THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JANUARY 9, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................7 SPECIAL ORDERS OF BUSINESS ...........................................................................................8 Item 30: Zeta Phi Beta Sorority, Incorporated Day ................................................................8 Item 31: San Diego District Tennis Association 50th Anniversary Month..................................8 Item 50: First Amendment to the Consulting Agreement with Nathan Page for the Cañon Street Pocket Park Public Art Project (H176929) ..............................................................................9 Item 51: Approval of the Second Amendment to the Contract and Master Service Agreement Between the City of San Diego and zColo, LLC for CoLocation Services ..................................10 Item 52: Establishment of Kearny Mesa and San Ysidro Community Parking Districts.............11 Item 53: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to Provide Continued Legal Services as Panel Outside Counsel ..............................................................13 Item 54: Modification Five to the Ground Lease between the City of San Diego and the United States of America for the Miramar Landfill............................................................................14 Item 55: Approval of the Joint Use Agreements Between the City and San Diego Unified School District for Audubon K-8, Dana Middle, Garfield Elementary, Language Academy, Marston Middle, and Standley Middle Schools ...................................................................................15 Minutes of Tuesday, January 9, 2024 Page 2
Table of Contents (Continued)
Item 56: 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 Item 100: Settlement of Samuel Ellis v. City of San Diego, San Diego Superior Court Case No. 37-2022-00032566-CU-PO-CTL, Claim No. 29108 .................................................................19 Item 101: Settlement of Brookie Rocha v. City of San Diego, et al., United States District Court Case No. 23cv00885-CAB-JLB, Claim No. 29254 ...................................................................20 Item 102: Appointment to the Balboa Park Committee ........................................................20 Item 103: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico...............................................................................21 Item 330: Authorization for the retention of Nixon Peabody LLP as Outside Counsel for Legal Matters Related to the City’s Sewer Utility............................................................................22 Item 331: Authorization for the Library Department to Accept, Appropriate, and Expend Grant Funding From the California State Library for Construction of the New Oak Park Branch Library ........................................................................................................................................23 Item 332: Authorize a Grant Agreement with the State Coastal Conservancy (SCC) to Accept Grant Funding for the Coastal Resilience Master Plan............................................................24 Item 333: All People's Church - Project No. 636444............................................................25 Item S500: Casbah Day.....................................................................................................27 Item S501: This item was removed from the Agenda...........................................................28 Item S502: Amendments to the Appointments of Mayor Todd Gloria and Councilmembers to SANDAG Regional Planning Committee for Calendar Year 2024 .............................................28 Item S503: Resolution in Support of California Proposition 1, the Behavioral Health Services Program and Bond Measure, on the March 2024 Statewide Election.......................................29 Item S504: Jodee Brentlinger Day......................................................................................29 Item S505: 50th Annual Christmas Tree Recycling Month ....................................................30 Item S506: San Diego Karen New Year Day........................................................................31 REPORT OUT FROM CLOSED SESSION................................................................................31 ADJOURNMENT .................................................................................................................32 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Tuesday, January 9, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:03 a.m. Councilmember von Wilpert arrived to the meeting at 10:33 a.m. The meeting was recessed by Council President Elo-Rivera at 11:41 a.m. for the noon recess to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:05 p.m. with Council District 4 vacant. Council President Elo-Rivera recessed the meeting at 5:44 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 5:55 p.m. with Council District 4 vacant. The meeting was adjourned by Council President Elo-Rivera at 6:05 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Pro Tem Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 vacant
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 (cp/gs)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) vacant
(5) Councilmember von Wilpert-not present
(6) Councilmember Lee-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 4
for the Regular Meeting of Tuesday, January 9, 2024
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campbell.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Erin Evans commented on rodeo at Petco Park.
COUNCIL ACTION: Start Time: 11:12 AM
PUBLIC COMMENT-2:
Amit Dhuleshia commented on rodeo.
COUNCIL ACTION: Start Time: 11:14 AM
PUBLIC COMMENT-3:
Brian Chavez commented on rodeo.
