THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, NOVEMBER 18, 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: This item was removed from the agenda ..............................................................7 Item 201: California Coastal Commission Modifications to the 2022 Land Development Code Update of the San Diego Municipal Code and Local Coastal Program .......................................7 Item S400: Proposed Response to the San Diego County Grand Jury Report "Maintaining San Diego's Sidewalks - But It's Not My Sidewalk!” .......................................................................9 Item S401: Task Order Approval for Program Administrator for the Home Electrification Pilot Program Funded by Energy Efficiency and Conservation Block Grant......................................10 Item S402: Renewal of the Downtown Property and Business Improvement District (PBID) ...11 REPORT OUT FROM CLOSED SESSION................................................................................12 ADJOURNMENT .................................................................................................................12 Minutes of Monday, November 18, 2024 Page 2
Table of Contents (Continued)
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, November 18, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:06 a.m. The meeting was recessed by Council President Elo-Rivera 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 2:06 p.m. with Councilmember Lee and Councilmember Campillo not present. Councilmember Lee arrived to the meeting at 2:48 p.m. Councilmember Campbell left the meeting at 4:44 p.m. The meeting was adjourned by Council President Elo-Rivera at 5:03 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 Councilmember Henry L. Foster III
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
CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-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
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, November 18, 2024
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
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 City of San Diego v. Sea World, LLC, et al.
U.S. District Court for the Southern District of California Case No. 3:23-cv-01919-W-DEB
Risk Management Department Claim File No. 35045
REFERRED TO CLOSED SESSION OF MONDAY, NOVEMBER 18, 2024 DCA Assigned: L. K. Gantney
This case arises from the failure of Sea World LLC to pay the City past rent and other amounts due under a written lease. 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: 10:09 AM
Public testimony by Lori Saldaña and Joy Sunyata.
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, November 18, 2024
CS-2 In the Matter of City of San Diego, January 16, 2023 Sanitary Sewer Overflow from the City of San Diego’s Sewage Collection System
Notice of Violation No. R9-2023-0052 and Investigative Order No. R9-2023-0053 Risk Management Department Claim File No. N/A
REFERRED TO CLOSED SESSION OF MONDAY, NOVEMBER 18, 2024 CDCA Assigned: M. D. Ables
DCA Assigned: M. Johnston
This case arises from a sanitary sewer overflow that occurred on January 16, 2023, into the lower San Diego River and northern San Diego Bay. The San Diego Regional Water Quality Control Board issued a Notice of Violation and Investigative Order on February 22, 2023.
Subsequent negotiations with the Board have resulted in a proposed settlement. The City Attorney’s Office will present the settlement to the Mayor and the City Council for consideration and approval.
COUNCIL ACTION: Start Time: 10:09 AM
Public testimony by Lori Saldaña and Joy Sunyata.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Dorothy G. Lazenby commented on San Diego Police Department; cameras; and homeless.
COUNCIL ACTION: Start Time: 4:31 PM
PUBLIC COMMENT-2:
Purita A. Javier commented on ceramics kiln toxicity in a populated residential zone.
COUNCIL ACTION: Start Time: 4:34 PM
PUBLIC COMMENT-3:
Cesar B. Javier commented on ceramics kiln toxicity in a populated residential zone.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, November 18, 2024
COUNCIL ACTION: Start Time: 4:36 PM
PUBLIC COMMENT-4:
Blair Beekman commented on Memorial Park LED lighting.
COUNCIL ACTION: Start Time: 4:38 PM
PUBLIC COMMENT-5:
Danna Givot commented on public records requests.
COUNCIL ACTION: Start Time: 4:41 PM
PUBLIC COMMENT-6 (virtual):
Francine Maxwell thanked the Clerk’s office for the notification of the meeting at Mountain View Recreation Center; and educating the community.
COUNCIL ACTION: Start Time: 4:43 PM
PUBLIC COMMENT-7 (virtual):
Terri-Ann Skelly commented on Tobacco Control Program.
COUNCIL ACTION: Start Time: 4:45 PM
PUBLIC COMMENT-8 (virtual):
Barbara Gordon commented on harms of marijuana.
COUNCIL ACTION: Start Time: 4:47 PM
PUBLIC COMMENT-9 (virtual):
Lori Saldaña commented on violations of Brown Act; and First Amendment rights.
