
So how can we provide this
information in a useful way to
the Department Transportation
to say there's literally an
accident going to happen on
this road?
i am the council member of this
district.
I hear from my constituents all
the time Why can't we put that
in the software to prevent
liability and then we can use
the money we're not spending on
lawsuits to pave the roads more
.
>> Thank you for that question.
Councilmember Van Wilpert So
the software does make
recommendations for the best
value for the funding that we
allocate each year to
the pavement program So it does
provide and recommend those
streets that are recommended
for street rehabilitation and
that we either provide as a
standalone pavement projects
that ecp manages or we we put
that as our our into our
Midland Pay program.
The majority of the streets do
go to maintaining the roadway
that are already in good
conditions and maintaining
those because you get more bang
for your buck in trying to
maintain those those roadways
for slurry seals and keep seals
and so forth.
So because of the limited
funding that we do have each
year, of course we don't get to
address all of the recommended
streets segments that
choreograph open gov recommends
to us So we do make those
selections based off of our
field verification.
Our engineers go out there and
select those streets, do mark
out.
We also coordinate this year
with council members to let us
know if there's any particular
roadways that are really high
priority for them that we have
been incorporating and
potentially swapping in our
million pave streets.
So those things are things that
we're incorporating with our
streets election year after
year to make those types of
improvements.
>> Got it.
Well that had not been I have
not had that experience as a
council member.
I have been bringing things and
not to you in particular
obviously to to whoever I'm
supposed to talk to you to
Bethany or to Eric Dargon when
I was here or anybody I mean I
brought in spreadsheet sheets.
I hand them to the mayor's
office and said these are
the roads we're getting
the most complaints about and
they're major thoroughfares.
And then two big accidents
happened.
We've paid over $1 million in
liability.
I feel that I am not being
listened to.
>> What I'm trying to tell you
which roads could result in
liability And so I don't either
the software system that's
blocking us from doing this and
how can I better communicate so
we don't have liability on our
streets?
Thank you for the comment.
Consent Council member Von
Wilpert And as we have shared
with with Council on our
overall pci scores citywide we
did a brief assessment of even
just the single digit streets
at the city And based on
the funding that Transportation
Department receives it would
take over ten years to just
address the streets in
the single digits which of
course then as we move into
the tens and the 20s then all
that to say is that there is a
great need citywide And as much
as we try to prioritize and
select streets to prevent
further the deterioration as
Alex mentioned just the overall
need is is great but we are
more than happy to work with
your office and and take any
any road selections or any
anything that your constituents
are bringing and see how that
would fit into the selection on
an annual basis.
And Councilmember I could add
on I feel that the coordination
between officers has been
successful in reallocating
certain slurry miles to more or
higher priority areas.
I realize it's never going to
be enough.
There's always going to be a
need somewhere out there but
taking miles that are already
allocated to your district to
reallocate them or assign them
to a different area that is a
more high priority for your
community is something that
we'll continue to do And I
think we have a good successful
track record of doing that
together So far for cota only
after the accident happened.
That's what I'm trying to say.
>> I'm not going to vote for
this.
I'm frustrated This Thank you
Councilmember Von Wilpert.
And we should emphasize that
you were the leading voice a
few years ago to actually get
the pavement management
reinstated.
You did And we found the money
for it back in the day.
So with that we will go to
council member Foster Um okay I
this is a little difficult I
understand the ibus comments
and let me see if I could just
make sure I understand what's
before us.
We have a contract that's going
to expire soon correct.
And when is what is that
expiration date by SEPTEMBER
8th I'm sorry SEPTEMBER 8th,
2026 or 2026.
Um and so clearly the staff
unfortunately got behind in
moving forward appropriately
right?
I guess in regards to an rfi
and a subsequent rfp But just
as I look at this and I
understand the two years but I
like to think even if we made
the rfi we made the rfp that it
seems if there's another
contract that is another
contractor that is selected I
would assume we would do this
like any other software where
there is a transition time
where we have both under
contract is that the case or
not the case in this one?
And essentially what I'm
getting at is we could do
the two years to hold staff
accountable but we'll be right
back here before us either with
better news that you're able to
move forward or worse news that
you're not.
But I'm assuming there will be
a transition period to um as we
go from one platform to
the other like we do with
anything else.
Correct.
I will defer to the department
on particulars for for what
their needs will be But
generally yes we would have to
under contract.
We also have to consider if
there MAY be a protest period
if something goes wrong and
there are additional delays two
years MAY not be enough
throughout the process.
Council over the two years that
I suggested just trying to
think of what the short as
potential time is if there is a
potential the rfa goes out and
there is no one else who can do
the work right.
I don't know if that's the case
but part of the issue of this
being direct docketed in my
office only getting information
on this like Wednesday through
Friday of last week if I can't
answer that question right now.
Right.
So if you end up needing to do
it for a fee and switch to
another one.
Yeah you probably do need to
build in some time to actually
transition things over Maybe
that transition time gets
faster with new way out or I
don't know But our initial
recommendation is is going to
be however long rfi is plus a
year or two Two years seem to
be something that came up when
we were having conversations
with staff This morning.
Okay.
I guess my my next question
will be as we went into
the additional contract term is
I'm assuming it's a five year
it's a five year contract one
year terms right option to
renew.
Is that how you guys ran this
this new Yes that is correct.
Five year extension with one
year terms that are b7 correct
When you guys establish
the when you guys just went
through your negotiations, was
it based on cpi index or was it
did they just work up whatever
their fresh numbers were And is
there any are there any
guardrails that we're taking
into consideration or were they
given an open and open path to
provide you with whatever
numbers they wanted to?
>> And so continuation of that
current annual price which
incorporates the 3% annual
inflation and starting with
your six it accounts for a 5%
annual inflation rate.
So it's it continues to
increase year over year first
by three years and then at 3%
and then by 5% four years six
through ten which is at a is
that in accordance with
the price index?
Right.
I'm trying to try to understand
what we did.
Did we give them an open
checkbook or do we have some
guardrails?
That's what I'm trying to
determine So yes, that is
correct.
5% is the max allowable?
They still have to justify
submit a request to justify
the 5% would be the maximum.
I do want to clarify the term.
The additional term is a full
five years that was requested
by the department.
If there is an idea to do one
year with for one additional
one year options that could be
a change to the amendment as
well.
>> Okay.
So you guys did a straight
five.
Interesting.
So you had different intentions
coming here today.
Is that what we're to
understand I guess that's okay.
Don't worry about it.
I'll conclude there and turn it
over to my colleague.
All right.
Thank you.
COUNCILMAN Foster will go to
council PRESIDENT Pro Tem Lee.
>> This is getting difficult
There.
I hear you.
But the needed for the software
and why it's valuable I think
that's come across pretty
easily.
I think I'm just perplexed at
the timelines here and as
Councilmember Foster just
pointed out, the first five
years of the sole source
contract that we already
approved in 2022 already
allowed for 3% annual increases
But it factored in
the potential that if we were
to extend it that the annual
increases would jump to 5%
instead of 3%.
Is that correct?
>> So if we if we extend this
the next even two years right
now it's accounting for a 5%
increase inflation factor which
was a jump over the 3% that was
built into the original five
year contract.
So the 5% is part of the new
contract amendment negotiations
and was not included in
the original contract.
>> So you started the process
to consider extending this
contract in JANUARY?
That is correct.
When was the approval for
the sole source given
the official memo that was
approved and signed by
purchasing and contracting was
JUNE 4th I believe.
