THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JANUARY 8, 2024
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 .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................7 Item 200: Recognized Obligation Payment Schedule (ROPS) for Fiscal Year 2024-2025 ...........7 Item 201: Amendments to Council Policy 900-01 Economic Development and Council Policy 900-12 Business Incentive Program ......................................................................................8 Item S400: Confirming the Standing Council Committee Assignments and Appointment of Councilmembers to the Audit Committee for Calendar Year 2024 ............................................9 REPORT OUT FROM CLOSED SESSION................................................................................10 ADJOURNMENT .................................................................................................................11 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, January 8, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:03 a.m. The meeting was recessed by Council President Elo-Rivera at 10:20 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:03 p.m. with Council District 4 vacant. The meeting was adjourned by Council President Elo-Rivera at 3:22 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Pro Tem Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 vacant
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:
None.
CITY CLERK:
Fuentes (km)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Vacant
(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 08, 2024
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem LaCava.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Esther Samadi, et al. v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2021-00018915-CU-PA-CTL Risk Management Department Claim File No. 25905
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 8, 2024
DCA Assigned: S. Wigdor-Roberts
This case arises from a bicycle accident involving a City vehicle that occurred on September 25, 2020, near 14500 Carmel Valley Road. 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: 10:06 AM
Public testimony by Mike Aguirre, Audra, and Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-2 Rema Alameddin v. City of San Diego
San Diego Superior Court Case No. 37-2020-00020795-CU-PO-CTL Risk Management Department Claim File No. 22956
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 8, 2024
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, January 08, 2024
DCA Assigned: D. Florence
This case arises out of an automobile versus pedestrian accident where a driver struck Plaintiff in a crosswalk at an uncontrolled intersection. 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: 10:06 AM
Public testimony by Mike Aguirre, Dan Smiechowski, Audra, and Blair Beekman.
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-Litigation Claim of Baruch Ezagui
Risk Management Department Claim File No. 33416
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 8, 2024
DCA Assigned: D. Abad
This claim arises from a blockage in the City of San Diego’s sewer main on Hidden Valley Road, which caused wastewater to back-up into Claimant’s home causing 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: 10:06 AM
Public testimony by Mike Aguirre, and Audra.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-4 Isabel Irazoque v. City of San Diego
San Diego Superior Court Case No. 37-2021-00051215-CU-PO-CTL Risk Management Department Claim File No. 27246
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, January 08, 2024
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 8, 2024
DCA Assigned: D. Abad
This case arises from a single vehicle motorcycle accident at the 10600 block of Carmel Mountain Road. Plaintiff allegedly encountered defects in the roadway and was injured. 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: 10:06 AM
Public testimony by Mike Aguirre, Audra, and Blair Beekman.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Deanna Polk commented on rental protection.
COUNCIL ACTION: Start Time: 2:57 PM
PUBLIC COMMENT-2:
Tanjelo Bonner commented on open.
COUNCIL ACTION: Start Time: 3:01 PM
PUBLIC COMMENT-3 (virtual):
Barbara Gordon commented on marijuana and DUI.
COUNCIL ACTION: Start Time: 3:03 PM
PUBLIC COMMENT-4 (virtual):
Blair Beekman commented on Israel and middle east.
COUNCIL ACTION: Start Time: 3:05 PM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, January 08, 2024
PUBLIC COMMENT-5 (virtual):
Kathleen Lippitt commented on cannabis outlets.
COUNCIL ACTION: Start Time: 3:08 PM
PUBLIC COMMENT-6 (virtual):
Audra commented on Hawaii fires, property tax, and committees.
COUNCIL ACTION: Start Time: 3:10 PM
PUBLIC COMMENT-7 (virtual):
Becky Rapp commented on marijuana edibles and children.
COUNCIL ACTION: Start Time: 3:12 PM
PUBLIC COMMENT-8 (virtual):
Francine Maxwell commented on Committee Reinvestment Review Advisory.
COUNCIL ACTION: Start Time: 3:14 PM
PUBLIC COMMENT-9 (virtual):
Peggy Walker commented on marijuana sales.
COUNCIL ACTION: Start Time: 3:16 PM
PUBLIC COMMENT-10 (virtual):
Kelly McCormick commented on marijuana and pregnancy.
COUNCIL ACTION: Start Time: 3:18 PM
PUBLIC COMMENT-11 (virtual):
Judi Strang commented on mental health illness and marijuana.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, January 08, 2024
COUNCIL ACTION: Start Time: 3:20 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
City Clerk Fuentes announced she appointed Jennifer Berry as the new Deputy Director of Legislative Services. She stated any questions related to Legislative Services and Council meetings may be directed to Jennifer starting February 5th.
COUNCIL ACTION: Start Time: 2:04 PM
Item 200: Recognized Obligation Payment Schedule (ROPS) for Fiscal Year 2024-2025.
Total Estimated Cost of Proposed Action and Funding Source:
This action will approve the Eighteenth Recognized Obligation Payment Schedule (ROPS) for July 1, 2024, through June 30, 2025, (ROPS 18), also known as ROPS 24-25. Another action will approve the administrative budget. There are no new line items added to the ROPs 18. There are no General Fund monies and the obligations for former redevelopment RPTTF funds will be recognized by the annual budget actions for HUD funds/CDBG Program Income this spring ($15M).
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-268) ADOPTED AS RESOLUTION R-315296
Resolution approving the eighteenth Recognized Obligation Payment Schedule for July 1, 2024, through June 30, 2025, (ROPS 18), approving an administrative budget for the ROPS 18 fiscal year, and authorizing the Mayor and Chief Financial Officer to carry out certain related actions.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6493
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 2:15 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, January 08, 2024
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 201: Amendments to Council Policy 900-01 Economic Development and Council Policy 900- 12 Business Incentive Program.
Total Estimated Cost of Proposed Action and Funding Source:
This action has no fiscal impact to the General Fund. Any funds budgeted would come during the annual budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-263) ADOPTED AS RESOLUTION R-315297
Resolution adopting an amended version of Council Policy 900-01, titled "Economic Development."
Subitem-B: (R-2024-264) ADOPTED AS RESOLUTION R-315298
Resolution adopting an amended version of Council Policy 900-12, titled "Business Incentive Program," and approving an updated Business Incentive Workplan.
Committee Actions Taken:
This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on December 6, 2023.
ACTION: Motion by Chair Campillo, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campillo-yea, Campbell-yea, Lee-yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 2:27 PM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, January 08, 2024
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item S400: Confirming the Standing Council Committee Assignments and Appointment of Councilmembers to the Audit Committee for Calendar Year 2024.
Total Estimated Cost of Proposed Action and Funding Source:
There is no contract associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-280 Rev) ADOPTED AS AMENDED AS RESOLUTION R-315299 Resolution confirming appointments of Councilmembers to standing committees for calendar year 2024.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2024-281) ADOPTED AS RESOLUTION R-315300
Resolution confirming appointments of Councilmembers to the Audit Committee for calendar year 2024.
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council President’s Office: Luz Anaya Luna, (619) 236-6699 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 2:06 PM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, January 08, 2024
MOTION BY SEAN ELO-RIVERA TO ADOPT THE RESOLUTION IN SUBITEM A AS AMENDED TO REFLECT THE CHANGES MADE TO THE MEMORANDUM FROM COUNCIL PRESIDENT ELORIVERA DATED JANUARY 4, 2024, REMOVING COUNCILMEMBER WHITBURN FROM THE COMMUNITY AND NEIGHBORHOOD SERVICES COMMITTEE; ADDING COUNCILMEMBER CAMPBELL TO THE PUBLIC SAFETY COMMITTEE; AND ADDING COUNCILMEMBER VON WILPERT AS VICE CHAIR TO THE COMMUNITY AND NEIGHBORHOOD SERVICES COMMITTEE; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:22 p.m.
COUNCIL ACTION: Start Time: 3:22 PM