THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, APRIL 10, 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 ..........................................................................................................................................9 Item 200: 2022 Annual Report on Internal Financial Controls...............................................10 Item 201: Adoption of a New Council Policy for Climate Action Plan Implementation Prioritization ......................................................................................................................11 tem 202: Verizon San Diego Zoo Project Appeal – Project No. 699293 ..................................12 Item 203: 44th Street Tentative Map and Easement Vacation ..............................................13 Item 250: Ballot Measure Calendar.....................................................................................14 REPORT OUT FROM CLOSED SESSION................................................................................16 ADJOURNMENT .................................................................................................................16 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, April 10, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. The meeting was recessed by Council President Elo-Rivera at 10:10 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. The meeting was adjourned by Council President Elo-Rivera at 5:27 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 (km)
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
(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, April 10, 2023
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Moreno.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Estate of Angel Hernandez v. Jordan Belchamber, et al.
United States District Court Case No. 21cv1773 W (KSC)
Risk Management Department Claim File No. 27247
REFERRED TO CLOSED SESSION OF MONDAY, APRIL 10, 2023
SCDCA Assigned: S. J. Plotkin-Wolff
This case arises from the San Diego Police Department’s (SDPD) response to a cover now from the Metropolitan Transit System (MTS) where the decedent died after SDPD officers arrived on scene. 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 Blair Beekman and Lori Saldaña.
Council President Elo-Rivera closed the hearing.
CS-2 Joan Vanderschuit v. City of San Diego
San Diego Superior Court Case No. 37-2021-00047593-CU-PO-CTL Risk Management Department Claim File No. 26218
REFERRED TO CLOSED SESSION OF MONDAY, APRIL 10, 2023
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, April 10, 2023
DCA Assigned: M. Neff
This case arises out of an electric bicycle collision with an unmarked speed bump at or near Tourmaline Surfing Park and Tourmaline 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: 10:03 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Amie Zamudio commented on SB1152 patient dumping.
COUNCIL ACTION: Start Time: 4:24 PM
PUBLIC COMMENT-2:
William Keith commented on Ordinance moving homeless off sidewalk.
COUNCIL ACTION: Start Time: 4:27 PM
PUBLIC COMMENT-3:
Bruce Higgins commented on homeless housing.
COUNCIL ACTION: Start Time: 4:29 PM
PUBLIC COMMENT-4:
Janis Wilds commented on seniors on our streets.
COUNCIL ACTION: Start Time: 4:30 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, April 10, 2023
PUBLIC COMMENT-5:
Logan Goverman commented on homelessness.
COUNCIL ACTION: Start Time: 4:33 PM
PUBLIC COMMENT-6:
Wendell commented on protecting unsheltered people.
COUNCIL ACTION: Start Time: 4:35 PM
PUBLIC COMMENT-7:
Katherine Rhodes commented on homeless.
COUNCIL ACTION: Start Time: 4:37 PM
PUBLIC COMMENT-8:
Maeve Howlett commented on public sanitation.
COUNCIL ACTION: Start Time: 4:39 PM
PUBLIC COMMENT-9:
Alex De la Cruz commented on public sanitation.
COUNCIL ACTION: Start Time: 4:41 PM
PUBLIC COMMENT-10:
Rachel Hayes commented on sanitation/cleanliness.
COUNCIL ACTION: Start Time: 4:42 PM
PUBLIC COMMENT-11:
Danny Avitia commented on housing and sanitation.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, April 10, 2023
COUNCIL ACTION: Start Time: 4:44 PM
PUBLIC COMMENT-12:
Coleen Cusack commented on criminalization of homeless people.
COUNCIL ACTION: Start Time: 4:46 PM
PUBLIC COMMENT-13:
Mandy Lein commented on police are not social workers.
COUNCIL ACTION: Start Time: 4:49 PM
PUBLIC COMMENT-14:
Maya Little-Saña commented on public safety.
COUNCIL ACTION: Start Time: 4:51 PM
PUBLIC COMMENT-15:
Wick Greene commented on public safety.
