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Criticized for restricting public comment, city council vows to respect the Brown Act

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Criticized for restricting public comment, city council vows to respect the Brown Act


At a San Diego City Council meeting this summer, the chamber was a sea of navy blue from the early morning hours. Swaths of the city’s police force had arrived en masse. Even Mayor Todd Gloria showed up.

The day was meant to be ceremonial, or at the very least symbolic. Fronting the council agenda on June 4 was a proclamation declaring the date Police Chief David Nisleit Day. After 36 years with the force, his last six as police chief, Nisleit would be donning his navy blue uniform one last time that week.

One by one, city officials from Councilmember Marni von Wilpert to Gloria took turns speaking on Nisleit’s legacy. And the outgoing chief himself gave a few but lasting words to wrap up his tenure: “I will continue to love this city, but I will be on the sidelines rooting for all of you.”

But on the sideline elsewhere, an undercurrent of frustration began to brew.

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Unlike for other items on the agenda, public testimony was not permitted before or during the presentation of the proclamation.

That drew the ire of a group of community members who suggested the council was violating the Brown Act, California’s open meetings law. Former state Assemblymember Lori Saldaña, one of those barred from commenting, later threatened to sue the city.

In a resolution passed Tuesday evening, the city reiterated its “unconditional commitment to cease, desist from, and not repeat any act preventing public testimony on items presenting proclamations appearing on the council’s agenda as required by the Brown Act.”

When presenting the resolution, Assistant City Attorney Leslie FitzGerald said that the motion was intended “to avoid unnecessary litigation” without admitting any violation of the Brown Act by the city. No lawsuit has yet been filed, she added.

Out of the attendees, few seemed swayed.

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“It’s a total disregard for the public’s right to simply express dissent or support,” Saldaña said. “It’s as hollow and empty as (the city’s) commitment for our right to speak.”

Nearing the end of the day, only a few people remained in the queue for public comment. But among those left, one message was consistently brought forth:

“I hope that you truly do have an unconditional commitment to California law and the Brown Act,” said Susan Baldwin, a retired San Diego Association of Governments planner.

The City Attorney’s Office declined to comment on the city’s decision to propose the resolution.

It’s not the first time the city has faced accusations of violating public transparency laws.

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In 2017, the Center for Local Government Accountability sued the city for not allowing public comment on non-agenda items, including ceremonial proclamations. The city would ultimately pay the center $70,000 to settle the lawsuit.

The city is now fighting another lawsuit, filed in 2022, by a group that says it “suffered interference or reprisal” by officials during public comment sessions. Among those represented by the plaintiff was Saldaña.

An email obtained by The San Diego Union-Tribune shows that ahead of the June meeting, staff from Council President Sean Elo-Rivera’s office had stipulated that there would be no public comment on the “ceremonial items” on the agenda that day.

Coming up soon at the council may be a proposal to eliminate public comments by phone and Zoom during council meetings. The item was postponed from a recent committee hearing.

Elo-Rivera said it would streamline meetings and noted that other cities and public agencies have made similar moves, after adopting virtual public comment earlier in the pandemic.

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But his effort has already been met with steady backlash from critics who call it an intentional effort to curb public comment. Elo-Rivera pushed Wednesday’s hearing on the proposal with the council’s Rules Committee to September so that more time can be given to discuss the item through the next meeting.

During public comment on Tuesday, Baldwin suggested that the city should reconsider any such proposal before being cut off and told to stick to the pertinent agenda item.

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San Diego, CA

Sledgehammer burglaries at Tierrasanta restaurants may be tied to string of crimes

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Sledgehammer burglaries at Tierrasanta restaurants may be tied to string of crimes


Investigators say a string of break-ins in San Diego’s Tierrasanta neighborhood this past week may be linked to a larger string of crimes.

Security video shows the suspects using a sledgehammer to get inside.

Despite the surveillance camera overhead, the masked intruder went to work on the safe at Roundtable Pizza on Tierrasanta Boulevard just after 3 a.m. on Tuesday.      

“He starts slamming into the safe with a sledgehammer. He was there like five or 10 minutes,” Roundtable general manager Angel Isabel said.

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Isabel says he left worn out and empty handed.

“This is our fifth break-in in over two years. It is just insane that it keeps on happening,” Isabel said.

The person behind the mask found a more promising take next door at Tutuli Mexican Eatery.

“Everything was gone. All my savings. My wife and my savings were gone,” owner Alejandro Ochoa said.

Tutuli is the Ochoa family’s first business venture. They’ve been open less than three weeks. Thieves got away with thousands of dollars that Ochoa kept in the safe.

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“These people don’t think about the families that are suffering,” Ochoa said.

The Tierra Santa Mexican Restaurant was robbed the Monday before last at about 3 a.m. The owner wasn’t available to speak, but employees tell NBC 7 the whole thing was caught on camera.

The surveillance cameras seem little deterrent. The San Diego Police Department is investigating these crimes and say they are likely connected to others happening countywide.

Surveillance video from Perfect Pizza in Rancho Bernardo shows a hoodie-wearing suspect sledgehammering their way through the front door. NBC 7’s Omari Fleming has more on the string of burglaries in several northeast San Diego neighborhoods.

Video from Perfect Pizza in Rancho Bernardo in the early hours of Oct. 28 shows the suspect use a sledgehammer to break the window. The cash drawer was stolen. The safe had to be left behind. A hooded and masked driver picked up the accomplice. They left in a silver Infiniti.

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That same morning, Todo Sushi and the Subway on Carroll Canyon Road were burglarized, possibly by the same people.

Many of these businesses are mom-and-pop operations. Owners poured in everything they must to secure a successful future.

