Minutes — San Diego City Council, February 15, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, FEBRUARY 15, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 CLOSED SESSION................................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................6

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 SPECIAL ORDERS OF BUSINESS ...........................................................................................7 APPROVAL OF COUNCIL MINUTES........................................................................................7 Item 30: Day of Remembrance 2022....................................................................................7 Item 31: San Diego Fire-Rescue Department Station 45 Celebration Day ................................8 Item 32: Father Peter Escalante...........................................................................................8 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..................... ..........................................................................................................................................9 Item 51: Amend the Short-Term Residential Occupancy (STRO) Implementation Date...........10 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 Minutes of Tuesday, February 15, 2022 Page 2
Table of Contents (Continued)
Restoration CIP projects and The Transfer of $500,000 in CIP ACC00001 to S-22008 and S22009 to Fund Preliminary Design and Planning Activities .....................................................11 Item 101: As-Needed Dam and Outlet Tower Condition Assessment - 2021 with GEI Consultants, Inc., (H207068) ..............................................................................................13 Item 102: FY 2022 Community Projects, Programs and Services Funding Allocation to Alpha Project for Take Back the Streets/Work Programs.................................................................14 Item 103: FY 2022 Community Projects, Programs and Services Funding Allocation to Voices for Children for Court Appointed Special Advocate (CASA) Program .......................................15 Item 104: FY 2022 Community Projects, Programs and Services Funding Allocation to the Cooper Family Foundation for the Juneteenth Celebration.....................................................16 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............................16 Item 106: Authorization to Apply for Local Assistance Specified Grant Program from the California Natural Resources Agency....................................................................................17 Item 107: Authorization to Apply for Local Assistance Specified Grant Program, Administered by the California Department of Parks and Recreation...............................................................19 Item 108: CalRecycle SB 1383 Local Assistance Grant Program Application for Fiscal Year 2022 through and Including Fiscal Year 2026 ...............................................................................21 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 ...........................................22 Item 330: Undergrounding Memorandum of Understanding with SDG&E...............................22 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% .......................................................................................24 Item 332: Proposed Cannabis Business Division Operations Fee ...........................................26 Item S500: Appointment to the San Diego Park and Recreation Board..................................27 Item S501: Appointments to the Citizens Advisory Board on Police and Community Relations.28 Item S502: Appointments to the Mobility Board Committee..................................................29 Item S503: Reappointment and Appointment to the Board of Library Commissioners.............30 Item S504: Black History Month.........................................................................................31 Minutes of Tuesday, February 15, 2022 Page 3
Table of Contents (Continued)
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......................................................................................31 Item S506: Amendments to the 2022 Legislative Calendar...................................................33 Item S507: Ben Cravatt Day ..............................................................................................34 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 ....................................................34 REPORT OUT FROM CLOSED SESSION................................................................................35 ADJOURNMENT .................................................................................................................36 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, February 15, 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 11:02 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 6:06 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 (cp)
*NOTE: Councilmember LaCava, Councilmember Campbell, Councilmember Whitburn, Council President Pro Tem Montgomery Steppe, Councilmember Campillo, and Council President EloRivera attended in person.

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
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, February 15, 2022
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem Montgomery Steppe.

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

CS-1 Mark Coziahr (Chesner Patz) v. Otay Water
San Diego Superior Court Case No. 37-2015-00023413-CU-MC-CTL Risk Management Department Claim File No. 12386
REFERRED TO CLOSED SESSION OF TUESDAY, FEBRUARY 15, 2022 SDCA Assigned: M. Wharton
This class action case alleges that the City of San Diego violated Proposition 218 by charging tiered water rates to single family residential water customers and seeks refunds. 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: 10:52 AM
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Lori Saldaña commented on year-round shelters needed.

COUNCIL ACTION: Start Time: 10:53 AM
PUBLIC COMMENT-2:

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, February 15, 2022
Barbara Gordon commented on ban of all flavored tobacco products.

COUNCIL ACTION: Start Time: 10:56 AM
PUBLIC COMMENT-3:

Daniel Smiechowski commented on elected officials don’t get elected on morals.

COUNCIL ACTION: Start Time: 10:57 AM
PUBLIC COMMENT-4:

William Dorsett commented on vendor law with first amendment protections.

