Minutes — San Diego City Council, September 26, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, SEPTEMBER 26, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 Item 30: San Diego Hunger Awareness Month ......................................................................9 Item 31: Facioscapulohumeral Muscular Dystrophy Month ...................................................10 Item 32: Asian Mid-Autumn Festival Day ............................................................................10 Item 33: Clean Air Day......................................................................................................11 Item 34: Archives Month ...................................................................................................11 Item 35: Kevin Sim Day.....................................................................................................12 Item 50: Exemption of Quality Management Coordinator Position in Fire-Rescue Department from the Classified Service..................................................................................................12 Item 51: Authorize an Extension of Contractual Obligations with Dick Miller Inc for Construction of Maple Canyon Restoration - Phases 1 & 2 ........................................................................13 Item 52: Request to Exempt One Deputy Director Position in the Office of the City Clerk from the Classified Service..........................................................................................................14 Item 53: Alexandria Science Village - Project No. 647676.....................................................15 Minutes of Tuesday, September 26, 2023 Page 2
Table of Contents (Continued)
Item 54: Authorization to Execute Third Amendment to Agreement with Tablet Command.....17 Item 55: Exemption of Three Program Coordinator Positions in the Department of Information Technology from the Classified Service................................................................................18 Item 100: Authorization to Execute a Contract with WestAir Gases & Equipment, Inc. (BID 10089999-23-J) to Purchase Liquid Oxygen for the City’s Water Treatment Plants, Public Utilities Department.......................................................................................................................19 Item 101: Reappointment to the Ethics Commission............................................................20 Item 102: Appointment to the San Diego City Employees’ Retirement System Board of Administration ...................................................................................................................21 Item 103: This item was removed from the Agenda ............................................................22 Item 104: Appointments to the Human Relations Commission..............................................22 Item 105: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico...............................................................................23 Item 330: Proposed Response to Grand Jury Report: "Governance of San Diego Bay and Its Tidal Lands and Regions.....................................................................................................23 Item 350: Ballot Measure Calendar.....................................................................................24 Item 351: Ballot Propositions Forwarded for 2nd Committee Review.....................................26 Item S500: Sierra Club San Diego 75th Anniversary Day......................................................26 Item S501: PAESAN Day....................................................................................................27 Item S502: Freedom to Read Day ......................................................................................27 Item S503: City of San Diego Affordable Housing Fund Fiscal Year 2023 Annual Report .........28 REPORT OUT FROM CLOSED SESSION................................................................................28 ADJOURNMENT .................................................................................................................28 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Tuesday, September 26, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 11:58 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with Council President Pro Tem Montgomery Steppe and Councilmember von Wilpert not present. Council President Pro Tem Montgomery Steppe arrived to the meeting at 2:03 p.m. Councilmember von Wilpert arrived to the meeting at 2:12 p.m. Council President Elo-Rivera recessed the meeting at 2:02 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 2:55 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo Rivera at 4:09 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/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
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, September 26, 2023
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

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

COUNCIL ACTION: Start Time: 11:24 AM
PUBLIC COMMENT-2:

Joy Sunyata commented on Homeless Housing, Assistance and Prevention.

COUNCIL ACTION: Start Time: 11:26 AM
PUBLIC COMMENT-3:

Natalie Raschte commented on policing homelessness.

COUNCIL ACTION: Start Time: 11:28 AM
PUBLIC COMMENT-4:

Sandy Myskowski commented on policing homelessness.

COUNCIL ACTION: Start Time: 11:30 AM
PUBLIC COMMENT-5:

Paul Krueger commented on Civil Service Commission.

COUNCIL ACTION: Start Time: 11:32 AM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, September 26, 2023
PUBLIC COMMENT-6:

David Engel commented on Petco Park Rodeo.

COUNCIL ACTION: Start Time: 11:35 AM
PUBLIC COMMENT-7 (virtual):

Lori Saldaña commented on homelessness; City TV; and event in Downtown.

COUNCIL ACTION: Start Time: 11:37 AM
PUBLIC COMMENT-8 (virtual):

Diane Grace vaping and smoking.

COUNCIL ACTION: Start Time: 11:39 AM
PUBLIC COMMENT-9 (virtual):

Terri-Ann Skelly commented on AB1207 and marijuana.

COUNCIL ACTION: Start Time: 11:41 AM
PUBLIC COMMENT-10 (virtual):

Dan Smiechowski commented on advice to public commenters.

