REVISED
CITY OF SAN DIEGO
COUNCIL AGENDA
COUNCIL PRESIDENT
Sean Elo-Rivera • Ninth District
COUNCIL PRESIDENT PRO TEM
Monica Montgomery Steppe • Fourth District
COUNCILMEMBERS
Joe LaCava • First District
Jennifer Campbell • Second District
Stephen Whitburn • Third District
Marni von Wilpert • Fifth District
Chris Cate • Sixth District
Raul A. Campillo • Seventh District
Vivian Moreno • Eighth District
Charles Modica Mara W. Elliott
Deputy Director-Office of the
Independent
City Attorney
Budget Analyst
Elizabeth Maland
City Clerk
Virtual Meeting
Tuesday, February 01, 2022
Tuesday, February 01, 2022
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, FEBRUARY 01, 2022, AT 10:00 AM
11AM COUNCIL ADJOURNS INTO CLOSED SESSION
CITY ADMINISTRATION BUILDING
12TH FLOOR, 202 “C” STREET SAN DIEGO, CA 92101
VIRTUAL CITY COUNCIL MEETING (Rev 1/27/22)
COVID- 19 PUBLIC SERVICE ANNOUNCEMENT REGARDING COUNCIL MEETING ACCESS AND PUBLIC COMMENT:
Until further notice, City Council meetings will be conducted pursuant to the provisions of California Government Code section 54953(e), added by Assembly Bill 361, which allows the City to use teleconferencing and to provide the public an opportunity to address the City Council via a call-in option or an internet-based service option, during a proclaimed state of emergency when measures to promote social distancing are in effect or the City Council has determined meeting in person would present imminent risks to the health or safety of attendees. Additionally, the Council has approved Temporary Rules of Council as amended on August 3, 2021, to be used until further notice.
During the State of Emergency related to the COVID-19 pandemic and in the interest of public health and safety, some, if not all, City Council members will be participating in the City Council meetings via a virtual teleconference platform. There will be no members of the public in attendance at the City Council meetings. We are providing alternatives to in-person attendance for participating in City Council meetings.
In lieu of in-person attendance, members of the public may participate and provide comment via telephone, ZOOM, using the City Clerk webform, or via U.S. Mail of written materials, as follows:
Joining the Webinar and Offering Phone-in Testimony
The City Council meetings will be held virtually using the Zoom Webinar platform. Members of the public can offer public comment on agendized items or during Non-Agenda Public Comment by accessing the meeting online using a desktop computer, laptop, tablet, or Smartphone, or by calling into the meeting using a Smartphone, cellular phone, or land line. https://sandiego.zoomgov.com/j/1614863189
To join by using iPhone one-tap:
US: +16692545252,,1614863189#
Tuesday, February 01, 2022
To join by telephone: Dial 1-669-254 5252 +
When prompted, input Webinar ID: 161 486 3189 #
How To Speak To A Particular Item or during Non-Agenda Public Comment:
When the Clerk introduces the item you would like to comment on (or indicates it is time for Non-Agenda Public Comment), raise your hand by either tapping the “Raise Your Hand” button on your computer, tablet, or Smartphone, or by dialing *9 on your phone. You will be taken in the order in which you raised your hand. You may only speak once on a particular item.
When the Clerk indicates it is your turn to speak, unmute your phone by tapping the Unmute button on your computer, tablet or Smartphone, or dial *6 on your phone.
Comment on Agenda Items, Non-Agenda Public Comment, and Closed Session Public Comment may be submitted using the webform indicating the comment type and item number (if relevant) for which you wish to submit your comment. Comments received by 8:00 AM the day of the meeting will be distributed to the City Council and posted online with the meeting materials. All webform comments are limited to 500 words but may include attachments. Comments received after 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item. (Rev. 1/28/22) Written Materials. Instead of submitting written materials as an attachment to the webform, you may submit via U.S. Mail to the City Clerk’s attention at 202 C Street, MS2A San Diego, CA 92101. Materials submitted via U.S. Mail must be received one business day prior to the meeting to be distributed to the City Council. Comments received via U.S. Mail on the day of, the meeting will be submitted into the written record for the relevant item.
