Minutes — San Diego City Council, September 19, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, SEPTEMBER 19, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING.............................................................................................3 ATTENDANCE DURING THE MEETING .....................................................................................3 ROLL CALL ...................................................................................................................................3 PLEDGE OF ALLEGIANCE ..........................................................................................................4 NON-AGENDA PUBLIC COMMENT ............................................................................................4

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT....................................................................................................................................6 SPECIAL ORDERS OF BUSINESS..............................................................................................6 APPROVAL OF COUNCIL MINUTES...........................................................................................6 Item 30: Hispanic Heritage Month ................................................................................................7 Item 50: Ordinance Amending the Memorandum of Understanding (MOU) Between City of San Diego and California Teamsters Local 911 (L911) Regarding Post-Employment Health Benefits for Eligible Employees Who Were Hired before July 1, 2005, and Retire After March 31, 2012, Striking Article 9 of the MOU (the “Me Too” Clause) and Extending the Term of the MOU by an Additional 15 Years .......................................................................................................................8 Item 100: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized Employee Organizations ..................................................9 Item 101: Appointment to the Citizens Equal Opportunity Commission.....................................10 Item 330: Water Rate Adjustments and Cost of Service Study..................................................10 Item 331: Informational Item Regarding the Fiscal Year 2023 Consolidated Annual Performance and Evaluation Report (CAPER) for U.S. Department of Housing and Urban Development (HUD) Programs ...................................................................................................12 Item S500: Christina Chadwick Day...........................................................................................13 Item S501: 39th Annual Coastal Cleanup Day...........................................................................13 Minutes of Tuesday, September 19, 2023 Page 2
Table of Contents (Continued)
Item S502: Park Rangers & Park Maintenance Staff Day..........................................................14 Item S503: Scripps Ranch Library 30th Anniversary Day ..........................................................14 Item S504: National Preparedness Month .................................................................................15 Item S505: Ahmad Shah Massoud Day .....................................................................................16 REPORT OUT FROM CLOSED SESSION ................................................................................16 ADJOURNMENT.........................................................................................................................16 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Tuesday, September 19, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Pro Tem Montgomery Steppe at 10:02 a.m. The meeting was recessed by Council President Pro Tem Montgomery Steppe at 11:24 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Pro Tem Montgomery Steppe at 2:02 p.m. with Council President Elo-Rivera not present. Council President Pro Tem Montgomery Steppe recessed the meeting at 5:04 p.m. for the purpose of a break. Council President Pro Tem Montgomery Steppe reconvened the meeting at 5:16 p.m. with Council President Elo-Rivera not present. The meeting was adjourned by Council President Pro Tem Montgomery Steppe at 5:22 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
ABSENT:

CD-9 Council President Sean Elo-Rivera (Excused by Resolution R-315090, due to family leave.)
CITY CLERK:

Fuentes (km/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
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-not present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, September 19, 2023

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember von Wilpert.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

U.S. Supreme Court Case No. 5271848 commented on U.S. Supreme Court Case No. 5271848 Amendment XIV Section 1.

COUNCIL ACTION: Start Time: 11:01 AM
PUBLIC COMMENT-2:

Joy Sunyata commented on SDHC Board meeting.

COUNCIL ACTION: Start Time: 11:02 AM
PUBLIC COMMENT-3:

Pam Candelore commented on SD Quieter Home Program.

COUNCIL ACTION: Start Time: 11:05 AM
PUBLIC COMMENT-4:

Shawn Van Diuer commented on public comment.

COUNCIL ACTION: Start Time: 11:06 AM
PUBLIC COMMENT-5 (virtual):

Lori Saldaña commented on Mayor, homelessness and brown act.

COUNCIL ACTION: Start Time: 11:09 AM
PUBLIC COMMENT-6 (virtual):

Blair Beekman commented on accountability and Smart Street lights.

Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, September 19, 2023
COUNCIL ACTION: Start Time: 11:11 AM
PUBLIC COMMENT-7 (virtual):

Dan Smiechowski commented on bike lanes.

COUNCIL ACTION: Start Time: 11:13 AM
PUBLIC COMMENT-8 (virtual):

Al Del Mastro commented on housing and seniors.

