THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE SPECIAL COUNCIL MEETING
OF
MONDAY, NOVEMBER 14, 2022
AT 12:00 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 600: 2021 Employee Sentiment Workforce Report for the City of San Diego....................6 Item 601: Homeless Housing, Assistance, and Prevention Grant Round 4 Application ..............6 Item 602: Performance Audit of Workplace Safety and Workers’ Compensation.......................7 Item 603: Execute Amendment No. 2 to Original Construction Cooperative Agreement, #11- 0717, with the California Department of Transportation, for the Purpose of Completing the Construction of the West Mission Bay Drive Bridge Project......................................................8 Item 604: Amendments to Rules of Council ..........................................................................9 Item 605: Modification to the Effective Date of the City's Sidewalk Vending Regulations Under Chapter 3, Article 6, Division 1 of the Municipal Code in the Coastal Overlay Zone and Amendments to Chapter 14, Article 1, Division 6 of the Municipal Code Relating to Pushcarts and Sidewalk Vendors ........................................................................................................10 Item 650: Approval of the Final Map “Roseview” .................................................................11 Item 651: Approval of the Final Map “3Roots - Phase 2”.....................................................12 Minutes of Monday, November 14, 2022 Page 2
Table of Contents (Continued)
Item 652: Approval of the Final Map “Quarry Falls, (Civita) Unit F1” .....................................13 REPORT OUT FROM CLOSED SESSION................................................................................13 ADJOURNMENT .................................................................................................................14 Minutes of the Council of the City of San Diego Page 3
for the Special Meeting of Monday, November 14, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 12:00 p.m. Councilmember von Wilpert arrived to the meeting at 12:03 p.m. The meeting was adjourned by Council President Elo-Rivera at 4:16 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
ASSISTANT CITY CLERK:
Fuentes (mrh)
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-not present
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present
INVOCATION
The invocation was given by Assistant City Clerk Diana Fuentes.
Minutes of the Council of the City of San Diego Page 4
for the Special Meeting of Monday, November 14, 2022
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Cate.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Janis Wilds commented on homeless deaths.
COUNCIL ACTION: Start Time: 3:51 PM
PUBLIC COMMENT-2:
Lori Saldaña commented on the Ethics Commission.
COUNCIL ACTION: Start Time: 3:54 PM
PUBLIC COMMENT-3:
Leah Watters commented on uninhabitable affordable housing, health, and safety concerns in apartment.
COUNCIL ACTION: Start Time: 3:56 PM
PUBLIC COMMENT-4 (virtual):
Blair Beekman commented on accountability.
COUNCIL ACTION: Start Time: 3:59 PM
PUBLIC COMMENT-5 (virtual):
Terri-Ann Skelly commented on high potency THC products.
COUNCIL ACTION: Start Time: 4:01 PM
PUBLIC COMMENT-6 (virtual):
Minutes of the Council of the City of San Diego Page 5
for the Special Meeting of Monday, November 14, 2022
Barbara Gordon commented on cigarette and e-cigarette waste.
COUNCIL ACTION: Start Time: 4:03 PM
PUBLIC COMMENT-7 (virtual):
Joy Sunyata commented on the SDHC.
COUNCIL ACTION: Start Time: 4:05 PM
PUBLIC COMMENT-8 (virtual):
Peggy Walker commented on flavored tobacco ban.
COUNCIL ACTION: Start Time: 4:07 PM
PUBLIC COMMENT-9 (virtual):
Judi Strang commented on homelessness solutions and youth mental health.
COUNCIL ACTION: Start Time: 4:09 PM
PUBLIC COMMENT-10 (virtual):
Becky Rapp commented on marijuana storefronts.
COUNCIL ACTION: Start Time: 4:11 PM
PUBLIC COMMENT-11 (virtual):
Kelly McCormick commented on high potency marijuana and mental health.
COUNCIL ACTION: Start Time: 4:14 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Minutes of the Council of the City of San Diego Page 6
for the Special Meeting of Monday, November 14, 2022
Item 600: 2021 Employee Sentiment Workforce Report for the City of San Diego.
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
Human Resources: Jon Terwilliger, (619) 235-5715
COUNCIL ACTION: Start Time: 1:08 PM
Item 601: Homeless Housing, Assistance, and Prevention Grant Round 4 Application.
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
Homelessness Strategies: Hafsa Kaka, (858) 292-6441
COUNCIL ACTION: Start Time: 2:04 PM
Item 602: Performance Audit of Workplace Safety and Workers’ Compensation.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 7
for the Special Meeting of Monday, November 14, 2022
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken:
This item was heard at the Audit Committee meeting on May 12, 2022.
ACTION: Motion by Vice Chair Moreno, second by Committee Member Halpern, to accept the report and forward it to City Council as an informational item.
VOTE: 4-0; Whitburn-yea, Moreno-yea, Halpern-yea, Tabshouri-yea, Maffia-not present.
Office of the City Auditor: Luis Briseño, (619) 533-3054 COUNCIL ACTION: Start Time: 12:04 PM
Item 603: Execute Amendment No. 2 to Original Construction Cooperative Agreement, #11- 0717, with the California Department of Transportation, for the Purpose of Completing the Construction of the West Mission Bay Drive Bridge Project.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: 2.
Proposed Actions:
(O-2023-79) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to Cooperative Agreement #11-0717 with the California Department of Transportation (Caltrans), extending the Contract through June 30, 2024 at no cost, in connection with the West Mission Bay Drive Bridge project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 Minutes of the Council of the City of San Diego Page 8
for the Special Meeting of Monday, November 14, 2022
City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 3:19 PM
MOTION BY MARNI VON WILPERT TO INTRODUCE. 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 604: Amendments to Rules of Council.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-83) INTRODUCED AS AMENDED BY INTERLINEATION, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022
Introduction of an Ordinance amending Chapter 2, Article 2, Division 1 of the San Diego Municipal Code by amending Section 22.0101 relating to the Rules of Council.
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on November 4, 2022.
ACTION: Motion by Chair Elo-Rivera, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Cate-yea, Campillo-not present.
Council District 9: Haley Lesser, (619) 236-6699
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 12:20 PM
Minutes of the Council of the City of San Diego Page 9
for the Special Meeting of Monday, November 14, 2022
MOTION BY SEAN ELO-RIVERA TO INTRODUCE THE ORDINANCE AS AMENDED BY INTERLINEATION TO: 1) CHANGE RULE 6.4.3 TO READ “ON THOSE MATTERS WHERE A FULL
COMMITTEE VOTE IS DEEMED NECESSARY BY THE COMMITTEE OR COUNCIL, OR LEGALLY
REQUIRED, ALL REPORTS AND COMMENTS SHALL BE HEARD AS EXPEDITIOUSLY AS POSSIBLE WITH A QUORUM PRESENT. THE ACTUAL VOTE WILL BE TAKEN BY THE FULL COMMITTEE
AFTER ABSENT MEMBERS HAVE HAD SUFFICIENT TIME FOR REVIEW OF APPLICABLE MATERIAL AND RECORDINGS”; 2) REVERT RULE 6.9.1 TO PREVIOUS VERSION; 3) CHANGE RULE 6.10.1 (B) BY ADDING THE WORDS “OR SUCCESSOR AGENCY” AFTER “CIVIC SAN DIEGO”; AND 4) CHANGE RULE 6.10.4 (B) BY REPLACING THE WORDS “CITIZENS REVIEW BOARD” TO “COMMISSION”. 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: (None);
Recused: (None);
Not Present: Vivian Moreno.
Item 605: Modification to the Effective Date of the City's Sidewalk Vending Regulations Under Chapter 3, Article 6, Division 1 of the Municipal Code in the Coastal Overlay Zone and Amendments to Chapter 14, Article 1, Division 6 of the Municipal Code Relating to Pushcarts and Sidewalk Vendors.
Total Estimated Cost of Proposed Action and Funding Source:
No fiscal impact related to removal of language requiring Coastal Commission approval.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-245) ADOPTED AS RESOLUTION R-314434
Resolution determining that an Ordinance to modify the effective date of the City's Sidewalk Vending Regulations under Chapter 3, Article 6, Division 1 of the Municipal Code in the Coastal Overlay Zone is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and that an exception to the exemption as set forth in CEQA Guidelines Section 15300.2 does not apply.
Subitem-B: (O-2023-37) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance modifying the effective date of provisions of the Sidewalk Vending Regulations under Chapter 3, Article 6, Division 1, of the Municipal Code in the Coastal Overlay Zone.
Minutes of the Council of the City of San Diego Page 10 for the Special Meeting of Monday, November 14, 2022
Subitem-C: (O-2023-38) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance amending Chapter 14, Article 1, Division 6, of the Municipal Code by amending Section 141.0619 relating to pushcarts and sidewalk vendors.
Committee Actions Taken: N/A
Council District 2: Venus Molina, (619) 236-6622
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 3:24 PM
Public testimony by Marcella Teran, Catherine Douglass, Larry Webb, Chris Cott, Andy Chotiner, Nicki Zimmerman, Kathleen Lippitt, Diane Kane, unknown caller, Chris Duggan, Denny Knox, Janie Emerson, and Blair Beekman.
MOTION BY JENNIFER CAMPBELL TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCES IN SUBITEM B AND SUBITEM C. 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: (None);
Recused: (None);
Not Present: Vivian Moreno.
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Item 650: Approval of the Final Map “Roseview”.
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 “Roseview" (T.M. No. 675359, PTS No. 191215) located on Locust Street between Tennyson Street and Sterne Street, in the RS-1-7 zone, within the Peninsula Community Plan Area, Council District 2, 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 Special Meeting of Monday, November 14, 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 PM, 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 651: Approval of the Final Map “3Roots - Phase 2”.
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 “3Roots – Phase 2" (T.M. No. 2308047, PTS No. 684721) located at 10211 Camino Santa Fe, in the RX-1-2, RM-2-5, RM-3-9, CC-2-4, OP-1- 4, OR-1-1, OC-1-1 zones, within the Mira Mesa Community Plan Area, 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.
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 PM, 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 652: Approval of the Final Map “Quarry Falls, (Civita) Unit F1”.
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 “Quarry Falls, (Civita) Unit F1" (V.T.M. No. 183196, PRJ No. 1048211) located in the 2550 block of Via Alta, in the OP-2-1, RM-4-10 zones, within the Mission Valley Community Plan Area, a copy of which is available for public viewing Minutes of the Council of the City of San Diego Page 12 for the Special Meeting of Monday, November 14, 2022
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.
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 PM, 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.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 13 for the Special Meeting of Monday, November 14, 2022
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:16 p.m.
COUNCIL ACTION: Start Time: 4:16 PM