Minutes — San Diego City Council, March 1, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, MARCH 1, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................5 ATTENDANCE DURING THE MEETING.....................................................................................................................5 ROLL CALL...........................................................................................................................................................................6 PLEDGE OF ALLEGIANCE ...............................................................................................................................................6 CLOSED SESSION .............................................................................................................................................................6 NON-AGENDA PUBLIC COMMENT...........................................................................................................................8

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ...............................................................................................................................................................................................10 SPECIAL ORDERS OF BUSINESS ...............................................................................................................................10 APPROVAL OF COUNCIL MINUTES ........................................................................................................................10 Item 30: National Society of Black Engineers San Diego Chapter Day....................................................11 Item 31: Engineers Week ...........................................................................................................................................11 Item 50: Request to Exempt Three (3) Program Coordinator Positions in the Department of Information Technology from the Classified Service.......................................................................................12 Item 51: Exemption of Two Positions in the Development Services Department from the Classified Service............................................................................................................................................................13 Minutes of Tuesday, March 1, 2022 Page 2
Table of Contents (Continued)
Item 52: Application to the California Department of Water Resources for the FY 2021 High Hazard Potential Dam Rehabilitation Grant ........................................................................................................14 Item 53: Extension of the Lexis Nexis Contract and Approval of Amendment No. 2 ........................15 Item 54: Homes for All of Us: Housing Action Package Amendments to the Municipal Code and Local Coastal Program Amendments.....................................................................................................................16 Item 55: Undergrounding Memorandum of Understanding with SDG&E.............................................17 Item 56: 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%............................................................................................................................18 Item 100: FY 2022 Community Projects, Programs and Services Funding Allocation to Trans Can Work for Matching Funding to Support Workforce Accelerator Fund 9.0 in San Diego........................ ...............................................................................................................................................................................................20 Item 101: FY 2022 Community Projects, Programs and Services Funding Allocation to The San Diego Public Library Foundation for The Library Master Plan Phase I......................................................20 Item 102: FY 2022 Community Projects, Programs and Services Funding Allocation to Pacific Arts Movement for 22nd San Diego Asian Film Festival ................................................................................21 Item 103: FY 2022 Community Projects, Programs and Services Funding Allocation to San Diego LGBT Pride for Pride City-Wide LGBTQ Outreach .............................................................................................22 Item 104: FY 2022 Community Projects, Programs and Services Funding Allocation to TransFamily Support Services for Outreach ........................................................................................................23 Item 105: FY 2022 Community Projects, Programs and Services Funding Allocation to San Diego Humane Society for Community Pet Events and Services.............................................................................24 Item 106: FY 2022 Community Projects, Programs and Services Funding Allocation to MANA de San Diego for Tias Program for Latina Success .................................................................................................24 Item 107: FY 2022 Community Projects, Programs and Services Funding Allocation to Mama's Kitchen for Home-Delivered Meal Service...........................................................................................................25 Item 108: FY 2022 Community Projects, Programs and Services Funding Allocation to Jewish Family Service of San Diego (JFS) for On the Go-Rides and Smiles Program........................................26 Minutes of Tuesday, March 1, 2022 Page 3
Table of Contents (Continued)
Item 109: FY 2022 Community Projects, Programs and Services Funding Allocation to Home Start, Inc. for Miracle on 34th Street: Housing for Young Families Facing Homelessness..................... ...............................................................................................................................................................................................27 Item 110: FY 2022 Community Projects, Programs and Services Funding Allocation to The David's Harp Foundation, Inc., for The Student Recording Studio.............................................................28 Item 111: FY 2022 Community Projects, Programs and Services Funding Allocation to Bayside Community Center for Bayside Community Center 90th Anniversary Celebration.................................. ...............................................................................................................................................................................................29 Item 112: FY 2022 Community Projects, Programs and Services Funding Allocation to Free to Thrive for Human Trafficking and Trauma-informed Skills-based Training for Law Enforcement/Government Agencies and Survivor Empowerment Programs........................................30 Item 113: Settlement of The Hanover Insurance Company a/s/o Prefab Granite Depot of Oceanside, Inc., v. City of San Diego, San Diego Superior Court Case Number 37-2021- 00030886-CU-EI-CTL, Risk No. 21031....................................................................................................................31 Item 114: Settlement of Claim Filed by Anthony Philip Geraldi, Claim No. 24028 .............................32 Item 115: Settlement of Eric Ball v. City of San Diego, et al., United States District Court No. 21cv0498 GPC (BGS), Risk Claim No. 26182........................................................................................................33 Item 116: Settlement of Attorneys’ Fee and Cost Claims Related to the Unions’ Defense of PERB Decision No. 2464-M (2015) Issued in San Diego Municipal Employees Ass'n et al. v. City of San Diego, PERB Case Nos. LA-CE-746-M, LA-CE-752-M, LA-CE-755-M, LA-CE-758-M, Risk Claim No. 6215.....................................................................................................................................................................................34 Item 117: Settlement of Darin Barioni v. City of San Diego, SDSC Case No. 37-2015-00033388- CU-PO-CTL, consolidated with Grace Barioni and Jenny Barioni v. City of San Diego, SDSC Case No. 37-2020-00032337-CU-NP-CTL; Risk No. 11065......................................................................................35 Item 118: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized Employee Organization .................................................................35 Item 119: Resolution Excusing Councilmember Campbell from City Council Meetings from the December 13, 2021 and December 14, 2021 City Council meetings ........................................................36 Item 330: 2022 Draft City Council Work Plan ....................................................................................................37 Item 331: Authorize the City to Accept and Transfer Additional Federal Emergency Rental Assistance Funds (ERA 1) Allocated by the U.S. Department of the Treasury to the San Diego Minutes of Tuesday, March 1, 2022 Page 4
Table of Contents (Continued)
Housing Commission (SDHC) for Support of the COVID-19 Housing Stability Assistance Program (HSAP) ................................................................................................................................................................................38 Item S500: Settlement of Barbara Mellor v. City of San Diego, SDSC Case No. 37-2018- 00036469-CU-PO-CTL, Risk Claim No. 17684 ....................................................................................................39 Item S501: #AfghanEvac Day ...................................................................................................................................39 Item S502: Bayside Community Center Day.......................................................................................................40 Item S503: Allied Gardens Little League Day.....................................................................................................40 Item S504: Repeal of Pushcarts in the Public Right-of-Way and Business Regulations for Sidewalk Vending ..........................................................................................................................................................41 REPORT OUT FROM CLOSED SESSION.................................................................................................................46 ADJOURNMENT .............................................................................................................................................................47 Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, March 1, 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 11:49 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with Councilmember von Wilpert not present. Councilmember von Wilpert arrived to the meeting at 2:02 p.m.

Council President Elo-Rivera recessed the regular meeting at 2:49 p.m. to convene the Housing Authority. Council President Elo-Rivera reconvened the regular meeting at 2:53 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the regular meeting at 5:02 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the regular meeting at 5:07 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the regular meeting at 5:23 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the regular meeting at 5:27 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the regular meeting at 5:48 p.m. for the purpose of a break. Council President EloRivera reconvened the regular meeting at 6:01 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 (mrh)
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, March 1, 2022
*NOTE: Councilmember LaCava, Councilmember Campbell, Councilmember Whitburn, Council President Pro Tem Montgomery Steppe, Councilmember von Wilpert, Councilmember Cate, 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-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

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

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

CS-1 The Estate of Angel Hernandez, et al. v. Jordan Belchamber, et al.

United States District Court Case No. 21cv1773 W (KSC)
Risk Management Department Claim File No. 27247
DCA Assigned: J. McQuarrie
REFERRED TO CLOSED SESSION OF TUESDAY, MARCH 1, 2022
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, March 1, 2022
This case arises from an alleged failure by San Diego Police Department officers to take certain actions to prevent the death of Angel Hernandez on October 15, 2019, at a Coaster platform. 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: 11:19 AM
Public testimony by Lori Saldaña, Paul Kreuger, Daniel Smiechowski, and Laura Zukas.

Council President Elo-Rivera closed the hearing.

CS-2 Marguerite Coats v. City of San Diego
San Diego Superior Court Case No. SDSC 37-2020-00034612-CU-PO-CTL Risk Management Department Claim File No. 24552
DCA Assigned: K. Yee
REFERRED TO CLOSED SESSION OF TUESDAY, MARCH 1, 2022
This claim arises from a raised portion of sidewalk located on Diane Avenue in San Diego.

Plaintiff alleges she tripped and fell, causing injury to her teeth and face. The City Attorney’s Office will update the Mayor and City Council on the status of the matter and seek direction.

COUNCIL ACTION: Start Time: 11:19 AM
Public testimony by Lori Saldaña, Paul Kreuger, Daniel Smiechowski, and Laura Zukas.

Council President Elo-Rivera closed the hearing.

Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):

CS-3 Resolution of the Claim Filed by Excelencia, LLC (aka SVN Vanguard) Risk Management Department Claim File No. 23978
DCA Assigned: B. McGregor
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, March 1, 2022
REFERRED TO CLOSED SESSION OF TUESDAY, MARCH 1, 2022
This matter arises from a break in the City of San Diego’s water main that allegedly flooded and damaged Claimant’s property located at 9682 Via Excelencia. The City Attorney’s Office will update the Mayor and City Council on the status of the claim and seek direction.

COUNCIL ACTION: Start Time: 11:19 AM
Public testimony by Lori Saldaña, Paul Kreuger, Daniel Smiechowski, and Laura Zukas.

Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Daniel Smiechowski commented on the City Council as a private club.

COUNCIL ACTION: Start Time: 11:30 AM
PUBLIC COMMENT-2:

Peggy Walker commented on marijuana.

COUNCIL ACTION: Start Time: 11:33 AM
PUBLIC COMMENT-3:

Joy Sunyata commented on returned phone calls and on the synopsis of police practices.

COUNCIL ACTION: Start Time: 11:35 AM
PUBLIC COMMENT-4:

Brother Steven Gerard commented on a Pro-life direction.

COUNCIL ACTION: Start Time: 11:37 AM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, March 1, 2022
PUBLIC COMMENT-5:

Carole O. commented on the City Treasurer’s Rental Unit Business Tax Program.

COUNCIL ACTION: Start Time: 11:39 AM
PUBLIC COMMENT-6:

Lori Saldaña commented on undergrounding in Clairemont.

COUNCIL ACTION: Start Time: 11:40 AM
PUBLIC COMMENT-7:

Mat Wahlstrom commented on having no balance without checks.

COUNCIL ACTION: Start Time: 11:43 AM
PUBLIC COMMENT-8:

Lorna Zukas commented on bike lanes on University Avenue.

COUNCIL ACTION: Start Time: 11:44 AM
PUBLIC COMMENT-9:

Alex Boyd commented on bike lanes on Pershing Drive.

