THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JULY 18, 2022
AT 2:00 PM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................1 ATTENDANCE DURING THE MEETING...................................................................................1 ROLL CALL ..........................................................................................................................1 INVOCATION.......................................................................................................................2 PLEDGE OF ALLEGIANCE......................................................................................................2 NON-AGENDA PUBLIC COMMENT .........................................................................................2
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................3 Item 200: Consideration of an Ordinance Regulating the City's Use, Acquisition, and Funding of Surveillance Technology.......................................................................................................4 Item 250: Submission of Ballot Proposals for the November 8, 2022, Ballot ............................6 Item 251: Council Policy 000-21 Ballot Proposals, November 2022 .........................................8 Item S400: Results of June 7, 2022, Municipal Primary Election in the City of San Diego............ ..........................................................................................................................................8 Item S401: Examination of Ballot Materials...........................................................................9 Item S402: Arguments Supporting or Opposing Measures....................................................10 REPORT OUT FROM CLOSED SESSION................................................................................11 ADJOURNMENT .................................................................................................................11 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, July 18, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:04 p.m. Councilmember Campbell arrived to the meeting at 2:15 p.m. Council President Elo-Rivera recessed the meeting at 3:26 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 3:32 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 4:24 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
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 (mrh)
*NOTE: Councilmember Campbell, Councilmember Cate, and Councilmember Moreno participated in the meeting by teleconference.
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-not 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
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, July 18, 2022
INVOCATION
The invocation was given by City Clerk Elizabeth Maland.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campillo.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Lori Saldaña commented on the deaths in the unsheltered community.
COUNCIL ACTION: Start Time: 4:07 PM
PUBLIC COMMENT-2 (virtual):
Martha Sullivan commented on the death toll.
COUNCIL ACTION: Start Time: 4:09 PM
PUBLIC COMMENT-3 (virtual):
Barbara Gordon commented on cannabis use.
COUNCIL ACTION: Start Time: 4:12 PM
PUBLIC COMMENT-4 (virtual):
B. Beekman commented on housing.
COUNCIL ACTION: Start Time: 4:14 PM
PUBLIC COMMENT-5 (virtual):
Becky Rapp commented on the murdered woman in Rancho Peñasquitos.
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, July 18, 2022
COUNCIL ACTION: Start Time: 4:16 PM
PUBLIC COMMENT-6 (virtual):
Kelly McCormick commented on marijuana.
COUNCIL ACTION: Start Time: 4:18 PM
PUBLIC COMMENT-7 (virtual):
Peggy Walker commented on marijuana.
COUNCIL ACTION: Start Time: 4:20 PM
PUBLIC COMMENT-8 (virtual):
Judi Strang commented on flavored tobacco.
COUNCIL ACTION: Start Time: 4:22 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: 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:
Introduce the following Ordinance, which was revised by Council action on 6/20/22 (Item 200; Council voted 9-0):
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, July 18, 2022
(O-2021-69 Rev. Copy) INTRODUCED WITH DIRECTION, TO BE ADOPTED TUESDAY, AUGUST 2, 2022
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: 2:08 PM
MOTION BY SEAN ELO-RIVERA TO INTRODUCE THE ORDINANCE AND REQUEST CITY STAFF
RETURN TO COUNCIL AT A FUTURE DATE TO DISCUSS AMENDMENTS TO THE ORDINANCE,
SUCH AS THOSE INCLUDED IN ADDENDUM A, THAT OFFER PROTECTIONS TO CIVIL RIGHTS