The public may view the meetings on public television (within the City of San Diego only) on City TV Channel 24 for Cox Communications and Spectrum or Channel 99 for AT&T U-Verse, or view the meetings online (link is external).
REQUESTS FOR ACCESSIBILITY MODIFICATIONS OR ACCOMMODATIONS As required by the Americans with Disabilities Act (ADA), requests for agenda information to be made available in alternative formats, and any requests for disability-related modifications or accommodations required to facilitate meeting participation, including requests for alternatives to observing meetings and offering public comment as noted above, may be made by contacting the City Clerk at (619) 533-4000 or email to: [email protected]. The City is committed to resolving accessibility requests swiftly in order to maximize accessibility.
Tuesday, February 01, 2022
Requests for translation services to offer public comment may be made by contacting the City Clerk at (619) 533-4000 or email to: [email protected]. The City is committed to addressing language translation requests swiftly in order to maximize public participation.
Las solicitudes de servicios de traducción para ofrecer comentarios públicos se deberán hacer poniéndose en contacto con la City Clerk al (619) 533-4000 o por correo electrónico a:[email protected]. La ciudad se compromete a responder rápidamente a las solicitudes de traducción de idiomas con el fin de maximizar la participación del público.
Ang kahilingan para sa mga serbisyo sa pagsasalin upang mag-alok ng publikong puna ay maaaring magawa sa pamamagitan ng pakikipag-ugnayan sa City Clerk sa (619) 533-4000 o kaya ay mag-email sa mailto:[email protected]. Ang lungsod ay nakatuon sa pagtugon ng mabilis sa mga kahilingan sa pagsasalin ng wika upang mai-maximize ang pakikilahok sa publiko.
Cần dịch vụ thông dịch để phát biểu ý kiến trước công chúng, xin hãy liên hệ với City Clerk (Thư Ký Thành Phố) theo số (619) 533-4000 hoặc email đến [email protected]. Thành phố cam kết sẽ giải quyết các yêu cầu thông dịch một cách nhanh chóng để gia tăng sự tham dự của công chúng.
يمكن تقديم طلبات خدمات الترجمة لتقديم تعليقات عامة عن طريق الاتصال بكاتب المدينة على (619) 533-4000 أو mailto: [email protected] بمعالجة المدينة تلتزم طلبات الترجمة اللغوية بسرعة من أجل زيادة المشاركة العامة パブリックコメントを要求するための翻訳サービス依頼は、市の書記（電話：619-533-4000ま
たはメール：mailto:[email protected]）に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-4000 또는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다.
為了鼓勵更多市民參與 '公眾意見'， 市政府設定了快捷的中文翻譯服務。 如
你有任何關於 '公開意見' 想發表， 請致電: (619) 533-4000， 或電郵
[email protected] 我們會為你翻譯。
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
Tuesday, February 01, 2022
PLEASE NOTE: THE PUBLIC PORTION OF THIS AGENDA, LISTED BELOW INCLUDING NONAGENDA PUBLIC COMMENT AND CLOSED SESSION PUBLIC COMMENT IS TAKEN DURING THE 10 AM MORNING PORTION OF THE AGENDA. THE COUNCIL ADJOURNS INTO CLOSED SESSION AT APPROXIMATELY 11 AM AND RESUMES THE PUBLIC PORTION OF THE MEETING AT 2 PM. (Rev. 1/28/22)
ROLL CALL
PLEDGE OF ALLEGIANCE
Tuesday, February 01, 2022
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 100: Highway Safety Improvement Program Grant Funding for the Torrey Pines Road (Prospect Street to Coast Walk) Guardrail Project.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to authorize the Chief Financial Officer to accept, appropriate, and expend HSIP Cycle 10 Guardrail set aside grant funding in an amount not-toexceed $718,700 contingent upon receipt of a fully executed grant agreement.
Council District(s) Affected: 1.
Proposed Actions:
Subitem-A: (R-2022-246)
Resolution determining that authorization of the acceptance and expenditure of Highway Safety Improvement Program (HSIP) grant funds for the Torrey Pines Road (Prospect to Coast Walk) Guardrail project is exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines.