COUNCIL ACTION: Start Time: 4:53 PM
PUBLIC COMMENT-16:
Daniel Villegas commented on support for music at San Diego Miramar College, City Colleges and housing first.
COUNCIL ACTION: Start Time: 4:55 PM
PUBLIC COMMENT-17:
Jasmin Garcia commented on harm reduction.
COUNCIL ACTION: Start Time: 4:58 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, April 10, 2023
PUBLIC COMMENT-18:
Rachel Knight Mills commented on 8th amendment violation, land or property acquisition, one stop services, and business involvement.
COUNCIL ACTION: Start Time: 4:59 PM
PUBLIC COMMENT-19:
Tiara Nourishad commented on Healthcare.
COUNCIL ACTION: Start Time: 5:01 PM
PUBLIC COMMENT-20:
Truth commented on Eden Housing and partnership with County.
COUNCIL ACTION: Start Time: 5:03 PM
PUBLIC COMMENT-21:
Lori Saldaña commented on sexual assault and awareness month.
COUNCIL ACTION: Start Time: 5:05 PM
PUBLIC COMMENT-22 (virtual):
Kathleen Lippitt commented on marijuana application in Rancho Bernardo.
COUNCIL ACTION: Start Time: 5:08 PM
PUBLIC COMMENT-23 (virtual):
Terri-Ann Skelly commented on support of council for AB1207 titled Cannabis Child Candy Protection act.
COUNCIL ACTION: Start Time: 5:10 PM
PUBLIC COMMENT-24 (virtual):
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, April 10, 2023
Blair Beekman commented on fentanyl.
COUNCIL ACTION: Start Time: 5:12 PM
PUBLIC COMMENT-25 (virtual):
Peggy Walker commented on marijuana and public safety.
COUNCIL ACTION: Start Time: 5:14 PM
PUBLIC COMMENT-26 (virtual):
Al Del Mastro commented on Nathan Fletcher lawsuit.
COUNCIL ACTION: Start Time: 5:16 PM
PUBLIC COMMENT-27 (virtual):
Ruth commented on unhoused people.
COUNCIL ACTION: Start Time: 5:17 PM
PUBLIC COMMENT-28 (virtual):
John Stump commented on reorganization of La Jolla.
COUNCIL ACTION: Start Time: 5:20 PM
PUBLIC COMMENT-29 (virtual):
Judi Strang commented on climate action, clean air and banning smoking and vaping.
COUNCIL ACTION: Start Time: 5:23 PM
PUBLIC COMMENT-30 (virtual):
Levi Giafaglione commented on public safety.
COUNCIL ACTION: Start Time: 5:25 PM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, April 10, 2023
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
CITY CLERK COMMENT:
Interim City Clerk Fuentes updated the public on enhancements to the council agenda and council summary (List of Agenda Items). There is now a link on the council agenda and summary to view information on how to join and participate during a council meeting and it provides information on how to participate in person, via zoom, and webform in eight (8) different languages. Additionally, the agenda and summary are now being emailed to our list of requestors. The agenda webpage has also been updated to have a clickable link directly to the webform. This has all been done in a continuous effort to increase access for all.
COUNCIL ACTION: Start Time: 2:01 PM
COUNCIL COMMENT-1:
Councilmember von Wilpert commented on mass shooting in Louisville, Kentucky and reminded people of the gun violence restraining order process in San Diego.
COUNCIL ACTION: Start Time: 2:03 PM
Item 200: 2022 Annual Report on Internal Financial Controls.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Department of Finance: Jeff Peelle, (619) 236-6712
COUNCIL ACTION: Start Time: 2:04 PM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, April 10, 2023
Item 201: Adoption of a New Council Policy for Climate Action Plan Implementation Prioritization.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-523) ADOPTED AS RESOLUTION R-314694
Resolution establishing Council Policy 900-22 titled "Prioritizing Actions for Climate Action Plan Implementation."
