THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, OCTOBER 16, 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 .........................................................................................8 MAYOR, COUNCIL, CITY ATTORNEY, IBA, CITY CLERK COMMENT ........................................10 Item 200: Port Commissioners’ Annual Update on the Port District’s Work Plan .....................10 Item 201: Performance Audit of the San Diego Housing Commission’s Homelessness Services Contract Management ........................................................................................................11 Item 202: Performance Audit of the City’s Brush Management on City-owned Land ...............12 Item 250: Ballot Measure Calendar.....................................................................................12 Item 251: Ballot Propositions Forwarded for 2nd Committee Review.....................................14 REPORT OUT FROM CLOSED SESSION................................................................................14 ADJOURNMENT .................................................................................................................14 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, October 16, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 10:17 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with Councilmember Campillo and Councilmember Moreno not present. The meeting was adjourned by Council President Elo-Rivera at 5:08 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
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-9 Council President Sean Elo-Rivera
ABSENT:
CD-7 Councilmember Raul A. Campillo (Excused by Resolution R-315116, due to family leave) CD-8 Councilmember Vivian Moreno (Excused by Resolution R-315274, due to attending the Chamber of Commerce’s Binational Delegation to Mexico City.) CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-not present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-not present
(8) Councilmember Moreno-not 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, October 16, 2023
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember von Wilpert.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Estate of Jose Alfredo Castro-Gutierrez v. City of San Diego United States District Court Case No. 21-CV-01292-H-BGS Risk Management Department Claim File No. 26024
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 16, 2023
SCDCA Assigned: S. J. Plotkin-Wolff
This case arises from a police response to a disturbance with a weapon, which led to an officer involved shooting. 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
Public testimony by Audra and Blair Beekman.
Council President Elo-Rivera closed the hearing.
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:
CS-2 City Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Mark Wilson, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric K. Dargan, Chief Operating Officer
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, October 16, 2023
Matthew Vespi, Chief Financial Officer
Kris McFadden, Deputy Chief Operating Officer
Kristina Peralta, Deputy Chief Operating Officer
Casey Smith, 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 Jonnabelle Domingo, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Erik Hanson, Senior Human Resources Officer, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Senior Human Resources Officer, Human Resources Department Walter Castillo, Senior Human Resources Officer, Human Resources Department Sophia Williams, Senior Human Resources Officer, Human Resources Department Linda Chambers, Senior Human Resources Officer, Human Resources Department Scott Harris, Program Coordinator, Human Resources Department Brian Mallard, Program Coordinator, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, 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 Director, Department of Finance Chris Purcell, Financial Operations Manager, Department of Finance Sally Rubi, Financial Operations Manager, Department of Finance Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Virgilio Afan Jr., Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
David Gerboth, Assistant Fire Chief Fire-Rescue Department John Wood, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard 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 M. Travis Phelps, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
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
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, October 16, 2023
Following Management Team representatives to execute tentative agreements and memoranda of understanding reached in meet and confer, and to present all tentative agreements and memoranda of understanding reached in meet and confer to the Council for final determination and approval by the Council as to policy and the City Attorney as to form or correctness:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Mark Wilson, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric K. Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Alia Khouri, Deputy Chief Operating Officer
Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jonnabelle Domingo, Supervising Human Resources Officer, Human Resources Department Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Charles Modica, Independent Budget Analyst, Office of the Independent Budget Analyst Jillian Andolina, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Baku Patel, Fiscal and Policy Analyst, Office of the Independent Budget Analyst, solely for negotiations with the San Diego City Firefighters, I.A.F.F., Local 145, and California Teamsters Local 911
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:
San Diego City Firefighters, International Association of Fire Fighters (I.A.F.F.), Local 145 REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 16, 2023
ACA Assigned: Jim McNeill
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, October 16, 2023
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 with the San Diego Firefighters, I.A.F.F., Local 145 regarding the reopener in Local 145’s MOU related to Flexible Benefits for Calendar Year 2024.
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-3 James J. Wallace II v. City of San Diego
San Diego Superior Court Case No. 37-2022-00036225-CU-PO-CTL Risk Management Department Claim File No. 28613
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 16, 2023
DCA Assigned: D. N. Loomis
Outside Counsel: D. Semerdjian, Schwartz, Semerdjian, Cauley, & Evans LLP This case arises from an injury accident where the Plaintiff alleges he was riding a Bird scooter on F Street between 14th Street and 15th Street when he encountered a portion of cracked sidewalk and was thrown from the scooter. The City Attorney’s Office and outside counsel will update the Mayor and City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Audra and Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-4 Kristopher Fukuda, et al. v. City of San Diego
San Diego Superior Court Case No. 37-2020-00022522-CU-El-CTL Risk Management Department Claim File No. 25304
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 16, 2023
CDCA Assigned: T. L. Krentz
Outside Counsel: B. A. Lindsay, Jones Mayer
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, October 16, 2023
This case arises from a slope failure at Paseo Zaldivar. Plaintiffs filed suit against the City alleging damage to their four properties. The City Attorney’s Office and outside counsel will update the Mayor and City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Audra.
Council President Elo-Rivera closed the hearing.