COUNCIL ACTION: Start Time: 11:00 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:

Councilmember Campillo congratulated Juan Guerreiro for his appointment as Interim Director of the Public Utilities Department. He expressed Mr. Guerreiro brings knowledge and experience to continue the Public Utilities Departments proactive work to ensure critical water and wastewater infrastructure is maintained so the City can continue our bold leadership as we endeavor to become more independent in our water supply through the Pure Water Project.

COUNCIL ACTION: Start Time: 11:02 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
01/17/2022 – Adjourned
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, February 15, 2022
01/18/2022 – Adjourned
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Monica Montgomery Steppe.

Passed by the following vote:

NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 30: Day of Remembrance 2022.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming February 19, 2022, to be “Day of Remembrance 2022” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:39 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 31: San Diego Fire-Rescue Department Station 45 Celebration Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming December 14, 2021, to be “San Diego Fire-Rescue Department Station 45 Celebration Day,” in the City of San Diego.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, February 15, 2022
COUNCIL ACTION: Start Time: 10:39 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 32: Father Peter Escalante.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming February 27, 2022, to be “Father Peter Escalante Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:39 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

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:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, February 15, 2022
Adopt the following Ordinance which was introduced on 1/31/2022, Item S401. (Council voted 9-0):
(O-2022-80) ADOPTED AS ORDINANCE O-21435 (New Series)
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
COUNCIL ACTION: Start Time: 10:07 AM

CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

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 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:

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, February 15, 2022
Adopt the following Ordinance which was introduced on 2/1/2022, Item 330. (Council voted 8-1, Councilmember LaCava- nay):
(O-2022-77) ADOPTED AS ORDINANCE O-21436 (New Series)
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
COUNCIL ACTION: Start Time: 10:07 AM

CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

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

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 S22009 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 Cor. Copy) ADOPTED AS RESOLUTION R-313902 Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, February 15, 2022
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 from the California Environmental Quality Act pursuant to Sections 15061(b)(3) and 15262 of the CEQA Guidelines.

Subitem-B: (R-2022-266) ADOPTED AS RESOLUTION R-313903
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) ADOPTED AS RESOLUTION R-313904
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 Steppe-yea.

Stormwater Department: Sumer Hasenin, (858) 541-4336
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 101: As-Needed Dam and Outlet Tower Condition Assessment - 2021 with GEI Consultants, Inc., (H207068).

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, February 15, 2022
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) ADOPTED AS RESOLUTION R-313905
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-to-exceed $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 Steppe-yea.

Public Utilities: Surraya Rashid, (858) 654-4112
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 102: FY 2022 Community Projects, Programs and Services Funding Allocation to Alpha Project for Take Back the Streets/Work Programs.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of 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 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) ADOPTED AS RESOLUTION R-313906
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
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 103: FY 2022 Community Projects, Programs and Services Funding Allocation to Voices for Children for Court Appointed Special Advocate (CASA) Program.

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) ADOPTED AS RESOLUTION R-313907
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, February 15, 2022
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
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

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) ADOPTED AS RESOLUTION R-313908
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
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, February 15, 2022
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

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) ADOPTED AS RESOLUTION R-313909
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
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

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 16 for the Regular Meeting of Tuesday, February 15, 2022
Recused: (None);
Not Present: (None).

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) ADOPTED AS RESOLUTION R-313910
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 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-toexceed $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) ADOPTED AS RESOLUTION R-313911
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-toexceed $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
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, February 15, 2022
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

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) ADOPTED AS RESOLUTION R-313912
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-toexceed $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).

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, February 15, 2022
Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not-toexceed $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) ADOPTED AS RESOLUTION R-313913
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-toexceed $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-toexceed $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
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

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.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, February 15, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-273) ADOPTED AS RESOLUTION R-313914
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
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

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) ADOPTED AS RESOLUTION R-313915
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-W-MSB, related to a claim of alleged violation of Toby Diller’s civil rights and wrongful death. Risk Claim No. 24247.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, February 15, 2022
Committee Actions Taken: N/A
Office of the City Attorney: Rayna Stephan, (619) 533-5818 COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

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 330: Undergrounding Memorandum of Understanding with SDG&E.

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) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 1, 2022 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 Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, February 15, 2022
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, 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
COUNCIL ACTION: Start Time: 2:19 PM
MOTION BY JOE LACAVA TO INTRODUCE. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, February 15, 2022
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%.

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.

