THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, OCTOBER 14, 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 ............................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT....................................................................................................................................6 Item 200: Amendments to the San Diego Municipal Code Concerning the Regulation of Pedicabs........................................................................................................................................7 Item 201: California Coastal Commission Modifications to the 2022 Land Development Code Update of the San Diego Municipal Code and Local Coastal Program.........................................8 Item S400: Agreement Between the City of San Diego and NAMI San Diego for Supportive Services and Temporary Housing Financial Assistance Program ................................................9 REPORT OUT FROM CLOSED SESSION ................................................................................10 ADJOURNMENT.........................................................................................................................11 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, October 14, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:03 a.m. Councilmember Foster arrived to the meeting at 10:08 a.m. The meeting was recessed by Council President Elo-Rivera at 10:14 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:03 p.m. with Councilmember Campbell not present. Council President Elo-Rivera left the meeting at 3:31 p.m. Councilmember von Wilpert left the meeting at 3:37 p.m. The meeting was adjourned by Council President Pro Tem LaCava at 3:46 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 (cp)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-not present
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
INVOCATION
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, October 14, 2024
The invocation was given by Deputy City Clerk Jennifer Berry.
LAND ACKNOWLEDGEMENT
Statement read by Councilmember Whitburn.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Coziahr v. Otay Water District
San Diego Superior Court Case No. SDSC 37-2015-000400000-CU-MC-CTL Court of Appeal, Fourth Appellate District, Division 1, Case Nos. D081606 & D081099 California Supreme Court Case No. S286596
Risk Management Department Claim File No. 12386
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 14, 2024
DCA Assigned: C. Hawkins
Outside Counsel: M. A. Wharton, Sr. Counsel, Colantuono, Highsmith & Whatley, PC Plaintiffs obtained a judgment against Otay Water District finding that Otay Water District’s tiered water rates violate Proposition 218. Judgement was affirmed by the Court of Appeal. The Otay Water District has petitioned for review by the California Supreme Court. The City Attorney’s Office will update the Mayor and City Council regarding possible Amicus participation.
COUNCIL ACTION: Start Time: 10:06 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
CS-2 Daniel Patz, et al. v. City of San Diego
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, October 14, 2024
San Diego Superior Court Case No. SDSC 37-2015-00023413-CU-MC-CTL Court of Appeal, Fourth Appellate District, Division 2, Case No. E083543 Risk Management Department Claim File No. 12386
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 14, 2024
DCA Assigned: C. Hawkins
Outside Counsel: M. A. Wharton, Sr. Counsel, Colantuono, Highsmith & Whatley, PC This class action case alleges the City violated Proposition 218 by charging tiered water rates to single family residential water customers and seeks refunds. The City Attorney’s Office will update the Mayor and City Council regarding the status of the litigation considering the appellate decision in Coziahr v. Otay Water District and seek direction.
COUNCIL ACTION: Start Time: 10:06 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation, pursuant to California Government Code Section 54956.9(d)(4):
CS-3 Number of Cases: One
REFERRED TO CLOSED SESSION OF MONDAY, OCTOBER 14, 2024
SCDCA Assigned: M. Ankcorn
Outside Counsel: D. Casey, Casey Gerry Schenk Francavilla Blatt & Penfield LLP The City Attorney will discuss the potential to initiate litigation and seek direction.
COUNCIL ACTION: Start Time: 10:06 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Joy Sunyata commented on Indigenous Peoples’ Day.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, October 14, 2024
COUNCIL ACTION: Start Time: 3:29 PM
PUBLIC COMMENT-2 (virtual):
Barbara Gordon commented on National Youth Substance Use Prevention Month.
COUNCIL ACTION: Start Time: 3:31 PM
PUBLIC COMMENT-3 (virtual):
Lori Saldaña commented on supporting free speech rights.
COUNCIL ACTION: Start Time: 3:33 PM
PUBLIC COMMENT-4 (virtual):
Terri-Ann Skelley commented on more enforcement against marijuana storefronts.
COUNCIL ACTION: Start Time: 3:35 PM
PUBLIC COMMENT-5 (virtual):
Madison Rapp commented on effects of cannabis use.
COUNCIL ACTION: Start Time: 3:37 PM
PUBLIC COMMENT-6 (virtual):
Megan Stuart commented on effects of THC; and commercialization of marijuana.
COUNCIL ACTION: Start Time: 3:39 PM
PUBLIC COMMENT-7 (virtual):
Becky Rapp commented on National Youth Substance Use Prevention Month.
