THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, OCTOBER 30, 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 .........................................................................................6
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 Item 200: Fiscal Year 2023 Year-End Financial Performance Report........................................9 Item 201: Authorization to Execute the First Amendment to the NextRequest Service Agreement with NextRequest for Continuation of Public Records Portal Services.....................10 Item 202: Proposed Response to Grand Jury Report: “Downtown Area Public Restrooms in the City of San Diego: Stop Kicking the Can Down the Road”.....................................................11 Item 203: FY 2025 City Council Budget Priorities.................................................................12 Item 204: American Tower Dish Sorrento Tower – Project No. 1055279 ...............................13 Item 250: Ballot Measure Calendar.....................................................................................15 Item 251: Ballot Propositions Forwarded for 2nd Committee Review.....................................16 REPORT OUT FROM CLOSED SESSION................................................................................16 ADJOURNMENT .................................................................................................................17 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, October 30, 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 10:19 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 Councilmember Campillo not present. Councilmember Moreno left the meeting at 4:58 p.m. Council President Pro Tem Montgomery Steppe left the meeting at 4:59 p.m. The meeting was adjourned by Council President Elo-Rivera 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-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
CD-7 Councilmember Raul A. Campillo – (Excused by Resolution R-315116, due to family leave)
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-not present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, October 30, 2023
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember LaCava.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Michael Bloom, et al. v. City of San Diego
USDC 17cv2324 (AJB) DEB
Risk Management Department Claim File No.: 18372
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 30, 2023
DCA Assigned: M. T. Neff
This case involves a certified class of all persons in the City of San Diego residing in their vehicles and sixteen plaintiffs with individual claims under the Americans with Disabilities Act (ADA). Plaintiffs are challenging the City’s Vehicle Habitation Ordinance (VHO). 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, Lori Saldaña, and Audra.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9:
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, October 30, 2023
CS-2 SDPD Pistol Range Environmental and Occupational Health and Safety Violations and Settlements
San Diego County DEHQ Hazardous Materials Division Case No. SD-ENF-23-000944; OSHA Inspection No. 1596601
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 30, 2023
DCA Assigned: L. E. Easton, DCA and F. M. Ortlieb, SDCA The City Attorney’s Office will discuss the facts and seek direction.
COUNCIL ACTION: Start Time: 10:03 AM
Public testimony by Lori Saldaña and Audra.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-3 Christine Boulton-Hunyady v. City of San Diego
San Diego Superior Court Case No. 37-2022-00012065-CU-WT-CTL Risk Management Department Claim File No. 28531
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 30, 2023
DCA Assigned: A. B. Markowitz
Plaintiff alleges that the City of San Diego retaliated against her in violation of Labor Code section 1102.5. 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 Audra.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, October 30, 2023
Benjamin Stein commented on police report/previous topic.
COUNCIL ACTION: Start Time: 4:52 PM
PUBLIC COMMENT-2:
U.S. Supreme Court Docket D-079408 commented on Amendment 14, Section I.
COUNCIL ACTION: Start Time: 4:54 PM
PUBLIC COMMENT-3:
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 4:56 PM
PUBLIC COMMENT-4 (virtual):
Dan Smiechowski commented on rage of electric bikes.
COUNCIL ACTION: Start Time: 4:59 PM
PUBLIC COMMENT-5 (virtual):
Becky Rapp commented on marijuana packaging.
COUNCIL ACTION: Start Time: 5:01 PM
PUBLIC COMMENT-6 (virtual):
Blair Beekman commented on decrease of violent crimes; and smart streetlights contract.
COUNCIL ACTION: Start Time: 5:03 PM
PUBLIC COMMENT-7 (virtual):
Lori Saldaña commented on Ethics Commission appointment.
COUNCIL ACTION: Start Time: 5:05PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, October 30, 2023
PUBLIC COMMENT-8 (virtual):
Barbara Gordon commented on addictive substances.
COUNCIL ACTION: Start Time: 5:08 PM
PUBLIC COMMENT-9 (virtual):
Francine Maxwell thanked the Clerk’s Office for training; commented on Gore; and Commission on Police Practices.
COUNCIL ACTION: Start Time: 5:10 PM
PUBLIC COMMENT-10 (virtual):
Diane Grace commented on Prop 31.
COUNCIL ACTION: Start Time: 5:12 PM
PUBLIC COMMENT-11 (virtual):
Joy Sunyata commented on apology; and update.
COUNCIL ACTION: Start Time: 5:14 PM
PUBLIC COMMENT-12 (virtual):
Unknown caller thanked Councilmembers for trick-or-treat press conference.
COUNCIL ACTION: Start Time: 5:15 PM
PUBLIC COMMENT-13 (virtual):
Truth commented on freedom.
COUNCIL ACTION: Start Time: 5:17 PM
PUBLIC COMMENT-14 (virtual):
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, October 30, 2023
Audra commented on Maine tragedy.
COUNCIL ACTION: Start Time: 5:20 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember von Wilpert addressed the mass shooting in Maine that left 18 people dead and 13 people in hospitals. She mentioned a child who was shot asked the news interviewer: “Why do people do this?” Councilmember von Wilpert expressed being very proud to be on this Council working with the City Attorney and Mayor to protect our kids from gun violence. She stated that the City Attorney has issued over 1,000 gun violence restraining orders; and our state Attorney General is fighting in the courts to reinstate California’s assault weapons ban which Judge Benitez here in San Diego struck down.
