THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, NOVEMBER 6, 2023
AT 2:00 PM
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 NON-AGENDA PUBLIC COMMENT ........................................................................................4
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT .........................................................................................................................7 Item 200: Consideration of a Ballot Measure Proposal by the City Auditor to Amend the San Diego City Charter Relating to Independent Legal Counsel for the Office of the City Auditor and the Audit Committee, for Placement on the March 5, 2024 Municipal Special Election Ballot, Consolidated with the California State Presidential Primary Election and Related Actions Regarding Ballot Materials...................................................................................................7 Item 201: Proposed Response to Grand Jury Report “City of San Diego Development Impact Fees - What’s the DIF?” ......................................................................................................9 Item 202: Approval of the San Diego Public Library Master Plan..........................................10 Item 203: Resolution Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act ..........................................................................................11 Item 250: Ballot Measure Calendar ...................................................................................12 Item 251: Ballot Propositions Forwarded for 2nd Committee Review ...................................13 Item S400: Public Notice Examination of Ballot Materials – March 5, 2024, Primary ..............13 REPORT OUT FROM CLOSED SESSION...............................................................................14 Minutes of Monday, November 6, 2023
Table of Contents (Continued)
ADJOURNMENT ................................................................................................................14 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, November 6, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:02 p.m. Councilmember Lee left the meeting at 5:09 p.m. The meeting was adjourned by Council President Elo-Rivera at 5:41 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
INVOCATION
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, November 6, 2023
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Supreme Court of California Case #S271848 commented on Amendment 14, Section I.
COUNCIL ACTION: Start Time: 5:09 PM
PUBLIC COMMENT-2:
Dana Short commented on San Diego Rodeo.
COUNCIL ACTION: Start Time: 5:12 PM
PUBLIC COMMENT-3:
Samantha Prado commented on opposing upcoming rodeo in San Diego.
COUNCIL ACTION: Start Time: 5:14 PM
PUBLIC COMMENT-4 (virtual):
Dan Smiechowski commented on candidates running for public office.
COUNCIL ACTION: Start Time: 5:15 PM
PUBLIC COMMENT-5 (virtual):
Blair Beekman commented on listening devices; and SPLA review.
COUNCIL ACTION: Start Time: 5:17 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, November 6, 2023
PUBLIC COMMENT-6 (virtual):
Barbara Gordon commented on the increase of marijuana businesses.
COUNCIL ACTION: Start Time: 5:19 PM
PUBLIC COMMENT-7 (virtual):
Francine Maxwell commented on the Commission on Police Practices resignation of executive director; and social media marketing expenditure.
COUNCIL ACTION: Start Time: 5:21 PM
PUBLIC COMMENT-8 (virtual):
Kathleen Lippitt commented on Howard Wayne.
COUNCIL ACTION: Start Time: 5:23 PM
PUBLIC COMMENT-9 (virtual):
John Stump commented on Howard Wayne; and water and sewer rate increases.
COUNCIL ACTION: Start Time: 5:25 PM
PUBLIC COMMENT-10 (virtual):
Peggy Walker commented on a ban on marijuana products designed to appeal to children; and THC potency cap.
COUNCIL ACTION: Start Time: 5:26 PM
PUBLIC COMMENT-11 (virtual):
Joy Sunyata commented on smart streetlight surveillance and Ubicquia contract.
COUNCIL ACTION: Start Time: 5:28 PM
PUBLIC COMMENT-12 (virtual):
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, November 6, 2023
Truth commented on corruption.
COUNCIL ACTION: Start Time: 5:30 PM
PUBLIC COMMENT-13 (virtual):
Kelly McCormick commented on marijuana use linked to heart issues.
COUNCIL ACTION: Start Time: 5:32 PM
PUBLIC COMMENT-14 (virtual):
Benjamin Stein commented on support for settlement.
COUNCIL ACTION: Start Time: 5:34 PM
PUBLIC COMMENT-15 (virtual):
Becky Rapp thanked Councilmembers for press conference for stronger enforcement of the sale of flavored tobacco.
COUNCIL ACTION: Start Time: 5:36 PM
PUBLIC COMMENT-16 (virtual):
Judi Strang commented on Western States Marijuana Summit Conference.
COUNCIL ACTION: Start Time: 5:38 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.
Item 200: Consideration of a Ballot Measure Proposal by the City Auditor to Amend the San Diego City Charter Relating to Independent Legal Counsel for the Office of the City Auditor and the Audit Committee, for Placement on the March 5, 2024 Municipal Special Election Ballot, Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, November 6, 2023
Consolidated with the California State Presidential Primary Election and Related Actions Regarding Ballot Materials.
