THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JANUARY 9, 2023
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 .........................................................................................6
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 Item 200: Performance Audit of the Mission Bay and San Diego Regional Parks Improvement Funds, Fiscal Year 2021........................................................................................................8 Item 201: Informational Update on Civic Center Revitalization Project ....................................9 Item 202: Drinking Water State Revolving Fund Loan for Lakeside Valve Station Replacement .9 Item 203: Paseo Montril - Project No. 658273.....................................................................11 REPORT OUT FROM CLOSED SESSION................................................................................13 ADJOURNMENT .................................................................................................................13 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, January 9, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 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 Councilmember Campbell and Councilmember Campillo not present. Councilmember Campillo arrived to the meeting at 2:09 p.m. The meeting was adjourned by Council President Elo-Rivera at 4:44 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe 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
*NOTE: Councilmember Moreno participated in the meeting by teleconference.
ABSENT:
CD-2 Councilmember Jennifer Campbell (Excused by Resolution R-315116, due to medical leave.)
ASSISTANT CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, January 9, 2023
INVOCATION
The invocation was given by Assistant City Clerk Diana Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Mayra Tinajero and Kelley Klemaske v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2017-00007161-CU-PA-CTL (consolidated with San Diego Superior Court Case No. 37-2017-00011629-CU-PA-CTL)
Risk Management Department Claim File No. 13718
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 9, 2023
DCA Assigned: L. D. McCoy
This case arises from a car accident involving a San Diego Police Department employee and two pedestrians. 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 Lori Saldaña.
Council President Elo-Rivera closed the hearing.
CS-2 Denise Cazares v. City of San Diego, et al
San Diego Superior Court Case No. 37-2019-00028771-CU-PO-CTL Risk Management Department Claim File No. 20321
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 9, 2023
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, January 9, 2023
SCDCA Assigned: S. J. Plotkin-Wolff
This case arises from a motor vehicle versus pedestrian accident that occurred on S. 47th Street. 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 Lori Saldaña.
Council President Elo-Rivera closed the hearing.
CS-3 Protection for Educ'l Rights for Kids v. City of San Diego San Diego Superior Court Case No. 37-2022-00003636-CU-CR-CT Risk Management Department Claim File No. 28912
Reopen San Diego v. City of San Diego
San Diego Superior Court Case No. 22cv208 GPC-DDL
Risk Management Department Claim File No. 29051
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 9, 2023
DCA Assigned: M. A. Wharton
These cases involve challenges to the City’s COVID-19 vaccine ordinance. 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 Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-4 Melissa Cooper v City of San Diego
San Diego Superior Court Case No. 37-2022-00035665 CU-PO-CTL Risk Management Department Claim File No. 25818
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 9, 2023
DCA Assigned: K. L. McGeehan
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, January 9, 2023
This case arises from an accident that occurred on September 10, 2020, when Plaintiff fell off a rented Bird scooter. Plaintiff alleges she was traveling west on 400 W. Market Street, between State Street and Columbia Street when she hit a pothole in the roadway that caused her to fall off the scooter and sustain injuries. 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 Lori Saldaña.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation, pursuant to California Government Code Section 54956.9(d)(4):
CS-5 Number of Cases: One
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 9, 2023
DCA Assigned: A. R. Wander
The City Attorney's Office will discuss the potential to accept a settlement offer or to initiate litigation, and to seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Council President Elo-Rivera closed the hearing.
Public Employment – Evaluation for Interim City Clerk position, pursuant to California Government Code Section 54957(b)(1):
CS-6 Title: Interim City Clerk
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 9, 2023
DCA Assigned: M. Merrell
COUNCIL ACTION: Start Time: 10:04 AM
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, January 9, 2023
PUBLIC COMMENT-1:
Greg Carlson commented on lack of parking enforcement.
COUNCIL ACTION: Start Time: 4:20 PM
PUBLIC COMMENT-2:
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 4:21 PM
PUBLIC COMMENT-3:
Lori Saldaña commented on the cost of living is killing San Diegans.
COUNCIL ACTION: Start Time: 4:23 PM
PUBLIC COMMENT-4:
Joshua Zhou commented on the border.
COUNCIL ACTION: Start Time: 4:26 PM
PUBLIC COMMENT-5 (virtual):
Barbara Gordon commented on banning smoking in public spaces to enhance the Think Blue campaign.
COUNCIL ACTION: Start Time: 4:28 PM
PUBLIC COMMENT-6 (virtual):
Kathleen Lippitt commented on drug policies.
COUNCIL ACTION: Start Time: 4:31 PM
PUBLIC COMMENT-7 (virtual):
Kelly McCormick commented on including marijuana in Dry January.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, January 9, 2023
COUNCIL ACTION: Start Time: 4:33 PM
PUBLIC COMMENT-8 (virtual):
Becky Rapp commented on the effects of marijuana use on unborn babies.
COUNCIL ACTION: Start Time: 4:35 PM
PUBLIC COMMENT-9 (virtual):
Terri-Ann Skelley commented on marijuana use effects on mental health.
COUNCIL ACTION: Start Time: 4:37 PM
PUBLIC COMMENT-10 (virtual):
Peggy Walker commented on fentanyl deaths and drug overdoses.
COUNCIL ACTION: Start Time: 4:39 PM
PUBLIC COMMENT-11 (virtual):
Judi Strang commented on the effects of marijuana use on unborn babies.
COUNCIL ACTION: Start Time: 4:41 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: Performance Audit of the Mission Bay and San Diego Regional Parks Improvement Funds, Fiscal Year 2021.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with the proposed action.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, January 9, 2023
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken:
This item was heard at the Audit Committee meeting on September 21, 2022.
ACTION: Motion by Chair Whitburn, second by Committee Member Halpern, to accept the report and forward it to City Council.
VOTE: 4-0; Whitburn-yea, Halpern-yea, Maffia-yea, Tabshouri-yea, Moreno-not present.
Office of the City Auditor: Andy Hanau, (619) 533-3108
COUNCIL ACTION: Start Time: 3:44 PM
Item 201: Informational Update on Civic Center Revitalization Project.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 3.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Economic Development: Jay Goldstone, (619) 236-6429
COUNCIL ACTION: Start Time: 2:05 PM
Item 202: Drinking Water State Revolving Fund Loan for Lakeside Valve Station Replacement.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, January 9, 2023
See Staff Report for fiscal considerations.
Council District(s) Affected: Outside of City limits.
Proposed Actions:
(O-2023-97) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 24, 2023 Introduction of an Ordinance authorizing financing from the State Water Resources Control Board in a principal amount that is currently expected not-to-exceed $55 million through the Drinking Water State Revolving Fund and related actions in connection with the Lakeside Valve Station Replacement.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on December 7, 2022.
ACTION: Motion by Chair Cate, second by Vice Chair Elo-Rivera, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Cate-yea, Elo-Rivera-yea, Moreno-yea, Montgomery Steppe-not present.
Debt Management: Allison Falkenstein, (619) 533-4516
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 4:14 PM
MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Sean Elo-Rivera.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
Item 203: Paseo Montril - Project No. 658273.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, January 9, 2023
No City expenditures are being approved with this action. All costs associated with processing of this project are paid through a deposit account by the applicant.
Council District(s) Affected: 5.
Proposed Actions:
Approval of all actions necessary for the Paseo Montril Project (“Project”) for the re-designation of a 4.90-acre portion (Lot 1) of the overall 15.20-acre site from Open Space to Residential (Medium-Low Density) for a multi-family residential development consisting of 55 condominium dwelling units, including the allocation of 6 affordable dwelling units (2 on-site and 4 off-site); Conservation of 10.30-acres (Lot 2) as Open Space; a public utility easement vacation; associated public and private improvements; and Design Guidelines for the proposed residential development, within the Rancho Peñasquitos Community Plan area. The project requests deviations from Base Zone regulations for setbacks, maximum structure height, retaining wall height and steel hillside guideline regulations. Rezone from RM-2-5 and RS-1-14 to RM-1-1 and OC-1-1 zones to allow residential development on Lot 1 and the conservation of open space on Lot 2. The 15.20-acre site is located at east end of Paseo Montril, west of interstate 15, and east of Rancho Peñasquitos Boulevard in the RM-2-5 and RS-1-14 zones.
Subitem-A: (R-2023-338) ADOPTED AS RESOLUTION R-314559
Resolution certifying Environmental Impact Report No. 658273/SCH No. 2021030038, adopting the Findings and Statement of Overriding Considerations, and adopting the Mitigation, Monitoring, and Reporting Program.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2023-339 Cor. Copy) ADOPTED AS RESOLUTION R-314560 Resolution adopting amendments to the General Plan to redesignate portion of land located at the east end of Paseo Montril and north of Interstate 15, from Park, Open Space and Recreation to Residential and an amendment to the Rancho Peñasquitos Community Plan to redesignate portions of land from Open Space to Residential – Medium-Low.
Subitem-B is not subject to the Mayor's veto.
Subitem-C: (O-2023-98) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 24, 2023 Introduction of an Ordinance changing 15.20-acres located at the Eastern Terminus of Paseo Montril, West of Interstate 15, east of Rancho Peñasquitos Boulevard, with the Rancho Peñasquitos Community Plan area from RM-2-5 (residential-multiple unit) zone to the OC-1-1 (open space – conservation) zone; and from the RM-2-5 (residential-multiple unit) and RS-1-14 (residential-single unit) zones to the RM-1-1 (residential-multiple unit) zone.
Subitem-C is not subject to the Mayor's veto.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, January 9, 2023
Subitem-D: (R-2023-340) ADOPTED AS RESOLUTION R-314561
Resolution approving Site Development Permit No. 2416738 and Neighborhood Development Permit No. 2513173.
Subitem-D is not subject to the Mayor's veto.
Subitem-E: (R-2023-341 Cor. Copy) ADOPTED AS RESOLUTION R-314562 Resolution approving Vesting Tentative Map No. 2416742 with an Easement Vacation No. 2513171.
Subitem-E is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Martin R. Mendez, (619) 446-5309
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 4:02 PM
Public testimony by Allen Kashani.
MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTIONS IN SUBITEMS A, B, D, AND E; AND INTRODUCE THE ORDINANCE IN SUBITEM C. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:44 p.m.
COUNCIL ACTION: Start Time: 4:44 PM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, January 9, 2023