COUNCIL ACTION: Start Time: 2:03 PM
COUNCIL COMMENT-2:
Council President Elo-Rivera wanted to commemorate a very special anniversary for Independent Budget Analyst Charles Modica, who reached the 10-year mark of employment with the City. He acknowledged Charles, as the epitome of a public servant and that San Diego is a much better City because of his commitment. Council President Elo-Rivera thanked and congratulated him on his achievement.
COUNCIL ACTION: Start Time: 2:04 PM
CITY CLERK COMMENT:
City Clerk Fuentes expressed appreciation for the Council, as well as City communications efforts, in getting the word out for our recent information gathering workshops that we have been having on the Municipal Code. She mentioned online meetings have already been conducted with representatives from City departments and we are currently coordinating with multiple community organizations. City Clerk Fuentes noted that as we strive for continuous improvement, we welcome feedback. She announced that the second meeting was held at the Otay Mesa Library.
COUNCIL ACTION: Start Time: 2:02 PM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, October 30, 2023
Item 200: Fiscal Year 2023 Year-End Financial Performance Report.
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: Ambar Gutierrez, (619) 533-6297
COUNCIL ACTION: Start Time: 2:07 PM
Item 201: Authorization to Execute the First Amendment to the NextRequest Service Agreement with NextRequest for Continuation of Public Records Portal Services.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost of this Amendment is $66,933.50 and will be funded by the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-27) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 14, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. One to the NextRequest Service Agreement with NextRequest Co., extending the five-year term to December 31, 2024, and increasing the not-to-exceed amount by $66,933.50 for continuation of the City’s online public records request portal services including the annual license, software as a service, fully hosted, maintained, and cloud-based services, bringing the total Agreement amount to a not-to-exceed of $293,446.50, and related funding actions. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Communications: Angela Laurita, (619) 533-6507
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, October 30, 2023
City Attorney Contact: Markecia Simmons
COUNCIL ACTION: Start Time: 4:40 PM
MOTION BY JENNIFER CAMPBELL 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, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 202: Proposed Response to Grand Jury Report: “Downtown Area Public Restrooms in the City of San Diego: Stop Kicking the Can Down the Road".
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-141) ADOPTED AS RESOLUTION R-315175
Resolution approving the City Council's response to the 2022/2023 San Diego County Grand Jury Report titled “Downtown Area Public Restrooms in the City of San Diego: Stop Kicking the Can Down the Road.”
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on October 05, 2023.
ACTION: Motion by Chair Campbell, second by Committee Member Whitburn, to recommend Council approval of staff’s proposed actions with the following amendment to be included prior to the hearing by the City Council:
In response to Finding 01: Revise the first line of the report to include that of the 15 public restrooms in the downtown area, 3 are permanent and 12 are portable and all are open 24/7.
VOTE: 3-0; Campbell-yea, Whitburn-yea, Campillo-yea, Elo-Rivera-not present.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, October 30, 2023
Office of the Independent Budget Analyst: Baku Patel, (619) 236-6443 City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 3:55 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 203: FY 2025 City Council Budget Priorities.
Total Estimated Cost of Proposed Action and Funding Source: NA Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-127 Rev.) ADOPTED AS AMENDED AS RESOLUTION R-315176 Resolution accepting the Independent Budget Analyst's Fiscal Year 2025 Report on City Council Budget Priorities and directing that the report, along with Councilmember Budget Priority Memoranda, be sent to the Mayor's Office for consideration in preparing the Fiscal Year 2025 Budget.
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 18, 2023.
ACTION: Motion by Chair Montgomery Steppe, second by Committee Member LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-not present.
Office of the Independent Budget Analyst: Lisa Byrne, (619) 236-5917 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 3:11 PM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, October 30, 2023
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT THE RESOLUTION AS AMENDED TO REVISE IBA REPORT NUMBER 23-32 TO FURTHER SPECIFY THAT THE SUPPORT FOR 4.00 FTE
LIFEGUARD III POSITIONS INCLUDES SUPPORT FOR TWO ON-DUTY OVERNIGHT LIFEGUARDS TO INCREASE NIGHT CREW STAFFING. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 204: American Tower Dish Sorrento Tower – Project No. 1055279.
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: 2.
Proposed Actions:
This item is for a Conditional Use Permit and a Site Development Permit for the new construction of a Dish Wireless Communication Facility (WCF) located at 2875 Cowley Way, the WCF is proposing an eight-foot-tall Fiberglass Reinforced Plastic screen on top of the Sorrento Tower (Project). The project consists of 3 antennas and associated equipment that increase the height of the Project over 30 feet which exceeds the height overlay zone requirements. City Council approval is required for the Project’s height exceedance of the overlay zone.
Subitem-A: (R-2024-140) ADOPTED AS RESOLUTION R-315177
Resolution determining that the Project is exempt from the California Environmental Quality Act Pursuant to Section 15303 of the CEQA Guidelines;
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 this Project.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2024-137 Cor. Copy) ADOPTED AS RESOLUTION R-315178 Resolution granting the Conditional Use Permit and Site Development Permit for the Project.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, October 30, 2023
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Ian Heacox, (619) 446-5338
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 4:26 PM
Public testimony by Matt Vigil, Blair Beekman, Lori Saldaña, Dan Smiechowski, and Truth.
MOTION BY JENNIFER CAMPBELL 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, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
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
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
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, October 30, 2023
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
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Monday, October 30, 2023
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:22 p.m.
COUNCIL ACTION: Start Time: 5:22 PM