THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE SPECIAL COUNCIL MEETING
OF
TUESDAY, NOVEMBER 14, 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 ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 700: Extension of the Multiple Award Construction Contract (MACC) for Water, Wastewater, and Stormwater Pipeline Projects (K-17-1518-MAC-3) for an Additional 15 Months and the Extension of Three (3) Tasks ..................................................................................10 Item 701: Authorization to Execute the First Amendment to the NextRequest Service Agreement with NextRequest for Continuation of Public Records Portal Services.....................11 Item 702: Approval of the First Amendment to the Master Service Agreement Between the City of San Diego and Zensar Technologies, Inc. for Network Services .........................................12 Item 703: Exempt one (1) Supplemental Program Manager Position in the Parks and Recreation Department from the Classified Service...............................................................13 Item 704: Pure Water – Owner Controlled Insurance Program – First Amendment to the Agreement with AON Risk Insurance Services West, Inc. for the Owner Controlled Insurance Program (OCIP) – RFP 10089372-18-V ................................................................................14 Item 705: Bridge Rehab, Safety, and Mobility Project at Palm Avenue/I-805 Interchange (S00869) Bridge Investment Program in an Amount of $24,000,000......................................16 Minutes of Tuesday, November 14, 2023 Page 2
Table of Contents (Continued)
Item 706: Settlement of Tanner M. Jones v. City of San Diego, et al. San Diego Superior Court 37-2021-00006326-CU-PA-CTL, Claim No. 26181 .................................................................17 Item 707: Settlement of Hannah Rexroth v. City of San Diego San Diego Superior Court Case No. 37-2021-00013294-CU-PA-CTL, Claim No. 25970 ...........................................................18 Item 708: Settlement of Harry Cornell Beans, III v. City of San Diego San Diego Superior Court No. 37-2022-00025031-CU-PA-CTL, Claim No. 27652 ...........................................................19 Item 709: Settlement of Juli Hughes v. City of San Diego San Diego Superior Court No. 37- 2021-00018706-CU-PO-CTL, Claim No. 25707......................................................................20 Item 710: Resolution Excusing Councilmember von Wilpert From City Council and Committee Meetings ...........................................................................................................................21 Item 711: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico...............................................................................21 Item 712: United Against Hate Week..................................................................................22 Item 713: Homeless Street Outreach Worker Appreciation Day ............................................23 Item 714: Positive Movement Foundation Day.....................................................................23 Item 715: National Immigrants Day ...................................................................................24 Item 716: National Apprenticeship Week ............................................................................24 Item 717: Eileen Kaufman Day ..........................................................................................25 Item 718: OpSam Health 50th Anniversary Day...................................................................25 Item 719: Accept and Expend Active Transportation Program (ATP Cycle 6) Grant Funding for the Accessibility Safety Plan for Individuals with Disabilities in Disadvantaged Communities.....26 Item 720: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to Provide Continued Legal Services as Panel Outside Counsel ..............................................................27 Item 721: Informational Update: Community Action Plan on Homelessness for the City of San Diego................................................................................................................................28 Item 722: Agreement with Ubicquia, Inc. for Smart Streetlight and Automated License Plate Recognition Technology......................................................................................................29 Item 723: Barrio Logan Community Plan and Local Coastal Program – California Coastal Commission Modifications...................................................................................................30 Minutes of Tuesday, November 14, 2023 Page 3
Table of Contents (Continued)
Item 724: Torrey Pines U-STOR-IT Project Appeal - Project No. 697502 ...............................31 Item 725: Approval of the Final Map “Lisbon Vista Heights” .................................................33 Item 726: Ballot Measure Calendar.....................................................................................34 Item 727: Ballot Propositions Forwarded for 2nd Committee Review.....................................35 Item 728: Public Notice Examination of Ballot Materials – March 5, 2024, Primary .................35 Item 729: National Recycling Month...................................................................................36 Item 730: Calling a Municipal Special Election to fill the vacancy in District 4 to be Held on Tuesday, March 5, 2024, and Consolidating Elections with the California State Presidential Primary Election.................................................................................................................36 REPORT OUT FROM CLOSED SESSION................................................................................38 ADJOURNMENT .................................................................................................................38 Minutes of the Council of the City of San Diego Page 4
for the Special Meeting of Tuesday, November 14, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 11:23 a.m. The meeting was recessed by Council President Elo-Rivera at 1:17 p.m.
