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 City Attorney
the Independent
Budget Analyst
Elizabeth Maland
City Clerk
Virtual Meeting
Monday, February 07, 2022
Monday, February 07, 2022
Page: 2
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
MONDAY, FEBRUARY 07, 2022, AT 2:00 PM
CITY ADMINISTRATION BUILDING
12TH FLOOR, 202 “C” STREET SAN DIEGO, CA 92101
VIRTUAL MEETING CITY COUNCIL MEETING
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#
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 Monday, February 07, 2022
Page: 3
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 12:00 PM 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 12:00 PM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.
Comment presented as a Group Presentation may sign up to do so and submit materials to be shown as part of a group presentation at the following Group Sign Up Webform, please do so by submitting complete information by 5:00 p.m. the day prior to the Council Meeting you wish to present at.
Group presentations will only be taken for items on the discussion agenda and one minute of presentation time will be given per participant listed as a member of the group with a maximum time of ten (10) minutes. Per Temporary Rule 2.6.1(c ) Organized presentations will be allowed up to 10 minutes per group to speak, for a total of 40 minutes for organized presentations per item. If more than one group on the same side (in favor or opposition) requests an organized presentation, the 20 minutes will be divided evenly between each group for that side.
Please note at the time the agenda item for which the group desires to present is introduced by the Clerk all members of the presenting group must be called into or logged into the meeting via the name and/or number listed in the form.
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 mailto:[email protected]. The City is committed to resolving accessibility requests swiftly in order to maximize accessibility.
Monday, February 07, 2022
Page: 4
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.”
Monday, February 07, 2022
Page: 5
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
Monday, February 07, 2022
Page: 6
INFORMATIONAL ITEMS
Item 200: Performance Audit of the IT Service Delivery Effectiveness.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken:
This item was heard at the Audit Committee meeting on October 27, 2021.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Halpern, to accept the report and forward to the City Council as an information item.
VOTE: 5-0; Moreno-yea, LaCava-yea, Halpern-yea, Maffia-yea, Tabshouri-yea.
Office of the City Auditor: Stephen Gomez, (619) 533-3022 Item S400: Update Regarding the Independent Budget Analyst (IBA) Recruitment and Call for Community and Councilmember Input Regarding Preferred Skills and Qualifications. (Added 2/3/22)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken: N/A
Council President's Office: Lydia Van Note, (619) 236-6699 Monday, February 07, 2022
Page: 7
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 201: Item 201 has been moved to the Tuesday City Council meeting of February 8, 2022, at 10:00 a.m., and is now item S501. (Rev. 2/3/22)
Item S401: Fifty (50) Year Ground Lease with Alexander Court Trust, for the site commonly known as Cedar Shores Apartments. (Added 2/3/22) Total Estimated Cost of Proposed Action and Funding Source:
Please see the Fiscal Considerations section of the Staff Report for information regarding the revenue and other financial considerations associated with this action.
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2022-236)
Resolution determining that the approval of a 50-year ground lease between the City of San Diego and Alexander Court Trust for approximately 2.98 acres of real property located at 2150 Pacific Beach Drive for the Cedar Shores Apartment Project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301.
Subitem-B: (R-2022-234)
Resolution approving a 50-year ground lease between the City of San Diego and Alexander Court Trust for approximately 2.98 acres of real property located at 2150 Pacific Beach Drive for the Cedar Shores Apartment Project, and making a related finding that the ground lease serves a valid public purpose.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on November 3, 2021.
ACTION: Motion by Committee Member Moreno, second by Chair Whitburn, to recommend Council approval of staff’s proposed actions.
VOTE: 2-2; Whitburn-yea, Moreno-yea, Elo-Rivera-nay, LaCava-nay.
Department of Real Estate and Airport Management: Nicole McGinnis, (619) 236-6987
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Monday, February 07, 2022
Page: 8
City Attorney Contact: Kevin Reisch
Item S402: Fifty (50) Year Ground Lease with S T Associates, LLC, for the Site Commonly Known as Orchard I Apartments. (Added 2/3/22)
Total Estimated Cost of Proposed Action and Funding Source:
Please see the Fiscal Considerations section of the Staff Report for information regarding the revenue and other financial considerations associated with this action.
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2022-238)
Resolution determining that the approval of a 50-year ground lease between the City of San Diego and S T Associates, LLC for approximately five acres of real property located at 4040 Hancock Street for the Orchard I Apartment Project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301.
