THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JULY 17, 2023
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 PLEDGE OF ALLEGIANCE ...............................................................................................................................................3 CLOSED SESSION .............................................................................................................................................................3 NON-AGENDA PUBLIC COMMENT...........................................................................................................................7 MAYOR, COUNCIL, CITY ATTORNEY, IBA, CITY CLERK COMMENT............................................................10 Item 200: Authorization of a Ten-Year Corporate Partnership Agreement with One, Five-Year Extension Option Among the City of San Diego, Downtown San Diego Partnership, Inc. and IKE Smart City, LLC for a Digital Wayfinding System in Downtown San Diego ............................................10 Item 201: Ordinance Adopting Rental Agreement Notice Requirements Related to Family Daycare Operations ......................................................................................................................................................12 Item 202: Development Impact Fees Annual Report - Fiscal Year 2022.................................................13 Item 250: Ballot Measure Calendar........................................................................................................................14 REPORT OUT FROM CLOSED SESSION.................................................................................................................16 ADJOURNMENT .............................................................................................................................................................16 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, July 17, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 10:19 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with Council President Pro Tem Montgomery Steppe and Councilmember von Wilpert not present.
Councilmember von Wilpert arrived to the meeting at 2:04 p.m. The meeting was adjourned by Council President Elo-Rivera at 4:30 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 Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
None.
CITY CLERK:
Fuentes (mrh)
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-not present
(6) Councilmember Lee-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, July 17, 2023
(7) Councilmember Campillo-not present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campbell.
CLOSED SESSION
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:
CS-1 City Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Jessica Lawrence, Director of Policy, Office of the Mayor Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jeremy Culuko, Deputy Director, Human Resources Department Erik Hanson, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Jonnabelle Domingo, Senior Human Resources Officer, Human Resources Department Curt Glaser, Senior Human Resources Officer, Human Resources Department Peaches Howell, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Interim Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Program Manager, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Dianne Mitra, Associate Human Resources Analyst, Human Resources Department Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, July 17, 2023
Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Rolando Charvel, Department of Finance Director and City Comptroller Benjamin Battaglia, Assistant Director, Department of Finance Jeffrey Peelle, Assistant Director, Department of Finance Sally Rubi, Financial Operations Manager, Department of Finance Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Ambar Gutierrez, Interim Principal Accountant, Department of Finance Virgilio Afan Jr., Interim Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
John Wood, Assistant Fire Chief, Fire-Rescue Department Christopher Webber, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief, Fire-Rescue Department David Gerboth, Deputy Fire Chief, Fire-Rescue Department Robert Logan, Deputy Fire Chief, Fire-Rescue Department David Nisleit, Police Chief, Police Department
Chris Mcgrath, Executive Assistant Chief, Police Department Terence Charlot, Assistant Police Chief, Police Department Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Jonathan Ferreras, Program Coordinator, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association.
Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Charles Modica, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney Leslie Fitzgerald, Assistant City Attorney, Office of the City Attorney Kristin Zlotnik, Chief Deputy City Attorney, Office of the City Attorney Joan Dawson, Senior Deputy City Attorney, Office of the City Attorney Alison Adema, Senior Deputy City Attorney, Office of the City Attorney Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, July 17, 2023
Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:
San Diego Police Officers Association (SDPOA)
REFERRED TO CLOSED SESSION OF MONDAY, JULY 17, 2023
ACA Assigned: J. McNeill
The purpose of this closed session meeting is to review the San Diego Police Officer Association (POA)’s Phase 1 counter proposal concerning the unwinding of Prop B and to instruct the City’s designated representatives to meet & confer with POA over the recruit time issue related to Prop B.
COUNCIL ACTION: Start Time: 10:07 AM
Public testimony by Audra and Blair Beekman.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-2 Elante Shine v. Fuston, et al.
United States District Court Case No. 20cv2036-LAB-DEB
Risk Management Department Claim File No. 25137
REFERRED TO CLOSED SESSION OF MONDAY, JULY 17, 2023
SCDCA Assigned: S. J. Plotkin-Wolff
This case involves an allegation of excessive use of force where the detainee did not follow lawful orders. 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: 10:07 AM
Public testimony by Lori Saldaña, Audra, and Blair Beekman.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, July 17, 2023
Council President Elo-Rivera closed the hearing.
CS-3 Ronald Turner v. City of San Diego
San Diego Superior Court Case No. 37-2023-00016249-CU-EI-CTL Risk Management Department Claim File No. 25047
REFERRED TO CLOSED SESSION OF MONDAY, JULY 17, 2023
SDCA Assigned: J. E. Taylor
This case arises from a real property damage claim allegedly caused by construction activity. 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: 10:07 AM
Public testimony by Audra and Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-4 James Johnson v. City of San Diego
San Diego Superior Court Case No. 37-2021-00027982-CU-OE-CTL Risk Management Department Claim File No. 26819
REFERRED TO CLOSED SESSION OF MONDAY, JULY 17, 2023
DCA Assigned: P. H. James
This is an employment case in which Plaintiff alleges violations of the California Labor Code and Fair Employment and Housing 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: 10:07 AM
Public testimony by Audra.
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, July 17, 2023
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Joy Sunyata commented on FY24 Budget.
COUNCIL ACTION: Start Time: 3:52 PM
PUBLIC COMMENT-2:
Hai Tran commented on Crime in SD.
COUNCIL ACTION: Start Time: 3:54 PM
PUBLIC COMMENT-3:
Kim-Trang Dang commented on Chi Cao.
COUNCIL ACTION: Start Time: 3:56 PM
PUBLIC COMMENT-4:
Tawn Nguyen commented on Chi Cao.
COUNCIL ACTION: Start Time: 3:58 PM
PUBLIC COMMENT-5:
Zillyan Tran commented on Chi Cao – Family Thank Yous.
COUNCIL ACTION: Start Time: 4:01 PM
PUBLIC COMMENT-6:
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, July 17, 2023
Michael Brando commented on health.
COUNCIL ACTION: Start Time: 4:03 PM
PUBLIC COMMENT-7 (virtual):
Lori Saldaña commented on heat illness at Pride events.
COUNCIL ACTION: Start Time: 4:05 PM
PUBLIC COMMENT-8 (virtual):
Barbara Gordon commented on the expansion of marijuana businesses.
COUNCIL ACTION: Start Time: 4:07 PM
PUBLIC COMMENT-9 (virtual):
The Truth commented on womanslpaining.
COUNCIL ACTION: Start Time: 4:09 PM
PUBLIC COMMENT-10 (virtual):
Francine Maxwell commented on the investigation of the Diamond BID.
COUNCIL ACTION: Start Time: 4:11 PM
PUBLIC COMMENT-11 (virtual):
Peggy Walker commented on marijuana businesses.
COUNCIL ACTION: Start Time: 4:13 PM
PUBLIC COMMENT-12 (virtual):
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, July 17, 2023
Becky Rapp commented on cannabis and social equity.
COUNCIL ACTION: Start Time: 4:15 PM
PUBLIC COMMENT-13 (virtual):
Audra commented on MAPS and child trafficking.
COUNCIL ACTION: Start Time: 4:18 PM
PUBLIC COMMENT-14 (virtual):
Unknown caller commented on local government corruption.
COUNCIL ACTION: Start Time: 4:20 PM
PUBLIC COMMENT-15 (virtual):
Blair Beekman commented on the future of Pride events.
COUNCIL ACTION: Start Time: 4:22 PM
PUBLIC COMMENT-16 (virtual):
Dan Smiechowski commented on Pride run.
COUNCIL ACTION: Start Time: 4:24 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT CITY CLERK COMMENT:
Interim City Clerk Fuentes commented on the deadline for submissions for ballot measures proposals for the March 5, 2024, Primary are due to the Office of the City Clerk on Monday, July 17, 2023.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, July 17, 2023
COUNCIL ACTION: Start Time: 2:02 PM
NOTE: Item 200 was trailed to the afternoon session of this meeting because the City Council temporarily suspended the Rules of Council in accordance with Rule 2.2. This suspension allowed this item to be heard in the order consistent with the public notice of this item.
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY SEAN ELO-RIVERA TO TEMPORARILY SUSPEND THE RULES OF COUNCIL 2.2
CONCERNING THE ORDER OF BUSINESS SO THIS ITEM MAY BE HEARD IN THE AFTERNOON SESSION, CONSISTENT WITH THE PUBLIC NOTICE FOR THIS ITEM. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert, Raul A. Campillo.
Item 200: Authorization of a Ten-Year Corporate Partnership Agreement with One, Five-Year Extension Option Among the City of San Diego, Downtown San Diego Partnership, Inc. and IKE Smart City, LLC for a Digital Wayfinding System in Downtown San Diego, an Exemption from the City’s Prohibition Against Signs in the Right of Way and Off-Premises Messages, an Exemption from Certain Automatic Copy Regulations, an Exemption from Public Right of Way Permit Requirements, and Related Actions.
Total Estimated Cost of Proposed Action and Funding Source:
No costs associated with this proposed action.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-844) ADOPTED AS RESOLUTION R-315039
Resolution of the Council of the City of San Diego determining that certain discretionary approvals, including the authorization of a Corporate Partnership Agreement among the City of Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, July 17, 2023
San Diego, Downtown San Diego Partnership, Inc., and IKE Smart City, LLC related to a digital wayfinding system, and the authorization of limited exceptions to the City's signage and offpremises messaging regulations, automatic changing copy regulations, and permit procedures, are categorically exempt from the California Environmental Quality Act under CEQA Guidelines sections 15301, 15303, and 15304.
