Minutes — San Diego City Council, February 1, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, FEBRUARY 1, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................4

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 SPECIAL ORDERS OF BUSINESS ...........................................................................................6 Item 30: San Diego Legion Opening Day ..............................................................................7 Item 31: Meredith Dibden Brown Day ..................................................................................7 Item 32: Beta Pi Sigma Sorority, Inc. Founder's Day .............................................................8 Item 33: Lunar New Year Day .............................................................................................8 Item 100: Highway Safety Improvement Program Grant Funding for the Torrey Pines Road (Prospect Street to Coast Walk) Guardrail Project...................................................................9 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.............................................................10 Item 330: Amend the Short-Term Residential Occupancy (STRO) Implementation Date............. ........................................................................................................................................11 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...........................12 Minutes of Tuesday, February 1, 2022 Page 2
Table of Contents (Continued)
Item 332: Appeal of the Environmental Determination for 7248 Encelia/7231 Romero CDP/SDP, Project No. 624464 ............................................................................................................13 Item S500: Reappointment to the San Diego County Regional Airport Authority ....................16 Item S501: Amendment to the Temporary Rules of Council Due to COVID-19 .......................16 Item S502: National Biotechnology Month ..........................................................................17 REPORT OUT FROM CLOSED SESSION................................................................................18 ADJOURNMENT .................................................................................................................18 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Tuesday, February 1, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 10:52 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 3:38 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
ABSENT
None.

CITY CLERK
Maland (cp)
*NOTE: Councilmember LaCava, Councilmember Whitburn, Councilmember Cate, Councilmember Campillo, Councilmember Moreno, and Council President Elo-Rivera attended in person during the 10:00 a.m. session.

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
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, February 1, 2022
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Cate.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Barbara Gordon commented on amendments to the marijuana ordinance.

COUNCIL ACTION: Start Time: 10:26 AM
PUBLIC COMMENT-2:

Unknown caller commented on marijuana storefronts.

COUNCIL ACTION: Start Time: 10:28 AM
PUBLIC COMMENT-3:

Bob Kuczewski commented on United States Hang Gliding and Paragliding Association document previously sent.

COUNCIL ACTION: Start Time: 10:30 AM
PUBLIC COMMENT-4:

Kelly McCormick commented on ban on single-use tobacco and marijuana products.

COUNCIL ACTION: Start Time: 10:32 AM
PUBLIC COMMENT-5:

Daniel Smiechowski commented on prominent friends get elected officials; and tram going to both terminals at the airport.

Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, February 1, 2022
COUNCIL ACTION: Start Time: 10:35 AM
PUBLIC COMMENT-6:

Peggy Walker commented on Municipal Code marijuana changes.

COUNCIL ACTION: Start Time: 10:37 AM
PUBLIC COMMENT-7:

Rita Morgan commented on listen to your heart.

COUNCIL ACTION: Start Time: 10:39 AM
PUBLIC COMMENT-8:

Judi Strang commented on marijuana use and effects.

COUNCIL ACTION: Start Time: 10:42 AM
PUBLIC COMMENT-9:

Francine Maxwell commented on education for community members.

COUNCIL ACTION: Start Time: 10:44 AM
PUBLIC COMMENT-10:

Gretchen Goel commented on maskless officials and no longer being in a state of emergency.

COUNCIL ACTION: Start Time: 10:46 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, February 1, 2022
COUNCIL COMMENT-1:

Councilmember Campillo thanked the Stormwater Department for showing him a 50-year old corrupted pipe in Del Cerro that was being replaced. He also mentioned that the Stormwater Department wanted to thank the City Council for the funding for these issues.

COUNCIL ACTION: Start Time: 10:49 AM
CITY CLERK COMMENT:

City Clerk Maland announced the June 7, 2022, Municipal Primary Election. She mentioned that the candidate nominating period starts February 9, thru March 10, and interested individuals running for Council Districts 2, 4, 6, or 8, must appear in person in the Office of the City Clerk.

City Clerk Maland expressed the office is mindful of public safety and will adhere to the current health protocols. She invited individuals to go to www.sandiego.gov/cityclerk , call (619) 533- 4000, or email [email protected] for more information. City Clerk Maland encouraged anyone with questions or comments to contact Jennifer Berry, Deputy Director, Elections and Research.

COUNCIL ACTION: Start Time: 10:50 AM

SPECIAL ORDERS OF BUSINESS
None.

NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 30: San Diego Legion Opening Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming February 6th, 2022, to be “San Diego Legion Opening Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:12 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, February 1, 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 31: Meredith Dibden Brown Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming February 1, 2022, as “Meredith Dibden Brown Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:12 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Joe LaCava.

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 32: Beta Pi Sigma Sorority, Inc. Founder's Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming February 5, 2022, to be “Beta Pi Sigma Sorority, Inc. Founder's Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:12 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Joe LaCava.

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; Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, February 1, 2022
Nay: (None);
Recused: (None);
Not Present: (None).

Item 33: Lunar New Year Day.

COUNCILMEMBER CATE AND COUNCIL PRESIDENT ELO-RIVERA’S RECOMMENDATION:

RECOMMENDATION:

APPROVED
Proclaiming February 1, 2022, as “Lunar New Year Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:12 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

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-to-exceed $718,700 contingent upon receipt of a fully executed grant agreement.