COUNCIL ACTION: Start Time: 3:41 PM
PUBLIC COMMENT-8 (virtual):
Judi Strang commented on National Drug-Free Work Week.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, October 14, 2024
COUNCIL ACTION: Start Time: 3:43 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
COUNCIL COMMENT-1:
Councilmember von Wilpert thanked her colleagues and City staff for funding the wildfire helicopter. She mentioned last week a fire broke out in Scripps where an RV exploded.
Councilmember von Wilpert stated the fact the fire went out so quickly was because we had the wildfire helicopters from both San Diego and the Sheriff’s department. She shared there was no property damage and no injuries. Councilmember von Wilpert also thanked the Fire department for working so hard.
COUNCIL ACTION: Start Time: 2:04 PM
CITY CLERK COMMENT:
City Clerk Fuentes mentioned at the Office of the City Clerk, we are actively and consistently working to enhance the way we deliver our services to better meet our customers’ needs. She stated her office prides itself in providing accurate information and maximizing access to our City government and organization. City Clerk Fuentes announced that her office recently launched a Customer Satisfaction Survey. She encouraged everyone who’s interacted with her office to complete the short survey by going to www.sandiego.gov/city-clerk.
COUNCIL ACTION: Start Time: 2:05 PM
Item 200: Amendments to the San Diego Municipal Code Concerning the Regulation of Pedicabs.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures being authorized with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2025-40) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 29, 2024 Introduction of an Ordinance amending Chapter 3, Article 3, Division 46 of the San Diego Municipal Code by amending Sections 33.4602, 33.4604, 33.4605, 33.4608, 33.4609, 33.4610,
33.4612, 33.4613, 33.4618, 33.4619, 33.4620, 33.4621, 33.4622, 33.4623, and 33.4624; and amending Chapter 8, Article 3, Division 1 of the San Diego Municipal Code by amending sections 83.0101, 83.0102, 83.0104, 83.0105, 83.0106, and 83.0107, all related to pedicabs.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, October 14, 2024
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on July 17, 2024.
ACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.
Council District 3: Terrence Sullivan, (619) 236-3366
City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 2:08 PM
MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.
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 201: California Coastal Commission Modifications to the 2022 Land Development Code Update of the San Diego Municipal Code and Local Coastal Program.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures being authorized with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2025-38 Cor. Copy) RETURNED TO STAFF
Introduction of an Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending Section 126.0709; amending Chapter 13, Article 1, Division 2 by amending Section 131.0222; amending Chapter 13, Article 1, Division 3 by amending Section 131.0322; amending Chapter 13, Article 1, Division 5 by amending Section 131.0522; amending Chapter 14, Article 1, Division 4 by amending Section 142.0422; amending Chapter 14, Article 3, Division 13 by amending Section 143.1310; and amending Chapter 15, Article 6, Division 3 by amending Section 156.0307 and Figure F, relating to the 2022 San Diego Land Development Code/Municipal Code Update California Coastal Commission Modifications.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, October 14, 2024
Committee Actions Taken: N/A
Planning: Victoria Ortiz, (619) 236-6091
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 2:04 PM
Item S400: Agreement Between the City of San Diego and NAMI San Diego for Supportive Services and Temporary Housing Financial Assistance Program.
Total Estimated Cost of Proposed Action and Funding Source:
The total not-to-exceed amount of this agreement is $4,473,000, and funding is available in Business Area 1716, Homelessness Strategies & Solutions Department, Fund 600001, Grant Fund-State; of which, $2,494,000 is from Grant 1000873-2024, ERF-2-R Riverbed Encampment Grant, and $1,979,000 is from Grant 1000718-2023, Encampment Resolution Funding Program Round 3 (ERF-3-L). There is no match requirement or cost to the City associated with these funds.
Council District(s) Affected: 2, 7, 9.
Proposed Actions:
(R-2025-135) ADOPTED AS RESOLUTION R-315828
Resolution approving the Mayor, or his designee, to sign and deliver an agreement with NAMI San Diego, in an amount not-to-exceed $4,473,000, to provide supportive services and subsidy management services for the San Diego Riverbed and Interstate 15 corridor encampments, to be known as the Supportive Services and Temporary Housing Financial Assistance Program, and related funding actions.
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 2:50 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
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.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, October 14, 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: 3:45 PM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, October 14, 2024
ADJOURNMENT
The meeting was adjourned by Council President Pro Tem LaCava at 3:46 p.m.
COUNCIL ACTION: Start Time: 3:46 PM