THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, DECEMBER 5, 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 ..........................................................................................................................................5 SPECIAL ORDERS OF BUSINESS ...........................................................................................6 Item 200: Amendments to the San Diego Municipal Code Related to San Diego Housing Commission Board Commissioner Minimum Qualifications.......................................................6 Item 201: Authorization for the Retention of Nixon Peabody LLP as Outside Loan Counsel .....7 Item 202: Authorize the City to Accept Additional Federal Emergency Rental Assistance (ERA) Funds Allocated by the U.S. Department of the Treasury and Expend These Funds to Repay the State of California’s Rental Assistance (SRA) Cash Flow Loan Program Award to the City for the Housing Stability Assistance Program (HSAP) Managed by the Housing Commission .................8 Item 203: Resolution to Authorize Nonprofit Agreement with Catalyst of San Diego & Imperial Counties to Administer the California Creative Corps Program Called “Far South/Border North:
Artists and Cultural Practitioners in Community”.....................................................................9 Item 204: Mira Mesa Community Plan Update.....................................................................10 Item 250: Approval of the Final Map “Tonopah Bay Homes”.................................................12 Item S400: Approval of the final map “Shawnee Subdivision”...............................................12 Minutes of Monday, December 5, 2022 Page 2
Table of Contents (Continued)
REPORT OUT FROM CLOSED SESSION................................................................................13 ADJOURNMENT .................................................................................................................13 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, December 5, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:01 p.m. The meeting was adjourned by Council President Elo-Rivera at 4:19 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
*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:
CD-4 Council President Pro Tem Monica Montgomery Steppe (Excused by Resolution R-314740, due to attending the Wells Fargo Wealth Opportunities Restored Through Homeownership Grant.)
ASSISTANT CITY CLERK:
Fuentes (mrh)
*NOTE: Councilmember von Wilpert and Councilmember Campillo participated in the meeting by teleconference.
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-not present (5) Councilmember von Wilpert-present
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
INVOCATION
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, December 5, 2022
The invocation was given by Assistant City Clerk Diana Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campillo.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Lori Saldaña commented on CEQA & SDGE.
COUNCIL ACTION: Start Time: 3:57 PM
PUBLIC COMMENT-2 (virtual):
Barbara Gordon commented on high potency cannabis.
COUNCIL ACTION: Start Time: 4:00 PM
PUBLIC COMMENT-3 (virtual):
Kathleen Lippitt commented on CDC data on alcohol death.
COUNCIL ACTION: Start Time: 4:02 PM
PUBLIC COMMENT-4 (virtual):
Kelly McCormick commented on adolescent use of marijuana.
COUNCIL ACTION: Start Time: 4:04 PM
PUBLIC COMMENT-5 (virtual):
Joy Sunyata commented on new trash containers downtown.
COUNCIL ACTION: Start Time: 4:06 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, December 5, 2022
PUBLIC COMMENT-6 (virtual):
Blair Beekman commented on solar power subsidies.
COUNCIL ACTION: Start Time: 4:09 PM
PUBLIC COMMENT-7 (virtual):
John Stump commented on consent agenda items.
COUNCIL ACTION: Start Time: 4:11 PM
PUBLIC COMMENT-8 (virtual):
Judy Strang commented on emphysema and marijuana.
COUNCIL ACTION: Start Time: 4:13 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.
SPECIAL ORDERS OF BUSINESS
None.
Item 200: Amendments to the San Diego Municipal Code Related to San Diego Housing Commission Board Commissioner Minimum Qualifications.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-86) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, December 5, 2022
Introduction of an Ordinance amending Chapter 9, Article 8, Division 3 of the San Diego Municipal Code by amending Section 98.0301, relating to qualifications of the San Diego Housing Commission Board of Commissioners.
Committee Actions Taken:
This item was heard at the Select Committee on San Diego Housing Commission Oversight and Reform meeting on July 25, 2022.
ACTION: Motion by Vice Chair Cate, second by Committee Member von Wilpert, to request the Office of the City Attorney to work with Councilmember Whitburn’s Office to bring amendments to the San Diego Municipal Code Section 98.0301(f) for City Council consideration that would:
Require members appointed to serve on the San Diego Housing Commission Board of Commissioners, excluding tenant Commissioners pursuant to Section 98.0301(f)(1), to have at least 5 years of experience in the areas of real estate finance, affordable housing, homelessness, workforce development, healthcare, nonprofit, education, or community-based organizations.
VOTE: 3-0; Whitburn-yea, Cate-yea, von Wilpert-yea, LaCava-not present.
Council District 3: Jacob O'Neill, (619) 236-6633
City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 3:30 PM
MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Chris Cate.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 201: Authorization for the Retention of Nixon Peabody LLP as Outside Loan Counsel.
Total Estimated Cost of Proposed Action and Funding Source:
Compensation for as-needed outside loan counsel (OLC) services in an amount not-to-exceed $250,000, over the 5-year term of the agreement will be payable from loan proceeds as a cost of issuance whenever possible, otherwise, the Enterprise Fund or General Fund for which a given loan is being secured will bear the responsibility of paying invoices for OLC services.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, December 5, 2022
Proposed Actions:
(R-2023-269) ADOPTED AS RESOLUTION R-314475
Resolution authorizing the retention of Nixon Peabody LLP as Outside Loan Counsel.
