THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 14, 2022
AT 2:00 PM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................3 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................4
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 Item 200: Fiscal Year 2023 Parks and Recreation User Fee Revision.......................................6 Item 201: Fiscal Year 2023 Comprehensive User Fee Analysis................................................7 Item 202: First Amendment to Agreement with Hurrell Cantrall LLP to Provide Continued AsNeeded Legal Services as Panel Outside Counsel..................................................................10 Item 203: Fiscal Year 2022 Mid-Year Budget Monitoring Report ...........................................11 Item 250: Submission of Ballot Proposals for the November 8, 2022, Ballot...........................12 Item S400: Approve the Allocation of $3,522,776 in Coronavirus Aid, Relief, and Economic Security (CARES) Act Emergency Solutions Grant (ESG-CV2) for the Operation of the Bridge Shelters and Amend the City’s FY2020 Annual Action Plan ....................................................13 Item S401: Update Regarding the Independent Budget Analyst (IBA) Recruitment and Call for Community and Councilmember Input Regarding Preferred Skills ..........................................14 REPORT OUT FROM CLOSED SESSION................................................................................15 Minutes of Monday, February 14, 2022 Page 2
Table of Contents (Continued)
ADJOURNMENT .................................................................................................................15 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 14, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:01 p.m. Councilmember Cate arrived to the meeting at 2:05 p.m. The meeting was adjourned by Council President EloRivera at 6:46 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 Campbell, Councilmember Whitburn, Council President Pro Tem Montgomery Steppe, Councilmember von Wilpert, Councilmember Campillo, Councilmember Moreno, 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-not 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 14, 2022
INVOCATION
The invocation was given by City Clerk Elizabeth Maland.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Lori Saldaña commented on the displacement at the Midway encampment.
COUNCIL ACTION: Start Time: 6:24 PM
PUBLIC COMMENT-2:
Peggy Walker commented on marijuana exposure and ingestion for children.
COUNCIL ACTION: Start Time: 6:27 PM
PUBLIC COMMENT-3:
Bob Kuczewski commented on the Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 6:29 PM
PUBLIC COMMENT-4:
Nicole Burgess commented on San Diego crash alert app.
COUNCIL ACTION: Start Time: 6:31 PM
PUBLIC COMMENT-5:
Daniel Smiechowski commented on Vision Zero and vaccination requirements.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 14, 2022
COUNCIL ACTION: Start Time: 6:33 PM
PUBLIC COMMENT-6:
Kelly McCormick commented on tobacco and effects on children.
COUNCIL ACTION: Start Time: 6:35 PM
PUBLIC COMMENT-7:
Francine Maxwell commented on the seventy-five.
COUNCIL ACTION: Start Time: 6:37 PM
PUBLIC COMMENT-8:
Carol Green commented on marijuana.
COUNCIL ACTION: Start Time: 6:38 PM
PUBLIC COMMENT-9:
Jeff Johnson commented on effects of fee increases.
COUNCIL ACTION: Start Time: 6:40 PM
PUBLIC COMMENT-10:
Judi Strang commented on second-hand smoke.
COUNCIL ACTION: Start Time: 6:42 PM
PUBLIC COMMENT-11:
Becky Rapp commented on the Cookie Plug.
COUNCIL ACTION: Start Time: 6:44 PM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 14, 2022
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: Fiscal Year 2023 Parks and Recreation User Fee Revision.
Total Estimated Cost of Proposed Action and Funding Source:
This action would increase most fees by 10.8% and create a new Opportunity Fund Fee to support increased recreation opportunities in communities of concern and other marginalized populations.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-224) ADOPTED AS RESOLUTION R-313898
Resolution adopting the Parks and Recreation Department’s revised Recreation Fee Schedule.
Authorizing the Chief Financial Officer to establish a special interest-bearing fund to receive Opportunity Fund fees, if approved; and authorizing the Chief Financial Officer to distribute Opportunity Fund fee revenue to eligible Recreation Centers in communities of concern; and for all related actions.
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 staff's recommendation with the following amendments:
1) Maintain Current Burial Fees for Low-income families at the Mt. Hope Cemetery 2) Request Cost of service study for non-resident metered parking at beach lots and Bay parking 3) Request cost of service study for non-resident mooring and boat launch fees for Mission Bay.
VOTE: 3-1; Cate-yea, Elo-Rivera-yea, Moreno-yea, Montgomery Steppe-nay.