>> And so it's from JANUARY to
JUNE.
I mean it sounded like when
Councilmember Little River was
asking the decision was made
somewhat early on that
the preference would be
the sole source.
Yes, there was a recommendation
that came out on transportation
working with pnc on options on
how to extend services with
this vendor if you don't mind
me asking especially since you
know this has to go through
purchasing and contracting and
and you know when you go
through that process you check
a number of boxes for what
would justify a sole source
contract And one of those I
believe is something about
market competition and
understanding whether the city
would benefit from a
competitive process And that
was not correct.
I mean I would imagine if we
had done an rfp or even a loose
evaluation of vendors it would
not be difficult for us to come
back and say the argument that
you've made which is that this
is the best vendor option we
have limited options to come up
with that but I don't doesn't
feel like that's actually been
confirmed In this particular
case a formal rfi was not
requested from the department
in their justification to both
purchasing and to I believe
the attorney's office.
They indicated that they had
done their own market research
and did not find any additional
firms.
That was part of their
justification and
the department's justification
.
How long does it typically take
to conduct an rfi, an rfp
typically less than 30 days can
be as quick as a department
like so even if that was a box
that we wanted to check, that
would not have been a difficult
box to have checked at the end
of a five year contract term
for a sole source contract.
Is there a reason why we didn't
do that?
I can perhaps answer that
question, COUNCILMAN Really?
So the contract itself is house
because it's software in our
I.T fiscal division and so from
when they start the preparation
of the renewal of the contract
because it's expiring they
coordinated with the engineers
that actually use the software
and so forth and based on
the engineers input it would
take a lot of work trying to
you know migrate all of this
historical data.
The inventory that we have
that's been program as part of
the open gov cadre graph into a
new platform So they took those
into considerations As far as
the length that it would take
to migrate all that information
because we're doing the payment
condition assessment this year
and having collecting all that
pci data for the streets and
putting it into Carter graph
and needing to have that Carter
graph be available so that we
can compare that with the 2023
assessment that was done That
was also in Carter Graph So we
could do an apples to apples
comparison.
So you're right that there
could have been an I done as
far as I know there is a
competitor called Street Saver
that that could be done that
actually used streets They were
working for other municipal
agencies and it also has its
ups and Dallas just like Carter
Graph does and so the engineers
coordinating with our I.T
fiscal team decided that it
would be best if we just had
the extension for this contract
because of all the work that's
been invested putting
everything into this Carter
graph the five years we think
is a sufficient time but
certainly we can we can go out
to bid with the two year
extension and see what else is
out there.
So when council PRESIDENT Like
I've asked in the beginning
when you kick us off about just
extending it two years instead
of five whether that would be
feasible I had an immediate
frustration when you ask that
council PRESIDENT Because
the answer was not yes, that's
possible And here's the time
from which we could be done.
The answer was it's really hard
to make a switch and therefore
we didn't look at it.
And then now I'm hearing
the actual answer to how long
it takes to conduct an rfp is
30 days.
I don't have any more questions
at the moment.
Council PRESIDENT I think
clearly there is a lot more
work and information to be
provided here and a little bit
more due diligence on our side
to to get this across
the finish line.
And so if I could request that
we return this item to staff re
docketed the first week after
returning from legislative
recess that can give us enough
time to engage with pnc on a
potential rfi if the if
the timeline is truly 30 days
as well as to give the aba's
office enough time to finish
their assessment and provide a
recommendation.
Well now that you've made that
COUNCILMAN Whitburn here on
the lights Thank you.
I'm excited.
So I'll just have a few
questions here.
>> So the decision not to do an
rfi was housed in it.
>> So this was a joint effort
between I.T team and
engineering and has a
management team we use
the software and pnc
recommendations Can I MAY a
support when you say that I.T
team and the engineering team
you mean the teams within
the transportation department?
That is correct.
So okay I gotcha.
Okay thank you.
>> So I think you make a very
compelling strong case for why
it could very well make sense
to stay with the same vendor
because you get an apples to
apples comparison that way.
But that's also going to be
true in perpetuity.
You set yourself up for a
situation where we can never
switch platforms because to do
so would inherently result in
forgoing the apples to apples
comparison.
Is there a cost associated with
doing that rfi Or is it just
you just send it out and see
what you get back?
I mean is it literally that
simple?
There is no cost associated
with doing an rfi.
It is just us The city would
identify what their needs are
to see who MAY be able to
fulfill them.
It's just a very simple
response If we get a response
from interested parties that
show that they MAY have
available products then we
would have to do a full blown
rfp.
Is there any reason why we
can't just make it a city
policy that any time we've got
a contract up for renewal we
just do an rfi And is there any
downside to just doing that?
>> a Typically we will do
instead of doing an rfi we will
do an invitation to beta rfp.
We will skip the step because
it's not necessary In this
instance the department had
indicated there were no viable
companies and that's why that
step was not taken.
But typically an rfi is just to
see what's in the marketplace.
Otherwise we will follow a
regular procurement process.
Okay.
So it sounds like the one
instance in which we don't
solicit the potential for other
bidders is where we go into it
thinking that it's going to be
a sole source.
But that's sort of a
self-fulfilling prophecy.
I mean wouldn't even in a
situation where we think
there's only one qualified
company wouldn't it behooves us
to at least do the rfi anyway
because you don't know what you
don't know.
Let's see what we get back.
Yes, certainly.
So is there anything else I
mean in your mind from where
you said is there any downside
in just making a policy that we
always whether it's you know,
something new or a renewal do
some sort of competitive
outreach?
>> Yes, certainly we can do
that at minimum it would be an
rfi but for the most part it
would be an invitation later a
request for proposal.
Do you need something from us
to effectuate that or is that
something that we could just do
going forward Now we can do
that going forward.
Okay.
Thank you.
I appreciate that.
Last question just in regard to
the timing, SEPTEMBER seems
like sorry JANUARY seems a
little late to have gotten
started on this anyway.
Was there any reason why we
wouldn't have started on that a
little bit sooner than that
anyway Or was it just again
because we decided it was to be
a sole source and didn't that
we did a damage type?
Well, but I mean even if we did
decide there was a sole source
here we are.
Okay.
So it did result in kind of a
crunch time I believe
the division's process back
then was to start the process
of renewal 9 to 12 months prior
to the contract expiration
date.
In this case unfortunately they
ended up being more towards
the nine months prior to
the expiration date.
Since then we have reviewed our
internal process and updated
our tracking tools, our
contract dashboard to make sure
that we will start any future
process of contract renewal
earlier too to not get into
the same situation again.
Okay, good.
All right.
So so basically going forward
you don't anticipate this
occurrence again with
the timing?
Okay.
What's let's just add a little
bit kind from my perspective to
that side.
I think transportation like
they usually do in goods and
services contracts that are not
necessarily it When we look at
what the contracts like to use
bringing forward for whether or
not they're doing like they're
starting this process 2 or 3
years before a contract expires
those contracts I assume are
probably not as typically in
transportation to your house if
they are in it.
But I mentioned that might be
some of the one department does
9 to 12 months that make sense
where goods and services
contract for Nike contract
which is a service but it's a
specific type right longer kind
of time horizon for evaluating
that's probably more
appropriate.
Makes perfect sense to me.
My only interest is just
hopefully what we can do to
avoid some of the situations in
the future that seems to be if
we're doing rfi is going
forward on a regular basis in
this sort of a situation and
have a process in place so that
we don't get into the time
crunch like we did here and
we've addressed the root causes
of these issues.
