THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JANUARY 23, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................2 ATTENDANCE DURING THE MEETING...................................................................................2 ROLL CALL ..........................................................................................................................2 INVOCATION.......................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 CLOSED SESSION................................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................7
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 Item 200: Performance Audit of the City’s Towing Program..................................................10 Item 201: Personnel Department Action Plan ......................................................................11 Item 202: Authorize the City to Apply to, Accept, Appropriate, and Expend Funding from the California Department of Alcoholic Beverage Control – Office of Traffic Safety (ABC-OTS) Grant Program............................................................................................................................12 REPORT OUT FROM CLOSED SESSION................................................................................13 ADJOURNMENT .................................................................................................................13 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, January 23, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. The meeting was recessed by Council President Elo-Rivera at 10:14 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with Councilmember Campbell not present. Councilmember Campillo left the meeting at 4:40 p.m. The meeting was adjourned by Council President Elo-Rivera at 4:52 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
*CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
CD-2 Councilmember Jennifer Campbell (Excused by Resolution R-315116, due to medical leave.)
*NOTE: Councilmember Moreno participated in the meeting by teleconference.
CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Councilmember LaCava-not present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, January 23, 2023
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Lee.
CLOSED SESSION
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:
CS-1 City Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kristina Peralta, Deputy Chief Operating Officer
Jessica Lawrence, Director of Policy, Office of the Mayor Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jeremy Culuko, Deputy Director, Human Resources Department Erik Hanson, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Jonnabelle Domingo, Senior Human Resources Officer, Human Resources Department Curt Glaser, Senior Human Resources Officer, Human Resources Department Peaches Howell, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Interim Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Program Manager, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Dianne Mitra, Associate Human Resources Analyst, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Rolando Charvel, Department of Finance Director and City Comptroller Benjamin Battaglia, Assistant Director, Department of Finance Jeffrey Peelle, Assistant Diretor, Department of Finance Sally Rubi, Financial Operations Manager, Department of Finance Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, January 23, 2023
Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Ambar Gutierrez, Interim Principal Accountant, Department of Finance Virgilio Afan Jr., Interim Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
John Wood, Assistant Fire Chief, Fire-Rescue Department Christopher Webber, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief, Fire-Rescue Department David Gerboth, Deputy Fire Chief, Fire-Rescue Department Robert Logan, Deputy Fire Chief, Fire-Rescue Department David Nisleit, Police Chief, Police Department
Chris Mcgrath, Executive Assistant Chief, Police Department Terence Charlot, Assistant Police Chief, Police Department Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Jonathan Ferreras, Program Coordinator, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association.
Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Charles Modica, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney Leslie Fitzgerald, Assistant City Attorney, Office of the City Attorney Kristin Zlotnik, Chief Deputy City Attorney, Office of the City Attorney Joan Dawson, Senior Deputy City Attorney, Office of the City Attorney Alison Adema, Senior Deputy City Attorney, Office of the City Attorney Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:
American Federation of State, County and Municipal Employees, Local 127 (AFSCME Local 127) Deputy City Attorneys Association (DCAA)
San Diego City Firefighters, International Association of Fire Fighters, Local 145 San Diego Municipal Employees’ Association (MEA)
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 23, 2023
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, January 23, 2023
ACA Assigned: J. McNeill
The purpose of this Closed Session meeting is to review the City’s position and instruct the City’s designated representatives to meet and confer over the terms and conditions related to successor Memoranda of Understanding with the American Federation of State, County, and Municipal Employees, Local 127 (Local 127); Deputy City Attorneys Association of San Diego (DCAA); and San Diego Municipal Employees Association (MEA).
COUNCIL ACTION: Start Time: 10:04 AM
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-2 Mark Lehn Brownlee v. City of San Diego
San Diego Superior Court Case No. 37-2019-00023988-CU-PO-CTL Risk Management Department Claim File No. 21373
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 23, 2023
SDCA Assigned: L. D. McCoy
This case arises from a trip and fall accident in Pacific Beach and a subsequent verdict. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):
CS-3 Pre-Lit Claim - National Surety Corporation ASO Colt Services, Inc. DBA Stanley Steemer
Risk Management Department Claim File No. 23978
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 23, 2023
DCA Assigned: D. E. Abad
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, January 23, 2023
This claim arises from a break in the City’s water main at 9682 Via Excelencia, which flooded Claimant’s insured business and caused alleged property damage. The City Attorney’s Office will update the Mayor and City Council on the status of the matter and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
CS-4 Pre-Lit Claim - Colt Services, Inc. DBA Stanley Steemer Risk Management Department Claim File No. 23978
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 23, 2023
DCA Assigned: D. E. Abad
This claim arises from a break in the City’s water main at 9682 Via Excelencia, which flooded Claimant’s business and caused alleged property damage. The City Attorney’s Office will update the Mayor and City Council on the status of the matter and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
CS-5 Pre-Lit Claim - Minh Duc Thai
Risk Management Department Claim File No. 28138
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 23, 2023
DCA Assigned: D. E. Abad
This claim arises from a break in the City’s water main on Chollas Road, which flooded Claimant’s home and caused alleged property damage. The City Attorney’s Office will update the Mayor and City Council on the status of the matter and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, January 23, 2023
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Kristin Chapin commented on Guy Street, 92110.
COUNCIL ACTION: Start Time: 4:28 PM
PUBLIC COMMENT-2:
Paul Krueger commented on pay toilet proposal.
COUNCIL ACTION: Start Time: 4:30 PM
PUBLIC COMMENT-3:
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 4:33 PM
PUBLIC COMMENT-4 (virtual):
Terri-Ann Skelley commented on elimination of second-hand tobacco smoke and vapor from public spaces.
COUNCIL ACTION: Start Time: 4:35 PM
PUBLIC COMMENT-5 (virtual):
Becky Rapp commented on stronger restrictions on high potency THC products.
COUNCIL ACTION: Start Time: 4:37 PM
PUBLIC COMMENT-6 (virtual):
Peggy Walker commented on THC potency caps.
COUNCIL ACTION: Start Time: 4:39 PM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, January 23, 2023
PUBLIC COMMENT-7 (virtual):
Joy Sunyata commented on structural budget deficit; and bringing San Diego Gas & Electric items to City Council.
COUNCIL ACTION: Start Time: 4:41 PM
PUBLIC COMMENT-8 (virtual):
Kelly McCormick commented on providing marijuana guardrails.
COUNCIL ACTION: Start Time: 4:43 PM
PUBLIC COMMENT-9 (virtual):
Kathleen Lippitt commented on San Diego Gas & Electric rate increases; and marijuana regulations.
COUNCIL ACTION: Start Time: 4:45 PM
PUBLIC COMMENT-10 (virtual):
Judi Strang commented on marijuana regulations.
COUNCIL ACTION: Start Time: 4:47 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
INTERIM CITY CLERK COMMENT:
Interim City Clerk Fuentes thanked the Department of Information Technology and the Web team for their continuous collaboration with the Clerk’s office to bring greater access and transparency for the public and City staff. She stated that they created a one-stop landing page for all City agendas and minutes that is easily accessible from the www.sandiego.gov web page.
COUNCIL ACTION: Start Time: 2:02 PM
COUNCIL COMMENT-1:
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, January 23, 2023
Councilmember Lee acknowledged the tragic incident in Monterey Park with the loss of 10 lives and 10 injured. Councilmember Lee shared that it is a time to reflect on the resiliency of the Asian-American Pacific Islander community in the last few years from the impact of the pandemic and acts of anti-Asian hate. He encouraged everyone to still take the opportunity to celebrate Lunar New Year. Councilmember Lee requested a moment of silence in honor of the lives lost in Monterey Park.
COUNCIL ACTION: Start Time: 2:03 PM
COUNCIL COMMENT-2:
Council President Elo-Rivera thanked Councilmember Lee for his words. He expressed there is trauma when a community is targeted. Council President Elo-Rivera mentioned that communities should feel safe celebrating their culture.
COUNCIL ACTION: Start Time: 2:06 PM
COUNCIL COMMENT-3:
Councilmember von Wilpert thanked Councilmember Lee for his words and encouragement.
She addressed the rise in gun violence against the Asian-American Pacific Islander community. Councilmember von Wilpert thanked the City Attorney for her work in gun violence restraining orders.
COUNCIL ACTION: Start Time: 2:08 PM
Item 200: Performance Audit of the City’s Towing Program.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, January 23, 2023
Committee Actions Taken:
This item was heard at the Audit Committee meeting on November 18, 2022.
ACTION: Motion by Chair Whitburn, second by Vice Chair Moreno, to accept the report and request a presentation to the full Council and to direct Councilmember Whitburn's Office to work with the Chief Operating Officer, SDPD, Office of Race and Equity, and other relevant departments, and stakeholders to bring policy changes and recommendations to address the impacts of the City's towing program to the full City Council.
VOTE: 4-0; Whitburn-yea, Moreno-yea, Halpern-yea, Tabshouri-yea, Maffia-not present.
Office of the City Auditor: Nathan Otto, (619) 533-3018 COUNCIL ACTION: Start Time: 2:12 PM
Item 201: Personnel Department Action Plan.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Personnel: Doug Edwards, (619) 236-6155
COUNCIL ACTION: Start Time: 3:11 PM
Item 202: Authorize the City to Apply to, Accept, Appropriate, and Expend Funding from the California Department of Alcoholic Beverage Control – Office of Traffic Safety (ABC-OTS) Grant Program.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, January 23, 2023
There are no cost share requirements. The grant funds shall be received on a reimbursable basis. Expenditures will be initially sourced from Grant Fund – State, and then reimbursed from the ABC-OTS Grant Program. There is no requirement for continued expenditures or services once grant funding is depleted or terminated. State law requires that the funds supplement and not supplant funds otherwise available to law enforcement. The total revenue applied for in FY2023 is $50,000.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-344 Cor. Copy) ADOPTED AS RESOLUTION R-314570
Resolution authorizing the Chief Financial Officer to increase the Fiscal Year 2023 Budget, and to accept, appropriate and expend an amount not-to-exceed $50,000, and any additional grant funding awarded under the California Alcohol Beverage Control Office of Traffic Safety Grant Program, for a period of up to five years.
Committee Actions Taken: N/A
Police: Jose Luis Romo, (619) 531-2739
City Attorney Contact: Lara Easton
COUNCIL ACTION: Start Time: 4:14 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out from Closed Session. https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports.
COUNCIL ACTION: Start Time: 4:49 PM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, January 23, 2023
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:52 p.m. in honor of the memory of:
Tony Kempton as requested by Councilmember LaCava.
COUNCIL ACTION: Start Time: 4:50 PM