AGENDA FOR THE
REGULAR COUNCIL MEETING OF
MONDAY, DECEMBER 12, 2022 (10:00 AM SESSION)
CENTRAL LIBRARY
NEIL MORGAN AUDITORIUM
330 PARK BOULEVARD
SAN DIEGO, CA 92101
&
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
MONDAY, DECEMBER 12, 2022 (2:00 PM SESSION)
CITY ADMINISTRATION BUILDING
COUNCIL CHAMBERS – 12TH FLOOR
202 “C” STREET
SAN DIEGO, CA 92101
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................4 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 PRESENTATION OF COLORS.................................................................................................5 NATIONAL ANTHEM.............................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, INDEPENDENT BUDGET ANALYST, CITY ATTORNEY, CITY CLERK COMMENT ..........................................................................................................................................7 Item 200: Declaring the Results of the November 8, 2022, Election........................................7 Item 201: Inauguration Ceremony for the Seventy-Fourth City Council (Council Districts 2, 4, 6, and 8).................................................................................................................................8 Item 202: Selection of a Council President............................................................................8 Item 203: This item was moved to Tuesday, December 13, 2022, as Item S501 .....................9 Minutes of Monday, December 12, 2022
Table of Contents (Continued)
Item 204: Update on the Redevelopment of the City-Owned Real Property Located at 3220, 3240, 3250 and 3500 Sports Arena Boulevard (Midway Site)...................................................9 Item 205: Summary of the COVID-19 Pandemic Response from Several Key City of San Diego Departments......................................................................................................................10 Item S400: Proposed Updates to City Council Policy 800-14 Prioritizing CIP Projects and Council Policy 000-32 for Neighborhood Input on Infrastructure Needs and Priorities..........................10 Item S401: Third Contract Amendment to Extend the Term for Sanitation Services and Incidental Hazardous Waste Removal on Public Rights-of-Way and Other City-Owned Property with Clean Harbors Environmental Services, Inc ...................................................................12 REPORT OUT OF CLOSED SESSION.....................................................................................14 ADJOURNMENT .................................................................................................................14 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, December 12, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 11:00 a.m. for the noon recess to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:02 p.m. Councilmember Moreno left the meeting at 4:26 p.m. The meeting was adjourned by Council President EloRivera at 5:48 p.m.
ATTENDANCE DURING THE MEETING (10:00 AM SESSION)
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 (gs)
ATTENDANCE DURING THE MEETING (2:00 PM SESSION)
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 Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, December 12, 2022
ABSENT:
None.
CITY CLERK:
Maland (cp)
ROLL CALL (2:00 PM SESSION)
(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 Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
INVOCATION
The invocation was given by City Clerk Elizabeth Maland.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Hoover High School Junior Reserve Officer Training Corps.
PRESENTATION OF COLORS
The Colors were presented and retired by the Hoover High School Junior Reserve Officer Training Corps.
COUNCIL ACTION: Start Time: 10:03 AM
NATIONAL ANTHEM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, December 12, 2022
The National Anthem was sung by Hoover High School Choir.
COUNCIL ACTION: Start Time: 10:04 AM
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Lori Saldaña commented on ethics rules regarding lobbying disclosures.
COUNCIL ACTION: Start Time: 5:23 PM
PUBLIC COMMENT-2:
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 5:26 PM
PUBLIC COMMENT-3 (virtual):
Barbara Gordon commented on December 2022 being “National Impaired Driving Prevention Month.”
COUNCIL ACTION: Start Time: 5:30 PM
PUBLIC COMMENT-4 (virtual):
Lorna Zukas commented on El Cerrito community concerns.
COUNCIL ACTION: Start Time: 5:32 PM
PUBLIC COMMENT-5 (virtual):
Joy Sunyata thanked Council President Pro Tem Montgomery Steppe for her words: “Let’s live, let’s love.”
COUNCIL ACTION: Start Time: 5:34 PM
PUBLIC COMMENT-6 (virtual):
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, December 12, 2022
Becky Rapp commented on marijuana use and THC caps.
COUNCIL ACTION: Start Time: 5:37 PM
PUBLIC COMMENT-7 (virtual):
Janis Wilds commented on humanitarian crisis.
COUNCIL ACTION: Start Time: 5:39 PM
PUBLIC COMMENT-8 (virtual):
Alex Zukas commented on ceding time virtually.
COUNCIL ACTION: Start Time: 5:41 PM
PUBLIC COMMENT-9 (virtual):
Judi Strang commented on signs displayed regarding the serious harms of tobacco use.
COUNCIL ACTION: Start Time: 5:43 PM
PUBLIC COMMENT-10 (virtual):
Francine Maxwell commented on oversight of the Commission on Police Practices.
COUNCIL ACTION: Start Time: 5:46 PM
MAYOR, COUNCIL, INDEPENDENT BUDGET ANALYST, CITY ATTORNEY, CITY CLERK COMMENT COUNCIL COMMENT-1:
Council President Elo-Rivera welcomed Councilmember Lee.
COUNCIL ACTION: Start Time: 2:03 PM
Item 200: Declaring the Results of the November 8, 2022, Election.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, December 12, 2022
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-327) ADOPTED AS RESOLUTION R-314520
Adopting a Resolution declaring the results of the Municipal General Election and the Municipal Special Election held in the City of San Diego on November 8, 2022.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 COUNCIL ACTION: Start Time: 10:08 AM
MOTION BY SEAN ELO-RIVERA TO ADOPT. 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 201: Inauguration Ceremony for the Seventy-Fourth City Council (Council Districts 2, 4, 6, and 8).
