THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JANUARY 29, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING ..........................................................................................................2 ATTENDANCE DURING THE MEETING..................................................................................................2 ROLL CALL .................................................................................................................................................2 INVOCATION.............................................................................................................................................3 PLEDGE OF ALLEGIANCE.........................................................................................................................3 CLOSED SESSION.....................................................................................................................................3 NON-AGENDA PUBLIC COMMENT..........................................................................................................5 MAYOR, COUNCIL, CITY ATTORNEY, IBA, CITY CLERK COMMENT .................................................7 Item 200: Torrey Hills Floodwater and Landscaping Easement Vacations .....................................8 Item 201: 119 Center Street Right-of-Way Vacation - Project No. PRJ-1081092..........................9 Item S400: Creation of an Ad Hoc Committee for the Recruitment of the Executive Director to the Commission on Police Practices.....................................................................................................10 Item S401: Ratification of Mayor’s Proclamation of a Local Emergency Due to January 2024 Winter Storm...........................................................................................................................................11 Items S402: Amendment to SDMC 73.0202 – State Video Franchise Fees ..................................12 REPORT OUT FROM CLOSED SESSION...............................................................................................13 ADJOURNMENT.......................................................................................................................................14 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, January 29, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. Councilmember Campbell arrived at the meeting at 10:03 a.m. The meeting was recessed by Council President Elo-Rivera at 10:21 a.m. into the Special Closed Session. The Special Closed Session meeting was recessed by Council President Elo-Rivera at 10:17 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:04 p.m. with Council District 4 vacant. Councilmember Lee left the meeting at 4:52 p.m. Councilmember Moreno left the meeting at 5:02 p.m. The meeting was adjourned by Council President Elo-Rivera at 5:32 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Pro Tem Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 vacant
CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
None.
CITY CLERK:
Fuentes (km)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Council District vacant
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-not present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, January 29, 2024
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campillo.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code section 54956.9(d)(1):
CS-1 Mehran Moussavian v. State Farm General Ins. Co., et al.
San Diego Superior Court Case No. 37-2020-00003343-CU-IC-CTL (consolidated with Case No. 37-2020-00011832-CU-NP-CTL)
Risk Management Department Claim File No.: 21574
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 29, 2024
DCA Assigned: J.K. Goodman
Outside Counsel: D. W. Skinner and M. B. Nazareth, Meyers Nave This case arises out of an incident on January 8, 2019, where overflowing water from the La Jolla Country Club reservoir allegedly damaged Plaintiff’s property. 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: 10:04 AM
Public testimony by Lori Saldaña, Audra, and Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-2 Maria Natalie Brasil v. City of San Diego
San Diego Superior Court Case No. 37-2020-00012129-CU-PO-CTL Risk Management Department Claim File No.: 22859
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, January 29, 2024
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 29, 2024
DCA Assigned: G. D. Leasure
This case arises out of an alleged trip and fall incident that occurred on January 10, 2019, at the northeast corner of the intersection of Plum Avenue and Lowell Street in the Point Loma neighborhood of the City of San Diego. The City Attorney’s Office will update the Mayor and the City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Lori Saldaña, Audra, and Blair Beekman.
Council President Elo-Rivera closed the hearing.
SPECIAL CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
SCS-1 U.S. Food and Drug Administration, et al. v. Alliance for Hippocratic Medicine, et al.
United States Supreme Court Case No. 23-235 & 236
Risk Management Department Claim File No. N/A
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 29, 2024
ACA Assigned: M. Travis Phelps
This case involves a challenge to the U.S. Food and Drug Administration (FDA) authorization of mifepristone, one of two drugs most commonly used for medication abortion. This past summer, the Fifth Circuit issued a ruling (currently on hold) that would threaten access across the country. In December, the United States Supreme Court agreed to review the Fifth Circuit decision, which invalidated certain authorized uses of mifepristone by the FDA. The City Attorney’s Office will present to the Mayor and City Council an opportunity to participate in this litigation as amicus curiae in support of Petitioners who are seeking to reverse the Fifth Circuit decision.
COUNCIL ACTION: Start Time: 10:18 AM
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, January 29, 2024
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Alejandro Sanchez commented on not on agenda.
COUNCIL ACTION: Start Time: 5:03 PM
PUBLIC COMMENT-2:
U.S. Citizen concerned with the integrity of the United States Constitution commented on the First Amendment applied to the Fourteenth amendment.
COUNCIL ACTION: Start Time: 5:05 PM
PUBLIC COMMENT-3 (virtual):
Francine Maxwell commented on donations to purchase Miramar fees for removal companies.
COUNCIL ACTION: Start Time: 5:08 PM
PUBLIC COMMENT-4 (virtual):
Blair Beekman commented on accountability.
COUNCIL ACTION: Start Time: 5:10 PM
PUBLIC COMMENT-5 (virtual):
Kathleen Lippitt commented on drug abuse and addiction.
COUNCIL ACTION: Start Time: 5:12 PM
PUBLIC COMMENT-6 (virtual):
Barbara Gordon commented on marijuana and secondhand smoke.
COUNCIL ACTION: Start Time: 5:14 PM
PUBLIC COMMENT-7 (virtual):
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, January 29, 2024
Becky Rapp commented on marijuana.
COUNCIL ACTION: Start Time: 5:16 PM
PUBLIC COMMENT-8 (virtual):
Joy Sunyata commented on government.
COUNCIL ACTION: Start Time: 5:18 PM
PUBLIC COMMENT-9 (virtual):
Peggy Walker commented on illegal cannabis.
COUNCIL ACTION: Start Time: 5:20 PM
PUBLIC COMMENT-10 (virtual):
Audra commented on homeless.
COUNCIL ACTION: Start Time: 5:22 PM
PUBLIC COMMENT-11 (virtual):
Unknown caller commented on neighbors and government.
COUNCIL ACTION: Start Time: 5:24 PM
PUBLIC COMMENT-12 (virtual):
Megan Stewart commented on THC oils.
COUNCIL ACTION: Start Time: 5:26 PM
PUBLIC COMMENT-13 (virtual):
Truth commented on electric vehicles and SANDAG.
COUNCIL ACTION: Start Time: 5:28 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, January 29, 2024
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
COUNCIL COMMENT-1:
Councilmember Moreno commented on the major storm that hit the city on January 23, 2024, that devastated areas in multiple communities. She thanked and recognized the many volunteers including colleagues who helped the Southcrest residents. Councilmember Moreno is organizing relief and assistance efforts in coordination with the City and County forces. She encourages everyone in the City to volunteer time to help fellow San Diegans in their time of need. For people who were impacted by flooding and storm damage there’s a local assistance center at the Spring Valley library located at 836 Kempton Street in Spring Valley and an emergency shelter at Lincoln High School located at 4777 Imperial Ave.
COUNCIL ACTION: Start Time: 2:05 PM
COUNCIL COMMENT-2:
Council President Elo-Rivera thanked Councilmember Moreno for her leadership and response. He mentioned Councilmember Moreno shows how much she loves her community and shows up for it. Council President Elo-Rivera thanked his colleagues for their support.
COUNCIL ACTION: Start Time: 2:11 PM
Item 200: Torrey Hills Floodwater and Landscaping Easement Vacations Located at 11208 El Camino Real.
Total Estimated Cost of Proposed Action and Funding Source:
None. The total cost of processing this request is taken from a deposit account established by the applicant.
Council District(s) Affected: 1.
Proposed Actions:
Subitem-A: (R-2024-278 Cor. Copy) ADOPTED AS RESOLUTION R-315322 Resolution determining that the vacation of the Torrey Hills flood water storage and landscaping easement is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15305, minor alterations in land use limitations, and that no exception to that exemption applies.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, January 29, 2024
This item is not subject to the Mayor's veto.
Subitem-B: (R-2024-279 Cor. Copy) ADOPTED AS RESOLUTION R-315323 Resolution summarily vacating the Torrey Hills flood water storage and landscaping easements (public service easement vacation no. 2600377 – project no. 0697945).
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Francisco Mendoza, (619) 446-5292 City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 4:46 PM
Public testimony by Gambler, Consuelo, Audra, and Blair Beekman.
MOTION BY JOE LACAVA TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Kent Lee;
Vacant: District 4.
Item 201: 119 Center Street Right-of-Way Vacation - Project No. PRJ-1081092.
Total Estimated Cost of Proposed Action and Funding Source:
None with this action.
Council District(s) Affected: 8.
Proposed Actions:
Subitem-A: (R-2024-295 Cor. Copy) ADOPTED AS RESOLUTION R-315324 Resolution determining that approval of the 119 Center Street Public Right-of-Way Vacation (PRJ1081092) is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15305.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, January 29, 2024
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2024-294) ADOPTED AS RESOLUTION R-315325
Resolution summarily vacating a portion of Main Street near 119 Center Street and 299 East San Ysidro Boulevard, Public Right-of-Way Vacation No. PMT-3199018 with reservation of easements – Project No. PRJ-1081092.
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Catherine Rom, (619) 446-5277
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 4:55 PM
Public testimony by Audra and Consuelo.
MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Kent Lee;
Vacant: District 4.
Item S400: Creation of an Ad Hoc Committee for the Recruitment of the Executive Director to the Commission on Police Practices.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-333) ADOPTED AS RESOLUTION R-315326
Resolution creating and establishing an Ad Hoc Committee to recruit and provide advisory recommendations to the Council related to the appointment of the Executive Director of the Commission on Police Practices and designating the labor negotiators for the appointment.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, January 29, 2024
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 9: Lydia Van Note, (619) 236-6699
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 3:43 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item S401: Ratification of Mayor’s Proclamation of a Local Emergency Due to January 2024 Winter Storm.
Total Estimated Cost of Proposed Action and Funding Source:
State financial assistance provided through the California Disaster Assistance Act (CDAA) may be available to the City due to the existing local emergency proclamation coupled with the proclaimed state of emergency by the Governor.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-334) ADOPTED AS RESOLUTION R-315327
Resolution declaring a state of local emergency due to the January 22, 2024 severe winter storm, pursuant to California Government Code section 8630, and ratifying the Mayor's Proclamation of Local Emergency on January 22, 2024.
Committee Actions Taken: N/A
Office of the Mayor: Matt Yagyagan, (619) 236-6330
City Attorney Contact: Michelle Garland
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, January 29, 2024
COUNCIL ACTION: Start Time: 2:12 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Items S402: Amendment to SDMC 73.0202 – State Video Franchise Fees.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the staff report.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-48) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 13, 2024 Introduction of an Ordinance amending Chapter 7, Article 3, Division 2 of the San Diego Municipal Code by amending section 73.0202, to authorize state-franchised cable operators to credit payment of the Street Damage Fee against annual payment of franchise fees to the City.
Committee Actions Taken: N/A
Transportation Department: Benjamin Foxhall, (619) 527-3490 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 3:58 PM
MOTION BY KENT LEE TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, January 29, 2024
REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out from Closed Session. https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports COUNCIL ACTION: Start Time: 5:30 PM
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, January 29, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:32 p.m.
COUNCIL ACTION: Start Time: 5:32 PM