Subitem-B: (R-2022-237)
Resolution approving a 50-year ground lease between the City of San Diego and S T Associates, LLC for approximately five acres of real property located at 4040 Hancock Street for the Orchard I Apartment Project, and making a related finding that the ground lease serves a valid public purpose.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on November 3, 2021.
ACTION: Motion by Committee Member Moreno, second by Chair Whitburn, to recommend Council approval of staff’s proposed actions with the request for staff to provide for Council an analysis of (1) the development potential of the Orchard I and II sites, including the maximum allowable density assuming Measure E litigation is resolved, and (2) projected revenue and expenses for the lease over the lease terms for each property.
VOTE: 3-1; Whitburn-yea, Elo-Rivera-yea, Moreno-yea, LaCava-nay.
Department of Real Estate and Airport Management: Nicole McGinnis, (619) 236-6987
City Attorney Contact: Kevin Reisch
Item S403: Fifty (50) Year Ground Lease with Orchard II Associates, for the site commonly known as Orchard II Apartments. (Added 2/3/22) Monday, February 07, 2022
Page: 9
Total Estimated Cost of Proposed Action and Funding Source:
Please see the Fiscal Considerations section of the Staff Report for information regarding the revenue and other financial considerations associated with this action.
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2022-240)
Resolution determining that the approval of a 50-year ground lease between the City of San Diego and Orchard II Associates, LLC for approximately 5.573 acres of real property located at 3840 Sports Arena Boulevard for the Orchard II Apartment Project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301.
Subitem-B: (R-2022-239)
Resolution approving a 50-year ground lease between the City of San Diego and Orchard II Associates for approximately 5.573 acres of real property located at 3840 Sports Arena Boulevard for the Orchard II Apartment Project, and making a related finding that the ground lease serves a valid public purpose.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on November 3, 2021.
ACTION: Motion by Committee Member Moreno, second by Chair Whitburn, to recommend Council approval of staff’s proposed actions with the request for staff to provide for Council an analysis of (1) the development potential of the Orchard I & II sites, including the maximum allowable density assuming Measure E litigation is resolved, and (2) projected revenue and expenses for the lease over the lease terms for each property.
VOTE: 3-1; Whitburn-yea, Elo-Rivera-yea, Moreno-yea, LaCava-nay.
Department of Real Estate and Airport Management: Nicole McGinnis, (619) 236-6987
City Attorney Contact: Kevin Reisch
Item S404: FY 2023 City Council Budget Priorities. (Added 2/3/22) Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Monday, February 07, 2022
Page: 10
Proposed Actions:
(R-2022-258)
Resolution accepting the Independent Budget Analyst's Fiscal Year 2023 Report on City Council Budget Priorities and directing that the report, along with Councilmember Budget Priority Memoranda, be sent to the Mayor's Office for consideration in preparing the Fiscal Year 2023 Budget.
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on February 2, 2022.
ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member Moreno, to recommend Council approval of staff's proposed actions with the following amendments:
Add support for the following priorities:
1. Continued/Expanded support for the Office of Race & Equity
2. Support small business and non-profit relief
3. Support digital equity
4. Continued/Expanded support for the Commission on Police Practices VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Office of the Independent Budget Analyst: Jillian Kissee, (619) 236-6457 City Attorney Contact: Bret A. Bartolotta
Item S405: Shelter Crisis Declaration. (Added 2/3/22)
Total Estimated Cost of Proposed Action and Funding Source:
There is no expenditure being approved by this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-223)
Resolution declaring the existence of a Shelter Crisis in the City of San Diego and suspending applicable provisions of state and local law pursuant to the California Government Code related to providing public facilities to mitigate the effects of the Shelter Crisis.
Committee Actions Taken: N/A
Homelessness Strategies: Hafsa Kaka, (619) 236-6213
Monday, February 07, 2022
Page: 11
City Attorney Contact: Heather Ferbert
Monday, February 07, 2022
Page: 12
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 is limited to two (2) minutes per speaker.
Speakers may not allocate their time to other speakers. Non-Agenda Public Comment is taken toward the end of the Monday afternoon Council Session.
Monday, February 07, 2022
Page: 13
PUBLIC NOTICES
Items are listed under Public Notices as a matter of public record only. These items do not require Council action and there is no 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
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)
Monday, February 07, 2022
Page: 14
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.
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT