THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, SEPTEMBER 12, 2022
AT 2:00 PM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................3 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................4
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 Item 200: Confirming the Appointment of Eric Dargan as City Manager (Chief Operating Officer) for the City of San Diego ..........................................................................................7 Item 201: Amendment of Temporary Rule 6.11.3 of the Rules of Council Extending the Committee on COVID-19 Response and Recovery Through Calendar Year 2022 .......................8 Item 202: Approval of Agreement to Retain Jarvis Fay LLP to Provide Legal Services Relating to the Collection of Transient Occupancy Tax and Tourism Marketing District Assessments ............. ..........................................................................................................................................8 Item 203: Authorize the City to Accept Additional Federal Emergency Rental Assistance (ERA1) Funds Allocated by the U.S. Department of the Treasury and Expend These Funds to Repay the State of California’s Rental Assistance (SRA) Program Emergency Rental Assistance Short-Term Cash Flow Loan Awarded to the City for the Housing Stability Assistance Program (HSAP) Managed by the Housing Commission ...................................................................................9 Item 204: Authorize Retention of The Law Offices of Dorn G. Bishop, APC, to Provide Legal Services Related to the Former Naval Training Center Boat Channel ......................................10 Minutes of Monday, September 12, 2022 Page
2 Table of Contents (Continued)
Item 250: Approval of the Final Map “Valley Ridge Estates Unit 1”........................................11 Item S400: Consideration of Nominee for Appointment to the San Diego Unified Port District Board of Commissioners .....................................................................................................12 Item S401: Settlement of San Diego Housing Commission, et al., v. Jim Neil, et al., San Diego Superior Court Case No. 37-2021-0003306-CU-BC-CTL .........................................................13 REPORT OUT FROM CLOSED SESSION................................................................................14 ADJOURNMENT .................................................................................................................14 Minutes of the Council of the City of San Diego Page
3 for the Regular Meeting of Monday, September 12, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:00 p.m. Council President Elo-Rivera recessed the regular meeting at 3:21 p.m. to convene the Special Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 3:24 p.m. with Councilmember Moreno not present. Council President Elo-Rivera recessed the regular meeting at 3:53 p.m. to reconvene the Special Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 3:55 p.m. with Councilmember Moreno not present. The meeting was adjourned by Council President Elo-Rivera at 4:47 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-9 Council President Sean Elo-Rivera
ABSENT:
CD-8 Councilmember Vivian Moreno
CITY CLERK:
Maland (cp)
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-not present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, September 12, 2022
INVOCATION
The invocation was given by City Clerk Elizabeth Maland.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember LaCava.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Lori Saldaña commented on homelessness.
COUNCIL ACTION: Start Time: 4:22 PM
PUBLIC COMMENT-2 (virtual):
Enrique De La Cruz commented on needing more lighting in our parks and streets.
COUNCIL ACTION: Start Time: 4:24 PM
PUBLIC COMMENT-3 (virtual):
Peggy Walker commented on marijuana legalization.
COUNCIL ACTION: Start Time: 4:25 PM
PUBLIC COMMENT-4 (virtual):
Barbara Gordon commented on cannabis effects.
COUNCIL ACTION: Start Time: 4:27 PM
PUBLIC COMMENT-5 (virtual):
Joy Sunyata commented on pure water project.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, September 12, 2022
COUNCIL ACTION: Start Time: 4:30 PM
PUBLIC COMMENT-6 (virtual):
Francine Maxwell commented on getting a rolling report of crime statistics to be posted online.
COUNCIL ACTION: Start Time: 4:32 PM
PUBLIC COMMENT-7 (virtual):
Kathleen Lippitt commented on failing to listen to minorities voices not wanting marijuana businesses.
COUNCIL ACTION: Start Time: 4:34 PM
PUBLIC COMMENT-8 (virtual):
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 4:37 PM
PUBLIC COMMENT-9 (virtual):
Rodrigo Ruiz (translation provided by the Office of the City Clerk) commented on needing more lighting at Southcrest Trails Park due to illegal activities.
COUNCIL ACTION: Start Time: 4:39 PM
PUBLIC COMMENT-10 (virtual):
Judi Strang commented on the effects on children being exposed to marijuana.
COUNCIL ACTION: Start Time: 4:43 PM
PUBLIC COMMENT-11 (virtual):
Becky Rapp commented on the normalization and commercialization on marijuana in our City.
COUNCIL ACTION: Start Time: 4:45 PM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, September 12, 2022
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
CITY CLERK COMMENT:
City Clerk Maland informed the public that October is Annual Archives Month with a kick-off on Tuesday, October 4th at 10:00 am in the lobby of the City Administration Building. She encouraged people to come and enjoy the month-long calendar of events including a lecture series at the Central Library, the Roaring San Diego 1920’s exhibit set up in the lobby of CAB and tours of the Archives every Friday.
COUNCIL ACTION: Start Time: 2:03 PM
INDEPENDENT BUDGET ANALYST COMMENT:
Independent Budget Analyst Modico thanked Budget and Government Efficiency Chair Cate for sending out a memo for Council priorities on September 2nd. He reminded Council that their budget priorities for Fiscal Year 2024 are due to his office by September 30th.
Independent Budget Analyst Modico also informed the Council that they will have the opportunity to update their priorities on January 13th.
COUNCIL ACTION: Start Time: 2:04 PM
Item 200: Confirming the Appointment of Eric Dargan as City Manager (Chief Operating Officer) for the City of San Diego.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-105) ADOPTED AS RESOLUTION R-314305
Resolution confirming the appointment of Eric Dargan to serve as City Manager (Chief Operating Officer).
Committee Actions Taken: N/A
Office of the Mayor: Matt Yagyagan, (619) 236-6330
City Attorney Contact: Thomas J. Brady
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, September 12, 2022
COUNCIL ACTION: Start Time: 2:08 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. 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: (None);
Recused: (None);
Not Present: Vivian Moreno.
Item 201: Amendment of Temporary Rule 6.11.3 of the Rules of Council Extending the Committee on COVID-19 Response and Recovery Through Calendar Year 2022.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-79 Cor. Copy) ADOPTED AS RESOLUTION R-314306
Resolution amending Temporary Rule 6.11.3 of the Rules of Council extending the Committee on COVID-19 Response and Recovery.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 5: Bridget Naso, (619) 236-6655
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 4:07 PM
MOTION BY JENNIFER CAMPBELL 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, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, September 12, 2022
Item 202: Approval of Agreement to Retain Jarvis Fay LLP to Provide Legal Services Relating to the Collection of Transient Occupancy Tax and Tourism Marketing District Assessments.
Total Estimated Cost of Proposed Action and Funding Source:
The as-needed Legal Services Agreement with Jarvis Fay LLP is for an amount not-to-exceed $250,000. Funding will come from the General Fund, Citywide Program Expenditures (Fund No. 100000-9912).
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-83) ADOPTED AS RESOLUTION R-314307
Resolution authorizing the Mayor, or his designee, to execute a legal services agreement with Jarvis Fay LLP in an amount not-to-exceed $250,000, for a term of up to five years for asneeded assistance with various matters pertaining to the City’s collection of Transient Occupancy Tax and Tourism Marketing District Assessments.
Committee Actions Taken: N/A
Office of the City Attorney: Bret A. Bartolotta, (619) 533-5894 COUNCIL ACTION: Start Time: 4:00 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.
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: (None);
Recused: (None);
Not Present: Vivian Moreno.
