Councilwoman Apologizes; Officials Cleared : Witt Drops Probe in Wolfsheimer Controversy

Ending a brief political tempest, San Diego City Atty. John Witt announced Monday that he would drop an investigation into whether Councilwoman Abbe Wolfsheimer violated the City Charter by calling for the immediate resignation of high-ranking city administrators.

Wolfsheimer also issued a public apology to her council colleagues for the controversy, and City Manager Sylvester Murray cleared the two administrators whom the District 1 councilwoman had accused of engaging in a “cancer of deceit”--Deputy City Manager John Fowler and city Property Director Jim Spotts--of any wrongdoing.

Meanwhile, the City Council voted to approve, over Wolfsheimer’s lone objection, preliminary negotiations with Escondido for the possible sale of 291 acres of surplus city land--property that is at the center of the Wolfsheimer affair.

The controversy began Thursday when Wolfsheimer called a press conference to ask Murray for an investigation and immediate resignation of top-ranking city officials she claimed withheld critical information involving the proposed sale of the surplus land, which she adamantly opposes.

As the basis of her allegations, Wolfsheimer released a copy of a July 29 letter from local land-use attorney Paul Robinson to a land developer that described a meeting among Robinson, another consultant and two city administrators--Fowler and Spotts.

Wolfsheimer claimed the letter showed how developers conspired with Fowler and Spotts to undermine her by “influence peddling” and by manipulating information and reports given to the City Council.

Murray told the City Council on Monday that after personally interviewing 11 people--including Mayor Maureen O’Connor, Fowler, Spotts, Robinson, Wolfsheimer and Escondido City Manager Vern Hazen--who had direct knowledge of the proposed sale or were mentioned in the letter, he found nothing wrong in the actions by Fowler and Spotts.

It wasn’t improper, Murray said, for the two to meet with Robinson, who had requested the meeting to clarify action taken by a City Council committee concerning the proposed sale.

It also was proper for Fowler and Spotts to give Robinson a preliminary city manager’s report about the proposed sale, Murray concluded. There would have been a problem, Murray said, only if Fowler and Spotts had amended or changed “their professional opinions to accommodate the developer’s wishes.”

Throughout, Murray said, he was told that the city staff was “thorough, honest and tough.”

In issuing her public apology, Wolfsheimer wrote: “My motive was merely to insure that the city manager look into the matter of city staff providing full, fair and accurate information to this office.

“I would also like to publicly apologize to the mayor and council members for any discomfort they have experienced as a result of publishing the letter from Mr. Robinson.”

Wolfsheimer went on to say that she didn’t intend to indicate that her council colleagues had been influenced by Robinson or the developer’s consultant, Mac Strobl, who was also named in the letter.

Witt said it was a “close call” whether Wolfsheimer violated Section 22 of the City Charter, which prohibits council members from directly or indirectly influencing or coercing the city manager on personnel matters under his supervision.

Wolfsheimer’s call for the immediate resignation of top-ranking city officials--although she didn’t specifically name Fowler and Spotts--was a “pretty direct attempt to relieve them from employment,” Witt told the City Council.

If found guilty of violating Section 22, Wolfsheimer could have been removed from office.

But, Witt said, “in light of the relatively short tenure” and “lack of experience on the City Council” by Wolfsheimer, who took office in December, “I have determined not to pursue” the investigation.

Witt, however, warned the City Council members about the “delicate relationship” between them and the city manager, and urged them to be sensitive to the mandate of Section 22.

O’Connor offered her own rebuff to Witt, saying the city attorney should have brought up the matter of the Wolfsheimer investigation in the privacy of executive session. “You work for the City Council,” the mayor said.

“If there is any villain,” O’Connor said, “it was inappropriate for Mr. Robinson . . . to string together names . . . that in reality weren’t players in the game.”

The City Council, on an 8-1 vote, approved a recommendation made by Fowler and Spotts that the city explore the possibility of selling the land to Escondido.

The city bought the land, which is in Escondido, 30 years ago for a reservoir that was never built.

With the opening of the North County Fair regional shopping center adjacent to the property--valued at $12 million--interest in the land has jumped.

Escondido has proposed buying the 291 acres and reselling the property to Lomas Serenas Co. for the construction of homes, hotels and a municipal golf course.

Robinson works for Lomas Serenas, but because of his letter, O’Connor said she now has doubts about whether the city should sell the land to Escondido, only to have Lomas Serenas buy it.

O’Connor suggested that, depending on the course of upcoming preliminary negotiations with Escondido, perhaps San Diego should sell the property to the highest bidder.

“I have problems with the pass-through (sale) . . . especially with the letter,” O’Connor said.