UNDER CURRENT THREAT AND COMMUNITIES THAT HAVE BEEN DISPROPORTIONATELY HARMED BY GOVERNMENT SURVEILLANCE; ADDENDUM A: FEDERAL TASK FORCE
EXEMPTIONS SHALL NOT APPLY TO THE ACQUISITION, USE, REPORTING, AND CONTRACTUAL OBLIGATIONS RELATED TO THE FOLLOWING: (A) PERSONAL REPRODUCTIVE OR SEXUAL HEALTH INFORMATION. THE TERM “PERSONAL REPRODUCTIVE OR SEXUAL HEALTH INFORMATION” MEANS PERSONAL INFORMATION RELATING TO THE PAST, PRESENT, OR FUTURE REPRODUCTIVE OR SEXUAL HEALTH OF AN INDIVIDUAL, INCLUDING: (1)
EFFORTS TO RESEARCH OR OBTAIN REPRODUCTIVE OR SEXUAL INFORMATION SERVICES OR
SUPPLIES, INCLUDING LOCATION INFORMATION THAT MIGHT INDICATE AN ATTEMPT TO ACQUIRE OR RECEIVE SUCH INFORMATION SERVICES OR SUPPLIES; (2) EFFORTS TO
RESEARCH OR OBTAIN REPRODUCTIVE OR SEXUAL HEALTH CONDITIONS, STATUS,
DISEASES, OR DIAGNOSES, INCLUDING PREGNANCY, MENSTRUATION, OVULATION, ABILITY
TO CONCEIVE A PREGNANCY, WHETHER SUCH INDIVIDUAL IS SEXUALLY ACTIVE, AND WHETHER SUCH INDIVIDUAL IS ENGAGING IN UNPROTECTED SEX; (3) EFFORTS TO
RESEARCH OR OBTAIN REPRODUCTIVE- AND SEXUAL-HEALTH-RELATED SURGERIES OR PROCEDURES, SUCH AS TERMINATION OF A PREGNANCY; (4) EFFORTS TO RESEARCH OR
OBTAIN USE OR PURCHASE OF CONTRACEPTIVES, BIRTH CONTROL, OR ANY MEDICATION RELATED TO REPRODUCTIVE HEALTH, INCLUDING ABORTIFACIENTS; (5) EFFORTS TO
RESEARCH OR OBTAIN BODILY FUNCTIONS, VITAL SIGNS, MEASUREMENT, OR SYMPTOMS
RELATED TO MENSTRUATION OR PREGNANCY, SUCH AS BASAL TEMPERATURE, CRAMPS, BODILY DISCHARGE, OR HORMONE LEVELS; (6) EFFORTS TO RESEARCH OR OBTAIN ANY
INFORMATION ABOUT DIAGNOSES OR DIAGNOSTIC TESTING, TREATMENT, MEDICATIONS,
OR THE USE OF ANY PRODUCT OR SERVICE RELATING TO THE MATTERS DESCRIBED IN SUBPARAGRAPHS (1) THROUGH (5); AND (7) EFFORTS TO RESEARCH OR OBTAIN ANY INFORMATION DESCRIBED IN SUBPARAGRAPHS (1) THROUGH (6) THAT IS DERIVED OR
EXTRAPOLATED FROM NON-HEALTH INFORMATION (SUCH AS PROXY, DERIVATIVE, INFERRED, EMERGENT, OR ALGORITHMIC DATA); (B) GENDER IDENTITY INFORMATION. THE TERM “GENDER IDENTITY INFORMATION” MEANS PERSONAL INFORMATION RELATING TO
THE GENDER-RELATED IDENTITY, APPEARANCE, MANNERISM, OR OTHER GENDER-RELATED
CHARACTERISTIC OF AN INDIVIDUAL, REGARDLESS OF THE DESIGNATED SEX AT BIRTH OF Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, July 18, 2022
THE INDIVIDUAL, INCLUDING: (1) EFFORTS TO RESEARCH OR OBTAIN ANY INFORMATION
DESCRIBED ABOVE THAT IS DERIVED OR EXTRAPOLATED FROM NON-GENDER INFORMATION (SUCH AS PROXY, DERIVATIVE, INFERRED, EMERGENT, OR ALGORITHMIC DATA);(C) SEXUAL ORIENTATION INFORMATION. THE TERM “SEXUAL ORIENTATION INFORMATION” MEANS
PERSONAL INFORMATION RELATING TO HOW A PERSON IDENTIFIES IN TERMS OF THEIR
EMOTIONAL, ROMANTIC, OR SEXUAL ATTRACTION, AND INCLUDES IDENTIFICATION AS
STRAIGHT, HETEROSEXUAL, GAY, LESBIAN, OR BISEXUAL, AMONG OTHER TERMS, INCLUDING: (1) EFFORTS TO RESEARCH OR OBTAIN ANY INFORMATION DESCRIBED ABOVE
THAT IS DERIVED OR EXTRAPOLATED FROM NON-ORIENTATION INFORMATION (SUCH AS PROXY, DERIVATIVE, INFERRED, EMERGENT, OR ALGORITHMIC DATA); (D) CITIZENSHIP STATUS INFORMATION. THE TERM “CITIZEN STATUS INFORMATION” MEANS PERSONAL INFORMATION RELATING TO A PERSON’S STATUS AS A CITIZEN OR NON-CITIZEN, INCLUDING: (1) EFFORTS TO RESEARCH, OBTAIN, OR USE IMMIGRATION OR REFUGEE
SERVICES, INCLUDING LOCATION INFORMATION THAT MIGHT INDICATE AN ATTEMPT TO ACQUIRE OR RECEIVE SUCH SERVICES; (2) EFFORTS TO RESEARCH OR OBTAIN ANY
INFORMATION DESCRIBED ABOVE THAT IS DERIVED OR EXTRAPOLATED FROM NON-STATUS
INFORMATION (SUCH AS PROXY, DERIVATIVE, INFERRED, EMERGENT, OR ALGORITHMIC DATA); (E) RACIAL AND ETHNIC INFORMATION. THE TERM “RACE AND ETHNIC INFORMATION” MEANS PERSONAL INFORMATION RELATING TO A PERSON’S SELFIDENTIFICATION OR GOVERNMENTAL RECOGNITION OR DESIGNATION WITH ONE OR MORE
SOCIAL GROUPS, INCLUDING WHITE, BLACK OR AFRICAN AMERICAN, ASIAN, AMERICAN
INDIAN AND ALASKA NATIVE, NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER, OR SOME OTHER RACE, AND PERSONAL INFORMATION RELATING TO A PERSON’S SELFIDENTIFICATION OR GOVERNMENTAL RECOGNITION OR DESIGNATION AS HISPANIC OR LATINO, LATINA, LATINX, OR SOME OTHER ETHNIC GROUP, INCLUDING: (1) EFFORTS TO
RESEARCH OR OBTAIN ANY INFORMATION DESCRIBED ABOVE THAT IS DERIVED OR
EXTRAPOLATED FROM NON-RACIAL AND ETHNIC INFORMATION (SUCH AS PROXY, DERIVATIVE, INFERRED, EMERGENT, OR ALGORITHMIC DATA); (F) RELIGIOUS INFORMATION. THE TERM “RELIGIOUS INFORMATION” MEANS PERSONAL INFORMATION RELATING TO A PERSON’S RELIGION, PARTICIPATION IN A RELIGIOUS GROUP OR RELIGIOUS ACTIVITIES AND PRACTICES, INCLUDING: (1) EFFORTS TO RESEARCH OR OBTAIN ANY INFORMATION RELATED TO RELIGION; (2) EFFORTS TO RESEARCH OR OBTAIN ANY INFORMATION DESCRIBED ABOVE THAT IS DERIVED OR EXTRAPOLATED FROM NONRELIGIOUS INFORMATION (SUCH AS PROXY, DERIVATIVE, INFERRED, EMERGENT, OR ALGORITHMIC DATA). Second by Monica Montgomery Steppe.
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).
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, July 18, 2022
Item 250: 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 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
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, July 18, 2022
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.
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 S400: Results of June 7, 2022, Municipal Primary Election in the City of San Diego.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-27) ADOPTED AS RESOLUTION R-314221
Resolution declaring the results of the Municipal Primary Election held in the City of San Diego on June 7, 2022.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, July 18, 2022
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 4:01 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Marni von Wilpert.
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 S401: Examination of Ballot Materials.
July 18, 2022
Pursuant to San Diego Municipal Code Section 27.0403, candidate statements, the propositions and related ballot materials for said candidate races and propositions, to be submitted to the voters within the City of San Diego at the election of November 8, 2022, will be available for public examination for ten (10) calendar days commencing on the business day following the deadline for filing those ballot materials in the Office of the City Clerk. During the examination period, any voter registered in the City may seek a writ of mandate or an injunction requiring any or all of the ballot or sample ballot materials be amended or deleted. Please note the following examination periods:
Document Start date End date
Candidate Statements of Qualification
and Designations of Principal
Profession or Occupation August 2, 2022 August 12, 2022 Ordinances calling election and Ordinances
placing measures on the ballot August 12, 2022 August 22, 2022 City Attorney’s impartial analysis, ballot
title and summary, and Mayor/IBA/City
Auditor’s fiscal analysis
August 16, 2022 August 26, 2022
Ballot arguments August 19, 2022 August 29, 2022
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, July 18, 2022
For additional information regarding this matter, please contact the Office of the City Clerk at (619) 533-4000.
Item S402: Arguments Supporting or Opposing Measures.
For measures approved by the Council for submittal to the qualified voters of the City of San Diego at the Municipal General Election to be held on Tuesday, November 8, 2022, the City Clerk has fixed 5:00 p.m. on Friday, August 19, 2022, as a reasonable date prior to such election after which no arguments for or against City Measures may be submitted to the Clerk.
Any argument for or against any City measure shall not exceed 300 words in length and may be filed by the Council, or any member or members of the Council authorized by the Council, or the bona fide sponsors or proponents of the measure, or any bona fide association of citizens or individual voter, or any combination of voters and associations.
All arguments must be accompanied by a statement signed by each author that the argument is true and correct to the best of his/her knowledge and belief. (Forms for this statement are available in the Office of the City Clerk or at http://www.sandiego.gov/cityclerk/forms/pdf/argumentsigform.pdf.) San Diego Municipal Code section 27.0512 provides the priority for selection if more than one argument is submitted for, or against, any measure.
An argument shall not be accepted unless accompanied by the name or names of the person or persons submitting it, or if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal officers. No more than five signatures shall appear with any argument submitted. In case any argument is signed by more than five persons, the signatures of the first five shall be printed.
Arguments may be changed or withdrawn by their proponents until and including the date fixed by the City Clerk.
Arguments shall be submitted to the City Clerk at the Office of the City Clerk, City Administration Building, 202 C Street, San Diego, California, 92101. Please call 619-533-4000 for further assistance.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, July 18, 2022
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:24 p.m.
COUNCIL ACTION: Start Time: 4:24 PM