So based on that I'll be
supportive of the motion that
my colleagues still want to
move forward with it.
Do you have a second?
Yeah.
Okay.
So before going back to
Councilmember Ella were there
and cooling off a little bit I
think go to your suggestion to
return this to staff.
I think a lot of questions and
a lot of confusion, a lot of
frustration on the council That
doesn't all add up to a good
thoughtful informed vote.
We do need six We MAY only have
six here So it cuts it even
finer by waiting till AUGUST.
So I'm going to take
the privilege of the chair and
I am going to call for a vote
because we are clearly in
deliberations that we simply
return it to staff and with us
to be docketed the first or
second week back there and that
should give you enough time to
a brief council members on this
.
It should give you enough time
to perhaps have a rfi on
the street by then That might
give us some formative answers.
It MAY give you time to explain
why the open cut bid is dated
FEBRUARY 25th and it might also
explain why open go find
the amendment On SEPTEMBER
23rd, 1986 Look it up It's real
so those questions can be
answered And with the courtesy
of my colleague to second on
the original motion I think
sending this back so that we
can all build a better
confidence it narrows it down.
We would just be returning to
the staff everything else that
I said would be a request given
what council has said yet just
make sure I'm understanding so
that instead of the motion in
front of us we would be voting
to send it back to staff,
correct?
Yeah, I'm certainly supportive
of that and I appreciate
the questions that colleagues
have asked.
I think and Catherine Whitburn
was getting to this the general
like standard approach of at
minimum seeing what else is out
there.
I just don't I don't see what
the city has to lose in that
situation And I'm going to say
it even it's going to people
off.
This is why we want someone in
charge who's across the board
is standardizing practices and
procedures for things like this
And there's people in the room
who are bosses but the boss is
not here and that's why we get
frustrated It speak for myself
that's what I get frustrated
And the refusal to acknowledge
the benefits of having a person
who is solely focused on
the operations of the city who
can speak to and answer for
the way things are done at an
operational level.
So I'm very supportive of this
Going back I have no idea why
this wouldn't be common
practice and I'll just have
this part and this isn't even
like I said out of the heat of
the moment it's just a feeling
that continues to persist.
It's that the governance of
this council at times feels
like an inconvenience and it
can't work that way because
time and time again the council
I think actually really works
to make sure that we're keeping
the gears turning in the way
that we know they have to turn.
But taking that for granted and
pushing us in a corner is also
it just it's not the way and
finding ways around us being
able to govern in the way that
we we need to govern is also
not acceptable.
So I'm glad to see this to be
returned and I appreciate
the attention to detail that
you just provided and I surely
hope that in the future
the very, very basic question
of who else is out there that
could have offered this and
could they have offered it at a
similar product at a better
price at a bare minimum That is
a question that every single of
our constituents deserves an
answer to and we should be able
provide an accurate answer to
that.
>> Thank you.
All right.
So we have a motion by myself
in a second by council member
Eli Rivera to return this item
to staff And we'll go next to
Councilmember Whitman Just very
briefly I wanted to check and
see what is the timing because
I tried to work.
Councilmember Yes.
So you have our commitment that
we will come back at that time
frame.
We will have issued an rfp at
that point and we'll have a
full understanding about what
the local market will bear And
then you'll have in front of
you a determination with
the full facts about whether or
not the sole source is
appropriate at that time If not
if you choose not to vote for
the sole source at that time
based on information that's in
front of you will have a lapse
in the software package at that
time.
But we'll have to determine
the road forward at that point.
>> Okay.
Thank you.
All right.
I think that's my weapon.
We'll go next to council or
excuse me we'll go back to
Councilmember Bond Wolpert
Thank you.
>> I have a question.
What does the contract expire
SEPTEMBER 26th for What?
And we were back from put it
back on AUGUST 24th or 25th.
Okay So you can do it before
that?
Yeah I got to any vote for this
if it's expired So thank you.
All right.
Thank you Council member We'll
go to Councilmember Campbell
Thank you.
>> Council PRESIDENT Just
briefly want to make sure that
I understand what this is about
The oci, the overall condition
index for city assets.
I think I recall correctly that
in 2023 what is involved with
our streets in our city
throughout our city and I
believe that it has been many,
many years much more than four
I think even more than seven
since that kind of an
assessment had been made.
And I also think I recall that
they used some kind of
ultrasound to check on
the street And how many miles
of streets do we have?
It's an incredibly large number
of is a very large city about
6600 miles.
>> Well, I saw something in
your about 6600 lanes laneways
or something.
Correct.
Was lane way the same as a mile
Lane Miles Lane miles.
Okay.
So we're doing both sides of
the streets.
It's a lot at any rate.
>> Am I correct that it was an
ultrasound kind of a machine?
Yes, they do The laser when
they do the assessment they
have bands that does the laser
evaluation of the street.
So we're bouncing the light off
the street to see the depth of
the holes in the cracks etc.
Correct.
Okay.
Well my understanding at
the time was that that was kind
of a new process and that this
was one of the few companies
that did it.
Now am I correct in that or at
that time it seemed like that
was the only people who really
could do this Is the really we
think there is other if you're
referring to the pavement
condition assessment Council
member that that one is we're
doing the rfp for that
currently We just pass that on
to purchasing contracting to
build an advertisement so that
is in route to to be advertise.
>> Okay so this contract is
only for the software that
the software correct Then goes
our pci evaluation
the deterioration curve
modeling and so and then
the recommendations for
treatments It's that computer
software.
>> Okay well I agree with us
Let's let's get it back there.
Let's do the rfp.
Let's change policy though so
that whenever something comes
up we do an rfp.
I suggest we start at least 12
months at a time because if
you're doing the three
different departments as you
mentioned, it takes a lot of
time for somebody to get
together and get on the same
page, etc. So I think I think
we should start earlier and I'm
glad that we're going to send
it back and you're going to
have a lot of work to do pretty
quickly here.
There MAY be other companies
that in the ensuing three four
years have come up with a
method of doing it.
As I recall, it took a year or
two before that actual physical
assessment of the oci took
place and then we had to put it
into computers and get it all
organized right?
So it's a long process and it's
very worthwhile and it shows us
which streets should be our
priority to fix.
And so I think it is very
important.
I'm glad it's going back.
I'll be supportive of that and
I wish you luck in speeding
things up and being a little
bit more on top And I'm
interested in what the number
of people show in regard to
actually measuring the problems
in the streets.
Thank you.
All right.
Thank you Council member Okay.
So the motion on the floor is
to return it to staff.
I made the motion Councilmember
Sheila Rivera Seconded.
Clerk Please call the roll.
>> I'm sorry The voting system
Please cast your vote That
passes unanimously 7 to 0 with
Council Councilmember
originally Councilmember Campo
Absent the accounts.
PRESIDENT All right.
Thank you to everybody in
the Transportation Department
And now getting these
conversations and the work you
do for us every day.
So with that we will now take
up non agenda public comment
Council members respect and
appreciate the public input and
are fully committed to
protecting every participant's
free speech rights at council
and committee meetings.
>> Clerk Please proceed with
public comment.
Thank you.
Council PRESIDENT For all $2.7
million public comment is an
opportunity for members of
the public to comment on items
that are not on the agenda but
within the subject matter
jurisdiction of the City
Council.
Each speaker will have two
minutes.
