THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, MARCH 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 ..........................................................................................................................2 INVOCATION.......................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 CLOSED SESSION................................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................4
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 Item 200: Revisions to, and Simplification of, the Miramar Landfill and Greenery Fee Schedule 7 Item 201: Adjustments to the Miramar Landfill and Greenery Fees.........................................8 REPORT OUT FROM CLOSED SESSION..................................................................................9 ADJOURNMENT .................................................................................................................10 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, March 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 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 10:03 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 3:02 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.
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-not present
(6) Councilmember Lee-present
(7) Councilmember Campillo-not 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, March 13, 2023
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 Joseph Lopez, et al. v. City of San Diego
San Diego Superior Court Case No. 37-2016-00027281-CU-PA-CTL Risk Management Department Claim File No. 11919
REFERRED TO CLOSED SESSION OF MONDAY, MARCH 13, 2023
DCAs Assigned: D. Abad and K. McGeehan
This wrongful death and personal injury lawsuit arises from a pedestrian versus car accident that occurred on Health Center Road on September 25, 2015. The City Attorney’s Office will advise the Mayor and the City Council of the status of litigation and seek direction.
COUNCIL ACTION: Start Time: 10:02 AM
Council President Elo-Rivera closed the hearing.
CS-2 Stephanie Skees v. City of San Diego
San Diego Superior Court Case No. 37-2020-00016673-CU-PO-CTL Risk Management Department Claim File No. 22039
REFERRED TO CLOSED SESSION OF MONDAY, MARCH 13, 2023
DCA Assigned: G. Leasure
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, March 13, 2023
The case arises out of a bicycle accident that occurred in the bike lane on southbound North Harbor Drive. The City Attorney’s Office will update the Mayor and the City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:02 AM
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Gary Hewitt commented on Gallagher Square.
COUNCIL ACTION: Start Time: 2:40 PM
PUBLIC COMMENT-2:
Carol Brand commented on Gallagher Square.
COUNCIL ACTION: Start Time: 2:42 PM
PUBLIC COMMENT-3 (virtual):
Blair Beekman commented on smart streetlight technology.
COUNCIL ACTION: Start Time: 2:44 PM
PUBLIC COMMENT-4 (virtual):
Terri-Ann Skelly commented on TOXIC Act.
COUNCIL ACTION: Start Time: 2:46 PM
PUBLIC COMMENT-5 (virtual):
Kathleen Lippitt commented on illegal marijuana market.
COUNCIL ACTION: Start Time: 2:48 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, March 13, 2023
PUBLIC COMMENT-6 (virtual):
Barbara Gordon commented on cannabis equity program.
COUNCIL ACTION: Start Time: 2:50 PM
PUBLIC COMMENT-7 (virtual):
Peggy Walker commented on cannabis equity program.
COUNCIL ACTION: Start Time: 2:52 PM
PUBLIC COMMENT-8 (virtual):
Joy Sunyata commented on homelessness.
COUNCIL ACTION: Start Time: 2:54 PM
PUBLIC COMMENT-9 (virtual):
Becky Rapp commented on expanding pot industry.
COUNCIL ACTION: Start Time: 2:56 PM
PUBLIC COMMENT-10 (virtual):
Judi Strang commented on TOXIC Act.
COUNCIL ACTION: Start Time: 2:58 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
CITY CLERK COMMENT:
Interim City Clerk Fuentes reminded everyone of the annual filing period for Form 700, Statements of Economic Interests, and must file their annual form by the due date of April 3, 2023. She encouraged filers to log into efile.sandiego.gov to complete their filing and if anyone has any questions to direct them to her office at 619-533-4000 or [email protected].
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, March 13, 2023
COUNCIL ACTION: Start Time: 2:02 PM
COUNCIL COMMENT-1:
Councilmember von Wilpert wished Councilmember Whitburn a happy belated birthday.
COUNCIL ACTION: Start Time: 2:02 PM
COUNCIL COMMENT-2:
Council President Montgomery Steppe wished Councilmember Whitburn a happy belated birthday. She also welcomed and thanked high school students, Spring Adams and Jamie Hudson, who will be shadowing her.
COUNCIL ACTION: Start Time: 2:03 PM
COUNCIL COMMENT-3:
Councilmember Lee acknowledged Everything Everywhere All at Once taking home seven Oscars. He noted that Michelle Yeoh was the second person of color and first person of Asian descent to win best actress in the 95-year history of the Academy Awards. Councilmember Lee congratulated all of the recipients making history at this year’s Academy Awards.
COUNCIL ACTION: Start Time: 2:03 PM
COUNCIL COMMENT-4:
Council President Elo-Rivera wished Councilmember Whitburn a happy birthday.
COUNCIL ACTION: Start Time: 2:04 PM
Item 200: Revisions to, and Simplification of, the Miramar Landfill and Greenery Fee Schedule.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this item.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, March 13, 2023
Proposed Actions:
Subitem-A: (R-2023-449) ADOPTED AS RESOLUTION R-314648
Resolution determining that approval of fee consolidation and other revisions to the Fee Schedule for the Miramar Landfill and Greenery is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 of the CEQA Guidelines.
Subitem-B: (R-2023-450) ADOPTED AS RESOLUTION R-314649
Resolution approving fee consolidation and other revisions to the Fee Schedule for the Miramar Landfill and Greenery, which consolidates 39 fee categories down to 20 categories, including flat rate fees, and fees for special handling, fibrous greens, green material, source-separated food material, and clean wood.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on February 9, 2023.
ACTION: Motion by Vice Chair von Wilpert, second by Chair LaCava to recommend Council approval of staff's recommendations.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Environmental Services: Matthew Cleary, Assistant Director, (858) 573-1214 City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 2:05 PM
Public testimony by Michael Schmidt and Blair Beekman.
MOTION BY JOE LACAVA TO ADOPT. 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 201: Adjustments to the Miramar Landfill and Greenery Fees.
Total Estimated Cost of Proposed Action and Funding Source:
See staff report for fiscal considerations.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, March 13, 2023
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-443) ADOPTED AS RESOLUTION R-314650
Resolution determining that approval of fee increases for the Miramar Landfill and Greenery is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 of the CEQA Guidelines.
Subitem-B: (R-2023-442) ADOPTED AS RESOLUTION R-314651
Resolution approving a fee increase of $16.00, per ton for all loads delivered to the Miramar Landfill and Greenery (Landfill) for disposal or processing, effective July 1, 2023, and an additional fee increase of $14.00, per ton for all loads delivered to the Landfill for disposal or processing, effective July 1, 2024.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on February 9, 2023.
ACTION: Motion by Committee Member Campbell, second by Chair LaCava to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Environmental Services: Matthew Cleary, Assistant Director, (858) 573-1214 City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 2:22 PM
Public testimony by Blair Beekman.
MOTION BY JOE LACAVA TO ADOPT. Second by Sean Elo-Rivera.
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).
REPORT OUT FROM CLOSED SESSION
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, March 13, 2023
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:02 p.m. in honor of the memory of:
Charles Harrington Elster as requested by Council President Elo-Rivera.
COUNCIL ACTION: Start Time: 3:01 PM