THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 6, 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 .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 Item 250: Call for Nominations to the Commission on Police Practices ....................................7 REPORT OUT FROM CLOSED SESSION..................................................................................8 ADJOURNMENT ...................................................................................................................9 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, February 6, 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 10:14 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 2:26 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
*CD-2 Councilmember Jennifer Campbell
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 Campbell, Council President Pro Tem Montgomery Steppe, and Councilmember Moreno participated in the meeting by teleconference.
ABSENT:
None.
CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-not 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
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 6, 2023
(9) Council President Elo-Rivera-present
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember LaCava.
CLOSED SESSION
Conference with Legal Counsel – Anticipated Litigation, pursuant to California Government Code Section 54956.9(d)(2):
CS-1 In the Matter of City of San Diego, April 2020 Sanitary Sewer Overflow, Sweetwater River, San Diego Bay
Notice of Violation No. R9-2020-0204 and Investigative Order No. R9-2020-205 Risk Management Department Claim File No. N/A
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 6, 2023
CDCA Assigned: M. D. Ables
This case arises from a sanitary sewer overflow that occurred on April 10-11, 2020, into the Sweetwater River and the San Diego Bay. The San Diego Regional Water Quality Control Board (Board) issued a Notice of Violation and an Investigate Order on July 31, 2020. Subsequent negotiations with the Board have resulted in a proposed settlement. The City Attorney’s Office will present the settlement to the Mayor and City Council for consideration and approval.
COUNCIL ACTION: Start Time: 10:03 AM
Public testimony by Lori Saldaña and Blair Beekman.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, February 6, 2023
CS-2 Christopher Buffin v. City of San Diego
San Diego Court Case No. 37-2016-00002402-CU-PO-CTL
Risk Management Department Claim File No. 11212
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 6, 2023
DCA Assigned: S. M. Robinson
This case arises from a bicycle accident on Santa Fe Street in Pacific Beach. 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 Lori Saldaña and Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-3 Malinda Moore v. City of San Diego
San Diego Superior Court Case No. 37-2022-00003971-CU-PO-CTL Risk Management Department Claim File No. 28575
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 6, 2023
DCA Assigned: K. R. Yee
Plaintiff alleges she sustained injuries as a result of stepping on a tilting water meter box lid in the sidewalk near 1971 Willow Street. The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.
COUNCIL ACTION: Start Time: 10:03 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1 (virtual):
Blair Beekman commented on San Diego Gas & Electric issues; and Downtown police presence.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 6, 2023
COUNCIL ACTION: Start Time: 2:11 PM
PUBLIC COMMENT-2 (virtual):
Joy Sunyata commented on trees along Children’s Park; clean-up from Chinese New Year celebration; care center at Central Library; and streamlining the grant process.
COUNCIL ACTION: Start Time: 2:13 PM
PUBLIC COMMENT-3 (virtual):
Terri-Ann Skelley commented on reducing pot and vape shops.
COUNCIL ACTION: Start Time: 2:15 PM
PUBLIC COMMENT-4 (virtual):
Barbara Gordon commented on marijuana use causing heart disease.
COUNCIL ACTION: Start Time: 2:17 PM
PUBLIC COMMENT-5 (virtual):
Kathleen Lippitt commented on marijuana use and driving.
COUNCIL ACTION: Start Time: 2:19 PM
PUBLIC COMMENT-6 (virtual):
Peggy Walker commented on marijuana poisoning our children.
COUNCIL ACTION: Start Time: 2:21 PM
PUBLIC COMMENT-7 (virtual):
Ann Riddle commented on marijuana second-hand smoke.
COUNCIL ACTION: Start Time: 2:23 PM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 6, 2023
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
COUNCIL COMMENT-1:
Councilmember LaCava acknowledged the Environment Committee is investigating the reason behind the doubling of natural gas prices and why San Diego Gas & Electric did not employ industry standard mechanisms to protect rate payers in a volatile energy market. He stated investigations revealed that there are no proactive measures in place. Councilmember LaCava expressed that there is no protection for San Diegans under the current structure. He commended the Environment Committee for their hard work. Councilmember LaCava urges the California Public Utilities Commission ensure the public is protected going forward.
COUNCIL ACTION: Start Time: 2:03 PM
COUNCIL COMMENT-2:
Councilmember von Wilpert thanked Councilmember LaCava for his leadership in continuing to docket items to review San Diego Gas & Electric at Committee. She mentioned natural gas increases and being unsatisfied with their responses. Councilmember von Wilpert wrote the California Public Utilities Commission President Alice Reynolds requesting her to have an investigative hearing on all the utility companies in California. She encouraged the public to continue to pressure the California Public Utilities Commission because they set the rates.
Councilmember von Wilpert confirmed the Committee will continue to demand answers.
COUNCIL ACTION: Start Time: 2:05 PM
COUNCIL COMMENT-3:
Council President Elo-Rivera thanked Councilmember LaCava and Councilmember von Wilpert for their sharp response and useful direction as to where folks can help apply pressure in regard to San Diego Gas & Electric gas rates. He also shared that the Utilities Commission hold San Diego Gas & Electric accountable.
COUNCIL ACTION: Start Time: 2:06 PM
COUNCIL COMMENT-4:
Councilmember Campbell stated that utilities can’t charge a profit. She mentioned that either San Diego Gas & Electric price gouged itself or suppliers are gouging. Councilmember Campbell noted that she is glad to hear that the California Public Utilities Commission is looking into this.
COUNCIL ACTION: Start Time: 2:07 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 6, 2023
NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.
Item 250: Call for Nominations to the Commission on Police Practices.
The Commission on Police Practices (Commission) is an investigatory body of the City, independent of the Mayor, Police Chief, and Police Department. Effective December 18, 2020, City Charter section 41.2 established the Commission on Police Practices, which supersedes and replaces the Community Review Board on Police Practices. The implementation ordinance for the Commission on Police Practices took effect on November 19, 2022.
In accordance with SDMC §26.1105, City Council is responsible for appointing all members of the Commission. Council Policy 000-13: Procedure for Mayor and Council Appointments, includes a process for each Council member to submit nominations to fill these seats.
Nominations shall also be considered from the public, community-based organizations, or the Commission.
The public and community-based organizations may nominate a candidate by filling out a nomination form with appropriate supportive documents at bit.ly/nominatecpp. The public and community-based organizations may submit one nominee for each seat. The Council shall only consider written nominations made by the public and community-based organizations if nominees accept their nomination in writing prior to Council consideration.
Each Councilmember may also submit one nominee for each seat. In the appointment process, Council shall submit a nomination packet, which shall include the nomination memo, a copy of the completed onboard application, and any additional information in support of the such nominee. Council shall submit all nominations packets directly to [email protected].
The deadline for submission for Council review is February 15, 2023, 11:59 pm.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 6, 2023
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 2:26 p.m.
COUNCIL ACTION: Start Time: 2:26 PM