Please note if there are eight
or more speakers on a single
topic either in-person or
virtual the maximum time for
the topic will be 16 minutes.
If you're in chambers please
submit your speaker slip.
If you're joining us virtually
please raise your hand to speak
by tapping the raise your hand
icon or if your card
participants start nine we can
have Kate Callaghan please come
up to the microphone.
After that we have Paul Kruger,
Yusef Miller, Maximilian
Schmidt and allegedly Audra if
you all can please come forward
to the front row for better
meeting management you can come
up to the microphone and begin
when ready for that.
Much better.
Thank you.
My comments have to do with
the closure of the Mission Bay
restrooms On JULY 10th
the Union-Tribune ran an
editorial headlined Petulant
City Closes Mission Bay
Bathrooms to Punish Tax Weary
Residents.
The editors wrote this This
decision isn't just obscenely
elitist it's also dangerous on
public health grounds.
It is a punishment aimed at San
Diegans who are increasingly
hostile to the constant push
for higher fees and taxes.
And the savings are tiny
$546,000.
You could get that amount by
eliminating five vacant city
positions.
It's time for residents to rise
up and demand that elected
leaders and their petty assault
on their own constituents.
Enough is enough.
How many of you have ever been
at Mission Bay Park with a four
year old who desperately needs
to use a restroom?
Anybody?
If you'd had that experience
you would know why this rather
small funding cut is having
such a large impact and it
seems incredibly cruel.
The Union-Tribune suggests
payroll cuts to restore
the funding to keep
the bathrooms open.
We know you won't do that.
You will not part with
the staff.
So let me suggest another way
to pay for mission Bay
Bathrooms To stay open you're
going to spend 2.2 million to
remodel a walkway near
the Santa Fe depot.
Think about that.
You can find $2 million to
beautify a downtown alleyway
but you can't find a half
million to keep public public
beach restrooms open.
So think about this.
Get rid of some of
the embellishments on
the beautification of
the alleyway.
Take 600,000 out of that
project and put it into
the Mission bay bathrooms and
keep them open.
It's not too late.
>> You can do this.
Thank you for that comforting
comment.
Paula Kruger Thank you very
much.
I'm also here to talk about
the Mission bay restrooms.
You've seen this map of
the closures.
I don't know how you do it but
you need to reopen these
restrooms.
It's vitally important.
It's a matter of public health
as you've read just a personal
note, you have a comment from
someone who's urging you to do
whatever it takes to keep them
open and said that they have a
intestinal bowel disease called
Crohn's disease.
I had ulcerative colitis for 12
years.
You know there's a hundred
hundreds of thousands of people
who need to use the bathroom
when they need to use it and
that would mean not giving
the mission back for these
closures.
I am not going to cast any
blame.
I'm not going to make any
references to motivation about
punishment.
I don't care what it is or why
we've done this But they need
to be reopened.
There's nine city council
offices in the mayor's office
that makes 1050 $4,000 from
each of you.
Kate suggestion about the alley
is an excellent one.
Look, if you can't find
the money I guarantee you there
are volunteer groups out there.
I ran with them there.
They're joggers, there's
walkers.
How many five kids can we have
out there?
There are people who will man
these restaurants.
I mean these restrooms If you
can make some agreement with
labor groups if that's what it
takes.
Lastly, I just want to say that
I understand the budget
restraints.
I hope that you at the same
time understand the skepticism
and frustration of voters And
if if 100,000 people could have
heard what you just heard about
what I will say is
the incompetence of the city
staff, then maybe you would
understand again why people are
reticent to vote.
>> Thank you for that
concluding comment.
Yusef Miller If you can please
come forward.
>> My name is Yusef Miller
Saving lives in Custody
California and it is impossible
for me to overstate how
impactful MISS Kelly Davis was
to the entire county of San
Diego.
And I want to highlight some of
the things that makes her such
a giant in our county that
impacted not only our county
but the entire state of
California.
In her research on in-custody
deaths in San Diego County from
city beat all the way up to
Union-Tribune galvanized a
organization of people making
sure if we want to make change
to that called Saving Lives in
Custody campaign that saving
lives in custody campaign
inspired people to encourage
the state to come in and look
at San Diego County on
the in-custody death rate That
audit came in and decided that
we have problems that we need
to fix that sponsor a saving
the Lives and Custody Act that
was done by DR. Akilah Weber at
the time she was assembly
member and that bill made
changes towards in-custody
deaths with the pcc with a
companion bill sb 519 Both of
those passed into law from
the background of in
the foundation of the work of
Kelly Davis when when this
happened all of the state is
looking at San Diego what's
going on impact of family
members that saw how they
the family members here in San
Diego were represented they
also started doing the same
things in Riverside County,
L.A. County, northern state in
Orange County.
Everybody were inspired and
stood up on the foundation of
Kelly Davis and Jeff McDonald.
This cannot be overstated on
the value that it has to people
who have lost lives in custody
.
These lives are on retrievable
But what we can do and what we
have been doing in jail and
police reform is making sure
that there are no more Elisa's
attorneys.
There are no more Matthew
Settles, there are no more
Heather Mills and so on.
>> All of that is based on
the work of Kelly Davis.
>> Thank you.
Thank you Maximilian Schmidt if
you can please and please come
forward.
>> Hi.
I'm really excited to spearhead
this new idea that is
forecasted to actually be in
every urban city urban center
in America as soon as the price
of electric bicycles, electric
scooters or electric one wheels
on an electric skateboards gets
cheaper, it's projected that
more and more cities are going
to have complete ban on all
electric powered modes of
transportation on strictly
the sidewalks that is
forecasted that every American
city is going to completely ban
electric powered things on
sidewalks And San Diego is
known as one of the most
walkable cities.
So we can spearhead the United
States of America and making
our sidewalks more comfortable
and safer knowing the projected
price of electric scooters,
Skateboards are going to just
get cheaper and cheaper.
And how do we do this though?
Because this is a big change.
How do we do this without
seeming almost tyrannical and
how do we do this fast?
I would like to try and fast
track to this and I've even
almost been killed by electric
scooter walking down the street
and it can be traumatizing.
I say the fast track to this
MAY be on our local news We say
we're going to take a vote of
do you think we should ban all
electric motor transportation
And I think it overwhelmingly
people would vote yes.
And for what it's worth if you
are all like a skilled like
electric skateboard or whatnot
on many streets you can ride it
safely on the street with a
helmet And also we spend so
much money on busses and
the trolley and modes of
transportation that people can
use to keep our sidewalks
peaceful that it's a shame that
an electric powered scooter or
something can ruin the sidewalk
and we spend so much money on
the trolley or on busses that
are other modes of
transportation.
>> Thank you for that
concluding comment allegedly.
Andre if you can please come
forward talk about in
the shower or be in the role
that dirty business is going
on.
It's so interesting to be a fly
on the wall and see all these
like eye raises going on like
oh we're in trouble.
Oh, just Broadway snub you so
good.
>> And speaking of that, I'd
like to speak of the malicious
nepotism that took place last
week with the Emerald Hills
though that was totally illegal
because this item was not
noticed properly And the fact
that Monica Montgomery step got
five minutes to come in and she
spoke and her mother spoke
right And they have a
construction company who is
contracted to work on this
contract.
>> So that's interesting.
And then I wonder Henry, I mean
is your construction company
too or is that going to go
through the services that
the Montgomery's provide
probably to hook your family
up, Right?