COUNCIL ACTION: Start Time: 11:15 AM
PUBLIC COMMENT-4:
Samantha Prude commented on rodeo.
COUNCIL ACTION: Start Time: 11:17 AM
PUBLIC COMMENT-5:
Michelle Walther commented on rodeo.
COUNCIL ACTION: Start Time: 11:19 AM
PUBLIC COMMENT-6:
Alex Enriquez commented on rodeo.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, January 9, 2024
COUNCIL ACTION: Start Time: 11:22 AM
PUBLIC COMMENT-7:
Dan Smiechowski commented on immigration.
COUNCIL ACTION: Start Time: 11:24 AM
PUBLIC COMMENT-8 (virtual):
Terri-Ann Skelly commented on mental disorders from drug abuse.
COUNCIL ACTION: Start Time: 11:26 AM
PUBLIC COMMENT-9 (virtual):
Blair Beekman commented on accountability and openness.
COUNCIL ACTION: Start Time: 11:28 AM
PUBLIC COMMENT-10 (virtual):
Peggy Walker commented on black market marijuana businesses.
COUNCIL ACTION: Start Time: 11:30 AM
PUBLIC COMMENT-11 (virtual):
Becky Rapp commented on marijuana industry.
COUNCIL ACTION: Start Time: 11:32 AM
PUBLIC COMMENT-12 (virtual):
Kelly McCormick commented on fentanyl and marijuana.
COUNCIL ACTION: Start Time: 11:34 AM
PUBLIC COMMENT-13 (virtual):
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, January 9, 2024
Judi Strang commented on a ban of flavored tobacco and marijuana.
COUNCIL ACTION: Start Time: 11:36 AM
PUBLIC COMMENT-14 (virtual):
William Dorsett commented on auditing laws; and buskers and artists.
COUNCIL ACTION: Start Time: 11:38 AM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.
SPECIAL ORDERS OF BUSINESS
None.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 30: Zeta Phi Beta Sorority, Incorporated Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
APPROVED
Proclaiming January 19, 2024, to be “Zeta Phi Beta Sorority, Incorporated Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.
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);
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, January 9, 2024
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 31: San Diego District Tennis Association 50th Anniversary Month.
COUNCIL PRESIDENT PRO TEM LACAVA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
APPROVED
Proclaiming the month of January 2024, to be “San Diego District Tennis Association 50th Anniversary Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.
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: (None);
Vacant: District 4.
Item 50: First Amendment to the Consulting Agreement with Nathan Page for the Cañon Street Pocket Park Public Art Project (H176929).
Total Estimated Cost of Proposed Action and Funding Source:
This action appropriates $6,600 from the Peninsula Urban Community Development Impact Fees (DIF) Fund, for a total project amount of $36,600.
Council District(s) Affected: 2.
Proposed Actions:
(O-2024-32) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 23, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Consulting Agreement with artist Nathan Page, extending the Consulting Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, January 9, 2024
Agreement through May 1, 2026, in connection with the Cañon Street Pocket Park Public Art Project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on December 6, 2023.
ACTION: Motion by Committee Member Campbell, second by Committee member Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campillo-yea, Campbell yea, Lee-yea.
Commission for Arts and Culture: Christine Jones, (619) 236-6661 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item 51: Approval of the Second Amendment to the Contract and Master Service Agreement Between the City of San Diego and zColo, LLC for CoLocation Services.
Total Estimated Cost of Proposed Action and Funding Source:
This action increases the not-to-exceed amount of the contract by $900,000 from $3,100,000 to $4,000,000. Expenditures will be made, Citywide, from General and Non-General fund sources, as needed.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 12/5/2023, Item 50 (Council voted 8-0, District 4-Vacant):
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, January 9, 2024
(O-2024-44) ADOPTED AS ORDINANCE O-21753 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the Second Amendment to the Agreement with zColo, LLC, for data center colocation services. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on November 17, 2023.
ACTION: Motion by Chair Montgomery Steppe, second by Vice Chair Moreno, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-not present.
