THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, MAY 13, 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 ..........................................................................................................................3 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 CLOSED SESSION................................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................7
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................10 Item 200: Public EV Charging Contract Award to True Upside Consulting LLC and Creation of EV Charging Program Fund.................................................................................................10 Item 201: Confirming the Appointment of the Chief of Police for the City of San Diego, Assuming Office on June 7, 2024 ........................................................................................11 Item 202: FY2025 Business Improvement District Budgets - Annual Appropriation Process.....12 Item 203: Repeal of Measure E Amending the People’s Ordinance and Associated Amendments to the San Diego Municipal Code and Local Coastal Program.................................................14 Item 250: Submission of Ballot Proposals for the November 5, 2024, Ballot...........................15 Item 251: Ballot Proposals Forwarded ................................................................................16 REPORT OUT FROM CLOSED SESSION................................................................................16 ADJOURNMENT .................................................................................................................17 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, May 13, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:03 a.m. Councilmember Moreno arrived to the meeting at 10:14 a.m. The meeting was recessed by Council President Elo-Rivera at 10:38 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 all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 5:44 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) Councilmember Foster-present
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, May 13, 2024
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem LaCava.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Daniel McMahon v. City of San Diego
San Diego Superior Court Case No. 37-2022-00008104-CU-PO-CTL Risk Management Department Claim File No. 28231
REFERRED TO CLOSED SESSION OF MONDAY, MAY 13, 2024
DCA Assigned: R. J. Rice and H. R. Whitehead
This case arises from an alleged injury to a bicyclist involving a manhole cover near 9710 Camino Del Sur. 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 Paul Krueger, Lori Saldaña, TheOriginalDra, and Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-2 Rene Andrade v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2021-00005881-CU-PO-CTL Risk Management Department Claim File No. 25444
REFERRED TO CLOSED SESSION OF MONDAY, MAY 13, 2024
DCA Assigned: H. R. Whitehead
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, May 13, 2024
This case arises from a February 15, 2020, trip and fall on an uplifted sidewalk caused by tree roots. 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 Joy Sunyata, Paul Krueger, Lori Saldaña, TheOriginalDra, and Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-3 Bonny Fournier Carney v. City of San Diego
San Diego Superior Court Case No. 37-2020-00023766-CU-PO-CTL Risk Management Department Claim File No. 24419
REFERRED TO CLOSED SESSION OF MONDAY, MAY 13, 2024
DCA Assigned: J. P. Pearson
This action arises from a trip and fall on a sidewalk at 8656 Iverson Street. 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 Joy Sunyata, Paul Krueger, Lori Saldaña, TheOriginalDra, and Blair Beekman.
Council President Elo-Rivera closed the hearing.
Conference with Real Property Negotiator, pursuant to California Government Code Section 54956.8:
CS-4 Property: 3554-3590 Kettner Boulevard, San Diego, California Agency Negotiators:
Christina Bibler, Economic Development Director
Lucy Contreras, Deputy Director, Department of Real Estate and Airport Management Karen Johnson, Asset Manager, Department of Real Estate and Airport Management Casey Smith, Deputy Chief Operating Officer
Mara Elliott, City Attorney
Jean Jordan, Assistant City Attorney
Kevin Reisch, Senior Chief Deputy City Attorney
Andrew Alfonso, Deputy City Attorney
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, May 13, 2024
Negotiating Parties:
City of San Diego and Kettner Vine Creative House LLC, a California limited liability company Under Negotiation:
Price and payment terms for potential acquisition of an interest or estate in the real property located at 3554-3590 Kettner Boulevard, San Diego, California REFERRED TO CLOSED SESSION OF MONDAY, MAY 13, 2024
DCA Assigned: A. Alfonso and K. Reisch
The Council will meet with its negotiators for an update on the price and payment terms for the City’s potential acquisition of an interest or estate in the real property located at 3554-3590 Kettner Boulevard, San Diego, California.
COUNCIL ACTION: Start Time: 10:05 AM
Public testimony by Joy Sunyata, Maxwell Dworkin, Patty Ducey-Brooks, Ed Moore, Shane Harris, Dan Mullen, Paul Krueger, Lori Saldaña, TheOriginalDra, Blair Beekman, and Kathleen Lippitt.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-5 Jacob G. v. City of San Diego
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, MAY 13, 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: 10:05 AM
Public testimony by Joy Sunyata, Paul Krueger, TheOriginalDra, and Blair Beekman.
