THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 27, 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: Police Fiscal Year 2023 Appropriation Ordinance Update ........................................8 Item 201: Fiscal Year 2023 Mid-Year Budget Monitoring Report .............................................9 Item 202: ECB Georgia Street Vacation – Project No. 699360...............................................10 Item 203: Appeal of the Environmental Determination for the Inn at Sunset Cliffs - Project No. 231328 .............................................................................................................................11 Item 250: Approval of the Final Map “Valley Ridge Estates Unit 2”........................................13 REPORT OUT FROM CLOSED SESSION................................................................................14 ADJOURNMENT .................................................................................................................15 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, February 27, 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 10:04 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. Council President Elo-Rivera recessed the regular meeting at 5:56 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the regular meeting at 6:02 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 6:25 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, Councilmember Lee, and Councilmember Moreno participated in the meeting by teleconference.
CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 27, 2023
(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 Councilmember LaCava.
CLOSED SESSION
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:
CS-1 City Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kristina Peralta, Deputy Chief Operating Officer
Jessica Lawrence, 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 Erik Hanson, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Jonnabelle Domingo, Senior Human Resources Officer, Human Resources Department Curt Glaser, Senior Human Resources Officer, Human Resources Department Peaches Howell, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Interim Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Program Manager, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Dianne Mitra, Associate Human Resources Analyst, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, February 27, 2023
Rolando Charvel, Department of Finance Director and City Comptroller Benjamin Battaglia, Assistant Director, Department of Finance Jeffrey Peelle, Assistant Director, 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 Ambar Gutierrez, Interim Principal Accountant, Department of Finance Virgilio Afan Jr., Interim Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
John Wood, Assistant Fire Chief, Fire-Rescue Department Christopher Webber, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief, Fire-Rescue Department David Gerboth, Deputy Fire Chief, Fire-Rescue Department Robert Logan, Deputy Fire Chief, Fire-Rescue Department David Nisleit, Police Chief, Police Department
Chris Mcgrath, Executive Assistant Chief, Police Department Terence Charlot, Assistant Police Chief, Police Department Jim McNeill, Assistant City Attorney, Office of the City Attorney 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.
Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Charles Modica, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst 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, 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, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:
American Federation of State, County and Municipal Employees, Local 127 (AFSCME Local 127) Deputy City Attorneys Association (DCAA)
International Association of Fire Fighters, AFL-CIO, Local 145 (Local 145) San Diego Municipal Employees’ Association (MEA)
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 27, 2023
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 27, 2023 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 to meet and confer over the terms and conditions related to successor Memoranda of Understanding with the American Federation of State, County, and Municipal Employees, Local 127 (Local 127); Deputy City Attorneys Association of San Diego (DCAA); and San Diego Municipal Employees Association (MEA) and meet and confer to amend the MOU with the International Association of Fire Fighters, AFL-CIO, Local 145 (Local 145); San Diego Police Officers Association (POA); and California Teamsters Local 911 (Local 911).
COUNCIL ACTION: Start Time: 10:03 AM
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-2 Climate Action Campaign, et al. v. City of San Diego San Diego Superior Court Case No. 37-2022-00036430-CU-TT-CTL Risk Management Department Claim File No. 30636
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 27, 2023 DCA Assigned: J. Mickova Will
This case challenges the City’s approval of the Climate Action Plan (CAP) Update Package under the California Environmental Quality Act (CEQA). 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.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1 (virtual):
Barbara Gordon commented on warning labels on marijuana products.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 27, 2023
COUNCIL ACTION: Start Time: 6:06 PM
PUBLIC COMMENT-2 (virtual):
Terri-Ann Skelley commented on expanding pot businesses.
COUNCIL ACTION: Start Time: 6:07 PM
PUBLIC COMMENT-3 (virtual):
Blair Beekman commented on Vision Zero.
