Minutes — San Diego City Council, April 19, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, APRIL 19, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................5 PLEDGE OF ALLEGIANCE......................................................................................................5 CLOSED SESSION................................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................8

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................10 SPECIAL ORDERS OF BUSINESS .........................................................................................10 Item 30: Earth Day 2022...................................................................................................10 Item 31: San Diego Native Plant Week 2022.......................................................................11 Item 32: Rotary Club of Southeast San Diego Day...............................................................11 Item 33: Arab American Heritage Month.............................................................................12 Item 50: Residential “No-Fault” Eviction Moratorium to Preserve Tenancies During the Declared State of Emergency from COVID-19 ....................................................................................13 Item 51: Approval of the Joint Use Agreements Between the City and SDUSD for Chavez Elementary, Kimbrough Elementary, King Chavez Arts and Athletics, and Sequoia Elementary Schools .............................................................................................................................13 Item 52: First Amendment to the Consulting Agreement with Christian Moeller Studio, LLC for the Pure Water North City Public Art Project (H166774)........................................................15 Minutes of Tuesday, April 19, 2022 Page 2
Table of Contents (Continued)
Item 53: Third Amendment to an Agreement Between the City of San Diego and San Diego Free Ride, LLC and Tag-A-Long San Diego, LLC for a Demand-Response Downtown Circulator Shuttle and Approving Related Funding ...............................................................................16 Item 54: Ordinance Adopting SDPD Military Equipment Use Procedure, Including Use, Funding, and Acquisition for 2022, Pursuant to Assembly Bill 481........................................................17 Item 100: Resolution Approving Amendment to Memorandum of Understanding Between the City and the San Diego Municipal Employees Association Regarding Special Assignment Pay and Special Salary Adjustment for Public Works Dispatchers and Public Works Dispatch Supervisors ........................................................................................................................................18 Item 101: FY 2022 Community Projects, Programs and Services Funding Allocations to A.) Groundwork San Diego-Chollas Creek for Neighbors Helping Neighbors and B.) Nile Sisters Development Initiative for The LearnMore Program..............................................................19 Item 102: FY 2022 Community Projects, Programs and Services Funding Allocations to A.) California Western School of Law for Community Law Project and B.) Union of Pan Asian Communities for Cultural Art Showcase ...............................................................................20 Item 103: Acceptance of Donations of Time and the Cost of Construction to Assets in Balboa Park for Fiscal Year 2021....................................................................................................21 Item 104: Settlement of Pre-Litigation Claim of Excelencia, LLC, Claim No. 23978 .................22 Item 330: Informational Update Regarding San Diego Community Power .............................23 Item 331: Performance Audit of the City’s Financial Condition as of Fiscal Year 2020 .............23 Item 332: Authorize the City to Accept Additional Federal Emergency Rental Assistance Funds Allocated by the U.S. Department of the Treasury and from the State of California's Rental Assistance (SRA) Program (Short-Term Cash Flow Loan Funds) and Transfer to the Housing Commission for Continued Support of Housing Stability Assistance Program (HSAP) ...............24 Item 333: Creation of an Energy Independence Fund..........................................................25 Item 334: East Village Quarter (Tailgate Park) Disposition and Development Agreement - Padres Development Team .................................................................................................26 Item S500: FY 2022 Community Projects, Programs and Services Funding Allocations to Mt.

Carmel High School Music Foundation for 44th Annual Tournament of Bands .........................27 REPORT OUT FROM CLOSED SESSION................................................................................28 ADJOURNMENT .................................................................................................................29 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Tuesday, April 19, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m.

Councilmember LaCava and Councilmember Campillo left the meeting at 10:30 a.m. Council President Elo-Rivera recessed the meeting at 10:47 a.m. to convene the Special Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 10:48 a.m. with all Councilmembers present. The meeting was recessed by Council President Elo-Rivera at 11:10 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 all Councilmembers present. Council President Elo-Rivera recessed the meeting at 3:42 p.m. to reconvene the Special Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 3:49 p.m. with all Councilmembers present. Councilmember Campbell, Councilmember Whitburn, and Councilmember Cate left the meeting at 5:31 p.m. The meeting was adjourned by Council President Elo-Rivera at 5:38 p.m.

