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San Diego City Council
February 5, 2024

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Minutes
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February 5, 2024
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San Diego City Council
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THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 05, 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.........................................................................................................................3 INVOCATION .....................................................................................................................3 PLEDGE OF ALLEGIANCE ....................................................................................................3 NON-AGENDA PUBLIC COMMENT ........................................................................................3 MAYOR, COUNCIL, CITY ATTORNEY, IBA, CITY CLERK COMMENT.........................................6 Item 200: This Item has been removed from Agenda...........................................................7 Item 201: Reappointments to the Commission on Police Practices.........................................7 Item 202: Consideration of Nominees for Appt to the Commission on Police Practices ............8 Item 203: Scripps Mercy Hospital - Project No. 658548 ........................................................9 Item 250: Submission of Ballot Proposals for the November 5, 2024, Ballot .........................11 Item S400: Update on the City’s Response to the Winter Storm Event on 01/22/2024 ..........12 Item S401: Requesting Expeditious Submission and Approval for a Major Federal Disaster Declaration in Response to the Winter Storm Event.............................................................13 REPORT OUT FROM CLOSED SESSION...............................................................................14 ADJOURNMENT ................................................................................................................14 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, February 5, 2024

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:00 p.m. Councilmember Lee arrived to the meeting at 2:03 p.m. Council President Elo-Rivera recessed the meeting at 2:46 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 2:51 p.m. with all Councilmembers present and Council District 4 vacant. Council President EloRivera recessed the meeting at 2:53 p.m. for the purpose of a break. Council President EloRivera reconvened the meeting at 2:59 p.m. with all Councilmembers present and Council District 4 vacant. Council President Elo-Rivera recessed the meeting at 3:02 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 3:08 p.m. with all Councilmembers present and Council District 4 vacant. Councilmember Moreno left the meeting at 5:38 p.m. Councilmember Campbell left the meeting at 6:02 p.m. Councilmember Lee left the meeting at 6:10 p.m. The meeting was adjourned by Council President Elo-Rivera at 6:11 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 - (Pursuant to California Government Code section 54953(f), participated remotely for just cause due to contagious illness with no individual 18 years of age or older present in the room.)
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-present
(3) Councilmember Whitburn-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 5, 2024
(4) Council District vacant
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-not present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Moreno.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

U.S. Citizen concerned with the integrity of the U.S. Constitution commented on application of the 14th Amendment on the First Amendment.

COUNCIL ACTION: Start Time: 5:36 PM
PUBLIC COMMENT-2 (virtual):

Becky Rapp commented on potential school shooting in Rancho Bernardo High and marijuana.

COUNCIL ACTION: Start Time: 5:38 PM
PUBLIC COMMENT-3 (virtual):

Barbara Gordon commented on heart health month and marijuana.

COUNCIL ACTION: Start Time: 5:40 PM
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, February 5, 2024
PUBLIC COMMENT-4 (virtual):

Megan Stuart commented on marijuana.

COUNCIL ACTION: Start Time: 5:42 PM
PUBLIC COMMENT-5 (virtual):

Francine Maxwell commented on trainings on civics 101, Council Policy 700-11, and first responders.

COUNCIL ACTION: Start Time: 5:44 PM
PUBLIC COMMENT-6 (virtual):

Blair Beekman commented on Southcrest and priorities on federal funding dollars.

COUNCIL ACTION: Start Time: 5:46 PM
PUBLIC COMMENT-7 (virtual):

Lori Saldaña commented on Mayor and thanked George Biagi.

COUNCIL ACTION: Start Time: 5:48 PM
PUBLIC COMMENT-8 (virtual):

Peggy Walker commented on marijuana.

COUNCIL ACTION: Start Time: 5:50 PM
PUBLIC COMMENT-9 (virtual):

Joy Sunyata commented on customer service and updates.

COUNCIL ACTION: Start Time: 5:52 PM
PUBLIC COMMENT-10 (virtual):

Lawrence Le Blanc commented on Hamas.

Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 5, 2024
COUNCIL ACTION: Start Time: 5:55 PM
PUBLIC COMMENT-11 (virtual):

Alya commented on Israel.

COUNCIL ACTION: Start Time: 5:57 PM
PUBLIC COMMENT-12 (virtual):

Truth commented on SANDAG meeting.

COUNCIL ACTION: Start Time: 5:58 PM
PUBLIC COMMENT-13 (virtual):

Kelly McCormick commented on smokeless tobacco.

COUNCIL ACTION: Start Time: 6:00 PM
PUBLIC COMMENT-14 (virtual):

Dan Pr commented on Israel.

COUNCIL ACTION: Start Time: 6:02 PM
PUBLIC COMMENT-15 (virtual):

Lauren Harriman commented on cancer prevention month.

COUNCIL ACTION: Start Time: 6:04 PM
PUBLIC COMMENT-16 (virtual):

Audra commented on community and policies.

COUNCIL ACTION: Start Time: 6:05 PM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 5, 2024
PUBLIC COMMENT-17 (virtual):

Barrett Holman Leak commented on speaker’s corner for protests.

COUNCIL ACTION: Start Time: 6:07 PM
PUBLIC COMMENT-18 (virtual):

Lena Geller commented on Jewish events.

COUNCIL ACTION: Start Time: 6:09 PM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

COMMENT
None.

Item 200: This item was removed from the Agenda.

Item 201: Reappointments and Term Extensions to the Commission on Police Practices.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-10) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 27, 2024 Introduction of an Ordinance exempting the appointment process and term lengths in San Diego Municipal Code sections 26.1104 and 26.1105 to reappoint Clovis Honoree, Maria Guadalupe Lozano-Diaz, Yvania Rubio, Darlanne Mulmat, Alec Beyer, Octavio Aguilar, Dr. Dennis Brown, and James Justus to the Commission on Police Practices for terms expiring on June 30, 2024, and extending by one year the terms of the Commission on Police Practice members Cheryl Canson, Christina Griffin-Jones, Gloria Tran, Laila Aziz, Brandon Hilpert, Dwayne Harvey, Bonnie Benitez, Dennis Larkin, Dalia Sherlyn Villa De La Cruz, and Jaylene Vazquez such that their terms expire on June 30, 2025.

This item is not subject to the Mayor's veto.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 5, 2024
Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Stephen Whitburn.

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 202: Consideration of Nominees for Appointment to the Commission on Police Practices.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2024-309 Cor. Copy) ADOPTED AS RESOLUTION R-315329 Resolution making City Council appointments of the District 6 member for a term ending June 30, 2024, and the District 9 member for a term ending June 30, 2025, to the Commission on Police Practices.

Subitem-A is not subject to the Mayor's veto.

Subitem-B: (R-2024-308 Cor. Copy) ADOPTED AS RESOLUTION R-315330 Resolution making City Council appointments of two at-large members to the Commission on Police Practices for terms ending June 30, 2024, or June 30, 2025.

Subitem-B is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 5, 2024
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:12 PM
City Clerk Fuentes announced the results of Subitem A’s Round 1 of the balloting as follows:

A total of 1 vote for Carl Preston Weaver, Jr and a total of 7 votes for Stephen E. Chatzky for the District 6 member with a term ending June 30, 2024; and a total of 6 votes for Armando Flores and a total of 2 votes for Jeffrey Citriniti for the District 9 member with a term ending June 30, 2025.

City Clerk Fuentes announced that Stephen E. Chatzky has been appointed as District 6 member for a term ending June 30, 2024; and Armando Flores has been appointed as a District 9 member for a term ending June 30, 2025.

City Clerk Fuentes announced the results of Subitem B’s Round 1 of the balloting as follows:

A total of 1 vote for Ada Liz Rodriguez, a total of 1 vote for David Burton, a total of 2 votes for Imani T. Robinson, and a total of 3 votes for John T. Armantrout for the at-large member with a term ending June 30, 2024; a total of 4 votes for Ada Liz Rodriguez, a total of 2 votes for David Burton, and a total of 2 votes for John T. Armantrout for the at-large member with a term ending June 30, 2025.

City Clerk Fuentes announced that no appointees were selected for Round 1.

City Clerk Fuentes announced the results of Subitem B’s Round 2 of the balloting as follows:

A total of 1 vote for David Burton, a total of 3 votes for Imani T. Robinson, and a total of 6 votes for John T. Armantrout for the at-large member with a term ending June 30, 2024; a total of 5 votes for Ada Liz Rodriguez, a total of 2 votes for David Burton, and a total of 1 vote for John T.

Armantrout for the at-large member with a term ending June 30, 2025.

City Clerk Fuentes announced that John T. Armantrout has been appointed as at-large member for a term ending June 30, 2024; and Ada Liz Rodriguez has been appointed as at-large member for a term ending June 30, 2025.

Item 203: Scripps Mercy Hospital - Project No. 658548.

Total Estimated Cost of Proposed Action and Funding Source:

None with this action. All costs associated with the cost of this project are paid from a deposit account maintained by the applicant.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, February 5, 2024
Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2024-303) ADOPTED AS RESOLUTION R-315331
Resolution certifying Environmental impact report no. 658548/sch no. 2021040374 and adopting the Mitigation, Monitoring, and Reporting Program, related to the Scripps Mercy San Diego Hospital Campus Project located at 4077 Fifth Avenue.

Subitem-A is not subject to the Mayor's veto.

Subitem-B: (R-2024-301) ADOPTED AS RESOLUTION R-315332
Resolution approving of Planned Development Permit no. 2410288, Conditional Use Permit no. 2410279 amending Conditional Use Permit no. 304755, Site Development Permit no. 2410289 to amend Site Development Permit 531932, and Neighborhood Use Permit no. 2609691, to demolish existing structures; construct new medical office and hospital space, with parking, all a part of the Scripps Mercy San Diego Hospital Campus Project, located at 4077 Fifth Avenue.

Subitem-B is not subject to the Mayor's veto.

Subitem-C: (R-2024-302) ADOPTED AS RESOLUTION R-315333
Resolution approving Tentative Map no. 2421177 and Easement Vacation no. 2410324 to consolidate and subdivide the existing lots into five new lots, and to vacate certain public easements which will no longer be needed to serve a public use, all a part of the Scripps Mercy San Diego Hospital Campus Project, located at 4077 Fifth Avenue.

Subitem-C is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Martha Blake, (619) 446-5375
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 5:03 PM
Public testimony by Tom Gammiere, Robin Madaffer, Tim Jacoby, Ben Nicholls, James Grisolia, Audra, Jordan Latchford, Dan Smiechowski, and Lori Saldaña.

MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

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;
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, February 5, 2024
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.

NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.

Item 250: Submission of Ballot Proposals for the November 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 November 5, 2024, election.

DATE
DAYS
BEFORE

ELECTION
EVENT
Friday, 03/29/2024 221
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Thursday, 04/18/2024 201
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, 6/05/2024 153
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, 06/10/2024 148
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, 08/09/2024 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, February 5, 2024
Monday, 8/12/2024 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, 8/14/2024 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 S400: Informational Update on the City’s Response and Recovery Efforts to the Winter Storm Event Occurring on January 22, 2024.

Total Estimated Cost of Proposed Action and Funding Source:

This item is information only.

Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Office of the Mayor: Matt Yagyagan, (619) 236-6330
COUNCIL ACTION: Start Time: 3:11 PM
Item S401: Resolution Requesting Expeditious Submission and Approval for a Major Federal Disaster Declaration in Response to the Winter Storm Event Occurring on January 22, 2024.

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-2024-343) ADOPTED AS RESOLUTION R-315334
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, February 5, 2024
Resolution requesting the Governor of California to request and the President of the United States to declare a major disaster for the January 22, 2024, storm.

Committee Actions Taken: N/A
Government Affairs: Adrian Granda, (619) 533-5965
City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 4:37 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Sean Elo-Rivera.

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.

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:11 p.m.

COUNCIL ACTION: Start Time: 6:11 PM

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