Minutes, first session — San Diego City Council, November 13, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE SPECIAL COUNCIL MEETING
OF
MONDAY, NOVEMBER 13, 2023
AT 8:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................2 ATTENDANCE DURING THE MEETING...................................................................................2 ROLL CALL ..........................................................................................................................3 INVOCATION.......................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 SPECIAL CLOSED SESSION...................................................................................................3 NON-AGENDA PUBLIC COMMENT........................................................................................12

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................14 Item 600: Safe Sidewalks Program and Sidewalk Repair Permit Fee Holiday..........................15 Item 601: Recommend Adoption of the Proposed Amendments to the Land Development Code, Local Coastal Program, and Resolution R-313282 (Neighborhood Enhancement Fund) to Implement Housing Action Package 2.0...............................................................................16 REPORT OUT FROM CLOSED SESSION................................................................................20 ADJOURNMENT .................................................................................................................20 Minutes of the Council of the City of San Diego Page 2
for the Special Meeting of Monday, November 13, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 8:01 a.m. Council President Montgomery Steppe arrived to the meeting at 8:03 a.m. Council President Elo-Rivera recessed the meeting at 8:05 a.m. to convene the Special Housing Authority meeting. Council President Elo-Rivera reconvened the special meeting at 8:08 a.m. with Councilmember Campillo not present. The meeting was recessed by Council President Elo-Rivera at 8:08 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:04 p.m. with Councilmember Lee and Councilmember Campillo not present. Councilmember Lee arrived to the meeting at 2:07 p.m. Council President Elo-Rivera recessed the meeting at 6:32 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 6:50 p.m. with Councilmember Campillo not present. Council President Elo-Rivera recessed the meeting at 7:24 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 8:00 p.m. with Councilmember Campillo not present. Councilmember Moreno left the meeting at 8:02 p.m.

Council President Pro Tem Montgomery Steppe left the meeting at 8:03 p.m. Council President Elo-Rivera recessed the meeting at 8:28 p.m. to reconvene the Special Housing Authority meeting. Council President Elo-Rivera reconvened the special meeting at 8:30 p.m. with Council President Pro Tem Montgomery Steppe, Councilmember Campillo, and Councilmember Moreno not present. The meeting was adjourned by Council President Elo-Rivera at 8:30 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-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

CD-7 Councilmember Raul A. Campillo – (Excused by Resolution R-315116, due to family leave)
CITY CLERK:

Fuentes (cp)
Minutes of the Council of the City of San Diego Page 3
for the Special Meeting of Monday, November 13, 2023

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-not 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

INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember von Wilpert.

SPECIAL CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):

SCS-1 Brookie Rocha v. City of San Diego, et al.

United States District Court Case No. 23-CV-0885-CAB-JLB Risk Management Department Claim File No. 29254
REFERRED TO SPECIAL CLOSED SESSION OF MONDAY, NOVEMBER 13, 2023 CDCA Assigned: J. J. McQuarrie
This case arises from an alleged failure to provide medical care following an officer’s use of pepper spray against Plaintiff on March 5, 2022. Plaintiff claims the officers did not wash her eyes out with water, causing her to suffer an allergic reaction. Plaintiff also alleges the officers failed to properly secure her diamond necklace, which was lost during transport. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

Minutes of the Council of the City of San Diego Page 4
for the Special Meeting of Monday, November 13, 2023
COUNCIL ACTION: Start Time: 8:03 AM
Council President Elo-Rivera closed the hearing.

SCS-2 Samuel Ellis v. City of San Diego, et al.

San Diego Superior Court Case No. 37-2022-00032566-CU-PO-CTL Risk Management Department Claim File No. 29108
REFERRED TO SPECIAL CLOSED SESSION OF MONDAY, NOVEMBER 13, 2023 DCA Assigned: D. E. Abad
In this case, plaintiff alleges they were walking on a sidewalk near 3059 Ocean View Boulevard when they tripped and fell, injuring themselves. 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: 8:03 AM
Council President Elo-Rivera closed the hearing.

Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):

SCS-3 Pre-Lit – Morena Smog, LLC
Risk Management Department Claim File No. 30765
REFERRED TO SPECIAL CLOSED SESSION OF MONDAY, NOVEMBER 13, 2023 DCA Assigned: D. E. Abad
This claim arises from a break in the City’s water main on Morena Road, which flooded Claimant’s business and caused alleged property damage. The City Attorney’s Office will update the Mayor and City Council on the status of the matter and seek direction.

COUNCIL ACTION: Start Time: 8:03 AM
Council President Elo-Rivera closed the hearing.

SCS-4 Pre-Lit – ESIS aso The Irvine Company
Minutes of the Council of the City of San Diego Page 5
for the Special Meeting of Monday, November 13, 2023
Risk Management Department Claim File No. 30765
REFERRED TO SPECIAL CLOSED SESSION OF MONDAY, NOVEMBER 13, 2023 DCA Assigned: D. E. Abad
This claim arises from a break in the City’s water main on Fenton Parkway, which flooded Claimant’s business and caused alleged property damage. The City Attorney’s Office will update the Mayor and City Council on the status of the matter and seek direction.

COUNCIL ACTION: Start Time: 8:03 AM
Council President Elo-Rivera closed the hearing.

Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):

SCS-5 Ronald Drobeck v. City of San Diego
San Diego Superior Court Case No. 37-2019-00055963-CU-BC-CTL Risk Management Department Claim File No. 20956
REFERRED TO SPECIAL CLOSED SESSION OF MONDAY, NOVEMBER 13, 2023 DCA Assigned: J. K. Goodman
In this case, Ronald Drobeck seeks to enforce provisions in an Exchange Agreement entered with the City in 1999. 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: 8:03 AM
Council President Elo-Rivera closed the hearing.

Conference with Labor Negotiators pursuant to California Government Code Section 54957.6:

SCS-6 City Designated Management Team Representatives:

Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Mark Wilson, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric K. Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kris McFadden, Deputy Chief Operating Officer
Minutes of the Council of the City of San Diego Page 6
for the Special Meeting of Monday, November 13, 2023
Kristina Peralta, Deputy Chief Operating Officer
Casey Smith, Deputy Chief Operating 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 Jonnabelle Domingo, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Erik Hanson, Senior Human Resources Officer, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Senior Human Resources Officer, Human Resources Department Walter Castillo, Senior Human Resources Officer, Human Resources Department Sophia Williams, Senior Human Resources Officer, Human Resources Department Linda Chambers, Senior Human Resources Officer, Human Resources Department Scott Harris, Program Coordinator, Human Resources Department Brian Mallard, Program Coordinator, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, 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 Chris Purcell, Financial Operations Manager, 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 Virgilio Afan Jr., Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
David Gerboth, Assistant Fire Chief Fire-Rescue Department John Wood, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard 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 M. Travis Phelps, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
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
Minutes of the Council of the City of San Diego Page 7
for the Special Meeting of Monday, November 13, 2023
Following Management Team representatives to execute tentative agreements and memoranda of understanding reached in meet and confer, and to present all tentative agreements and memoranda of understanding reached in meet and confer to the Council for final determination and approval by the Council as to policy and the City Attorney as to form or correctness:

Charles Modica, Independent Budget Analyst, Office of the Independent Budget Analyst Jillian Andolina, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Baku Patel, Fiscal and Policy Analyst, Office of the Independent Budget Analyst, solely for negotiations with the San Diego City Firefighters, I.A.F.F., Local 145, and California Teamsters Local 911
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 Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:

American Federation of State, County and Municipal Employees, Local 127 (AFSCME Local 127) San Diego City Firefighters, International Association of Fire Fighters (I.A.F.F.), Local 145 San Diego Municipal Employees’ Association (MEA)
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
REFERRED TO SPECIAL CLOSED SESSION OF MONDAY, NOVEMBER 13, 2023 Minutes of the Council of the City of San Diego Page 8
for the Special Meeting of Monday, November 13, 2023
ACA Assigned: Jim McNeill
The purpose of this Closed Session meeting is to review the City’s position and provide an update regarding meet and confer on the proposed ballot measure to amend the City Charter to reform the City’s recruitment and hiring processes by, in part, eliminating the duplication of activities between the Personnel Department and the Human Resources Department.

