THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JANUARY 23, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 30: Marcelle Voorhies Rossman Day ...........................................................................10 Item 31: San Diego Mesa College 60th Anniversary Day ......................................................11 Item 50: Exemption of a Program Coordinator Position in the Office of the City Attorney from the Classified Service..........................................................................................................11 Item 51: Exemption of One Program Manager Position in the Compliance Department from the Classified Service ...............................................................................................................12 Item 52: First Amendment to the Consulting Agreement with Nathan Page for the Cañon Street Pocket Park Public Art Project (H176929).............................................................................13 Item 100: Settlement of Angelo Pizarro, et al. v. City of San Diego, San Diego Superior Court No. 37-2019-00044450-CU-PA-CTL, Claim No. 21367 ...........................................................14 Item 101: Settlement of Apolinario Chan, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2022-00026440 CU-EI-CTL, Risk Claim No. 28140 .............................................15 Minutes of Tuesday, January 23, 2024 Page 2
Table of Contents (Continued)
Item 102: Settlement of Christine Boulton-Hunyady v. City of San Diego, San Diego Superior Court No. 37-2022-00012065-CU-WT-CTL; Claim No. 28531 .................................................16 Item 103: Settlement of Miguel Angel Pizarro, et al. v. City of San Diego, San Diego Superior Court No. 37-2019-00039360-CU-PA-CTL, Claim No. 21367 ..................................................17 Item 104: Settlement of Property Damage Claim of Morena Smog, LLC, Claim No. 30765.......... ........................................................................................................................................18 Item 105: Settlement of Property Damage Claim of ESIS aso The Irvine Company, Claim No. 29275 ...............................................................................................................................19 Item 106: This item was removed from the Agenda ............................................................19 Item 107: Appointments to the San Diego Convention Center Corporation, Inc. Board ...........20 Item 108: Appointments to the Youth Commission ..............................................................20 Item 109: Appointments and Reappointment to the Mission Bay Park Committee ..................21 Item 110: Appointment to the San Diego Housing Commission ............................................22 Item 330: Proposed Amendments to the Transparent and Responsible Use of Surveillance Technology Ordinance (TRUST Ordinance) ..........................................................................23 Item S500: Settlement of Estate of Jose Alfredo Castro-Gutierrez v. City of San Diego, United States District Court No. 21-cv-01292-H-BGS, Claim No. 26024 .............................................25 Item S501: Human Trafficking Prevention Month ................................................................26 Item S502: Alberto Cortes Day...........................................................................................27 Item S503: Settlement of Michael Bloom, et al. v. City of San Diego, et al., United States District Court No. 17cv2324 (AJB) DEB, Claim No. 18372 ......................................................27 REPORT OUT FROM CLOSED SESSION................................................................................28 ADJOURNMENT .................................................................................................................29 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, January 23, 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 11:37 a.m. for the noon recess 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. Council President Elo-Rivera recessed the meeting at 2:04 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 3:17 p.m. with Council District 4 vacant. Council President Elo-Rivera recessed the regular meeting at 5:33 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the regular meeting at 6:13 p.m. with Council District 4 vacant. The meeting was adjourned by Council President Elo-Rivera at 6:21 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 (cp/gs)
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-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, January 23, 2024
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember von Wilpert.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Amit Dhuleshia commented on rodeo.
COUNCIL ACTION: Start Time: 11:03 AM
PUBLIC COMMENT-2:
Rachel Hosler commented on rodeo.
COUNCIL ACTION: Start Time: 11:05 AM
PUBLIC COMMENT-3:
Maggie Bellah commented on rodeo.
COUNCIL ACTION: Start Time: 11:08 AM
PUBLIC COMMENT-4:
Liz Jacobelley commented on rodeo.
COUNCIL ACTION: Start Time: 11:10 AM
PUBLIC COMMENT-5:
Camila Alaasam commented on rodeo.
COUNCIL ACTION: Start Time: 11:12 AM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, January 23, 2024
PUBLIC COMMENT-6:
Brian Chavez commented on rodeo.
COUNCIL ACTION: Start Time: 11:14 AM
PUBLIC COMMENT-7:
Michele Walther commented on rodeo.