COUNCIL ACTION: Start Time: 11:43 AM
PUBLIC COMMENT-11 (virtual):

Kathleen Lippitt commented on marijuana.

COUNCIL ACTION: Start Time: 11:45 AM
PUBLIC COMMENT-12 (virtual):

Al Del Mastro commented on senior housing.

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, September 26, 2023
COUNCIL ACTION: Start Time: 11:47 AM
PUBLIC COMMENT-13 (virtual):

Peggy Walker commented on homelessness.

COUNCIL ACTION: Start Time: 11:49 AM
PUBLIC COMMENT-14 (virtual):

Blair Beekman commented on practices for sustainable future.

COUNCIL ACTION: Start Time: 11:51 AM
PUBLIC COMMENT-15 (virtual):

Kelly McCormick commented on marijuana impaired drivers.

COUNCIL ACTION: Start Time: 11:54 AM
PUBLIC COMMENT-16 (virtual):

Judi Strang commented on clean air day.

COUNCIL ACTION: Start Time: 11:55 AM

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

City Clerk Fuentes announced that the City Clerk’s Office will be celebrating their Fifth annual archive month titled “1935-1936 California Pacific International Exposition”. She invited everyone to attend this year’s opening ceremony to be held on Monday, October 2nd at 12:00 p.m. in the lobby at the City Administration Building. City Clerk Fuentes stated the exhibit will run from October 2nd through October 13th and will be available to the public from 8:00 a.m.- 5:00 p.m. She also stated we will be hosting educational lectures which will be available online at any time. City Clerk Fuentes encouraged the public to attend a tour of our City Clerk Archives highlighting San Diego in the 1930’s on Monday, October 9th, at 2:00 pm. For additional information and to sign up for a tour, go to www.sandiego.gov/digitalarchives and Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, September 26, 2023
click on the Tour feature card at the bottom of the screen. She thanked George Biagi for returning from retirement to assist us in ensuring smooth operations during a transitioning time. City Clerk Fuentes acknowledged his selflessness and loyalty to our City.

COUNCIL ACTION: Start Time: 10:35 AM
COUNCIL COMMENT-1:

Council President Elo-Rivera thanked George Biagi for coming back and interrupting his retirement to serve the public. He stated George is a dedicated public servant and exactly what we need in terms of public servants and folks who are committed and ensuring access to government and great customer service to our residents.

COUNCIL ACTION: Start Time: 10:37 AM
COUNCIL COMMENT-2:

Councilmember von Wilpert congratulated George Biagi on his retirement again. She thanked him for everything he’s done for our City and ensured that five new Councilmembers who started during the pandemic learned their way around especially as they transitioned to a new City Clerk.

COUNCIL ACTION: Start Time: 10:38 AM

SPECIAL ORDERS OF BUSINESS
None.

NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 30: San Diego Hunger Awareness Month.

COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE, AND COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming September 2023, as “San Diego Hunger Awareness Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:40 AM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, September 26, 2023
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 31: Facioscapulohumeral Muscular Dystrophy Month.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming the month of September to be “Facioscapulohumeral Muscular Dystrophy Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 32: Asian Mid-Autumn Festival Day.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Proclaiming September 30, 2023, to be “Asian Mid-Autumn Festival Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, September 26, 2023
Passed by the following vote:

Item 33: Clean Air Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming October 4, 2023, to be “Clean Air Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 34: Archives Month.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming October 2023, to be “Archives Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.

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);
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, September 26, 2023
Not Present: (None).

Item 35: Kevin Sim Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming July 10, 2023, to be “Kevin Sim Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 50: Exemption of Quality Management Coordinator Position in Fire-Rescue Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

This position is included in the Fire-Rescue Department’s Fiscal Year 2024 Adopted Budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-17) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 10, 2023 Introduction of an Ordinance authorizing the exemption of a Quality Management Coordinator position in the City's Fire-Rescue Department, based on advisory review and favorable comment by the Civil Service Commission on September 7, 2023. This position will be responsible for overseeing the Quality Assurance/Quality Improvement program in the Emergency Services Division. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Fire-Rescue: Colin Stowell, Fire Chief, (619) 533-4401
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, September 26, 2023
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Kent Lee.

Passed by the following vote:

Item 51: Authorize an Extension of Contractual Obligations with Dick Miller Inc for Construction of Maple Canyon Restoration - Phases 1 & 2.

Total Estimated Cost of Proposed Action and Funding Source:

If the City Council approves the 60-month LTMMA, the total amount of the Contract will be increased by $315,000 to a total of $10,080,552.60.