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item 52: Establishment of Kearny Mesa and San Ysidro Community Parking Districts.
Total Estimated Cost of Proposed Action and Funding Source:
No budgetary adjustments are included as part of this action. Future funding for the community parking districts will be considered as part of the Fiscal Year 2025 annual budget process.
Council District(s) Affected: 6, 8.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, January 9, 2024
Adopt the following Ordinance which was introduced on 12/5/2023, Item 60, Subitem B, (Council voted 8-0, District 4-Vacant):
(O-2024-40) ADOPTED AS ORDINANCE O-21754 (New Series)
Ordinance of the Council of the City of San Diego establishing parking meter zones in Kearny Mesa and San Ysidro Community Parking Districts.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.
ACTION: Motion by Committee Member Montgomery Steppe, 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.
Sustainability and Mobility: Krystal Ayala, (619) 236-7079 City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item 53: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to Provide Continued Legal Services as Panel Outside Counsel.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed Second Amendment to the LSA is an increase of $250,000, for a contract total amount not-to-exceed $750,000. Funding will come from Municipal Sewer for time spent on Allred, or from Water Fund for time spent on Patz.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, January 9, 2024
Proposed Actions:
Adopt the following Ordinance which was introduced on 12/5/2023, Item 331, (Council voted 8- 0, District 4-Vacant):
(O-2024-35 Cor. Copy) ADOPTED AS ORDINANCE O-21755 (New Series) Ordinance authorizing the Second Amendment to the legal services agreement between the City and Colantuono, Highsmith & Whatley, PC to increase the total not-to-exceed amount to $750,000 from $500,000. The $250,000 increase is necessary to continue work the Law Firm is currently performing on behalf of the City, which includes defending the City in the active litigation matter Allred v. City of San Diego, a Proposition 218 case challenging the City’s fee structure for the Industrial Wastewater Control Program. The firm will also assist the City in defending the lawsuit Patz v. City of San Diego, a case challenging the City’s tiered rate structure for water rates.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-5800 City Attorney Contact: M. Travis Phelps
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item 54: Modification Five to the Ground Lease between the City of San Diego and the United States of America for the Miramar Landfill.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: 6.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, January 9, 2024
Proposed Actions:
Adopt the following Ordinance which was introduced on 12/11/2023, Item 600, (Council voted 8-0, District 4-Vacant):
(O-2024-47) ADOPTED AS ORDINANCE O-21756 (New Series)
Ordinance approving a Fifth Modification to the Ground Lease with the United States Department of the Navy for the Miramar Landfill
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Karen Johnson, (619) 236-6191 City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item 55: Approval of the Joint Use Agreements Between the City and San Diego Unified School District for Audubon K-8, Dana Middle, Garfield Elementary, Language Academy, Marston Middle, and Standley Middle Schools.
Total Estimated Cost of Proposed Action and Funding Source:
The City’s annual maintenance of these joint use facilities per the terms of the agreements is included in the current Parks and Recreation Annual Department Budget.
The City's one-time expense for the Language Academy synthetic turf replacement project is included in the Parks and Recreation FY 24 Annual Department Budget.
Council District(s) Affected: 2, 3, 4, 6, 9.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, January 9, 2024
Adopt the following Ordinance which was introduced on 12/12/2023, Item 60, Subitem A, (Council voted 8-0, District 4-Vacant):
(O-2024-45 Cor. Copy) ADOPTED AS ORDINANCE O-21757 (New Series) Ordinance authorizing the Mayor, or his designee, to enter into Agreements with the San Diego Unified School District to provide operation, maintenance, and use of joint use facilities at 6 schools in San Diego (Audubon K - 8, Dana Middle School, Garfield Elementary School, Marston Middle School, Stanley Middle School, and the Language Academy). 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on November 02, 2023.
ACTION: Motion by Committee Member Whitburn, second by Vice Chair Elo-Rivera, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campbell-yea, Elo-Rivera-yea, Whitburn-yea, Campillo-not present.
