Minutes — San Diego City Council, February 8, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, FEBRUARY 8, 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 CLOSED SESSION................................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................5

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 50: Application to the California Department of Water Resources for the FY 2021 High Hazard Potential Dam Rehabilitation Grant.............................................................................9 Item 51: Extension of the Lexis Nexis Contract and Approval of Amendment No. 2................10 Item 52: California Coastal Commission Amendments to the Inclusionary Affordable Housing Regulations .......................................................................................................................11 Item 53: Request to Exempt One Program Coordinator Position in the Planning Department from Classified Service .......................................................................................................12 Item 54: Harper Residence - Project No. 665412.................................................................13 Item 100: Second Amendment to 1998 Convention Center Management Agreement between the San Diego Unified Port and the City of San Diego ...........................................................14 Minutes of Tuesday, February 8, 2022 Page 2
Table of Contents (Continued)
Item 101: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to Provide Continued Legal Services as Outside Counsel .......................................................................16 Item 102: Settlement of Joseph Bushman v. City of San Diego, San Diego Superior Court Case No. 37-2019-00030754-CU-PO-CTL, Claim No. 21042 ...........................................................17 Item 103: Declaring a Continued State of Local Emergency Regarding COVID-19 Virus ............. ........................................................................................................................................18 Item 104: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico...............................................................................18 Item 330: This item was moved to Monday, February 7, 2022, and is now item S401............19 Item 331: This item was moved to Monday, February 7, 2022, and is now item S402............19 Item 332: This item was moved to Monday, February 7, 2022, and is now item S403............19 Item 333: Homes for All of Us: Housing Action Package Amendments to the Municipal Code and Local Coastal Program Amendments .............................................................................19 Item S500: Environmental Justice and Climate Equity Day. ..................................................22 Item S501: Fiscal Year 2021 Annual Comprehensive Financial Report (ACFR)........................22 Item S502: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953 ........................................................23 REPORT OUT FROM CLOSED SESSION................................................................................24 ADJOURNMENT .................................................................................................................25 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Tuesday, February 8, 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 11:32 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 5:14 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 (mrh)
*NOTE: Councilmember LaCava, Councilmember Whitburn, Council President Pro Tem Montgomery Steppe, Councilmember von Wilpert, Councilmember Cate, Councilmember Campillo, and Council President Elo-Rivera were present in Chambers.

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

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

CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):

CS-1 Eric Ball v. City of San Diego, et al.

United States District Court Case No. 21cv0498 GPC (BGS) Risk Management Department Claim File No. 26182
REFERRED TO CLOSED SESSION OF TUESDAY, FEBRUARY 8, 2022 CDCA Assigned: S. Tejura
This case arises from the arrest and detention of Plaintiff Eric Ball on June 13, 2020. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:49 AM
Council President Elo-Rivera closed the hearing.

CS-2 Save Our Access v. City of San Diego
San Diego Superior Court Case No. 37-2020-00030308-CU-TT-CTL Risk Management Department Claim File No. 25778
REFERRED TO CLOSED SESSION OF TUESDAY, FEBRUARY 8, 2022 DCA Assigned: B. Syz
This item involves litigation related to Measure E, a November 2020 council-sponsored ballot measure approved by the voters of the City of San Diego to exclude the MidwayPacific Highway Community Plan Area from the 30-foot height limit in the Coastal Zone.

Save Our Access filed litigation to seek issuance of a writ of mandate to invalidate Measure E’s enabling ordinance due to the City’s alleged failure to comply with the California Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, February 8, 2022
Environmental Quality Act (CEQA) prior to placing Measure E on the ballot. The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.

COUNCIL ACTION: Start Time: 10:49 AM
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Barbara Gordon commented on heart health and marijuana.

COUNCIL ACTION: Start Time: 10:52 AM
PUBLIC COMMENT-2:

Daniel Smiechowski commented on equity.

COUNCIL ACTION: Start Time: 10:54 AM
PUBLIC COMMENT-3:

Becky Rapp commented on marijuana.

COUNCIL ACTION: Start Time: 10:55 AM
PUBLIC COMMENT-4:

Unknown caller commented on marijuana.

COUNCIL ACTION: Start Time: 10:58 AM
PUBLIC COMMENT-5:

Mark Wilcox commented on marijuana.

