THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, APRIL 8, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................4 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 CLOSED SESSION................................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 Item 200: Declaring the Results of the March 5, 2024, Municipal Primary Election and Municipal Special Election held in The City of San Diego........................................................................8 Item 201: Salary Ordinance for Fiscal Year 2025...................................................................9 Item 202: Updates to the Municipal Code Chapter 02, Article 02, Division 26 Procedures Governing the Management of City Records and the City Clerk Administrative Guidelines............ ........................................................................................................................................10 Item 203: FY2025 Business Improvement District Budgets - Annual Appropriation Process.....11 Item 204: First Amendment to the Agreement with Dreams for Change for the Safe Sleeping Program at 20th & B ..........................................................................................................13 Item 205: Appointment to the Commission on Police Practices .............................................14 Item 250: Submission of Ballot Proposals for the November 5, 2024, Ballot...........................14 Item S400: Oath of Office for City Councilmember for District 4 – Henry L. Foster III ............16 Minutes of Monday, April 8, 2024
Table of Contents (Continued)
REPORT OUT FROM CLOSED SESSION................................................................................16 ADJOURNMENT .................................................................................................................16 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, April 8, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. Council President Elo-Rivera recessed the meeting at 10:20 a.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 10:27 a.m. with Council District 4 vacant.
Council President Elo-Rivera recessed the meeting at 10:40 a.m. for the purpose of a break.
Council President Elo-Rivera reconvened the meeting at 11:03 a.m. with Councilmember Campillo not present. The meeting was recessed by Council President Elo-Rivera at 11:10 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Pro Tem LaCava at 2:02 p.m. with Councilmember Moreno and Council President Elo-Rivera not present. Councilmember von Wilpert left the meeting at 3:07 p.m. Council President Elo-Rivera arrived to the meeting at 3:40 p.m. The meeting was adjourned by Council President Elo-Rivera at 4:22 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 Councilmember Henry L. Foster III
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)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council District vacant
(5) Councilmember von Wilpert-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, April 8, 2024
(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 von Wilpert.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Jesse Torres v. Civil Service Commission
San Diego Superior Court Case No. 37-2022-00025320-CU-WM-CTL Risk Management Department Claim File No. 29997
REFERRED TO CLOSED SESSION OF MONDAY, APRIL 8, 2024
DCA Assigned: P. H. James
This is an employment case in which Jesse Torres seeks reinstatement to a position with the San Diego Police Department. 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: 11:04 AM
Public testimony by TheOriginalDra and Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-2 Jacob G. v. City of San Diego
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, April 8, 2024
San Diego Superior Court Case No. 37-2023-00003981-CU-PO-CTL Risk Management Department Claim File No. 30336
REFERRED TO CLOSED SESSION OF MONDAY, APRIL 8, 2024
DCA Assigned: R. J. Rice
This case arises from injuries to a 13-year-old male who fell while riding his e-bike on a lifted concrete sidewalk on Mission George Road in San Diego. 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: 11:04 AM
Public testimony by TheOriginalDra and Blair Beekman.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Joy Sunyata commented on Gallagher Square/Petco.
COUNCIL ACTION: Start Time: 3:50 PM
PUBLIC COMMENT-2:
Lori Saldaña commented on budget.
COUNCIL ACTION: Start Time: 3:52 PM
PUBLIC COMMENT-3 (virtual):
Barbara Gordon commented on false perceptions that marijuana is safe.
COUNCIL ACTION: Start Time: 3:54 PM
PUBLIC COMMENT-4 (virtual):
Terri-Ann Skelly commented on public health for our citizens instead of pot shops.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, April 8, 2024
COUNCIL ACTION: Start Time: 3:56 PM
PUBLIC COMMENT-5 (virtual):
Becky Rapp commented on highly intoxicating THC products.
COUNCIL ACTION: Start Time: 3:58 PM
PUBLIC COMMENT-6 (virtual):
Kathleen Lippitt commented on greenhouses in our desert ecosystem.
COUNCIL ACTION: Start Time: 4:00 PM
PUBLIC COMMENT-7 (virtual):
John Brady commented on proposed large shelter site.
COUNCIL ACTION: Start Time: 4:02 PM
PUBLIC COMMENT-8 (virtual):
Peggy Walker commented on false industry messaging that cannabis is safe and nonaddictive.
COUNCIL ACTION: Start Time: 4:04 PM
PUBLIC COMMENT-9 (virtual):
Blair Beekman commented on love life philosophy; openness and accountability.
COUNCIL ACTION: Start Time: 4:06 PM
PUBLIC COMMENT-10 (virtual):
Megan Stuart commented on expansion of marijuana commercialization within our community.
COUNCIL ACTION: Start Time: 4:09 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, April 8, 2024
PUBLIC COMMENT-11 (virtual):
Rachael Hayes commented on 1,000-bed shelter site.
COUNCIL ACTION: Start Time: 4:11 PM
PUBLIC COMMENT-12 (virtual):
Richard Siaba commented on 1,000-bed shelter site.
COUNCIL ACTION: Start Time: 4:12 PM
PUBLIC COMMENT-13 (virtual):
Truth commented on Past Women of Distinction event.
COUNCIL ACTION: Start Time: 4:13 PM
PUBLIC COMMENT-14 (virtual):
Kelly McCormick commented on marijuana effects on mental health.
COUNCIL ACTION: Start Time: 4:15 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
CITY CLERK COMMENT:
City Clerk Fuentes announced the newest exhibit “Chinese Fisherman” on the 12th floor. She stated the exhibit illustrates the historical importance and cultural significance of the Chinese community within our City. City Clerk Fuentes noted the display consists of several panels that describe different aspects of the Chinese fishing industry. She detailed the exhibit will be displayed from April 8, 2024, through July 8, 2024. She expressed her gratitude towards Jacinta and the San Diego Chinese Historical Museum for lending their artifacts to help illustrate the significant story of diversity, and also thanked the Archives team for their dedication.
COUNCIL ACTION: Start Time: 4:19 PM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, April 8, 2024
Item 200: Declaring the Results of the March 5, 2024, Municipal Primary Election and Municipal Special Election held in The City of San Diego.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-456 Cor. Copy) ADOPTED AS RESOLUTION R-315447
Resolution declaring the results of the Municipal Primary Election, Municipal Special Election, and the Municipal Special Election to fill the vacancy in Council District 4, held in the City of San Diego on March 5, 2024.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Clerk: Diana J.S. Fuentes, (619) 533-4080 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Raul A. Campillo.
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 201: Salary Ordinance for Fiscal Year 2025.
Total Estimated Cost of Proposed Action and Funding Source:
Approval of the Salary Ordinance is required under the City’s Charter as part of the annual budget process.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, April 8, 2024
Proposed Actions:
(O-2024-96 Cor. Copy) INTRODUCED, TO BE ADOPTED MONDAY, APRIL 22, 2024 Introduction of the Fiscal Year 2025 Salary Ordinance.
Committee Actions Taken: N/A
Human Resources: Erik Hanson, (619) 807-6269
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 2:11 PM
MOTION BY KENT LEE TO INTRODUCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno, Sean Elo-Rivera.
Item 202: Updates to the Municipal Code Chapter 02, Article 02, Division 26 Procedures Governing the Management of City Records and the City Clerk Administrative Guidelines.
Total Estimated Cost of Proposed Action and Funding Source: None.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2024-84) INTRODUCED, TO BE ADOPTED MONDAY, APRIL 22, 2024 Introduction of an Ordinance amending Chapter 2, Article 2, Division 26 of the San Diego Municipal Code by amending sections 22.2601, 22.2601, and 22.2603, by amending and retitling section 22.2604, by amending sections 22.2605 and 22.2606, and by amending and retitling section 22.2607, relating to procedures governing the management of City records.
Subitem-B: (R-2024-403) ADOPTED AS RESOLUTION R-315448
Resolution amending the City of San Diego City Clerk Administrative Guidelines related to records disposition.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, April 8, 2024
Committee Actions Taken:
This item was heard at the Rules Committee meeting on March 20, 2024.
ACTION: Motion by Committee Member Campillo, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Lee-yea, Campillo-yea, Moreno-yea.
Office of the City Clerk: Diana Fuentes, (619) 533-4080 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 3:40 PM
MOTION BY JOE LACAVA TO INTRODUCE THE ORDINANCE IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert, Vivian Moreno.
Item 203: FY2025 Business Improvement District Budgets - Annual Appropriation Process.
Total Estimated Cost of Proposed Action and Funding Source:
The City does not plan to retain any of the assessments and undertakes the associated administration with existing budgeted staff. All of the anticipated BID assessments are remitted to the BID funds and therefore, there are no net fiscal impact to the general fund. Please see the included City Attorney memo from April 2014 about risks associated with the levy of BID assessments and Prop 26.
Council District(s) Affected: 1, 2, 3, 4, 8, 9.
Proposed Actions:
Subitem-A: (R-2024-449) ADOPTED AS RESOLUTION R-315449
Resolution appointing the Fiscal Year 2025 advisory boards for the specified parking and business improvement areas.
Subitem-B: (R-2024-450) ADOPTED AS RESOLUTION R-315450
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, April 8, 2024
Resolution approving the Fiscal Year 2025 budget reports for specified parking and business improvement areas.
Subitem-C: (R-2024-448) ADOPTED AS RESOLUTION R-315451
Resolution declaring intention to levy and collect annual assessments from businesses located in specified parking and business improvement areas for Fiscal Year 2025 and fixing the time and place for a public hearing on the levy of such assessments.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on March 13, 2024.
ACTION: Motion by Chair Campillo, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campillo-yea, Lee-yea, Campbell-yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 2:31 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.
Campillo;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert, Vivian Moreno, Sean Elo-Rivera.
Item 204: First Amendment to the Agreement with Dreams for Change for the Safe Sleeping Program at 20th & B.
Total Estimated Cost of Proposed Action and Funding Source:
This first amendment will increase the not-to-exceed amount of the Dreams for Change contract by $487,791, from $944,927 to $1,432,718. Funding for the agreement is available in the General Fund through savings from delayed start-up of programs.
Council District(s) Affected: 3.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, April 8, 2024
Proposed Actions:
(R-2024-466 Cor. Copy) ADOPTED AS RESOLUTION R-315452
Resolution authorizing the execution of the First Amendment to the Agreement with Dreams for Change for the Safe Sleeping Program at 20th & B.
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 3:09 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.
Campillo;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert, Vivian Moreno, Sean Elo-Rivera.
Item 205: Appointment to the Commission on Police Practices.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-438 Cor. Copy) ADOPTED AS RESOLUTION R-315453
Resolution confirming the Council's appointment of Daniel Mendoza to the Commission for Police Practices for a term ending June 30, 2025.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, April 8, 2024
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno, Sean Elo-Rivera.
NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.
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
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, April 8, 2024
Wednesday, 06/05/2024 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, 08/12/2024 85
Last day to submit the Fiscal Impact Analysis;
Ballot and Title Summary; and Impartial
Analysis with City Clerk
Wednesday, 08/14/2024 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].
Item S400: Oath of Office for City Councilmember for District 4 – Henry L. Foster III.
CEREMONIAL PRESENTATION
COUNCIL ACTION: Start Time: 10:28 AM
REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out from Closed Session. https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports.
COUNCIL ACTION: Start Time: 4:21 PM
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Monday, April 8, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:22 p.m.
COUNCIL ACTION: Start Time: 4:22 PM