Item 203: Authorize the City to Accept Additional Federal Emergency Rental Assistance (ERA1) Funds Allocated by the U.S. Department of the Treasury and Expend These Funds to Repay the State of California’s Rental Assistance (SRA) Program Emergency Rental Assistance Short-Term Cash Flow Loan Awarded to the City for the Housing Stability Assistance Program (HSAP) Managed by the Housing Commission.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, September 12, 2022
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 (ERA1) 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 to accept, appropriate, expend, and transfer $5,019,573.68 to the Housing Commission for repaying a portion of the loan to the State.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-102) ADOPTED AS RESOLUTION R-314308
Resolution accepting and expending federal emergency rental assistance program funds to repay 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: Angela Nazareno-Clark, (619) 533-6510 City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 3:24 PM
MOTION BY JOE LACAVA 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, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.
Item 204: Authorize Retention of The Law Offices of Dorn G. Bishop, APC, to Provide Legal Services Related to the Former Naval Training Center Boat Channel.
Total Estimated Cost of Proposed Action and Funding Source:
$150,000 from Stormwater Department Operating Budget.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, September 12, 2022
Proposed Actions:
(R-2023-11) ADOPTED AS RESOLUTION R-314309
Resolution authorizing retention of The Law Offices of Dorn G. Bishop, APC, as outside counsel, to provide specialized legal services related to insurance defense and indemnity coverage for environmental liability claims in connection with the former Naval Training Center (NTC) Boat Channel.
Committee Actions Taken: N/A
Office of the City Attorney: Nicole M. Denow, (619) 533-6173 City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 3:55 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Monica Montgomery Steppe.
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: (None);
Recused: (None);
Not Present: Vivian Moreno.
NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.
Item 250: Approval of the Final Map “Valley Ridge Estates Unit 1”.
Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Valley Ridge Estates Unit 1" (V.T.M. No. 537335, PTS No. 97083) located on the north and south of Del Mar Mesa Road, west of Little McGonigle Ranch Road, in the AR-1-1 Zone of the Del Mar Mesa Specific Plan, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer 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. (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.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, September 12, 2022
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 Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 p.m., 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer 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 Frederick R.
LePage (619) 446-5434.
Item S400: Consideration of Nominee for Appointment to the San Diego Unified Port District Board of Commissioners.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-119) ADOPTED AS RESOLUTION R-314310
Resolution making a City Council appointment to the San Diego Unified Port District Board of Commissioners for a term beginning January 3, 2023, and ending January 2, 2027.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 2: Haley Lesser, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:36 PM
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION CONFIRMING THE REAPPOINTMENT OF MICHAEL ZUCCHET. 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, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, September 12, 2022
Item S401: Settlement of San Diego Housing Commission, et al., v. Jim Neil, et al., San Diego Superior Court Case No. 37-2021-0003306-CU-BC-CTL.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $155,000 due and owing to the City of San Diego will be paid to General Fund Major Revenues.
Council District(s) Affected: 3, 6, 7.
Proposed Actions:
(R-2023-86) ADOPTED AS RESOLUTION R-314311
Resolution authorizing the settlement of San Diego Housing Commission, et al., v. Jim Neil, et al., San Diego Superior Court Case No. 37-2021-0003306-CU-BC-CTL, alleging claims by the San Diego Housing Commission (Housing Commission), the Housing Authority of the City of San Diego and the City of San Diego against Jim Neil (Neil), Kidder Mathews of California, Inc. (Kidder California), Kidder Mathews, Inc., RT San Diego, LLC and Chatham RIMV, LLC (Chatham RIMV) relating to the Housing Commission’s purchase of two hotel properties purchased with public funds: (a) the Residence Inn at 5400 Kearny Mesa Road, San Diego, CA 92111 (Kearny Mesa Property) for $39,500,000; and (b) the Residence Inn at 1865 Hotel Circle South, San Diego, CA 92108 (Hotel Circle Property) for $67,000,000.
Committee Actions Taken: N/A
Office of the City Attorney: Meghan Ashley Wharton, (619) 235-5232 COUNCIL ACTION: Start Time: 2:48 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.
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: (None);
Recused: (None);
Not Present: Vivian Moreno.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, September 12, 2022
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:47 p.m.
COUNCIL ACTION: Start Time: 4:47 PM