COUNCIL ACTION: Start Time: 6:09 PM
PUBLIC COMMENT-4 (virtual):
Lori Saldaña commented on ceding time; and vacant trailers intended for emergency housing.
COUNCIL ACTION: Start Time: 6:11 PM
PUBLIC COMMENT-5 (virtual):
Peggy Walker commented on THC potency caps.
COUNCIL ACTION: Start Time: 6:13 PM
PUBLIC COMMENT-6 (virtual):
Unknown caller commented on evictions; and Pure Water Program.
COUNCIL ACTION: Start Time: 6:16 PM
PUBLIC COMMENT-7 (virtual):
Kathleen Lippitt commented on control of illegal market.
COUNCIL ACTION: Start Time: 6:18 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 27, 2023
PUBLIC COMMENT-8 (virtual):
Joy Sunyata commented on homelessness crisis.
COUNCIL ACTION: Start Time: 6:21 PM
PUBLIC COMMENT-9 (virtual):
Truth commented on Democratic Socialists of America.
COUNCIL ACTION: Start Time: 6:22 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
COUNCIL COMMENT-1:
Councilmember Moreno notified the City Council and the public of the dates she will be attending City Council and Committee meetings virtually due to just cause related to her childcare needs.
COUNCIL ACTION: Start Time: 2:02 PM
Item 200: Police Fiscal Year 2023 Appropriation Ordinance Update.
Total Estimated Cost of Proposed Action and Funding Source:
Department General Fund overtime expenditures through Period 5 (November) are $21.3 million of the Department’s total overtime budget of $40.2 million. Overall, Department overtime is projected to be over its overtime budget by approximately $9.2 million at the end of the year.
The primary reason for the increase is due to the department taking a proactive approach to increases in violent crime and staffing shortages. Additionally, approximately $1.0 million of the overtime increase is due to union negotiated salary increases approved after the budget was developed.
Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 27, 2023
This item is informational only.
Committee Actions Taken: N/A
Police Department: Kyle Meaux, (619) 531-2221
COUNCIL ACTION: Start Time: 3:17 PM
Item 201: Fiscal Year 2023 Mid-Year Budget Monitoring Report.
Total Estimated Cost of Proposed Action and Funding Source:
See attached Fiscal Year 2023 Mid-Year Budget Monitoring Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-404) ADOPTED AS RESOLUTION R-314604
Resolution amending appropriations in the Fiscal Year 2023 Budget in accordance with recommendations in the Fiscal Year 2023 Mid-Year Budget Monitoring Report.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on February 8, 2023.
ACTION: Motion by Committee Member LaCava, second by Committee Member Lee, to recommend Council approval of Staff's proposed actions with a request that the Police Appropriate Ordinance Update be heard as a separate item at full Council.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Department of Finance: Ambar Gutierrez, (619) 533-6297
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:06 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; Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, February 27, 2023
Nay: (None);
Recused: (None);
Not Present: (None).
Item 202: ECB Georgia Street Vacation – Project No. 699360.
Total Estimated Cost of Proposed Action and Funding Source:
All processing costs are paid from a deposit account maintained by the applicant.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-402) CONTINUED TO TUESDAY, FEBRUARY 28, 2023 Resolution determining that this Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15305.
This resolution also determines that an exception to the exemption as set forth in CEQA Guidelines section 15300.2 does not apply.
Directing the City Clerk to file a Notice of Exemption with the Clerk of the Board of Supervisors for the County of San Diego regarding the Project.
This item is not subject to the Mayor's veto.
Subitem-B: (R-2023-401) CONTINUED TO TUESDAY, FEBRUARY 28, 2023 Resolution ordering vacated Public Right-of-Way Vacation No. 2592174, as more particularly described in the legal description and shown on Drawing No. 42596-B, both attached to this resolution, subject to the condition to assure the closure of the alley entrance and restoration of curb, gutter and sidewalk on Georgia Street.
This resolution also reserves and excepts from Public Right-of-Way Vacation No. 2592174 an easement for public utility purposes.