Council District(s) Affected: 1.

Proposed Actions:

Subitem-A: (R-2022-246) ADOPTED AS RESOLUTION R-313874
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) Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, February 1, 2022
Guardrail project is exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines.

Subitem-B: (R-2022-245) ADOPTED AS RESOLUTION R-313875
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
Proclaiming February 1, 2022, as “Lunar New Year Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

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.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, February 1, 2022
Proposed Actions:
(R-2022-225) ADOPTED AS RESOLUTION R-313876
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 COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 330: Amend the Short-Term Residential Occupancy (STRO) Implementation Date.

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) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 15, 2022 Introduction of an Ordinance amending the implementation date for the Short-Term Residential Occupancy Regulations adopted in Ordinance O-21305 (April 14, 2021).

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, February 1, 2022
Committee Actions Taken: N/A
Office of the City Treasurer: Tricia Mendenhall, (619) 235-5833 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 3:06 PM
MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Raul A. Campillo.

Passed by the following vote:

Yea: Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: Joe LaCava;
Recused: (None);
Not Present: (None).

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.

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) INTRODUCED AND ADOPTED AS ORDINANCE O-21431 (New Series) 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) ADOPTED AS RESOLUTION R-313879
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.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, February 1, 2022
Committee Actions Taken: N/A
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:03 PM
MOTION BY RAUL A. CAMPILLO TO INTRODUCE, DISPENSE WITH THE READING, AND ADOPT THE ORDINANCE IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Marni von Wilpert.

Passed by the following vote:

Item 332: Appeal of the Environmental Determination for 7248 Encelia/7231 Romero CDP/SDP, Project No. 624464.

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:
(R-2022-287) GRANTED THE APPEAL AND SET ASIDE THE ENVIRONMENTAL DETERMINATION WITH DIRECTION; ADOPTED AS RESOLUTION R-313880
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 Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, February 1, 2022
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 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
COUNCIL ACTION: Start Time: 2:09 PM
Public testimony by Diane Kane, Peggy Davis, Daniel Smiechowski, Jim Fitzgerald, and Jackie Evans.

MOTION BY JOE LACAVA TO GRANT THE APPEAL AND SET ASIDE THE ENVIRONMENTAL

DETERMINATION AS THE APPELLANT PROVIDED SUBSTANTIAL EVIDENCE TO SUPPORT A

FAIR ARGUMENT THAT THE PROJECT MAY HAVE SIGNIFICANT ENVIRONMENTAL IMPACTS, WITH DIRECTION THAT THE PLANNING DIRECTOR, PER SECTION 112.0520(F), RECONSIDER MITIGATE NEGATIVE DECLARATION NO. 624464 AND PREPARE A REVISED ENVIRONMENTAL DOCUMENT AS APPROPRIATE, TO: 1) PROVIDE FURTHER ANALYSIS OF THE IMPACTS TO

AESTHETICS AS BOTH PROJECT HOUSES EXCEED THE ALLOWABLE HEIGHT AND/OR BULK

REGULATIONS UNDER THE MUNICIPAL CODE AND THE RESULTING HEIGHT AND/OR BULK OF

BOTH HOUSES WOULD EXCEED THE EXISTING PATTERNS OF DEVELOPMENT IN THE VICINITY OF THE PROJECT BY A SUBSTANTIAL MARGIN; AND 2) PROVIDE FURTHER ANALYSIS OF

IMPACTS TO AESTHETICS RESULTING FROM EXCEEDING HEIGHT AND/OR BULK

REGULATIONS UNDER THE MUNICIPAL CODE BY CONSIDERATION OF THE PROPOSED

SWIMMING POOL AND THE ROOFTOP GUARDRAIL WHEN DETERMINING OVERALL

STRUCTURE HEIGHT AND BY CONSIDERATION OF THE LIGHT WELL IN THE FLOOR AREA Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, February 1, 2022
RATIO CALCULATION AT 7248 ENCELIA DRIVE; AND BY CONSIDERATION OF THE PROPOSED

ROOFTOP GUARDRAIL AND ENCROACHMENTS INTO THE MAXIMUM FRONT YARD ANGLED

BUILDING ENVELOPE PLANE WHEN DETERMINING OVERALL STRUCTURE HEIGHT, AND CONSIDERATION OF RETAINING WALL HEIGHT WITH NO OFFSET AT 7231 ROMERO DRIVE.

Second by Raul A. Campillo.

Passed by the following vote:

Item S500: Reappointment to the San Diego County Regional Airport Authority.

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) ADOPTED AS RESOLUTION R-313877
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
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, February 1, 2022
Item S501: Amendment to the Temporary Rules of Council Due to COVID-19.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-263) ADOPTED AS RESOLUTION R-313878
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
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

NOTE: The following Proclamation was NOT presented in Council Chambers.

Item S502: National Biotechnology Month.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, February 1, 2022
Proclaiming the month of January to be “National Biotechnology Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:12 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:38 p.m. in honor of the memory of:

Officer Gary Bowen Jr. as requested by Councilmember von Wilpert.

COUNCIL ACTION: Start Time: 3:36 PM

San Diego City CouncilFebruary 1, 2022

San Diego City Council
February 1, 2022