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
the Independent
City Attorney
Budget Analyst
Elizabeth Maland
City Clerk
Virtual Meeting
Tuesday, February 15, 2022
Tuesday, February 15, 2022
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, FEBRUARY 15, 2022, AT 10:00 AM
11AM COUNCIL ADJOURNS INTO CLOSED SESSION
CITY ADMINISTRATION BUILDING
12TH FLOOR, 202 “C” STREET SAN DIEGO, CA 92101
VIRTUAL 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#
Tuesday, February 15, 2022
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 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 8:00 AM 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 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.
Group Presentations you may sign up 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.
Tuesday, February 15, 2022
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 email to: [email protected]. The City is committed to resolving accessibility requests swiftly in order to maximize accessibility.
Tuesday, February 15, 2022
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.”
Tuesday, February 15, 2022
PLEASE NOTE: THE PUBLIC PORTION OF THIS AGENDA, LISTED BELOW INCLUDING NONAGENDA PUBLIC COMMENT AND CLOSED SESSION PUBLIC COMMENT IS TAKEN DURING THE 10 AM MORNING PORTION OF THE AGENDA. THE COUNCIL ADJOURNS INTO CLOSED SESSION AT APPROXIMATELY 11 AM AND RESUMES THE PUBLIC PORTION OF THE MEETING AT 2 PM.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF COUNCIL MINUTES
01/17/2022 - Adjourned
01/18/2022 - Adjourned
Tuesday, February 15, 2022
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 50: Fourth Amendment to the Agreement with Dr. David Victor for Energy Market Expert Review Services Regarding the San Vicente Hydroelectric Pumped Storage Project.
Total Estimated Cost of Proposed Action and Funding Source:
The total not-to-exceed amount of the Fourth Amendment is $200,000, for a total cost of $680,000, to be paid from the Water Utility Operating Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 1/31/2022, Item S401. (Council voted 9-0):
(O-2022-80)
Ordinance approving the Fourth Amendment to the Agreement with Dr. David Victor for Energy Market Expert Review Services Regarding the San Vicente Hydroelectric Pumped Storage Project, adding a not-to-exceed amount of $200,000, for a total cost of $680,000, and extending the term to August 22, 2025.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Ray Palmucci
Item 51: Amend the Short-Term Residential Occupancy (STRO) Implementation Date.
Total Estimated Cost of Proposed Action and Funding Source:
As discussed at the October 11, 2021 City Council meeting, the total one-time costs to implement the STRO Program are estimated to be $1,247,469. Approval CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, February 15, 2022
of this amendment to revise the STRO implementation date would result in a reduction of the one-time costs that would be incurred this fiscal year to $521,796. The remainder of the one-time costs of $725,673 would be incurred approximately three (3) to six (6) months prior to the new implementation date.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 2/1/2022, Item 330. (Council voted 8-1, Councilmember LaCava- nay):
(O-2022-77)
Ordinance amending the implementation date for the Short-Term Residential Occupancy Regulations adopted in Ordinance O-21305 (April 14, 2021).
Committee Actions Taken: N/A
Office of the City Treasurer: Tricia Mendenhall, (619) 235-5833 City Attorney Contact: Heather Ferbert
ADOPTION AGENDA
Item 100: Authorize the Use of City Forces for Ten Pipe Repair Projects and Expend Capital Improvement Program (CIP) Budget Funds from CIP ACA00001 Not-To-Exceed $4,497,609 to Ten Pipe Repair Projects for City Force Work Expenses; Authorize Two New Standalone Creek Restoration CIP projects and The Transfer of $500,000 in CIP ACC00001 to S-22008 and S-22009 to Fund Preliminary Design and Planning Activities.
Total Estimated Cost of Proposed Action and Funding Source:
Council approval of this request will authorize the appropriation and expenditure of $4,497,609 for corrugated Metal Pipe (CMP) repair projects, and an additional $500,000 for creek restoration projects, for a total of $4,997,609 of expenditures for the Capital Improvement Program.
Council District(s) Affected: 2, 3, 4, 7, 8, 9.
Proposed Actions:
Subitem-A: (R-2022-264)
Resolution determining that the addition of two standalone creek restoration projects to the Capital Improvements Program and authorizing transfer of appropriations for preliminary engineering and planning activities are exempt CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, February 15, 2022
from the California Environmental Quality Act pursuant to Sections 15061(b)(3) and 15262 of the CEQA Guidelines.
Subitem-B: (R-2022-266)
Resolution authorizing the addition of two standalone creek restoration projects to the Capital Improvements Program and transfer of appropriations of $500,000 from CIP ACC00001 to CIP S-22008 Upper Auburn Creek Revitalization and CIP S-22009 Chollas Creek Restoration 54th St. and Euclid Avenue to fund preliminary engineering and planning activities.
Subitem-C: (R-2022-265)
Resolution authorizing the use of City forces to complete ten in-house projects for repairs of Corrugated Metal Stormwater Pipes and expenditure of Capital Improvement Program budget funds not-to-exceed $4,497,609 for City force work related expenses.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 26, 2022.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Montgomery Steppe, to recommend Council Approval of staff's recommendation.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppeyea.
Stormwater Department: Sumer Hasenin, (858) 541-4336
City Attorney Contact: Jeanne MacKinnon
Item 101: As-Needed Dam and Outlet Tower Condition Assessment - 2021 with GEI Consultants, Inc., (H207068).
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this five-year agreement is not-to-exceed $5,000,000 and will be funded through the Water Utility Operating Fund and the Capital Improvements Program.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-256)
Tuesday, February 15, 2022
Resolution authorizing the Mayor to sign an As-Needed Engineering Services Agreement with GEI Consultants, Inc., for Dam and Outlet Tower Condition Assessments - 2021, and authorizing the expenditure of an amount not-toexceed $5,000,000 from Water Fund 700011 (Water Utility Operating) and Water Fund 700010 (Water Utility CIP), over five (5) years.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 26, 2022.
ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppeyea.
Public Utilities: Surraya Rashid, (858) 654-4112
City Attorney Contact: Ray Palmucci
Item 102: FY 2022 Community Projects, Programs and Services Funding Allocation to Alpha Project for Take Back the Streets/Work Programs.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor, and his designee, to enter into an Agreement with Alpha Project for Take Back the Streets/Work Programs, for an amount not-to-exceed $20,500.
Council District(s) Affected: 3, 5, 6, 9.
Proposed Actions:
(R-2022-268)
Resolution authorizing the allocation of $20,500 to the Alpha Project for the Homeless for the Take Back the Streets and Work programs, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs and Services."
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Item 103: FY 2022 Community Projects, Programs and Services Funding Allocation to Voices for Children for Court Appointed Special Advocate (CASA) Program.
Tuesday, February 15, 2022
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor, and his designee, to enter into an Agreement with Voices for Children for Court Appointed Special Advocate (CASA) program, for an amount not-to-exceed $12,000.
Council District(s) Affected: 1, 2, 3.
Proposed Actions:
(R-2022-271)
Resolution authorizing the allocation of $12,000 to the Voices for Children for the Court Appointed Special Advocate (CASA) program, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs and Services."
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Item 104: FY 2022 Community Projects, Programs and Services Funding Allocation to the Cooper Family Foundation for the Juneteenth Celebration.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor, and his designee, to enter into an Agreement with Cooper Family Foundation for an amount not-to-exceed $15,000, for the Juneteenth Celebration.
Council District(s) Affected: 4, 8, 9.
Proposed Actions:
(R-2022-270)
Resolution authorizing the allocation of $15,000 to the Cooper Family Foundation for the Juneteenth event, pursuant to Council Policy 100-06, "City Council Funding of Community Programs, Projects and Services." Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Tuesday, February 15, 2022
Item 105: FY 2022 Community Projects, Programs and Services Funding Allocation to American Academy of Pediatrics, CA Chapter 3 for the Reach Out and Read Program.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor, and his designee, to enter into an Agreement with American Academy of Pediatrics, CA Chapter 3 for the Reach Out and Read Program, for an amount not-to-exceed $13,000.
Council District(s) Affected: 3, 5, 6, 8.
Proposed Actions:
(R-2022-269)
Resolution authorizing the allocation of $13,000 to the American Academy of Pediatrics CA Chapter 3, for the Reach Out and Read program, pursuant to Council Policy 100-6, "City Council Funding of Community Projects, Programs and Services."
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Item 106: Authorization to Apply for Local Assistance Specified Grant Program from the California Natural Resources Agency.
Total Estimated Cost of Proposed Action and Funding Source:
$6,500,000 in Grant Fund - State from the California Natural Resources Agency for the Billie Jean King Tennis Court renovation ($2,500,000), building renovations to the Casa del Prado ($3,700,000), and for improvements to the Ed Brown Center ($300,000).
Council District(s) Affected: 2, 3, 5.
Proposed Actions:
Subitem-A: (R 2022-228)
Resolution authorizing the Mayor, or his designee, to make an application to the California Natural Resources Agency Office of Grants and Local Services – Local Assistance Specified Grant Program and take all necessary actions to secure funding in an amount not-to-exceed $2,800,000 in Fund 600001 Grant Fund – State for improvements to the following projects: to reimburse Youth Tennis San Diego for costs in the renovation of the Billie Jean King Tennis Center at the Barnes Tennis Center ($2,500,000) and to reimburse Ed Brown Center for costs in Tuesday, February 15, 2022
the installation of solar panels, automatic entrance doors and additional storage areas at the Ed Brown Center ($300,000) (Projects).
Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not-to-exceed $2,800,000 in Grant Program funding for the Projects, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and for all related actions.
Subitem-B: (R 2022-222)
Resolution authorizing the Mayor, or his designee, to make an application to the California Natural Resources Agency Office of Grants and Local Services – Local Assistance Specified Grant Program and take all necessary actions to secure funding in an amount not-to-exceed $3,700,000 in Fund 600001 Grant Fund – State for improvements to B22048 Casa Del Prado in Balboa Park (“Project”).
Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not-to-exceed $3,700,000 in Grant Program funding for the Project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and for all related actions.
Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
Item 107: Authorization to Apply for Local Assistance Specified Grant Program, Administered by the California Department of Parks and Recreation.
Total Estimated Cost of Proposed Action and Funding Source:
Acceptance of $12,002,000 in State of California grants for Ocean Beach Pier Replacement ($8,400,000); the Mission Trails Regional Park Trail System Management and Youth Camp Programs ($100,000); Chollas Lake Improvements ($752,000); playground shade structures at John F. Kennedy Neighborhood Park Restroom and Playground Improvements, Robb Field Playground, and West Sycamore Staging Area ($750,000); and improvements to Casa Del Prado ($2,000,000).
Council District(s) Affected: 2, 3, 4, 5.
Proposed Actions:
Subitem–A: (R 2022-221)
Resolution authorizing the Mayor, or his designee, to make an application to the California Department of Parks and Recreation Office of Grants and Local Services – Local Assistance Specified Grant Program and take all necessary Tuesday, February 15, 2022
actions to secure funding in an amount not-to-exceed $11,902,000 in Fund 600001 Grant Fund – State for improvements to the following projects:
improvements to Ocean Beach Pier ($8,400,000), improvements to Chollas Lake ($752,000), restroom and playground improvements at Robb Field Park ($250,000), improvements to the West Sycamore Staging Area ($250,000), improvements to the Casa Del Prado in Balboa Park ($2,000,000) and playground shade structures at John F. Kennedy Neighborhood Park ($250,000) (Projects).
Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not-to-exceed $11,902,000 in Grant Program funding for the Projects, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and for all related actions.
Subitem–B: (R-2022-230)
Resolution authorizing the Mayor, or his designee, to make an application to the California Department of Parks and Recreation Office of Grants and Local Services – Local Assistance Specified Grant Program and take all necessary actions to secure funding in an amount not-to-exceed $100,000 in Fund 600001 Grant Fund – State to reimburse Mission Trails Regional Park Foundation for costs to improve the Mission Trails Regional Park Trail System Management (Project).
Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not-to-exceed $100,000 in Grant Program funding for the Project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and for all related actions.
Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
Item 108: CalRecycle SB 1383 Local Assistance Grant Program Application for Fiscal Year 2022 through and Including Fiscal Year 2026.
Total Estimated Cost of Proposed Action and Funding Source:
The action requested does not have a direct fiscal impact, but instead allows ESD to apply for grant funding to help with the different costs associated with the implementation of SB 1383. These grant funds would help offset General Fund costs. Matching funds are not required for this grant program. Funds will be tracked in a separate grant fund and can only be used for eligible activities that support the goals of CalRecycle’s SB 1383 Local Assistance Grant.
Council District(s) Affected: Citywide.
Tuesday, February 15, 2022
Proposed Actions:
(R-2022-273)
Resolution authorizing the Mayor, or his designee, to make applications to CalRecycle and take all necessary action to secure funding from the SB 1383 Local Assistance Grant Program to assist with the City's implementation of regulation requirements associated with SB 1383, and for all related actions.
Committee Actions Taken: N/A
Environmental Services: Ken Prue, (858) 492-5085
City Attorney Contact: Nicole M. Denow
Item 109: Settlement of Estate of Toby Diller, et al. v. City of San Diego, et al., United States District Court Case No. 20cv1003-W-MSB, Risk Claim No. 24247.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $375,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-254)
Resolution authorizing the settlement of settlement of Estate of Toby Diller, et al. v. City of San Diego, et al., United States District Court: USDC 20CV1003-WMSB, related to a claim of alleged violation of Toby Diller’s civil rights and wrongful death. Risk Claim No. 24247.
Committee Actions Taken: N/A
Office of the City Attorney: Rayna Stephan, (619) 533-5818 Item S500: Appointment to the San Diego Park and Recreation Board. (Added 2/11/2022)
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 8.
Proposed Actions:
(R-2022-278)
Tuesday, February 15, 2022
Resolution confirming the Mayor's appointment of Maria "Pita" Verdin to the Park and Recreation Board for a term expiring on March 1, 2023.
Committee Actions Taken: N/A
Office of Boards and Commissions: Mathew Gordon, (619) 533-4506 City Attorney Contact: Kathy Steinman
Item S501: Appointments to the Citizens Advisory Board on Police and Community Relations. (Added 2/11/2022)
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 7, 8.
Proposed Actions:
(R-2022-242)
Resolution confirming the Mayor's appointment of Ellis Clay and Adrianna Flores to the Citizens Advisory Board on Police/Community Relations, with terms ending January 1, 2023.
Committee Actions Taken: N/A
Office of Boards and Commissions: Mathew Gordon, (619) 533-4506 City Attorney Contact: Kathy Steinman
Item S502: Appointments to the Mobility Board Committee. (Added 2/11/2022) Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 4, 9.
Proposed Actions:
(R-2022-277)
Resolution confirming the Mayor's appointments of Michelle Krug and Stephanie Hernandez to the Mobility Board for terms ending on February 1, 2023.
Tuesday, February 15, 2022
Committee Actions Taken: N/A
Office of Boards and Commissions: Mathew Gordon, (619) 533-4506 City Attorney Contact: Kathy Steinman
Item S503: Reappointment and Appointment to the Board of Library Commissioners. (Added 2/11/2022)
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 5, 7.
Proposed Actions:
(R-2022-294)
Resolution confirming the Mayor's appointment of Shawna Hook-Held and reappointment of Ben Moraga to the Board of Library Commissioners for terms ending March 1, 2022.
Committee Actions Taken: N/A
Office of Boards and Commissions: Mathew Gordon, (619) 533-4506 City Attorney Contact: Kathy Steinman
Item S506: Amendments to the 2022 Legislative Calendar. (Added 2/11/2022) Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-292)
Amending the 2022 Legislative Calendar as reflected in the amended 2022 Legislative Calendar.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Tuesday, February 15, 2022
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Leslie FitzGerald
Tuesday, February 15, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Day of Remembrance 2022.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming February 19, 2022, to be “Day of Remembrance 2022” in the City of San Diego.
Item 31: San Diego Fire-Rescue Department Station 45 Celebration Day COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming December 14, 2021, to be “San Diego Fire-Rescue Department Station 45 Celebration Day,” in the City of San Diego.
Item 32: Father Peter Escalante .
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming February 27, 2022, to be “Father Peter Escalante Day” in the City of San Diego.
Item S504: Black History Month. (Added 2/11/2022)
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming February 2022, to be “Black History Month” in the City of San Diego.
Item S507: Ben Cravatt Day. (Added 2/11/2022)
COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming February 7, 2022, to be “Ben Cravatt Day” in the City of San Diego.
SPECIAL ORDERS OF BUSINESS
Tuesday, February 15, 2022
None.
ITEMS PULLED FROM THE CONSENT AGENDA
PUBLIC COMMENT ON CLOSED SESSION
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 comment is limited to two (2) minutes per speaker.
Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes, during the morning session. Non-agenda public comment at the beginning of the meeting may be limited to 30 minutes, with any remaining speakers given an opportunity to speak after Council concludes the other agenda items for the day.
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
Tuesday, February 15, 2022
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: Undergrounding Memorandum of Understanding with SDG&E.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
All Utility Undergrounding projects covered under this MOU will be supported by revenue collected from related franchise fees deposited into the City’s Underground Surcharge Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-85 Cor. Copy)
Introduction of an Ordinance to authorize the Mayor to enter into a Memorandum of Understanding with San Diego Gas & Electric (SDG&E) for the operation, management, and oversight of the City's Utility Undergrounding Program, and related actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on January 20, 2022.
ACTION: Motion by Committee Member Campillo, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions with the following amendments:
1. Amend Section 4.2.1 to include the following: CITY shall prioritize Projects in accordance with CITY Policies, as amended from time to time. Such prioritization shall account for undergrounding needs in Communities of Concern and communities with higher fire risk, as identified in the High Fire Threat District tool, the City’s Climate Resilient SD Plan, and intelligence and data from SDG&E meteorology teams and academic research partners.
2. Amend Section 4.2.2 to include the following: GRANTEE will supply information reasonably required by CITY to prioritize parts of CITY with aboveground distribution GRANTEE Facilities within the High Fire Threat District, DISCUSSION, ORDINANCES TO BE INTRODUCED:
Tuesday, February 15, 2022
and where undergrounding may be the most beneficial for wildfire mitigation.
Upon request, GRANTEE will participate and support CITY staff in making presentations to Council concerning climate risk and public safety.
3. Amend Section 15.1 to include the following: Parties will establish an open process of communication and coordination with the public and Council District offices. Additional coordination and communication may be needed with the Mayor’s Office and Community Planning Groups. Formal Project communication plans shall be shared and coordinated between all Parties to ensure accurate and comprehensive information is provided.
4. Amend Section 15.2 to include the following: CITY will facilitate community forum meetings in accordance with Utility Undergrounding Advisory Committee and Council District office recommendations and other CITY policies. GRANTEE will participate in meeting preparation including providing timely information for public notices and presentation materials. GRANTEE will provide appropriate personnel to speak for both formal presentations and information tables. The personnel representing GRANTEE will be prepared to communicate Project details relevant to a public audience including Project timelines.