The total bid amount of $10,080,552.60, including the $315,000 for work under 60-month LTMMA, has been certified by the Department of Finance, and this amount has been encumbered in the Contract Purchase Order.

Council District(s) Affected: 3.

Proposed Actions:
(O-2024-15 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 10, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to extend the contractual obligations in Contract K-23-2030-DBB-3 with Dick Miller, Inc. for an amount not-to-exceed $315,000 to provide habitat restoration services through a 60-Month Long-Term Maintenance and Monitoring Agreement related to the Maple Canyon Restoration - Phases 1 and 2 project. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on July 13, 2023.

ACTION: Motion by Vice Chair LaCava, second by Committee member Montgomery Steppe, to recommend Council approval of staff’s proposed actions.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, September 26, 2023
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Frank Ahn
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Kent Lee.

Passed by the following vote:

Item 52: Request to Exempt One Deputy Director Position in the Office of the City Clerk from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

Please see Staff Report.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-18) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 10, 2023 Introduction of an Ordinance authorizing the exemption of a Deputy Director position in the City's Office of the City Clerk from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on September 7, 2023. This position will be responsible for overseeing the Legislative Services Division. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Office of the City Clerk: Diana Fuentes, (619) 533-4024 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Kent Lee.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, September 26, 2023
Passed by the following vote:

Item 53: Alexandria Science Village - Project No. 647676.

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.

Council District(s) Affected: 6.

Proposed Actions:

General Plan Amendment, University Community Plan Amendment, Nexus Technology Centre Specific Plan Amendment, Planned Development Permit, and Rezone to demolish three existing scientific research buildings, and construct two new four-story scientific research and development buildings totaling 369,878 square feet with associated accessory uses and a 419,814 square-foot three-level subterranean parking garage with 938 parking spaces. The project site is proposed to be rezoned from the RS-1-14 (Residential-Single Unit) Zone to the EMX-2 (Employment Mixed-Use) Zone. Amendments to the General Plan, University Community Plan and Nexus Technology Centre Specific Plan are proposed to allow additional development intensity rights for the project site and commercial uses to serve the proposed development and surrounding uses. The project also proposes to rescind Planned Industrial Development Permit No. 86-0459. The 3.97-acre project site is located at 9363, 9373 and 9393 Towne Centre Drive in the University Community Plan area.

Adopt the following Ordinance which was introduced on 9/11/2023, Item 200, Subitem-D (Council voted 8-0, Council President Elo-Rivera-not present):
(O-2024-11) ADOPTED AS ORDINANCE O-21726 (New Series)
Ordinance changing 3.97 acres located within the University Community Plan area from the RS1-14 (Residential-Single Unit) zone into the EMX-2 (Employment Mixed-Use) zone.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Benjamin Hafertepe, (619) 446-5086 City Attorney Contact: Lindsey H. Sebastian
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, September 26, 2023
COUNCIL ACTION: Start Time: 10:04 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.

Passed by the following vote:

Item 54: Authorization to Execute Third Amendment to Agreement with Tablet Command.

Total Estimated Cost of Proposed Action and Funding Source:

The cost of software licenses is estimated to be $111,000 annually, which is budgeted in the department's General Fund. Approximately one-third of this amount is reimbursed annually by our Fire Metro Zone Partners.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 9/12/2023, Item 50 (Council voted 8-0, Council President Elo-Rivera-not present):
(O-2024-14 Cor. Copy) ADOPTED AS ORDINANCE O-21727 (New Series) Ordinance authorizing the Mayor, or his designee, to approve the Third Amendment to the Agreement with Tablet Command, Inc. for emergency incident management application services.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on July 19, 2023.

ACTION: Motion by Committee Member Campillo, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; von Wilpert-yea, Campbell yea, Campillo-yea, Montgomery Steppe-not present.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, September 26, 2023
Fire-Rescue: John Wood, Assistant Fire Chief, (619) 533-4302 City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:04 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.

Passed by the following vote:

Item 55: Exemption of Three Program Coordinator Positions in the Department of Information Technology from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact with this action. These positions are included in the Fiscal Year 2024 Adopted Budget within fund 200448, GIS Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 9/12/2023, Item 51 (Council voted 8-0, Council President Elo-Rivera-not present):
(O-2024-12) ADOPTED AS ORDINANCE O-21728 (New Series)
Ordinance authorizing the exemption of three Program Coordinator positions in the City's Department of Information Technology from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 6, 2023. These positions will be responsible for managing the Citywide Geographic Information System (GIS) licensing, infrastructure, and data editing environments. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:04 AM
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, September 26, 2023

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.