This resolution also orders the Development Services Department record a certified copy of this resolution with attached exhibits, attested by the City Clerk under seal, in the Office of the County Recorder.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, February 27, 2023
Development Services: Bryan Hudson, (619) 446-5333
City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 2:05 PM
MOTION BY SEAN ELO-RIVERA TO CONTINUE TO TUESDAY, FEBRUARY 28, 2023, AT 2:00 PM, TO ALLOW ENOUGH DISCUSSION ON THE CURRENT AGENDA ITEMS. Second by Marni von Wilpert.
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).
Item 203: Appeal of the Environmental Determination for the Inn at Sunset Cliffs - Project No. 231328.
Total Estimated Cost of Proposed Action and Funding Source:
None with this action. All costs related to processing this project are covered by a deposit account maintained by the applicant. In addition, each appellant paid a fee as required per SDMC Section 112.0510.
Council District(s) Affected: 2.
Proposed Actions:
(R-2023-454) GRANTED THE APPEALS AND SET ASIDE THE ENVIRONMENTAL DETERMINATION; ADOPTED AS RESOLUTION R-314605
Appeal of the Mitigated Negative Declaration No. 231328/SCH No. 2014081073 for a Site Development Permit allowing the demolition and removal of an existing seawall, related structures, concrete deck and fire pits, and construction of a new seawall easterly of the current seawall on the site developed with the Inn at Sunset Cliffs, located at 1370 Sunset Cliffs Boulevard, within the Ocean Beach Community Plan area.
According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal and approve the environmental determination of Mitigated Negative Declaration No. 231328/SCH No. 2014081073; or Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, February 27, 2023
(2) By a majority vote, grant the appeal and set aside the environmental determination in accordance with San Diego Municipal Code Section 112.0520(f).
Directing the City Attorney to prepare the appropriate resolution according to Section 40 of the City Charter;
If the City Council grants the appeal, the lower-decision maker's decision to approve the project shall be held in abeyance. The City Council shall retain jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Martha Blake, (619) 446-5375
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 4:26 PM
Public testimony by Barbara Houlton, Craig Sherman, Mark Johnson, Marco Gonzales, Chandra Slauen, Lee Andelin, Walter Crampton, Livia Borak Beaudin, Jeff Anson, Kevin Wohlmut, Kevin Hastings, Natalie Clagett, Jeff Anson, Lori Saldaña, and Mitch Silverstein.
MOTION BY JENNIFER CAMPBELL TO WAIVE RULES OF COUNCIL 2.6.1 AND 2.6.2. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo;
Nay: Vivian Moreno, Sean Elo-Rivera;
Recused: (None);
Not Present: (None).
Motion by Jennifer Campbell to deny the appeals and approve the environmental determination.
Second by Raul A. Campillo.
Failed by the following vote:
Yea: Jennifer Campbell, Stephen Whitburn, Raul A. Campillo; Nay: Joe LaCava, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Recused: (None);
Not Present: (None).
MOTION BY SEAN ELO-RIVERA TO GRANT THE APPEALS AND SET ASIDE THE ENVIRONMENTAL DETERMINATION. Second by Joe LaCava.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, February 27, 2023
Passed by the following vote:
Yea: Joe LaCava, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: Jennifer Campbell, Stephen Whitburn, Raul A. Campillo; 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: Approval of the Final Map “Valley Ridge Estates Unit 2”.
Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Valley Ridge Estates Unit 2" (V.T.M. No. 537335, PTS No. 97083) located on the north of Del Mar Mesa Road, west of Little McGonigle Ranch Road, in the AR-1-1 Zone of the Del Mar Mesa Specific Plan, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council.
A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion.
If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Frederick R. LePage (619) 446-5434.
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 27, 2023
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, February 27, 2023
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:25 p.m.
COUNCIL ACTION: Start Time: 6:25 PM