Total Estimated Cost of Proposed Action and Funding Source:
Please note that the financial information associated with this item represents the initial budgeted amount of $4,212,979 within FY 2024 Citywide Elections Expenditures. Final election costs will be calculated based on the total number of participating jurisdictions, the number of items placed on the ballot, and may differ from the information included here.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2024-42 Cor. Copy) INTRODUCED AND ADOPTED AS ORDINANCE O-21744 (New Series)
Introduction and Adoption of an Ordinance submitting to the qualified voters of the City of San Diego at the Municipal Special Election, consolidated with the California State Presidential Primary Election, to be held on March 5, 2024, one measure amending the San Diego City Charter, by amending Article V, by amending section 40 and adding section 40.2, relating to independent legal counsel for the Office of the City Auditor and Audit Committee on specified conditions.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2024-149 Cor. Copy 2) ADOPTED AS RESOLUTION R-315191 Resolution directing the City Attorney to prepare a ballot title and summary and an impartial analysis; directing the Mayor, Independent Budget Analyst, and City Auditor to prepare a fiscal impact analysis; and assigning ballot arguments, all regarding one measure amending the San Diego City Charter, by amending Article V, by amending section 40 and adding section 40.2, relating to independent legal counsel for the Office of the City Auditor and Audit Committee on specified conditions, to be submitted to qualified voters of the City of San Diego at the Municipal Special Election, consolidated with the California State Presidential Primary Election to be held on March 5, 2024.
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on February 16, 2022.
ACTION: Motion by Committee Member Cate to approve staff’s proposed actions. Seconded by Chair Elo-Rivera with the following Amendment to Section 2 of the proposed actions: “Such Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, November 6, 2023
ballot measure language shall vest the Audit Committee with the sole power to deem independent legal counsel for the City Auditor in the City’s best interest.” VOTE: 3-2; Elo-Rivera-yea, LaCava-yea, Cate-yea, Whitburn-nay, Campillo-nay.
Office of the City Auditor: Matthew Helm, (619) 533-3007 City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 2:30 PM
MOTION BY VIVIAN MORENO TO INTRODUCE, DISPENSE WITH THE READING, AND ADOPT THE ORDINANCE IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B ASSIGNING
COUNCILMEMBER MORENO TO SIGN AND FILE A WRITTEN BALLOT ARGUMENT IN FAVOR OF THE BALLOT MEASURE FOR INCLUSION IN THE VOTER PAMPHLET. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Monica Montgomery Steppe, Kent Lee, Vivian Moreno, Sean Elo-Rivera; Nay: Jennifer Campbell, Stephen Whitburn, Marni von Wilpert; Recused: (None);
Not Present: Raul A. Campillo.
Item 201: Proposed Response to Grand Jury Report “City of San Diego Development Impact Fees - What’s the DIF?”
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-144 Cor. Copy) ADOPTED AS RESOLUTION R-315192
Resolution approving the City Council's response to the 2022-2023 San Diego County Grand Jury report titled "City of San Diego Development Impact Fees – What’s the DIF?." This item is not subject to the Mayor’s veto.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, November 6, 2023
ACTION: Motion by Vice Chair LaCava, second by Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Office of the Independent Budget Analyst: Ruixin Chen, (619) 533-4764 City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 3:42 PM
MOTION BY KENT LEE TO ADOPT. Second by Monica Montgomery Steppe.
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: Approval of the San Diego Public Library Master Plan.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-166) ADOPTED AS RESOLUTION R-315193
Resolution approving the City of San Diego Library Master Plan.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on October 5, 2023.
ACTION: Motion by Chair Campbell, second by Committee Member Campillo, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campbell-yea, Whitburn-yea, Campillo-yea, Elo-Rivera-not present.
Library: Misty Jones, (619) 236-5843
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, November 6, 2023
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 4:11 PM
MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
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: Resolution Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-169) ADOPTED AS RESOLUTION R-315194
Resolution opposing the Taxpayer Protection and Government Accountability Act, Ballot Initiative No. 21-0042A1, which qualified for the November 2024 statewide election.
Committee Actions Taken: N/A
Council District 9: Julio Garcia, (619) 510-6899
City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 2:05 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Joe LaCava.
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.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, November 6, 2023
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
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
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, November 6, 2023
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
Item S400: Public Notice Examination of Ballot Materials – March 5, 2024, Primary.
Pursuant to San Diego Municipal Code Section 27.0403, candidate statements, the propositions and related ballot materials for said candidate races and propositions, to be submitted to the voters within the City of San Diego at the election of March 5, 2024, will be available for public examination for ten (10) calendar days commencing on the business day following the deadline for filing those ballot materials in the Office of the City Clerk. During the examination period, any voter registered in the City may seek a writ of mandate or an injunction requiring any or all of the ballot or sample ballot materials be amended or deleted. Please note the following examination periods:
Document Start date End date
Candidate Statements of
Qualification and
Designations of Principal
Profession or Occupation
December 8, 2023 December 18, 2023
Ordinances calling election and
Ordinances placing measures on
the ballot
December 9, 2023 December 19, 2023
City Attorney’s impartial
analysis, ballot title and
summary, and
Mayor/IBA/City Auditor’s
fiscal analysis
December 12, 2023 December 22, 2023
Ballot arguments December 14, 2023 December 26, 2023
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, November 6, 2023
For additional information regarding this matter, please contact the Office of the City Clerk at (619) 533-4000.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:41 p.m.
COUNCIL ACTION: Start Time: 5:41 PM