THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JUNE 20, 2022
AT 2:00 PM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................3 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................4
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................5 Item 200: City Council Workshop entitled “A Primer on Budget Equity Tools” ..........................6 Item 201: Consideration of an Ordinance Regulating the City's Use, Acquisition, and Funding of Surveillance Technology.......................................................................................................6 Item 202: TransNet Local Street and Roads Program - 2023 Regional Transportation Improvement Program (RTIP) Development and Fiscal Years 2023 – 2027 Program of Projects.8 Item 203: This item was moved to Tuesday, June 21, 2022, and is now Item S502.................9 Item 204: California Coastal Commission Suggested Modifications to Two Ordinances Amending the San Diego Municipal Code and Local Coastal Program: (1) Movable Tiny Houses Amendments to the Companion Unit and (2) Junior Unit Regulations and the Housing Legislation Code Update.......................................................................................................9 Item 250: Approval of the final map “The Lamont”..............................................................11 Item 251: Council Policy 000-21 Ballot Proposals, November 2022 .......................................11 Item 252: Submission of Ballot Proposals for the November 8, 2022, Ballot...........................12 REPORT OUT FROM CLOSED SESSION................................................................................13 Minutes of Monday, June 20, 2022 Page 2
Table of Contents (Continued)
ADJOURNMENT .................................................................................................................14 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, June 20, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:01 p.m. Council President Elo-Rivera recessed the meeting at 5:55 p.m. for the purpose of a break. Council President EloRivera reconvened the meeting at 6:09 p.m. with all Councilmembers present. Councilmember Moreno left the meeting at 6:15 p.m. The meeting was adjourned by Council President EloRivera at 6:43 p.m.
ATTENDANCE DURING THE MEETING
CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Chris Cate
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT
None.
CITY CLERK
Maland (cp)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Cate-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 4
for the Regular Meeting of Monday, June 20, 2022
The invocation was given by City Clerk Elizabeth Maland.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Moreno.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Lori Saldaña commented on 101 Ash Street settlement.
COUNCIL ACTION: Start Time: 6:30 PM
PUBLIC COMMENT-2 (virtual):
Blair Beekman commented on housing issues/low-income ideas.
COUNCIL ACTION: Start Time: 6:32 PM
PUBLIC COMMENT-3 (virtual):
John Stump commented on 101 Ash Street settlement; and City employee’s overtime.
COUNCIL ACTION: Start Time: 6:35 PM
PUBLIC COMMENT-4 (virtual):
Francine Maxwell commented on Council video not matching their audio.
COUNCIL ACTION: Start Time: 6:37 PM
PUBLIC COMMENT-5 (virtual):
Becky Rapp commented on ban on flavored marijuana.
COUNCIL ACTION: Start Time: 6:39 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, June 20, 2022
PUBLIC COMMENT-6 (virtual):
Terri-Ann Skelly commented on “over-medicalization” of marijuana.
COUNCIL ACTION: Start Time: 6:41 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT MAYOR COMMENT:
Mayor Gloria presented the first ever “Mayor for a Day” contest winner, Aiella Niles. He mentioned Aiella wrote an essay on the importance of preserving our City’s beautiful landscape through proper waste management. Mayor Gloria recognized her writings embodied that we all have a responsibility to beautify our neighborhoods. He presented Aiella with a proclamation in recognition of this accomplishment. Mayor Gloria outlined the essay program is intended to encourage our young people to consider careers in public services.
COUNCIL ACTION: Start Time: 2:04 PM
COUNCIL COMMENT-1:
Council President Elo-Rivera thanked “Mayor Niles” for being here today, for her commitment to making sure our communities are clean, for being a leader, and encouraging us to do better for our community. He mentioned there is an incredible power in young people’s voices.
COUNCIL ACTION: Start Time: 2:07 PM
COUNCIL COMMENT-2:
Councilmember Cate thanked “Mayor for a Day” Niles for being the first “Mayor” coming from District 6. He can’t wait to see what she does for the community of Mira Mesa. Councilmember Cate expressed he has big hopes for Aiella and knows she is going to fulfill them.
