THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, APRIL 04, 2022
AT 2:00 PM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..........................................................................................2 ATTENDANCE DURING THE MEETING...................................................................................2 ROLL CALL ..........................................................................................................................2 INVOCATION.......................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................3
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................4 Item 200: Residential “No-Fault” Eviction Moratorium to Preserve Tenancies During the Declared State of Emergency from COVID-19 ........................................................................4 Item 250: Submission of Ballot Proposals for the November 8, 2022, Ballot ............................6 Item 251: Notice of Pending Final Map Approval - "Camino Del Sur Apartments ......................7 Item S400: Appointing Independent Budget Analyst and Affirming the Salary .........................8 REPORT OUT FROM CLOSED SESSION..................................................................................9 ADJOURNMENT ...................................................................................................................9 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, April 04, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:01 p.m. Councilmember LaCava and Councilmember Campillo left the meeting at 2:30 p.m. Council President Elo-Rivera recessed the meeting at 6:53 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the regular meeting at 6:58 p.m. with Councilmember LaCava, Councilmember Campbell, and Councilmember Campillo not present. Councilmember Cate left the meeting at 7:19 p.m. The meeting was adjourned by Council President Elo-Rivera at 7:27 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
*CD-1 Councilmember Joe LaCava
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
*NOTE: Councilmember LaCava and Councilmember Cate attended in person.
ABSENT:
CD-2 Councilmember Jennifer Campbell
CITY CLERK:
Maland (mrh)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-not 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
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, April 04, 2022
INVOCATION
The invocation was given by City Clerk Elizabeth Maland.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Daniel Smiechowski commented on roads, homelessness, and scooters.
COUNCIL ACTION: Start Time: 7:18 PM
PUBLIC COMMENT-2:
Francine Maxwell commented on community involvement in meet and confer.
COUNCIL ACTION: Start Time: 7:21 PM
PUBLIC COMMENT-3:
Kelly McCormick commented on secondhand smoke from marijuana bongs.
COUNCIL ACTION: Start Time: 7:23 PM
PUBLIC COMMENT-4:
Unknown caller commented on Councilmember Cate.
COUNCIL ACTION: Start Time: 7:25 PM
PUBLIC COMMENT-5:
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, April 04, 2022
Becky Rapp commented on “One Chance to Grow Up.”
COUNCIL ACTION: Start Time: 7:25 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
COUNCIL COMMENT-1:
Council President Elo-Rivera commented on not being in chambers for the City Council meeting due to having a positive Covid test.
COUNCIL ACTION: Start Time: 2:04 PM
Item 200: Residential “No-Fault” Eviction Moratorium to Preserve Tenancies During the Declared State of Emergency from COVID-19.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2022-97) NOTED AND FILED
Introduction and adoption of an Emergency Ordinance pursuant to San Diego Charter Section 295(e), to enact a temporary moratorium on no-fault evictions for residential tenants during the continued local State of Emergency related to the novel coronavirus, COVID-19. 6 votes required pursuant to Charter Section 295(e).
Subitem A is not subject to the Mayor's veto.
Subitem-B: (O-2022-98 REV.) INTRODUCED AS AMENDED BY INTERLINEATION, TO BE ADOPTED TUESDAY, APRIL 19, 2022
Introduction of an Ordinance to enact a temporary moratorium on no-fault evictions for residential tenants during the continued local State of Emergency related to the novel coronavirus, COVID-19.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, April 04, 2022
Council District 9: Brett Weise, (619) 510-6895
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 2:30 PM
MOTION BY SEAN ELO-RIVERA TO INTRODUCE THE ORDINANCE IN SUBITEM B AS AMENDED BY INTERLINEATION CHANGING SECTION 7 TO READ, “THAT THIS ORDINANCE SHALL TAKE
EFFECT AND BE IN FORCE ON THE THIRTIETH DAY FROM AND AFTER ITS FINAL PASSAGE, AND SHALL REMAIN IN EFFECT UNTIL SEPTEMBER 30, 2022, OR 60 DAYS AFTER THE END OF
THE LOCAL STATE OF EMERGENCY AS DECLARED BY THE MAYOR, WHICHEVER OCCURS FIRST.” Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Vivian Moreno, Sean Elo-Rivera;
Nay: Chris Cate;
Recused: Joe LaCava, Raul A. Campillo;
Not Present: Jennifer Campbell.
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Item 250: Submission of Ballot Proposals for the November 8, 2022, Ballot.
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected].
Therefore, the City Clerk’s Office has established the following calendar for the November 8, 2022, election.
DAY DATE DAYS
BEFORE
ELECTION
EVENT
Monday 04/04/22 218 LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, April 04, 2022
Wednesday
Wednesday
04/20/22
06/08/22
202
153
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Thursday -
Friday
06/09/22 -
08/12/22
152 -
88 Council discusses measures and adopts
ordinances prepared by City Attorney to place
measures on the ballot
Friday 08/12/22 88 Last day for City Clerk to file with Registrar of Voters election material (ordinances and
resolutions related to the calling of election
and measure(s), if any)
Tuesday 08/16/22 84 Last day to submit the Fiscal Impact Analysis; Ballot and Title Summary; and Impartial
Analysis with City Clerk
Friday 08/19/22 81 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information. If you have questions, please contact the Office of the City Clerk at [email protected] or (619) 533-4000.
Item 251: Notice of Pending Final Map Approval - "Camino Del Sur Apartments".
Notice is hereby given that the City Land Surveyor has reviewed and will approve on the date of this City Council meeting that certain Final Map entitled “Camino Del Sur Apartments " (Resolution No. R-299050 and V. T. M. 7938/PTS No. 3230) located South of State Route 56 and West of Camino Del Sur in the Peñasquitos Community Plan and Torrey Highlands Subarea Plan area, in the AR-1-1 and RS-1-14 zones which are proposed to be re-zoned to the RS-1-14, RM3-9, CR-2-1 and CC-1-3 zones. The project site is legally described as Lot 3 of Rhodes Crossing, in the City of San Diego, County of San Diego, State of California, according to Map thereof No. 15578, filed in the Office of the County Recorder of San Diego County, July 11, 2007.
Specifically, the City Land Surveyor has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, April 04, 2022
(2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Land Surveyor to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Land Surveyor was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Fred LePage (619) 446-5434.
Item S400: Appointing Independent Budget Analyst and Affirming the Independent Budget Analyst’s Salary.
Total Estimated Cost of Proposed Action and Funding Source:
The recommended salary for the pending Independent Budget Analyst appointee is Charles Modica. The salary of $220,000 and additional compensation, including monthly automobile allowance, flexible benefits, and retirement benefits, will be paid out of the budget for the Office of the Independent Budget Analyst.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-395 Cor. Copy) ADOPTED AS RESOLUTION R-313993
Resolution appointing Charles Modica to serve as the Independent Budget Analyst of the City of San Diego and setting initial annual salary in the position.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council President's Office: Lydia Van Note, (619) 236-6699 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 2:06 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Chris Cate.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, April 04, 2022
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: None;
Recused: None;
Not Present: Jennifer Campbell.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 7:27 p.m.
COUNCIL ACTION: Start Time: 7:27 PM