The meeting was reconvened by Council President Elo-Rivera at 1:41 p.m. with Council Councilmember Campillo not present. Council President Elo-Rivera recessed the meeting at 1:43 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 2:35 p.m. with Councilmember Campillo and Councilmember Moreno not present. The meeting was adjourned by Council President Elo-Rivera at 7:09 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-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 (mrh/km)
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
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for the Special Meeting of Tuesday, November 14, 2023
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Lee.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
U.S. Supreme Court of California Case #217947 #S271848 commented on Amendment 14th Section I.
COUNCIL ACTION: Start Time: 12:32 PM
PUBLIC COMMENT-2:
Terrie Best commented on racism in politics.
COUNCIL ACTION: Start Time: 12:34 PM
PUBLIC COMMENT-3:
Rachel Hosler commented on the rodeo.
COUNCIL ACTION: Start Time: 12:37 PM
PUBLIC COMMENT-4:
Elizabeth Jacobelly commented on the ban rodeo in S.D.
COUNCIL ACTION: Start Time: 12:39 PM
PUBLIC COMMENT-5:
Lori Biewen commented on the rodeo.
COUNCIL ACTION: Start Time: 12:41 PM
PUBLIC COMMENT-6:
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Michele Walther commented on the rodeo.
COUNCIL ACTION: Start Time: 12:43 PM
PUBLIC COMMENT-7:
Rebecca Stepnick ban on the rodeo in S.D.
COUNCIL ACTION: Start Time: 12:45 PM
PUBLIC COMMENT-8:
Steven Blake commented on the Petco Park rodeo.
COUNCIL ACTION: Start Time: 12:46 PM
PUBLIC COMMENT-9:
Brian Chavez commented on the welfare of animals in rodeo.
COUNCIL ACTION: Start Time: 12:48 AM
PUBLIC COMMENT-10:
David Engel commented on the rodeo in San Diego.
COUNCIL ACTION: Start Time: 12:50 PM
PUBLIC COMMENT-11:
Yusef Miller commented on the sanitizing street wash.
COUNCIL ACTION: Start Time: 12:53 PM
PUBLIC COMMENT-12:
Samantha Prado commented on opposing horse racing.
COUNCIL ACTION: Start Time: 12:55 PM
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for the Special Meeting of Tuesday, November 14, 2023
PUBLIC COMMENT-13 (virtual):
Dan Smiechowski commented on Nathan Fletcher.
COUNCIL ACTION: Start Time: 12:57 PM
PUBLIC COMMENT-14 (virtual):
Peggy Walker commented on marijuana.
COUNCIL ACTION: Start Time: 12:59 PM
PUBLIC COMMENT-15 (virtual):
Blair Beekman commented on the amendment process.
COUNCIL ACTION: Start Time: 1:01 PM
PUBLIC COMMENT-16 (virtual):
Becky Rapp commented on marijuana.
COUNCIL ACTION: Start Time: 1:04 PM
PUBLIC COMMENT-17 (virtual):
John Stump commented on marijuana.
COUNCIL ACTION: Start Time: 1:06 PM
PUBLIC COMMENT-18 (virtual):
Joy Sunyata commented on Peter Seidler and Children’s Park.
COUNCIL ACTION: Start Time: 1:08 PM
PUBLIC COMMENT-19 (virtual):
Judi Strang commented on housing.
COUNCIL ACTION: Start Time: 1:10 PM
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for the Special Meeting of Tuesday, November 14, 2023
PUBLIC COMMENT-20 (virtual):
Audra commented on the rules of non-agenda public comment.
COUNCIL ACTION: Start Time: 1:12 PM
PUBLIC COMMENT-21 (virtual):
Lori Saldaña commented on Jesus Cardenas.
COUNCIL ACTION: Start Time: 1:15 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember Lee wished his son Oliver a Happy 4th birthday.
COUNCIL ACTION: Start Time: 11:41 AM
COUNCIL COMMENT-2:
Council President Elo-Rivera commented on the passing of the Padres owner Peter Seidler. He commented on their compassion and empathy towards addressing the homelessness crisis and contributions to the City.
COUNCIL ACTION: Start Time: 11:42 AM
SPECIAL ORDERS OF BUSINESS
None.
APPROVAL OF COUNCIL MINUTES
APPROVED
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for the Special Meeting of Tuesday, November 14, 2023
10/16/2023
10/17/2023
COUNCIL ACTION: Start Time: 11:26 AM
MOTION BY MONICA MONTGOMERY STEPPE 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, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 700: Extension of the Multiple Award Construction Contract (MACC) for Water, Wastewater, and Stormwater Pipeline Projects (K-17-1518-MAC-3) for an Additional 15 Months and the Extension of Three (3) Tasks.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize to extend contract duration of the Multiple Award Construction Contract for Water, Wastewater, and Stormwater Pipeline Projects (K-20-1865-MAC-3) for an additional 15 months with TC with zero cost.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-38) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 5, 2023 Introduction of an Ordinance authorizing the obligations of the Multiple Award Construction Contract for Water, Wastewater, and Stormwater Pipeline Projects (K-17-1518-MAC-3) with TC Construction to extend beyond five years for an additional 15 months to allow for completion of three task orders.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.
ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member von Wilpert, to recommend Council approval of staff's proposed actions.
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VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Engineering & Capital Projects: Michael Ramirez, (619) 533-4111 City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. 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 701: 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:
Adopt the following Ordinance which was introduced on 10/30/2023, Item 201 (Council voted 8- 0, Councilmember Campillo-not present):
(O-2024-27) ADOPTED AS ORDINANCE O-21745 (New Series)
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 San Diego Charter Section 99.
Committee Actions Taken: N/A
Communications: Angela Laurita, (619) 533-6507
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City Attorney Contact: Markecia Simmons
COUNCIL ACTION: Start Time: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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 702: Approval of the First Amendment to the Master Service Agreement Between the City of San Diego and Zensar Technologies, Inc. for Network Services.
Total Estimated Cost of Proposed Action and Funding Source:
Funding for this contract will come from both General and Non-General Funds. Total cost:
$159,206,654.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/31/2023, Item 50 (Council voted 8- 0, Councilmember Campillo-not present):
(O-2024-34) ADOPTED AS ORDINANCE O-21745 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Master Services Agreement for Network Services with Zensar Technologies, Inc. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 18, 2023.
ACTION: Motion by Committee Member Lee, second by Committee member LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
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for the Special Meeting of Tuesday, November 14, 2023
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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 703: Exempt one (1) Supplemental Program Manager Position in the Parks and Recreation Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
$248,044 annual cost with fringe. Any costs for FY 24 will be covered by salary savings in the Parks and Recreation Department in the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/31/2023, Item 51 (Council voted 8- 0, Councilmember Campillo-not present):
(O-2024-29) ADOPTED AS ORDINANCE O-21747 (New Series)
Ordinance authorizing the exemption of a Program Manager position in the City's Parks and Recreation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 6, 2023. This position will be responsible for overseeing the Grants and CIP Administration Section. This Action is brought under San Diego Charter section 117(a)(17).
Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 11:27 AM
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CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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 704: Pure Water – Owner Controlled Insurance Program – First Amendment to the Agreement with AON Risk Insurance Services West, Inc. for the Owner Controlled Insurance Program (OCIP) – RFP 10089372-18-V.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost of this amendment is $886,772.04, which will bring the total cost for this agreement to $1,886,522.04. The total cost estimated to be spent in FY24 is $164,016.71. $62,326.35 will come from Metro Sewer Utility Fund, and $101,690.36 will come from Water Utility Operating Fund. The remaining four years of the agreement is expected to be $722,755.33 with $274,647.03 from Metro Sewer Utility Fund and $448,108.30 from Water Utility Operating Fund.
