THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 12, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................2 ATTENDANCE DURING THE MEETING...................................................................................2 ROLL CALL ..........................................................................................................................3 INVOCATION.......................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 CLOSED SESSION................................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................5 MAYOR, COUNCIL, CITY ATTORNEY, IBA, CITY CLERK COMMENT ..........................................7 Item 200: FY 2025-2029 Five-Year Capital Infrastructure Planning Outlook.............................7 Item 201: Fiscal Year 2023 Annual Comprehensive Financial Report (ACFR)............................8 Item 202: CCC Modifications of the 2020 LDC Update to the SDMC and LCP ...........................9 Item 203: CCC Modifications to the 2021 LDC Update and Coastal Program ..........................10 Item 250: Submission of Ballot Proposals for the November 5, 2024, Ballot...........................11 Item S400: FY 2025 Updated City Council Budget Priorities..................................................12 Item S401: Waiver of City Fees associated with January 22, 2024, storm damage .................14 REPORT OUT FROM CLOSED SESSION................................................................................15 ADJOURNMENT .................................................................................................................16 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, February 12, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:03 a.m. with Councilmember von Wilpert not present and Council District 4 vacant. Council President EloRivera recessed the meeting at 10:14 a.m. to convene the Special Housing Authority meeting.
Council President Elo-Rivera reconvened the regular meeting at 10:20 a.m. with Councilmember von Wilpert not present and Council District 4 vacant. The meeting was recessed by Council President Elo-Rivera at 10:21 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:02 p.m. with Council District 4 vacant. Councilmember Campillo left the meeting at 5:03 p.m. Councilmember Whitburn left the meeting at 5:59 p.m. Councilmember Moreno left the meeting at 6:10 p.m. Council President Elo-Rivera recessed the meeting at 6:52 p.m. to reconvene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 6:52 p.m. with Councilmember von Wilpert not present and Council District 4 vacant. The meeting was adjourned by Council President Elo-Rivera at 6:52 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 (km)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 12, 2024
(4) Council District 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
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campbell.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Mark Skeels v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2022-00019254-CU-OE-CTL Risk Management Department Claim File No.: 29296
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 12, 2024 DCA Assigned: D. E. Abad
Outside Counsel: J. McMullen, Gorden Rees Scully Mansukhani Plaintiff alleges his termination was unlawful and brings a retaliation cause of action under Labor Code section 1102.5 against the City. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Audra.
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, February 12, 2024
Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):
CS-2 Number of Cases: Multiple
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 12, 2024 SDCA Assigned: J. E. Taylor
The City Attorney’s Office will update the Mayor and City Council regarding the significant exposure to litigation arising from claims relating to the construction of the Pure Water projects.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Lori Saldaña and Audra.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-3 Daniel Vander Meer v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2020-00038094-CU-PA-CTL Risk Management Department Claim File No.: 24528
REFERRED TO CLOSED SESSION OF MONDAY, FEBRUARY 12, 2024 DCA Assigned: M. T. Neff
This case involves a car accident at the uncontrolled intersection of Catalina Boulevard and Del Mar Avenue in San Diego that Plaintiff claims was a dangerous condition. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Audra.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 12, 2024
U.S. citizen concerned with the integrity of the U.S. Constitution commented on the 14th Amendment applied to the 1st Amendment.
COUNCIL ACTION: Start Time: 6:29 PM
PUBLIC COMMENT-2:
Joy Sunyata commented on public comments.
COUNCIL ACTION: Start Time: 6:31 PM
PUBLIC COMMENT-3 (virtual):
Blair Beekman commented on future of equity and masks.
COUNCIL ACTION: Start Time: 6:33 PM
PUBLIC COMMENT-4 (virtual):
Lori Saldaña commented on public comment, budget priorities, and police.
COUNCIL ACTION: Start Time: 6:36 PM
PUBLIC COMMENT-5 (virtual):
Kathleen Lippitt commented on flood damages and marijuana.
COUNCIL ACTION: Start Time: 6:38 PM
PUBLIC COMMENT-6 (virtual):
Audra commented on item S401, illegals, and helping people.
COUNCIL ACTION: Start Time: 6:40 PM
PUBLIC COMMENT-7 (virtual):
Carol Waterson commented on building stronger communities and budget.
COUNCIL ACTION: Start Time: 6:42 PM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 12, 2024
PUBLIC COMMENT-8 (virtual):
Peggy Walker commented on fentanyl.
COUNCIL ACTION: Start Time: 6:44 PM
PUBLIC COMMENT-9 (virtual):
Becky Rapp commented on mental health and marijuana.
COUNCIL ACTION: Start Time: 6:46 PM
PUBLIC COMMENT-10 (virtual):
Dan commented on Israel and hate crimes.
COUNCIL ACTION: Start Time: 6:48 PM
PUBLIC COMMENT-11 (virtual):
Truth commented on democracy.
COUNCIL ACTION: Start Time: 6:50 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: City of San Diego Fiscal Years 2025-2029 Five-Year Capital Infrastructure Planning Outlook.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 12, 2024
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Engineering & Capital Projects: Rania Amen, (619) 533-6667 COUNCIL ACTION: Start Time: 4:22 PM
Item 201: Fiscal Year 2023 Annual Comprehensive Financial Report (ACFR).
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) ADOPTED AS RESOLUTION R-315359
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.
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, Tabshouri-yea.
Department of Finance: William Weisman, (619) 236-6397
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Stephen Whitburn.
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 8
for the Regular Meeting of Monday, February 12, 2024
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 202: California Coastal Commission Modifications of the 2020 Land Development Code Update to the San Diego Municipal Code and Local Coastal Program.
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) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 27, 2024 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 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
COUNCIL ACTION: Start Time: 6:10 PM
Public testimony by Blair Beekman, Audra, Lori Saldaña, and Kevin Hastings.
MOTION BY JOE LACAVA TO INTRODUCE. Second by Sean Elo-Rivera.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Marni von Wilpert, Kent Lee, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Raul A. Campillo, Vivian Moreno; Vacant: District 4.
Item 203: California Coastal Commission Modifications to the 2021 Land Development Code Update to the San Diego Municipal Code and Coastal Program.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, February 12, 2024
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) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 27, 2024 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
COUNCIL ACTION: Start Time: 6:21 PM
Public testimony by Audra, unknown caller, Lori Saldaña, and Blair Beekman.
MOTION BY JOE LACAVA TO INTRODUCE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Marni von Wilpert, Kent Lee, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Raul A. Campillo, Vivian Moreno; Vacant: District 4.
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, February 12, 2024
Item 250: 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, 03/29/2024 221
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Thursday, 04/18/2024 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, 6/05/2024 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, 06/10/2024 148
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, 08/09/2024 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, 8/12/2024 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, 8/14/2024 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 e-mail at [email protected].
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, February 12, 2024
Item S400: FY 2025 Updated City Council Budget Priorities.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-335 Rev.) ADOPTED AS AMENDED AS RESOLUTION R-315360 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.
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:
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, February 12, 2024
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
COUNCIL ACTION: Start Time: 2:25 PM
MOTION BY KENT LEE TO ADOPT THE RESOLUTION AS AMENDED TO: 1) INCLUDE
ADDITIONS MADE AT THE BUDGET AND GOVERNMENT EFFICIENCY COMMITTEE ON FEBRUARY 7, 2024; 2) IDENTIFY POSSIBLE EXPENDITURE REDUCTIONS WITHOUT REDUCING
SERVICE LEVELS AS PART OF ITS REVIEW OF THE PROPOSED BUDGET SO THAT THEY MAY BE DISCUSSED IN BUDGET REVIEW COMMITTEE; AND 3) EXPLORE THE POSSIBILITY OF ADJUSTING KEY BUDGET DATES IN COLLABORATION WITH THE COUNCIL PRESIDENT’S
OFFICE TO PERMIT THE OPPORTUNITY FOR THE CITY COUNCIL TO HAVE ONE ADDITIONAL
BUDGETARY HEARING FOR THE PURPOSE OF REVIEWING BUDGET MODIFICATIONS TO BE ADOPTED AT A LATER DATE. MAY 14 RELEASE OF MAY REVISION; MAY 16 BUDGET REVIEW COMMITTEE REVIEW MAY REVISION; MAY 23 MODIFICATIONS MEMOS TO INDEPENDENT BUDGET ANALYST WITH A NEW DUE DATE OF MAY 22; JUNE 5 RELEASE OF INDEPENDENT BUDGET ANALYST RECOMMENDATIONS WITH A NEW RELEASE DATE OF JUNE 4; RECOMMEND THE ADDITION OF A JUNE 7 BUDGET REVIEW COMMITTEE MEETING TO DISCUSS BUDGET MODIFICATIONS; JUNE 10 COUNCIL APPROVES BUDGET WITH A NEW RECOMMENDATION TO MOVE TO JUNE 11; AND JUNE 11 SPILL OVER DATE RESERVED FOR BUDGET APPROVAL WITH A RECOMMENDATION TO RESERVE JUNE 12 OR JUNE 13. Second by Vivian Moreno.
Passed by the following vote:
Yea: Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: Joe LaCava;
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item S401: Waiver of City Fees associated with January 22, 2024, storm damage.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, February 12, 2024
Please refer to the Fiscal Considerations section of the Staff Report.
Council District(s) Affected: 4, 8, 9.
Proposed Actions:
(R-2024-353) ADOPTED AS RESOLUTION R-315361
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
COUNCIL ACTION: Start Time: 5:30 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean EloRivera; Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Raul A. Campillo;
Vacant: District 4.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, February 12, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:52 p.m.
COUNCIL ACTION: Start Time: 6:52 PM