Subitem-B: (R-2022-245)
Resolution authorizing the Mayor, or his designee, to take all necessary actions to secure funding in an amount not-to-exceed $718,700 in Fund CIP AIE00002 Guard Rails (B-19056, Torrey Pines Rd, Prospect-Coast Walk GR), for the Torrey Pines Road (Prospect to Coast Walk) Guardrail project; and authorizing the Chief Financial Officer to increase the Fiscal Year 2022 Budget, and to accept, appropriate and expend an amount not-to-exceed $718,700, for the purpose of the Torrey Pines Road (Prospect to Coast Walk) Guardrail project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.
Committee Actions Taken: N/A
Transportation Department: Duncan Hughes, (619) 533-3141 City Attorney Contact: Ryan P. Gerrity
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, February 01, 2022
Item 101: Settlement of OHL USA, Inc., v. City of San Diego, San Diego Superior Court Case No. 37-2021-00047189-CU-CO-CTL, Risk No. 28375.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost for this request is in the amount of $5,900,000 which will be paid from the Capital Improvement Program (CIP), Pure Water Program (PWP Morena Conveyance) - $4,897,000 from the Metro Sewer CIP, and $1,003,000 from the Water Utility CIP. The original contract was for $95,243,645.12. With the execution of this change order, the total amount will not exceed $101,143,645.12.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-225)
Resolution authorizing the settlement of OHL USA, Inc., v. City of San Diego, San Diego Superior Court Case No. 37-2021-00047189-CU-CO-CTL, related to a complaint for contractual dispute filed by OHL-USA (OHL) as the prime contractor on the Morena Conveyance North Project, which is part of the City’s Pure Water Program. Risk Claim No. 28375.
Committee Actions Taken: N/A
Office of the City Attorney: Jon Taylor, (619) 235-5898 Item S500: Reappointment to the San Diego County Regional Airport Authority. (Added 1/26/2022)
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 5.
Proposed Actions:
(R-2022-255)
Resolution confirming the Mayor's reappointment of Councilmember Marni von Wilpert to the San Diego County Regional Airport Authority for a term ending January 31, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Mathew Gordon, (619) 533-4506 City Attorney Contact: Kathy Steinman
Tuesday, February 01, 2022
Item S501: Amendment to the Temporary Rules of Council Due to COVID-19. (Added 1/28/2022)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-263)
Resolution updating Temporary Rules of Council, Superseding Rules 1.3, 2.2, 2.6,
2.10, and 8.2, relating to time, place and procedures for Council meetings in response to the Covid-19 emergency.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Heather Ferbert
Tuesday, February 01, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: San Diego Legion Opening Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming February 6th, 2022, to be “San Diego Legion Opening Day” in the City of San Diego.
Item 31: Meredith Dibden Brown Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming February 1, 2022, as “Meredith Dibden Brown Day” in the City of San Diego.
Item 32: Beta Pi Sigma Sorority, Inc. Founder's Day.
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming February 5, 2022, to be “Beta Pi Sigma Sorority, Inc. Founder's Day” in the City of San Diego.
Item 33: Lunar New Year Day.
COUNCILMEMBER CATE AND COUNCIL PRESIDENT ELO-RIVERA’S
RECOMMENDATION: (Rev. 1/28/2022)
Proclaiming February 1, 2022, as “Lunar New Year Day” in the City of San Diego.
Item S502: National Biotechnology Month. (Added 1/28/2022) COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming the month of January to be “National Biotechnology Month” in the City of San Diego.
Tuesday, February 01, 2022
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM THE CONSENT AGENDA
PUBLIC COMMENT ON CLOSED SESSION (Rev. 1/28/22)
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.) Per Temporary Rule 2.6.2, non-agenda public comment is limited to two (2) minutes per speaker.
Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes, during the morning session. Non-agenda public comment at the beginning of the meeting may be limited to 30 minutes, with any remaining speakers given an opportunity to speak after Council concludes the other agenda items for the day.
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
Tuesday, February 01, 2022
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: Amend the Short-Term Residential Occupancy (STRO) Implementation Date.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
As discussed at the October 11, 2021 City Council meeting, the total one-time costs to implement the STRO Program are estimated to be $1,247,469. Approval of this amendment to revise the STRO implementation date would result in a reduction of the one-time costs that would be incurred this fiscal year to $521,796. The remainder of the one-time costs of $725,673 would be incurred approximately three (3) to six (6) months prior to the new implementation date.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-77)
Introduction of an Ordinance amending the implementation date for the ShortTerm Residential Occupancy Regulations adopted in Ordinance O-21305 (April 14, 2021).
Committee Actions Taken: N/A
Office of the City Treasurer: Tricia Mendenhall, (619) 235-5833 City Attorney Contact: Heather Ferbert
DISCUSSION, ORDINANCES TO BE INTRODUCED:
Tuesday, February 01, 2022
ADOPTION AGENDA
Item 331: Calling a Municipal Primary Election in The City of San Diego to be Held on June 7, 2022, and Consolidating Elections with the California State Primary Election.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Please note that the financial information associated with this item represents the initial budgeted amount of $2,287,305 within FY 2022 Citywide Expenditures.
Final election costs will be calculated based on the total number of participating jurisdictions and the number of items placed on the ballot.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2022-81)
Introduction and adoption of an Ordinance calling a Municipal Primary Election to be held in the City of San Diego on Tuesday, June 7, 2022, and consolidating the Municipal Primary Election with the California State Primary Election to be held on the same date.
Subitem A is not subject to the Mayor's veto.
Subitem-B: (R-2022-249)
Resolution requesting the consolidation of a Municipal Primary Election to be held on Tuesday, June 7, 2022, with the California State Primary Election to be held on the same date.
Subitem B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 City Attorney Contact: Kathy Steinman
DISCUSSION, ORDINANCES TO BE INTRODUCED AND ADOPTED WITH RESOLUTIONS TO BE ADOPTED: (Rev. 1/31/22)
Tuesday, February 01, 2022
ADOPTION AGENDA
Item 332: Appeal of the Environmental Determination for 7248 Encelia/7231 Romero CDP/SDP, Project No. 624464.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
None. All costs associated with processing of this project application are paid through a deposit account funded by the applicant.
Council District(s) Affected: 1.
Proposed Actions:
Appeal of the Environmental Determination for a proposed Coastal Development Permit (CDP) and Site Development Permit (SDP) proposing demolition of an existing two-story, 5,022 square-foot single family residence and construction of a three-story, 8,641 square-foot single family residence on a
0.44-acre lot at 7248 Encelia Drive and construction of a three-story, 4,945 square-foot single family residence with 3,267 square-foot basement/garage on a 0.23-acre lot at 7231 Romero Drive. A Mitigated Negative Declaration No. 624464 has been prepared for the project in accordance with State of California Environmental Quality Act (CEQA) Guidelines. The scope of the subject hearing only includes the project’s environmental determination, and not the CDP and SDP. The 0.67-acre site is located in the RS-1-4 Zone, Coastal (Non-Appealable Area) Overlay Zone, Coastal Height Limit Overlay Zone, Fire Brush Zone 300-foot Buffer Area, Fire Hazard Severity Zone and Parking Impact Area within the La Jolla Community Plan and Local Coastal Program Land Use Plan areas.
According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal, adopt Mitigated Negative Declaration No. 624464 and adopt the Mitigation Monitoring and Reporting Program; or (2) By a majority vote, grant the appeal and set aside the environmental determination in accordance with San Diego Municipal Code Section 112.0520(f);
Directing the City Attorney to prepare the appropriate resolution according to Section 40 of the City Charter;
If the City Council grants the appeal, the lower decision maker's decision to approve the project shall be held in abeyance. The City Council shall retain DISCUSSION, NOTICED HEARINGS:
Tuesday, February 01, 2022
jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Xavier Del Valle, (619) 557-7941
City Attorney Contact: Jeanne MacKinnon
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION (Rev. 1/28/22)
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT