THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JANUARY 22, 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 .........................................................................................8
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................10 Item 200: Update on the Redevelopment of the City-Owned Real Property Located at 3220, 3240, 3250 and 3500 Sports Arena Boulevard (Midway Site).................................................10 Item 201: Proposed Revisions to Shared Mobility Device (SMD) Program ..............................11 REPORT OUT FROM CLOSED SESSION................................................................................12 ADJOURNMENT .................................................................................................................13 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, January 22, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. Councilmember von Wilpert arrived to the meeting at 10:03 a.m. Councilmember Moreno arrived to the meeting at 10:06 a.m. The meeting was recessed by Council President Elo-Rivera at 10:21 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:04 p.m. with Council District 4 vacant. The meeting was adjourned by Council President Elo-Rivera at 4:55 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) Council District vacant
(5) Councilmember von Wilpert-not present
(6) Councilmember Lee-present
(7) Councilmember Campillo-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, January 22, 2024
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
CLOSED SESSION
Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8:
CS-1 Property: Approximately 48.5-acre Sports Arena site, located at 3500, 3250, 3220, and 3240 Sports Arena Boulevard, in the Midway-Pacific Highway Community REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 22, 2024
DCA Assigned: K. J. Reisch and D. G. Williams
The City will provide instruction to its negotiating team (Deputy Chief Operating Officer Casey Smith and Economic Development Director Christina Bibler) regarding potential price and terms of payment with Midway Rising, LLC, for the approximate 48.5-acre Sports Arena site, located at 3500, 3250, 3220 and 3240 Sports Arena Boulevard, in the Midway-Pacific Highway Community.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Audra and Lori Saldaña.
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
Matthew Vespi, Chief Financial Officer
Kris McFadden, Deputy Chief Operating Officer
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, January 22, 2024
Kristina Peralta, Deputy Chief Operating Officer
Casey Smith, Deputy Chief Operating Officer
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
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 Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, January 22, 2024
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 Teamsters, Local 911 (Teamsters)
San Diego Police Officers Association (SDPOA)
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 22, 2024
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 San Diego City Firefighters, I.A.F.F. Local 145 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, January 22, 2024
(Local 145); California Teamsters Local 911 (Local 911); and San Diego Police Officers Association (POA).
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by 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-3 Climate Action Campaign, et al. v. City of San Diego San Diego Superior Court Case No. 37-2022-00036430-CU-TT-CTL Risk Management Department Claim File No.: 30636
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 22, 2024
DCA Assigned: J. Mickova Will
This case arises from Petitioner’s challenge to the City’s passage of the 2022 Climate Action Plan (CAP) and 2022 CAP Update Package. 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 Lori Saldaña.
Council President Elo-Rivera closed the hearing.
CS-4 Coastal Environmental Rights Foundation v. City of San Diego San Diego Superior Court Case No. 37-2023-00006754-CU-TT-CTL Risk Management Department Claim File No.: 31798
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 22, 2024
CDCA Assigned: T. L. Krentz
This case arises from Petitioner’s challenge to the City’s approval of the Mira Mesa Community Plan Update. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, January 22, 2024
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Audra and Lori Saldaña.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
U.S. citizen concerned with the integrity of the U.S. Constitution commented on First amendment of the U.S. Constitution applied to the 14th amendment.
COUNCIL ACTION: Start Time: 4:22 PM
PUBLIC COMMENT-2 (virtual):
Terri-Ann Skelly commented on marijuana.
COUNCIL ACTION: Start Time: 4:25 PM
PUBLIC COMMENT-3 (virtual):
Lori Saldaña commented on unhoused residents.
COUNCIL ACTION: Start Time: 4:27 PM
PUBLIC COMMENT-4 (virtual):
Barbara Gordon commented on secondhand tobacco and marijuana smoke.
COUNCIL ACTION: Start Time: 4:29 PM
PUBLIC COMMENT-5 (virtual):
Becky Rapp commented on marijuana causing psychosis.