COUNCIL ACTION: Start Time: 11:00 AM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, February 8, 2022
PUBLIC COMMENT-6:

Joy Sunyata commented on homelessness.

COUNCIL ACTION: Start Time: 11:02 AM
PUBLIC COMMENT-7:

Richard Pearson commented on harassment.

COUNCIL ACTION: Start Time: 11:04 AM
PUBLIC COMMENT-8:

Peggy Walker commented on marijuana.

COUNCIL ACTION: Start Time: 11:06 AM
PUBLIC COMMENT-9:

Diane Grace commented on marijuana.

COUNCIL ACTION: Start Time: 11:08 AM
PUBLIC COMMENT-10:

Chana commented on getting basics done.

COUNCIL ACTION: Start Time: 11:10 AM
PUBLIC COMMENT-11:

Kelly McCormick commented on marijuana.

COUNCIL ACTION: Start Time: 11:12 AM
PUBLIC COMMENT-12:

Unknown caller commented on Aesop’s fables.

COUNCIL ACTION: Start Time: 11:14 AM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, February 8, 2022
PUBLIC COMMENT-13:

Rita Morgan commented on listening to your heart.

COUNCIL ACTION: Start Time: 11:16 AM
PUBLIC COMMENT-14:

Judi Strang commented on a webinar regarding the predatory tobacco companies.

COUNCIL ACTION: Start Time: 11:18 AM
PUBLIC COMMENT-15:

John Bottorff commented on pesticides.

COUNCIL ACTION: Start Time: 11:21 AM
PUBLIC COMMENT-16:

Suzanne Hume commented on clean air, clean water, and toxic pesticides.

COUNCIL ACTION: Start Time: 11:23 AM
PUBLIC COMMENT-17:

Christina commented on City employees and vaccine mandates.

COUNCIL ACTION: Start Time: 11:26 AM
PUBLIC COMMENT-18:

Francine Maxwell commented on Thankful Tuesday.

COUNCIL ACTION: Start Time: 11:28 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

COMMENT
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, February 8, 2022
CITY ATTORNEY COMMENT:

City Attorney Mara Elliott commented on Teen Dating Violence Awareness Month and to be mindful of the characteristics of behavior change in adolescents.

COUNCIL ACTION: Start Time: 11:30 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
01/10/2022
01/10/2022 Special
01/11/2022
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item 50: Application to the California Department of Water Resources for the FY 2021 High Hazard Potential Dam Rehabilitation Grant.

Total Estimated Cost of Proposed Action and Funding Source:

The total grant awarded from the FY 2021 High Hazard Potential Dam Rehabilitation Grant Program is $536,798. The City’s cost-share obligation for this grant is $338,202.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, February 8, 2022
Proposed Actions:
(O-2022-82) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 1, 2022 Introduction of an Ordinance authorizing the application, acceptance, appropriation and expenditure of FEMA and DHS Grant funds for the FY 2021 High Hazard Potential Dam Rehabilitation Grant Program, in an amount not-to-exceed $536,798, with grant reporting requirements exceeding five (5) years.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Raymond Palmucci
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 51: Extension of the Lexis Nexis Contract and Approval of Amendment No. 2.

Total Estimated Cost of Proposed Action and Funding Source:

This action is to extend the agreement for one year until December 31, 2022 and increase the not-to-exceed (NTE) amount by $75,000. This amount will be expended across two fiscal years, $37,500 in FY22 and $37,500 in FY23. The annual not-to-exceed amount is budgeted in the City Treasurer’s General Fund budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-18) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 1, 2022 Introduction of an Ordinance authorizing Amendment No. 2 to an Agreement for Services with LexisNexis Risk Solutions Fl, Inc., to Extend the Term Beyond Five Years.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, February 8, 2022
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on January 19, 2022.

ACTION: Motion by Vice Chair Elo-Rivera, second by Chair Cate, to recommend Council approval of the staff's recommendation.

VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.

Office of the City Treasurer: DeeDee Alari, (619) 235-5276 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 52: California Coastal Commission Amendments to the Inclusionary Affordable Housing Regulations.

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:

Adopt the following Ordinance which was introduced on 1/24/2022, Item 202, Subitem B. (Council voted 8-1, Councilmember Cate-nay):

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, February 8, 2022
(O-2022-68) ADOPTED AS ORDINANCE O-21432 (New Series)
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
Planning: Renee Mezo, (619) 236-6033
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

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).