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, May 13, 2024
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Joy Sunyata commented on various/probable housing.
COUNCIL ACTION: Start Time: 5:17 PM
PUBLIC COMMENT-2 (virtual):
Terri-Ann Skelly commented on cannabis use disorders.
COUNCIL ACTION: Start Time: 5:20 PM
PUBLIC COMMENT-3 (virtual):
Blair Beekman commented on openness and accountability; and budget items.
COUNCIL ACTION: Start Time: 5:21 PM
PUBLIC COMMENT-4 (virtual):
Kathleen Lippitt commented on homelessness and housing policies.
COUNCIL ACTION: Start Time: 5:23 PM
PUBLIC COMMENT-5 (virtual):
Megan Stuart commented on effects of marijuana on mental health.
COUNCIL ACTION: Start Time: 5:26 PM
PUBLIC COMMENT-6 (virtual):
Lori Saldaña commented on bad policy; and survivors of sexual assault.
COUNCIL ACTION: Start Time: 5:28 PM
PUBLIC COMMENT-7 (virtual):
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, May 13, 2024
TheOriginalDra commented on invasion on our border.
COUNCIL ACTION: Start Time: 5:30 PM
PUBLIC COMMENT-8 (virtual):
Becky Rapp commented on marijuana second-hand smoke.
COUNCIL ACTION: Start Time: 5:32 PM
PUBLIC COMMENT-9 (virtual):
Terrie Best commented on how drug prevention dollars are spent.
COUNCIL ACTION: Start Time: 5:34 PM
PUBLIC COMMENT-10 (virtual):
Kelly McCormick commented on cannabis studies.
COUNCIL ACTION: Start Time: 5:36 PM
PUBLIC COMMENT-11 (virtual):
Barbara Gordon commented on “National Prevention Week.” COUNCIL ACTION: Start Time: 5:38 PM
PUBLIC COMMENT-12 (virtual):
Truth commented on free speech.
COUNCIL ACTION: Start Time: 5:40 PM
PUBLIC COMMENT-13 (virtual):
Judi Strang commented on vaping and smoking.
COUNCIL ACTION: Start Time: 5:42 PM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, May 13, 2024
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: Public EV Charging Contract Award to True Upside Consulting LLC and Creation of EV Charging Program Fund.
Total Estimated Cost of Proposed Action and Funding Source:
There are no immediate cost associated with this action. This action includes the creation of a new interest-bearing account, the EV Charging Program Fund, to which all revenues received under this contract will be allocated. The Contract also includes provisions for the purchase of the electrical infrastructure at a depreciated rate installed during the term of the contract, subject to appropriation by the Council at that time. The not to exceed value of this purchase is $60 million.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-488) ADOPTED AS RESOLUTION R-315510
Resolution determining that the award of an Electric Vehicle Charging Equipment Site Concession Agreement to True Upside Consulting LLC is an activity consistent with the Final Environmental Impact Report for the City of San Diego Climate Action Plan (Project No. 416603/SCH No. 2015021053) certified by the City Council on July 19, 2016 as amended and in compliance with Public Resources Code section 21116 and California Environmental Quality Act Guidelines section 15162.
Subitem-B: (O-2024-101) INTRODUCED WITH DIRECTION, TO BE ADOPTED TUESDAY, JUNE 4, 2024
Introduction of an Ordinance to authorizing the award of an Electric Vehicle Charging Equipment Site Concession Agreement to True Upside Consulting, LLC.
Subitem-B: 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on March 14, 2024.
ACTION: Motion by Committee Member Campbell, second by Chair LaCava, to move to Council for Discussion without recommendation.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, May 13, 2024
VOTE: 3-0; LaCava-yea, Campbell-yea, von Wilpert-yea.