COUNCIL ACTION: Start Time: 11:16 AM
PUBLIC COMMENT-8:
Herb Zapata commented on rodeo.
COUNCIL ACTION: Start Time: 11:18 AM
PUBLIC COMMENT-9:
U.S. Citizen Concerned with the Integrity of the United States Constitution commented on 1st Amendment applied to the 14th Amendment.
COUNCIL ACTION: Start Time: 11:20 AM
PUBLIC COMMENT-10 (virtual):
Terri-Ann Skelly commented on warning signs for tobacco.
COUNCIL ACTION: Start Time: 11:22 AM
PUBLIC COMMENT-11 (virtual):
Joy Sunyata commented on scooters; Midway Rising; and Quiet Zone.
COUNCIL ACTION: Start Time: 11:24 AM
PUBLIC COMMENT-12 (virtual):
Becky Rapp commented on regulations for smoke shops.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, January 23, 2024
COUNCIL ACTION: Start Time: 11:26 AM
PUBLIC COMMENT-13 (virtual):
Megan Stuart commented on vape waste.
COUNCIL ACTION: Start Time: 11:29 AM
PUBLIC COMMENT-14 (virtual):
Audra commented on the people.
COUNCIL ACTION: Start Time: 11:31AM
PUBLIC COMMENT-15 (virtual):
Blair Beekman commented on communication; human rights; and peace.
COUNCIL ACTION: Start Time: 11:33 AM
PUBLIC COMMENT-16 (virtual):
Judi Strang commented on tobacco grant money.
COUNCIL ACTION: Start Time: 11:35 AM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember Whitburn acknowledged the students from St. Augustine High School here today. He stated that many civic leaders have come out of St. Augustine’s and knows there are a number of future civic leaders who are sitting here now. Councilmember Whitburn mentioned that the class joined us in Chambers today to witness civic engagement firsthand.
He thanked their speech instructor, Vladimir Bachynsky, for bringing them to join us today.
COUNCIL ACTION: Start Time: 10:35 AM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, January 23, 2024
COUNCIL COMMENT-2:
Councilmember von Wilpert honored the incredible work that the City Attorney’s Office is doing in gun violence prevention. She mentioned an article recently published titled “San Diego continues to lead in the use of gun seizure orders to curb credible threats of violence.” Councilmember von Wilpert stated she was glad the students were here today knowing that gun violence prevention is a major issue. She commended the City Attorney for being recognized as a Nationwide leader in responding to threats of school violence.
COUNCIL ACTION: Start Time: 10:36 AM
COUNCIL COMMENT-3:
Council President Pro Tem LaCava recognized the City Attorney for all the good she does. He mentioned the extraordinary storm event, giving a shot-out to first responders who put their lives on the line to help individuals who were trapped, and individuals that stepped up to help a neighbor or complete stranger. Council President Pro Tem LaCava stated that we suffered a significant impact to our infrastructure which will be addressed in the coming weeks.
COUNCIL ACTION: Start Time: 10:37 AM
COUNCIL COMMENT-4:
Council President Elo-Rivera welcomed the students from St. Augustine’s. He recognized that their ideas and their values are important to ensuring the City is doing better. Council President Elo-Rivera visited many of the neighborhoods in his community that were impacted with significant water damage due to the storm. He applauded District 4 being hard at work, canvassing the streets, and letting people know of shelter opportunities. Council President Elo-Rivera addressed our infrastructure system is failing our residents especially our lower income communities. He stated we need to invest in a storm water system that serves the needs of all the residents in the City.
COUNCIL ACTION: Start Time: 10:39 AM
SPECIAL ORDERS OF BUSINESS
None.
APPROVAL OF COUNCIL MINUTES
APPROVED
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, January 23, 2024
11/06/2023
11/07/2023
11/13/2023 Adjourned
11/13/2023 Special
11/14/2023 Special
11/20/2023 Adjourned
11/21/2023 Adjourned
11/27/2023 Adjourned
11/28/2023 Adjourned
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.
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.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 30: Marcelle Voorhies Rossman Day.
MAYOR GLORIA AND COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
APPROVED
Proclaiming January 23, 2024, to be “Marcelle Voorhies Rossman Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:44 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Marni von Wilpert.
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.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, January 23, 2024
Item 31: San Diego Mesa College 60th Anniversary Day.
COUNCIL PRESIDENT ELO RIVERA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
APPROVED
Proclaiming January 31, 2024, to be “San Diego Mesa College 60th Anniversary Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:44 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Marni von Wilpert.
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 50: Exemption of a Program Coordinator Position in the Office of the City Attorney from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
This position is supplemental to the Fiscal Year 2024 Budget, the cost for which during the remainder of Fiscal Year will be satisfied by expected vacancy savings and state funding.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-51) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 6, 2024 Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the Office of the City Attorney from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 7, 2023. This position will be responsible for developing, coordinating, and managing programming and services for the Your Safe Place - A Family Justice Center. This Action is brought under San Diego Charter section 117(a)(17).
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, January 23, 2024
Office of the City Attorney: Jim McNeill, (619) 236-6220 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Joe LaCava.
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 51: Exemption of One Program Manager Position in the Compliance Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The projected annual salary for this position is approximately $151,200. The Compliance Department plans to fill this position early in the fourth quarter of the fiscal year, incurring about a quarter of the annual cost for this position paid from the General Fund. These costs will be absorbed as part of Compliance Department’s Fiscal Year 2024 budget through projected vacancy and non-personnel expenditure savings.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-53) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 6, 2024 Introduction of an Ordinance authorizing the exemption of a Program Manager position in the City's Compliance Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 7, 2023. This position will be responsible for overseeing the City's Capital Improvement Program Project Labor Agreement Monitoring Program. This Action is brought under San Diego Charter section 117(a)(17).
Committee Actions Taken: N/A
Compliance Department: Christiana Gauger, (619) 236-7158 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:08 AM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, January 23, 2024
CONSENT MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: Vivian Moreno;
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 52: First Amendment to the Consulting Agreement with Nathan Page for the Cañon Street Pocket Park Public Art Project (H176929).
Total Estimated Cost of Proposed Action and Funding Source:
This action appropriates $6,600 from the Peninsula Urban Community Development Impact Fees (DIF) Fund, for a total project amount of $36,600.
Council District(s) Affected: 2.
Proposed Actions:
Adopt the following ordinance which was introduced on 01/09/2024, Item 50, (Council voted 7- 0, Councilmember von Wilpert-not present, District 4-Vacant):
(O-2024-32) ADOPTED AS ORDINANCE O-21759 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Consulting Agreement with artist Nathan Page, extending the Consulting Agreement through May 1, 2026, in connection with the Cañon Street Pocket Park Public Art Project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on December 6, 2023.
ACTION: Motion by Committee Member Campbell, second by Committee member Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campillo-yea, Campbell yea, Lee-yea.
Commission for Arts and Culture: Christine Jones, (619) 236-6661 Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, January 23, 2024
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
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 100: Settlement of Angelo Pizarro, et al. v. City of San Diego, San Diego Superior Court No. 37-2019-00044450-CU-PA-CTL, Claim No. 21367.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $1,875,000 will be paid from Public Liability Fund No. 720045.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-271 Cor. Copy) ADOPTED AS RESOLUTION R-315310
Resolution authorizing the settlement of Angelo Pizarro, et al. v. City of San Diego, et al., San Diego Superior Court No. 37-2019-00044450-CU-PA-CTL, related to a response to a 5150 call and a car collision that occurred on August 23, 2018. Claim No. 21367.
Committee Actions Taken: N/A
Office of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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);
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, January 23, 2024
Not Present: (None);
Vacant: District 4.
Item 101: Settlement of Apolinario Chan, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2022-00026440 CU-EI-CTL, Risk Claim No. 28140.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $75,000 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-261 Cor. Copy) ADOPTED AS RESOLUTION R-315311
Resolution authorizing the settlement of Apolinario Chan, et al. v. City of San Diego, Case No. 37-2022-00026440 CU-EI-CTL, related to alleged property damage as a result of a flooding incident that occurred at 520 29th Street in the City of San Diego on September 24, 2021. Risk Claim No. 28140.
Committee Actions Taken: N/A
Office of the City Attorney: Catherine Turner, (619) 533-6486 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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 102: Settlement of Christine Boulton-Hunyady v. City of San Diego, San Diego Superior Court No. 37-2022-00012065-CU-WT-CTL; Claim No. 28531.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $250,000 will be paid from Public Liability Fund.
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, January 23, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-225) ADOPTED AS RESOLUTION R-315312
Resolution authorizing the settlement of Christine Boulton-Hunyady v. City of San Diego, San Diego Superior Court No. 37-2022-00012065-CU-WT-CTL related to a claim of retaliation after submitting a report to the Fraud Hotline. Risk No. 28531.
Committee Actions Taken: N/A
Office of the City Attorney: Aaron B. Markowitz, (619) 533-5651 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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 103: Settlement of Miguel Angel Pizarro, et al. v. City of San Diego, San Diego Superior Court No. 37-2019-00039360-CU-PA-CTL, Claim No. 21367.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $4,250,000 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-270) ADOPTED AS RESOLUTION R-315313
Resolution authorizing the settlement of Miguel Angel Pizarro, et al. v. City of San Diego, San Diego Superior Court No. 37-2019-00039360-CU-PA-CTL, related to a response to a 5150 call and a car collision that occurred on August 23, 2018. Claim No. 21367.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, January 23, 2024
Office of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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 104: Settlement of Property Damage Claim of Morena Smog, LLC, Claim No. 30765.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $142,637.63 will be paid from Water Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-200) ADOPTED AS RESOLUTION R-315314
Resolution authorizing the settlement of a pre-litigation claim filed by Morena Smog, LLC. alleging property damage stemming from a break in the City’s water main on October 18, 2022.
Claim No. 30765.
Committee Actions Taken: N/A
Office of the City Attorney: Dave E. Abad, (619) 533-5821 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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);
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, January 23, 2024
Vacant: District 4.
Item 105: Settlement of Property Damage Claim of ESIS aso The Irvine Company, Claim No. 29275.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $51,606.25 will be paid from the Water Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-201) ADOPTED AS RESOLUTION R-315315
Resolution authorizing the settlement of a pre-litigation claim filed by ESIS aso The Irvine Company alleging property damage stemming from a break in the City’s water main on October 22, 2021. Claim No. 29275.
Committee Actions Taken: N/A
Office of the City Attorney: Dave E. Abad, (619) 533-5821 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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 106: This item was removed from the Agenda.
Item 107: Appointments to the San Diego Convention Center Corporation, Inc. Board.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, January 23, 2024
There are no City expenditures required with this action.
Council District(s) Affected: 1, 3.
Proposed Actions:
(R-2024-269) ADOPTED AS RESOLUTION R-315316
Resolution confirming the Mayor's appointment of Sam Nejabat and Gretchen Newsom to the San Diego Convention Center Corporation Board of Directors for terms ending December 1, 2026.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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 108: Appointments to the Youth Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures that are being authorized with this action.
Council District(s) Affected: 3, 4.
Proposed Actions:
(R-2024-286) ADOPTED AS RESOLUTION R-315317
Resolution confirming the Mayor's appointments of Princess Dunn and Wyatt Spencer to the San Diego Youth Commission for terms ending July 1, 2024.
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, January 23, 2024
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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 109: Appointments and Reappointment to the Mission Bay Park Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 2, 3.
Proposed Actions:
(R-2024-276) ADOPTED AS RESOLUTION R-315318
Resolution confirming the Mayor's appointment of Ryan Karlsgodt and Catherine Jolley Umemoto for terms ending June 30, 2025, and reappointment of Dr. Judith Munoz for a term ending June 30, 2024, to the Mission Bay Park Committee.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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;
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, January 23, 2024
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 110: Appointment to the San Diego Housing Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 5.
Proposed Actions:
(R-2024-285) ADOPTED AS RESOLUTION R-315319
Resolution confirming the Mayor's appointment of Stephen Cushman to the San Diego Housing Commission for a term ending January 2, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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 330: Proposed Amendments to the Transparent and Responsible Use of Surveillance Technology Ordinance (TRUST Ordinance).
