THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JULY 01, 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 ..........................................................................................................................2 INVOCATION.......................................................................................................................3 LAND ACKNOWLEDGEMENT .................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 CLOSED SESSION................................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................4 MAYOR, COUNCIL, CITY ATTORNEY, IBA, CITY CLERK COMMENT ..........................................6 Item 200: General Plan Environmental Justice Element..........................................................7 Item 201: 2024 Update to the SDMC(LDC) & LCP & A New Public ROW In Lieu Fee Reso ........8 Item 202: Partial Public Right-of-Way Vacation of Olney Street and Coastal Development Permit for 2182 Oliver Avenue - Project No. PRJ-0696078.....................................................11 tem 250: Submission of Ballot Proposals for the November 5, 2024, Ballot............................13 Item 251: Ballot Proposals Forwarded ................................................................................14 REPORT OUT FROM CLOSED SESSION................................................................................15 ADJOURNMENT .................................................................................................................15 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, July 01, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:18 a.m. The meeting was recessed by Council President Elo-Rivera at 10:39 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 Moreno not present. The meeting was adjourned by Council President Elo-Rivera at 4:48 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 (Pursuant to California Government Code section 54953(f), participated remotely for just cause due to illness with no individual 18 years of age or older present in the room.)
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-9 Council President Sean Elo-Rivera
ABSENT:
CD-8 Councilmember Vivian Moreno
DEPUTY CITY CLERK/CITY CLERK:
Berry/Fuentes (km)
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, July 01, 2024
INVOCATION
The invocation was given by Deputy City Clerk Jennifer Berry.
LAND ACKNOWLEDGEMENT
Statement read by Council President Elo-Rivera.
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 In re: Bird Global, Inc., et al
United States Bankruptcy Court, Southern Dist. Of Florida, Miami Division Case No. 23-20514-CLC
Risk Management Department Claim File No.: N/A
REFERRED TO CLOSED SESSION OF MONDAY, JULY 1, 2024
DCA Assigned: M. T. Phelps and S. M. Robinson
Outside Counsel: S. Berman, Shumaker, and V. Renda, Pinnacle Legal, P.C.
This matter involves Bird Global, Inc.’s Chapter 11 bankruptcy filing, its impact on the lawsuits filed against the City arising from incidents involving Bird scooters, the status of the Court’s confirmation of Bird’s bankruptcy re-organization plan, and recommended settlement payment to secure releases of the City’s lawsuits. 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: 10:20 AM
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, July 01, 2024
Public testimony by Joy Sunyata, The OriginalDra, Blair Beekman, Lori Saldaña, and John Stump.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):
CS-2 Number of Cases: One
REFERRED TO CLOSED SESSION OF MONDAY, JULY 1, 2024
SDCA Assigned: K. J. Steinman
The City Attorney’s Office will discuss a threat of litigation with the Mayor and City Council and seek direction.
COUNCIL ACTION: Start Time: 10:20 AM
Public testimony by The OriginalDra, Blair Beekman, Lori Saldaña, and John Stump.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Purita A. Javier commented on ceramic kiln and ceramics mfg. in a residential zone.
COUNCIL ACTION: Start Time: 4:25 PM
PUBLIC COMMENT-2:
Cesar B. Javier Commented on ceramic kiln and ceramics mfg. in a residential zone community.
COUNCIL ACTION: Start Time: 4:28 PM
PUBLIC COMMENT-3:
Joy Sunyata commented on ballot measures.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, July 01, 2024
COUNCIL ACTION: Start Time: 4:30 PM
PUBLIC COMMENT-4:
Lori Saldaña commented on pride month.
COUNCIL ACTION: Start Time: 4:32 PM
PUBLIC COMMENT-5 (virtual):
Barbara Gordon commented on cannabis equity program and the marijuana market.
COUNCIL ACTION: Start Time: 4:34 PM
PUBLIC COMMENT-6 (virtual):
Terri-Ann Skelley commented on vaping and smoking in teens and young adults.
COUNCIL ACTION: Start Time: 4:36 PM
PUBLIC COMMENT-7 (virtual):
John Stump commented on Council’s timeliness.
COUNCIL ACTION: Start Time: 4:37 PM
PUBLIC COMMENT-8 (virtual):
Blair Beekman commented on zoom hand raising feature, openness, tech accountability and sports utility lighting concept.
COUNCIL ACTION: Start Time: 4:40 PM
PUBLIC COMMENT-9 (virtual):
The OriginalDra commented on Oakland Mayor, human trafficking and border.
COUNCIL ACTION: Start Time: 4:42 PM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, July 01, 2024
PUBLIC COMMENT-10 (virtual):
Becky Rapp commented on drug prevention for teens, young adults and seniors.
COUNCIL ACTION: Start Time: 4:44 PM
PUBLIC COMMENT-11 (virtual):
Kathleen Lippitt commented on equity and prereferral treatment.
COUNCIL ACTION: Start Time: 4:46 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: General Plan Environmental Justice Element.
Total Estimated Cost of Proposed Action and Funding Source:
There are no fiscal impacts associated with this action to the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Environmental Justice will be a new element added to the General Plan and will be applied citywide to further the City’s efforts to advance the equitable distribution of benefits and limit environmental burdens to create healthy and livable communities for all San Diegans. The Environmental Justice Element includes goals that envision a more equitable future, policies that inform City decision-making, proposed activities that build on existing programs to advance environmental justice, and a description of areas of the City most impacted by environmental burdens and associated health risks – collectively known as Environmental Justice Communities (EJ Communities).
(R-2024-635) ADOPTED WITH DIRECTION AS RESOLUTION R-315653 Resolution Adopting the General Plan Environmental Justice Element to Comply with California Senate Bill 1000, Planning for Healthy Communities Act.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, July 01, 2024
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on May 17, 2024.
ACTION: Motion by Vice Chair LaCava, second by Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Planning: Sameera Rao, (619) 446-5346
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 2:15 PM
Public testimony by Cesar A. Javier, Evan Strawn, Joy Sunyata, Julie Corrales, Roberto Corral, Maria F. Corral, Geoffrey Heuter, Maritza Garcia, Lori Saldaña, Kathleen Lippitt, Andrea Hethuru, Peggy Walker, John Stump, The OriginalDra, Sally Smull, Blair Beekman and Judi Strang.
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION WITH DIRECTION TO STAFF TO WORK
WITH THE INDEPENDENT BUDGET ANALYST TO IDENTIFY NON-GENERAL FUND RESOURCES
TO COMPLETE THE REPORT AND REPORT BACK TO EITHER COMMITTEE OR COUNCIL BY SEPTEMBER 30TH. 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, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.
Item 201: 2024 Update to the San Diego Municipal Code (Land Development Code) and Local Coastal Program and A New Public Right-of-Way In Lieu Fee Resolution.
Total Estimated Cost of Proposed Action and Funding Source:
Costs associated with implementation of these ordinances would be covered by project applicants.
Council District(s) Affected: Citywide.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, July 01, 2024
Adopt the two ordinances, containing Citywide amendments and Center City Planned District and Gaslamp Quarter Planned District (Downtown) amendments, for the 2024 Update to the Land Development Code and Local Coastal Program and the Public Right-of-Way In Lieu Fee Resolution.
Subitem-A: (O-2024-132 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 16, 2024 Introduction of an Ordinance amending Chapter 2, Article 2, Division 18 of the San Diego Municipal Code by amending Section 22.1801; amending Chapter 2, Article 2, Division 24 by amending the title of Division 24, and by retitling and amending Section 22.2402; amending Chapter 8, Article 6, Division 21 by amending Section 86.2102; amending Chapter 9, Article 8, Division 6 by amending Section 98.0607; amending Chapter 11, Article 2, Division 1 by amending Section 112.0103; amending Chapter 11, Article 2, Division 3 by amending Section 112.0310; amending Chapter 11, Article 3, Division 1 by amending Section 113.0103; amending Chapter 11, Article 3, Division 2 by amending Sections 113.0222, 113.0234 and 113.0246; amending Chapter 12, Article 2, Division 1 by amending Section 122.0107; amending Chapter 12, Article 5, Division 4 by amending Section 125.0410; amending Chapter 12, Article 5, Division 9 by amending Section 125.0950; amending Chapter 12, Article 5, Division 10 by amending Section 125.1050; amending Chapter 12, Article 6, Division 1 by amending Sections 126.0108 and 126.0113, and by adding new Section 126.0109; amending Chapter 12, Article 6, Division 5 by amending Section 126.0502; amending Chapter 12, Article 6, Division 7 by amending Section 126.0702; amending Chapter 12, Article 9, Division 1 by adding new Section 129.0122; amending Chapter 12, Article 9, Division 2 by amending Section 129.0203; amending Chapter 12, Article 9, Division 7 by amending Section 129.0742; amending Chapter 13, Article 1, Division 2 by amending Section 131.0222; amending Chapter 13, Article 1, Division 3 by amending Section 131.0322; amending Chapter 13, Article 1, Division 4 by repealing Section 131.0402, amending Sections 131.0420 and 131.0422, retitling and amending Section 131.0423, and by amending Sections 131.0431, 131.0442, 131.0443, 131.0445, 131.0446, 131.0449, and 131.0464; amending Chapter 13, Article 1, Division 5 by amending Sections 131.0522, 131.0531, 131.0543 and 131.0546; amending Chapter 13, Article 1, Division 6 by amending Sections 131.0622 and 131.0631, and by adding new Section 131.0632; amending Chapter 13, Article 1, Division 7 by amending Sections 131.0702, 131.0703, 131.0704, 131.0707, 131.0709 and 131.0710, and by adding new Section 131.0719; amending Chapter 13, Article 2, Division 4 by amending Section 132.0402; amending Chapter 13, Article 2, Division 12 by amending Sections 132.1202 and 132.1205; amending Chapter 13, Article 2, Division 14 by amending Section 132.1403, and by adding new Sections 132.1404 and 132.1405; amending Chapter 13, Article 2, Division 15 by amending Sections 132.1510, 132.1515, and 132.1550; amending Chapter 14, Article 1, Division 3 by amending Sections 141.0302, 141.0311, 141.0312, and 141.0314; amending Chapter 14, Article 1, Division 4 by retitling and amending Sections 141.0413 and 141.0421, and by adding new Section 141.0423; amending Chapter 14, Article 1, Division 6 by amending Sections 141.0606, 141.0622, 141.0624, and 141.0628; amending Chapter 14, Article 1, Division 7 by amending Section 141.0702; amending Chapter 14, Article 2, Division 3 by amending Sections 142.0305 and 142.0360, and by adding new Section 142.0390; amending Chapter 14, Article 2, Division 5 by amending Sections 142.0510, 142.0520, 142.0525, and 142.0560; amending Chapter 14, Article 2, Division 9 by amending Section 142.0910; amending Chapter 14, Article 2, Division 10 by amending Section 142.1010; Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, July 01, 2024
amending Chapter 14, Article 2, Division 12 by amending Sections 142.1230, 142.1235, and 142.1240; amending Chapter 14, Article 2, Division 13 by amending Section 142.1305; amending Chapter 14, Article 3, Division 3 by amending Section 143.0350; amending Chapter 14, Article 3, Division 4 by amending Section 143.0420; amending Chapter 14, Article 3, Division 7 by amending Sections 143.0720, 143.0740, 143.0742, 143.0743, 143.0744, 143.0746, and by adding new Section 143.0748; amending Chapter 14, Article 3, Division 10 by amending Sections 143.1010, 143.1020, and 143.1025; amending Chapter 14, Article 3, Division 11 by amending Section 143.1103; amending Chapter 14, Article 3, Division 13 by amending Sections 143.1303 and 143.1310; amending Chapter 14, Article 3, Division 14 by retitling Division 14, and by amending Section 143.1403; amending Chapter 15, Article 5, Division 2 by amending Sections 155.0231, 155.0238, 155.0242, and by adding new Section 155.0243; amending Chapter 15, Article 9, Appendix C; amending Chapter 15, Article 10, Division 2 by amending Section 1510.0201; amending Chapter 15, Article 13, Division 3 by amending Section 1513.0304; amending Chapter 15, Article 13, Division 4 by amending Section 1513.0402; and amending Chapter 15, Article 16, Division 1 by repealing Section 1516.0103, and by amending Sections 1516.0106, 1516.0112, 1516.0117, 1516.0121, 1516.0122, 1516.0139, and 1516.0140, relating to the 2024 Land Development Code Update.
