THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 13, 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 ..........................................................................................................................3 INVOCATION.......................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 CLOSED SESSION................................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................7 Item 200: City of San Diego Fiscal Years 2024-2028 Five-Year Capital Infrastructure Planning Outlook...............................................................................................................................7 Item 201: Fiscal Year 2022 Annual Comprehensive Financial Report (ACFR)............................8 Item 250: Call for Nominations to the Commission on Police Practices ....................................9 Item S400: FY 2024 Updated City Council Budget Priorities....................................................9 REPORT OUT FROM CLOSED SESSION................................................................................11 ADJOURNMENT .................................................................................................................11 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, February 13, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. Councilmember von Wilpert arrived to the meeting at 10:05 a.m. Council President Elo-Rivera recessed the meeting at 10:06 a.m. to convene the Special Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 10:07 a.m. with all Councilmembers present.
The meeting was recessed by Council President Elo-Rivera at 10:08 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the regular meeting at 5:14 p.m. to convene the Special Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 5:15 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 5:16 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
ABSENT:
None.
*NOTE: Councilmember Campbell and Councilmember Moreno participated in the meeting by teleconference.
CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 13, 2023
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-not present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(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 Council President Pro Tem Montgomery Steppe.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Andre Verdun, et al. v. City of San Diego
United States District Court Case No. 19cv0839 ABJ (WVG) United States Court of Appeal Ninth Circuit Case No. 21-55046 Risk Management Department Claim File No. 22420
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 13, 2023 SDCA Assigned: M. A. Wharton
This case arises from the City's use of the tire-chalking method to enforce time limits on Cityowned parking spaces. 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
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, February 13, 2023
Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation, pursuant to California Government Code Section 54956.9(d)(4):
CS-2 Number of Cases: One
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 13, 2023 SDCA Assigned: M. A. Wharton
Outside Counsel: Cecilia Miller and Ryan Caplan of Buchalter The City Attorney's Office will discuss whether to initiate litigation and to seek direction.
COUNCIL ACTION: Start Time: 10:03 AM
Public testimony by Mary Gasner.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-3 PQ-NE Action Group v. City of San Diego
San Diego Superior Court Case No. 37-2021-00033583-CU-TT-CTL Risk Management Department Claim File No. 27592
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 13, 2023 DCA Assigned: B. P. Syz
This item involves litigation related to the Junipers project, a housing development project in the Rancho Peñasquitos Community Plan Area approved by the City on June 15, 2021. PQ-NE Action Group filed litigation to seek issuance of a writ of mandate to invalidate the City’s approval due to the City’s alleged failure to comply with the California Environmental Quality Act. 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 Ron Askeland.
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 13, 2023
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Jason Moore commented on agriculture in San Diego’s education.
COUNCIL ACTION: Start Time: 4:52 PM
PUBLIC COMMENT-2:
Lori Saldaña commented on conflicts of interest.
COUNCIL ACTION: Start Time: 4:54 PM
PUBLIC COMMENT-3 (virtual):
Blair Beekman commented on community advisory board; and accountability with technology.
COUNCIL ACTION: Start Time: 4:57 PM
PUBLIC COMMENT-4 (virtual):
Elizabeth Klueck commented on permits to allow day camp to stay at Mission Bay.
COUNCIL ACTION: Start Time: 5:00 PM
PUBLIC COMMENT-5 (virtual):
Joy Sunyata commented on people of Turkey; Arts and Culture; and World Design Capital 2024.
COUNCIL ACTION: Start Time: 5:03 PM
PUBLIC COMMENT-6 (virtual):
Jason Fry commented on Streets of Hope non-profit.
COUNCIL ACTION: Start Time: 5:05 PM
PUBLIC COMMENT-7 (virtual):
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 13, 2023
Sarina Harris commented on permits for Nature Day Camp.
COUNCIL ACTION: Start Time: 5:07 PM
PUBLIC COMMENT-8 (virtual):
Kelly McCormick commented on marijuana prescriptions.
COUNCIL ACTION: Start Time: 5:08 PM
PUBLIC COMMENT-9 (virtual):
Becky Rapp commented on regulations limiting flavors being added to marijuana products.
COUNCIL ACTION: Start Time: 5:10 PM
PUBLIC COMMENT-10 (virtual):
Judi Strang commented on budget priorities; and marijuana billboards.
COUNCIL ACTION: Start Time: 5:13 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
COUNCIL COMMENT-1:
Council President Elo-Rivera noted the tragedy in Turkey and Syria and the aftermath of the earthquake that hit them. He shared that we send our thoughts, prayers, well wishes, and support efforts their way.
COUNCIL ACTION: Start Time: 2:02 PM
Item 200: City of San Diego Fiscal Years 2024-2028 Five-Year Capital Infrastructure Planning Outlook.
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 7
for the Regular Meeting of Monday, February 13, 2023
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Engineering & Capital Projects: Rania Amen, (619) 533-6667 COUNCIL ACTION: Start Time: 3:04 PM
Item 201: Fiscal Year 2022 Annual Comprehensive Financial Report (ACFR).
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide
Proposed Actions:
(R-2023-358) ADOPTED AS RESOLUTION R-314596
Resolution receiving and filing the Fiscal Year 2022 Annual Comprehensive Financial Report of the City.
Committee Actions Taken:
This item was heard at the Audit Committee meeting on January 25, 2023.
ACTION: Motion by Vice Chair Moreno, seconded by Committee Member Halpern, to recommend Council approval of staff's proposed actions.
VOTE: 5-0; Whitburn-yea, Moreno-yea, Halpern-yea, Maffia-yea, Tabshouri-yea.
Department of Finance: William Weisman, (619) 236-6397
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 4:25 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 13, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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.
Item S400: FY 2024 Updated City Council Budget Priorities.
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 9
for the Regular Meeting of Monday, February 13, 2023
Proposed Actions:
(R-2023-377) ADOPTED AS RESOLUTION R-314597
Resolution accepting the Independent Budget Analyst's Fiscal Year 2024 Report on Updated City Council Budget Priorities and directing that the report, along with updated Councilmember Budget Priority Memoranda, be delivered to the Mayor's Office for consideration in preparing the Fiscal Year 2024 Budget.
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee on February 8, 2023.
ACTION: Motion by Committee Member LaCava, seconded by Committee Member Lee, to forward the updated budget priorities highlighted in IBA Report 23-02 to Council for formal adoption with the inclusion of the priorities listed in the Supplemental Council District 1 Fiscal Year 2024 Budget Priorities Memo provided by Committee Member LaCava:
1. Add up to 37.00 full time employees, paid for by overtime cost savings, per City Auditor 20141 recommendation.
2. Request the City Auditor’s Office update the 2014 Fire-Rescue Overtime Report based on current overtime and fringe costs and variables.
3. Fund a true relief factor study to refine and identify the optimal number of Fire-Rescue FTEs necessary to fulfill the Department’s mission.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Office of the Independent Budget Analyst: Lisa Byrne, (619) 236-5917 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, 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 10 for the Regular Meeting of Monday, February 13, 2023
REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out from Closed Session. https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports COUNCIL ACTION: Start Time: 5:14 PM
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:16 p.m.
COUNCIL ACTION: Start Time: 5:16 PM