Passed by the following vote:

Item 100: Authorization to Execute a Contract with WestAir Gases & Equipment, Inc. (BID 10089999-23-J) to Purchase Liquid Oxygen for the City’s Water Treatment Plants, Public Utilities Department.

Total Estimated Cost of Proposed Action and Funding Source:

An amount not-to-exceed $3,625,500, of which $500,000 is estimated to be spent in FY 2024, and $3,125,500 for all subsequent years, funded by the Water Utility Operating Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-89) ADOPTED AS RESOLUTION R-315130
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with WestAir Gases & Equipment, Inc., in an amount not-to-exceed $3,625,500, to provide liquid oxygen, related to the treatment and disinfection of water at the Alvarado and Miramar Water Treatment Plants.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on September 14, 2023.

ACTION: Motion by Committee Member Campillo, second by Vice Chair von Wilpert, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.

Public Utilities: Jeff Denham, (619) 527-5411
City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 10:04 AM
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, September 26, 2023
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 101: Reappointment to the Ethics Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 4.

Proposed Actions:
(R-2024-86) ADOPTED AS RESOLUTION R-315131
Resolution confirming the Mayor's reappointment of Caridad Sanchez to the Ethics Commission for a term ending June 30, 2027.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 102: Appointment to the San Diego City Employees’ Retirement System Board of Administration.

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, September 26, 2023
Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1.

Proposed Actions:
(R-2024-79) ADOPTED AS RESOLUTION R-315132
Resolution confirming the Mayor's appointment of Elvin Lai to the San Diego City Employees' Retirement System Board of Administration for a term ending March 31, 2027.

Passed by the following vote:

Item 103: This item was removed from the Agenda.

Item 104: Appointments to the Human Relations Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 4.

Proposed Actions:
(R-2024-87) ADOPTED AS RESOLUTION R-315133
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, September 26, 2023
Resolution confirming the Mayor's appointment of Daneyel Walker and Kristin Rizzo to the Human Relations Commission for terms ending July 22, 2027.

Passed by the following vote:

Item 105: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2024-21) ADOPTED AS RESOLUTION R-315134
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, September 26, 2023
Item 330: Proposed Response to Grand Jury Report: "Governance of San Diego Bay and Its Tidal Lands and Regions".

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-78) ADOPTED AS RESOLUTION R-315135
Resolution approving the City Council's response to the 2022-2023 San Diego Grand Jury Report titled "Governance of San Diego Bay and Its Tidal Lands and Regions." Committee Actions Taken:

This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on September 06, 2023.

ACTION: Motion by Chair Campillo, second by Vice Chair Montgomery Steppe, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.

Office of the Independent Budget Analyst: Nicky Bennett, (619) 236-6453 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 3:28 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, September 26, 2023
Item 350: 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
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].

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, September 26, 2023
Item 351: Ballot Propositions Forwarded for 2nd Committee Review.

The following ballot propositions have been referred from the Rules Committee to a second hearing for consideration for placement on a future ballot as noted.

Proposal Target Ballot
Amendments to City Charter Regarding Redistricting November 5, 2024 Amendments to City Charter Regarding the Offices of the City Attorney and Municipal Counsel
November 5, 2024
The following ballot propositions have been referred to a second hearing at the Environment Committee for consideration for placement on a future ballot, as noted.

Proposal Target Ballot
Formation of Non-Profit Electric Utility March 5, 2024
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item S500: Sierra Club San Diego 75th Anniversary Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming October 1, 2023, to be “Sierra Club San Diego 75th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item S501: PAESAN Day.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, September 26, 2023
COUNCILMEMBER LACAVA'S RECOMMENDATION:

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

COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item S502: Freedom to Read Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming October 2, 2023, to be “Freedom to Read Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item S503: City of San Diego Affordable Housing Fund Fiscal Year 2023 Annual Report.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, September 26, 2023
Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Housing Commission: Christelle Van Der Windt, (619) 578-7427 COUNCIL ACTION: Start Time: 2:56 PM

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, September 26, 2023

ADJOURNMENT
The meeting was adjourned by Council President Pro Tem Montgomery Steppe at 4:09 p.m. in honor of the memory of:

Janay Kruger as requested by Councilmember Lee.

COUNCIL ACTION: Start Time: 4:07 PM

San Diego City CouncilSeptember 26, 2023

San Diego City Council
September 26, 2023