COUNCIL ACTION: Start Time: 2:08 PM
Item 200: City Council Workshop entitled “A Primer on Budget Equity Tools”.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, June 20, 2022
Proposed Actions:
RETURNED TO STAFF
This item is informational only.
Committee Actions Taken: N/A
Office of the Independent Budget Analyst: Jillian Kissee, (619) 236-6457 COUNCIL ACTION: Start Time: 6:15 PM
Item 201: Consideration of an Ordinance Regulating the City's Use, Acquisition, and Funding of Surveillance Technology.
Total Estimated Cost of Proposed Action and Funding Source:
Cost has not yet been determined.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 11/10/2020, Item S500 (Council voted 9-0):
(O-2021-69 Cor. Copy 3) DIRECTION GIVEN WITH AMENDMENTS Ordinance amending Chapter 5 of the San Diego Municipal Code by adding new Article 11, Division 1, Sections 511.0101 through 511.0110, to create regulations relating to the City's use, acquisition, and funding of surveillance technology.
Committee Actions Taken: N/A
Council District 4: Tiffany Harrison, (619) 236-6644
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 2:11 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT THE ORDINANCE AS AMENDED TO: 1) ADD THE FOLLOWING LANGUAGE TO SECTION 511.010, DEFINITIONS, SUBSECTION (D): “CITY
PERSONNEL ASSIGNED TO FEDERAL TASK FORCE ACTIVITIES BY THE CHIEF OF POLICE OR
DESIGNEE ARE EXEMPT FROM ORDINANCE REQUIREMENTS RELATED TO THE ACQUISITION,
USE, REPORTING AND CONTRACTUAL OBLIGATIONS, SOLELY TO THE EXTENT OF THEIR Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, June 20, 2022
DUTIES AND WORK RELATED TO THEIR ASSIGNMENT TO THE FEDERAL TASK FORCE;” AND 2) ADD THE FOLLOWING LANGUAGE TO SECTION 511.0106, ENFORCEMENT, SUBSECTION (A)(3): “AN AWARD OF REASONABLE ATTORNEY’S FEES TO A PREVAILING PARTY IS LIMITED TO AN AMOUNT NOT-TO-EXCEED $15,000. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A. Campillo; Nay: Joe LaCava, Monica Montgomery Steppe, Vivian Moreno, Sean Elo-Rivera; Recused: (None);
Not Present: (None).
ALTERNATIVE MOTION BY RAUL A. CAMPILLO TO DIRECT THE CITY ATTORNEY TO PREPARE THE ORDINANCE WITH THE PROPOSED AMENDMENTS FOR INTRODUCTION BY JULY 19, 2022,
TO DELIBERATE WITH THE HUMAN RESOURCES DEPARTMENT REGARDING MEET AND CONFER OBLIGATIONS AND TO INSURE CONSISTENCY WITH THE REST OF THE ORDINANCE.
Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 202: TransNet Local Street and Roads Program - 2023 Regional Transportation Improvement Program (RTIP) Development and Fiscal Years 2023 – 2027 Program of Projects.
Total Estimated Cost of Proposed Action and Funding Source:
Based on SANDAG’s TransNet Revenue Forecast revised on April 22, 2022, the City’s total TransNet Program for the next five years is $47,668,000 for Fiscal Year 2023, $49,996,000 for Fiscal Year 2024, $46,919,000 for Fiscal Year 2025, $48,830,000 for Fiscal Year 2026, and $50,781,000 for Fiscal Year 2027.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-552 Cor. Copy) ADOPTED AS RESOLUTION R-314177
Resolution to amend the 2023 Regional Transportation Improvement Program (RTIP) and FiveYear Program of Projects for Fiscal Year 2023 through Fiscal Year 2027, in compliance with San Diego Association of Governments (SANDAG) Board Policy No. 31.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, June 20, 2022
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on May 25, 2022.
ACTION: Motion by Committee Member Montgomery Steppe, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppe-yea.
Transportation Department: Julio Canizal, (619) 236-6651 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 6:16 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.
Item 203: This item was moved to Tuesday, June 21, 2022, and is now Item S502.
Item 204: California Coastal Commission Suggested Modifications to Two Ordinances Amending the San Diego Municipal Code and Local Coastal Program: (1) Movable Tiny Houses Amendments to the Companion Unit and (2) Junior Unit Regulations and the Housing Legislation Code Update.
Total Estimated Cost of Proposed Action and Funding Source:
Cost associated with implementation of this ordinance would be covered by project applicants.
Council District(s) Affected: Citywide.
Proposed Actions:
This action is to incorporate the California Coastal Commission modifications to the Movable Tiny Houses Ordinance and Housing Legislation Code Update. The modifications include:
requiring parking for movable tiny houses, ADUs, and JADUs on properties that are located in Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, June 20, 2022
the Beach Impact Area but outside of the Transit Priority Area if there is an accessory residential use on site, requiring that movable tiny houses, ADUs, and JADUs located outside of the Special Flood Hazard Area but within an area identified at risk from future coastal hazards enter into an agreement accepting that risk and prohibiting shoreline protection for movable tiny house, ADUs and JADUs.
(O-2022-116) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending sections 126.0704, 126.0707, and 126.0708 and amending Chapter 14, Article 1, Division 3 by amending sections 141.0302 and 141.0318, all relating to accepting California Coastal Commission’s suggested modifications required for certification.
Committee Actions Taken: N/A.
Planning: Kelley Stanco, (619) 236-6545
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 6:25 PM
MOTION BY JOE LACAVA TO INTRODUCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Item 250: Approval of the final map “The Lamont”.
Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “The Lamont " (V.T.M. No. 2530822, PTS No. 686666) located at 4455 Lamont Street and 1920 Hornblend Street in the CC-4-2 and CO-1- 2-Zones within the Pacific Beach Community Plan Area, the Coastal Overlay Zone (NonAppealable Area 2), Coastal Height Limit Overlay Zone, Parking Impact Overlay Zone (Coastal Impacts), and the Transit Priority Area, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, June 20, 2022
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Frederick R. LePage (619) 446-5434.
Item 251: Council Policy 000-21 Ballot Proposals, November 2022.
Ballot Propositions Forwarded for Council Review
The following measures have been forwarded to the City Council for review.
Proposal Target Ballot
Safeguard San Diego / Project Labor Ban Repeal November 2022 Independent Counsel for the City Auditor November 2022
Amendments to City Charter Regarding City Employee Hiring and Recruitment Practices
November 2022
Amend San Diego Municipal Code Section 66.0127 Regarding Collection, Transport, and Disposal or Recycling of Refuse November 2022
Amendment to San Diego Municipal Code 132.0505 Coastal
Height Limit
November 2022
Allow Childcare Use in City Park Space November 2022
The City Council is expected to consider measures for the November 2022, ballot at its meetings in June, July, and August 2022.
Item 252: Submission of Ballot Proposals for the November 8, 2022, 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 Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, June 20, 2022
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].
Therefore, the City Clerk’s Office has established the following calendar for the November 8, 2022, election.
DAY DATE DAYS
BEFORE
ELECTION
EVENT
Monday 04/04/22 218 LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday
Wednesday
04/20/22
06/08/22
202
153
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
Thursday -
Friday
06/09/22 –
08/12/22
152 –
88 Council discusses measures and adopts
ordinances prepared by City Attorney to
place measures on the ballot
Friday 08/12/22 88 Last day for City Clerk to file with Registrar of Voters election material (ordinances and
resolutions related to the calling of election
and measure(s), if any)
Tuesday 08/16/22 84 Last day to submit the Fiscal Impact Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Friday 08/19/22 81 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 [email protected] or (619) 533-4000.
REPORT OUT FROM CLOSED SESSION
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, June 20, 2022
None.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, June 20, 2022
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:43 p.m.
COUNCIL ACTION: Start Time: 6:43 PM