Sustainability and Mobility: Heather Werner, (858) 492-5082 City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 3:13 PM
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B WITH DIRECTION TO STAFF TO: 1) AMEND THE CONTRACT TO EXCLUDE THE CHICANO PARK MUSEUM AND CULTURAL CENTER, VILLA DE VERDE PROGRAM; AND 2) RECEIVE CITYWIDE ELECTRIC VEHICLE PUBLIC CHARGING PROGRAM UPDATES FROM
SUMO TWICE A YEAR SO THAT EACH COUNCIL DISTRICT IS INFORMED ABOUT THE UPCOMING FACILITIES AND MAKE UP OF CHARGERS IN THEIR DISTRICT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 201: Confirming the Appointment of the Chief of Police for the City of San Diego, Assuming Office on June 7, 2024.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-534 Cor. Copy) ADOPTED AS RESOLUTION R-315511
Resolution confirming the appointment of Scott Wahl to the position of Chief of Police for the City of San Diego, effective June 7, 2024, in accordance with San Diego Charter section 57 and Council Policy 300-08, and waiving portions of the Council Policy.
Committee Actions Taken:
This item was heard at the Committee of the Whole meeting on April 29, 2024.
ACTION: Motion by Councilmember von Wilpert, second by Councilmember Campillo, to recommend Council confirmation of the Mayor’s appointment of Scott Wahl as Police Chief, Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, May 13, 2024
accept the staff report and forward it to the Council, and waive the following three requirements in Council Policy 300-08:
(a) Selection Criteria C in Attachment A, in accordance with the law; (b) that the Committee report its findings and recommendations to the Council within one week; and
(c) that the confirmation hearing before the Council occur within one week after the Council receives the Committee of the Whole’s recommendations.
VOTE: 8-1; Elo-Rivera-yea, LaCava-yea, Campbell-yea, Whitburn-yea, von Wilpert-yea, Leeyea, Campillo-yea, Moreno-yea, Foster III-nay.
Office of the Mayor: Chloe Madison, (619) 236-6213
City Attorney Contact: Jean Jordan
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY MARNI VON WILPERT TO ADOPT. 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, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 202: 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:
(R-2024-447) ADOPTED AS RESOLUTION R-315512
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, May 13, 2024
Resolution confirming the Fiscal Year 2025 budget reports for and levying annual assessments in specified parking and business improvement areas.
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: 4:40 PM
Public testimony by Joy Sunyata, Jodi Rudick, Tootie Thomas, Lori Saldaña, TheOriginalDra, Mark West, and Blair Beekman.
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, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 203: Repeal of Measure E Amending the People’s Ordinance and Associated Amendments to the San Diego Municipal Code and Local Coastal Program.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: 2.
Proposed Actions:
This action seeks City Council approval of an ordinance to repeal Measure E approved in the Municipal Election held on November 3, 2020. Measure E amended the People’s Ordinance O10960 and San Diego Municipal Code Section 132.0505 to exclude the Midway-Pacific Highway Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, May 13, 2024
Community Plan Area from the 30-foot height limit on buildings in the Coastal Height Limit Overlay Zone, as defined in Ordinance O-10960.
(O-2024-104) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 4, 2024 Introduction of an Ordinance amending Chapter 13, Article 2, Division 5 of the San Diego Municipal Code by amending Section 132.0505, relating to the Coastal Height Limit Overlay Zone.
Committee Actions Taken: N/A
Planning: Corey Funk, (619) 533-3945
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 5:09 PM
Public testimony by Lori Saldaña, Blair Beekman, and TheOriginalDra.
MOTION BY JENNIFER CAMPBELL TO INTRODUCE. 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, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
NOTE: The following Public Notices were for public record only. These items 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
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, May 13, 2024
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, 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 251: Ballot Proposals Forwarded.
The following ballot proposals have been referred from the Rules Committee to a second or further hearing for consideration for placement on a future ballot as noted. The Rules Committee will be meeting June 5, 2024, to review these measures referred for an additional hearing.
Proposal Target Ballot
General Purpose and Use (sales) Tax November 2024
Amendments to City Charter Regarding
Redistricting
November 2024
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, May 13, 2024
Dedicated Revenue for Stormwater Infrastructure and Disaster Response
November 2024
Amendments to the City Charter Regarding the
Ethics Commission
November 2024
Amendments to City Charter Regarding the
Election Process for Members of the Board of
Education
November 2024
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:44 p.m.
COUNCIL ACTION: Start Time: 5:44 PM