That's why you guys told me
screwed over your community by
using them using the black
community saying we want to get
you guys in housing which will
Montgomery's will benefit from
from the real estate.
So that's interesting.
I mean even Steve is so stupid
to go online and admit to
the money that's going to be
made by that family like Monica
Price should real women you
know what I mean?
Instead of having to me and
like well what about all these
other companies that are going
to make money off of this
project?
>> Should we be looking at them
too?
And what's secure huh?
So it's like fraud can continue
because people are going to
make money and all while you
guys gaslight your own
community.
>> How sad is that Waiting for
50 years for a park and they're
horribly against that project
and you guys put profit over
people.
It's so sad.
It's so sad because that was
totally illegally done and I
hope the community stalls this
project and to no avail because
of your guys's own negligence.
>> Good job.
>> I started the five minute
timer going to those
participating remotely.
We currently have 16 people in
the queue.
>> Tell me if you can please
unmute.
>> Yes.
Can you hear me?
Yes.
Please proceed.
Yes I wanted to start by
thanking you City Clerk Diana
Fuentes and I want to thank
Council PRESIDENT Joe LaCava
for the tremendous work that
you all did couple of weeks ago
with saving the group
presentations that were
potentially on the chopping
block in some places due to sb
707 Fantastic job on saving
group presentations and not
only saving them but extending
them and enabling us to be able
to conduct them online.
I can't tell you how beneficial
that is to someone like me who
juggles work in the city but
resides in the back country and
I make a tremendous sacrifice
to stay engaged both virtually
and in person.
I think that there is some more
work that we could do I would
really love I love that debate
and both of those items were
being discussed.
There was the presentation by
given by I believe her name is
Victoria Brousseau.
She was represents the planning
groups and she was talking
about the seat at the table.
Now obviously this is something
that they've been talking about
for a long time and I don't
expect you all to want like
want to share or cede power
with these groups.
But I do think that it would be
awesome if we could help
facilitate something like what
is done at council meetings at
I'm sorry the County Board of
Supervisors meetings during
their planning commission
meetings where they enable
planning group members
specifically like chairs or
vice chairs to have a little
bit more time to speak because
they you know they respect and
acknowledge that we often serve
as liaisons to members of
the public that don't always
necessarily know about all
the issues.
And so they they come to us as
sort of people that can help
more readily and easily digest
some of the I guess we're more
accessible, right?
You all are super busy making
all the decisions on everything
So when we get to see it this
enables us to be able to
communicate it and we can have
a little bit more time to
speak.
It would be really beneficial
but your time included Francine
Maxwell If you can please
unmute Ranking Maxwell
Southeastern San Diego resident
I'm hoping that before
legislative break the same way
that this is the previous items
are going to come back early
that the council decides to
have something come back early
that would help build trust as
we're looking forward for you
to approve the settlement for
San Diego Police Department
Sergeant Art Scott where you
guys were at a committee
meeting and I spoke about
something being sealed and
you're going to award him $3.1
million which is absolutely
wonderful.
But we need to dig deeper.
We need to go to the root cause
of why the city of San Diego is
about to pay Art Scott San
Diego Police Department
Sergeant $3.1 million.
We need to make sure that
policies and procedures for
the four years that he has been
punished by death duty that
policies and procedures have
changed.
We need to have a hearing.
We need to be shared.
The cultural changes that have
been put into place by
the leadership of San Diego
Police Department and we need
to have a pre conversation
about the layoffs lawsuit
because you're going to settle
with that police officer as
well.
So let's get ahead of it and
let's have conversation
intentional conversation
because we do want to build
trust between the community and
the city council so that if you
decide to come up with another
tax and another fee we could
really discuss it and get to
the root cause of it of why
we're being asked Again, we
have a lot of things that we
could build and we could begin
to trust each other if we would
have the hard conversations.
So again utilize the idea
utilize race and equity while
we're on legislative break.
Thank you Terence Kelly If you
can please unmute.
>> Good afternoon San Diego
City Council.
My name is Terry Ann Skelly.
I'm a planning group member, a
parent and a public health
educator adding my support for
the work of street maintenance
and infrastructure considered
in the agenda item earlier this
afternoon.
I'd like to include in
the conversation that
the conditions of many of our
roads in the city have more
rural lands adjoining them
especially need upkeep.
Also since the number of drunk
and drug impaired traffic
crashes increases during
the summertime I have been very
pleased to see these signs in
my neighborhoods such as Don't
be there I in dui, drive high,
get a dui and especially buzzed
driving is drunk driving.
>> These are all near my house.
San Diego Police Department is
constantly reminding citizens
that driving under
the influence doesn't just
refer to alcohol prescription
medications, over-the-counter
drugs and marijuana can also
impair especially in
combination with alcohol and
other drugs.
Recently the National Safety
Council fact sheet repeated
that and I quote It is unsafe
to be under the influence of
cannabis.
Intoxicating cannabis products
can have a major impact on
safety on our roadways because
marijuana use slows reaction
time impacts short term memory
and impairs skills essential to
driving And quote These driving
skills include the ability to
judge traffic lane positions
and subsequent lane weaving For
all of these reasons my
neighbors and me do not want an
increase in access in marijuana
sales here in San Diego.
>> Thank you for hearing my
concerns this afternoon.
Thank you.
Katherine Douglas if you can
please unmute The five minute
timer also concluded here in
council chambers are 14
speakers in the queue.
No additional speakers will be
taken.
>> Please proceed.
Good afternoon.
I just like to say
congratulations to those who
were seated today on
the Commission on Police
Practices.
I wish them good luck.
I hope they are effective.
I would also like to ask that
one joining the Commission on
Police Practices as well as
those who are currently sitting
on the board that they attend
inside sd pd which is put on
three times a year by the San
Diego Police Foundation I
believe I'm not sure that
the date has been announced but
I believe that the next inside
sd pd will be in the month of
NOVEMBER probably the first one
of the first two Saturdays.
That information can be found
on the San Diego Police
Foundation website and they
will post it as soon as they
have confirmed those one of
those two dates.
It's enlightening.
It's fun, it's educational and
it's important that people who
are making decisions related to
the police department attend
this function and the San Diego
Police Foundation would be
happy to waive the normal
surcharge for going.
The other thing I'd like to
speak on is the restrooms at
the beaches.
I have the privilege if I'm
down there to whip homes but
most people don't and I'm very
afraid of another bay or
whatever that disastrous thing
was that cost the city tons of
money.
I think we need to find money
to keep those restrooms open.
Thank you.
Next is Barbara Gordon.
If you can please unmute.
Thank you.
Of driving around San Diego
it's hard to MISS Cannabis
Advertisement or billboards
promoting cannabis as a
treatment for virtually every
condition.
We all want to reduce suffering
but medicalised and
commercializing of high potency
and toxin has produced rising
addiction poisoning premature
cardiovascular disease,
emergency rooms, traffic
fatalities and serious
psychiatric harms especially
among our youth.
Modern medicine has better
tools to release suffering and
we should use them.
DR. Bertha Madras.
She's a Harvard medical
professor of psychobiology
speaks to the rising rate of
cannabis use disorder.
It's claiming potency and
the research linking marijuana
to psychosis and schizophrenia
which most psychiatry must
agree as a contributing cause.
And the L.A. Times editorial
confirms the reality of
cannabis use which is long
predicted by experts
the increased potency in
particular daily and nearly
daily consumption Addiction is
real and it affects 1 in 10
users and it's higher among
heavy users.
What's the serious medical help
existing again with psychosis
and psychiatric emergencies?
The profit driven marijuana
industry big weed mirrors
the tactics of big tobacco and
big alcohol.
I urge the city to take
stronger actions limiting
marijuana businesses
advertisement and marketing.
Thank you very much for letting
me speak.
Thank you.
It's 8700 if you can please.
>> And you start six Joy
Sinatra I'll be speaking on
the structure of budget deficit
in the Statement of Budgetary
Principles which were approved
at the last b n g e g, b, g and
e meeting and the Council will
look at the principles in late
AUGUST So one word I want to
point on the principle and
we're going to we're going to
go in a different direction but
same topic The word any I spoke
very strongly on this last year
and what you're really keeping
my fingers crossed that
the word any would be
eliminated from the structural
budget from the statement of
budgetary principles and so far
it hasn't been So I researched
the word any again and this
these principles are pointing
at one period f y 27 when it's
one singular item and it's not
apply in my understanding So it
must reconsider getting rid of
that word any We have a
structural budget deficit And
so here's what I'm going to
switch gears just a little bit
.
What we just did on that last
item was fabulous because he
got me to shine a light on what
we're missing on the structural
budget deficit We're missing
how to change it, how to
improve it.
Do you see we have
the legislative branch and we
have the executive branch.
You know we have
the operational end of it.
It's apples and oranges And did
you see how difficult it is to
understand the resources they
have, the processes they go to
transfer dictation.
What you did was beautiful and
what the council did was
beautiful.
It has absolutely Your time has
concluded Hector Ocampos And
you Thanks Hector here.
>> And that was very political,
you guys.
Man When most of you guys were
dumbfounded when the city guys
were saying Well I don't know
how it happened.
He did it does very political
you guys.
There's so many companies that
can do that job but any more
software programs it's Hey I
now man you can take get all
the information you've already
paid for from that company.
You own the rights to the data
that haven't upgraded to
the day It's over.
Get the data and go to an A.I.
Guy who could do it on I like
in 20 minutes It's not that
much to switch the data now.
Now we can go to Elon Musk and
ask him Hey Eli, can you give
us a road map to all his cars
Road map all this everywhere
thousands of times a day in San
Diego And he might just tweet
bag and he might give us
the information.
He does it every day Potholes,
everything for his cars So he
might give it to us for
nothing.
We could just ask him or you
guys might know someone who
knows or know someone who knows
them and we could just ask and
we need help, you know we can't
figure it out.
We're given these no bid
contracts out just on a whim
and we're just supposed to take
it And then the ibt guys
the down sky they've got to
work 20 hours a week.
We could have them clean
the bathroom, clean
the bathrooms and clean
the trash at the beaches, pick
up all the trash.
No more big trash trucks
driving around the army, You
guys we could have a thousand
guys a day down there doing
their four hours a week or 20
hours a week.
So that would be a lot of a lot
of money And it would it's a
nice job but it's pretty easy.
It's out in the open And then
plus when you got to go and
you're older like me, you got
to go There's no you got to go
now Max if your time has
concluded Dunning If you can
please unmute.
Good afternoon.
My name is Chuck Dunning.
I am a member of the Mission
Bay Park Committee but today
I'm speaking as a private
citizen and everything I have
to say is not reflective of any
actions or opinions of
the committee but I am
extremely concerned of
the effects going forward With
half of the restrooms in
Mission Bay Park being closed
and I think that at this point
it's it's relatively recent and
you're only beginning to hear
the blowback that's going to
come from this.
The county samples mission, Bay
Park and the other county
beaches every week and the last
week three beaches in Mission
Bay Park were yellow flag for
unhealthy levels of human waste
bacteria.
Can you stop and imagine what's
going to happen when half of
these restrooms are closed?
And I think I've heard other
solutions.
This is not just a complaint
but there is a solution out
there Also you all know about
the Golf Enterprise Fund.
It sits with $5.5 million right
now.
It was established when
the golf courses were not
making money to make sure there
was money for maintenance.
Well now all three courses are
making good money and they can
certainly fund their own
maintenance.
Matter of fact, Mission Bay
Golf Course just opened a brand
new restaurant so I don't
understand why the Park and Rec
department which covers both
the Mission Bay Park and
the golf courses cannot tap
the Golf Enterprise Fund for
546,000 of that 5.5 million for
a short term loan to get these
bathrooms cleaned.
I think you all ought to also
ask the park and rec department
at the end of the summer just
how much money was saved When
you look at the extra any extra
maintenance that's going to
occur with 13 bathrooms being
open and used by the same
amount of hundred thousand
people a day, you know Mission
Bay Park is the front door to
this city and we've just now
locked 13 of those doors.
>> Thank you.
Thank you.
Cynthia, if you can please
unmute Cynthia Knapp.
Good afternoon Council members.
My name is Cynthia Knapp.
I would say San Diego is
Alcohol Tobacco and other drug
prevention program.
I'm here today with the Policy
Research Center for Tobacco in
the Environment.
It's a collaboration between
say San Diego and San Diego
State University.
I would like to comment on a
smoke free outdoor dining
policy.
San Diego proudly and
rightfully promotes itself as a
healthy outdoor oriented city.
This is a city where people
enjoy active lifestyle and
vibrant public spaces year
round outdoor dining is a big
part of that identity.
Families and residents and
visitors gather on restaurant
patios across our city
expecting a clean and welcoming
environment When speaking with
community members they are
often surprised to learn that
there are no policies in
the city of San Diego making
all outdoor dining smoke free.
And this goes beyond
the well-documented dangers of
secondhand smoke when patrons
smoke or vape they leave behind
toxic residue that can linger
on tables and other surfaces.
This residue contains more than
25 chemicals listed under
California's Prop 65 as
hazardous to human health
including nicotine and other
cancer causing chemicals.
Even after smoking stops,
patrons can pick up and absorb
this residue simply by touching
the tables and surfaces in
the outdoor dining areas.
If you've ever taken a baby or
a toddler to a restaurant, you
know that everything on those
tables is primed for going
right into their mouths When
the table is layered in toxic
residue on this innocent reflex
becomes a serious health
hazard.
Neighboring jurisdictions with
this policy in place include in
alphabetical order Carlsbad,
Chula Vista, Coronado, Del Mar,
Encinitas, Imperial Beach, La
mesa, National City, Solana
Beach and the unincorporated
area.
Adopting a comprehensive smoke
free outdoor dining policy
would reinforce San Diego's
identity as a city that values
health and safe public spaces.
It would also seem to clear and
consistent message that places
where people gather to eat
should be free from unwanted
secondhand smoke and
the corresponding residue.
Thank you for your time and for
the attention being given to
this issue.
We appreciate the opportunity
to share our working to be a
resource for the community.
Thank you Ocean If you can
please unmute.
Good afternoon Council members.
My name is Eric Fletcher.
I'm a San Diego resident open
water swimmer conservationist.
I'm here to voice my strong
opposition to the pending
permit for the La Hoya Plus
odor abatement program.
Provide evidence of a multiyear
unpermitted spraying program.
And request an immediate
immediate city auditor
investigation into
the permitting gap and
potential misallocation of
public funds.
On MAY 1st, 2017 the city
published its Marine Coastal
Management Plan for La Hoya
pledging to comply with state
and federal coastal
regulations.
Yet city internal logs reveal
they executed 120 spray
applications between 2017 and
2023 with the first spring
occurring with just three days
after the publication.
Further 112 of those runs
occurred during federally
protected bird nesting and
marine mammal popping windows.
Via email.
City administration confirmed
that they failed to obtain a
coastal development permit a
waste to charge waiver or
letter of authorization from
noa Fisheries for any of these
phrase bypassing public comment
and transparency.
This project is framed as
environmentally friendly but
the surfactant use presents a
severe threat to marine life
and human health.
I've learned that sprays MAY be
damaging our giant kelp.
These surfactants can dissolve
the protected mucilage layer
and prevent microscopic Spore
Reef attachment.
I've shared this data with
scientists at sio and ucsd who
confirmed that this unknown
variable was not considered in
their research.
They noted the geographic
correlation matching canopy
collapse local to localized
Fallujah's northern beds and
intend to study this data
further.
My public records request show
despite budget shortfalls
the city spent $63,946.36 in
public funds on product alone
to execute these harmful and
unpermitted sprays which expose
the city to significant
financial liability.
Now Parks and RECs wants to
spend more while closing public
restrooms.
I respectfully request this
Council deny pending permit
application pr dash 1154436
Order a City Auditor
investigation into possible
violation of state and federal
laws.
Look into potential
misallocation of budget funds
And finally draft a science
based natural resources
management plan as required by
the city's own lcp Lawyers
Community Plan and the Coastal
Act.
I presented and shared this
data with the Joint Parks and
beaches and towns concluded My
apologies Becky.
>> Wrap if you can please
unmute.
>> >> Good evening.
>> My name is Becky Rapp and
I'm here tonight to encourage
the city to prioritize
transportation safety with more
urgency when it relates to
marijuana consumption.
We need to better ensure that
everyone who uses our roads and
transit systems gets home
safely.
Federal transportation agencies
and researchers have agreed
that this correlation is a
challenge unlike alcohol.
There is currently no
scientifically validated test
that can accurately measure
real time marijuana impairment
and federal research has found
that thc levels in blood or
other bodily fluids do not
accurately correlate with
the person's level of driving
impairment.
Because of this, determining
impairment really remains
significantly more difficult
than measuring alcohol
impairment.
>> Transportation Patient
safety organizations
representing trucking,
aviation, rail, public transit
and other industries have
expressed concern about this
issue because their employees
perform safety sensitive jobs
where impairment can have
serious consequences.
These concerns show us
the importance of relying on
sound science and accurate data
when developing public safety
policies.
These same questions are
relevant here in San Diego.
Are we collecting sufficient
information about marijuana to
relieve that impairment in
traffic crashes?
Do we know how often a permit
is a contributing factor in
serious or fatal collisions And
are first responders and law
enforcement agencies collecting
consistent data that can help
inform future policy decisions?
I encourage the Council to
request information from cpb
and fire rescue departments and
other appropriate agencies
regarding marijuana impairment
in traffic incidences.
That information can help you
determine whether additional
education prevention or
enforcement efforts are
warranted.
San Diego has an opportunity to
lead by making evidence based
decisions and collecting our
terminals, concluded Madison.
>> If you can please unmute.
>> Hello, my name is Madison
and I'm here to talk about
youth substance use prevention.
When California voters were
asked to permit recreational
marijuana they were told it
would eliminate the illegal
market.
Nearly a decade later
the opposite has happened.
Just in the last three months,
Governor Newsom announced that
law enforcement seized more
than 63,000 pounds of illegal
marijuana worth $104 million
eradicated nearly 90,000
illegal cannabis plants,
confiscated firearms and made
arrests at illegal grove sites.
Since 2022, California has
seized and destroyed more than
841,000 pounds of illicit
cannabis valued at over $1.3
billion.
These aren't signs of a problem
that's been solved.
They're evidence that
the illegal market continues to
flourish alongside
the permitted one.
Illegal growers also leave
behind toxic pesticides and
chemicals that contaminate
streams and wildlife and
ultimately put consumers at
risk.
These operations often exploit
workers and are tied to
organized criminal networks.
As San Diego considers cannabis
related policies, I urge you
not to assume that expanding
the permitted market will
eliminate illegal activity.
California's experience shows
that the black market can
persist and even thrive despite
widespread commercial
availability.
Please continue supporting
strong enforcement against
illegal operators and
prioritize policies that
protect public health.
Neighborhood safety and our
environment.
Over expanding access to high
potency marijuana.
Thank you.
>> Thank you.
Next is my big If you can
please unmute.
All right.
Thank you.
Where Beakman local U.S.
Communities are simply being
allowed to better question long
term U.S. International
relationships and how U.S. Data
companies like Fox seem to be
only developing its data within
the context of supporting
international policies of war
and its harm.
I've been describing for months
now how the city of Oakland in
this county Ballymena are
currently developing an 18
month process of community
input to discuss best practices
in leading park and in working
towards a new better principled
pr vendor.
This is simply a good process
of community participation
the San Diego community can
learn from.
From this I hope the San Diego
community can also be
considering a yearly review
process and tech redundancy and
how small surveillance tech
reductions reductions each year
can offer a more efficient,
strategically placed
neighborhood tech practices.
Theory This will not take away
much from current San Diego
neighborhood public safety and
we will have ongoing good
efforts towards responsibility,
clarity, oversight and
consistency with accountability
policies.
From all of this I strongly
feel San Diego City Council and
city government will simply
have to make more clear and to
more openly relate to the San
Diego community at this time
and help better conversations
and ideas are developing within
the current spoken and unspoken
procedures and guidelines of
fda approved in real time in
our current San Diego
neighborhoods.
Perhaps this could become a
helpful good public meeting
conversation during the 2026
fall election time and about
current San Diego Tech
Accountability Neighborhood
public safety concerns and its
ways of neighborhood community
hearing ideas.
All sides in the 2027.
These ideas are meant to be
open statement of good logic
and to help add to the current
ongoing San Diego conversation
on these subjects.
I hope people like Joi and
Councilperson LaCava can take
these words to heart and I hope
we can be building trust.
>> These ideas have been
towards trust and can really
take these ideas to heart.
Thank you.
>> Thank you Judy Strong if you
can please on the Good evening
San Diego City Council.
As most of you know, the u-t
has been publishing letters to
the editor regarding
the closure of the 13 bathrooms
in Mission Bay Area.
And as I was reading the one
today about the fellow who had
colitis, I was sort of overcome
by my own personal experience
with a child who also has
colitis and the trauma that has
been her life since she was six
and how much it has a limited
how she can navigate her world.
She's now a college student and
has had much medical
interventions since then
including an operation that
created a stoma for her.
But just and that's had its own
ramifications as you can
imagine towards finding a
bathroom.
So I'm wondering for a city who
has always cared about clean
air, clean water, public health
and safety, what the heck are
we thinking?
We can't have something in our
we can't lack public bathrooms
in our public spaces.
We just can't It doesn't make
any sense at all.
It harms the reputation of
the city of San Diego.
It undermines our goals.
It goes against the rhetoric we
say every day And my
granddaughter isn't alone in
this situation by any stretch
of the imagination.
We need to rethink it and we
need to rethink it now.
Thank you.
>> Christine Wellborn.
Christine Wilburn.
I can't unring the bell.
I'm sorry.
Christine one district one.
I'm calling about
the disgraceful, disgusting and
unacceptable bathroom closures.
It's my understanding that no
staff positions were eliminated
eliminated for this.
So for $550,000, why don't we
have some sort of drive to so
residents can donate cleaning
supplies and toilet paper if
that's an issue because it's
not a staff issue and residents
would be much more willing to
donate actual products and
things.
Then vote for more taxes
because we see that our money
is not being spent wisely.
So that's my suggestion is
doing that.
>> Also I'm not sure if you're
aware but the new trash trucks
require three feet clearance in
order to pick them up.
They cannot get in more narrow
area.
I don't have that problem
personally but I've heard that
people have not had their trash
picked up for multiple weeks
because of the new trucks and
they're in areas where parking
is not easy to come by.
So I'm not sure what
the solution is for that.
But when you're greenlighting
all these issues and apartment
complexes and everything else
and not requiring ample parking
where people are supposed to
put their trash cans if they're
not going to get picked up and
left there three feet apart,
then that's impossible to do
because there's no space.
So anyway and also PRESIDENT
Lacob and council person
Whitburn, I appreciate you to
paying attention when people
speak in public at this not and
public comment.
The rest of you I don't know
what games you're playing on
your phone but I'd really like
to find out Seems like they're
very entertaining.
Thank you.
>> You'll have a good night.
Bye.
Our final speaker is Jeanette
Sanchez.
Jeanette Sanchez also career
readiness minority assistant
General Election Process Caucus
proposer The a lot of those
ministers don't like what
the minister's proposal came.
They always emphasize quarters.
But our well-established
consequence on you.
Good evening or good afternoon
is how do you City council.
Sanchez.
My name is Jack Butland.
Notice that sometimes you must
be nice.
My name is in Essentials and I
live in City Heights.
>> I think I am here as a
conservative parent because I'm
concerned about secondhand
smoke.
As a mother in communities in
my community.
Thank you for asthma.
>> I have three children that
have asthma.
>> In other words, when they
were diagnosed the doctors gave
them inhalers because of
the economic oxygen in
the cooperative and gave us
different advice about how to
protect them.
They don't know my voice but
that was all they gave me my
sympathy.
They didn't give me any advice
about what to do when people
are smoking near them.
And we focused on the important
things like can public schools
.
It is very frustrating and I
feel like I am not able to take
care of my children.
What cannot the in public
because we don't have any
comprehensive lays about I'm
sorry.
We do not have any
comprehensive laws about
smoking in public.
We will only be living in
multifamily dwellings.
Thank you for being supportive
of it.
It's not it's probably all
the smoke that actually goes
through all the different multi
dwelling units is very much a
problem.
But I'm familiar with a lot of
young people and for many
families multi family dwellings
is the only option for housing
density economics.
But it is very difficult to
find multifamily dwellings or
any dwelling that is actually
cost efficient.
You get elements that are cost
efficient and that are free of
smoke in others and the smoke
from other units comes into our
house through the windows.
People either see it through
the walls and through the air
ducting in the units or get
sent to people in
the development of events like
Facebook.
A lot of people would just say
just open your windows so that
you can let in fresh air.
But what's the problem?
But that doesn't resolve
the problem in multiple ways.
And once the smoke stays within
our apartments, within our
furniture and within our
clothing and us and that is
the air that our family is
breathing every day.
Let's hope it doesn't become
the norm.
>> Our children are constantly
complaining about how strong
the smoke smell is.
And a lot of times they cough a
lot just because of
the constant smell.
We're going to be in a
position.
No family should have to live
under these conditions.
That is extremely common for
middle.
>> We are asking that the law
and that you will put us and
our children first.
What is in front of the big
corporate smoking companies
cigaret companies and the media
?
San Diego presents itself as a
clean family friendly city.
Political support for people is
legitimate but the politics and
the policies of the city do not
reflect that.
Thank you for our call.
Thank you for allowing me to
speak then Council PRESIDENT
That does conclude on a general
public comment.
All right.
Thank you, City Clerk.
Does the city attorney have
anything to report out from
closed session?
>> Yes.
Thank you.
Council PRESIDENT.
Today in a special closed
session meeting the city
council voted on special closed
session item number four to
initiate litigation Once
litigation is formally
commenced, the action
the defendants and other
particulars will be disclosed
to any person upon inquiry
unless to do so would
jeopardize effective service of
process or settlement
negotiations.
The motion passed unanimously 9
to 0.
That concludes my comments.
All right.
Thank you.
We will now adjourn as the city
council to convene as a housing
authority.
Does the city attorney have
anything to report out from
Housing Authority closed
session.
>> Yes.
Thank you.
Council PRESIDENT.
Today in a special housing
authority closed session
meeting, the housing authority
voted on special housing
authority closed session item
number one to initiate
litigation Once litigation is
formally commenced, the action
the defendants and other
particulars will be disclosed
to any person upon inquiry
unless to do so would
jeopardize effective service of
process or settlement
negotiations.
The motion passed unanimously 9
to 0.
>> That concludes my comments.
All right.
Thank you.
We will now adjourn this
housing for you.
Reconvene the city council.
We have one adjournment in
memory which I will be sending
the last a great journalist and
a great human being This month
with the passing of Kelly
Davis.
We honor Kelly with this
adjournment of memory which has
taken a lot from Jeff McDonald
peace to do her justice.
Kelly was dedicated to
journalism a passion that
persisted over decades and drew
both the ire and the respect of
elected officials across
the region and the state.
Her work appeared in
the Union-Tribune the voice of
San Diego and the now shuttered
San Diego City Beat which she
co-founded and edited.
Kelly was named Journalist of
the Year by the San Diego
chapter of the Society of
Professional Journalists in
2023 recognizing her watchdog
reporting on the high mortality
rates in the county sheriff
jails.
Perhaps more telling as to
the importance of her work.
More than a dozen family
members of people who had died
in custody attended that awards
ceremony celebrated her work.
They thanked her tearfully,
explained how her articles had
given them a voice and brought
light to their suffering when
they thought no one cared.
Kelly's report spurred state
audits and prompted Governor
Gavin Newsom to sign a pair of
reform bills.
Kelly was known for her policy
chops and a deep understanding
of complicated subjects gleaned
from her arcane research.
She studied government policy
manuals and took classes to
broaden her knowledge so she
could write with authority her
strongest assets.
There were so many but her
instincts, her judgment of what
the public needed to know.
Her interviewing techniques and
her shoe leather reporting.
Kelly loved cats and left three
at her Fletcher Homes Fletcher
Hill's home.
She was known for her
thoughtful gift giving often
finding just the right gift for
friends and family.
She was famous for the Harvey
Wall being her kick.
She made for friends every
Christmas.
She played rhythm guitar and
sang backing vocals for an
indie band called Super 31
through much of the 90s
recording multiple extended
play records in its heyday
Super 31 with a staple of
the underground scene and
shared stages with bands like
Radiohead and Belly.
She earned a bachelor's degree
in literature from Chapman
University and later a master's
degree from Boston College.
Kelly Lynn Davis was born on St
Patrick's Day in 1973 and
raised in Irvine.
She is survived by her husband
Brian Espinosa.
Her father j.
Emerson Davis.
And numerous aunts, uncles and
cousins.
Kelly courageously beat back
cancer for nearly a dozen years
while producing policy changing
dispatches.
A tumor reappeared this spring
taking her life.
Kelly Davis.
Rest in peace.
If we could take a moment to
honor Kelly and her passing and
the work she did thank you for
that moment And now we'll close
We will now adjourn Council to
the regularly scheduled council
meeting on Tuesday, JULY 14th,