THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JANUARY 24, 2022
AT 2:00 PM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..........................................................................................2 ATTENDANCE DURING THE MEETING...................................................................................2 ROLL CALL ..........................................................................................................................2 INVOCATION.......................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................3 MAYOR, COUNCIL, CITY ATTORNEY, IBA, CITY CLERK COMMENT ..........................................7 Item 200: Update Regarding the IBA Recruitment and Call for Community .............................7 Item 201: Consultant Services Contracts with Holland & Knight LLP to Provide Federal Legislative and Executive Branch Consulting Services .............................................................8 Item 202: California Coastal Commission Amendments to the Inclusionary Affordable Housing Regulations .........................................................................................................................9 Item 250: Submission of Ballot Proposals for the November 8, 2022 Ballot............................10 Item 251: Notice of Pending Final Map Approval-Creekside Pointe Residences.......................11 REPORT OUT FROM CLOSED SESSION................................................................................12 ADJOURNMENT .................................................................................................................12 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, January 24, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:00 p.m. The meeting was adjourned by Council President Elo-Rivera at 3:56 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
*CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
*CD-3 Councilmember Stephen Whitburn
*CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
*CD-6 Councilmember Chris Cate
*CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
*CD-9 Council President Sean Elo-Rivera
*NOTE: Councilmember LaCava, Councilmember Whitburn, Council President Pro Tem Montgomery Steppe, Councilmember Cate, Councilmember Campillo, and Council President Elo-Rivera attended in person.
ABSENT:
None.
CITY CLERK:
Maland (gs)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-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, January 24, 2022
INVOCATION
The invocation was given by City Clerk Elizabeth Maland.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Sandra Stahl commented on unleaded fuel at Montgomery-Gibbs Executive Airport.
COUNCIL ACTION: Start Time: 3:05 PM
PUBLIC COMMENT-2:
Daniel Smiechowski commented on a public safety issue regarding traffic on Morena Blvd.
COUNCIL ACTION: Start Time: 3:07 PM
PUBLIC COMMENT-3:
Terry Ann Skelley commented on marijuana businesses and taxes.
COUNCIL ACTION: Start Time: 3:10 PM
PUBLIC COMMENT-4:
Francine Maxwell commented on elected officials speaking to communities.
COUNCIL ACTION: Start Time: 3:11 PM
PUBLIC COMMENT-5:
Peggy Walker commented on young children ingesting marijuana edibles.
COUNCIL ACTION: Start Time: 3:13 PM
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, January 24, 2022
PUBLIC COMMENT-6:
William Perno commented on working collaboratively with cannabis retail outlets for reasonable service programs.
COUNCIL ACTION: Start Time: 3:16 PM
PUBLIC COMMENT-7:
Joe Eberstein commented on marijuana harms and amending the cannabis retail ordinance.
COUNCIL ACTION: Start Time: 3:18 PM
PUBLIC COMMENT-8:
Lori Saldaña commented on unleaded fuel at Montgomery-Gibbs Executive Airport.
COUNCIL ACTION: Start Time: 3:19 PM
PUBLIC COMMENT-9:
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 3:22 PM
PUBLIC COMMENT-10:
Kelly McCormick commented on skyrocketing teenage nicotine addiction.
COUNCIL ACTION: Start Time: 3:24 PM
PUBLIC COMMENT-11:
Rosa Sanchez (translation provided by the Office of the City Clerk) commented on proposed marijuana laws and allowing community input.
COUNCIL ACTION: Start Time: 3:26 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, January 24, 2022
PUBLIC COMMENT-12:
Mary D. commented on reopening San Diego to all citizens.
COUNCIL ACTION: Start Time: 3:30 PM
PUBLIC COMMENT-13:
Shaun Chamberlin commented on amending the San Diego Municipal Code related to marijuana dispensaries.
COUNCIL ACTION: Start Time: 3:33 PM
PUBLIC COMMENT-14:
Delfis Alvarez (translation provided by the Office of the City Clerk) commented on proposed marijuana laws and allowing community input.
COUNCIL ACTION: Start Time: 3:35 PM
PUBLIC COMMENT-15:
Ana Isabel Solano (translation provided by the Office of the City Clerk) commented on proposed marijuana laws.
COUNCIL ACTION: Start Time: 3:40 PM
PUBLIC COMMENT-16:
Delia Contreras (translation provided by the Office of the City Clerk) commented on proposed marijuana laws.
COUNCIL ACTION: Start Time: 3:45 PM
PUBLIC COMMENT-17:
Judi Strang commented on public health regarding tobacco related diseases.
COUNCIL ACTION: Start Time: 3:49 PM
PUBLIC COMMENT-18:
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, January 24, 2022
Becky Rapp commented on the vaping products used by young people.
COUNCIL ACTION: Start Time: 3:52 PM
PUBLIC COMMENT-19:
Maria Cortez commented on the proposed amendments of the cannabis retail ordinance.
COUNCIL ACTION: Start Time: 3:54 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: Update Regarding the Independent Budget Analyst (IBA) Recruitment and Call for Community and Councilmember Input Regarding Preferred Skills and Qualifications.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
CONTINUED TO MONDAY, JANUARY 25, 2022
This item is informational only.
Committee Actions Taken: N/A
Council President's Office: Lydia Van Note, (619) 236-6699 COUNCIL ACTION: Start Time: 2:03 PM
MOTION BY SEAN ELO-RIVERA TO CONTINUE TO TUESDAY, JANUARY 25, 2022, AT 2:00 P.M.
TO ALLOW THE RECRUITER TO BE PRESENT. Second by Raul A. Campillo.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, January 24, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 201: Authorization of Execution and Funding of the Consultant Services Contracts Between the City of San Diego and Holland & Knight LLP to Provide Federal Legislative and Executive Branch Consulting Services and Representation.
Total Estimated Cost of Proposed Action and Funding Source:
This contract is for an amount not-to-exceed $168,000 annually, for a total not-to-exceed $840,000, for a term not-to-exceed 5 years. Funding for this agreement will come from numerous department accounts including: Public Utilities, Facilities, Economic Development, Transportation, Police Department, Emergency Services, Sustainability, and the City Treasurer.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-220) ADOPTED AS RESOLUTION R-313864
Resolution authorizing execution of a contract with Holland & Knight LLP for federal legislative and executive branch consulting services, in an amount not to exceed $840,000, and a concurrent and future conflict of interest waiver, and related actions.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on January 12, 2022.
ACTION: Motion by Chair Campillo, second by Councilmember Campbell, to recommend Council approval of staff's recommendation.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Government Affairs: Adrian Granda, (619) 533-5965
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 2:37 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, January 24, 2022
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 202: California Coastal Commission Amendments to the Inclusionary Affordable Housing Regulations.
(Continued from the Council meeting of January 11th, 2022, Item 333, at the request of Councilmember Campbell, for further review.)
Total Estimated Cost of Proposed Action and Funding Source:
The proposed amendments do not change any current funding mechanisms or funds. The City’s Inclusionary Affordable Housing regulations require developers of ten or more housing Units (outside the Coastal Overlay Zone) to pay an Inclusionary Affordable Housing Fee. Revenue from this fee is deposited into the City’s Affordable Housing Fund. The uses of these funds, which are administered by the San Diego Housing Commission (SDHC), include, but are not limited to, the creation of affordable rental.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2022-219) ADOPTED AS RESOLUTION R-313865
Resolution determining that the amendments to the San Diego Municipal Code relating to accepting the California Coastal Commission's suggested modifications required for certification of the City's Inclusionary Affordable Housing Regulations are not a project pursuant to the California Environmental Quality Act and are exempt from the California Environmental Quality Act pursuant to Section 15183 of the CEQA Guidelines.
Subitem-B: (O-2022-68) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 8, 2022 Introduction of an Ordinance amending Chapter 14, Article 2, Division 13 of the San Diego Municipal Code by amending Sections 142.1302, 142.1305, and 142.1307, relating to accepting the California Coastal Commission’s suggested modifications required for certification of the City's Inclusionary Affordable Housing Regulations.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, January 24, 2022
Planning: Renee Mezo, (619) 236-6033
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 2:07 PM
Public testimony by Joy Sunyata and Lori Saldaña.
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: Chris Cate;
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 8, 2022 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].
Therefore, the City Clerk’s Office has established the following calendar for the November 8, 2022, election.
DAY DATE DAYS
BEFORE
ELECTION
EVENT
Monday 04/04/22 218 LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday
Wednesday
04/20/22
06/08/22
202
153
Initial Committee review
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, January 24, 2022
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
Thursday –
Friday
06/09/22 –
08/12/22
152 –
88 Council discusses measures and adopts
ordinances prepared by City Attorney to
place measures on the ballot
Friday 08/12/22 88 Last day for City Clerk to file with Registrar of Voters election material (ordinances and
resolutions related to the calling of election
and measure(s), if any)
Tuesday 08/16/22 84 Last day to submit the Fiscal Impact Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Friday 08/19/22 81 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 [email protected] or (619) 533-4000.
Item 251: Notice of Pending Final Map Approval-Creekside Pointe Residences.
Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Creekside Pointe Residences" (T.M. No. 1494351, PTS No. 424931) located at 5282 Naranja Street, in the RM-2-5 zone, within the Encanto Community Plan Area, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, January 24, 2022
PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Frederick R. LePage (619) 446-5434.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, January 24, 2022
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:56 p.m.
COUNCIL ACTION: Start Time: 3:56 PM