THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JUNE 24, 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 LAND ACKNOWLEDGEMENT .................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 CLOSED SESSION................................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................7
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 Item 200: Fiscal Year 2025 Tax Rate Ordinance for the Maintenance of Zoological Exhibits........ ........................................................................................................................................10 Item 201: Fiscal Year 2025 Tax Appropriations Limit (Gann Limit) ........................................11 Item 202: FY 2025 – FY 2029 Consolidated Plan, FY 2025 Annual Action Plan and FY 2025 Allocations for U.S. Department of Housing and Urban Development (HUD) Entitlement Programs ..........................................................................................................................11 Item 250: Submission of Ballot Proposals for the November 5, 2024, Ballot...........................13 Item 251: Ballot Proposals Forwarded ................................................................................14 Item S400: Update on the Redevelopment of the City-Owned Real Property Located at 3220, 3240, 3250, and 3500 Sports Arena Boulevard.....................................................................15 REPORT OUT FROM CLOSED SESSION................................................................................15 Minutes of Monday, June 24, 2024 Page 2
Table of Contents (Continued)
ADJOURNMENT .................................................................................................................16 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, June 24, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:07 a.m. The meeting was recessed by Council President Elo-Rivera at 10:41 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:03 p.m. with Councilmember Campbell not present. Council President Elo-Rivera recessed the meeting at 3:37 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 3:43 p.m. with Councilmember Campbell not present. Council President Elo-Rivera left the meeting at 4:31 p.m. The meeting was adjourned by Council President Pro Tem LaCava at 4:55 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Pro Tem Joe LaCava
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:
CD-2 Councilmember Jennifer Campbell
CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-not 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 Monday, June 24, 2024
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
LAND ACKNOWLEDGEMENT
Statement read by Council President Elo-Rivera.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Deborah Gatto v. City of San Diego
San Diego Superior Court Case No. 37-2022-00009498-CU-PO-CTL Risk Management Department Claim File No. 22169
REFERRED TO CLOSED SESSION OF MONDAY, JUNE 24, 2024
DCA Assigned: K. R. Yee
Plaintiff alleges she sustained injuries when she tripped and fell on a raised portion of the sidewalk at 8445 Camino Santa Fe in the Miramar area. The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.
COUNCIL ACTION: Start Time: 10:10 AM
Public testimony by Lori Saldaña, Joy Sunyata, and TheOriginalDra.
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, June 24, 2024
Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):
CS-2 Number of Cases: One
Risk Management Department Claim File No.: 29901
REFERRED TO CLOSED SESSION OF MONDAY, JUNE 24, 2024
DCA Assigned: D. E. Abad
This claim involves alleged property damage to SDG&E’s property located at Hornblend Street where City crews were excavating. The City Attorney’s Office will update the Mayor and City Council on the status of the matter and seek direction.
COUNCIL ACTION: Start Time: 10:10 AM
Public testimony by John Stump, Joy Sunyata, and TheOriginalDra.
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 Salvador Lua v. City of San Diego, et al.
United States District Court Case No. 23cv32-JAH-BLM
Risk Management Department Claim File No. 24583
REFERRED TO CLOSED SESSION OF MONDAY, JUNE 24, 2024
DCA Assigned: E. L. Atkins
This case arises from a police interaction on the Mission Beach Boardwalk which led to a civil rights lawsuit 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: 10:10 AM
Public testimony by Joy Sunyata and TheOriginalDra.
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, June 24, 2024
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 Stephen Cushman
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
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, JUNE 24, 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: 10:10 AM
Public testimony by Terri Hoskins, Michael Aguirre, Kimberly Hackett, Kevin G. Arnold, Patty Ducey-Brooke, Ed Moore, Paul Krueger, Clifford Weiler, Lori Saldaña, John Stump, Joy Sunyata, and TheOriginalDra.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Paul Krueger commented on Bill Walton; and homeless.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, June 24, 2024
COUNCIL ACTION: Start Time: 4:31 PM
PUBLIC COMMENT-2:
Lori Saldaña commented on heat hazards; and settlement payments.
COUNCIL ACTION: Start Time: 4:33 PM
PUBLIC COMMENT-3 (virtual):
Terri-Ann Skelly commented on eliminating smoke/vape shops and marijuana storefronts in communities of concern.
COUNCIL ACTION: Start Time: 4:35 PM
PUBLIC COMMENT-4 (virtual):
Barbara Gordon commented on San Diego Association of Governments 2023 Juvenile Arrestee Drug Use report.
COUNCIL ACTION: Start Time: 4:37 PM
PUBLIC COMMENT-5 (virtual):
Blair Beekman commented on future of water rate increases.
COUNCIL ACTION: Start Time: 4:39 PM
PUBLIC COMMENT-6 (virtual):
Megan Stuart commented on Assembly Bill 1894; and stricter code enforcement for marijuana shops.
COUNCIL ACTION: Start Time: 4:41 PM
PUBLIC COMMENT-7 (virtual):
Peggy Walker commented on tobacco and cannabis use as risk factors to COVID complications.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, June 24, 2024
COUNCIL ACTION: Start Time: 4:42 PM
PUBLIC COMMENT-8 (virtual):
John Brady commended the Council on the budget; and commented on loading and unloading zones in front of affordable and permanent supportive housing.