Council District(s) Affected: 1, 2, 3, 5, 6, 7.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/31/2023, Item 52 (Council voted 8- 0, Councilmember Campillo-not present):
(O-2024-33) ADOPTED AS ORDINANCE O-21748 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Agreement with AON Risk Insurance Services West, Inc., for the Owner Controlled Insurance Program in connection with the Pure Water Phase 1 Program for an amount not-to-exceed $886,772.04, and to extend the term of the Agreement an additional five years. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 12, 2023.
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for the Special Meeting of Tuesday, November 14, 2023
ACTION: Motion by Committee von Wilpert, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-not present.
Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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 705: Bridge Rehab, Safety, and Mobility Project at Palm Avenue/I-805 Interchange (S00869) Bridge Investment Program in an Amount of $24,000,000.
Total Estimated Cost of Proposed Action and Funding Source:
Bridge Investment Program in an Amount of $24,000,000 within fund 600000, Grant Fund Federal. This grant award requires a 20% local match. The match will come from fund 400174, RTCIP.
Council District(s) Affected: 8.
Proposed Actions:
Subitem-A: (R-2024-176) ADOPTED AS RESOLUTION R-315217
Resolution stating for the record that the City Council has reviewed and considered the Final Initial Study with Mitigated Negative Declaration for the Interstate 805/Palm Avenue Interchange Improvements Project (SCH No. 2018101025) adopted by the California Department of Transportation on November 13, 2019; and adopting the Mitigation, Monitoring, and Reporting Program for the Project.
Subitem-B: (R-2024-175) ADOPTED AS RESOLUTION R-315218
Resolution authorizing the Mayor, or designee, to make applications to the Federal Highway Administration and take all necessary actions to secure funding in an amount not-to-exceed $24 Minutes of the Council of City of San Diego Page 15
for the Special Meeting of Tuesday, November 14, 2023
million in Fund CIP S-00869, Palm Ave/ I-805 Interchange, for the Interstate 805/Palm Avenue Interchange Improvements Project; and
Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Capital Improvement Program Budget (CIP S-00869, Palm Ave/ I-805 Interchange), to accept, appropriate and expend an amount not-to-exceed $24 million, for the purpose of supporting the construction phase of the project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and
Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Capital Improvement Program Budget (CIP S-00869, Palm Ave/ I-805 Interchange), to appropriate and expend a required grant match amount not to exceed $6,000,000 within Fund 400174, RTCIP.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.
ACTION: Motion by 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.
Transportation Department: Julio Canizal, (619) 235-5717 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. 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 706: Settlement of Tanner M. Jones v. City of San Diego, et al. San Diego Superior Court 37-2021-00006326-CU-PA-CTL, Claim No. 26181.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $150,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
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for the Special Meeting of Tuesday, November 14, 2023
Proposed Actions:
(R-2024-135) ADOPTED AS RESOLUTION R-315219
Resolution authorizing the settlement of Tanner M. Jones v. City of San Diego, et al., San Diego Superior Court Case No. 37-2021-00006326-CU-PA-CTL, related to a claim for personal injuries sustained on July 1, 2020 as a result of an automobile accident at the intersection of Murray Ridge Road and Larkdale Avenue in the City of San Diego. Risk Claim No. 26181.
Committee Actions Taken: N/A
Office of the City Attorney: Kelly L. McGeehan, (619) 533-5884 COUNCIL ACTION: Start Time: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. 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 707: Settlement of Hannah Rexroth v. City of San Diego San Diego Superior Court Case No. 37-2021-00013294-CU-PA-CTL, Claim No. 25970.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $173,675.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-155) ADOPTED AS RESOLUTION R-315220
Resolution authorizing the settlement of Hannah Rexroth v. City of San Diego, San Diego Superior Court 37-2021-00013294-CU-PA-CTL, related to a claim for personal injuries sustained on September 24, 2020. as a result of an automobile v. pedestrian accident at the intersection of Cordova Street and Carmelo Street in Point Loma. Risk Claim No. 25970.
Committee Actions Taken: N/A
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Office of the City Attorney: Laura K. Gantney, (619) 235-5884 COUNCIL ACTION: Start Time: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. 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 708: Settlement of Harry Cornell Beans, III v. City of San Diego San Diego Superior Court No. 37-2022-00025031-CU-PA-CTL, Claim No. 27652.
Total Estimated Cost of Proposed Action and Funding Source:
The settlement amount of $146,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-143) ADOPTED AS RESOLUTION R-315221
Resolution authorizing the settlement of Harry Cornell Beans, III v. City of San Diego, San Diego Superior Court No. 37-2022-00025031-CU-PA-CTL, related to a claim for personal injuries sustained on July 15, 2021 as a result of a trip and fall on an uneven portion of the sidewalk on Olivet Street in the City of La Jolla.
Committee Actions Taken: N/A
Office of the City Attorney: Orlando Palizzolo, (619) 533-5861 COUNCIL ACTION: Start Time: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. 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.
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Item 709: Settlement of Juli Hughes v. City of San Diego San Diego Superior Court No. 37- 2021-00018706-CU-PO-CTL, Claim No. 25707.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $150,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-146) ADOPTED AS RESOLUTION R-315222
Resolution authorizing the settlement of Juli Hughes v. City of San Diego; San Diego Superior Court No. 37-2021-00018706-CU-PO-CT, related to claim of personal injury arising from a trip and fall in a cracked crosswalk at the intersection of University Avenue and Highland Avenue in the City of San Diego that occurred on March 7, 2020. Risk Claim No. 25707.
Committee Actions Taken: N/A
Office of the City Attorney: Michelle T. Neff, (619) 533-5834 City Attorney Contact: Michelle T. Neff
COUNCIL ACTION: Start Time: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. 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 710: Resolution Excusing Councilmember von Wilpert From City Council and Committee Meetings.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
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(R-2024-145 Cor. Copy) ADOPTED AS RESOLUTION R-315223
Resolution excusing the absence of Councilmember Marni von Wilpert from City Council and Committee meetings.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 5: Quinton Grounds, (619) 235-5297
City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. 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 711: 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-2024-22) ADOPTED AS RESOLUTION R-315224
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: 11:27 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Minutes of the Council of City of San Diego Page 20
for the Special Meeting of Tuesday, November 14, 2023
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 Proclamations were NOT presented in Council Chambers.
Item 712: United Against Hate Week.
MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE, AND COUNCILMEMBER LEE'S RECOMMENDATION:
APPROVED
Proclaiming November 12-18, 2023, to be “United Against Hate Week” in the City of San Diego:
COUNCIL ACTION: Start Time: 11:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. 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.
Item 713: Homeless Street Outreach Worker Appreciation Day.
COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER LACAVA, AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:
APPROVED
Proclaiming December 6, 2023, to be “Homeless Street Outreach Worker Appreciation Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Stephen Whitburn.
Passed by the following vote:
Minutes of the Council of City of San Diego Page 21
for the Special Meeting of Tuesday, November 14, 2023
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 714: Positive Movement Foundation Day.
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE, COUNCILMEMBER WHITBURN, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
APPROVED
Proclaiming December 2, 2023, to be “Positive Movement Foundation Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. 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.
Item 715: National Immigrants Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
APPROVED
Proclaiming October 28, 2023, to be “National Immigrants Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. 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;
Minutes of the Council of City of San Diego Page 22
for the Special Meeting of Tuesday, November 14, 2023
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Item 716: National Apprenticeship Week.
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming November 13 - 19, 2023, to be “National Apprenticeship Week” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. 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.
Item 717: Eileen Kaufman Day.
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming December 2, 2023, to be “Eileen Kaufman Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. 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.
Minutes of the Council of City of San Diego Page 23
for the Special Meeting of Tuesday, November 14, 2023
Item 718: OpSam Health 50th Anniversary Day.
MAYOR GLORIA, COUNCILMEMBER VON WILPERT, AND COUNCILMEMBER LEE'S RECOMMENDATION:
APPROVED
Proclaiming December 2, 2023, to be “OpSam Health 50th Anniversary Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. 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.
Item 719: Accept and Expend Active Transportation Program (ATP Cycle 6) Grant Funding for the Accessibility Safety Plan for Individuals with Disabilities in Disadvantaged Communities.
Total Estimated Cost of Proposed Action and Funding Source:
Accept $1,238,540 of grant funds from the California Department of Transportation. The required City grant match of $262,000 from the General Fund is included in the Fiscal Year 2024 Budget.
Council District(s) Affected: 3, 4, 8, 9.
Proposed Actions:
Subitem-A: (R-2024-178) RETURNED TO STAFF
Resolution determining that accepting, appropriating, and expending grant funding for the Accessibility Safety Plan for Individuals with Disabilities in Disadvantaged Communities is exempt from the California Environmental Quality Act Pursuant to Section 15060(c)(2) of the CEQA Guidelines.
Subitem-B: (R-2024-177) ADOPTED AS RESOLUTION R-315225
Minutes of the Council of City of San Diego Page 24
for the Special Meeting of Tuesday, November 14, 2023
Resolution authorizing the Mayor, or his designee, to accept, appropriate and expend grant funding from Department of Transportation and take all necessary actions to secure funding in an amount not-to-exceed $1,238,540.00, for the Accessibility Safety Plan for Individuals with Disabilities in Disadvantaged Communities and related actions.
Committee Actions Taken: N/A
Sustainability and Mobility: Thyme Curtis, (619) 236-5985 City Attorney Contact: Dominic Guglielmo
COUNCIL ACTION: Start Time: 11:25 PM & 12:16 PM
MOTION BY STEPHEN WHITBURN TO RETURN SUBITEM A TO STAFF; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Kent Lee.
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 720: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to Provide Continued Legal Services as Panel Outside Counsel.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed Second Amendment to the LSA is an increase of $250,000, for a contract total amount not-to-exceed $750,000. Funding will come from Municipal Sewer for time spent on Allred, or from Water Fund for time spent on Patz.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-35 Cor. Copy) RETURNED TO STAFF
Introduction of an Ordinance authorizing the Second Amendment to the legal services agreement between the City and Colantuono, Highsmith & Whatley, PC to increase the total notto-exceed amount to $750,000 from $500,000. The $250,000 increase is necessary to continue work the Law Firm is currently performing on behalf of the City, which includes defending the City in the active litigation matter Allred v. City of San Diego, a Proposition 218 case challenging the City’s fee structure for the Industrial Wastewater Control Program. The firm will also assist Minutes of the Council of City of San Diego Page 25
for the Special Meeting of Tuesday, November 14, 2023
the City in defending the lawsuit Patz v. City of San Diego, a case challenging the City’s tiered rate structure for water rates.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-5800 COUNCIL ACTION: Start Time: 11:25 AM
Item 721: Informational Update: Community Action Plan on Homelessness for the City of San Diego.
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
Housing Commission: Lisa Jones, (619) 578-7696
COUNCIL ACTION: Start Time: 2:35 PM
Item 722: Agreement with Ubicquia, Inc. for Smart Streetlight and Automated License Plate Recognition Technology.
Total Estimated Cost of Proposed Action and Funding Source:
Estimated cost is $3,612,500 for Fiscal Year 2024 and not-to-exceed $11,662,500, over the (5) five-year term of the agreement from the Police Department's General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Minutes of the Council of City of San Diego Page 26
for the Special Meeting of Tuesday, November 14, 2023
Subitem-A: (R-2024-190) ADOPTED AS RESOLUTION R-315226
Resolution determining that the Agreement with Ubicquia, Inc. for installation and operation of Smart Streetlight and Automated License Plate Recognition Technologies is categorically exempt from the California Environmental Quality Act pursuant to Sections 15301 and 15302(c) of the CEQA Guidelines.
Subitem-B: (R-2024-189) ADOPTED WITH DIRECTION AS RESOLUTION R-315227 Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Ubicquia, Inc. in an amount not-to-exceed $11,662,500 over the five-year term of the Agreement, for the installation and operation of Smart Streetlight and Automated License Plate Recognition Technologies.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on October 6, 2023.
ACTION: Motion by Chair von Wilpert, second by Committee Member Campillo, to forward staff's proposed actions to full Council without recommendation.
VOTE: 3-0; von Wilpert-yea, Campbell-yea, Campillo-yea, Montgomery Steppe-not present.
Police: Acting Captain Charles Lara, (619) 531-2949
City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 4:49 PM
MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION WITH DIRECTION TO STAFF TO CHANGE THE AGREEMENT WITH UBICQUIA, INC. BY ADDING THE FOLLOWING LANGUAGE TO EXHIBIT A-SCOPE OF WORK; SECTION C: CONTRACTORS OBLIGATIONS; NUMBER 2-
DELIVERY, INSTALLATION, SUBSCRIPTION, AND REMOVAL UNDER THE FIFTH PARAGRAPH TO READ “ONCE IN OPERATION, ANY REMOVAL OR BYPASSING OF ESTABLISHED DIGITAL MASKING MUST BE APPROVED BY A CITY REPRESENTATIVE;” AND ADDING THE FOLLOWING LANGUAGE TO THE SIXTH PARAGRAPH “ANY CITY REQUESTS FOR DEVICE REMOVAL MUST BE COMPLETED WITHIN 30 CALENDAR DAYS.” ALSO, DIRECT STAFF TO REQUIRE THAT THE USE
POLICIES RETURN TO CITY COUNCIL FOR REVIEW ALONG WITH AN INITIAL REPORT ON THE SMART STREETLIGHT CAMERA AND ALPR TECHNOLOGIES, BY JUNE 2024. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee; Nay: Monica Montgomery Steppe, Vivian Moreno, Sean Elo-Rivera; Recused: (None);
Not Present: Raul A. Campillo.
Minutes of the Council of City of San Diego Page 27
for the Special Meeting of Tuesday, November 14, 2023
Item 723: Barrio Logan Community Plan and Local Coastal Program – California Coastal Commission Modifications.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures being authorized with this action.
Council District(s) Affected: 8.
Proposed Actions:
The proposed project is to adopt an amendment to the Barrio Logan Community Plan Update and Local Coastal Program that includes the California Coastal Commission's requested modifications (Project).
(R-2024-159) ADOPTED AS RESOLUTION R-315228
Resolution approving an Amendment to the General Plan and the Barrio Logan Community Plan and the Local Coastal Program for the Project, approving the California Coastal Commission's suggested modifications.
Committee Actions Taken: N/A
Planning: Victoria Ortiz, (619) 533-6091
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 4:33 PM
Public testimony by John Stump, Julie Corrales, and Audra.
MOTION BY VIVIAN MORENO 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 724: Torrey Pines U-STOR-IT Project Appeal - Project No. 697502.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of City of San Diego Page 28
for the Special Meeting of Tuesday, November 14, 2023
All costs associated with the processing of this project are paid from a deposit account funded by the applicant.
Council District(s) Affected: 1.
Proposed Actions:
Appeal of the Development Services Department’s decision to approve the Torrey Pines U-STORIT project granting a Coastal Development Permit, Neighborhood Development Permit, and Public Service Easement (Drainage) Vacation to demolish a vacant two-story, 17,040-square-foot building and construct a new three-story, 166,313-square-foot self-storage building which includes two basement levels, self-storage spaces, parking garage (level two), a management office (level two), and associated site improvements. The 1.46-acre site is located at 11391 Sorrento Valley Road in the IL-3-1 (Industrial-Light) Zone within the Torrey Pines Community Plan area.
(NOTE: To reflect Council’s motion, this item now contains Subitems A and B.) According to San Diego Municipal Code Section 112.0508(f), Power to Act on Appeal, the City Council may:
Subitem-A: (R-2024-221) DENIED THE APPEAL AND GRANTED THE PERMITS; ADOPTED AS RESOLUTION R-315229
(1) Affirm the Development Services Department’s decision to grant the permits; (2) Affirm the Development Services Department’s decision to grant the permits with modifications; or
(3) Reverse the Development Services Department’s decision to grant the permits.
This subitem is not subject to the Mayor's veto.
Subitem-B: (R-2024-222) DENIED THE APPEAL AND GRANTED THE EASEMENT VACATION; ADOPTED AS RESOLUTION R-315231
(1) Affirm the Development Services Department’s decision to grant the Easement Vacation; (2) Affirm the Development Services Department’s decision to grant the Easement Vacation with modifications; or
(3) Reverse the Development Services Department’s decision to grant the Easement Vacation.
This subitem is not subject to the Mayor's veto.
Directing the City Attorney to prepare the appropriate Resolutions according to Section 40 of the City Charter.
Minutes of the Council of City of San Diego Page 29
for the Special Meeting of Tuesday, November 14, 2023
Committee Actions Taken: N/A
Development Services: Ollie Shepherd, (619) 446-5412
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 3:47 PM
Public testimony by Adam Gevanthor, Peter, Nora, Heather Riley, Lucas Parsons, John Stump, Melanie Cohn, and Audra.
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A DENYING THE APPEAL AND AFFIRMING DEVELOPMENT SERVICES DEPARTMENT’S DECISION TO GRANT THE PERMITS; AND ADOPT THE RESOLUTION IN SUBITEM B DENYING THE APPEAL AND AFFIRMING DEVELOPMENT SERVICES DEPARTMENT’S DECISION TO GRANT THE EASEMENT VACATION. Second by Kent Lee.
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 725: Approval of the Final Map “Lisbon Vista Heights.” Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Lisbon Vista Heights" (T.M. No. 2225121, PTS No. 694284) located at 7106-7115 Lisbon Street, in the RS-1-7 zone, within the SkylineParadise Hills Community Plan Area, Council District 4, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings: (1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct. Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions Minutes of the Council of City of San Diego Page 30
for the Special Meeting of Tuesday, November 14, 2023
about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Greg Jeffries (619) 446-5132.
Item 726: 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 City of San Diego Page 31
for the Special Meeting of Tuesday, November 14, 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 727: 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 728: 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
For additional information regarding this matter, please contact the Office of the City Clerk at (619) 533-4000.
Minutes of the Council of City of San Diego Page 32
for the Special Meeting of Tuesday, November 14, 2023
NOTE: The following Proclamation was NOT presented in Council Chambers.
Item 729: National Recycling Month.
COUNCILMEMBER LACAVA AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming November 2023, to be “National Recycling Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. 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.
Item 730: Calling a Municipal Special Election to fill the vacancy in District 4 to be Held on Tuesday, March 5, 2024, and Consolidating Elections with the California State Presidential Primary Election.
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 $4,212,979.00 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: 4.
Proposed Actions:
Subitem-A: (O-2024-43) INTRODUCED AND ADOPTED AS ORDINANCE O-21749 (New Series) Introduction and adoption of an ordinance calling a Municipal Special Election in the City of San Diego on Tuesday, March 5, 2024, for the office of Councilmember for District 4 due to vacancy.
Subitem-A is not subject to the Mayor’s veto.
Minutes of the Council of City of San Diego Page 33
for the Special Meeting of Tuesday, November 14, 2023
Subitem-B: (R-2024-195) ADOPTED AS RESOLUTION R-315230
Resolution requesting the consolidation of a Municipal Special Election to be held in the City of San Diego on Tuesday, March 5, 2024, with the California State Presidential Primary Election to be held on the same date, for the Office of Councilmember for District 4 due to vacancy.
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
City Clerk: Diana J. S. Fuentes, (619) 533-4080
City Attorney Contact: Kathy J. Steinman
COUNCIL ACTION: Start Time: 6:47 PM
MOTION BY SEAN ELO-RIVERA TO INTRODUCE, DISPENSE WITH THE READING, AND ADOPT THE ORDINANCE IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: Monica Montgomery Steppe;
Not Present: Raul A. Campillo.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 7:09 p.m.
COUNCIL ACTION: Start Time: 7:09 PM