REVISED
CITY OF SAN DIEGO
COUNCIL AGENDA
COUNCIL PRESIDENT
Sean Elo-Rivera • Ninth District
COUNCIL PRESIDENT PRO TEM
Joe LaCava • First District
COUNCILMEMBERS
Jennifer Campbell • Second District
Stephen Whitburn • Third District
Vacant • Fourth District
Marni von Wilpert • Fifth District
Kent Lee • Sixth District
Raul A. Campillo • Seventh District
Vivian Moreno • Eighth District
Charles Modica Mara W. Elliott
Independent City Attorney
Budget Analyst
Diana J.S. Fuentes
City Clerk
City Administration Building
City Council Chambers- 12th Floor
202 C Street San Diego, CA 92101
Virtual Participation: https://sandiego.zoomgov.com/j/1607807743 To join by telephone: Dial 1-669-254 5252 + input Webinar ID: 160 780 7743 MONDAY, FEBRUARY 12, 2024, AT 10:00 AM and 2:00 PM
Monday, February 12, 2024
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FURTHER INFORMATION ON HOW TO PARTICIPATE IN THIS
MEETING IS FOUND AT THE END OF THE AGENDA
Joining the Webinar and Offering Phone-in Testimony
Members of the public may participate in City Council meetings in person or virtually using the Zoom Webinar platform. Members of the public can offer public comment on agendized items or during Non-Agenda Public Comment by accessing the meeting online using a desktop computer, laptop, tablet, or Smartphone, or by calling into the meeting using a Smartphone, cellular phone, or land line. To raise your hand via a phone-in please press *9 and unmute when the Clerk calls on you by pressing *6. If you are participating via the webinar platform please press the raise your hand icon and the unmute button when prompted.
Please click the link below to join the webinar:
https://sandiego.zoomgov.com/j/1607807743
To join by telephone: Dial 1-669-254 5252
When prompted, input Webinar ID: 160 780 7743
LATE-ARRIVING MATERIALS
Pursuant to the Brown Act, California Government Code Section 54957.5(b), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Council Chambers in the lobby of the 12th floor of the City Administration Building in a binder labeled “Late Arriving Materials” Late-arriving materials received during the City Council meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.
REQUESTS FOR ACCESSIBILITY MODIFICATIONS OR ACCOMMODATIONS As required by the Americans with Disabilities Act (ADA), requests for agenda information to be made available in alternative formats, and any requests for disability-related modifications or accommodations required to facilitate meeting participation, including requests for alternatives to observing meetings and offering public comment as noted above, may be made by contacting the City Clerk at (619) 533-4000 or mailto:[email protected]. The City is committed to resolving accessibility requests swiftly in order to maximize accessibility.
Requests for translation services to offer public comment may be made by contacting the City Clerk at (619) 533-4000 or email to: [email protected] . The City is committed to addressing language translation requests swiftly in order to maximize public participation. For more information on how to participate and comment on an issue at Council meetings, click this link.
Las solicitudes de servicios de traducción para ofrecer comentarios públicos se deberán hacer poniéndose en contacto con la City Clerk al (619) 533-4000 o por correo electrónico a:[email protected]. La ciudad se compromete a responder rápidamente a las solicitudes de traducción de idiomas con el fin de maximizar la participación del público. Para obtener más información sobre cómo participar y expresar comentarios sobre un asunto en las juntas del Concejo, haga clic en este enlace.
Upang kayo ay matulungan na maisalin sa wikang Ingles ang inyong mga puna, mungkahi, o komento para sa Bayan ng San Diego, maaari pong makipag-ugnayan sa City Clerk sa telepono Monday, February 12, 2024
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(619-533-4000) o email ([email protected]). Hangad ng Pamahalaang Bayan ng San Diego ang inyong pakikilahok sa usapang pambayan at handa itong magbigay ng agarang tulong na kinakailangan sa pagsasaling-wika ng inyong mga komento. Para sa higit pang impormasyon tungkol sa kung paano sumali at magbigay ng komento sa item sa mga pagpupulong ng Konseho, mangyaring i-click ang sumusunod na link.
Cần dịch vụ thông dịch để phát biểu ý kiến trước công chúng, xin hãy liên hệ với City Clerk (Thư Ký Thành Phố) theo số (619) 533-4000 hoặc email đến [email protected]. Thành phố cam kết sẽ giải quyết các yêu cầu thông dịch một cách nhanh chóng để gia tăng sự tham dự của công chúng. Để biết thêm thông tin về cách tham gia và đưa ra ý kiến về một mục tại các cuộc họp của Hội đồng, xin vui lòng nhấp vào liên kết dưới đây.