Subitem-B: (O-2024-124) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 16, 2024 Introduction of an Ordinance amending Chapter 15, Article 6, Division 3 of the San Diego Municipal Code by amending Sections 156.0302, 156.0304, 156.0305, 156.0307, 156.0308, 156.0309, 156.0310, 156.0311, 156.0313, and 156.0315, amending Chapter 15, by amending the title of Article 7, amending the title of Division 1, amending Sections 157.0101, 157.0103, 157.0104, and adding Sections 157.0105, 157.0106, 157.0107, 157.0108, 157.0109, 157.0110, 157.0111, 157.0112, 157.0113, 157.0114, 157.0115, 157.0116, 157.0117, 157.0118, 157.0119 and Figure A, and repealing Chapter 15, Article 7, Divisions 2, 3, 4 and Figure A, all relating to the Centre City Planned District and The Gaslamp Quarter Planned District Land Development Code Update.
Subitem-C: (R-2024-582) ADOPTED AS RESOLUTION R-315654
Resolution approving the Public Right-of-Way In Lieu Fee.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on May 17, 2024.
ACTION: Motion by Chair Lee, second by Committee Member Whitburn, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Planning: Liz Saidkhanian, (619) 533-5990
City Attorney Contact: Lindsey Sebastian
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, July 01, 2024
COUNCIL ACTION: Start Time: 3:25 PM
Public testimony by Marcela Escobar, Mary Ann Brady, Joy Sunyata, Evan Strawn, Geoffrey Heuter, Cesar A. Javier, Lori Saldaña, John Stump, Saad Asad, Blair Beekman, The OriginalDra, Craig Benedetto, Manny Rodriguez, Kathleen Lippitt, Judi Strang, Kelly McCormick, and Michael.
MOTION BY KENT LEE TO INTRODUCE THE ORDINANCES IN SUBITEMS A AND B; AND ADOPT THE RESOLUTION IN SUBITEM C. 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, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.
Item 202: Partial Public Right-of-Way Vacation of Olney Street and Coastal Development Permit for 2182 Oliver Avenue - Project No. PRJ-0696078.
Total Estimated Cost of Proposed Action and Funding Source:
All costs associated with the processing of this project are recovered through a deposit account funded by the applicant.
Council District(s) Affected: 1.
Proposed Actions:
Public Right-of-Way Vacation of an eight-foot wide by 125-foot long (approximately 1,000 square-foot) area along Olney Street, and Coastal Development Permit to demolish an existing detached garage and construct a new two-story 1,408 square-foot single dwelling unit, located in the rear yard of the project site adjacent to an unnamed alley, and new retaining walls located at 2182 Oliver Avenue. The 0.17-acre site is in the RM-1-1 Zone, Coastal Overlay Zone (Non-Appealable Area 2), Coastal Height Limit Overlay Zone, and Parking Impact Overlay Zone within the Pacific Beach Community Plan area.
Subitem-A: (R-2024-647) ADOPTED AS RESOLUTION R-315655
Resolution determining that the 2182 Oliver Avenue Project (Project No. 0696078) is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines.
Subitem-A: This item is not subject to the Mayor's veto.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, July 01, 2024
Subitem-B: (R-2024-646) ADOPTED AS RESOLUTION R-315656
Resolution approving Coastal Development Permit No. 2581618 for the 2182 Oliver Avenue Project (Project No. 0696078).
Subitem-B: This item is not subject to the Mayor's veto.
Subitem-C: (R-2024-648) ADOPTED AS RESOLUTION R-315657
Resolution to vacate a portion of Olney Street, Public Right-of-Way Vacation No. PMT-2581617, with Reservations of Public Utility Easements for the 2182 Oliver Avenue Project (Project No. 0696078).
Subitem-C: This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Will Rogers, (619) 446-5283
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 2:05 PM
Public testimony by Cesar A. Javier, John Stump, and The OriginalDra.
MOTION BY JOE LACAVA 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, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.
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 Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, July 01, 2024
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, July 01, 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.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:48 p.m.
COUNCIL ACTION: Start Time: 4:48 PM