THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 26, 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, IBA, CITY CLERK COMMENT ..........................................6 Item 200: Audit of the City’s Programs Responsible for Improving Pedestrian Safety ...............7 Item 201: City Auditor’s Fraud Hotline Report of Purchase Order Approvals ............................8 Item 202: Information Technology Solution for a Real Estate Software Contract......................9 Item 203: Fiscal Year 2024 Mid-Year Budget Monitoring Report ...........................................10 Item 250: Submission of Ballot Proposals for the November 5, 2024, Ballot...........................11 Item S400: Approving Ancillary Use - Cuatro at City Heights Affordable Housing Project ........12 REPORT OUT FROM CLOSED SESSION................................................................................13 ADJOURNMENT .................................................................................................................14 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, February 26, 2024
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 10:13 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:02 p.m. with Council District 4 vacant. Councilmember Campillo left the meeting at 2:50 p.m. Councilmember Campillo returned to the meeting at 4:20 p.m. The meeting was adjourned by Council President EloRivera at 5:12 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-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, February 26, 2024
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 Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 City of San Diego v. 101 Ash, LLC et al.
San Diego Superior Court Case No. 37-2020-00036247-CU-CO-CTL Risk Management Department Claim File No. N/A
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 26, 2024 ACA Assigned: J. McNeill and M. T. Phelps
Outside Counsel: D. Semerdjian and J. Schena, Schwartz Semerdjian This item involves the City’s claims against its contractors for negligent disruption of asbestos during renovations of the 101 Ash Street property. 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: 10:03 AM
Public testimony by TheOriginalDra.
Council President Elo-Rivera closed the hearing.
CS-2 John A. Gordon v. 101 Ash, LLC et al.
San Diego Superior Court Case No. 37-2020-00028837-CU-FR-CTL Risk Management Department Claim File No. N/A
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 26, 2024 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, February 26, 2024
ACA Assigned: J. McNeill and M. T. Phelps
Outside Counsel: D. Semerdjian and J. Schena, Schwartz Semerdjian This case challenges the lease purchase agreement related to the 101 Ash Street property. The Complaint seeks a declaration that the agreement is void and to prevent any further payments on the lease, and also seeks disgorgement of prior City payments. Plaintiff has appealed the trial court’s ruling that his case is moot. 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: 10:03 AM
Public testimony by Mike Aguirre and TheOriginalDra.
Council President Elo-Rivera closed the hearing.
CS-3 In re: Bird Global, Inc., et al.
U.S. Bankruptcy Court, Southern Dist. of Florida, Miami Division Case No. 23-20514-CLC
Risk Management Department Claim File No. N/A
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 26, 2024 ACA Assigned: M.T. Phelps and Sr. DCA S. Robinson
Outside Counsel: Steve Berman, Shumaker, and Vincent Renda, Pinnacle Legal, P.C.
This matter involves Bird Global, Inc.’s Chapter 11 bankruptcy filing and its impact on the lawsuits filed against the City arising from incidents involving Bird scooters. 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: 10:03 AM
Public testimony by TheOriginalDra.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
U.S. citizen concerned with integrity of the U.S. constitution commented on 14th Amendment Section 1 thru the 1st amendment.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 26, 2024
COUNCIL ACTION: Start Time: 4:51 PM
PUBLIC COMMENT-2 (virtual):
Francine Maxwell commented on District 4 residents.
COUNCIL ACTION: Start Time: 4:53 PM
PUBLIC COMMENT-3 (virtual):
Terri-Ann Skelly commented on marijuana, vaping, and Dr. Guy’s research.
COUNCIL ACTION: Start Time: 4:55 PM
PUBLIC COMMENT-4 (virtual):
Barbara Gordon commented on marijuana consumption.
COUNCIL ACTION: Start Time: 4:57 PM
PUBLIC COMMENT-5 (virtual):
Peggy Walker commented on marijuana and fentanyl.
COUNCIL ACTION: Start Time: 4:59 PM
PUBLIC COMMENT-6 (virtual):
Joy Sunyata commented Fiscal Year 2025 budget.
COUNCIL ACTION: Start Time: 5:01 PM
PUBLIC COMMENT-7 (virtual):
TheOriginalDra commented on migrant centers.
COUNCIL ACTION: Start Time: 5:03 PM
PUBLIC COMMENT-8 (virtual):
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 26, 2024
Becky Rapp commented on pot shops and marijuana.
COUNCIL ACTION: Start Time: 5:05 PM
PUBLIC COMMENT-9 (virtual):
Judi Strang commented on marijuana and recalls.
COUNCIL ACTION: Start Time: 5:07 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
MAYORAL COMMENT:
Kohta Zaiser introduced himself as the new Council Affairs Advisor for the Mayor’s Office. He updated FEMA’s declaration stating that it provides financial assistance for residents affected by flood damage. Kohta stated this assistance is designed to help people get back on their feet and start the rebuilding process. People can start applying by logging into disasterassistance.gov or call 800-621-FEMA or download the FEMA app for information on starting an application. Individuals can also visit a disaster recovery center once they’re established here in San Diego. The FEMA registration deadline for San Diegan’s is April 18.