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, January 23, 2024
Proposed Actions:
(O-2024-49 Rev. Cor. Copy) INTRODUCED AS AMENDED BY INTERLINEATION, TO BE ADOPTED TUESDAY, FEBRUARY 6, 2024
Introduction of an Ordinance amending Chapter 2, Article 10, Division 1 of the San Diego Municipal Code by adding a new section 210.0101, renumbering and amending section 210.0101 to section 210.0102, adding a new section 210.0103, renumbering, retitling, and amending section 210.0102 to section 210.0104, renumbering, retitling, and amending section 210.0109 to a new section 210.0105, renumbering, retitling, and amending section 210.0103, subsections (a) through (d), to section 210.0106, renumbering and amending section 210.0104 to section 210.0107, renumbering, retitling, and amending section 210.0105 to section 210.0108, renumbering and amending section 210.0106 to section 210.0109, repealing section 210.0110 and renumbering and amending section 210.0107 to section 210.0110, renumbering and amending section 210.0108 to a new section 210.0111, and renumbering and amending section 210.0103 (e) to a new section 210.0112, relating to the approval process for use of surveillance technology.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on November 15, 2023.
ACTION: Motion by Committee Member Campbell, second by Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campillo-yea.
Office of the Mayor: Chloe Madison, (619) 236-6213
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 3:17 PM
MOTION BY MARNI VON WILPERT TO INTRODUCE THE ORDINANCE AS AMENDED BY INTERLINEATION CHANGING: 1) SECTION 210.0102 DEFINITIONS, SUBSECTION (D), BY INSERTING THE WORD “PROCUREMENT” BETWEEN THE WORDS “ACQUISITION” AND “USE”; 2) SECTION 210.0102 DEFINITIONS, SUBSECTION (I), TO READ “FEDERAL TASK FORCE
MEANS ANY GROUP OR COLLABORATION WITH AND BETWEEN CITY EMPLOYEES AND
FEDERAL OR STATE EMPLOYEES, OR ANY GROUP OR BODY ESTABLISHED OR CODIFIED BY FEDERAL OR STATE STATUTE, REGULATION, OR RULE”; 3) SECTION 210.0102 DEFINITIONS, SUBSECTION (O)(1)(F), BY INSERTING WORDS INTO THE FIRST PORTION TO READ “CITY
DATABASES, SOFTWARE, OR ENTERPRISE SYSTEMS USED BY CITY STAFF TO PREPARE, RECEIVE, OR RETAIN, OR ALL THREE, LEGALLY REQUIRED RECORDS AND INFORMATION”; 4) SECTION 210.0102 DEFINITIONS, SUBSECTION (O)(1)(K), BY ADDING THE WORDS “INCLUDING GPS AND AUTOMATIC VEHICLE LOCATORS INSTALLED IN CITY EQUIPMENT AND SAN DIEGO POLICE DEPARTMENT EARLY WARNING SYSTEMS; 5) SECTION 210.0102 DEFINITIONS, SUBSECTION (O)(1)(P), TO READ “EQUIPMENT DESIGNED TO DETECT THE Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, January 23, 2024
PRESENCE OF, OR IDENTIFY THE SOURCE OF, OR DISPOSE OF HAZARDOUS MATERIAL, SUCH AS CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR EXPLOSIVE MATERIALS”; 6) SECTION 210.0102 DEFINITIONS, SUBSECTION (O)(1)(Q), TO READ “SOFTWARE THAT THE SAN DIEGO
POLICE DEPARTMENT USES TO ANALYZE APPROVED OR EXEMPTED SURVEILLANCE TECHNOLOGY AND ITS ASSOCIATED DATA”; 7) SECTION 210.0104 BOARD REVIEW OF NEW SURVEILLANCE TECHNOLOGY, SUBSECTION (E), BY REPLACING “60” WITH “90”; 8) SECTION 210.0106 CITY COUNCIL APPROVAL OF NEW SURVEILLANCE TECHNOLOGY AND EXISTING SURVEILLANCE TECHNOLOGY, SUBSECTION (B)(3), BY ADDING THE WORDS “THE CITY
COUNCIL MAY MODIFY A PROPOSED SURVEILLANCE USE POLICY, IF THE CITY COUNCIL
DETERMINES THE MODIFICATION IS NECESSARY TO MEET THE STANDARD FOR APPROVAL
OF THE ACQUISITION AND USE OF THE SURVEILLANCE TECHNOLOGY ESTABLISHED IN THIS DIVISION”; 9) SECTION 210.0106 CITY COUNCIL APPROVAL OF NEW SURVEILLANCE TECHNOLOGY AND EXISTING SURVEILLANCE TECHNOLOGY, SUBSECTION (B)(4), TO READ “ONCE THE CITY COUNCIL HAS APPROVED A SURVEILLANCE USE POLICY, IT WILL REMAIN IN EFFECT AS THE CITY’S LEGALLY ENFORCEABLE POLICY UNTIL MODIFIED BY THE CITY COUNCIL”; 10) SECTION 210.0109 ENFORCEMENT, BY DELETING SUBSECTION (A)(1); 11) SECTION 210.0109 ENFORCEMENT, SUBSECTION (A)(2), BY REPLACING “90” WITH “30”; 12) SECTION 210.0110 CONTRACTS FOR SURVEILLANCE TECHNOLOGY, BY ADDING THE WORDS “ONCE THE CITY COUNCIL APPROVES A SURVEILLANCE USE POLICY, THE CITY MAY EXERCISE