COUNCIL ACTION: Start Time: 11:45 AM
PUBLIC COMMENT-10:

Judy Strang commented on marijuana businesses.

COUNCIL ACTION: Start Time: 11:47 AM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, March 1, 2022

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

COMMENT
COUNCIL COMMENT-1:

Councilmember Campillo commented on the City’s inclusive language ordinance, Florida’s ‘Don’t Say Gay’ bill, and the directives from the Attorney General and Governor of Texas.

Councilmember Campillo also commented on the allocation of CPPS funds in support of Trans Can Work, to improve the experience and workplace dynamics for trans individuals.

COUNCIL ACTION: Start Time: 2:07 PM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
01/24/2022
01/25/2022
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, March 1, 2022
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 30: National Society of Black Engineers San Diego Chapter Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming February 26, 2022, to be “National Society of Black Engineers San Diego Chapter Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:02 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item 31: Engineers Week.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming February 20 through February 26, 2022, to be national “Engineers Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:02 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, March 1, 2022
Recused: (None);
Not Present: (None).

Item 50: Request to Exempt Three (3) Program Coordinator Positions in the Department of Information Technology from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

This will be funded by the Information Technology Fund, which will be absorbing these costs through current vacancy savings.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-86) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 15, 2022 Introduction of an Ordinance authorizing the exemption of three Program Coordinator positions in the City's Department of Information Technology from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on January 14, 2022.

These positions will be responsible for assisting the City's Payment Card Industry compliance process, the City's public records request process, and the City's Digital Equity programs. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, March 1, 2022
Item 51: Exemption of Two Positions in the Development Services Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The projected annual costs, including salaries and fringe benefits totals approximately $185,000 for the Program Manager and $155,000 for the Program Coordinator. Funds for expenses will be available in the General Fund, Development Services Department for the Program Manager position and the Enterprise Fund for the Program Coordinator due to vacancy savings in Fiscal Year 2022. The positions will be requested in the Fiscal Year 2023 budget process.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-84) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 15, 2022 Introduction of an Ordinance authorizing the exemption of a Program Manager position and a Program Coordinator position in the City's Development Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on October 7 and November 4, 2021. The Program Manager position will oversee the implementation and administration of the enforcement process for the City's Short-Term Residential Occupancy Ordinance, and other related duties. The Program Coordinator position will oversee all aspects of the Project Management and Submittal Division's customer service policies and procedures, and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Development Services: Rimah Khouri-Velez, (619) 466-5007 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

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 14 for the Regular Meeting of Tuesday, March 1, 2022
Recused: (None);
Not Present: (None).

Item 52: Application to the California Department of Water Resources for the FY 2021 High Hazard Potential Dam Rehabilitation Grant.

Total Estimated Cost of Proposed Action and Funding Source:

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

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/8/2022, Item 50. (Council voted 9-0):
(O-2022-82) ADOPTED AS ORDINANCE O-21437 (New Series)
Ordinance authorizing the application, acceptance, appropriation and expenditure of FEMA and DHS Grant funds for the FY 2021 High Hazard Potential Dam Rehabilitation Grant Program, in an amount not-to-exceed $536,798, with grant reporting requirements exceeding five (5) years. 6 votes required pursuant to Charter Section 99.

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

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, March 1, 2022
Not Present: (None).

Item 53: Extension of the Lexis Nexis Contract and Approval of Amendment No. 2.

Total Estimated Cost of Proposed Action and Funding Source:

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

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/8/2022, Item 51. (Council voted 9-0):
(O-2022-18) ADOPTED AS ORDINANCE O-21438 (New Series)
Ordinance authorizing Amendment No. 2 to an Agreement for Services with LexisNexis Risk Solutions Fl, Inc., to Extend the Term Beyond Five Years. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Office of the City Treasurer: DeeDee Alari, (619) 235-5276 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, March 1, 2022
Item 54: Homes for All of Us: Housing Action Package Amendments to the Municipal Code and Local Coastal Program Amendments.

Total Estimated Cost of Proposed Action and Funding Source:

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

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was amended by Council action at the time of introduction on 2/8/2022, Item 333, Subitem A. (Council voted 8-1, Councilmember von Wilpert-nay):
(O-2022-76 REV. COR. COPY 3) ADOPTED AS ORDINANCE O-21439 (New Series) Ordinance amending Chapter 9, Article 8, Division 5 of the San Diego Municipal Code by amending Section 98.0502; amending Chapter 12, Article 5, Division 4 by amending Section 125.0410; amending Chapter 12, Article 9, Division 2 by amending Section 129.0211; amending Chapter 13, Article 1, Division 6 by amending Sections 131.0622 and 131.0623; amending Chapter 14, Article 1, Division 3 by amending Sections 141.0302 and 141.0311; amending Chapter 14, Article 2, Division 6 by amending Section 142.0640; amending Chapter 14, Article 2, Division 13 by amending Section 142.1305; amending Chapter 14, Article 3, Division 4 by amending Sections 143.0402 and 143.0455; amending Chapter 14, Article 3, Division 7 by amending Section 143.0720, retitling and amending Section 143.0742, amending Section 143.0745, and adding Section 143.0746; amending Chapter 14, Article 3 by adding Division 13 and adding Sections 143.1301, 143.1303, 143.1305, 143.1307, 143.1310, and 143.1315; amending Chapter 14, Article 5 by retitling Division 40, amending Section 145.4001, retitling and amending Sections 145.4002 and 145.4003, and repealing Sections 145.4004 and 145.4005; amending Chapter 15, Article 1, Division 4 by amending Section 151.0401; amending Chapter 15, Article 5, Division 2 by adding Section 155.0238; and amending Chapter 15, Article 16, Division 1 by amending Sections 1516.0107, 1516.0112, 1516.0117, 1516.0122, and 1516.0131, all relating to the Homes For All Of Us: Housing Action Package Code Update.