Committee Actions Taken: N/A
Office of the City Attorney: Bret A. Bartolotta, (619) 533-5894 COUNCIL ACTION: Start Time: 3:47 PM
MOTION BY CHRIS CATE TO ADOPT. Second by Sean Elo-Rivera.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 202: Authorize the City to Accept Additional Federal Emergency Rental Assistance (ERA) Funds Allocated by the U.S. Department of the Treasury and Expend These Funds to Repay the State of California’s Rental Assistance (SRA) Cash Flow Loan Program Award to the City for the Housing Stability Assistance Program (HSAP) Managed by the Housing Commission.
Total Estimated Cost of Proposed Action and Funding Source:
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.
This action will authorize the City to accept, appropriate, and expend, $752,729.62 to repay a portion of the State’s (SRA) Cash Flow Loan Program pursuant to SB 115, contingent on the U.S.
Department of the Treasury authorizing the use of ERA1 funds for this purpose.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-280) ADOPTED AS RESOLUTION R-314476
Resolution accepting and expending reallocations of 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).
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, December 5, 2022
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 3:00 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 203: Resolution to Authorize Nonprofit Agreement with Catalyst of San Diego & Imperial Counties to Administer the California Creative Corps Program Called “Far South/Border North:
Artists and Cultural Practitioners in Community”.
Total Estimated Cost of Proposed Action and Funding Source:
Funding for the Catalyst of San Diego & Imperial Counties agreement will come from the California Arts Council Administering Organization California Creative Corps grant expenditures.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-281) ADOPTED AS RESOLUTION R-314477
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Catalyst of San Diego & Imperial Counties, in an amount not-to-exceed $4,605,000, to manage the disbursement of grant funding from the California Arts Council for the “Far South/Border North:
Artists and Cultural Practitioners in Community” program.
Committee Actions Taken: N/A
Commission for Arts and Culture: Jonathon Glus, (619) 236-6798 City Attorney Contact: Jon D. Dwyer
COUNCIL ACTION: Start Time: 3:14 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, December 5, 2022
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 204: Mira Mesa Community Plan Update.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures associated with this action.
Council District(s) Affected: 6.
Proposed Actions:
Subitem-A: (R-2023-270) ADOPTED AS RESOLUTION R-314478
Resolution certifying Program Environmental Impact Report No. 2022090061, and Adopting Findings, a Statement of Overriding Considerations, and a Mitigation, Monitoring, and Reporting Program for the Mira Mesa Community Plan Update.
Subitem-B: (R-2023-275) ADOPTED AS RESOLUTION R-314479
Resolution adopting an Amendment to the Mira Mesa Community Plan, the General Plan, and the City’s Certified Local Coastal Program.
Subitem-C: (O-2023-87) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance Amending the Land Development Code Relating to Mixed-Use Base Zones at Chapter 13, Article 1, Division 7 and the Community Plan Implementation Overlay Zone at Chapter 13, Article 2, Division 14.
Subitem-D: (O-2023-85) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance Rezoning Approximately 10,020 Acres Located within the Mira Mesa Community Planning Area, in the City of San Diego, California.
Subitem-E: (R-2023-276) ADOPTED AS RESOLUTION R-314480
Resolution amending the Historical Resources Guidelines of the Land Development Manual to Exempt Specified Master Planned Residential Communities in the Mira Mesa Community Planning Area from Review under SDMC section 143.0212.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, December 5, 2022
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on November 17, 2022.
ACTION: Motion by Committee Member Cate, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.
Planning: Alex Frost, (619) 236-6006
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 2:05 PM
Public testimony by Marcela Escobar-Eck, Madison Coleman, Jeffry Stevens, Lori Saldaña, Thomas Mullaney, Jack Monger, Craig Benedetto, Matt Adams, Angeli Calinog, and Kathleen Lippitt.
MOTION BY CHRIS CATE TO ADOPT THE RESOLUTIONS IN SUBITEMS A, B, AND E; AND INTRODUCE THE ORDINANCES IN SUBITEMS C AND D. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Item 250: Approval of the Final Map “Tonopah Bay Homes”.
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 “Tonopah Bay Homes" (T.M. No. 2011944, PRJ No. 1062953) located at 1398 Lieta Street, in the CC-4-5 and RS-1-7 zones, within the Clairemont 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.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, December 5, 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 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 S400: Approval of the final map “Shawnee Subdivision”.
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 “Shawnee Subdivision" (V.T.M. No. 632543, PTS No. 174988) located at 6910-6980 Mission Gorge Road, excepting 6966 Mission Gorge Road, North of Mission Gorge Road at Old Cliffs Road within the Navajo Community 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.
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 12 for the Regular Meeting of Monday, December 5, 2022
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:19 p.m. in honor of the memory of:
Mrs. Deanna Spehn as requested by Councilmember Campillo.
COUNCIL ACTION: Start Time: 4:15 PM