CS-5 Harry Cornell Beans, III v. City of San Diego
San Diego Superior Court Case No. 37-2022-00025031-CU-PA-CTL Risk Management Department Claim File No. 27652
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 16, 2023
DCA Assigned: O. Palizzolo
Plaintiff alleges that he tripped and fell on a City sidewalk near Olivet Street on July 15, 2021, resulting in injuries. The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Audra and Blair Beekman.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
David Rodger commented on public health safety.
COUNCIL ACTION: Start Time: 4:45 PM
PUBLIC COMMENT-2:
U.S. Supreme Court Case #S271848 No. 21-7947 commented on D079408 Amendment XIV, Section 1.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, October 16, 2023
COUNCIL ACTION: Start Time: 4:47 PM
PUBLIC COMMENT-3 (virtual):
Dan Smiechowski commented on failing policies.
COUNCIL ACTION: Start Time: 4:49 PM
PUBLIC COMMENT-4 (virtual):
Lori Saldaña commented on Pershing Drive encampment.
COUNCIL ACTION: Start Time: 4:51 PM
PUBLIC COMMENT-5 (virtual):
Barbara Gordon commented on ban on smoking in multi-unit complexes.
COUNCIL ACTION: Start Time: 4:53 PM
PUBLIC COMMENT-6 (virtual):
Blair Beekman commented on Israel and Gaza; and public safety.
COUNCIL ACTION: Start Time: 4:55 PM
PUBLIC COMMENT-7 (virtual):
Truth commented on campaign contributions.
COUNCIL ACTION: Start Time: 4:57 PM
PUBLIC COMMENT-8 (virtual):
Joy Sunyata commented on Closed Session litigation cases; and follow-up recommendations report from Audit department.
COUNCIL ACTION: Start Time: 4:59 PM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, October 16, 2023
PUBLIC COMMENT-9 (virtual):
Francine Maxwell commented on Councilmembers with diverse staff; and search for a new police chief.
COUNCIL ACTION: Start Time: 5:02 PM
PUBLIC COMMENT-10 (virtual):
Becky Rapp commented on THC infused edibles.
COUNCIL ACTION: Start Time: 5:04 PM
PUBLIC COMMENT-11 (virtual):
Audra commented on vaccine injury support group.
COUNCIL ACTION: Start Time: 5:06 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.
Item 200: Port Commissioners’ Annual Update on the Port District’s Work 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
Council District 9: Luz Anaya Luna, (619) 236-6699
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, October 16, 2023
COUNCIL ACTION: Start Time: 2:02 PM
Item 201: Performance Audit of the San Diego Housing Commission’s Homelessness Services Contract Management.
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:
This item was heard at the Audit Committee meeting on March 8, 2023.
ACTION: Motion by Committee Member Tabshouri, second by Vice Chair Moreno, to accept the report, with the request that management revise its response to recommendations 3.1 and 3.2 to reflect the steps taken to fulfill the recommendations and also to provide target dates for completion, and return to the Audit Committee to discuss any changes to management's response before going to Council.
VOTE: 5-0; Whitburn-yea, Moreno-yea, Halpern-yea, Maffia-yea, Tabshouri-yea.
Office of the City Auditor: Joseph Picek, (619) 533-3014 COUNCIL ACTION: Start Time: 3:09 PM
Item 202: Performance Audit of the City’s Brush Management on City-owned Land.
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 11 for the Regular Meeting of Monday, October 16, 2023
Committee Actions Taken:
This item was heard at the Audit Committee meeting on July 26, 2023.
ACTION: Motion by Vice Chair Moreno, second by Committee Member Halpern, to accept the report and forward it to the City Council.
VOTE: 5-0; Whitburn-yea, Moreno-yea, Halpern-yea, Tabshouri-yea, Maffia-yea.
Office of the City Auditor: Nathan Otto, (619) 533-3018 COUNCIL ACTION: Start Time: 3:45 PM
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Item 250: Ballot Measure Calendar.
SUBMISSION OF BALLOT PROPOSALS FOR THE MARCH 5, 2024, BALLOT City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected]. The City Clerk’s Office has established the following calendar for the March 5, 2024, election.
DATE
DAYS
BEFORE
ELECTION
EVENT
Monday, 07/17/2023 232
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday, 07/26/2023 223
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Wednesday, 09/06/2023 181 Measures that advance from initial review proceed to a second Committee review,
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, October 16, 2023
where the Committee will decide if they will
be presented to the full Council for
consideration
Monday, 09/11/2023 176
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, 12/08/2023 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, 12/11/2023 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, 12/13/2023 83 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information. If you have questions, please contact the Office of the City Clerk at (619) 533-4000 or via e-mail at [email protected].
Item 251: Ballot Propositions Forwarded for 2nd Committee Review.
The following ballot propositions have been referred from the Rules Committee to a second hearing for consideration for placement on a future ballot as noted.
Proposal Target Ballot
Amendments to City Charter Regarding Redistricting November 5, 2024 Amendments to City Charter Regarding the Offices of the City Attorney and Municipal Counsel
November 5, 2024
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:08 p.m.
COUNCIL ACTION: Start Time: 5:08 PM