COUNCIL ACTION: Start Time: 4:49 PM
PUBLIC COMMENT-10 (virtual):
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, November 18, 2024
Madison commented on cannabis use during pregnancy.
COUNCIL ACTION: Start Time: 4:51 PM
PUBLIC COMMENT-11 (virtual):
Francisco Carbajal commented on restorative justice diversion programs.
COUNCIL ACTION: Start Time: 4:53 PM
PUBLIC COMMENT-12 (virtual):
Joy Sunyata commented on part 5 of the Declaration of Interdependence for San DiegoTijuana.
COUNCIL ACTION: Start Time: 4:56 PM
PUBLIC COMMENT-13 (virtual):
Megan Stuart commented on commercialization of marijuana and Big Tobacco.
COUNCIL ACTION: Start Time: 4:58 PM
PUBLIC COMMENT-14 (virtual):
Becky Rapp commented on Parents Against Vaping E-cigarettes (PAVe).
COUNCIL ACTION: Start Time: 5:00 PM
PUBLIC COMMENT-15 (virtual):
Kathleen Lippitt commented on marijuana industry selling contaminated products.
COUNCIL ACTION: Start Time: 5:01 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, November 18, 2024
Item 200: This item was removed from the agenda.
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) INTRODUCED, TO BE ADOPTED MONDAY, DECEMBER 9, 2024 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.
Committee Actions Taken: N/A
Planning: Victoria Ortiz, (619) 236-6091
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 3:58 PM
Public testimony by Cesar B. Javier, Scott Chipman, Blair Beekman, Jeffrey Hueter, Andrea Da Rosa, Lori Saldaña, Jamie, Catharine Douglass, Joy Sunyata, and Kathleen Lippitt.
MOTION BY JOE LACAVA TO INTRODUCE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, November 18, 2024
Item S400: Proposed Response to the San Diego County Grand Jury Report "Maintaining San Diego's Sidewalks - But It's Not My Sidewalk!".
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-229) ADOPTED AS RESOLUTION R-315882
Resolution approving the Council of the City of San Diego's response to the 2023/2024 San Diego County Grand Jury report titled "Maintaining San Diego's Sidewalks --But It's Not My Sidewalk!"
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Foster III, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.
Office of the Independent Budget Analyst: Jordan More, (619) 236-6445 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 3:29 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, November 18, 2024
Item S401: Task Order Approval for Program Administrator for the Home Electrification Pilot Program Funded by Energy Efficiency and Conservation Block Grant.
Total Estimated Cost of Proposed Action and Funding Source:
There is no fiscal impact to the City , the cost of this Task Order is covered by a $1,185,290 grant from the U.S. Department of Energy.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-242) ADOPTED WITH DIRECTION AS RESOLUTION R-315883 Resolution authorizing Task Order No. 9 to Michael Baker, Incorporated under As-Needed Engineering Services Contract No. H2225979 in an amount not to exceed $1,185,290 for program administration of an Energy Efficiency and Conservation Block Grant issued to the City of San Diego by the United States Department of Energy.
Committee Actions Taken: N/A
Sustainability and Mobility: Jonathan Klopp, (619) 736-4560 City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 2:08 PM
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION WITH DIRECTION TO STAFF TO GIVE PRIORITIZATION TO CITIZENS IMPACTED BY THE JANUARY 2024 FLOOD. Second by Sean EloRivera.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Kent Lee, Raul A. Campillo.
Item S402: Renewal of the Downtown Property and Business Improvement District (PBID).
Total Estimated Cost of Proposed Action and Funding Source:
If the District renewal is approved by property owners, approximately $14,513,152.56 will be assessed to the 14,100 parcels within the proposed PBID in Fiscal Year 2026. This will include an amount for assessments on City owned parcels (approximately $978,041.78); Non-City Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, November 18, 2024
Parcel Assessments (approximately $875,876.19); Gas Tax (approximately $31,319); and City Administration (approximately $251,689.10).
Council District(s) Affected: 3.
Proposed Actions:
PBID Renewal (step 1)
(R-2025-251) ADOPTED AS RESOLUTION R-315884
Resolution approving district management plan and assessment engineer’s report and declaring the Council’s intention to renew the Downtown PBID and to levy and collect annual assessments within the district for the 10-year term of the district; directing the mailing and ballots to identified property owners; and fixing time and place for a public hearing with respect to this matter.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 2:43 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:03 p.m.
COUNCIL ACTION: Start Time: 5:03 PM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, November 18, 2024