ATTENDANCE DURING THE MEETING

PRESENT
CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe *CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Chris Cate
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT
None.

CITY CLERK
Maland (mrh)
*NOTE: Councilmember Marni von Wilpert participated in the meeting by teleconference.

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, April 19, 2022
(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 Campillo.

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

CS-1 Anna Avenue Associates, LLC v. SANDAG, et al.

San Diego Superior Court Case No. 37-2018-00000231-CU-EL-CTL Risk Management Department Claim File No. 18047
REFERRED TO CLOSED SESSION OF TUESDAY, APRIL 19, 2022
SCDCA Assigned: M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian Cauley & Evans LLP This case arises from alleged flooding damages to or near 5216 Anna Avenue, San Diego.

Plaintiffs assert claims against the City for inverse condemnation, trespass, and nuisance. 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: 10:41 AM
Council President Elo-Rivera closed the hearing.

CS-2 Margaret McCann v. City of San Diego
San Diego Superior Court Case No. 37-2020-00006266-CU-WM-CTL Risk Management Department Claim File No. 24370
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, April 19, 2022
REFERRED TO CLOSED SESSION OF TUESDAY, APRIL 19, 2022
DCA Assigned: C. Turner
This action challenges the City of San Diego’s decision to remove several California pepper trees from the public right-of-way in Kensington and its decision to deny them protected status under Council Policy 900-19. 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: 10:41 AM
Public testimony by Lori Saldaña.

Council President Elo-Rivera closed the hearing.

CS-3 Cecilia Conover v. City of San Diego
San Diego Superior Court Case No. 37-2021-00004934-CU-MC-CTL Risk Management Department Claim File No. 24370
REFERRED TO CLOSED SESSION OF TUESDAY, APRIL 19, 2022
DCA Assigned: C. Turner
This action challenges the City of San Diego’s decision to remove several California pepper trees from the public right-of-way in Kensington and its decision to deny them protected status under Council Policy 900-19. 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: 10:41 AM
Council President Elo-Rivera closed the hearing.

CS-4 Wendell Richardson v. City of San Diego
San Diego Superior Court Case No. 37-2020-00023393-CU-WT-CTL Risk Management Department Claim File No. 25433
REFERRED TO CLOSED SESSION OF TUESDAY, APRIL 19, 2022
DCA Assigned: L. Manfre
Plaintiff alleges failure to accommodate his disability, harassment, and other discrimination claims related to his termination from City of San Diego employment on September 17, 2019.

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, April 19, 2022
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: 10:41 AM
Council President Elo-Rivera closed the hearing.

Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation, pursuant to California Government Code Section 54956.9(d)(4):

CS-5 Number of Cases: One
REFERRED TO CLOSED SESSION OF TUESDAY, APRIL 19, 2022
ACA Assigned: J. Jordan
The City Attorney will discuss the potential to initiate litigation and seek direction.

COUNCIL ACTION: Start Time: 10:41 AM
Council President Elo-Rivera closed the hearing.

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

CS-6 San Diego Housing Commission, et. al. v. Jim Neil, et al.

San Diego Superior Court Case No. 37-2021-00033006-CU-BC-CTL REFERRED TO CLOSED SESSION OF TUESDAY, APRIL 19, 2022
SDGCA Assigned: M. Wharton
This case arises from the San Diego Housing Commission's purchase of two hotel properties.

The City Attorney’s Office will update the Mayor, City Council and Board of Directors for the Housing Authority for the City of San Diego on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:41 AM
Public testimony by Lori Saldaña.

Council President Elo-Rivera closed the hearing.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, April 19, 2022

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Daniel Smiechowski commented on a new sports arena NBA/NHL franchise.

COUNCIL ACTION: Start Time: 10:49 AM
PUBLIC COMMENT-2:

Toya R. Hasia-Welch commented on parking administration violation of rights.

COUNCIL ACTION: Start Time: 10:51 AM
PUBLIC COMMENT-3 (virtual):

Barbara Gordon commented on the use of marijuana.