ITS CONTRACTING AUTHORITY UNDER ESTABLISHED PROCUREMENT PROCESSES WITHOUT
ADDITIONAL PUBLIC REVIEW UNDER THIS DIVISION, UNLESS THE PROPOSED CONTRACT SEEKS TO EXPAND THE CAPABILITIES OF THE SURVEILLANCE TECHNOLOGY”; AND 13)
RENUMBERING SECTIONS AND/OR SUBSECTIONS AFFECTED BY THESE AMENDMENTS FOR CONSISTENCY AND CLARITY.
ALSO, COUNCIL REQUESTS THAT THE CITY’S MANAGEMENT TEAM PROVIDE APPLICABLE NOTICE UNDER MEYERS-MILIAS BROWN ACT TO THE CITY’S RECOGNIZED EMPLOYEE
ORGANIZATIONS AND REPORT BACK TO COUNCIL REGARDING ANY MANDATORY SUBJECTS OF BARGAINING IDENTIFIED. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo;
Nay: Vivian Moreno, Sean Elo-Rivera;
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item S500: Settlement of Estate of Jose Alfredo Castro-Gutierrez v. City of San Diego, United States District Court No. 21-cv-01292-H-BGS, Claim No. 26024.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $800,000 will be paid from the Public Liability Fund.
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, January 23, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-290) ADOPTED AS RESOLUTION R-315320
Resolution authorizing the settlement of The Estate of Jose Alfredo Castro-Gutierrez, et al. v. the City of San Diego, et al., United States District Court No. 21-CV-01292-H-BGS, related to the response and use of force on Jose Alfredo Castro-Gutierrez on October 19, 2020. Claim No. 26024.
Committee Actions Taken: N/A
Office of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item S501: Human Trafficking Prevention Month.
CITY ATTORNEY ELLIOT, COUNCILMEMBER VON WILPERT AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
APPROVED
Proclaiming the month of January 2024, to be “Human Trafficking Prevention Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:44 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Marni von Wilpert.
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, January 23, 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 S502: Alberto Cortes Day.
MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPBELL, COUNCILMEMBER WHITBURN, AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming January 20, 2024, to be “Alberto Cortes Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:44 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Marni von Wilpert.
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 S503: Settlement of Michael Bloom, et al. v. City of San Diego, et al., United States District Court No. 17cv2324 (AJB) DEB, Claim No. 18372.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $3,162,500 will be paid from Public Liability Fund, including $2,975,000 in recoverable attorneys’ fees and $187,500 in damages to Plaintiffs.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-182) ADOPTED AS RESOLUTION R-315321
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, January 23, 2024
Resolution authorizing the settlement of Michael Bloom, et al. v. City of San Diego, et al., United States District Court No. 17cv2324 (AJB) DEB, related to a claim of alleged violation of plaintiffs’ constitutional rights. Claim No. 18372.
Committee Actions Taken: N/A
Office of the City Attorney: Michelle T. Neff, (619) 533-5834 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: 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 26 for the Regular Meeting of Tuesday, January 23, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:21 p.m. in honor of the memory of:
Bloneva Head as requested by Council President Pro Tem LaCava.
COUNCIL ACTION: Start Time: 6:19 PM