Parks & Recreation: Shannon Scoggins, (619) 236-6894
City Attorney Contact: Catherine Morrison
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item 56: 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:
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, January 9, 2024
Costs associated with implementation of this ordinance would be covered by project applicants.
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 12/12/2023, Item 335, Subitem A, (Council voted 7-1, Councilmember Campbell-nay, District 4-Vacant):
This action proposes the adoption of the Housing Action Package 2.0 (HAP 2.0). HAP 2.0 amends the San Diego Municipal Code by implementing recently adopted state law, revising accessory dwelling unit regulations, and amending existing affordable housing programs, including, but not limited to, Complete Communities Housing Solutions, to encourage new homes on public and private land and for a variety of housing product types, including families, students, and individuals. HAP 2.0 also phases out previously conforming incompatible uses located near residential uses within the San Diego Promise Zone. Ordinance amending the Land Development Code and Local Coastal Program, Resolution amending the Neighborhood Enhancement In Lieu Fee, and Resolution determining the approval of amendments revising the City’s Accessory Dwelling Unit Home Density Program is exempt from the California Environmental Quality Act pursuant to Section 15282(h). (O-2024-41 Rev. Cor. Copy 5) ADOPTED AS ORDINANCE O-21758 (New Series) 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.
Committee Actions Taken:
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, January 9, 2024
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:
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: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean EloRivera; Nay: Jennifer Campbell;
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, January 9, 2024
Item 100: Settlement of Samuel Ellis v. City of San Diego, San Diego Superior Court Case No. 37-2022-00032566-CU-PO-CTL, Claim No. 29108.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $275,000 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-233) ADOPTED AS RESOLUTION R-315301
Resolution authorizing the settlement of Samuel Ellis v. City of San Diego, San Diego Superior Court Case No. 37-2022-00032566-CU-PO-CT, related to claim of personal injury arising from an alleged dangerous condition in front of 3059 Ocean View Boulevard in the City of San Diego on September 11, 2021. Risk Claim No. 29108.
Committee Actions Taken: N/A
Office of the City Attorney: Dave E. Abad, (619) 533-5821 City Attorney Contact: Dave E. Abad
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item 101: Settlement of Brookie Rocha v. City of San Diego, et al., United States District Court Case No. 23cv00885-CAB-JLB, Claim No. 29254.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $78,000 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, January 9, 2024
(R-2024-227) ADOPTED AS RESOLUTION R-315302
Resolution authorizing the settlement of Brookie Rocha v. City of San Diego, et al., United States District Court, No. 23cv00885-CAB-JLB, alleging injuries as a result of a failure to provide medical care following the application of pepper spray on March 7, 2022. Claim No. 22819.
Committee Actions Taken: N/A
Office of the City Attorney: Jacqueline J. McQuarrie, (619) 533-5910 City Attorney Contact: Jacqueline J. McQuarrie
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item 102: Appointment to the Balboa Park Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: Outside City Limits
Proposed Actions:
(R-2024-266) ADOPTED AS RESOLUTION R-315303
Resolution confirming the Mayor's appointment of Timothy Shields to the Balboa Park Committee for a term ending March 1, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:06 AM
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, January 9, 2024
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item 103: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: N/A
Proposed Actions:
(R-2024-250) ADOPTED AS RESOLUTION R-315304
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item 330: Authorization for the retention of Nixon Peabody LLP as Outside Counsel for Legal Matters Related to the City’s Sewer Utility.
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, January 9, 2024
Total Estimated Cost of Proposed Action and Funding Source:
Compensation for as-needed outside counsel (OC) services in an amount not-to-exceed $560,000 over the 5-year term of the agreement will be payable from bond proceeds as a cost of issuance whenever possible, otherwise, the Sewer Enterprise Fund will bear the responsibility of paying invoices for OC services.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-267) ADOPTED AS RESOLUTION R-315306
Resolution authorizing the retention of Nixon Peabody LLP as Outside Counsel.
Committee Actions Taken: N/A
Office of the City Attorney: David Powell, (619) 235-5894 City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
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: (None);
Vacant: District 4.