COUNCIL ACTION: Start Time: 2:03 PM
INDEPENDENT BUDGET ANALYST COMMENT:
Independent Budget Analyst Modica announced the IBA’s Office will have an annual crash course on the budget for the public that will cover how City budget works, key components on budget, and budget equity considerations and partnerships with the Office of Race and Equity. The date for the crash course is March 21st, and there is more information on the website to register.
COUNCIL ACTION: Start Time: 2:05 PM
CITY CLERK COMMENT:
City Clerk Fuentes announced that fees are being waived for US passport books that were damaged or lost during the floods. She said to contact the Office of the City Clerk by either calling 619-533-4000 or [email protected] for further information on how to obtain a replacement passport that was affected during the floods.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 26, 2024
COUNCIL ACTION: Start Time: 2:05 PM
Item 200: 2023 High Risk Re-Review: Performance Audit of the City’s Programs Responsible for Improving Pedestrian Safety.
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 November 15, 2023.
ACTION: Motion by Chair Whitburn, second by Vice Chair Moreno, 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: 3:35 PM
Item 201: City Auditor’s Fraud Hotline Report of Purchase Order Approvals.
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 September 20, 2023.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 26, 2024
ACTION: Motion by Chair Whitburn, second by Vice Chair Moreno, to accept the report and forward it to the City Council as an informational item.
VOTE: 5-0; Whitburn-yea, Moreno-yea, Tabshouri-yea, Halpern-yea, Maffia-yea.
Office of the City Auditor: Andy Horita, (619) 533-3013 COUNCIL ACTION: Start Time: 3:22 PM
Item 202: Approval of an Information Technology Solution for a Real Estate Management Software Contract Between the City of San Diego and GCR Inc., DBA TADERA.
Total Estimated Cost of Proposed Action and Funding Source:
This contract is for an amount of $500,000 in Year 1, and $90,000 annually in each subsequent year, and not-to-exceed $1,400,000 in total over the contract term of 10 years. Funding for this Contract will come from Department of Real Estate and Airport Management General Fund (75%) and Airports Enterprise Fund (25%). In Fiscal Year 2024 Adopted Budget, $500,000 was approved for this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-75) INTRODUCED WITH DIRECTION, TO BE ADOPTED TUESDAY, MARCH 12, 2024 Introduction of an Ordinance authorizing a contract with GCR, Inc., dba Tadera to provide an information technology solution for real estate management software in an amount not-toexceed $1,400,000. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421 City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 4:07 PM
MOTION BY KENT LEE TO INTRODUCE WITH DIRECTION TO STAFF TO WORK WITH THE INDEPENDENT BUDGET ANALYST’S OFFICE TO TRACK ADDITIONAL REVENUE RECEIVED VIA THE NEW SOFTWARE. Second by Jennifer Campbell.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, February 26, 2024
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 203: Fiscal Year 2024 Mid-Year Budget Monitoring Report.
Total Estimated Cost of Proposed Action and Funding Source:
See attached Fiscal Year 2024 Mid-Year Budget Monitoring Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-355) ADOPTED AS RESOLUTION R-315373
Resolution amending appropriations in the Fiscal Year 2024 Budget in accordance with recommendations in the Fiscal Year 2024 Mid-Year Budget Monitoring Report.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on February 7, 2024.
ACTION: Motion by Vice Chair Moreno, second by Committee Member LaCava, to recommend Council approval of staff’s proposed actions with the request that prior to this item being considered at the City Council, the Department of Finance, the IBA and the Housing Commission work together to provide:
a. The most up-to-date projections on how much of the $2.25 million approved by the Housing Authority will be utilized to house flood victims;
b. A projection of how the requested $10 million mid-year appropriation will be used.
VOTE: 4-0; Lee-yea, Moreno-yea, Elo-Rivera-yea, LaCava-yea.
Department of Finance: Christopher Purcell, (619) 236-6775 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:07 PM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, February 26, 2024
MOTION BY KENT LEE TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo;
Vacant: District 4.
NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.
Item 250: Submission of Ballot Proposals for the November 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 November 5, 2024, election.
DATE
DAYS
BEFORE
ELECTION
EVENT
Friday, 03/29/2024 221
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Thursday, 04/18/2024 201
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, 06/05/2024 153
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
Monday, 06/10/2024 148
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, February 26, 2024
Friday, 08/09/2024 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, 08/12/2024 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, 08/14/2024 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 S400: Resolution Approving Ancillary Use - Cuatro at City Heights Affordable Housing Project.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: 9.
Proposed Actions:
(R-2024-366) ADOPTED AS RESOLUTION R-315374
Resolution of the Council of the City of San Diego approving ancillary non-residential use for the Cuatro at City Heights affordable housing project within the mid-city community plan area.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 4:32 PM
MOTION BY STEPHEN WHITBURN 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 12 for the Regular Meeting of Monday, February 26, 2024
Vacant: District 4.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, February 26, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:12 p.m. in honor of the memory of:
Roy Benjamin Cazares as requested by Councilmember Moreno.
COUNCIL ACTION: Start Time: 5:10 PM