THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 07, 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, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................5 Item 200: Performance Audit of the IT Service Delivery Effectiveness.....................................5 Item 201: This item was moved to Tuesday, February 8, 2022, and is now item S501.............6 Item 250: Submission of Ballot Proposals for the November 8, 2022, Ballot ............................6 Item S400: Update Regarding the Independent Budget Analyst (IBA) Recruitment and Call for Community and Councilmember Input Regarding Preferred Skills ............................................7 Item S401: Fifty (50) Year Ground Lease with Alexander Court Trust, for the site commonly known as Cedar Shores Apartments ......................................................................................8 Item S402: Fifty (50) Year Ground Lease with S T Associates, LLC, for the Site Commonly Known as Orchard I Apartments ...........................................................................................9 Item S403: Fifty (50) Year Ground Lease with Orchard II Associates, for the site commonly known as Orchard II Apartments ........................................................................................11 Item S404: FY 2023 City Council Budget Priorities ...............................................................13 Minutes of Monday, February 07, 2022 Page 2
Table of Contents (Continued)
Item S405: Shelter Crisis Declaration..................................................................................14 REPORT OUT FROM CLOSED SESSION................................................................................15 ADJOURNMENT .................................................................................................................15 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 7, 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 5:22 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 Marni von Wilpert, Councilmember Cate, Councilmember Campillo, Councilmember Moreno, 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 4
for the Regular Meeting of Monday, February 7, 2022
INVOCATION
The invocation was given by City Clerk Elizabeth Maland.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember LaCava.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Barbara Gordon commented on tobacco and marijuana use in young adults.
COUNCIL ACTION: Start Time: 5:00 PM
PUBLIC COMMENT-2:
Daniel Smiechowski commented on enacting campaign finance limits when running for City Council.
COUNCIL ACTION: Start Time: 5:01 PM
PUBLIC COMMENT-3:
Mark Wilcox commented on a cigarette ban which reduced youth usage.
COUNCIL ACTION: Start Time: 5:03 PM
PUBLIC COMMENT-4:
Katheryn Rhodes commented on Independent Budget Analyst’s reports.
COUNCIL ACTION: Start Time: 5:05 PM
PUBLIC COMMENT-5:
Francine Maxwell commented on Council’s role in leaving the community in the dark.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 7, 2022
COUNCIL ACTION: Start Time: 5:07 PM
PUBLIC COMMENT-6:
Kelly McCormick commented on the harmful effects of second-hand smoke in children.
COUNCIL ACTION: Start Time: 5:09 PM
PUBLIC COMMENT-7:
John Stump commented on authorizing the Franchise Agreement with San Diego Gas and Electric and increased prices.
COUNCIL ACTION: Start Time: 5:11 PM
PUBLIC COMMENT-8:
John Brady commented on leaving a broken system and the need for innovation relating to unsheltered people.
COUNCIL ACTION: Start Time: 5:13 PM
PUBLIC COMMENT-9:
Judi Strang commented on good mental health services and homeless solutions.
COUNCIL ACTION: Start Time: 5:16 PM
PUBLIC COMMENT-10:
Kathleen Lippitt commented on the Marijuana Task Force and Councilmember Whitburn.
COUNCIL ACTION: Start Time: 5:19 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
COUNCIL COMMENT-1:
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 7, 2022
Council President Elo-Rivera commented on Council’s intention to follow Robert’s Rule of Order with respect to amendments. He added the amendment belongs to the legislative body and not the maker of the motion.
COUNCIL ACTION: Start Time: 2:03 AM
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:
ITEM PRESENTED
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 COUNCIL ACTION: Start Time: 4:41 PM
Item 201: This item was moved to Tuesday, February 8, 2022, and is now item S501.
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 Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 7, 2022
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)
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 S400: Update Regarding the Independent Budget Analyst (IBA) Recruitment and Call for Community and Councilmember Input Regarding Preferred Skills and Qualifications.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 7, 2022
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Council President's Office: Lydia Van Note, (619) 236-6699 COUNCIL ACTION: Start Time: 2:05 PM
Item S401: Fifty (50) Year Ground Lease with Alexander Court Trust, for the site commonly known as Cedar Shores Apartments.
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) ADOPTED AS RESOLUTION R-313881
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 REV.) ADOPTED AS RESOLUTION R-313882 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:
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, February 7, 2022
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 City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 3:09 PM
MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Vivian Moreno.
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).
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM B AS AMENDED TO INCLUDE A PROVISION REQUIRING THE LESSEE TO PROVIDE SOLAR. Second by Monica Montgomery Steppe.
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 S402: Fifty (50) Year Ground Lease with S T Associates, LLC, for the Site Commonly Known as Orchard I Apartments.
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.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, February 7, 2022
Proposed Actions:
Subitem-A: (R-2022-238) ADOPTED AS RESOLUTION R-313883
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 REV.) ADOPTED AS RESOLUTION R-313884 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
COUNCIL ACTION: Start Time: 3:09 PM
MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Vivian Moreno.
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).
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM B AS AMENDED TO INCLUDE A PROVISION REQUIRING THE LESSEE TO PROVIDE SOLAR. Second by Monica Montgomery Steppe.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, February 7, 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 S403: Fifty (50) Year Ground Lease with Orchard II Associates, for the site commonly known as Orchard II Apartments.
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) ADOPTED AS RESOLUTION R-313885
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 REV.) ADOPTED AS RESOLUTION R-313886 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.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, February 7, 2022
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
COUNCIL ACTION: Start Time: 3:09 PM
MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Vivian Moreno.
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).
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM B AS AMENDED TO INCLUDE A PROVISION REQUIRING THE LESSEE TO PROVIDE SOLAR. Second by Monica Montgomery Steppe.
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 S404: FY 2023 City Council Budget Priorities.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-258) ADOPTED AS RESOLUTION R-313887
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.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, February 7, 2022
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
COUNCIL ACTION: Start Time: 2:15 PM
MOTION BY CHRIS CATE TO ADOPT. 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 S405: Shelter Crisis Declaration.
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) ADOPTED AS RESOLUTION R-313888
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Monday, February 7, 2022
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
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 3:56 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Vivian Moreno.
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).
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:22 p.m. in honor of the memory of:
Carmen Olaes as requested by Councilmember Cate.
COUNCIL ACTION: Start Time: 5:20 PM