Parks & Recreation: Shelly Stowell, (619) 235-1130
City Attorney Contact: Jane M. Boardman
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 14, 2022
COUNCIL ACTION: Start Time: 5:36 PM
MOTION BY MONICA MONTGOMERY STEPPE 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).
Item 201: Fiscal Year 2023 Comprehensive User Fee Analysis.
Total Estimated Cost of Proposed Action and Funding Source:
See Staff Report for Fiscal Considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-272 REV.) ADOPTED AS AMENDED AS RESOLUTION R-313899 Resolution authorizing and approving the establishment of new rates and fees and adjustments to existing rates and fees for inclusion in the Ratebook of City fees and charges.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on January 19, 2022.
ACTION: Motion by Chair Cate, second by Vice Chair Elo-Rivera, to recommend Council approval of staff's recommendation.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Department of Finance: Rolando Charvel, (619) 533-4535
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 4:07 AM
MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 14, 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).
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION AS AMENDED TO INCLUDE ON PAGE 26, “BE IT FURTHER RESOLVED, THAT THE FOLLOWING FY 2024 FEE ADDITIONS AND
ADJUSTMENTS ARE ADOPTED FOR THE PURPOSE OF RECOVERING COSTS INCURRED BY THE
CITY OF SAN DIEGO IN PROVIDING SERVICES, GOODS, OR REGULATION, OR AS OTHERWISE PERMITTED UNDER ARTICLES XIIIA AND XIIIC OF THE CALIFORNIA CONSTITUTION: THE POLICE DEPARTMENT'S SPECIAL EVENTS CIVILIAN – NON-PROFIT FEE OF $23.00 SHALL INCREASE TO $28.00. THE POLICE DEPARTMENT'S SPECIAL EVENTS SWORN – NON-PROFIT FEE OF $55.00 SHALL INCREASE TO $72.00; THAT THE FY 2024 PROPOSED USER FEES SHALL BE EFFECTIVE BEGINNING JULY 1, 2023; THAT THE CITY CLERK IS HEREBY DIRECTED TO AMEND THE FY 2024 RATE BOOK FOR TO INCLUDE THE FEES DESCRIBED ABOVE; THAT THE FOLLOWING FY 2025 FEE ADDITIONS AND ADJUSTMENTS ARE ADOPTED FOR THE PURPOSE
OF RECOVERING COSTS INCURRED BY THE CITY OF SAN DIEGO IN PROVIDING SERVICES,
GOODS, OR REGULATION, OR AS OTHERWISE PERMITTED UNDER ARTICLES XIIIA AND XIIIC OF THE CALIFORNIA CONSTITUTION: THE POLICE DEPARTMENT'S SPECIAL EVENTS CIVILIAN – NON-PROFIT FEE OF $28.00 SHALL INCREASE TO $37.00. THE POLICE DEPARTMENT'S SPECIAL EVENTS SWORN – NON-PROFIT FEE OF $72.00 SHALL INCREASE TO $89.00; THAT THE FY 2025 PROPOSED USER FEES SHALL BE EFFECTIVE BEGINNING JULY 1, 2024; THAT THE CITY CLERK IS HEREBY DIRECTED TO AMEND THE FY 2025 RATE BOOK FOR TO INCLUDE THE FEES DESCRIBED ABOVE; THAT THE FOLLOWING FY 2026 FEE ADDITIONS AND
ADJUSTMENTS ARE ADOPTED FOR THE PURPOSE OF RECOVERING COSTS INCURRED BY THE
CITY OF SAN DIEGO IN PROVIDING SERVICES, GOODS, OR REGULATION, OR AS OTHERWISE PERMITTED UNDER ARTICLES XIIIA AND XIIIC OF THE CALIFORNIA CONSTITUTION: THE POLICE DEPARTMENT'S SPECIAL EVENTS SWORN – NON-PROFIT FEE OF $89.00 SHALL INCREASE TO $104.00; THAT THE FY 2026 PROPOSED USER FEES SHALL BE EFFECTIVE BEGINNING JULY 1, 2025; THAT THE CITY CLERK IS HEREBY DIRECTED TO AMEND THE FY 2026 RATE BOOK FOR TO INCLUDE THE FEES DESCRIBED ABOVE; THAT THE FOLLOWING FY 2027 FEE ADDITIONS AND ADJUSTMENTS ARE ADOPTED FOR THE PURPOSE OF RECOVERING
COSTS INCURRED BY THE CITY OF SAN DIEGO IN PROVIDING SERVICES, GOODS, OR
REGULATION, OR AS OTHERWISE PERMITTED UNDER ARTICLES XIIIA AND XIIIC OF THE CALIFORNIA CONSTITUTION: THE POLICE DEPARTMENT'S SPECIAL EVENTS SWORN – NONPROFIT FEE OF $104.00 SHALL INCREASE TO $119.00; THAT THE FY 2027 PROPOSED USER FEES SHALL BE EFFECTIVE BEGINNING JULY 1, 2026; THAT THE CITY CLERK IS HEREBY DIRECTED TO AMEND THE FY 2027 RATE BOOK FOR TO INCLUDE THE FEES DESCRIBED ABOVE.” Second by Chris Cate.
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).
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, February 14, 2022
MOTION BY STEPHEN WHITBURN TO FURTHER AMEND THE RESOLUTION BY EXCLUDING “(165) THE POLICE DEPARTMENT'S TOW FRANCHISE FEE OF $83.00 HAS INCREASED TO $111.00. (166) THE POLICE DEPARTMENT'S TOW IMPOUND COST RECOVERY (TICR) FEE OF $63.00 HAS INCREASED TO $90.00” AND REFER THE PROPOSED MANAGED TOW PROGRAM INCREASES BACK TO THE BUDGET & GOVERNMENT EFFICIENCY COMMITTEE. 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);
Recused: (None);
Not Present: (None).
Item 202: First Amendment to Agreement with Hurrell Cantrall LLP to Provide Continued AsNeeded Legal Services as Panel Outside Counsel.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed First Amendment to the LSA will be increased by $300,000, to an amount not to exceed $550,000, and legal services to be provided will be paid from funding sources such as the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-248) ADOPTED AS RESOLUTION R-313900
Resolution approving and authorizing the Mayor, or his designee, to execute the First Amendment to the Legal Services Agreement with Hurrell Cantrall LLP., in an amount not to exceed $550,000, to provide continued as-needed legal services as panel outside counsel.
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 2:25 PM
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 10 for the Regular Meeting of Monday, February 14, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno;
Nay: Monica Montgomery Steppe, Sean Elo-Rivera;
Recused: (None);
Not Present: (None).
Item 203: Fiscal Year 2022 Mid-Year Budget Monitoring Report.
Total Estimated Cost of Proposed Action and Funding Source:
See attached Fiscal Year 2022 Mid-Year Budget Monitoring Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-280) ADOPTED AS RESOLUTION R-313901
Resolution amending appropriations in the Fiscal Year 2022 Budget in accordance with recommendations in the Fiscal Year 2022 Mid-Year Budget Monitoring Report.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on February 2, 2022.
ACTION: Motion by Committee Member Moreno, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Department of Finance: Trisha Tacke, (619) 236-6371
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:38 PM
MOTION BY CHRIS CATE 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).
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, February 14, 2022
NOTE: The following Public Notice was for public record only. This item did not require Council action or 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)
Tuesday 08/16/22 84 Last day to submit the Fiscal Impact Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, February 14, 2022
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: Approve the Allocation of $3,522,776 in Coronavirus Aid, Relief, and Economic Security (CARES) Act Emergency Solutions Grant (ESG-CV2) for the Operation of the Bridge Shelters and Amend the City’s FY2020 Annual Action Plan.
Total Estimated Cost of Proposed Action and Funding Source:
This item does not have fiscal impact on the General Fund. All funds to support this item are part of the Federal Coronavirus CARES Act Emergency Solutions Grant (ESG-CV2) funding.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-215) CONTINUED TO TUESDAY, FEBRUARY 15, 2022
Resolution allocating funding from the Coronavirus Aid, Relief and Economic Security Act (CARES) Act Emergency Solutions Grant program for operation of the City’s Bridge Shelters and approving an amendment to the City’s Fiscal Year 2020 Annual Action Plan.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 6:23 PM
MOTION BY SEAN ELO-RIVERA TO CONTINUE TO TUESDAY, FEBRUARY 15, 2022, DUE TO LACK OF TIME. Second by Jennifer Campbell.
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).
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, February 14, 2022
Item S401: Update Regarding the Independent Budget Analyst (IBA) Recruitment and Call for Community and Councilmember Input Regarding Preferred Skills and Qualifications.
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
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:46 p.m.
COUNCIL ACTION: Start Time: 6:46 PM