THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, SEPTEMBER 16, 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 LAND ACKNOWLEDGEMENT .................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 CLOSED SESSION................................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................4
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................7 Item 200: Approval of a Request for a Conflict-of-Interest Waiver from Hawkins Delafield & Wood LLP............................................................................................................................7 Item S400: Biennial Report on Amendments to the City's Conflict of Interest Codes in Compliance with State Law...................................................................................................8 Item S401: Resolution to Affirm Safety as the City’s Highest Transportation-related Policy Priority and Direct the Independent Budget Analyst to Analyze Current Policies and Provide the City Council Policy Recommendations Regarding Street Safety ................................................8 REPORT OUT FROM CLOSED SESSION..................................................................................9 ADJOURNMENT .................................................................................................................11 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, September 16, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:04 a.m. Councilmember Lee arrived to the meeting at 10:06 a.m. The meeting was recessed by Council President EloRivera at 10:16 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:05 p.m. with Councilmember Campbell and Councilmember Moreno not present. Councilmember Moreno arrived to the meeting at 2:07 p.m. The meeting was adjourned by Council President Elo-Rivera at 3:37 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Pro Tem Joe LaCava
CD-3 Councilmember Stephen Whitburn
CD-4 Councilmember Henry L. Foster III
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:
CD-2 Councilmember Jennifer Campbell
DEPUTY CITY CLERK/CITY CLERK:
Berry/Fuentes (km)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-not present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-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, September 16, 2024
INVOCATION
The invocation was given by Deputy City Clerk Jennifer Berry.
LAND ACKNOWLEDGEMENT
Statement read by Councilmember Moreno.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Moreno.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Rema Alameddin v. City of San Diego
San Diego Superior Court Case No. 37-2020-00020795-CU-PO-CTL Risk Management Department Claim File No. 22956
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 16, 2024 DCA Assigned: D. Florence
This case arises out of an automobile versus pedestrian accident where a driver struck Plaintiff in a crosswalk at an uncontrolled intersection. Plaintiff contends the City is liable under a theory of dangerous condition of public 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: 10:06 AM
Public testimony by Joy Sunyata, Lori Saldaña, and TheOriginalDra.
Council President Elo-Rivera closed the hearing.
CS-2 CR Airway Gardens LLC v. City of San Diego consolidated with CR EPOCA Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, September 16, 2024
Communities M, LLC v. City of San Diego
San Diego Superior Court Case No. 37-2021-00052440-CU-MC-CTL Risk Management Department Claim File No. 33335
San Diego Superior Court Case No. 37-2023-00018832-CU-MC-CTL Risk Management Department Claim File No. 28611
REFERRED TO CLOSED SESSION OF MONDAY, SEPTEMBER 16, 2024 SDCA Assigned: J. E. Taylor
These cases involve fee protests relating to sewer surcharge fees imposed in the Otay Mesa area and were filed under the Mitigation Fee Act and Reimbursement Act. 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: 10:06 AM
Public testimony by TheOriginalDra.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Joy Sunyata commented on various topics.
COUNCIL ACTION: Start Time: 3:12 PM
PUBLIC COMMENT-2 (virtual):
Terri-Ann Skelley commented on Assembly Bill 1775; tobacco and marijuana use.
COUNCIL ACTION: Start Time: 3:14 PM
PUBLIC COMMENT-3 (virtual):
Lori Saldaña commented on sexual assault victim and testing kits with San Diego Police Department.
COUNCIL ACTION: Start Time: 3:16 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, September 16, 2024
PUBLIC COMMENT-4 (virtual):
Becky Rapp commented on secondhand smoke and smoke-free housing.
COUNCIL ACTION: Start Time: 3:18 PM
PUBLIC COMMENT-5 (virtual):
Peggy Walker commented on regulations to halt the marketing and sale of hemp to kids.
COUNCIL ACTION: Start Time: 3:20 PM
PUBLIC COMMENT-6 (virtual):
Blair Beekman commented on peace and accountability.
