THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JULY 15, 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 .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 Item 200: Confirming the Appointment of the Chief of the San Diego Fire-Rescue Department, Assuming Office on August 23, 2024.....................................................................................8 Item 201: Dissolving First Franchise Compliance Review Committee .......................................9 Item 202: Establishing the Second Franchise Compliance Review Committee.........................10 Item 203: California Coastal Commission Modifications to the Housing Action Package 1.0 Amendments to the Municipal Code and Local Coastal Program.............................................11 Item 204: Adoption of Resolution of Necessity to Commence Eminent Domain Process to Acquire Permanent Easements and Temporary Construction Area Easements for the Coastal Rail Trail Project, CIP Project S-00951 .......................................................................................13 Item 250: Submission of Ballot Proposals for the November 5, 2024, Ballot...........................14 Item 251: Ballot Proposals Forwarded ................................................................................15 Minutes of Monday, July 15, 2024
Table of Contents (Continued)
Item S400: SDG&E Franchise Independent Audit Report and Franchise Compliance Review Committee Report..............................................................................................................16 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, July 15, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:04 a.m. The meeting was recessed by Council President Elo-Rivera at 10:20 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:04 p.m. with Councilmember Moreno not present. Councilmember Moreno arrived at the meeting at 2:13 p.m.
Councilmember Whitburn left the meeting at 5:08 p.m. Councilmember Campbell left the meeting at 5:10 p.m. Councilmember Campillo left the meeting at 5:36 p.m. The meeting was adjourned by Council President Elo-Rivera at 6:22 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.
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-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, July 15, 2024
(9) Council President Elo-Rivera-present
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 Campillo.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Tiffany Vinson v. City of San Diego
San Diego Superior Court Case No. 37-2020-00008295-CU-OE-CTL Risk Management Department Claim File No. 23686
REFERRED TO CLOSED SESSION OF MONDAY, JULY 15, 2024
DCA Assigned: D. M. Florence
This employment law action arises from Plaintiff Tiffany Vinson’s whistleblower retaliation and disability discrimination claims. Plaintiff is a former limited employee who served as a Senior Management Analyst in the Office of Homeland Security. 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: 10:08 AM
Public testimony by Blair Beekman, The OriginalDra, and Lori Saldaña.
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, July 15, 2024
CS-2 Shirley Wilson v. City of San Diego
San Diego Superior Court Case No. 37-2022-00044709-CU-PO-CTL Risk Management Department Claim File No. 29850
REFERRED TO CLOSED SESSION OF MONDAY, JULY 15, 2024
DCA Assigned: R. J. Rice
This case arises from a cross walk fatality of a 70-year-old pedestrian on 2500 Torrey Pines Road in San Diego. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek directive.
COUNCIL ACTION: Start Time: 10:08 AM
Public testimony by Blair Beekman, The OriginalDra, and Lori Saldaña.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Joy Sunyata commented on homeless.
COUNCIL ACTION: Start Time: 5:54 PM
PUBLIC COMMENT-2:
Geoffrey Hueter commented on ADU allowable development area.
COUNCIL ACTION: Start Time: 5:57 PM
PUBLIC COMMENT-3:
Clifford Weiler commented on Kettner Vine Project.
COUNCIL ACTION: Start Time: 5:59 PM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, July 15, 2024
PUBLIC COMMENT-4:
Lori Saldaña commented on surveillance.
COUNCIL ACTION: Start Time: 6:01 PM
PUBLIC COMMENT-5 (virtual):
Barbara Gordon commented on effects of marijuana use.
COUNCIL ACTION: Start Time: 6:04 PM
PUBLIC COMMENT-6 (virtual):
Terri-Ann Skelley commented on youth mental health and drug use.
COUNCIL ACTION: Start Time: 6:06 PM
PUBLIC COMMENT-7 (virtual):
Kathleen Lippitt commented on Grand Jury Report, prop 16, and regulations.
COUNCIL ACTION: Start Time: 6:08 PM
PUBLIC COMMENT-8 (virtual):
Becky Rapp commented on Grand Jury Report, and effects of marijuana on youth and seniors.
COUNCIL ACTION: Start Time: 6:10 PM
PUBLIC COMMENT-9 (virtual):
Megan Stuart commented on gun violence, Grand Jury Report, and health impacts of marijuana on children and seniors.
COUNCIL ACTION: Start Time: 6:12 PM
PUBLIC COMMENT-10 (virtual):
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, July 15, 2024
Blair Beekman commented on violent acts, and gay pride issue.
COUNCIL ACTION: Start Time: 6:13 PM
PUBLIC COMMENT-11 (virtual):
John Stump commented on community engagement seminar in Barrio Logan.
COUNCIL ACTION: Start Time: 6:15 PM
PUBLIC COMMENT-12 (virtual):
The OriginalDra commented on demonizing firearms and infringing upon the Constitution.
COUNCIL ACTION: Start Time: 6:18 PM
PUBLIC COMMENT-13 (virtual):
Peggy Walker commented on Grand Jury Report, cannabis legalization, and health impact of marijuana on children and seniors.
COUNCIL ACTION: Start Time: 6:20 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
COUNCIL COMMENT-1:
Councilmember von Wilpert commented on the near assassination of a former President. She sent her condolences to former President Trump and the victims this weekend.
Councilmember von Wilpert stated, alongside Mayor Gloria and City Attorney Mara Elliot, they signed into law the Ira Sharp Firearm Dealer Accountability Act to reform the way the City does business. She mentioned the City will no longer do business with gun dealers unless they can show they are following the law and not allowing gun crimes on our streets.