Item 331: Authorization for the Library Department to Accept, Appropriate, and Expend Grant Funding From the California State Library for Construction of the New Oak Park Branch Library.
Total Estimated Cost of Proposed Action and Funding Source:
$9,090,913 of awarded State of California Grant funds will be deposited in and expended from Fund 600001 (Grant Funds State) for construction of CIP S-22011 (Oak Park Branch Library).
Council District(s) Affected: 4.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, January 9, 2024
(R-2024-265) ADOPTED AS RESOLUTION R-315307
Resolution authorizing the Mayor or designee to make application to the California State Library and take all necessary actions to secure funding in an amount not-to-exceed $9,090,913 in Fund 600001, for the construction of a new Oak Park Branch Library; Authorizing the Chief Financial Officer to increase the Capital Improvements Program Budget, and to accept, appropriate and expend an amount not-to-exceed $9,090,913, for the purpose of constructing a new Oak Park Branch Library, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.
Committee Actions Taken: N/A
Library: Raul Gudino, (619) 236-5889
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Marni von Wilpert.
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: (None);
Vacant: District 4.
Item 332: Authorize a Grant Agreement with the State Coastal Conservancy (SCC) to Accept Grant Funding for the Coastal Resilience Master Plan.
Total Estimated Cost of Proposed Action and Funding Source:
City Council authorization to accept this grant will result in grant funding up to, and not exceeding, $1,072,000 of SCC grant funds to support additional development and outreach for the City’s Coastal Resilience Master Plan. The City will provide $100,400 in matching funds, which is anticipated to be met with in-kind staff time matching funds from the City Planning Department’s General Fund budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-272) ADOPTED AS RESOLUTION R-315308
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, January 9, 2024
Resolution authorizing the acceptance, appropriation, and expenditure of State Coastal Conservancy grant funds for the Coastal Resilience Master Plan.
Committee Actions Taken: N/A
Planning/Environmental Analysis: Jordan Moore, (619) 236-5061 City Attorney Contact: Lindsey H. Sebastian
COUNCIL ACTION: Start Time: 11:02 AM
MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.
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: (None);
Vacant: District 4.
Item 333: All People's Church - Project No. 636444.
Total Estimated Cost of Proposed Action and Funding Source:
None with this action. All costs with the processing of this project are paid from a deposit account maintained by the applicant.
Council District(s) Affected: 7.
Proposed Actions:
General Plan and Community Plan Amendment; Planned Development Permit; Site Development Permit; Tentative Map; Revestment of Access Rights; and Easement Vacations to allow for the construction and operation of a 54,476-square-foot (SF), two-story church building and a 71,010 SF, two-level parking garage and surface parking areas on an approximately 5.99-acre site. The church use includes a 900-seat sanctuary space with accessory uses (i.e., Sunday school classrooms, offices, and a multi-purpose room/gym), and various site improvements, such as a traffic signal, hardscape improvements, landscaping, and utility connections (All Peoples Church Project).
Subitem-A: (R-2024-241 Cor. Copy) FAILED
Resolution Certifying Environmental Impact Report No. 636444/SCH No. 2021100394 and Adopt Findings, and a Mitigation, Monitoring, and Reporting Program for the All Peoples Church Project.
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, January 9, 2024
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2024-240) FAILED
Resolution approving an Amendment to the General Plan and the Navajo Community Plan for the All Peoples Church Project.
Subitem-B is not subject to the Mayor's veto.
Subitem-C: (R-2024-242) FAILED
Resolution granting Site Development Permit and Planned Development Permit for the All Peoples Church Project.
Subitem-C is not subject to the Mayor's veto.
Subitem-D: (R-2024-239 Cor. Copy) FAILED
Resolution approving the Tentative Map with Easement Vacations No.2292340 and revestment of access rights for the All Peoples Church Project.
