THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JULY 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 .........................................................................................................5 MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT 7 Item 200: Amendments to the Street Preservation Ordinance ...........................................................8 Item 250: Ballot Measure Calendar.......................................................................................................10 REPORT OUT FROM CLOSED SESSION .................................................................................................11 ADJOURNMENT .......................................................................................................................................12 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, July 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 10:12 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 3:58 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 (Pursuant to California Government Code section 54953(f), participated remotely due to just cause related to Covid exposure with no individual 18 years of age or older present in the room.)
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
None.
CITY CLERK:
Fuentes (mrh)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-not present
(4) Council President Pro Tem Montgomery Steppe-present Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, July 10, 2023
(5) Councilmember von Wilpert-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 Deputy City Clerk George Biagi.
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 Deovante Guy v. Matthew Lorenzen, et al.
United States District Court Case No. 3:20-cv-2027 BAS-BLM Risk Management Department Claim File No. 21799
REFERRED TO CLOSED SESSION OF MONDAY, JULY 10, 2023
CDCA Assigned: J. J. McQuarrie
Outside Counsel: Tom Hurrell and Joseph Miller of Hurrell & Cantrall, LLP This is a personal injury case in which Plaintiff alleges his Constitutional rights were violated when he and a San Diego Police Department officer were struck by a vehicle following a foot pursuit. 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: 10:04 AM
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, July 10, 2023
Public testimony by Audra.
Council President Elo-Rivera closed the hearing.
CS-2 Enrique Rios v. City of San Diego
San Diego Superior Court Case No. 37-2021-00006880-CU-PA-CTL Risk Management Department Claim File No. 25661
REFERRED TO CLOSED SESSION OF MONDAY, JULY 10, 2023
DCA Assigned: M. T. Neff
This case arises out of a motor vehicle accident at the intersection of Barnes Canyon Road and Lusk Boulevard that allegedly occurred at or around the time the traffic lights malfunctioned.
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: 10:04 AM
Public testimony by Audra.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):
CS-3 Number of Cases: One
Court Case No. DEH2022-LSAM-000719
Risk Management Department Claim File No. N/A
REFERRED TO CLOSED SESSION OF MONDAY, JULY 10, 2023
SDCA Assigned: F. M. Ortlieb
The City Attorney’s Office will discuss the facts and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, July 10, 2023
Public testimony by Blair Beekman and Audra.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Joy Sunyata commented on the Gaslamp Promenade.
COUNCIL ACTION: Start Time: 3:28 PM
PUBLIC COMMENT-2:
Truth commented on the Declaration of Independence.
COUNCIL ACTION: Start Time: 3:30 PM
PUBLIC COMMENT-3:
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 3:32 PM
PUBLIC COMMENT-4 (virtual):
Unknown caller commented on the 20th and B campsite.
COUNCIL ACTION: Start Time: 3:35 PM
PUBLIC COMMENT-5 (virtual):
Blair Beekman commented on developing narratives.
COUNCIL ACTION: Start Time: 3:37 PM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, July 10, 2023
PUBLIC COMMENT-6 (virtual):
Lori Saldaña commented on the 20th and B campsite.
COUNCIL ACTION: Start Time: 3:39 PM
PUBLIC COMMENT-7 (virtual):
Terri-Ann Skelly commented on the impacts of cannabis.
COUNCIL ACTION: Start Time: 3:42 PM
PUBLIC COMMENT-8 (virtual):
John Stump commented on climate change.
COUNCIL ACTION: Start Time: 3:44 PM
PUBLIC COMMENT-9 (virtual):
Peggy Walker commented on cannabis edibles.
COUNCIL ACTION: Start Time: 3:46 PM
PUBLIC COMMENT-10 (virtual):
Kelly McCormick commented on the consequences of smoking.
COUNCIL ACTION: Start Time: 3:48 PM
PUBLIC COMMENT-11 (virtual):
Audra commented on the 20th and B campsite.
COUNCIL ACTION: Start Time: 3:50 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, July 10, 2023
PUBLIC COMMENT-12 (virtual):
Nancy Logan commented on smoking and vaping.
COUNCIL ACTION: Start Time: 3:52 PM
PUBLIC COMMENT-13 (virtual):
Judi Strang commented on candied marijuana products.
COUNCIL ACTION: Start Time: 3:53 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember von Wilpert commented on Pride Week and her excitement for this weekend’s festivals.
COUNCIL ACTION: Start Time: 2:01 PM
COUNCIL COMMENT-2:
Councilmember Campbell commented on the donation box in Council Chambers this month designated for individuals who have suffered from domestic abuse.