Committee Actions Taken: N/A
Planning: Kelley Stanco, (619) 236-6545
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, March 1, 2022
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert. (von Wilpert seconded the consent agenda but voted nay on Item 504.)
Passed by the following vote:

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

Item 55: 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:

Adopt the following Ordinance which was introduced on 2/15/2022, Item 330. (Council voted 9- 0):
(O-2022-85 Cor. Copy) ADOPTED AS ORDINANCE O-21440 (New Series) 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: N/A
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, March 1, 2022
Transportation Department: James Nabong, (619) 533-3721 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 56: 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:

Adopt the following Ordinance which was introduced on 2/15/2022, Item 331. (Council voted 6- 3,Counilmember LaCava, Council President Pro Tem Montgomery Steppe and Council President Elo-Rivera-nay):
(O-2022-83 Cor. Copy) ADOPTED AS ORDINANCE O-21441 (New Series) 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.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, March 1, 2022
Committee Actions Taken: N/A
Council District 7: Justine Murray, (619) 236-6751
City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: 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).

Item 100: FY 2022 Community Projects, Programs and Services Funding Allocation to Trans Can Work for Matching Funding to Support Workforce Accelerator Fund 9.0 in San Diego.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $9,500 with Trans Can Work for Matching Funding to Support Workforce Accelerator Fund 9.0 in San Diego.

Council District(s) Affected: 2, 3, 7.

Proposed Actions:
(R-2022-305) ADOPTED AS RESOLUTION R-313926
Resolution of the Council of the City of San Diego allocating $9,500 to Trans Can Work, Inc., for matching funding for the Workforce Accelerator Fund 9.0 in San Diego, 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 Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, March 1, 2022
City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 101: FY 2022 Community Projects, Programs and Services Funding Allocation to The San Diego Public Library Foundation for The Library Master Plan Phase I.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $10,500 with The San Diego Public Library Foundation for The Library Master Plan Phase I.

Council District(s) Affected: 1, 2, 3, 7.

Proposed Actions:
(R-2022-304) ADOPTED AS RESOLUTION R-313927
Resolution of the Council of the City of San Diego allocating $10,500 to the San Diego Public Library Foundation for the Library Master Plan Phase I, 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, March 1, 2022
Passed by the following vote:

Item 102: FY 2022 Community Projects, Programs and Services Funding Allocation to Pacific Arts Movement for 22nd San Diego Asian Film Festival.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $8,500 with Pacific Arts Movement for 22nd San Diego Asian Film Festival.

Council District(s) Affected: 2, 3, 6.

Proposed Actions:
(R-2022-289) RETURNED TO STAFF
Resolution of the Council of the City of San Diego allocating $8,500 to the Pacific Arts Movement for the 22nd San Diego Asian Film Festival - Free Films at Four, 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: 10:06 AM
Item 103: FY 2022 Community Projects, Programs and Services Funding Allocation to San Diego LGBT Pride for Pride City-Wide LGBTQ Outreach.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, March 1, 2022
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $22,500 with San Diego LGBT Pride for Pride City-wide LGBTQ Outreach.

Council District(s) Affected: 1, 2, 3, 5, 6, 8.

Proposed Actions:
(R-2022-291) ADOPTED AS RESOLUTION R-313928
Resolution of the Council of the City of San Diego allocating $22,500 to San Diego LGBT Pride for Pride City-Wide LGBTQ outreach, 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 104: FY 2022 Community Projects, Programs and Services Funding Allocation to TransFamily Support Services for Outreach.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not to-exceed $8,500 with TransFamily Support Services for Outreach.

Council District(s) Affected: 1, 2, 3, 5.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, March 1, 2022
Proposed Actions:
(R-2022-306) ADOPTED AS RESOLUTION R-313929
Resolution of the Council of the City of San Diego allocating $8,500 to TransFamily Support Services for outreach, 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 105: FY 2022 Community Projects, Programs and Services Funding Allocation to San Diego Humane Society for Community Pet Events and Services.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $11,500 with San Diego Humane Society for Community Pet Events and Services.

Council District(s) Affected: 1, 2, 5, 6.

Proposed Actions:
(R-2022-290) RETURNED TO STAFF
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, March 1, 2022
Resolution of the Council of the City of San Diego allocating $11,500 to San Diego Humane Society for community pet events and services, 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: 10:06 AM
Item 106: FY 2022 Community Projects, Programs and Services Funding Allocation to MANA de San Diego for Tias Program for Latina Success.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $17,500 with MANA de San Diego for Tias Program for Latina Success.

Council District(s) Affected: 2, 3, 4, 5, 7.

Proposed Actions:
(R-2022-288) ADOPTED AS RESOLUTION R-313930
Resolution of the Council of the City of San Diego allocating $17,500 to Mana de San Diego for the Tias Program for Latina Success, 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, March 1, 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 107: FY 2022 Community Projects, Programs and Services Funding Allocation to Mama's Kitchen for Home-Delivered Meal Service.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $10,000 with Mama's Kitchen for Home-Delivered Meal Service.

Council District(s) Affected: 2, 3, 7, 9.

Proposed Actions:
(R-2022-286) ADOPTED AS RESOLUTION R-313931
Resolution of the Council of the City of San Diego allocating $10,000 to Mama's Kitchen for the Home-Delivered meal service, 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, March 1, 2022
Item 108: FY 2022 Community Projects, Programs and Services Funding Allocation to Jewish Family Service of San Diego (JFS) for On the Go-Rides and Smiles Program.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $14,300 with Jewish Family Service of San Diego (JFS) for On the Go-Rides and Smiles Program.

Council District(s) Affected: 1, 2, 3, 5, 6, 7.

Proposed Actions:
(R-2022-285) ADOPTED AS RESOLUTION R-313932
Resolution of the Council of the City of San Diego allocating $14,300 to the Jewish Family Services of San Diego for the On The Go - Rides & Smiles 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 109: FY 2022 Community Projects, Programs and Services Funding Allocation to Home Start, Inc. for Miracle on 34th Street: Housing for Young Families Facing Homelessness.

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, March 1, 2022
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $14,000 with Home Start, Inc., for Miracle on 34th Street: Housing for Young Families Facing Homelessness.

Council District(s) Affected: 2, 3, 5.

Proposed Actions:
(R-2022-284) ADOPTED AS RESOLUTION R-313933
Resolution of the Council of the City of San Diego allocating $14,000 to Home Start, Inc., for the Miracle on 34th Street: Housing for Young Families Facing Homelessness 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 110: FY 2022 Community Projects, Programs and Services Funding Allocation to The David's Harp Foundation, Inc., for The Student Recording Studio.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $10,000 with The David's Harp Foundation, Inc., for The Student Recording Studio.

Council District(s) Affected: 3, 4.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, March 1, 2022
Proposed Actions:
(R-2022-299) ADOPTED AS RESOLUTION R-313934
Resolution of the Council of the City of San Diego allocating $10,000 to the David’s Harp Foundation, Inc., for the student recording studio, 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 111: FY 2022 Community Projects, Programs and Services Funding Allocation to Bayside Community Center for Bayside Community Center 90th Anniversary Celebration.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $10,000 with Bayside Community Center for Bayside Community Center 90th Anniversary Celebration.

Council District(s) Affected: 2, 7.

Proposed Actions:
(R-2022-298) ADOPTED AS RESOLUTION R-313935
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, March 1, 2022
Resolution of the Council of the City of San Diego allocating $10,000 to the Bayside Community Center for the Bayside Community Center’s 90th Anniversary Celebration, 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 112: FY 2022 Community Projects, Programs and Services Funding Allocation to Free to Thrive for Human Trafficking and Trauma-informed Skills-based Training for Law Enforcement/Government Agencies and Survivor Empowerment Programs.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $20,700 with Free to Thrive for Human Trafficking and Trauma-informed Skills-based Training for Law Enforcement/Government Agencies and Survivor Empowerment Programs.

Council District(s) Affected: 1, 2, 5, 6, 8, 9.

Proposed Actions:
(R-2022-283) ADOPTED AS RESOLUTION R-313936
Resolution of the Council of the City of San Diego allocating $20,700 to Free to Thrive for human trafficking and trauma-informed skills-based training for law enforcement/government agencies and survivor empowerment programs, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs and Services."
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, March 1, 2022
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 113: Settlement of The Hanover Insurance Company a/s/o Prefab Granite Depot of Oceanside, Inc., v. City of San Diego, San Diego Superior Court Case Number 37-2021-00030886- CU-EI-CTL, Risk No. 21031.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $111,601.24 will be paid from the Water Utility Operating Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-217) ADOPTED AS RESOLUTION R-313937
Resolution authorizing the settlement of The Hanover Insurance Company a/s/o Prefab Granite Depot of Oceanside, Inc. v. City of San Diego, San Diego Superior Court Case Number 37-2021- 00030886-CU-EI-CTL, related to a complaint for damages sustained by their insured, Prefab Granite Depot of Oceanside, Inc., because of flooding into their property located at 1205 W.

Morena Blvd., on December 7, 2018. Risk No. 21031.

Committee Actions Taken: N/A
Office of the City Attorney: Catherine L. Turner, (619) 533-6486 Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, March 1, 2022
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 114: Settlement of Claim Filed by Anthony Philip Geraldi, Claim No. 24028.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $76,510 will be paid from the Water Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-244) ADOPTED AS RESOLUTION R-313938
Resolution authorizing the settlement of a pre-litigation claim filed Anthony Philip Geraldi for property damage stemming from a break in the City’s water main on December 17, 2019. Claim No. 24028.

Committee Actions Taken: N/A
Office of the City Attorney: Giovanna G. Longobardo, (619) 533-5664 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, March 1, 2022
Recused: (None);
Not Present: (None).

Item 115: Settlement of Eric Ball v. City of San Diego, et al., United States District Court No. 21cv0498 GPC (BGS), Risk Claim No. 26182.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $775,000 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-309) ADOPTED AS RESOLUTION R-313939
Resolution authorizing the settlement of Eric Ball v. City of San Diego, et al., United States District Court No. 21cv0498 GPC (BGS), related to the arrest and use of force on Plaintiff Eric Ball on June 13, 2020 while he was being booked into the County Jail. Claim No. 26182.

Committee Actions Taken: N/A
Office of the City Attorney: Seetal Tejura, (619) 235-5856 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 116: Settlement of Attorneys’ Fee and Cost Claims Related to the Unions’ Defense of PERB Decision No. 2464-M (2015) Issued in San Diego Municipal Employees Ass'n et al. v. City of San Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, March 1, 2022
Diego, PERB Case Nos. LA-CE-746-M, LA-CE-752-M, LA-CE-755-M, LA-CE-758-M, Risk Claim No. 6215.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $667,249.91 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-276 COR. COPY) ADOPTED AS RESOLUTION R-313940
Resolution authorizing the settlement of attorneys’ fee and cost claims for legal services incurred by the San Diego Municipal Employees Association (MEA); Deputy City Attorneys Association (DCAA); American Federation of State, County and Municipal Employees, AFL-CIO, Local 127 (AFSCME Local 127); and San Diego City Firefighters, Local 145 (Local 145) (collectively referred to as the “Unions”), related to their defense of California Public Employment Relations Board (PERB) Decision No. 2464-M issued in San Diego Municipal Employees Ass’n et al. v. City of San Diego, PERB Case Nos. LA-CE-746-M, LA-CE-752-M, LA-CE-755-M, LA-CE-758-M. Risk Claim No. 6215.

Committee Actions Taken: N/A
Office of the City Attorney: James S. McNeill, (619) 533-5860 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 117: Settlement of Darin Barioni v. City of San Diego, SDSC Case No. 37-2015-00033388- CU-PO-CTL, consolidated with Grace Barioni and Jenny Barioni v. City of San Diego, SDSC Case No. 37-2020-00032337-CU-NP-CTL; Risk No. 11065.

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, March 1, 2022
Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $1,325,000.00 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-274) ADOPTED AS RESOLUTION R-313941
Resolution authorizing the settlement of Darin Barioni v. City of San Diego, SDSC Case No. 37- 2015-00033388-CU-PO-CTL, consolidated with Grace Barioni and Jenny Barioni v. City of San Diego, SDSC Case No. 37-2020-00032337-CU-NP-CTL, related to claims of personal injuries allegedly arising out of an alleged dangerous condition of public property. Risk Claim No. 11065.

Committee Actions Taken: N/A
Office of the City Attorney: Rayna Stephan, (619) 533-5818 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 118: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized Employee Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

There is no known fiscal impact.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, March 1, 2022
Proposed Actions:
(R-2022-312) ADOPTED AS RESOLUTION R-313942
Resolution designating the City of San Diego's management team for labor negotiations with the City's recognized employee organizations, in accordance with the Meyers-Milias-Brown Act, San Diego Charter, and Council Policy 300-06.

Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 119: Resolution Excusing Councilmember Campbell from City Council Meetings from the December 13, 2021 and December 14, 2021 City Council meetings.

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

Proposed Actions:
(R-2022-295) ADOPTED AS RESOLUTION R-313943
Resolution excusing the absence of Councilmember Jennifer Campbell from the City Council meetings of December 13 and 14, 2021.

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

Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, March 1, 2022
Committee Actions Taken: N/A
Council District 2: Makana Rowan, (619) 236-6622
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 330: 2022 Draft City Council Work Plan.

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.

Council District 9: Brendan Dentino, (619) 221-3517
COUNCIL ACTION: Start Time: 2:07 PM
Item 331: Authorize the City to Accept and Transfer Additional Federal Emergency Rental Assistance Funds (ERA 1) Allocated by the U.S. Department of the Treasury to the San Diego Housing Commission (SDHC) for Support of the COVID-19 Housing Stability Assistance Program (HSAP).

Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, March 1, 2022
Total Estimated Cost of Proposed Action and Funding Source:

This has not fiscal impact on the General Fund. All funds to support this item are part of the COVID-19 relief funding sources from Federal Emergency Rental Assistance Funds (ERA 1) allocated by the U.S. Department of the Treasury. This action will authorize the City of San Diego to accept, appropriate, and expend $8,308,615 in federal Emergency Rental Assistance Program (ERA 1) funds.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-314) ADOPTED AS RESOLUTION R-313945
Resolution accepting and allocating federal emergency rental assistance program funds for the COVID-19 Housing Stability Assistance Program.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of March 1, 2022, for a companion item.

COUNCIL ACTION: Start Time: 2:19 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S500: Settlement of Barbara Mellor v. City of San Diego, SDSC Case No. 37-2018-00036469- CU-PO-CTL, Risk Claim No. 17684.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, March 1, 2022
Settlement amount of $199,999.99 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-275) ADOPTED AS RESOLUTION R-313944
Resolution authorizing the settlement of Barbara Mellor v. City of San Diego, SDSC Case No. 37- 2018-00036469-CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property. Risk Claim No. 17684.

Committee Actions Taken: N/A
Office of the City Attorney: Rayna Stephan, (619) 533-5818 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

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

Item S501: #AfghanEvac Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming March 1, 2021 to be “#AfghanEvac Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:02 AM
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, March 1, 2022
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S502: Bayside Community Center Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming March 11, 2022, to be “Bayside Community Center Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:02 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S503: Allied Gardens Little League Day.

COUNCILMEMBER CAMPILLO’S RECOMMENDATION:

APPROVED
Proclaiming March 5, 2022, to be “Allied Gardens Little League Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:02 AM
Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, March 1, 2022
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S504: Repeal of Pushcarts in the Public Right-of-Way and Business Regulations for Sidewalk Vending.

Total Estimated Cost of Proposed Action and Funding Source:

The cost to administer sidewalk vending applications has not yet been determined. City staff is currently determining cost associated with the implementation, education/outreach, permitting and enforcement.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2022-206) ADOPTED AS RESOLUTION R-313946
Resolution determining that the Ordinance amending Chapter 3 of the San Diego Municipal Code by adding Article 6, titled “Sidewalk Vending Regulations,” Sections 36.0101 through

36.0116, and amending Chapter 5 of the San Diego Municipal Code by amending Section

54.0105, all relating to sidewalk vending is not subject to CEQA pursuant to CEQA Guideline Section 15060(c)(2) and is categorically exempt from CEQA pursuant to Section 15301 of the State CEQA Guidelines.

Subitem-B: (O-2022-45) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 15, 2022 Introduction of an Ordinance amending Chapter 12, Article 6, Division 2 of the San Diego Municipal Code by amending Section 126.0203; amending Chapter 12, Article 9, Division 7 by amending Section 129.0710; amending Chapter 13, Article 1, Division 2 by amending Section 131.0222; amending Chapter 13, Article 1, Division 3 by amending Section 131.0322; amending Chapter 13, Article 1, Division 4 by amending Section 131.0422; amending Chapter 13, Article 1, Division 5 by amending Section 131.0522; amending Chapter 13, Article 1, Division 6 by amending Section 131.0622; amending Chapter 13, Article 2, Division 15 by amending Section Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, March 1, 2022
132.1510; amending Chapter 14, Article 1, Division 6 by amending Section 141.0619; amending Chapter 15, Article 5, Division 2 by amending Section 155.0238; amending Chapter 15, Article 6, Division 3 by amending Section 156.0308; amending Chapter 15, Article 7, Division 3 by amending Section 157.0304; and amending Chapter 15, Article 16, Division 1 by amending Sections 1516.0112, 1516.0117, and 1516.0122, all relating to pushcarts.

Subitem-C: (O-2022-43 Rev.) INTRODUCED AS AMENDED BY INTERLINEATION, TO BE ADOPTED TUESDAY, MARCH 15, 2022
Introduction of an Ordinance amending Chapter 3 of the San Diego Municipal Code by adding Article 6, Division 1, Sections 36.0101 through 36.0116; and amending Chapter 5, Article 4, Division 1 by amending Section 54.0105, all relating to sidewalk vending.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on February 9, 2022.

ACTION: Motion by Motion by Committee Member Campbell, second by Chair Campillo, to recommend Council approval of staff's proposed actions with the following amendments:

1. Include an annual review of the ordinance by the ED&IR Committee that will ensure the ordinance is being implemented effectively and offer opportunities or adjustments as needed.

2. §36.0104 Permit Denial and Revocation: (a)(2): of the sidewalk vendor to notify the City Manager within five business 15 calendar days of any changes to the facts provided in a vending permit application after the issuance of a vending permit:

3. §36.0107 Vending in Public Parks, Plazas, and Beach Areas: (c) Sidewalk vendors shall not vend within 100 50 feet of another sidewalk vendor.

4. §36.0109 Prohibited Sales: Sidewalk vendors are prohibited from vending the following goods:
alcoholic beverages; tobacco and tobacco products; vaping products; smoking and drug related paraphernalia, not including apparel; cannabis and cannabis products; weapons, including knives, guns, or explosive devices; BB devices or imitation firearms; pharmaceuticals; live animals; harmful materials to minors as defined in section 58.07 of this Code; or other products prohibited by local, state and federal laws.

5. The offices of Councilmember Campbell and Councilmember Campillo will work together to craft language to insert into the draft ordinance that includes a written administrative warning and referral to a community-based organization for a first violation before fines are administered.

Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, March 1, 2022

6. §36.0111 Impounding of Vending Equipment: In addition to the administrative fines authorized by section 36.0110, Environmental Services Department may, upon an individual’s fourth or greater violation of this Division, impound vending equipment and any goods therein.

VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.

Council District 2: Venus Molina, (619) 236-6622
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 2:53 PM
Public testimony by Bill Keller, Jerry Hall, Erin Tsurumoto Grassi, Rebecca Rybczyk, Joe Cordileone, William J. Dorsett, Tracy Dezenzo, Corey Bruins, James Saba, Miguel Avila Morales, Sergio Jimenez, Scott Gressard, Kathy Vandenheuvel, Denny Knox, Sarah, Robert Green, Cathy Ives, Edgar Ortiz, Patricia Mondragon, Michael Trimble, Gary Gartner, Tricia Riha, Larry Webb, Alex Orbovich, Sarah Evans, Stephanie Saathoff, Chris Duggan, Susan Ranft, Matthew Gardner, Keara O'Laughlin, Alexis Villanueva, Dulce Garcia, Marcella Teran, Paul Krueger, Andrea Schlageter, Craig Klein, Tim, Elle Recendez, Daniel Moceri, Kevin Hastings, Sue Booth, Unknown caller, Jean Huy, Lilian Serrano, Howard Greenberg, Kenny Smith, Benjamin Prado, Peter Comiskey, Danny Avitia, Yaneth, Mora Lopez, Ymoat Luna, Suzanne Baracchini, Catharine Douglass, and Ian M. Seruelo.

MOTION BY JENNIFER CAMPBELL TO ADOPT THE RESOLUTION IN SUBITEM A; INTRODUCE THE ORDINANCE IN SUBITEM B; AND INTRODUCE THE ORDINANCE IN SUBITEM C AS AMENDED BY INTERLINEATION TO CHANGE SECTION 36.0110, PENALTIES AND FINES, SUBSECTION (B)(3) TO READ “AN ADMINISTRATIVE FINE OF $1,000 FOR A THIRD AND EACH SUBSEQUENT VIOLATION WITHIN ONE YEAR OF THE FIRST VIOLATION”; AND REMOVE SUBSECTION (B)(4). Second by Raul A. Campillo.

Passed by the following vote:

MOTION BY JOE LACAVA TO INTRODUCE THE ORDINANCE IN SUBITEM C AS FURTHER AMENDED BY INTERLINEATION TO CHANGE SECTION 36.0102, DEFINITIONS, IN THE HIGHTRAFFIC BIKE AND SHARED USE PATH PARAGRAPH INCLUDE “COAST BOULEVARD BOARDWALK BETWEEN JENNER STREET AND CUVIER STREET, INCLUDING POPOUTS”; AND ALSO ADD “SCRIPPS PARK BOARDWALK, WHICH RUNS ALONG THE PERIMETER OF ELLEN BROWNING SCRIPPS PARK.” Second by Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, March 1, 2022
Passed by the following vote:

MOTION BY MONICA MONTGOMERY STEPPE TO INTRODUCE THE ORDINANCE IN SUBITEM C AS FURTHER AMENDED BY INTERLINEATION TO CHANGE SECTION 36.0111, IMPOUNDING OF VENDING EQUIPMENT, SUBSECTION (A) TO INCLUDE “PROVIDED THAT THE FOURTH OR GREATER VIOLATION INVOLVES ONE OR MORE OF THE FOLLOWING: (1) LEAVING VENDING EQUIPMENT OR GOODS UNATTENDED IN VIOLATION OF SECTION 36.0105(K); OR (2) VENDING PROHIBITED GOODS IN VIOLATION OF SECTION 36.0109; OR (3) VENDING WITHOUT A VALID VENDING PERMIT IN VIOLATION OF SECTION 36.0110(B).” Second by Stephen Whitburn.

Passed by the following vote:

MOTION BY STEPHEN WHITBURN TO INTRODUCE THE ORDINANCE IN SUBITEM C AS FURTHER AMENDED BY INTERLINEATION TO CHANGE SECTION 36.0102, DEFINITIONS, TO INCLUDE A NEW PARAGRAPH “GASLAMP QUARTER DISTRICT MEANS THE GASLAMP QUARTER PLANNED DISTRICT AREA DEPICTED IN FIGURE A OF CHAPTER 15, ARTICLE 7 OF THE MUNICIPAL CODE,

WHICH IS DESCRIBED AS EXTENDING FROM THE SOUTH SIDE OF BROADWAY TO HARBOR DRIVE, AND FROM THE EAST SIDE OF FOURTH AVENUE TO THE WEST SIDE OF SIXTH AVENUE.

ALSO INCLUDED IS THE WEST SIDE OF FOURTH AVENUE (TO THE MID-BLOCK PROPERTY LINE) BETWEEN MARKET STREET AND ISLAND AVENUE”; AND MODIFY THE EXISTING HIGH-TRAFFIC SIDEWALK PARAGRAPH TO READ, “MEANS COLUMBIA STREET, KETTNER BOULEVARD, AND

INDIA STREET BETWEEN ASH STREET AND WEST KALMIA STREET LOCATED IN LITTLE ITALY, AND SAN DIEGO AVENUE BETWEEN CONDE STREET AND TWIGGS STREET IN OLD TOWN.”; AND CHANGE SECTION 36.0106, VENDING LOCATIONS, TO INCLUDE “(H) SIDEWALK VENDORS SHALL NOT VEND WITHIN THE GASLAMP QUARTER DISTRICT.” Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: Vivian Moreno;
Recused: (None);
Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, March 1, 2022
Not Present: (None).

MOTION BY SEAN ELO-RIVERA TO INTRODUCE THE ORDINANCE IN SUBITEM C AS FURTHER AMENDED BY INTERLINEATION TO CHANGE SECTION 36.0103, VENDING PERMIT REQUIREMENT,SUBSECTION (D)(4) TO INCLUDE “WITH THE SUBMISSION OF A COMPLETE

VENDING PERMIT APPLICATION, A VENDING PERMIT MAY BE ISSUED WITH THE SUBMISSION

OF A COMPLETE BUSINESS TAX CERTIFICATE APPLICATION, WHICH MAY BE SUBMITTED CONCURRENTLY WITH, OR PRIOR TO, THE VENDING PERMIT APPLICATION”; AND CHANGE SECTION 36.0115, ENTREPRENEURSHIP ZONES, TO INCLUDE “SUBJECT TO THE APPROVAL OF THE CITY COUNCIL BY RESOLUTION.” Second by Monica Montgomery Steppe.

Passed by the following vote:

Motion by Joe LaCava to introduce the ordinance as amended by interlineation to change Section 36.0102, Definitions, in the Summer moratorium paragraph include “for purposes of this division, means the Saturday prior to Memorial Day and the preceding Saturday and Sunday through October 1st.” Second by Stephen Whitburn
Failed by the following vote:

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

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, March 1, 2022

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

Mrs. Gerry Plotkin as requested by Councilmember von Wilpert.

COUNCIL ACTION: Start Time: 6:03 PM

San Diego City CouncilMarch 1, 2022

San Diego City Council
March 1, 2022