Proposed Actions:
(O-2022-83 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 1, 2022 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
COUNCIL ACTION: Start Time: 3:20 PM
MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

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

Motion by Sean Elo-Rivera to introduce the ordinance as amended to: 1) Add a Whereas clause after the 10th Whereas that reads: “WHEREAS, in order to ensure that the Cannabis Business Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, February 15, 2022
Tax revenues collected from City-based CPFs will reach or exceed their Fiscal Year 2022 levels, the City wishes to implement the reduction of the Cannabis Business Tax for CPFs for an initial period of three years, after which the Council may choose to extend the tax reduction”; 2) Add language to the end of the current 11th WHEREAS clause to read: “WHEREAS, the City now wishes to amend the SDMC to reduce the current Cannabis Business Tax rate for CPFs from eight percent to two percent for a period of three years”; and 3) Add a sentence to the end of Section 34.0112 “Amount of Business Tax Owed”, subsection (d), to read: “Commencing on May 1, 2022, the Cannabis Business Tax rate for a Cannabis production facility shall be set at two percent of Gross Receipts unless the City Council, by ordinance, takes action to set a different tax rate, not to exceed 15 percent of Gross Receipts. Section 34.0112(d) shall remain in effect for three years, at which time it shall be automatically repealed unless an extension is approved in accordance with the law.” Second by Joe LaCava.

Failed by the following vote:

Yea: Monica Montgomery Steppe, Sean Elo-Rivera;
Nay: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno;
Recused: (None);
Not Present: (None).

Motion by Joe LaCava to introduce the ordinance as amended to change the effective date in Section 34.0112 “Amount of Business Tax Owed”, subsection (d), from May 1, 2022, to January 1, 2023. Second by Marni von Wilpert.

Failed by the following vote:

Yea: Joe LaCava, Marni von Wilpert, Vivian Moreno, Sean Elo-Rivera; Nay: Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Chris Cate, Raul A.

Campillo;
Recused: (None);
Not Present: (None).

Item 332: Proposed Cannabis Business Division Operations Fee.

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) ADOPTED AS RESOLUTION R-313921
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, February 15, 2022
Resolution establishing an Annual Cannabis Operating Permit fee for cannabis outlets and cannabis production facilities of $20,802.84 and a late fee for these permits of $2,080.28.

Committee Actions Taken:

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
COUNCIL ACTION: Start Time: 5:24 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

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

Item S500: Appointment to the San Diego Park and Recreation Board.

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) ADOPTED AS RESOLUTION R-313916
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
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, February 15, 2022
Office of Boards and Commissions: Mathew Gordon, (619) 533-4506 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item S501: Appointments to the Citizens Advisory Board on Police and Community Relations.

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) ADOPTED AS RESOLUTION R-313917
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
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, February 15, 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).

Item S502: Appointments to the Mobility Board Committee.

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) ADOPTED AS RESOLUTION R-313918
Resolution confirming the Mayor's appointments of Michelle Krug and Stephanie Hernandez to the Mobility Board for terms ending on February 1, 2023.

Passed by the following vote:

Item S503: Reappointment and Appointment to the Board of Library Commissioners.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, February 15, 2022
There are no City expenditures being authorized with this action.

Council District(s) Affected: 5, 7.

Proposed Actions:
(R-2022-294) ADOPTED AS RESOLUTION R-313919
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.

Passed by the following vote:

NOTE: The following Proclamation was NOT presented in Council Chambers.

Item S504: Black History Month.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming February 2022, to be “Black History Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:39 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, February 15, 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).

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.

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) ADOPTED AS RESOLUTION R-313922
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) ADOPTED AS RESOLUTION R-313923 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 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
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, February 15, 2022
COUNCIL ACTION: Start Time: 5:53 PM
MOTION BY CHRIS CATE TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item S506: Amendments to the 2022 Legislative Calendar.

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

Proposed Actions:
(R-2022-292) ADOPTED AS RESOLUTION R-313920
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
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Leslie FitzGerald
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, February 15, 2022
NOTE: The following Proclamation was NOT presented in Council Chambers.

Item S507: Ben Cravatt Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming February 7, 2022, to be “Ben Cravatt Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:39 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

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. (Continued from the meeting of February 14, 2022, Item S400, at the request of Council President Elo-Rivera.)
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) ADOPTED AS RESOLUTION R-313924
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.

Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, February 15, 2022
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 2:03 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Monica Montgomery Steppe.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, February 15, 2022

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:06 p.m. in honor of the memory of:

Sharon Gibson as requested by Council President Pro Tem Montgomery Steppe.

COUNCIL ACTION: Start Time: 6:04 PM

San Diego City CouncilFebruary 15, 2022

San Diego City Council
February 15, 2022