COUNCIL ACTION: Start Time: 10:53 AM
PUBLIC COMMENT-4 (virtual):

Peggy Walker commented on Balboa Park and the Earth Fair.

COUNCIL ACTION: Start Time: 10:55 AM
PUBLIC COMMENT-5 (virtual):

Andrew Meyer commented on the community putting native plants as a priority.

COUNCIL ACTION: Start Time: 10:57 AM
PUBLIC COMMENT-6 (virtual):

Lori Saldaña commented on the remnants of biodiversity.

COUNCIL ACTION: Start Time: 10:59 AM
PUBLIC COMMENT-7 (virtual):

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, April 19, 2022
Carol Green commented on Earth Day and Balboa Park.

COUNCIL ACTION: Start Time: 11:01 AM
PUBLIC COMMENT-8 (virtual):

Rita Morgan commented on listening to your heart when voting.

COUNCIL ACTION: Start Time: 11:03 AM
PUBLIC COMMENT-9 (virtual):

John Leek commented on the endangerment of marine mammals.

COUNCIL ACTION: Start Time: 11:06 AM
PUBLIC COMMENT-10 (virtual):

Becky Rapp commented on daycare children exposed to THC.

COUNCIL ACTION: Start Time: 11:08 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.

SPECIAL ORDERS OF BUSINESS
None.

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

Item 30: Earth Day 2022.

MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER LACAVA, COUNCILMEMBER CAMPBELL, AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, April 19, 2022

APPROVED
Proclaiming April 22, 2022, to be: “Earth Day 2022” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:13 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

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

Item 31: San Diego Native Plant Week 2022.

MAYOR GLORIA, COUNCILMEMBER LACAVA, COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming April 17 - 23, 2022, to be “San Diego Native Plant Week 2022” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:13 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

Item 32: Rotary Club of Southeast San Diego Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, April 19, 2022
Proclaiming April 20, 2022, to be “Rotary Club of Southeast San Diego Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:13 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

Item 33: Arab American Heritage Month.

COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE, COUNCILMEMBER CATE, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming April 2022, to be “Arab American Heritage Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:13 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

Item 50: 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:

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, April 19, 2022
Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 4/4/2022, Item 200, Subitem B. (Council voted 5-1, Councilmember Cate- nay, Councilmember Campbell- not present, Councilmember LaCava and Councilmember Campillo- Recused):
(O-2022-98 Rev) ADOPTED AS ORDINANCE O-21447 (New Series) 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
Council District 9: Brett Weise, (619) 510-6895
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:29 AM

MOTION BY SEAN ELO-RIVERA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Monica Montgomery Steppe.

Passed by the following vote:

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

Item 51: Approval of the Joint Use Agreements Between the City and SDUSD for Chavez Elementary, Kimbrough Elementary, King Chavez Arts and Athletics, and Sequoia Elementary Schools.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City Capital Improvement Projects authorized with the approval of this action.

Council District(s) Affected: 6, 8.

Proposed Actions:

Adopt the following ordinance which was introduced on 4/5/2022, Item 50 (Council voted 8-0, Councilmember Campbell- not present):
(O-2022-92) ADOPTED AS ORDINANCE O-21448 (New Series)
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, April 19, 2022
Ordinance authorizing the Mayor, or his designee, to enter into four 25-year Joint Use Agreements with San Diego Unified School District for the construction, operation, maintenance, and use of joint use facilities at Chavez Elementary School, Kimbrough Elementary School, KingChavez Arts and Athletics School, and Sequoia Elementary School, and related actions. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Parks & Recreation: Shannon Scoggins, (619) 236-6894
City Attorney Contact: Marco A. Verdugo
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 52: First Amendment to the Consulting Agreement with Christian Moeller Studio, LLC for the Pure Water North City Public Art Project (H166774).

Total Estimated Cost of Proposed Action and Funding Source:

Amendment is no cost; funding source for the project is Water Utility Capital Improvement Projects.

Council District(s) Affected: 1.