Item 53: Request to Exempt One Program Coordinator Position in the Planning Department from Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact with this action. Any FY 2022 costs will be covered by salary savings. The position will be requested for appropriation as part of the FY 2023 budget process.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 1/25/2022, Item 50. (Council voted 8-1, Councilmember Moreno- nay):
(O-2022-71) ADOPTED AS ORDINANCE O-21433 (New Series)
Ordinance authorizing the exemption of one Program Coordinator position in the City's Planning Department from the Classified Service, based on advisory review and favorable comment by the Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, February 8, 2022
Civil Service Commission on December 2, 2021. The position will develop and implement policies and procedures related to funds management, capital improvement project appropriations, financial reporting, and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Planning: Marco Camacho, (619) 235-5216
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

Passed by the following vote:

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

Item 54: Harper Residence - Project No. 665412.

Total Estimated Cost of Proposed Action and Funding Source:

None with this action. All costs associated with the processing of this project are paid from a deposit account maintained by the applicant. No City expenditures are being approved with this action.

Council District(s) Affected: 1.

Proposed Actions:

Adopt the following Ordinance which was introduced on 1/25/2022, Item 332, Subitem B. (Council voted 9-0):
(O-2022-75 Cor. Copy) ADOPTED AS ORDINANCE O-21434 (New Series) Ordinance approving Coastal Development Permit No. 2434615 and Site Development Permit No. 2434616 and waiving the requirement of a hearing and consideration by the La Jolla Shores Planned District Advisory Board.

This item is not subject to the Mayor's veto.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, February 8, 2022
Committee Actions Taken: N/A
Development Services: William Zounes, (619) 687-5942
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 100: Second Amendment to 1998 Convention Center Management Agreement between the San Diego Unified Port and the City of San Diego.

Total Estimated Cost of Proposed Action and Funding Source:

This Second Amendment to the 1998 Convention Center Management Agreement has no direct impact on the City’s general fund.

Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2022-253) ADOPTED AS RESOLUTION R-313889
Resolution determining that approving the Second Amendment to the 1998 Convention Center Management Agreement for removal of the rooftop tennis courts from the San Diego Convention Center is exempt from the California Environmental Quality Act pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

Subitem-B: (R-2022-252) ADOPTED AS RESOLUTION R-313890
Resolution authorizing the Mayor, or his designee, to enter into a Second Amendment to the 1998 Convention Center Management Agreement with the San Diego Unified Port District to allow for the removal of the rooftop tennis courts from the San Diego Convention Center.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, February 8, 2022
This item was heard at the Budget and Government Efficiency Committee meeting on January 19, 2022.

ACTION: Motion by Vice Chair Elo-Rivera, second by Chair Cate, to recommend Council approval of the staff's recommendation.

VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.

Debt Management: Krista Davidson, (619) 236-6640
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 101: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to Provide Continued Legal Services as Outside Counsel.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed Second Amendment to the LSA is in an amount not-to-exceed $625,000 and legal services to be provided will be from funding sources such as the Public Liability Fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, February 8, 2022
Proposed Actions:
(R-2022-235) ADOPTED AS RESOLUTION R-313891
Resolution authorizing approval of a Second Amendment to the legal services agreement (LSA) with the law firm of Colantuono, Highsmith & Whatley, PC (Law Firm) to increase the total notto-exceed amount to $625,000 from $500,000. The $125,000 increase is necessary to pay outstanding fees owed to the Law Firm and to continue the work the Law Firm is performing on behalf of the City, including Public Records Act (PRA) litigation as well as to perform additional as-needed work in representing the City during the remaining years of the contract (i.e., contract expires in July 2023).

Committee Actions Taken: N/A
Office of the City Attorney: David J. Karlin, (619) 533-5816 COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY MARNI VON WILPERT TO ADOPT. 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, Sean Elo-Rivera;
Nay: Joe LaCava, Vivian Moreno;
Recused: (None);
Not Present: (None).