COUNCIL ACTION: Start Time: 4:44 PM
PUBLIC COMMENT-9 (virtual):
John Stump commented on zoo contract; and enforcing lobbyist rules.
COUNCIL ACTION: Start Time: 4:46 PM
PUBLIC COMMENT-10 (virtual):
Joy Sunyata commented on policy making; and FY 2025 Budget.
COUNCIL ACTION: Start Time: 4:48 PM
PUBLIC COMMENT-11 (virtual):
Becky Rapp commented on requiring all marijuana businesses to fall under a process 3.
COUNCIL ACTION: Start Time: 4:50 PM
PUBLIC COMMENT-12 (virtual):
TheOriginalDra commented on minors traveling alone internationally; and human trafficking.
COUNCIL ACTION: Start Time: 4:52 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
COUNCIL COMMENT-1:
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, June 24, 2024
Councilmember von Wilpert mentioned that over the weekend a resident was hiking in the Black Mountain area and was found dead this morning. She stated they are not sure of the cause of death but assume it was dehydration and extreme heat. Councilmember von Wilpert reminded everyone to be careful when hiking, bring a lot of water, and know the signs of heat stress.
COUNCIL ACTION: Start Time: 2:04 PM
Item 200: Fiscal Year 2025 Tax Rate Ordinance for the Maintenance of Zoological Exhibits.
Total Estimated Cost of Proposed Action and Funding Source:
Funding is appropriated in the Fiscal Year 2025 Adopted Budget for Zoological Exhibits Maintenance in the amount of $20,975,719.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-131) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 16, 2024 Introduction of an Ordinance fixing the rate of taxation to maintain zoological exhibits in Balboa Park for Fiscal Year 2025.
Committee Actions Taken: N/A
Department of Finance: Vanessa Montenegro, (619) 533-6169 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:06 PM
MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, 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: Jennifer Campbell.
Item 201: Fiscal Year 2025 Tax Appropriations Limit (Gann Limit).
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, June 24, 2024
Total Estimated Cost of Proposed Action and Funding Source:
This item is to establish a Tax Appropriations Limit (Gann Limit) of $5,558,310,498 for Fiscal Year 2025.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-621) ADOPTED AS RESOLUTION R-315632
Resolution approving the establishment of the Fiscal Year 2025 Tax Appropriations Limit (Gann Limit).
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Department of Finance: Vanessa Montenegro, (619) 533-6169 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:25 PM
MOTION BY KENT LEE TO ADOPT. Second by Sean Elo-Rivera.
Passed by the following vote:
Yea: Joe LaCava, 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: Jennifer Campbell.
Item 202: FY 2025 – FY 2029 Consolidated Plan, FY 2025 Annual Action Plan and FY 2025 Allocations for U.S. Department of Housing and Urban Development (HUD) Entitlement Programs.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed actions result in no fiscal impact to the City’s General Fund, as the funding referenced in these requested actions originates from HUD.
Council District(s) Affected: Citywide.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, June 24, 2024
(R-2024-482 Cor. Copy 2) ADOPTED AS RESOLUTION R-315633 Resolution of the Council of the City of San Diego allocating funding from the Fiscal Year 2025 U.S. Department of Housing and Urban Development entitlement grant programs, approving the Fiscal Years 2025-2029 Consolidated Plan, and taking related actions.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on April 11, 2024.
ACTION: Motion by Committee Member von Wilpert, second by Committee Member Foster, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campbell-yea, Foster III-yea, von Wilpert-yea, Campillo-yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
COUNCIL ACTION: Start Time: 2:40 PM
Public testimony by Maggie Lengyel, Lisa Norombaba, Amber Miller, Vera Levitt, Carla Comacho, Richard Siaba, Rachael Hayes, Lori Saldaña, Hassan Abdirahman, John Stump, Al Del Mastro, Blair Beekman, TheOriginalDra, Joy Sunyata, and John Brady.
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, 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: Jennifer Campbell.
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 Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, June 24, 2024
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, 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 June 5, 2024, Rules Committee meeting to the City Council for consideration for placement on the November 5, 2024, ballot.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, June 24, 2024
Proposal Target Ballot
One-Cent General Purpose Transactions and Use (Sales) Tax November 2024 Dedicated Revenue for Stormwater Infrastructure and Disaster Response
November 2024
Amendments to the San Diego Charter Regarding the
Ethics Commission and the Funds Commission
November 2024
To Amend the City Charter Regarding the Election Process for Members of the Board of Education
November 2024
The City Council is expected to consider measures for the November 2024 ballot at its meetings in June, July, and/or August 2024.
Item S400: Update on the Redevelopment of the City-Owned Real Property Located at 3220, 3240, 3250, and 3500 Sports Arena Boulevard.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 2.
Proposed Actions:
ITEM PRESENTED
This is an informational item only.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
COUNCIL ACTION: Start Time: 3:56 PM
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, June 24, 2024
ADJOURNMENT
The meeting was adjourned by Council President Pro Tem LaCava at 4:55 p.m.
COUNCIL ACTION: Start Time: 4:55 PM