COUNCIL ACTION: Start Time: 2:07 PM
CITY CLERK COMMENT:
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, July 15, 2024
Clerk Fuentes announced The City Clerk Archives’ newest exhibit on 12th floor, “Out and Proud in San Diego” by Lambada Archives of San Diego. The exhibit will be displayed from July 8, through September 8, 2024. She stated this exhibit illustrates the historical importance and cultural significance of the LGBTQIA+ Community within our City. Interested parties can learn more by visiting the display on the 12th floor of Chambers and support Lambda Archives of San Diego located at 4545 Park Blvd., Suite 104, San Diego, CA 92116.
COUNCIL ACTION: Start Time: 2:05 PM
Item 200: Confirming the Appointment of the Chief of the San Diego Fire-Rescue Department, Assuming Office on August 23, 2024.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-672) ADOPTED AS RESOLUTION R-315674
Resolution confirming the appointment of Robert Logan II to the position of Chief of the Fire Department for the City of San Diego, effective August 23, 2024, in accordance with San Diego Charter section 58.
Committee Actions Taken: N/A
Office of the Mayor: Chloe Madison, (619) 236-6213
City Attorney Contact: Jean Jordan
COUNCIL ACTION: Start Time: 2:10 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Henry L. Foster III.
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: Dissolving First Franchise Compliance Review Committee.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, July 15, 2024
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-658) ADOPTED AS RESOLUTION R-315675
Resolution dissolving the Franchise Compliance Review Committee overseeing the July 8, 2021 through July 7, 2023, compliance period.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 20, 2024.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Elo-Rivera, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.
Sustainability and Mobility: Megan Ong, (619) 236-7077
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 4:25 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, 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, Stephen Whitburn.
Item 202: Establishing the Second Franchise Compliance Review Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, July 15, 2024
Proposed Actions:
(R-2024-659) ADOPTED AS RESOLUTION R-315676
Resolution creating a Charter section 43(b) temporary committee named the Franchise Compliance Review Committee to oversee the July 8, 2023 - July 7, 2025, compliance period.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 20, 2024.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Elo-Rivera, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.
Sustainability and Mobility: Megan Ong, (619) 236-7077
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 4:25 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, 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, Stephen Whitburn.
Item 203: California Coastal Commission Modifications to the Housing Action Package 1.0 Amendments to the 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: Citywide.
Proposed Actions:
Amendments to the Municipal Code and Local Coastal Program to adopt the California Coastal Commission’s modifications to the Homes for All of Us – Housing Action Package Code Update.
The City Council adopted the Homes for All of Us – Housing Action Package Code Update on Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, July 15, 2024
March 1, 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 Homes for All of Us – Housing Action Package Code Update and amendments to the Local Coastal Program with modifications on April 12, 2024. For the Homes for All of Us – Housing Action Package Update to take effect within the Coastal Zone, the City Council must adopt the modifications. (O-2024-133) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance amending Chapter 14, Article 1, Division 3 of the San Diego Municipal Code by amending Section 141.0302; and amending Chapter 14, Article 3, Division 13 by amending Sections 143.1310 and 143.1315 relating to accepting the California Coastal Commission’s modifications for certification of the Homes For All Of Us: Housing Action Package Code Update.
Committee Actions Taken: N/A
Planning: Victoria Ortiz, (619) 236-6091
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 5:32 PM
Public testimony by Lori Saldaña, Geoffrey Hueter, Julie Porter, The OriginalDra, and Blair Beekman.
MOTION BY JOE LACAVA TO INTRODUCE. Second by Sean Elo-Rivera.
Passed by the following vote:
Yea: Joe LaCava, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera; Nay: Henry L. Foster III;
Recused: (None);
Not Present: Jennifer Campbell, Stephen Whitburn, Raul A. Campillo.
Item 204: Adoption of Resolution of Necessity to Commence Eminent Domain Process to Acquire Permanent Easements and Temporary Construction Area Easements for the Coastal Rail Trail Project, CIP Project S-00951.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Chief Financial Officer to expend funds in the amount of $156,000 from Coastal Rail Trail Project, CIP S-00951, TransNet Extension Congestion Relief Fund, contingent upon the Chief Financial Officer furnishing one or more certificates certifying that funds necessary for expenditure are, or will be, on deposit with the City Treasurer, for the purpose of making an initial fair market value deposit into the State Treasury Condemnation Fund.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, July 15, 2024
Council District(s) Affected: 1.
Proposed Actions:
(R-2024-678) ADOPTED AS RESOLUTION R-315677
Resolution determining that the public interest and necessity require acquisition of real property interests for Coastal Rail Trail Project, authorizing the City Attorney to commence proceedings in eminent domain and to obtain an order for immediate possession, and authorizing expenditure of funds for the real property interests to be acquired.
6 votes required pursuant to Cal. Code of Civ. Proc. section 1245.240.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Economic Development: Christina Cruz, (619) 533-6509
City Attorney Contact: Benjamin Syz
COUNCIL ACTION: Start Time: 3:48 PM
Public testimony by David Laudermilch, The OriginaDra, John Stump, Kathleen Lippitt, Blair Beekman, and Geoffrey Hueter.
MOTION BY JOE LACAVA TO ADOPT. Second by Kent Lee.
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 Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, July 15, 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 14 for the Regular Meeting of Monday, July 15, 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: SDG&E Franchise Independent Audit Report and Franchise Compliance Review Committee Report.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this item.
Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This is an informational item only.
Committee Actions Taken: N/A
Sustainability and Mobility: Megan Ong, (619) 236-7077
COUNCIL ACTION: Start Time: 4:25 PM
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Monday, July 15, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:22 p.m.
COUNCIL ACTION: Start Time: 6:22 PM