يمكن تقديم طلبات خدمات الترجمة لتقديم تعليقات عامة عن طريق الاتصال بكاتب المدينة على (619) 533-4000 أو mailto: [email protected] بمعالجة المدينة تلتزم طلبات الترجمة اللغوية بسرعة من أجل زيادة المشاركة العامة .لمزيد من المعلومات حول كيفية المشاركة والتعليق على أي موضوع في اجتماعات المجلس، يرجى الضغط على الرابط التالي パブリックコメントを要求するための翻訳サービス依頼は、市の書記（電話：619-533-4000ま
たはメール：mailto:[email protected]）に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
審議会の参加方法や議案への意見提供方法についての詳細は、以下のリンクをクリックしてく
ださい。
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-4000 또는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다. 시의회 회의에 참여하는 것과
안건 항목에 대해 의견을 제의하는 것에 관한 자세한 정보를 원하시면 다음의 링크를 클릭하십시
오.
為了鼓勵更多市民參與 '公眾意見'， 市政府設定了快捷的中文翻譯服務。 如你有任何關於 '公開
意見' 想發表， 請致電: (619) 533-4000， 或電郵 [email protected] 我們會為你翻譯。有 关如何参加市议会会议并就项目发表意见的更多信息，请点击以下链接。
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກ
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ
ກກກກກກກກກກກກກກກກກກກກກກ
NOTICE: THE CITY COUNCIL MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY STAFF DO NOT LIMIT ACTIONS THAT THE CITY COUNCIL MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON
THE RECOMMENDATIONS OF STAFF AS DETERMINATIVE OF THE ACTION THE CITY COUNCIL MAY TAKE ON A PARTICULAR MATTER.
MONDAY, FEBRUARY 12, 2024 AT 10:00 AM
Monday, February 12, 2024
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ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON CLOSED SESSION
CLOSED SESSION PUBLIC COMMENT IS TAKEN DURING THE 10 AM MORNING PORTION OF THE AGENDA. THE COUNCIL ADJOURNS INTO CLOSED SESSION AT THE CONCLUSION OF THE
CLOSED SESSION PUBLIC COMMENT AND RESUMES THE PUBLIC PORTION OF THE MEETING AT 2 PM.
PLEASE NOTE: Non-Agenda Public Comment will only be taken during the afternoon portion of the agenda at the conclusion of all informational/discussion items.
Monday, February 12, 2024
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MONDAY, FEBRUARY 12, 2024 AT 2:00 PM
ROLL CALL
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
INFORMATIONAL ITEMS
Item 200: City of San Diego Fiscal Years 2025-2029 Five-Year Capital Infrastructure Planning Outlook.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions: This item is informational only.
Committee Actions Taken: N/A
Engineering & Capital Projects: Rania Amen, (619) 533-6667
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 201: Fiscal Year 2023 Annual Comprehensive Financial Report (ACFR).
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures required with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-275)
Resolution receiving and filing the Fiscal Year 2023 Annual Comprehensive Financial Report of the City.
Committee Actions Taken:
This item was heard at the Audit Committee meeting on January 24, 2024.
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Monday, February 12, 2024
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ACTION: Motion by Chair Moreno, second by Committee Member Maffia, to recommend Council approval of staff’s proposed actions.
VOTE: 5-0; Moreno-yea, Whitburn- yea, Halpern-yea, Maffia-yea, Tabshouriyea.
Department of Finance: William Weisman, (619) 236-6397
City Attorney Contact: Bret A. Bartolotta
Item S400: FY 2025 Updated City Council Budget Priorities. (Added 2/8/24) This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-335)
Resolution accepting the Independent Budget Analyst's Fiscal Year 2025 Revised Updated Report on City Council Budget Priorities and directing that the report, along with updated Councilmembers' Budget Priority Memoranda, be delivered to the Mayor's Office for consideration in preparing the Fiscal Year 2025 Budget.
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on February 7, 2024.
ACTION: Motion by Vice Chair Moreno, second by Committee Member LaCava, to recommend Council approval of staff’s proposed actions with the following additions:
a. “Funding for an enhanced storm water maintenance program that takes aggressive action to clear, maintain and upgrade storm water channels in close proximity to underserved neighborhoods, including creation of a Chollas Creek Stormwater CIP.”
b. Include the ED&IR Committee’s recommendation on the use of the Council discretionary 1% of the 10.5% of the TOT to bring arts and culture to
6.5% of total TOT revenue.
c. Prioritizing flood disaster response and recovery, including but not limited to staff time and a potential waiving of fees, that would assist those impacted by the floods, particularly in underserved communities.
VOTE: 4-0; Lee-yea, Moreno-yea, Elo-Rivera-yea, LaCava-yea.
Monday, February 12, 2024
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This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on January 10, 2024.
ACTION: Motion by Chair Campillo, second by Committee Member Campbell,to approve the Economic Development and Intergovernmental Relations Committee’s recommendation for the FY 2025 Council recommendation on its preferred use of the 1% of the 10.5% Transient Occupancy Tax, and forward it to the Budget and Government Efficiency Committee for consideration as follows:
6.5% of total TOT revenue for Arts, Culture and Community Festivals ($21.5 million per current projections) –
Remaining funds to balance General Fund needs ($10 million per current projections)
Request that the Office of the Independent Budget Analyst transmit this recommendation to the Budget and Government Efficiency Committee as part of its February 7, 2024, discussion on the Council’s updated Budget Priorities Resolution.
VOTE: 3-0; Campillo-yea, Lee-yea, Campbell-yea.
Office of the Independent Budget Analyst: Lisa Byrne, (619) 236-5917 City Attorney Contact: Bret A. Bartolotta
Monday, February 12, 2024
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Item S401: Waiver of City Fees associated with January 22, 2024 storm damage. (Added 2/9/24)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Please refer to the Fiscal Considerations section of the Staff Report.
Council District(s) Affected: 4, 8, 9.
Proposed Actions:
(R-2024-353)
Resolution waiving demolition, building permit fees and the refundable construction and demolition removal deposit and submission of waste management form for those impacted by the January 22, 2024 storm, establishment of Debris Assessment Program, and the identification of funds to reimburse the waived fees.
Committee Actions Taken: N/A
Development Services: Elyse Lowe, (619) 446-5423
City Attorney Contact: William Smith
ADOPTION AGENDA
Item 202: California Coastal Commission Modifications of the 2020 Land Development Code Update to the San Diego Municipal Code and Local Coastal Program.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures being authorized with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-58)
Introduction of an Ordinance amending Chapter 14, Article 1, Division 4 of the San Diego Municipal Code by amending Section 141.0421; and amending Chapter 14, Article 2, Division 5 by amending Section 142.0530 relating to accepting the California Coastal Commission’s suggested modifications for DISCUSSION, NOTICED HEARINGS:
Monday, February 12, 2024
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certification of the 2020 San Diego Land Development Code Update/Municipal Code Update.
Committee Actions Taken: N/A
Planning: Victoria Ortiz, (619) 236-6091
City Attorney Contact: Corrine Neuffer
Item 203: California Coastal Commission Modifications to the 2021 Land Development Code Update to the San Diego Municipal Code and Coastal Program.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures being authorized with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
This action proposes to amend the Municipal Code and Local Coastal Program to adopt the California Coastal Commission’s requested modifications to the 2021 Land Development Code Update. The City Council adopted the 2021 Land Development Code Update on January 11, 2022. State law requires the California Coastal Commission's certification of amendments to the Local Coastal Program before they can take effect in the Coastal Zone. The California Coastal Commission conditionally certified the 2021 Land Development Code Update and amendments to the Local Coastal Program with two modifications on September 7, 2023. For the 2021 Land Development Code Update to take effect within the Coastal Zone, the City Council must adopt the modifications. (O-2024-63)
Introduction of an Ordinance amending Chapter 14, Article 2, Division 5 by amending Section 142.0528; and amending Chapter 14, Article 2, Division 7 by amending Section 142.0740, relating to the 2021 San Diego Land Development Code/Municipal Code Update.
Committee Actions Taken: N/A
Planning: Victoria Ortiz, (619) 236-6091
City Attorney Contact: Lauren Hendrickson
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket will be taken at the time the item is heard.) Monday, February 12, 2024
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Monday, February 12, 2024
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PUBLIC NOTICES
Items are listed under Public Notices as a matter of public record only. These items do not require Council action and there is no public testimony.
Item 250: Submission of Ballot Proposals for the November 5, 2024 Ballot.
SUBMISSION OF BALLOT PROPOSALS
FOR THE NOVEMBER 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 November 5, 2024 election.
DATE
DAYS
BEFORE
ELECTION
EVENT
Friday, March 29, 2024 221
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Thursday, April 18, 2024 201
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, June 5, 2024 153
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, June 10, 2024 148
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, August 9, 2024 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, February 12, 2024
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Monday, August 12, 2024 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, August 14, 2024 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 email at [email protected]
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Monday, February 12, 2024
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HOW TO SPEAK TO A PARTICULAR ITEM OR DURING NON-AGENDA PUBLIC COMMENT:
Members of the public shall be given the opportunity to address the Council. The Council President may reduce the amount of time available to each speaker to appropriately manage the meeting and ensure the Council has time to consider all the agenda items. A member of the public may only provide one comment per agenda item.
Pursuant to the Levine Act (Gov’t Code Section 84308), any party to a permit, license, contract (other than competitively bid, labor or personal employment contracts) or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any Council Member. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party or participant and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.
In-Person Comment on Agenda Items
Each speaker must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak indicating which item they wish to speak on. Speaker slips may not be turned in prior to the day of the meeting or after completion of in-person testimony.
In person testimony will conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if they represent an organization or another person.
Each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes, in addition to any time ceded by other members of the public who are present at the meeting and have submitted a speaker slip ceding them time. These speaker slips should be submitted together at one time to the City Clerk. The Council President may also limit organized group presentations of five or more persons to 15 minutes or less.
Virtual Public Comment on Agenda Items
Members of the public may participate virtually (by telephone or internet streaming) as indicated below. Speakers who wish to provide virtual public comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.
Each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes. Speakers participating virtually may not allocate their time to other speakers and may not share video or visual aids (i.e. pdf, ppt, docs) during their comment period.
Quasi-Judicial Items. Organized group presentations for quasi-judicial items will be allowed up to 15 minutes per side to speak either for or against an item for a total of 30 minutes. If more than one group on the same side requests an organized presentation, the 15 minutes will be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.
Non-Agenda Public Comment
Every agenda for a regular Council meeting shall provide a period on the agenda for members of the public to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. Non-Agenda Public Comment shall be subject to the exercise of the Council President’s discretion for a given agenda.
Monday, February 12, 2024
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In order to ensure that the Council has time to consider all agenda items, Non-Agenda Public Comment on particular issues and for each individual speaker will be as follows:
Each speaker will be limited to two minutes. Speakers may not allocate their time to other speakers. If there are eight or more speakers on a single issue, the maximum time for the issue will be 16 minutes. The order of speaking generally will be determined on a first-come, firstserved basis, however, priority may be given to speakers who have not addressed the legislative body during Non-Agenda Public Comment at the last regularly scheduled Council meeting. A member of the public may only provide one non-agenda comment per agenda.
If providing comment in person, please submit your speaker slip and any visual aids to the City Clerk. In-person testimony shall conclude before virtual testimony begins.
Speakers who wish to provide virtual Non-Agenda Public Comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first. Those participating virtually may not share video or visual aids (i.e. pdf, ppt, docs) during their non-agenda comment period.
Please note: On Mondays, Non-Agenda Public Comment is taken during the 2pm session after all discussion items are complete. On Tuesday’s non-agenda public comment is taken during the 10am session.
Comment on Agenda Items, Non-Agenda Public Comment, and Closed Session Public Comment may also be submitted using the webform indicating the comment type and item number (if relevant) for which you wish to submit your comment. Comments received by 8:00 AM the day of the meeting will be distributed to the City Council and posted online with the meeting materials. All webform comments are limited to 500 words but may include attachments. Comments received after 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.
Written Materials. Instead of submitting written materials as an attachment to the webform you may submit via U.S. Mail to the City Clerk’s attention at 202 C Street, MS2A San Diego, CA 92101. Materials submitted via U.S. Mail must be received one business day prior to the meeting to be distributed to the City Council. Comments received via U.S. Mail on the day of the meeting will be submitted into the written record for the relevant item.
The public may view the meetings on public television (within the City of San Diego only) on City TV Channel 24 for Cox Communications and Spectrum or Channel 99 for AT&T U-Verse, or view the meetings online (link is external)