Proposed Actions:

Adopt the following ordinance which was introduced on 4/5/2022, Item 51 (Council voted 8-0, Councilmember Campbell- not present):
(O-2022-89) ADOPTED AS ORDINANCE O-21449 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Agreement with Christian Moeller Studio, LLC, extending the Agreement through December 1, Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, April 19, 2022
2025, and amend any applicable Exhibits accordingly, in connection with the Pure Water North City Public Art Project.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Commission for Arts and Culture: Christine Jones, (619) 236-6661 City Attorney Contact: Jon D. Dwyer
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 53: Third Amendment to an Agreement Between the City of San Diego and San Diego Free Ride, LLC and Tag-A-Long San Diego, LLC for a Demand-Response Downtown Circulator Shuttle and Approving Related Funding.

Total Estimated Cost of Proposed Action and Funding Source:

For Fiscal Year 2022, FRED is estimated to cost an amount not-to-exceed $200,000, which will be funded through Community Parking District revenues. For Fiscal Year 2023, FRED is estimated to cost an amount not-to-exceed $1 million through the proposed extension term through April 2023. The Downtown Community Parking District Fund will fund the proposed action.

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following ordinance which was introduced on 4/5/2022, Item 52 (Council voted 8-0, Councilmember Campbell- not present):
(O-2022-91) ADOPTED AS ORDINANCE O-21450 (New Series)
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, April 19, 2022
Ordinance of the Council of the City of San Diego approving a third amendment to an agreement between the City of San Diego and San Diego Free Ride, LLC and Tag-a-long San Diego, LLC for a demand-response downtown circulator shuttle and approving related funding. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Sustainability and Mobility: Benjamin Verdugo, (619) 533-4741 City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 54: Ordinance Adopting SDPD Military Equipment Use Procedure, Including Use, Funding, and Acquisition for 2022, Pursuant to Assembly Bill 481.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures being authorized with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following ordinance which was introduced on 4/5/2022, Item 330 (Council voted 8-0, Councilmember Campbell- not present):
(O-2022-90) ADOPTED AS ORDINANCE O-21451 (New Series)
Ordinance adopting the Police Department’s Military Equipment Use Procedure and approving use, pursuit of funding for, and acquisition of the military equipment described in the Procedure, pursuant to Assembly Bill 481.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, April 19, 2022
Police: Assistant Chief Sandra Albrektsen, (619) 531-2252 City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 100: Resolution Approving Amendment to Memorandum of Understanding Between the City and the San Diego Municipal Employees Association Regarding Special Assignment Pay and Special Salary Adjustment for Public Works Dispatchers and Public Works Dispatch Supervisors.

Total Estimated Cost of Proposed Action and Funding Source:

The total estimated increased cost to implement the recommended special assignment pay for Public Works Dispatchers and Public Works Dispatch Supervisors effective January 1, 2022 is approximately $79,912 (General Fund - $75,508, Non-General Fund - $4,404) and special salary adjustment effective January 1, 2023 is approximately $43,954 (General Fund - $41,532, NonGeneral Fund - $2,422).

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-422) ADOPTED AS RESOLUTION R-314067
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 21 of the Memorandum of Understanding related to Special Assignment Pay and Special Salary Adjustment for Public Works Dispatchers and Public Works Dispatch Supervisors.
6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, April 19, 2022
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 101: FY 2022 Community Projects, Programs and Services Funding Allocations to A.) Groundwork San Diego-Chollas Creek for Neighbors Helping Neighbors and B.) Nile Sisters Development Initiative for The LearnMore Program.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee to enter into Agreements for an amount not-to-exceed $16,500, with A.) Groundwork San Diego-Chollas Creek for Neighbors Helping Neighbors ($6,500) and B.) Nile Sisters Development Initiative for The LearnMore Program ($10,000).

Council District(s) Affected: 9.