COUNCIL ACTION: Start Time: 3:23 PM
PUBLIC COMMENT-7 (virtual):
Kathleen Lippitt commented on smoke-free homes and effects of secondhand smoking.
COUNCIL ACTION: Start Time: 3:24 PM
PUBLIC COMMENT-8 (virtual):
Megan Stuart commented on hemp regulations.
COUNCIL ACTION: Start Time: 3:26 PM
PUBLIC COMMENT-9 (virtual):
Kelly McCormick commented on smoking and vaping in young adults; flavored tobacco ban.
COUNCIL ACTION: Start Time: 3:28 PM
PUBLIC COMMENT-10 (virtual):
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, September 16, 2024
TheOriginalDra commented on Immigration and Customs Enforcement (ICE) and cargo terminal at airport.
COUNCIL ACTION: Start Time: 3:30 PM
PUBLIC COMMENT-11 (virtual):
Barbara Gordon commented on mental health and marijuana.
COUNCIL ACTION: Start Time: 3:33 PM
PUBLIC COMMENT-12 (virtual):
Katheryn Rhodes commented on Housing Authority items and homeless.
COUNCIL ACTION: Start Time: 3:35 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: Approval of a Request for a Conflict-of-Interest Waiver from Hawkins Delafield & Wood LLP.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost to this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-51) ADOPTED AS RESOLUTION R-315763
Resolution authorizing the waiver of conflict of interest requested by Hawkins Delafield & Wood LLP and consenting to its representation of the California State Water Resources Control Board on State Revolving Fund Loans.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, September 16, 2024
Committee Actions Taken: N/A
Office of the City Attorney: Bret A. Bartolotta, (619) 533-5894 COUNCIL ACTION: Start Time: 2:54 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
Item S400: Biennial Report on Amendments to the City's Conflict of Interest Codes in Compliance with State Law.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This is an informational item only.
Committee Actions Taken: N/A
Office of the City Clerk: Diana J.S. Fuentes, (619) 533-4080 COUNCIL ACTION: Start Time: 3:05 PM
Item S401: Resolution to Affirm Safety as the City’s Highest Transportation-related Policy Priority and Direct the Independent Budget Analyst to Analyze Current Policies and Provide the City Council Policy Recommendations Regarding Street Safety.
Total Estimated Cost of Proposed Action and Funding Source: N/A Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, September 16, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-106) ADOPTED WITH DIRECTION AS RESOLUTION R-315764 Resolution to affirm safety as the City's highest transportation-related policy priority and to direct the Independent Budget Analyst to analyze current policies and provide recommendations regarding street safety, and related actions.
Committee Actions Taken: N/A
Council District 9: Jefferey Nguyen, (619) 236-6699
City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 2:06 PM
MOTION BY STEPHEN WHITBURN TO ADOPT THE RESOLUTION WITH DIRECTION TO STAFF TO EXAMINE COUNCIL POLICY 200-08, “CRITERIA FOR THE INSTALLATION OF STOP SIGNS”,
REQUESTING THE INDEPENDENT BUDGET ANALYST STRENGTHEN THE PEDESTRIAN VOLUME
WARRANT, ENHANCING THE ILLUMINATION WARRANT, AND INTRODUCING A PROACTIVE APPROACH TO LATENT DEMAND; AND COUNCIL POLICY 200-07, “MARKED CROSSWALK CRITERIA AT UNCONTROLLED LOCATIONS” REQUESTING THE INDEPENDENT BUDGET
ANALYST EXAMINE RAISING THE WEIGHT OF PEDESTRIAN VOLUMES ACCOUNTING FOR VULNERABLE PEDESTRIAN GROUPS SUCH AS CHILDREN AND ELDERLY. LOWERING THE
CRITERIA FOR HIGH VOLUME PEDESTRIAN CROSSINGS AND INCORPORATING NEW TECHNOLOGIES FOR SAFETY ASSESSMENTS. Second by Sean Elo-Rivera.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, September 16, 2024
The meeting was adjourned by Council President Elo-Rivera at 3:37 p.m.
COUNCIL ACTION: Start Time: 3:37 PM