Subitem-D is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Martha Blake, (619) 446-5375
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 2:21 PM
Public testimony by Barbara Blakeley, Robert Herber, Guido Knudson, Justin Rasas, Marcela Escobar-Eck, Betty McCar, John Sundt, Aaron Kelly, Parker Shinn, Ashley Osborn, Nick Taylor, Jason Weatherred, Daniel Hancock, Phil Palmer, Jarreau More, Jon Fererria, Howard Lee, Melanie Genovese, Mildred Valdez, Lisa Bridges, Eli Sumner, Keith Latham, Eric Ipocha, Archie Robinson, Daniel Peng, Frederick Stutz, Heather Riley, Bill Connell, Samuel Cottrell, Maggie Diamante, Terry Villarino, David Schwartz, Michael Kinnamon, Vincent Outlaw, Larry Dawson, Pamela Cotta, Nate Stein, Josh Billauer, Brian Gile, Steve Poliakoff, Christian Curiel, Stephanie Macceca, Jeff Schindler, Lisa Stein, Lauren Degheri, Sam Bagheri, Soraya Bagheri, Michael Livingston, Justin Suiter, Toni Grober, Joseph Colloca, Mike Vanmeter, Denisse Newell, Joseph Anthony Bustamante, Jorge Viramontes, Ricardo Sanchez, Jesse Garcia, Tamar Caspi, Shain Haug, Lance Grucela, Daniel Degheri, Sheri Rosenburg, Paula Berberick, Mark, unknown caller, Amanda Olgeirsson, Rachel Rothman, Michael Lovci, Jim Treglio, Mike Murray, Eden Lalouz, Zach Gellens, Camellia Mortezazadeh, Nick Wolf, Stacy Gilhooly, Wesley Morgan, and Claude DeBraude.
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, January 9, 2024
MOTION BY RAUL A. CAMPILLO TO REJECT STAFF’S RECOMMENDATION AND DENY THE PROJECT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Raul A. Campillo, Vivian Moreno;
Nay: Kent Lee, Sean Elo-Rivera;
Recused: (None);
Not Present: (None);
Vacant: District 4.
NOTE: The following Proclamation was NOT presented in Council Chambers.
Item S500: Casbah Day.
MAYOR GLORIA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
APPROVED
Proclaiming January 12, 2024, “Casbah Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.
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: (None);
Vacant: District 4.
Item S501: This item was removed from the Agenda.
Item S502: Amendments to the Appointments of Mayor Todd Gloria and Councilmembers to SANDAG Regional Planning Committee for Calendar Year 2024.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, January 9, 2024
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-282) ADOPTED AS RESOLUTION R-315305
Resolution of the Council of the City of San Diego amending appointments to the SANDAG Regional Planning Committee for Calendar Year 2024.
Committee Actions Taken: N/A
Council President’s Office: Luz Anaya Luna, (619) 236-6699 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert;
Vacant: District 4.
Item S503: Resolution in Support of California Proposition 1, the Behavioral Health Services Program and Bond Measure, on the March 2024 Statewide Election.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-274) ADOPTED AS RESOLUTION R-315309
Resolution supporting California Proposition 1, The Behavioral Health Services Program and Bond Measure, on the March 2024 Statewide Election.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, January 9, 2024
Council District 7: Carrie Shah, (619) 533-5906
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 2:06 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
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: (None);
Vacant: District 4.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item S504: Jodee Brentlinger Day.
COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:
APPROVED
Proclaiming January 2, 2024, to be “Jodee Brentlinger Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.
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: (None);
Vacant: District 4.
Item S505: 50th Annual Christmas Tree Recycling Month.
COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:
APPROVED
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, January 9, 2024
Proclaiming December 26, 2023 – January 23, 2024, to be “50th Annual Christmas Tree Recycling Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.
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: (None);
Vacant: District 4.
Item S506: San Diego Karen New Year Day.
MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, AND COUNCILMEMBER LEE'S RECOMMENDATION:
APPROVED
Proclaiming January 11, 2024, to be the “San Diego Karen New Year Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Jennifer Campbell.
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: (None);
Vacant: District 4.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, January 9, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:05 p.m.
COUNCIL ACTION: Start Time: 6:05 PM