Proposed Actions:
(R-2022-448 Cor. Copy) ADOPTED AS RESOLUTION R-314068
Resolution authorizing the Mayor, or his designee, to enter into Agreements with (1) Groundwork San Diego - Chollas Creek, in an amount not-to-exceed $6,500, and (2) Nile Sisters Development Initiative, in an amount not-to-exceed $10,000, 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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, April 19, 2022
Passed by the following vote:

Item 102: FY 2022 Community Projects, Programs and Services Funding Allocations to A.) California Western School of Law for Community Law Project and B.) Union of Pan Asian Communities for Cultural Art Showcase.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee to enter into Agreements for an amount not-to-exceed $15,000, with A.) California Western School of Law for Community Law Project and B.) Union of Pan Asian Communities for Cultural Art Showcase ($5,000).

Council District(s) Affected: 9.

Proposed Actions:

Subitem-A: (R-2022-432) ADOPTED AS RESOLUTION R-314069
Resolution determining that approval of the Community Projects, Programs, and Services FY 2022 City Council Allocation Agreements between the City and (1) California Western School of Law and (2) Union of Pan Asian Communities, are exempt from the California Environment Quality Act Pursuant to Sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (R-2022-431) ADOPTED AS RESOLUTION R-314070
Resolution authorizing the Mayor, or his designee, to enter into Agreements with (1) California Western School of Law, in an amount not-to-exceed $10,000, and (2) Union of Pan Asian Communities, in an amount not-to-exceed $5,000, 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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, April 19, 2022
Passed by the following vote:

Item 103: Acceptance of Donations of Time and the Cost of Construction to Assets in Balboa Park for Fiscal Year 2021.

Total Estimated Cost of Proposed Action and Funding Source:

This item pertains to the donations of time and the cost of construction to assets in Balboa Park as follows:

Moreton Fig Tree Platform - $578,763
Volunteer Monetary value - $440,089
Restoration to exterior of the Automotive Museum- $622,043 Council District(s) Affected: 3.

Proposed Actions:
(R-2022-308) ADOPTED AS RESOLUTION R-314071
Resolution accepting a donation of $616,452 from the California nonprofit Corporation Friends of Balboa Park for the purpose of the design and construction of an elevated tree-viewing platform and all new fencing for the historic Moreton Bay Fig Tree; accepting $578,763 from the California nonprofit corporation Balboa Park Committee of 100 for the restoration of the original mural from the 1915 Panama Exposition on the facade of the Automotive Museum; and accepting $440,089 from the California nonprofit corporation Balboa Park Conservancy for volunteer support of the estimated cost of volunteer hours for Park Visitor Center staffing, park ambassadors to provide information and wayfinding to visitors, tree stewards, garden stewards, administrative volunteers including Board time for those who calculate their hours, event volunteers, and Department support volunteers who work with Grounds Maintenance Workers.

Committee Actions Taken: N/A
Parks & Recreation: Christina Chadwick, (619) 235-1154
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:05 AM
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, April 19, 2022
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 104: Settlement of Pre-Litigation Claim of Excelencia, LLC, Claim No. 23978.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $55,889.63 will be paid from the Water Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-357) ADOPTED AS RESOLUTION R-314072
Resolution authorizing the settlement of a pre-litigation claim filed by Excelencia, LLC for loss of business income and expenses stemming from a break in the City’s water main on December 14, 2019. Claim No. 23978.

Committee Actions Taken: N/A
Office of the City Attorney: Blair B. McGregor, (619) 533-5570 COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 330: Informational Update Regarding San Diego Community Power.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, April 19, 2022
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Council District 1: Brian Elliott, (619) 510-6874
COUNCIL ACTION: Start Time: 2:04 PM
Item 331: Performance Audit of the City’s Financial Condition as of Fiscal Year 2020.

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

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken:

This item was heard at the Audit Committee meeting on January 26, 2022.

ACTION: Motion by Vice Chair Moreno, second by Committee Member Halpern, to recommend Council approval of staff's proposed actions.

VOTE: 5-0; Whitburn-yea, Moreno-yea, Halpern-yea, Maffia-yea, Tabshouri-yea.

Office of the City Auditor: Chris Kime, (619) 533-3030
COUNCIL ACTION: Start Time: 5:30 PM
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, April 19, 2022
Item 332: Authorize the City to Accept Additional Federal Emergency Rental Assistance Funds Allocated by the U.S. Department of the Treasury and from the State of California's Rental Assistance (SRA) Program (Short-Term Cash Flow Loan Funds) and Transfer to the Housing Commission for Continued Support of Housing Stability Assistance Program (HSAP).