Subitem-B: (O-2023-208) INTRODUCED, TO BE ADOPTED TUESDAY, AUGUST 1, 2023 Introduction of an Ordinance of the Council of the City of San Diego approving a Corporate Partnership Agreement Among the City of San Diego, Downtown San Diego Partnership, Inc., and IKE Smart City, LLC for the Financing, Implementation, Management, and Operation of a Digital Wayfinding System with City Marketing Rights and Benefits, authorizing a limited exception to the signage and off-premises messaging regulations contained in Chapter 14, Article 2, Division 12 of the San Diego Municipal Code, authorizing a limited exception to the automatic changing copy regulations contained in Chapter 14, Article 1, Division 11 of the San Diego Municipal Code, and approving related actions.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
COUNCIL ACTION: Start Time: 2:03 PM
Public testimony by Clay Collett, Paul Krueger, Joy Sunyata, Lisa Ross, Dan Smiechowski, Blair Beekman, Audra, Seth Hall, R.P., and Truth.
MOTION BY STEPHEN WHITBURN TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A. Campillo, Sean Elo-Rivera;
Nay: Joe LaCava, Vivian Moreno;
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 201: Ordinance Adopting Rental Agreement Notice Requirements Related to Family Daycare Operations.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, July 17, 2023
Total Estimated Cost of Proposed Action and Funding Source:
Costs associated with this action will be funded by the Development Services Department General Fund Budget, as enforcement of the City’s Code falls under the jurisdiction of the Department’s Building & Land Use Enforcement Division.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-176) INTRODUCED AS AMENDED BY INTERLINEATION, TO BE ADOPTED TUESDAY, AUGUST 1, 2023
Introduction of an Ordinance amending Chapter 9, Article 8 of the San Diego Municipal Code by adding new Division 9, Sections 98.0901, 98.0902, and 98.0903, relating to notice of a tenant’s right to operate a family daycare home.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on January 11, 2023.
ACTION: Motion by Chair Campillo, second by Committee Member Lee, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Campillo-yea, Montgomery Steppe-yea, Lee-yea.
Council District 7: Justine Murray, (619) 236-6751
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 2:43 PM
MOTION BY RAUL A. CAMPILLO TO INTRODUCE THE ORDINANCE AS AMENDED BY INTERLINEATION IN “§98.0903 NOTICE OF RIGHT TO OPERATE A FAMILY DAYCARE HOME” CHANGING THE LAST SENTENCE TO READ, “IF YOU BELIEVE YOUR RIGHTS UNDER THIS STATE
LAW HAVE BEEN DENIED, YOU MAY FILE A COMPLAINT WITH THE CALIFORNIA CIVIL RIGHTS DEPARTMENT”; AND AMEND “SECTION 3” TO READ, “THAT THIS ORDINANCE SHALL TAKE
EFFECT AND BE IN FORCE ON THE LATER OF THE THIRTIETH DAY FROM AND AFTER ITS FINAL PASSAGE OR JANUARY 1, 2024.”
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, July 17, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 202: Development Impact Fees Annual Report - Fiscal Year 2022.
Total Estimated Cost of Proposed Action and Funding Source:
Please see staff report.
Council District(s) Affected: Citywide.
Proposed Actions:
The City is required by the Mitigation Fee Act to provide an annual report on Development Impact Fees (DIF) to the City Council. In compliance with these requirements, the annual report will be presented to the City Council that satisfies the requirements of the Mitigation Fee Act.
Staff will also present an update on the implementation of Mobility Solutions and provide clarifications to the Citywide Parks DIF Resolution to ensure that the implementation of the Citywide Park DIF aligns with the goals and objectives of the Parks Master Plan and the Parks for All of Us package.
Subitem-A: (R-2023-839) ADOPTED AS RESOLUTION R-315040
Resolution accepting the Annual Report - Fiscal Year 2022 and making findings related to unexpended balances as required California Government Code Sections 66001 and 66006.
Subitem-B: (R-2023-838) ADOPTED AS RESOLUTION R-315041
Resolution clarifying language in Resolution No. R-313688 regarding the prioritization of funding to ensure proper accounting and administration for the Parks for All of Us package.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on June 21, 2023.
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, July 17, 2023
ACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Planning: Eduardo Hernandez, (619) 446-5358
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 3:24 PM
MOTION BY KENT LEE TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.
Item 250: Ballot Measure Calendar.
SUBMISSION OF BALLOT PROPOSALS FOR THE MARCH 5, 2024, 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]. The City Clerk’s Office has established the following calendar for the March 5, 2024, election.
DATE
DAYS
BEFORE
ELECTION EVENT
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Monday, July 17, 2023
Monday, 07/17/2023 232
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday, 07/26/2023 223
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
Wednesday, 09/06/2023 181
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
Monday, 09/11/2023 176
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, 12/08/2023 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, 12/11/2023 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, 12/13/2023 83 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 (619) 533-4000 or via e-mail at [email protected].
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Monday, July 17, 2023
The meeting was adjourned by Council President Elo-Rivera at 4:30 p.m. in honor of the memory of:
Mr. Robert Epler as requested by Councilmember Campbell; and Ms. Chi Cao as requested by Council President Elo-Rivera.
COUNCIL ACTION: Start Time: 4:26 PM