Item 102: Settlement of Joseph Bushman v. City of San Diego, San Diego Superior Court Case No. 37-2019-00030754-CU-PO-CTL, Claim No. 21042.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $1,300,00.00 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-243) ADOPTED AS RESOLUTION R-313892
Resolution authorizing the settlement of Joseph Bushman v. City of San Diego, San Diego Superior Court Case No. 37-2019-00030754-CU-PO-CTL, related to a complaint for personal Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, February 8, 2022
injuries he sustained in a bicycle accident. Plaintiff alleged the sidewalk was in a dangerous condition and caused his injuries. Risk Claim No. 21042.

Committee Actions Taken: N/A
Office of the City Attorney: Catherine A. Richardson, (619) 533-5800 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 103: Declaring a Continued State of Local Emergency Regarding COVID-19 Virus.

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

Proposed Actions:
(R-2022-262) ADOPTED AS RESOLUTION R-313893
Resolution extending the local state of emergency due to the COVID-19 pandemic.

Committee Actions Taken: N/A
Office of the Mayor: Matt Yagyagan, (619) 236-6330
City Attorney Contact: Paige E. Folkman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

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);
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, February 8, 2022
Recused: (None);
Not Present: (None).

Item 104: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2022-259) ADOPTED AS RESOLUTION R-313894
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 330: This Item was moved to the Monday, February 7, 2022, and is now item S401.

Item 331: This item was moved to Monday, February 7, 2022, and is now item S402.

Item 332: This item was moved to Monday, February 7, 2022, and is now item S403.

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, February 8, 2022
Item 333: Homes for All of Us: Housing Action Package Amendments to the Municipal Code and Local Coastal Program Amendments.

Total Estimated Cost of Proposed Action and Funding Source:

Increase in Development Impact Fees, additional payment into the Affordable Housing Trust Fund, costs associated with implementation of the proposed amendments will be covered by development project applicants.

Council District(s) Affected: Citywide.

Proposed Actions:

This action proposes the adoption of the Homes for All of Us: Housing Action Package. The Housing Action Package aims to implement new state law related to housing development, align the state law with existing city housing programs, and incentivize and promote new housing opportunities throughout the city that San Diegans of all income levels can afford. Ordinance amending the San Diego Municipal Code and Local Coastal Program.

Subitem-A: (O-2022-76 REV. COR. COPY) INTRODUCED AS AMENDED BY INTERLINEATION; TO BE ADOPTED TUESDAY, MARCH 1, 2022
Introduction of an Ordinance amending Chapter 9, Article 8, Division 5 of the San Diego Municipal Code by amending Section 98.0502; amending Chapter 12, Article 5, Division 4 by amending Section 125.0410; amending Chapter 12, Article 9, Division 2 by amending Section 129.0211; amending Chapter 13, Article 1, Division 6 by amending Sections 131.0622 and 131.0623; amending Chapter 14, Article 1, Division 3 by amending Sections 141.0302 and 141.0311; amending Chapter 14, Article 2, Division 6 by amending Section 142.0640; amending Chapter 14, Article 2, Division 13 by amending Section 142.1305; amending Chapter 14, Article 3, Division 4 by amending Sections 143.0402 and 143.0455; amending Chapter 14, Article 3, Division 7 by amending Section 143.0720, retitling and amending Section 143.0742, amending Section 143.0745, and adding Section 143.0746; amending Chapter 14, Article 3 by adding Division 13 and adding Sections 143.1301, 143.1303, 143.1305, 143.1307, 143.1310, and 143.1315; amending Chapter 14, Article 5 by retitling Division 40, amending Section 145.4001, retitling and amending Sections 145.4002 and 145.4003, and repealing Sections 145.4004 and 145.4005; amending Chapter 15, Article 1, Division 4 by amending Section 151.0401; amending Chapter 15, Article 5, Division 2 by adding Section 155.0238; and amending Chapter 15, Article 16, Division 1 by amending Sections 1516.0107, 1516.0112, 1516.0117, 1516.0122, and 1516.0131, all relating to the Homes For All Of Us: Housing Action Package Code Update.

Subitem-B: (R-2022-241) ADOPTED AS RESOLUTION R-313896
Resolution adopting the Employee Housing Incentive Program Fee.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, February 8, 2022
Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on January 13, 2022.

ACTION: Motion by Councilmember Cate, second by Chair Moreno, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.

Planning: Kelley Stanco, (619) 236-6545
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 2:31 PM
Public testimony by Carole O., Helen Rowe Allen, Brenda Garcia Millan, Stephen Russell, Jesse O'Sullivan, Erik, Eric Rosenzweig, Joy Sunyata, Pat S., Catherine Douglass, Vahan H., Mat Wahlstrom, Philip Merten, Patricia Burkes, Geoff Hueter, Frances Pritchett, Danna Givot, Laura, Brian Helmich, Kathy McClelland, Rachel Graham, Sandy Myskowski, John Seymour, Christina Boyd, Denise Sims, Cecila Jamous, Julie Hamilton, Susan Baldwin, Sharon Gehl, Troy Murphee, Joy Banks, Leslie Bruce, Angeli Calinog, Paul Krueger, Larry Davidson, Chuck Kaminski, Marcela Escobar-Eck, Sheri, Paul Jamason, Sally Smull, Newell Booth, Sharon Kramer, and David Moty.

MOTION BY SEAN ELO-RIVERA TO INTRODUCE THE ORDINANCE IN SUBITEM A AS AMENDED BY INTERLINEATION TO ADD A NEW SUBSECTION (C) TO SECTION 142.0640 “IMPACT FEES FOR FINANCING PUBLIC FACILITIES” AFTER SUBSECTIONS (B)(1) TO READ:
“NOTWITHSTANDING SECTIONS 142.0640 IMPACT FEES FOR FINANCING PUBLIC FACILITIES (B)(1)(A) AND (B), ACCESSORY DWELLING UNITS ON A PREMISES IN WHICH THE RECORD

OWNER AGREES TO RESIDE IN ONE OF THE DWELLING UNITS AS THEIR PRIMARY

RESIDENCE FOR A MINIMUM OF THREE YEARS FROM THE DATE OF BUILDING PERMIT

ISSUANCE FOR THE ACCESSORY DWELLING UNIT ARE EXEMPT FROM THE REQUIREMENT TO PAY DIF. PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT, THE RECORD OWNER SHALL

SIGN AN AFFIDAVIT ACKNOWLEDGING THE RECORD OWNER INTENDS TO RESIDE IN ONE OF

THE DWELLING UNITS AS THEIR PRIMARY RESIDENCE FOR A MINIMUM OF THREE YEARS

FROM THE DATE OF ISSUANCE OF THE BUILDING PERMIT FOR THE ACCESSORY DWELLING UNIT. THE AFFIDAVIT SHALL BE IN A FORM THAT IS APPROVED BY THE CITY AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER. THIS REQUIREMENT SHALL NOT APPLY TO A

RECORD OWNER THAT IS A COMMUNITY LAND TRUST, AS DEFINED IN CALIFORNIA REVENUE AND TAXATION CODE SECTION 402.1(A)(11)(C)(II), OR IS A QUALIFIED NONPROFIT

CORPORATION AS DESCRIBED IN CALIFORNIA REVENUE AND TAXATION CODE SECTION 214.15”; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Monica Montgomery Steppe.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, February 8, 2022
NOTE: The following Proclamation was NOT presented in Council Chambers.

Item S500: Environmental Justice and Climate Equity Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming February 16th, 2022, as “Environmental Justice and Climate Equity Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:20 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S501: Fiscal Year 2021 Annual Comprehensive Financial Report (ACFR).

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-247) ADOPTED AS RESOLUTION R-313897
Resolution receiving and filing the Fiscal Year 2021 Annual Comprehensive Financial Report of the City.

Committee Actions Taken:

This item was heard at the Audit Committee meeting on January 26, 2022.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, February 8, 2022
ACTION: Motion by Vice Chair Moreno, second by Committee Member Steward Halpern to recommend Council approval of staff’s recommendation.

VOTE: 5-0; Whitburn-yea, Moreno-yea, Halpern-yea, Maffia-yea, Tabshouri-yea.

Department of Finance: William Weisman, (619) 236-6397
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:03 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S502: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953.

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

Proposed Actions:
(R-2022-279) ADOPTED AS RESOLUTION R-313895
Resolution reconsidering the circumstances of the State of Emergency related to COVID-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act.

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: Leslie FitzGerald
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, February 8, 2022
Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out of Closed Session.
https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports COUNCIL ACTION: Start Time: 5:13 PM
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, February 8, 2022

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:14 p.m.

COUNCIL ACTION: Start Time: 5:14 PM

San Diego City CouncilFebruary 8, 2022

San Diego City Council
February 8, 2022