COUNCIL ACTION: Start Time: 8:03 AM
Council President Elo-Rivera closed the hearing.

SCS-7 City Designated Management Team Representatives:

Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Mark Wilson, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric K. Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kris McFadden, Deputy Chief Operating Officer
Kristina Peralta, Deputy Chief Operating Officer
Casey Smith, Deputy Chief Operating 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 Jonnabelle Domingo, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Erik Hanson, Senior Human Resources Officer, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Senior Human Resources Officer, Human Resources Department Walter Castillo, Senior Human Resources Officer, Human Resources Department Sophia Williams, Senior Human Resources Officer, Human Resources Department Linda Chambers, Senior Human Resources Officer, Human Resources Department Scott Harris, Program Coordinator, Human Resources Department Brian Mallard, Program Coordinator, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, 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 Chris Purcell, Financial Operations Manager, Department of Finance Sally Rubi, Financial Operations Manager, Department of Finance Minutes of the Council of the City of San Diego Page 9
for the Special Meeting of Monday, November 13, 2023
Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Virgilio Afan Jr., Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
David Gerboth, Assistant Fire Chief Fire-Rescue Department John Wood, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard 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 M. Travis Phelps, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
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
Following Management Team representatives to execute tentative agreements and memoranda of understanding reached in meet and confer, and to present all tentative agreements and memoranda of understanding reached in meet and confer to the Council for final determination and approval by the Council as to policy and the City Attorney as to form or correctness:

Minutes of the Council of the City of San Diego Page 10 for the Special Meeting of Monday, November 13, 2023
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 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 SPECIAL CLOSED SESSION OF MONDAY, NOVEMBER 13, 2023 ACA Assigned: Jim McNeill
The purpose of this Closed Session meeting is to review the City’s position and instruct the City’s designated representatives to meet and confer with the San Diego Police Officers Association (POA) on the terms and conditions related to implementation of administrative appeals of sustained findings of police officer misconduct by the City’s Commission on Police Practices, which will be conducted by the City’s Civil Service Commission in accordance with San Diego City Charter sections 41.2 and 115.

COUNCIL ACTION: Start Time: 8:03 AM
Council President Elo-Rivera closed the hearing.

Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):

SCS-8 The People of the State of California and City of San Diego v. 3M Co., et al.

San Diego Superior Court Case No. 37-2022-00017958-CU-PO-CTL Risk Management Department Claim File No. N/A
REFERRED TO SPECIAL CLOSED SESSION OF MONDAY, NOVEMBER 13, 2023 DCA Assigned: J. Rau
Outside Counsel: Kyle J. McGee, Grant & Eisenhofer
David S. Casey Jr., Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Gary A. Praglin, Cotchett, Pitre & McCarthy
Minutes of the Council of the City of San Diego Page 11 for the Special Meeting of Monday, November 13, 2023
This case arises from 3M, Dupont, and various other chemical companies’ toxic firefighting foams that have contaminated drinking water supplies in San Diego for decades. The lawsuit asserts the firefighting foams used a class of chemicals which are considered “forever chemicals” because they do not break down into harmless components over time. The costs of removing these chemicals from the environment are expected to be substantial. 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: 8:03 AM
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Danna Givot commented on Regional Housing Needs Allocation goals by community planning area.

COUNCIL ACTION: Start Time: 8:02 PM
PUBLIC COMMENT-2:

U.S. Supreme Court Case No. 21-7947 Supreme Court of California Case No. S271848 commented on Amendment 14, Section I.

COUNCIL ACTION: Start Time: 8:04 PM
PUBLIC COMMENT-3:

David Engel commented on Petco Park rodeo.

COUNCIL ACTION: Start Time: 8:06 PM
PUBLIC COMMENT-4 (virtual):

Barbara Gordon requested a cap on number of tobacco retailers.

COUNCIL ACTION: Start Time: 8:08 PM
Minutes of the Council of the City of San Diego Page 12 for the Special Meeting of Monday, November 13, 2023
PUBLIC COMMENT-5 (virtual):

Francine Maxwell commented on equity under the audit office.