CEREMONIAL ITEM
In the Matter of:
Swearing-In of the Honorable Dr. Jennifer Campbell, Council District 2; Swearing-In of the Honorable Monica Montgomery Steppe, Council District 4; Swearing-In of the Honorable Kent Lee, Council District 6; Swearing-In of the Honorable Vivian Moreno, Council District 8.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, December 12, 2022
COUNCIL ACTION: Start Time: 10:15 AM
Item 202: Selection of a Council President.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-324) ADOPTED AS RESOLUTION R-314521
Resolution selecting Councilmember ______________ as Council President to serve a one-year term commencing December 12, 2022, and until a successor is selected and qualified.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 533-3920 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 2:05 PM
MOTION BY MONICA MONTGOMERY STEPPE TO SELECT COUNCILMEMBER ELO-RIVERA.
Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 203: This item was moved to Tuesday, December 13, 2022, as Item S501.
Item 204: Update on the Redevelopment of the City-Owned Real Property Located at 3220, 3240, 3250 and 3500 Sports Arena Boulevard (Midway Site).
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, December 12, 2022
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 2.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Penny Maus, (619) 236-7346 COUNCIL ACTION: Start Time: 2:29 PM
Item 205: Summary of the COVID-19 Pandemic Response from Several Key City of San Diego Departments.
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 5: Bridget Naso, (619) 236-6655
COUNCIL ACTION: Start Time: 4:26 PM
Item S400: Proposed Updates to City Council Policy 800-14 Prioritizing CIP Projects and Council Policy 000-32 for Neighborhood Input on Infrastructure Needs and Priorities.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, December 12, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-309 Rev. Copy) ADOPTED AS AMENDED AS RESOLUTION R-314522 Resolution to amend Council Policy No. 800-14 relating to Capital Improvement Program project priority rankings.
Subitem-B: (R-2023-308) ADOPTED AS RESOLUTION R-314523
Resolution to amend Council Policy No. 000-32 relating to neighborhood input on infrastructure needs and priorities.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on November 16, 2022.
ACTION: 3A: Motion by Committee Member Montgomery Steppe, second by Vice Chair LaCava, to move staff recommendation on Council Policy 800-14 with a request that staff continue working with all four of our offices on feedback the Committee gave and to incorporate this feedback before it goes to full Council.
VOTE: 3-1; von Wilpert-yea, Campbell-yea, Montgomery Steppe-yea, LaCava-nay.
ACTION: 3B: Motion by Vice Chair LaCava, second by Committee Member Campbell, to move staff's recommendation and amend staff's proposed amendments to include: 1.e. "Provide userfriendly accessible formats for the public to submit recommendations." 2.e. "The public shall submit recommendations to the City by October 1st of each year to be considered for the upcoming budget fiscal year that include:"
VOTED: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppe-yea.
Engineering & Capital Projects: Ryan Greek, (619) 533-3767 City Attorney Contact: Dana Fairchild
COUNCIL ACTION: Start Time: 3:21 PM
MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION AS AMENDED IN SUBITEM A BY REVISING THE LANGUAGE IN THE FOURTH WHEREAS CLAUSE TO READ: “WHEREAS, THE
OVERALL GOAL OF THE AMENDMENTS IS TO UPDATE CIP PROJECT PRIORITY RANKINGS FOR
THE EQUITABLE AND EFFICIENT DELIVERY OF INFRASTRUCTURE THAT IS ALIGNED WITH THE CITY’S CLIMATE ACTION GOALS“; AND DIRECT STAFF TO AMEND COUNCIL POLICY 800-14, UNDER THE SECTION TITLED “ADDITIONAL CONSIDERATIONS” NO. 3 BY REPLACING THE Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, December 12, 2022
WORD “SHALL” WITH “WILL” BETWEEN THE WORDS “MAYOR” AND “PURSUE”. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION IN SUBITEM B. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item S401: Third Contract Amendment to Extend the Term for Sanitation Services and Incidental Hazardous Waste Removal on Public Rights-of-Way and Other City-Owned Property with Clean Harbors Environmental Services, Inc.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to extend the duration of the contract with Clean Harbors seven months. The notto-exceed amount for the contract is not being increased, remaining at $6,862,000. The $286,000 for the remainder of Fiscal Year 2023 from April 9th to October 31st is currently budgeted in the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-314) ADOPTED AS RESOLUTION R-314524
Resolution determining that execution of the Third Amendment to the Contract with Clean Harbors Environmental Services, Inc. for sanitation services and incidental hazardous waste removal on public rights-of-way and other City-owned property is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facility).
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Monday, December 12, 2022
Subitem-B: (O-2023-94 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the Third Amendment to the Contract with Clean Harbors Environmental Services, Inc., for sanitation services and incidental hazardous waste removal on public rights-of-way and other City-owned property, extending the Contract through October 31, 2023, and for all related actions. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting of November 21, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.
Environmental Services: Ken Prue, (858) 492-5085
City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 3:08 PM
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
REPORT OUT OF CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:48 p.m.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Monday, December 12, 2022
COUNCIL ACTION: Start Time: 5:48 PM