Committee Actions Taken:
This item was heard at the Environment Committee meeting on March 9, 2023.
ACTION: Motion by Committee Member Campillo, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions, with the amendment to have Council further review this policy in one year, rather than two years, as originally outlined in the timeline for review.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea Office of the Independent Budget Analyst: Jordan More, (619) 236-6445 City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 2:22 PM
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, and Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 202: Verizon San Diego Zoo Project Appeal – Project No. 699293.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, April 10, 2023
Total Estimated Cost of Proposed Action and Funding Source:
All costs associated with the processing of this project are paid by the applicant.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-575) DENIED THE APPEAL AND AFFIRMED PLANNING COMMISSION’S DECISION TO GRANT THE PERMITS; ADOPTED AS RESOLUTION R-314695
Appeal of the Planning Commission's decision to approve the Verizon San Diego Zoo project granting a Conditional Use Permit (CUP) and Neighborhood Development Permit (NDP) for a Wireless Communication Facility (WCF). The project proposes the continued use and upgrade of a Verizon WCF mounted on an existing high rise condominium complex (Del Prado building) located at 666 Upas Street in the Uptown Community Plan area. The WCF will consist of eight (8) panel antennas within two sectors mounted on the rooftop penthouse west and south wall with Fiberglass Reinforced Panel screen boxes. The project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) on November 9, 2022.
According to San Diego Municipal Code Section 112.0508(f), Power to Act on Appeal, the City Council may:
(1) Affirm Planning Commission’s decision to grant the permits; (2) Affirm Planning Commission’s decision to grant the permits with modifications; or (3) Reverse Planning Commission’s decision to grant the permits.
Directing the City Attorney to prepare the appropriate Resolutions according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Ian Heacox, (619) 446-5338
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 3:50 PM
Public testimony by Kevin Sullivan, Jeb Gray, John Stump, and Blair Beekman.
MOTION BY STEPHEN WHITBURN TO DENY THE APPEAL AND AFFIRM PLANNING COMMISSION’S DECISION TO GRANT THE PERMITS. Second by Joe LaCava.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, April 10, 2023
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, and Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 203: 44th Street Tentative Map and Easement Vacation.
Total Estimated Cost of Proposed Action and Funding Source:
The project is a flat fee project which covers public noticing, project and environmental review and the public hearing.
Council District(s) Affected: 4.
Proposed Actions:
Tentative Map and Easement Vacation for the creation of four condominium units within two 2- story, 3,050.9-square-foot residential buildings vacation of a public sewer easement, and waiver of the requirement to underground existing offsite overhead utilities.
Subitem-A: (R-2023-447) ADOPTED AS RESOLUTION R-314696
Resolution determining that the approval of the 44th Street Tentative Map and Easement Vacation is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15301and 15305;
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-2023-448) ADOPTED AS RESOLUTION R-314697
Resolution approving Tentative Map No. 2600103 and Easement Vacation No. 2600102, 44th Street Tentative Map - Project Number 621697.
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 13 for the Regular Meeting of Monday, April 10, 2023
Development Services: Veronica Davison, (619) 446-5462
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 3:26 PM
Public testimony by John Stump and Blair Beekman.
MOTION BY MONICA MONTGOMERY STEPPE. 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, and 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: Ballot Measure Calendar.
SUBMISSION OF BALLOT PROPOSALS FOR THE MARCH 5, 2024, BALLOT.
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected]. The City Clerk’s Office has established the following calendar for the March 5, 2024, election.
DATE DAYS BEFORE
ELECTION EVENT
Monday, 07/17/2023 232
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday, 07/26/2023 223
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, April 10, 2023
Wednesday, 09/06/2023 181
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Monday, 09/11/2023 176
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, 12/08/2023 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, 12/11/2023 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, 12/13/2023 83 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information. If you have questions, please contact the Office of the City Clerk at (619) 533-4000 or via e-mail at [email protected].
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:27 p.m.
COUNCIL ACTION: Start Time: 5:27 PM