Total Estimated Cost of Proposed Action and Funding Source:

This has no 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 or the State of California' Rental Assistance (SRA) Program Short-Term Cash Flow Loan funds. This action will authorize the City of San Diego to accept, appropriate, expend, and transfer $103,425,067.15 to the Housing Commission for HSAP.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-424) ADOPTED AS RESOLUTION R-314075
Resolution accepting and expending federal emergency rental assistance program funds and authorizing State of California rental assistance program cashflow loan funds for the City of San Diego COVID-19 Housing Stability Assistance Program (HSAP).

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
See the Special Housing Authority Agenda of April 19, 2022, for a companion item.

COUNCIL ACTION: Start Time: 3:24 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.

Passed by the following vote:

Item 333: Creation of an Energy Independence Fund.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, April 19, 2022
Total Estimated Cost of Proposed Action and Funding Source:

Please see staff report.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-346) ADOPTED AS RESOLUTION R-314076
Resolution establishing an Energy Independence Fund.

Committee Actions Taken:

This item was heard at the Rules Committee meeting on March 16, 2022.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Campillo, to approve staff's proposed actions.

VOTE: 4-1; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Campillo-yea, Cate-nay.

Council District 9: Brendan Dentino, (619) 221-3517
City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 2:34 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Vivian Moreno.

Passed by the following vote:

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

Item 334: East Village Quarter (Tailgate Park) Disposition and Development Agreement - Padres Development Team.

Total Estimated Cost of Proposed Action and Funding Source:

Proposed DDA requires Developer to pay the purchase price of $35,100,000 to the Successor Agency Property Management Fund and distributed to Affected Taxing Entities. City's share of the net proceeds is approximately 17% or $5,967,000.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, April 19, 2022
Council District(s) Affected: 3.

Proposed Actions:
(R-2022-392 COR. COPY) ADOPTED AS AMENDED AS RESOLUTION R-314077 Resolution of the Council of the City of San Diego approving a disposition and development agreement for the Tailgate Park site in the downtown San Diego community planning area, making certain related findings and determinations, and approving related actions.

Committee Actions Taken:

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

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

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

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 3:49 PM
Testimony by Rebecca Rybczyk, Summer Bales, Christopher Allen, Joy Sunyata, Jesse Garcia, Carole Kim, Catherine Rodman, Victor Diaz, Javier Santizo, John Brady, and Lori Saldaña.

MOTION BY STEPHEN WHITBURN TO ADOPT THE RESOLUTION AS AMENDED TO INCLUDE:
“THE CITY COUNCIL REQUESTS THE CHIEF FINANCIAL OFFICER, AS DELEGATED, TRANSFER AND APPROPRIATE THE CITY’S NET PROCEEDS OF THE $35.1 MILLION INTO THE BRIDGE TO

HOUSING FUND FOR FUTURE AFFORDABLE HOUSING EXPENDITURES CONSISTENT WITH APPLICABLE LAW.” Second by Raul A. Campillo.

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 S500: FY 2022 Community Projects, Programs and Services Funding Allocations to Mt.

Carmel High School Music Foundation for 44th Annual Tournament of Bands.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, April 19, 2022
Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor and his designee to enter into Agreements for an amount not-to-exceed $5,000, with Mt. Carmel High School Music Foundation for 44th Annual Tournament of Bands.

Council District(s) Affected: 5.

Proposed Actions:

Subitem-A: (R-2022-428) ADOPTED AS RESOLUTION R-314073
Resolution determining that approval of the Community Projects, Programs, and Services FY 2022 City Council Allocations Agreement between the City and the Mt. Carmel High School Music Foundation is exempt from the California Environmental Quality Act pursuant to Sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (R-2022-427) ADOPTED AS RESOLUTION R-314074
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with the Mt.

Carmel High School Music Foundation, 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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, April 19, 2022

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:38 p.m.

COUNCIL ACTION: Start Time: 5:38 PM

San Diego City CouncilApril 19, 2022

San Diego City Council
April 19, 2022