COUNCIL ACTION: Start Time: 11:15 AM
PUBLIC COMMENT-9 (virtual):

Kathleen Lippitt commented on suicide awareness and drugs.

COUNCIL ACTION: Start Time: 11:17 AM
PUBLIC COMMENT-10 (virtual):

Bob Kuczewski commented on brown act and remote speakers.

COUNCIL ACTION: Start Time: 11:19 AM
PUBLIC COMMENT-11 (virtual):

Truth commented on Councilmembers and SANDAG.

COUNCIL ACTION: Start Time: 11:22 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

COMMENT
None.

SPECIAL ORDERS OF BUSINESS
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, September 19, 2023
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
7/31/2023
8/1/2023
8/7/2023 Adjourned
8/8/2023 Adjourned
8/14/2023 Adjourned
8/15/2023 Adjourned
8/21/2023 Adjourned
8/21/2023 Emergency
8/22/2023 Adjourned
8/28/2023 Adjourned
8/29/2023 Adjourned
9/4/2023 Adjourned
9/5/2023 Adjourned
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY VIVIAN MORENO TO APPROVE. 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; Nay: (None);
Recused: (None);
Not Present: Sean Elo-Rivera.

NOTE: The following Proclamation was NOT presented in Council Chambers.

Item 30: Hispanic Heritage Month.

MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPILLO, AND COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming September 15 through October 15, 2023, to be “Hispanic Heritage Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:20 AM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, September 19, 2023
MOTION BY VIVIAN MORENO TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 50: Ordinance Amending the Memorandum of Understanding (MOU) Between City of San Diego and California Teamsters Local 911 (L911) Regarding Post-Employment Health Benefits for Eligible Employees Who Were Hired before July 1, 2005, and Retire After March 31, 2012, Striking Article 9 of the MOU (the “Me Too” Clause) and Extending the Term of the MOU by an Additional 15 Years.

Total Estimated Cost of Proposed Action and Funding Source:

There is no known fiscal impact as a result of this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-16) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 3, 2023 Introduction of an Ordinance amending the MOU between the City and Local 911 regarding post-employment health benefits for eligible employees, who were hired before July 1, 2005, and retire after March 31, 2012, striking Article 9 and extending the term by 15 years. 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Brian Mallard, (619) 707-1785
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO INTRODUCE. Second by Kent Lee.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, September 19, 2023
Item 100: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized Employee Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

There is no known fiscal impact for this item.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-74) ADOPTED AS RESOLUTION R-315126
Resolution designating the City of San Diego's management team for labor negotiations with the City's recognized employee organizations, in accordance with the Meyers-Milias-Brown Act, San Diego Charter, and Council Policy 300-06.

Committee Actions Taken: N/A
Human Resources: Brian Mallard, (619) 707-1785
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 101: Appointment to the Citizens Equal Opportunity Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: Outside of City limits.

Proposed Actions:
(R-2024-73) ADOPTED AS RESOLUTION R-315127
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, September 19, 2023
Resolution confirming the Mayor's appointment of Julius Alejandro to the Citizens Equal Opportunity Commission for a term ending January 1, 2025.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 330: Water Rate Adjustments and Cost of Service Study.

Total Estimated Cost of Proposed Action and Funding Source:

No cost associated with this action. If approved, this action increases revenue.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2024-77 Rev.) ADOPTED AS RESOLUTION R-315128 Resolution determining that approving water rate adjustments consistent with a cost of service study and pass-through increases in the wholesale cost of water charged by the San Diego County Water Authority is exempt from the California Environmental Quality Act Pursuant to Section 15273 of the CEQA Guidelines.

Subitem-B: (R-2024-76 Rev.) ADOPTED AS AMENDED AS RESOLUTION R-315129 Resolution approving water rate increases consistent with a cost of service study and passthrough increases in the wholesale cost of water charged by the San Diego County Water Authority and Proposition 218.

Committee Actions Taken: N/A
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Melissa D. Ables
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, September 19, 2023
COUNCIL ACTION: Start Time: 2:04 PM & 3:39 PM
Council President Pro Tem Montgomery Steppe opened the hearing.

