THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, OCTOBER 2, 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 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 CLOSED SESSION................................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................7 Item 200: Update on the Redevelopment of the City-Owned Real Property Located at 3220, 3240, 3250 and 3500 Sports Arena Boulevard (Midway Site)...................................................8 Item 201: Master Lease Agreement to Finance Three Police Helicopters with Mission Configuration Installation .....................................................................................................9 Item 202: Adoption of Resolution of Necessity to Commence Eminent Domain Process to Acquire Permanent Easements, Temporary Construction Area Permits, and Access Area Permits for the Alvarado Trunk Sewer Phase IV Project, CIP Project S-15019 and Alvarado Trunk Sewer Water Main Relocation Project, CIP Project B-18104.............................................................10 Item 250: Ballot Measure Calendar.....................................................................................11 Item 251: Ballot Propositions Forwarded for 2nd Committee Review.....................................12 REPORT OUT FROM CLOSED SESSION................................................................................13 ADJOURNMENT .................................................................................................................13 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, October 2, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 10:14 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:02 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 4:40 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-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, October 2, 2023
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campillo.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code section 54956.9(d)(1):
CS-1 Hannah Rexroth v. City of San Diego
San Diego Superior Court Case No. 37-2021-00013294-CU-PA-CTL Risk Management Department Claim File No. 25970
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 2, 2023
DCA Assigned: L. K. Gantney
This case arises from a pedestrian accident involving a City truck occurring at the intersection of Carmelo Street and Cordova 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: 10:02 AM
Public testimony by Joy Sunyata, Blair Beekman, Audra, and Dan Smiechowski.
Council President Elo-Rivera closed the hearing.
CS-2 Abdul and Priscilla Nevarez v. City of San Diego, et al.
United States District Court Case No. 23cv00484-AJB-WVG Risk Management Department Claim File No. 30397
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 2, 2023
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, October 2, 2023
DCA Assigned: D. W. Nicholas
This case arises from a claim that the City failed to provide adequate ADA access at Torrey Pines golf course. 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: 10:02 AM
Public testimony by Joy Sunyata, Audra, and Dan Smiechowski.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
U.S. Supreme Court Case #S271848 No. Docket 21-7947 commented on 14th Amendment, Section 1.
COUNCIL ACTION: Start Time: 4:06 PM
PUBLIC COMMENT-2:
Joy Sunyata commented on 10-year library anniversary.
COUNCIL ACTION: Start Time: 4:09 PM
PUBLIC COMMENT-3:
Truth commented on free speech.
COUNCIL ACTION: Start Time: 4:11 PM
PUBLIC COMMENT-4 (virtual):
Blair Beekman commented on smart streetlight contract process.
COUNCIL ACTION: Start Time: 4:13 PM
PUBLIC COMMENT-5 (virtual):
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, October 2, 2023
Sam Hodgson commented on global pandemic in 2020; and San Diego Police Department helicopters.
COUNCIL ACTION: Start Time: 4:15 PM
PUBLIC COMMENT-6 (virtual):
Barbara Gordon commented on National Youth Substance Use Prevention Month.
COUNCIL ACTION: Start Time: 4:18 PM
PUBLIC COMMENT-7 (virtual):
Francine Maxwell commented on the Chief Executive Officer search for the Housing Commission; and tenant’s rights.
COUNCIL ACTION: Start Time: 4:20 PM
PUBLIC COMMENT-8 (virtual):
Kathleen Lippitt commented on mental illness and drug addiction.
COUNCIL ACTION: Start Time: 4:21 PM
PUBLIC COMMENT-9 (virtual):
Judi Strang commented on behavioral health; and prevention matters.
COUNCIL ACTION: Start Time: 4:23 PM
PUBLIC COMMENT-10 (virtual):
Peggy Walker commented on Clean Air Day, October 5th.
COUNCIL ACTION: Start Time: 4:26 PM
PUBLIC COMMENT-11 (virtual):
Audra commented on Second Amendment; and various topics.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, October 2, 2023
COUNCIL ACTION: Start Time: 4:28 PM
PUBLIC COMMENT-11 (virtual):
Becky Rapp commented on prevention is key to creating a strong foundation for a mentally healthy San Diego.
COUNCIL ACTION: Start Time: 4:30 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT CITY CLERK COMMENT:
City Clerk Fuentes announced Daichi Pantaleon was appointed Assistant City Clerk. She stated that Daichi will be tasked with the development of strategies and coordinated implementing procedures to ensure effective processing timeframes and consistent regulatory compliance for the department as well as coordinate managerial-level duties as part of the management team.
She recognized Daichi as a seasoned local government professional serving the City of San Diego for nearly 12 years. City Clerk Fuentes shared prior to Daichi serving as the Assistant Deputy Director at the Economic Development Department, she was the Program Manager in the Clerk’s office where she was responsible for the management of the Administration and Public Information & Passport Services Division. City Clerk Fuentes expressed her excitement to have someone with Daichi’s experience in this position.
COUNCIL ACTION: Start Time: 2:02 PM
COUNCIL COMMENT-1:
Council President Elo-Rivera welcomed Daichi and congratulated her on her new position.
COUNCIL ACTION: Start Time: 2:04 PM
Item 200: Update on the Redevelopment of the City-Owned Real Property Located at 3220, 3240, 3250 and 3500 Sports Arena Boulevard (Midway Site).
Total Estimated Cost of Proposed Action and Funding Source:
None.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, October 2, 2023
Council District(s) Affected: 2.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Penny Maus, (619) 236-7346 COUNCIL ACTION: Start Time: 2:04 PM
Item 201: Master Lease Agreement to Finance Three Police Helicopters with Mission Configuration Installation.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the "Fiscal Considerations" section of the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-22) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 17, 2023 Introduction of an Ordinance approving the City of San Diego’s Master Lease Agreement with Banc of America Public Capital Corporation for the purpose of financing the purchase of three police helicopters with mission configuration installation in an amount not to exceed $16,000,000 and declaring its official intent to reimburse itself from the proceeds of tax-exempt lease-purchase obligations.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on September 13, 2023.
ACTION: Motion by Vice Chair Moreno. Second by Chair Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, October 2, 2023
Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 3:49 PM
MOTION BY MONICA MONTGOMERY STEPPE TO INTRODUCE. 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 202: Adoption of Resolution of Necessity to Commence Eminent Domain Process to Acquire Permanent Easements, Temporary Construction Area Permits, and Access Area Permits for the Alvarado Trunk Sewer Phase IV Project, CIP Project S-15019 and Alvarado Trunk Sewer Water Main Relocation Project, CIP Project B-18104.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Chief Financial Officer to expend funds in the amount of $737,200 from Alvarado Trunk Sewer Phase IV Capital Improvement Project, Muni Sewer Utility Fund, for the purposes of making an initial fair market value deposit into the State Treasury Condemnation Fund as required under eminent domain law for the probable amount of compensation for the property interests to be acquired.
Council District(s) Affected: 7.
Proposed Actions:
(R-2024-99) ADOPTED AS RESOLUTION R-315136
Adopt by a two-thirds vote the Resolution of Necessity (R-2024-99) to acquire property interests deemed necessary for the construction of the Alvarado Trunk Sewer Phase IV Project (CIP Project S-15019) and Alvarado Trunk Sewer Water Main Relocation Project (CIP Project B18104); and Authorize the City Attorney to commence proceedings in eminent domain and to obtain an order for prejudgment possession if necessary; and
Authorize the Chief Financial Officer to deposit, as necessary, the probable amount of compensation for the property interests to be acquired into the State Treasury Condemnation Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, October 2, 2023
Fund as required under eminent domain law and authorize expenditure of related litigation expenses.
6 votes required pursuant to Code of Civil Procedure Section 1245.240.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Christina Cruz, (619) 533-6509 City Attorney Contact: Jenny K. Goodman
COUNCIL ACTION: Start Time: 3:29 PM
Public testimony by Andrew G. Nagurney, Truth, and Audra.
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.
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 Notices were for public record only. These items 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
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, October 2, 2023
Monday, 07/07/2023 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].
Item 251: 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
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, October 2, 2023
Formation of Non-Profit Electric Utility March 5, 2024
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:40 p.m. in honor of the memory of:
Greg Evans Knoll as requested by Council President Pro Tem Montgomery Steppe, Councilmember von Wilpert, and Council President Elo-Rivera.
COUNCIL ACTION: Start Time: 4:32 PM