City of San Diego

Measure H Charter Amendment - Majority Approval Required

BALLOT TITLE

Amendment to San Diego City Charter Article V, Section 55 to authorize childcare in recreational facilities and buildings on dedicated parkland.

BALLOT SUMMARY

This measure would amend the San Diego City Charter (Charter) Article V, Section 55 to allow the City Manager to approve childcare activities at recreation facilities and buildings in dedicated park property owned by the City of San Diego. For purposes of this amendment, childcare means any State-licensed childcare facility, that is not an in-home family day care, in which nonmedical care and supervision is provided for children under age 18 in a group setting for less than 24 hours per day. Childcare, for this amendment, does not include educational or instructional uses provided by public, private, home, or charter schools.

The City Council placed the measure on the ballot. If approved, the Charter amendment would become effective as of the date the California Secretary of State officially chapters the amendment.

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The City Council directed the City Attorney to prepare a ballot title, summary, and impartial analysis of a San Diego City Charter (Charter) amendment measure that would authorize childcare in recreational facilities and buildings on dedicated parkland, which the City Council voted to place on the November 8, 2022 Municipal Special Election ballot. (See San Diego Resolution R-314248, adopted on July 25, 2022.)

The measure seeks voter approval to amend the Charter by amending Article V, Section 55, Park and Recreation.

The City Council adopted San Diego Ordinance O-21509 on July 25, 2022 to submit the Charter amendment measure to the voters on the November 8, 2022 Municipal Special Election ballot.

CITY ATTORNEY’S IMPARTIAL ANALYSIS

San Diego City Charter (Charter) section 55 governs the allowed uses of City of San Diego-owned parkland. Dedicated parkland is City-owned property that the Council of the City of San Diego (City Council) or California Legislature has formally and permanently set aside by City Council ordinance or State statute for park or recreation purposes.

Once City-owned property is dedicated as parkland, Charter section 55 requires the City to permanently use that parkland for park or recreation purposes unless an alternative use is approved by two-thirds of the City’s voters. Childcare is not currently a park or recreation use.

If approved, this ballot measure would amend Charter section 55 to allow, but not require, the City Manager to authorize childcare in recreational facilities and buildings on dedicated parkland. For purposes of this amendment, childcare means any State-licensed childcare facility, other than in-home family day care, in which nonmedical care and supervision is provided for children under age 18 in a group setting for less than 24 hours per day. Childcare would not include educational or instructional use provided by public, private, home, or charter schools. This amendment would not authorize the construction of new buildings on dedicated parkland solely for childcare.

The Charter amendment proposed in this measure also includes minor changes for consistency with other Charter provisions, such as punctuation and naming conventions.

The measure can only be repealed by a majority of City voters.

This measure was proposed by members of the City Council, which voted to place it on the ballot. If approved by a majority of the qualified voters voting on the measure, the Charter would be amended as of the date the amendment is chaptered by the California Secretary of State. 

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FISCAL IMPACT STATEMENT FOR CITY MEASURE ON NOVEMBER 8, 2022 BALLOT

MEASURE H - CHARTER AMENDMENT REGARDING ARTICLE V, SECTION 55

This measure would allow childcare as an authorized use at existing Parks and Recreation facilities and buildings that are located on dedicated parkland in the City of San Diego.

There is no immediate fiscal impact to the measure, though there may be potential future costs and revenues to the City, should suitable park facilities and private childcare operators be successfully identified. A recent City analysis found that 42 Recreation Centers within the City currently meet the basic space requirement necessary for a small 4-classroom childcare facility of at least 5,000 square feet of ground floor space and an adjacent open area or parking lot that could be converted into a play area. Additional sites in regional parks may also be suitable for childcare use. Existing Recreation Centers have not yet been assessed to determine whether they meet State guidelines or any other requirements necessary to operate a childcare facility, or whether there may be impacts to existing recreational activities. Impacts to existing recreation activities would likely be assessed as part of a future permitting process for childcare facilities at City parks that has not yet been developed.

Costs for a permitting process are unknown as they would depend on future City actions. Additional potential unknown future costs could include one-time facility improvement costs necessary to ensure the site(s) meet the needs of a childcare facility and are in compliance with building code requirements, and on-going administrative, janitorial, maintenance, or other similar costs. It is unknown whether these costs would be borne by the City or the private childcare operator(s). If the City were to be responsible for such costs, revenue from a lease or other agreement between the City and private childcare operator(s) could offset at least some, or possibly all of the City’s costs. 

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