Public testimony by Phillip Radomshi, Catherine Lynch, Larry Zajone, Maria Lopez, Juan Chavez, Alejandra Trujillo, Sara Huynh, Ashley Vega, Lucy Benner, Will Harris, Bonnie Bruno, Madeline Haines, Shahram Salehi, Joel Garcia, Aaron Robinowitz, Joy Sunyata, Javier Rodriquez, Alba Fierro, David Kennedy, Ricky Weaver, Jonathan Ray, Angela Zayas, Irene Ramirez (translation provided by the Office of the City Clerk), Dan Smiechowski, Audra, Michael Dwyer, Alex Zukas, Kenia Peraza, Blair Beekman, Leslie Crawford, Lori Saldaña, Kevin Szepe, Truth, and Hugh McClutchen, Jr.

Council President Pro Tem Montgomery Steppe closed the hearing and directed City Clerk Diana J.S. Fuentes to tabulate the submittal of protests.

City Clerk Diana J.S. Fuentes announced that the City Clerk’s Office received a total of 1,807 protests during the 45-day period from August 5, 2023, through September 19, 2023, including the 9 that were received during the public hearing. Based on information provided by the Public Utilities Department 141,260 protests would represent 50 percent plus 1 of affected properties or customers at the time Council authorized the mailing of the proposition 218 noticing regarding the proposed rate increase. The number of protests lodged with the City Clerk’s Office is manifestly below the threshold of 50 percent plus 1. City Clerk Diana J.S. Fuentes certified the results and submitted them to the City Council.

MOTION BY STEPHEN WHITBURN TO ADOPT THE RESOLUTION IN SUBITEM A; AND

ADOPT THE RESOLUTION IN SUBITEM B AS AMENDED BY MODIFYING THE WATER RATE INCREASE PERCENTAGES AND EFFECTIVE DATES TO THE FOLLOWING: 5.0% EFFECTIVE DECEMBER 1, 2023; 5.2% EFFECTIVE JULY 1, 2024 (BASED ON THE RATES IN PLACE ON NOVEMBER 30, 2023); AND 8.7% EFFECTIVE JANUARY 1, 2025; AND DELETE SECTION “2.” UNDER “BE IT RESOLVED.” Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo; Nay: Monica Montgomery Steppe, Marni von Wilpert, Vivian Moreno; Recused: (None);
Not Present: Sean Elo-Rivera.

Item 331: Informational Item Regarding the Fiscal Year 2023 Consolidated Annual Performance and Evaluation Report (CAPER) for U.S. Department of Housing and Urban Development (HUD) Programs.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, September 19, 2023
This is an information item. There is no general fund impact.

Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
COUNCIL ACTION: Start Time: 3:15 PM
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item S500: Christina Chadwick Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming September 27, 2023, to be “Christina Chadwick Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:20 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S501: 39th Annual Coastal Cleanup Day.

COUNCILMEMBER LACAVA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, September 19, 2023
Proclaiming September 23, 2023, to be the “39th Annual Coastal Cleanup Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:20 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S502: Park Rangers & Park Maintenance Staff Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming September 27, 2023, to be “Park Rangers & Park Maintenance Staff Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:20 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S503: Scripps Ranch Library 30th Anniversary Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming September 30, 2023, to be “Scripps Ranch Library 30th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:20 AM
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, September 19, 2023
MOTION BY VIVIAN MORENO TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S504: National Preparedness Month.

COUNCILMEMBER LACAVA AND COUNCILMEMBER VON WILPERT'S
RECOMMENDATION:

APPROVED
Proclaiming September 2023, to be “National Preparedness Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:20 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S505: Ahmad Shah Massoud Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming September 9, 2023, to be “Ahmad Shah Massoud Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:20 AM
MOTION BY VIVIAN MORENO TO APPROVE. 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, Vivian Moreno; Nay: (None);
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, September 19, 2023
Recused: (None);
Not Present: Sean Elo-Rivera.

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Pro Tem Montgomery Steppe at 5:22 p.m. in honor of the memory of:

Peter Hernandez as requested by Stephen Whitburn.

COUNCIL ACTION: Start Time: 5:20 PM

San Diego City CouncilSeptember 19, 2023

San Diego City Council
September 19, 2023