COUNCIL ACTION: Start Time: 8:10 PM
PUBLIC COMMENT-6 (virtual):

John Stump commented on expenditure records; and ethics reform.

COUNCIL ACTION: Start Time: 8:12 PM
PUBLIC COMMENT-7 (virtual):

Blair Beekman commented on open dialogue; and Ubicquia contract.

COUNCIL ACTION: Start Time: 8:14 PM
PUBLIC COMMENT-8 (virtual):

Becky Rapp commented on addiction recovery and homelessness.

COUNCIL ACTION: Start Time: 8:16 PM
PUBLIC COMMENT-9 (virtual):

Dan Smiechowski commented on changing government.

COUNCIL ACTION: Start Time: 8:18 PM
PUBLIC COMMENT-10 (virtual):

Peggy Walker commented on a smoke-free multi-unit housing policy.

COUNCIL ACTION: Start Time: 8:21 PM
PUBLIC COMMENT-11 (virtual):

Audra commented on government; and humanity.

Minutes of the Council of the City of San Diego Page 13 for the Special Meeting of Monday, November 13, 2023
COUNCIL ACTION: Start Time: 8:23 PM
PUBLIC COMMENT-12 (virtual):

Truth commented on MTS assaults; and ethics.

COUNCIL ACTION: Start Time: 8:25 PM
PUBLIC COMMENT-13 (virtual):

Joy Sunyata commented on chemical consent items; and Ubicquia contract.

COUNCIL ACTION: Start Time: 8:27 PM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

COMMENT
CITY CLERK COMMENT:

City Clerk Fuentes mentioned that the candidate nominating period for the 2024 Primary Election for Council Districts 1, 3, 5, 7, and 9, as well as City Attorney and Mayor, began on November 8th. She reminded those interested in being candidates must appear in the Office of the City Clerk to obtain nomination papers from 8:00 a.m. to 5:00 p.m., Monday – Friday, and can begin submitting nomination papers November 16th, with the deadline to submit December 7th at 5:00 p.m. City Clerk Fuentes shared that anyone interested in running for any of these offices, please contact the Clerk’s office at 619-533-4000 or [email protected].

COUNCIL ACTION: Start Time: 2:05 PM
Item 600: Safe Sidewalks Program and Sidewalk Repair Permit Fee Holiday.

Total Estimated Cost of Proposed Action and Funding Source:

Please see Staff Report.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 14 for the Special Meeting of Monday, November 13, 2023
Proposed Actions:

Subitem-A: (R-2024-173) ADOPTED AS RESOLUTION R-315215
Resolution determining that the waiver of sidewalk repair fees for the Safe Sidewalk Repair Program from Fiscal Year 2024 through Fiscal Year 2026 is categorically exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines.

Subitem-B: (R-2024-174 Cor. Copy 2) ADOPTED AS RESOLUTION R-315216 Resolution waiving sidewalk repair permit fees for the Safe Sidewalks Repair Program from Fiscal Year 2024 through Fiscal Year 2026.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.

ACTION: Motion by Chair Lee, 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.

Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 2:07 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; Nay: Monica Montgomery Steppe, Vivian Moreno, Sean Elo-Rivera; Recused: (None);
Not Present: Raul A. Campillo.

Item 601: Recommend Adoption of the Proposed Amendments to the Land Development Code, Local Coastal Program, and Resolution R-313282 (Neighborhood Enhancement Fund) to Implement Housing Action Package 2.0.

Total Estimated Cost of Proposed Action and Funding Source:

Costs associated with implementation of this ordinance would be covered by project applicants.

Minutes of the Council of the City of San Diego Page 15 for the Special Meeting of Monday, November 13, 2023
Council District(s) Affected: Citywide.

Proposed Actions:

This action proposes the adoption of the Housing Action Package 2.0. The Housing Action Package 2.0 (HAP 2.0) aims to implement new state law relating to parking minimums, align existing city housing programs with state law, and incentivize and promote new housing opportunities throughout the city that San Diegans of all income levels can afford. Ordinance amending the Land Development Code and Local Coastal Program and a Resolution amending the Neighborhood Enhancement In Lieu Fee.

Subitem-A: (O-2024-41 Cor. Copy) NOTED AND FILED
Introduction of an Ordinance amending Chapter 11, Article 3, Division 1 of the San Diego Municipal Code by amending Section 113.0103; amending Chapter 12, Article 7, Division 1 by amending Section 127.0108 and adding Section 127.0112; amending Chapter 13, Article 1, Division 4 by amending Sections 131.0420, 131.0422, and 131.0449; amending Chapter 13, Article 1, Division 5 by amending Section 131.0522; amending Chapter 13, Article 1, Division 7 by amending Section 131.0707; amending Chapter 14, Article 1, Division 3 by retitling and amending Sections 141.0302 and 141.0305 and adding Section 141.0319; amending Chapter 14, Article 2, Division 5 by amending Sections 142.0501, 142.0505, 142.0520, and 142.0525, retitling and amending Section 142.0528, amending Section 142.0530, and retitling and amending Section 142.0531; amending Chapter 14, Article 2, Division 6 by amending Section 142.0640; amending Chapter 14, Article 2, Division 13 by amending Section 142.1304; amending Chapter 14, Article 3, Division 7 by amending Sections 143.0720, 143.0740, 143.0745, and 143.0746, and adding Section 143.0747; amending Chapter 14, Article 3, Division 8 by amending Sections 143.0810, 143.0815, 143.0820, 143.0830, 143.0840, 143.0850, and 143.0860; amending Chapter 14, Article 3, Division 10 by amending Sections 143.1005, 143.1010, 143.1015, and 143.1025; amending Chapter 14, Article 3, Division 12 by amending Sections 143.1201 and 143.1203, repealing Section 143.1205, and amending Sections 143.1207 and 143.1212; amending Chapter 14, Article 4, Division 5 by amending Section 144.0505, all relating to the Homes for All of Us: Housing Action Package 2.0 Land Development Code Amendment.

Subitem-B: (R-2024-172) NOTED AND FILED
Resolution amending the Neighborhood Enhancement In Lieu Fee.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on September 21, 2023.

ACTION: Motion by Committee Member Whitburn, second by Committee Member Lee. to recommend Council approval of staff's proposed actions with the following amendments:

Minutes of the Council of the City of San Diego Page 16 for the Special Meeting of Monday, November 13, 2023

1. The development impact fees for dwelling units that do not exceed 500 square feet in the proposed SDMC Sec. 143.I0I0(f) will take effect on January 1, 2025. However, the fee rates for units containing at least three bedrooms will take effect at the otherwise applicable earlier effective date.

2. City staff conduct a study to determine the environmental and economic effect of the following:

A comparison of the effect of proposed distance requirements for previously conforming and incompatible uses in revisions to Municipal Code Section §127.0112(a) to the distance requirements of 300 ft., 500 ft. and 1000 ft., as proposed by Environmental Health Coalition.

A comparison of the effect of the proposed list of previously conforming and incompatible uses near sensitive receptors in revisions to Municipal Code Section §127.0112(a) to additional uses as listed, as proposed by Environmental Health Coalition:

Warehouses; Distribution facilities; Heavy/light Manufacturing; Welding; Commercial/Personal Vehicle Repair and Maintenance; Recycling facilities (medium to small); Agricultural processing; Building supplies and equipment.

3. A comparison of the proposed sensitive receptors to an expanded list that includes schools, daycares, parks and medical facilities, as proposed by Environmental Health Coalition.

VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.

Planning: Jeffrey Ryan, (619) 533-3945
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 3:03 PM
Public testimony by Geoffrey Hueter, Hannah Gbeh, Gayle Viamonte, Maria Severson, Jordan Latchford, Susan Baldwin, Wesley Morgan, Coleen Cusak, Erin Tsurumoto Gracsi, Genavieve Koenigshofer, Alexander Ross, Daniel Alejandro Soria, Catherine Rodman, Evan Strawn, Andrew Malik, Saad Asad, Aiden Metcalfe, Kate Callen, Dave Nicolas, Rik Mandel, Angeli Hoyos, Robert Campbell, Marry Young, John Brady, Paul Krueger, Nicole Lilly, Masaki Mendoza, Danna Givot, David Moty, Will Moore, Martin Veprauskas, Denisse Newell, Johney Lee Dang, Michael Aguirre, Sally Smull, Brad Venture, Sparky Mitra, John Allen, Maritza Garcia, Levi Giafaglione, Joy Sunyata, John Stump, Samuel Tsoi, Pat S., Andrea Hetheru, Truth, Laura, Dan Smiechowski, Al Del Mastro, Trevor Cappa, Francine Maxwell, Craig Benedetto, Dante Golden, Sandy Myskowski, Vanna Hoang, Audra, Manny Rodriquez, Ryan Clumper, and Blair Beekman.

Motion by Sean Elo-Rivera to introduce the ordinance in Subitem A as amended by interlineation to: 1) Revise the language in Section 142.0640(b)(4) to read: “For development utilizing the Complete Communities: Housing Solutions Regulations in Chapter 14, Article 3, Division 10, all covenant-restricted affordable dwelling units and dwelling units that do not exceed 500 square feet and dwelling units that contain at least three bedrooms are exempt from DIFs”; 2) Revise the language in Section 143.1010(f) to read: “Waiver of Development Impact Fees for all Minutes of the Council of the City of San Diego Page 17 for the Special Meeting of Monday, November 13, 2023
covenant-restricted affordable dwelling units and all dwelling units that do not exceed 500 square feet and all dwelling units that contain at least three bedrooms that are covenantrestricted to households earning no more than 150 percent of the area median income, where each dwelling unit in the development is under only one lease agreement per dwelling unit, and where if the development provides a residential density that is at least 120 percent of the maximum permitted density of the applicable base zone or Planned District”; 3) Revise the language in Section 143.1015(a)(7)(A) to read: ”(A) The required rental dwelling units shall be located on a receiver site that is located within: (i) A Sustainable Development Area; and (ii) The following Resource Opportunity Area identified by the California Tax Credit Allocation Committee when the development application is deemed complete: High Resource Opportunity Areas. Highest Resource Opportunity Areas. Moderate Resource Areas if located in the same community planning area and City Council District, or within one mile of the premises of the development. (B) The required rental dwelling units shall be located on a receiver site that meets all of the regulations set out in Section 143.1025(a) and (d). (C) The affordable dwelling units shall be comparable in bedroom mix and amenities to the market-rate dwelling units in the development, as determined by the San Diego Housing Commission. The square footage of the affordable dwelling units shall be equal or larger to the market-rate dwelling units, and interior features of the affordable dwelling units shall be good quality and consistent with current building standards for new housing in the City of San Diego”; 4) Delete Section 17; and 5) Direct City staff and the Independent Budget Analyst jointly to conduct an analysis of the use of the 500 sq ft DIF waiver and the Complete Communities Housing Solutions Regulations to understand the affordability of the units permitted or built since these programs have been in place and bring to Committee or Council by April 1, 2024; and adopt the resolution in Subitem B. Second by Kent Lee.

No action taken due to the following vote:

Yea: Joe LaCava, Kent Lee, Vivian Moreno, Sean Elo-Rivera; Nay: Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert; Recused: (None);
Not Present: Raul A. Campillo.

Motion by Stephen Whitburn to introduce the ordinance in Subitem A; and adopt the resolution in Subitem B. Second by Marni von Wilpert.

Failed by the following vote:

Yea: Stephen Whitburn, Marni von Wilpert, Vivian Moreno; Nay: Joe LaCava, Jennifer Campbell, Monica Montgomery Steppe, Kent Lee, Sean Elo-Rivera; Recused: (None);
Not Present: Raul A. Campillo.

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 18 for the Special Meeting of Monday, November 13, 2023

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 8:30 p.m.

COUNCIL ACTION: Start Time: 8:30 PM

San Diego City CouncilNovember 13, 2023

San Diego City Council
November 13, 2023