COUNCIL ACTION: Start Time: 4:31 PM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, January 22, 2024
PUBLIC COMMENT-6 (virtual):
Francine Maxwell commented on Southeast San Diego residents and flood.
COUNCIL ACTION: Start Time: 4:33 PM
PUBLIC COMMENT-7 (virtual):
Kathleen Lippitt commented on substance use.
COUNCIL ACTION: Start Time: 4:35 PM
PUBLIC COMMENT-8 (virtual):
Kelly McCormick commented on fentanyl.
COUNCIL ACTION: Start Time: 4:37 PM
PUBLIC COMMENT-9 (virtual):
Megan Stuart commented on Southeast San Diego flooding.
COUNCIL ACTION: Start Time: 4:39 PM
PUBLIC COMMENT-10 (virtual):
Peggy Walker commented on banning tobacco.
COUNCIL ACTION: Start Time: 4:41 PM
PUBLIC COMMENT-11 (virtual):
Al Del Mastro commented on senior housing.
COUNCIL ACTION: Start Time: 4:43 PM
PUBLIC COMMENT-12 (virtual):
Lauren Harriman commented on tobacco.
COUNCIL ACTION: Start Time: 4:45 PM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, January 22, 2024
PUBLIC COMMENT-13 (virtual):
Audra commented on climate and weather.
COUNCIL ACTION: Start Time: 4:47 PM
PUBLIC COMMENT-14 (virtual):
Katherine Douglas commented on privacy ordinance requirement.
COUNCIL ACTION: Start Time: 4:49 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: Update on the Redevelopment of the City-Owned Real Property Located at 3220, 3240, 3250 and 3500 Sports Arena Boulevard (Midway Site).
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 2.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Casey Smith, (619) 236-6573 COUNCIL ACTION: Start Time: 2:05 PM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, January 22, 2024
Item 201: Proposed Revisions to Shared Mobility Device (SMD) Program.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-289) DIRECTION GIVEN
Resolution determining that the Ordinance amending Chapter 8, Article 3, Division 3 of the San Diego Municipal Code by amending sections 83.0305, 83.0307, 83.0308, and 83.0310, relating to Shared Mobility Devices is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (O-2024-54) DIRECTION GIVEN
Introduction of an Ordinance amending Chapter 8, Article 3, Division 3 of the San Diego Municipal Code by amending sections 83.0305, 83.0307, 83.0308, and 83.0310, relating to Shared Mobility Devices.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on November 8, 2023.
ACTION: Motion by Chair Lee, second by Vice Chair LaCava, to approve staff's proposed actions and forward this item to full Council for consideration with the request that the Office of Council District 6 continues to work with the City Attorney’s Office to finalize municipal code language and provide legal analysis, in addition to working with the Independent Budget Analyst to determine the fiscal impact of the proposed fee modification prior to a City Council hearing on this item.
VOTE: 3-0; Lee-yea, LaCava-yea, von Wilpert-yea, Monica Montgomery Steppe-not present.
Council District 6: Katherine Johnston, (619) 236-7053
City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 2:59 PM
MOTION BY KENT LEE TO DIRECT THE CITY ATTORNEY’S OFFICE AND SUSTAINABILITY AND MOBILITY DEPARTMENT WORK WITH COUNCIL DISTRICT 6 OFFICE TO REVIEW PROPOSED ADJUSTMENTS AND COME BACK TO COUNCIL AT A FUTURE DATE. Second by Sean Elo-Rivera.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, January 22, 2024
Passed by the following vote:
Yea: Joe LaCava, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: Jennifer Campbell, Stephen Whitburn, Marni von Wilpert; Recused: (None);
Not Present: (None);
Vacant: District 4.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, January 22, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:55 p.m. in honor of the memory of:
James M. Fitzgerald as requested by Council President Pro Tem LaCava; and Charles Pretto as requested by Councilmember Campbell.
COUNCIL ACTION: Start Time: 4:52 PM