THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, SEPTEMBER 23, 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 LAND ACKNOWLEDGEMENT .................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 CLOSED SESSION................................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................8
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................11 Item 200: Update on the Redevelopment of the City-Owned Real Property Located at 3220, 3240, 3250 and 3500 Sports Arena Boulevard (Midway Site).................................................11 Item S400: Approval of First Amendment to Parking Management Contract for Library Department with Ace Parking, Inc .......................................................................................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, September 23, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. Councilmember Foster arrived to the meeting at 10:04 a.m. The meeting was recessed by Council President Elo-Rivera at 10:23 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:05 p.m. with Councilmember Campbell, Councilmember Whitburn, and Councilmember von Wilpert not present. Council President Elo-Rivera recessed the meeting at 3:15 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 3:18 p.m. with Councilmember Campbell, Councilmember Whitburn, and Councilmember von Wilpert not present. The meeting was adjourned by Council President Elo-Rivera at 3:59 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Pro Tem Joe LaCava
CD-3 Councilmember Stephen Whitburn
CD-4 Councilmember Henry L. Foster III
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
CD-2 Councilmember Jennifer Campbell
CD-5 Councilmember Marni von Wilpert
CITY CLERK:
Fuentes (km)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-not present
(5) Councilmember von Wilpert-not present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, September 23, 2024
(9) Council President Elo-Rivera-present
INVOCATION
The invocation was given by City Clerk J.S. Fuentes.
LAND ACKNOWLEDGEMENT
Statement read by Council President Pro Tem LaCava.
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 Paul Hiller v. City of San Diego
San Diego Superior Court Case No. 37-2023-00016879-CU-PO-CTL Risk Management Department Claim File No.: 32022
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 23, 2024 DCA Assigned: I. G. Williamson
This case arises from an alleged trip and fall incident that occurred on August 27, 2022, at or near 3914 Gresham Street in the Pacific Beach neighborhood. 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: 10:05 AM
Public testimony by Joy Sunyata, TheOriginalDra, and John Stump.
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, September 23, 2024
Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):
CS-2 Police Pistol Range; San Diego County Air Pollution Control District Notice of Violation No. APCD2022-NOV-000430
San Diego County Air Pollution Control District Notice of Violation No. APCD2022-NOV-000430 Risk Management Department Claim File No.: N/A
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 23, 2024 SDCA Assigned: F. M. Ortlieb
The City Attorney’s Office will discuss the facts and circumstances of the 2022 Notice of Violation alleging lead contamination emanating from newly installed metal bullet traps with the Mayor and City Council and seek direction.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Joy Sunyata, TheOriginalDra and John Stump.
Council President Elo-Rivera closed the hearing.
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:
CS-3 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
Alia Khouri, Deputy Chief Operating Officer
Kris McFadden, Deputy Chief Operating Officer
Kristina Peralta, Deputy Chief Operating Officer
Casey Smith, Deputy Chief Operating Officer
Matt Yagyagan, 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 Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, September 23, 2024
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 Sophia Williams, Senior Human Resources Officer, Human Resources Department Linda Chambers, Senior Human Resources Officer, Human Resources Department Scott Harris, Human Resources Officer, Human Resources Department Brian Mallard, Human Resources Officer, Human Resources Department Erica Balakian, Human Resources Officer, Human Resources Department Yvette Davis-Duckett, Human Resources Officer, Human Resources Department Hannah Filley, Human Resources Officer, Human Resources Department Kanella Glover, Human Resources Officer, Human Resources Department Tiffany McKay-Hawkins, Human Resources Officer, Human Resources Department Lorene Parker, Human Resources Officer, Human Resources Department Tracie Woolslayer, Human Resources Officer, 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 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, Fire Chief, Fire-Rescue Department
Paul Connelly, Deputy 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 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 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, September 23, 2024
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, Senior 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, Senior Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:
Teamsters, Local 911 (Teamsters)
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 23, 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 on the Night Crew Policy with California Teamsters Local 911 (Local 911).
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Joy Sunyata, TheOriginalDra, and John Stump.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, September 23, 2024
Council President Elo-Rivera closed the hearing.
Conference with Real Property Negotiator, pursuant to California Government Code Section 54956.8:
CS-4 Property: 101 Ash Street, San Diego, California
Agency Negotiators:
Christina Bibler, Economic Development Director
Jay Goldstone, Special Advisor to the Mayor
Casey Smith, Deputy Chief Operating Officer
Negotiating Parties:
City of San Diego and (1) Homeless No More, Inc., a California nonprofit public benefit corporation; (2) Affirmed Housing Group, a California corporation; and (3) Create Dev LLC / MRK Partners Inc.
Under Negotiation:
Price and payment terms for potential disposition of an interest or estate in the real property located at 101 Ash Street, San Diego, CA, 92101.
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 23, 2024 SDCA Assigned: K. Reisch
DCA Assigned: B. Byun
The Council will meet with its negotiators to discuss potential price and payment terms for the potential disposition of an interest or estate in the real property located at 101 Ash Street, San Diego, California, 92101.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Joy Sunyata, Clifford, Mike Aguirre, and TheOriginalDra.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Keith Turner commented on homelessness.
COUNCIL ACTION: Start Time: 3:30 PM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, September 23, 2024
PUBLIC COMMENT-2:
Joy Sunyata commented on homeless.
COUNCIL ACTION: Start Time: 3:32 PM
PUBLIC COMMENT-3:
Paul Krueger commented on Get It Done.
COUNCIL ACTION: Start Time: 3:34 PM
PUBLIC COMMENT-4:
Lori Saldaña commented on TBD (homelessness, contracts, and council rules).
COUNCIL ACTION: Start Time: 3:37 PM
PUBLIC COMMENT-5 (virtual):
Blair Beekman commented on public comment.
COUNCIL ACTION: Start Time: 3:39 PM
PUBLIC COMMENT-6 (virtual):
Barbara Gordon commented on impact of marijuana on youth.
COUNCIL ACTION: Start Time: 3:41 PM
PUBLIC COMMENT-7 (virtual):
Kathleen Lippitt commented on cannabis control.
COUNCIL ACTION: Start Time: 3:44 PM
PUBLIC COMMENT-8 (virtual):
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, September 23, 2024
Terri-Ann Skelley commented on tobacco and marijuana secondhand smoke.
COUNCIL ACTION: Start Time: 3:46 PM
PUBLIC COMMENT-9 (virtual):
Peggy Walker commented on the harmful effects of marijuana on children.
COUNCIL ACTION: Start Time: 3:47 PM
PUBLIC COMMENT-10 (virtual):
Clifford commented on Ash Street property.
COUNCIL ACTION: Start Time: 3:49 PM
PUBLIC COMMENT-11 (virtual):
Madison commented on impact of cannabis on pregnancy.
COUNCIL ACTION: Start Time: 3:51 PM
PUBLIC COMMENT-12 (virtual):
Megan Stuart commented on commercialization of marijuana.
COUNCIL ACTION: Start Time: 3:53 PM
PUBLIC COMMENT-13 (virtual):
Becky Rapp commented on marijuana advertisement and safety act.
COUNCIL ACTION: Start Time: 3:55 PM
PUBLIC COMMENT-14 (virtual):
TheOriginalDra commented on Council meeting changes and help for people with suicidal thoughts.
COUNCIL ACTION: Start Time: 3:57 PM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, September 23, 2024
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
CITY CLERK COMMENT:
City Clerk Fuentes announced the City Clerk’s Office will have its first drop box in the City of San Diego City Hall. The ballot drop box will be open beginning October 8th through election day. Registration forms will be available at the entrance of council chambers and the firstfloor lobby in multiple languages. City Clerk Fuentes thanked the Election and Information Services teams along with the County Registrar of Voters for making this happen. You may log into sdvote.com, to register online or check your registration status.
COUNCIL ACTION: Start Time: 2:05 PM
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:
This is an informational item only; there is no cost associated with this item.
Council District(s) Affected: 2.
Proposed Actions:
ITEM PRESENTED
This is an informational item only.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
COUNCIL ACTION: Start Time: 2:27 PM
Item S400: Approval of First Amendment to Parking Management Contract for Library Department with Ace Parking, Inc.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, September 23, 2024
With the inclusion of the First Amendment to the Contract with ACE Parking, the total not-toexceed amount is $1,845,768, an increase of $350,148. The contract will be funded by General Fund, Fund 100000, Library Department, Business Area 1713.
Council District(s) Affected: 3.
Proposed Actions:
(O-2025-31) CONTINUED TO TUESDAY, NOVEMBER 12, 2024
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Contract with Ace Parking, Inc., extending the Contract through December 31, 2024, and increasing the amount of the Contract by $350,148 for a total not-to-exceed amount of $1,845,768, in connection with the provision of Library parking management services. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Library: Raul Gudino, (619) 236-5889
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 2:09 PM & 3:11 PM
Motion by Raul A. Campillo to introduce. Second by Joe LaCava.
Failed by the following vote:
Yea: Joe LaCava, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: Henry L. Foster III;
Recused: (None);
Not Present: Jennifer Campbell, Stephen Whitburn, Marni von Wilpert.
MOTION BY RAUL A. CAMPILLO TO CONTINUE TO TUESDAY, NOVEMBER 12, 2024, FOR FURTHER REVIEW. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean EloRivera; Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Stephen Whitburn, Marni von Wilpert.
REPORT OUT FROM CLOSED SESSION
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, September 23, 2024
None.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, September 23, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:59 p.m.
COUNCIL ACTION: Start Time: 3:59 PM