“I was working before at different places, and my wife, to just to save money to see our dreams come true and this happens,” Ochoa said.

Losses in the Tierrasanta burglaries are felt deeply but what was left behind could prove to be of great value to police. It is just a few frames of video, but for the first time a very clear picture of the intruder’s face is seen.

San Diego police detectives say they are still gathering all the video evidence. They expect to release more information about these burglaries on Wednesday.

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Coast Guard returns from high seas, unloading 14.5 tons of cocaine in San Diego

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Coast Guard returns from high seas, unloading 14.5 tons of cocaine in San Diego


The U.S. Coast Guard offloaded more than 14.5 tons of cocaine in San Diego Tuesday, which the agency said was seized in recent months from seafaring drug smugglers in the Eastern Pacific Ocean.

The crew of the Coast Guard cutter Munro unloaded the 29,000-plus-pound haul of narcotics — which would have been worth an estimated $335 million on the illicit market — at Broadway Pier on San Diego Bay.

“I would put this crew on any mission, anywhere, at any time,” said Capt. James O’Mara, commanding officer of the Alameda-homeported Munro. “They executed everything asked of them with incredible teamwork and persistence, and we are proud of the results.”

The seizures took place during 11 interceptions of drug-smuggling attempts off the coasts of Mexico and Central and South America in September and October, according to Coast Guard officials.

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Gonzaga’s Graham Ike and Ryan Nembhard close out San Diego State: 3 takeaways

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Gonzaga’s Graham Ike and Ryan Nembhard close out San Diego State: 3 takeaways


Normally one of the loudest venues in college basketball, the Viejas Arena was oddly quiet for much of Monday night’s anticipated contest between West Coast powerhouses No. 3 Gonzaga and San Diego State.

Much like how the Aztecs stunned everyone in the McCarthey Athletic Center last December, the Bulldogs marched into a hostile environment and came out of the other side with flying colors. Led by strong second-half performances from Graham Ike and Ryan Nembhard, Gonzaga outlasted San Diego State, 80-67, in a physical contest between recent Final Four finalists. The seniors combined for 32 of their team’s 40 second-half points to help hand the Aztecs their first home loss to a nonconference opponent since 2021.

Here are three takeaways from Monday’s win.

SUPER SENIORS

The Zags didn’t need much from either one of their Naismith Trophy watch list candidates to build a comfortable lead over the Aztecs early on. Ike picked up two quick fouls less than two minutes into the game, which forced the 6-foot-9 post to hit the bench earlier than he expected. Braden Huff came in and continued his hot start to the season, as he scored 10 points to lead the team at halftime.

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Nembhard did a little bit of everything in the first half, finishing with seven points, five assists and three rebounds in 17 minutes. Though the second half, particularly the final 7 minutes, was when he turned things up a notch. As he masterfully worked the pick-and-roll to create just about any type of shot he wanted, Nembhard got to the teeth of the Aztecs’ defense time and time again for either a layup or to draw a foul. He also set up Ike nicely on the low block early in the second half to get the big man rolling for the final 20 minutes.

The Wyoming transfer was 0-5 in his career against the Aztecs entering Monday’s contest. Ike had a 20-point, 10-rebound outing in last season’s matchup in Spokane, though it appeared foul trouble might prevent him from making a significant impact on the outcome of the return game. Especially with the way Huff was able to energize the offense off the bench.

Instead, Ike wasted no time in getting right to work in the second half, as he scored six of the team’s first eight points and made his presence felt on the glass as well. He was no match for San Diego State’s smaller defenders, especially once redshirt freshman Magoon Gwath had to exit with five fouls after 14 minutes of play. The 7-footer still managed to record five blocks in his limited run against the Bulldogs, but the Aztecs couldn’t keep Ike out of the paint forever. 

Ike scored 20 of his team-high 23 points after halftime, while Nembhard scored 12 of his 19 points in the second half. Both applied relentless foul pressure down the stretch, as they combined to go 14-of-15 from the charity stripe.

LOTS OF WHISTLES

The fouls were racking up at a high rate for both sides on Monday, as Gonzaga and San Diego State combined for 14 personal fouls to just 11 made field goals through the first 10 minutes of play. The Aztecs entered the bonus at the 13:37 mark after Ben Gregg picked up his second personal, a few minutes before Khalif Battle was called for his second personal on an offensive charge taken by Miles Byrd, who played despite an ankle injury that kept him out of the team’s last game.

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Despite key players having to sit with foul trouble, the whistles began to even out toward the end of the first half. The Bulldogs went 12-of-15 from the charity stripe with six different players attempting at least two free throws before halftime, which helped them build a 40-31 advantage in light of going 12-of-29 (41.4%) from the field.

On a night where shots weren’t falling consistently, the Zags found a way to win comfortably by creating immense foul pressure throughout the night, albeit on the road without a favorable whistle on their side. 

MORE OF THIS TO COME

Monday’s matchup between two of the five winningest schools over the past five seasons was essentially a sneak peek at a new rivalry that’s set to take shape once the reconstituted Pac-12 becomes official in 2026. The Bulldogs and Aztecs are set to feature as the conference’s marquee brands in men’s college basketball, given their successes in the NCAA Tournament and consistency under their respective head coaches. 

One can only hope that in the future, conference games between Gonzaga and San Diego State will be played at on-campus arenas. The McCarthey Athletic and the Viejas Arena are two of the more intimidating environments in the country that are backed by two wild student sections in The Kennel Club and The Show. It’s no wonder the Zags and Aztecs boast two of the five best home-winning percentages over the last five seasons.

Even better, both have stolen one from each other on their home court in each of the past two seasons.

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