COUNCIL ACTION: Start Time: 2:02 PM
Item 200: Amendments to the Street Preservation Ordinance.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, July 10, 2023
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-813) ADOPTED AS RESOLUTION R-315027
Resolution determining that amending Chapter 6, Article 2, Division 11 of the San Diego Municipal Code by amending sections 62.1102, 62.1104, and 62.1105; retitling and amending section 62.1106; amending sections 62.1107 and 62.1108; repealing sections 62.1109 and
62.1110; amending and renumbering section 62.1111 to section 62.1109; amending and renumbering section 62.1112 to section 62.1110; amending and renumbering section 62.1113 to section 62.1111; and amending and renumbering section 62.1114 to section 62.1112; by amending Chapter 6, Article 2 of the San Diego Municipal Code by amending the title of Division 12; and by amending Chapter 6, Article 2, Division 12 of the San Diego Municipal Code by amending section 62.1202 and 62.1203; retitling and amending section 62.1204; amending section 62.1205, 62.1206, 62.1207; adding new section 62.1208; retitling, amending, and renumbering existing section 62.1208 to 62.109; retitling, amending, and renumbering section
62.1209 to section 62.1210; retitling, amending, and renumbering section 62.1210 to section
62.1211; amending and renumbering section 62.1211 to section 62.1212; amending and renumbering section 62.1212 to section 62.1213; amending and renumbering section 62.1213 to section 62.1214; retitling, amending, and renumbering section 62.1214 to section 62.1215; amending and renumbering section 62.1215 to section 62.1216, repealing existing section
62.1216; amending sections 62.1217 and 62.1218; and adding new section 62.1219 to the San Diego Municipal Code, all relating to excavations in the public right-of-way, are exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines.
Subitem-B: (O-2023-172 Rev. Cor. Copy) INTRODUCED AS AMENDED BY INTERLINEATION, TO BE ADOPTED TUESDAY, JULY 25, 2023
Introduction of an Ordinance amending Chapter 6, Article 2, Division 11 of the San Diego Municipal Code by amending sections 62.1102, 62.1104, and 62.1105; retitling and amending section 62.1106; amending sections 62.1107 and 62.1108; repealing sections 62.1109 and
62.1110; amending and renumbering section 62.1111 to section 62.1109; amending and renumbering section 62.1112 to section 62.1110; amending and renumbering section 62.1113 to section 62.1111; and amending and renumbering section 62.1114 to section 62.1112; by amending Chapter 6, Article 2 of the San Diego Municipal Code by amending the title of Division 12; and by amending Chapter 6, Article 2, Division 12 of the San Diego Municipal Code by amending section 62.1202 and 62.1203; retitling and amending section 62.1204; amending section 62.1205, 62.1206, 62.1207; adding new section 62.1208; retitling, amending, and renumbering existing section 62.1208 to 62.109; retitling, amending, and renumbering section
62.1209 to section 62.1210; retitling, amending, and renumbering section 62.1210 to section
62.1211; amending and renumbering section 62.1211 to section 62.1212; amending and Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, July 10, 2023
renumbering section 62.1212 to section 62.1213; amending and renumbering section 62.1213 to section 62.1214; retitling, amending, and renumbering section 62.1214 to section 62.1215; amending and renumbering section 62.1215 to section 62.1216, repealing existing section
62.1216; amending sections 62.1217 and 62.1218; and adding new section 62.1219 to the San Diego Municipal Code, all relating to excavations in the public right-of-way.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on November 16, 2022.
Motion by Chair von Wilpert, second by Council President Pro Tem Montgomery Steppe, for this item to go to full Council no earlier than January 30, 2023, with direction to work with the City Attorney’s Office to complete legal review and additional information including the following:
- Request the IBA update to their 2012 report on this issue. - Request staff provide additional examples of safety hazards presented to vehicles, bicyclists, and pedestrians as a result of inadequate or failing trench repairs. -Request the City Attorney’s office provide information about any history of litigation or settlements by the City related to any accidents that took place as a result of trench related repairs.
-Request that staff present responses to the issues raised by the entities that excavate in the public right-of-way, and highlight any potential changes from the proposed action we are seeing today as a result of continued discussions with those entities, with a redline of any changes made.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppe-yea.
Transportation Department: Chelsea Klaseus, (858) 541-4325 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 2:03 PM
MOTION BY KENT LEE TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B AS AMENDED BY INTERLINEATION ON PAGE 24 IN “§62.1211 ADDITIONAL RESTORATION OF STREETS NOT UNDER AN EXCAVATION MORATORIUM” INSERTING A NEW SUBSECTION AFTER (B)(2) TO READ, “(3) IF THE TRENCH OR EXCAVATION
INFLUENCE AREA ENTERS A BICYCLE LANE, THE ENTIRE WIDTH OF THE BICYCLE LANE SHALL BE Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, July 10, 2023
ASPHALT OVERLAYED AND RESTRIPED FOR THE LENGTH OF THE TRENCH INCLUDING THE EXCAVATION INFLUENCE AREA”; AND RENUMBER THE EXISTING SUBSECTION (3) TO SUBSECTION (4). 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).
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
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, July 10, 2023
be presented to the full Council for
consideration
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 3:58 p.m. in honor of the memory of:
Ms. Reba Michelle Baldwin as requested by Council President Pro Tem Montgomery Steppe.
COUNCIL ACTION: Start Time: 3:55 PM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, July 10, 2023