5. Amend Section 15.4 to include the following: GRANTEE will consult with CITY, including Council District offices, on community sensitivity to Project visual impacts and will plan accordingly to accommodate additional meetings with the community
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Transportation Department: James Nabong, (619) 533-3721 City Attorney Contact: Ryan P. Gerrity
Item 331: Adoption of an ordinance amending Chapter 3, Article 4, Division 1 of the San Diego Municipal Code to Reduce the Current Tax Rate for Cannabis Production Facilities (CPFs) in the City of San Diego from 8% to 2%.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The Cannabis Business Tax(CBT) program is funded by the General Fund and the cost to implement the changes associated with the tax, including staff time to update the remittance form and website, are minimal and will come out of the annual budget allocated to the CBT program.
Council District(s) Affected: Citywide.
Tuesday, February 15, 2022
Proposed Actions:
(O-2022-83)
Introduction of an Ordinance amending Chapter 3, Article 4, Division 1 of the San Diego Municipal Code by amending Sections 34.0103 and 34.0112, relating to the City's Cannabis Business Tax.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on November 17, 2021.
ACTION: Motion by Chair Campillo, second by Vice Chair Cate, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Moreno-yea, Elo-Rivera-yea.
Council District 7: Justine Murray, (619) 236-6751
City Attorney Contact: David Powell
ADOPTION AGENDA
Item 332: Proposed Cannabis Business Division Operations Fee.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Adoption of the proposed fee will result in approximately $1.37 million in revenue annually to cover costs to the department to operate the Cannabis Business Division.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-267 Cor. Copy) (Rev. 2/11/2022)
Resolution establishing an Annual Cannabis Operating Permit fee for cannabis outlets and cannabis production facilities of $20,802.84 and increasing a late fee for these permits of $2,080.28. (Rev. 2/14/22)
Committee Actions Taken:
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, February 15, 2022
This item was heard at the Budget and Government Efficiency Committee meeting on November 19, 2021.
ACTION: Motion by Vice Chair Whitburn, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 3-1; Whitburn-yea, Montgomery Steppe-yea, Campillo-yea, Cate-nay.
Development Services: Lara Gates, (619) 446-5107
City Attorney Contact: Noah Brazier
Item S505: Creation of a Temporary Special Issues Council Committee Named the Select Committee on San Diego Housing Commission Oversight and Reform, and Appointments of Councilmembers to the Committee. (Added 2/11/2022)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The creation of a Select Committee will not require any additional positions; responsibilities will be managed by the residing chair. Consideration should also be given for additional staff time under the Office of the Mayor, Office of the City Attorney, Council Administration, and Office of the Independent Budget Analyst.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2022-296)
Resolution adding temporary Rule 6.11.4 to the Rules of Council creating a Special Issues Committee named the Select Committee on San Diego Housing Commission Oversight and Reform.
Subitem A is not subject to the Mayor's veto.
Subitem-B: (R-2022-297 Cor. Copy) (Rev. 2/14/2022)
Resolution confirming the following appointments by the Council President to serve as chair, vice chair, and committee members of the temporary Special Issues Committee named the Select Committee on San Diego Housing Commission Oversight and Reform for one year, which may be renewed if the Council extends the Committee's work or until a successor is duly appointed and confirmed: Councilmember Stephen Whitburn (Chair), Councilmember Chris Tuesday, February 15, 2022
Cate (Vice Chair), Councilmember Joe LaCava, and Councilmember Marni von Wilpert.
Subitem B 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: Kathy Steinman
Item S508: 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. (Added 2/15/22)
(Continued from the meeting of February 14, 2022, item S400, at the request of Council President Elo-Rivera.)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
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)
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
Tuesday, February 15, 2022
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT