Minutes — San Diego City Council, February 14, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, FEBRUARY 14, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................3 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 APPROVAL OF COUNCIL MINUTES........................................................................................6 Item 30: San Diego Legion Opening Day ..............................................................................7 Item 31: Engineers Week....................................................................................................7 Item 32: Black History Month ..............................................................................................8 Item 33: Gary Blume’s Total Altruism Project Day .................................................................8 Item 34: Alejandra Mier y Teran ..........................................................................................9 Item 35: Pacific Beach Three-Alarm Fire Emergency Response Appreciation Day.....................9 Item 50: Request to Exempt One (1) Program Coordinator Position in the Public Utilities Department from the Classified Service ...............................................................................10 Item 51: Fourth Amendment to an Agreement for Downtown Circulator Shuttle Services........... ........................................................................................................................................11 Minutes of Tuesday, February 14, 2023 Page 2
Table of Contents (Continued)
Item 60: Award a Consultant Agreement, Contract #H2125782, to Michael Baker International to Provide Professional Design and Construction Support Services for the Kearny Mesa Trunk Sewer TS17 Project............................................................................................................12 Item 100: Award a Consultant Agreement, Contract #H2225964, to Hazen and Sawyer to Provide Professional Design and Construction Support Services for the Otay 2nd Pipeline Phase 5 Replacement Project .......................................................................................................13 Item 101: FY 2023 Community Projects, Programs and Services Funding Allocations to A.) Pacific Beach Community Development Corporation dba Discover PB, B.) San Diego Fleet Week Foundation, and C.) Point Loma Rotary Club........................................................................14 Item 102: Reappointments to the Citizens Equal Opportunity Commission.............................15 Item 330: 2022 Update to the San Diego Municipal Code (Land Development Code) and Local Coastal Program and Amendment to Floor Area Ratio Bonus and Citywide Park Development Impact Fee Resolutions ......................................................................................................16 Item 350: Call for Nominations to the Commission on Police Practices ..................................20 REPORT OUT FROM CLOSED SESSION................................................................................21 ADJOURNMENT .................................................................................................................21 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Tuesday, February 14, 2023
CHRONOLOGY OF THE MEETING:

The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 10:43 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. The meeting was adjourned by Council President Elo-Rivera at 5:11 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 Kent Lee
CD-7 Councilmember Raul A. Campillo
*CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Fuentes (mrh/km)
*NOTE: Councilmember Campbell and Councilmember Moreno 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-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, February 14, 2023

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember von Wilpert.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Jonathan Ellis-Ray Baird commented on the absurd charging of street vendor ordinance.

COUNCIL ACTION: Start Time: 10:27 AM
PUBLIC COMMENT-2 (virtual):

Blair Beekman commented on accountability.

COUNCIL ACTION: Start Time: 10:29 AM
PUBLIC COMMENT-3 (virtual):

Mark Wilcox commented on the 5-year outlook.

COUNCIL ACTION: Start Time: 10:32 AM
PUBLIC COMMENT-4 (virtual):

Melodie commented on day camps at Mission Bay Park.

COUNCIL ACTION: Start Time: 10:33 AM
PUBLIC COMMENT-5 (virtual):

Peggy Walker commented on the decline in marijuana revenue.

COUNCIL ACTION: Start Time: 10:35 AM
PUBLIC COMMENT-6 (virtual):

Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, February 14, 2023
Joy Sunyata commented on Shirley Chisholm.

COUNCIL ACTION: Start Time: 10:38 AM
PUBLIC COMMENT-7 (virtual):

Kathleen Lippitt commented on marijuana side effects.

COUNCIL ACTION: Start Time: 10:41 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:

Councilmember von Wilpert commented on the recent mass school shooting in Michigan that killed three individuals. She commented on the continued local work towards gun violence prevention and gun violence restraining orders. Councilmember von Wilpert commented on the 5th Annual Kyle Kraska Celebration of Heroes Blood Drive.

COUNCIL ACTION: Start Time: 10:09 AM
COUNCIL COMMENT-2:

Council President Elo-Rivera commented on his talk with Kyle Kraska during the Celebration of Heroes Blood Drive. He commented on how Kraska turned a tragic day into a ripple of positive effect on the community. Council President Elo-Rivera also commented on the discriminatory practices aimed at the gay community and the intention to change the policies for donating blood.

COUNCIL ACTION: Start Time: 10:11 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, February 14, 2023

APPROVED
1/16/2023 Adjourned
1/17/2023 Adjourned
1/23/2023
1/24/2023
COUNCIL ACTION: Start Time: 10:03 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

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

Item 30: San Diego Legion Opening Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

Proclaiming February 18, 2023, to be “San Diego Legion Opening Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:14 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 31: Engineers Week.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, February 14, 2023
Proclaiming February 19 through February 25, 2023, to be “Engineers Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:14 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 32: Black History Month.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE’S RECOMMENDATION:

APPROVED
Proclaiming February 2023 to be, “Black History Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:14 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 33: Gary Blume’s Total Altruism Project Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming February 14, 2023, to be “Gary Blume Day” in the City of San Diego.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, February 14, 2023
COUNCIL ACTION: Start Time: 10:14 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 34: Alejandra Mier y Teran.

COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming February 24, 2023 to be, "Alejandra Mier y Teran Day" in the City of San Diego.

COUNCIL ACTION: Start Time: 10:14 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 35: Pacific Beach Three-Alarm Fire Emergency Response Appreciation Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming February 14, 2023, to be “Pacific Beach Three-Alarm Fire Emergency Response Appreciation Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:14 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Raul A. Campillo.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, February 14, 2023
Passed by the following vote:

Item 50: Request to Exempt One (1) Program Coordinator Position in the Public Utilities Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The estimated cost for this budgeted position is anticipated to be $120,000, and is funded by the Municipal Sewer Revenue Fund and the Water Utility Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-104) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 28, 2023 Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the City's Public Utilities Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 8, 2022. This position will be responsible for overseeing enterprise system analysis for the Customer Support Division. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Public Utilities: Bijan Mostafavi, (619) 533-7404
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, February 14, 2023
Item 51: Fourth Amendment to an Agreement for Downtown Circulator Shuttle Services.

Total Estimated Cost of Proposed Action and Funding Source:

The requested actions appropriate additional funding in the amount of $1.2 million from Fund 200489, Downtown Community Park District revenue. For Fiscal Year 2023, the extension of service is estimated to cost an amount not-to-exceed $200,000. The cost for Fiscal Year 2024 is estimated not-to- exceed $1 million through April 20, 2024.

Council District(s) Affected: 3.

Proposed Actions:
(O-2023-107) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 28, 2023 Introduction of an Ordinance of the Council of the City of San Diego approving a fourth 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:

This item was heard at the Active Transportation and Infrastructure Committee meeting on January 25, 2023.

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

VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.

Sustainability and Mobility: Krystal Ayala, (619) 236-7079 City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Jennifer Campbell.

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);
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, February 14, 2023
Not Present: (None).

Item 60: Award a Consultant Agreement, Contract #H2125782, to Michael Baker International to Provide Professional Design and Construction Support Services for the Kearny Mesa Trunk Sewer TS17 Project.

Total Estimated Cost of Proposed Action and Funding Source:

Cost $5,500,000.00, Muni Sewer Utility CIP Fund. This project will be Phase funded.

Council District(s) Affected: 6, 7.

Proposed Actions:

Subitem-A: (R-2023-390) ADOPTED AS RESOLUTION R-314598
Resolution determining that the award and execution of the consultant agreement with Michael Baker International to provide professional design and construction support services for the Kearny Mesa Trunk Sewer TS17 Project is statutorily exempt from CEQA pursuant to State CEQA Guidelines section 15262.

Subitem-B: (O-2023-110) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 28, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute an 87-month agreement with Michael Baker International for design and construction support services for the Kearny Mesa Trunk Sewer TS17 project in an amount not-to-exceed $5,500,000, and related actions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on January 25, 2023.

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

VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:04 AM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, February 14, 2023
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Jennifer Campbell.

Passed by the following vote:

Item 100: Award a Consultant Agreement, Contract #H2225964, to Hazen and Sawyer to Provide Professional Design and Construction Support Services for the Otay 2nd Pipeline Phase 5 Replacement Project.

Total Estimated Cost of Proposed Action and Funding Source:

The phase funded agreement with Hazen and Sawyer is in the total amount not-to-exceed $3,247,222, of which $2,174,437, is for the first phase and $1,072,785, is for all subsequent phases.

Council District(s) Affected: 4.

Proposed Actions:
(R-2023-391) RETURNED TO STAFF
Resolution authorizing award and execution of the consultant agreement with Hazen and Sawyer for professional design and construction support services for the Otay 2nd Pipeline Phase 5 Replacement Project and taking related actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on January 25, 2023.

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

VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, February 14, 2023
COUNCIL ACTION: Start Time: 10:04 AM
Item 101: FY 2023 Community Projects, Programs and Services Funding Allocations to A.) Pacific Beach Community Development Corporation dba Discover PB, B.) San Diego Fleet Week Foundation, and C.) Point Loma Rotary Club.

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 $8,000, with A.) Pacific Beach Community Development Corporation dba Discover PB ($2,000), B.) San Diego Fleet Week Foundation ($3,000), and C.) Point Loma Rotary Club ($3,000).

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2023-367) ADOPTED AS RESOLUTION R-314599
Resolution determining that approval of the Community Projects, Programs, and Services FY 2023 City Council Allocation Agreements between the City and (1) The Pacific Beach Community Development Corporation dba Discover Pacific Beach, (2) San Diego Fleet Week Foundation, and (3) Point Loma Rotary Club are exempt from the California Environmental Quality Act pursuant to Section 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (R-2023-366) ADOPTED AS RESOLUTION R-314600
Resolution authorizing the Mayor, or designee, to enter into Agreements with (1) The Pacific Beach Community Development Corporation dba Discover Pacific Beach, (2) San Diego Fleet Week Foundation, and (3) Point Loma Rotary Club, in an amount not-to-exceed $8,000, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs, and Services."
Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Jennifer Campbell.

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; Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, February 14, 2023
Nay: (None);
Recused: (None);
Not Present: (None).

Item 102: Reappointments to the Citizens Equal Opportunity Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 7, 9.

Proposed Actions:
(R-2023-381) ADOPTED AS RESOLUTION R-314601
Resolution confirming the Mayor's reappointment of John-David Gonzales and Eric B. Wilson to the Citizens Equal Opportunity Commission for terms ending January 1, 2025.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 330: 2022 Update to the San Diego Municipal Code (Land Development Code) and Local Coastal Program and Amendment to Floor Area Ratio Bonus and Citywide Park Development Impact Fee Resolutions.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, February 14, 2023
The proposed code amendments do not change any current funding mechanisms or funds.

Costs associated with implementation of the proposed amendments will be covered by development project applicants.

Council District(s) Affected: Citywide.

Proposed Actions:

The Land Development Code (LDC) provides the City's regulations for the development and use of property within the City of San Diego and provides information on zoning, subdivisions, grading and other related land use activities. The City Council recognizes the importance of an annual LDC revision that removes unnecessary barriers to simplify and streamline permitting processes (LDC Update). The 2022 LDC Update includes amendments that will align policy with the City’s climate, equity and housing goals, include regulatory reform, comply with state law, and include corrections and clarifications. This item also includes amendments to the Centre City Planned District Ordinance, amendments to Resolution R–307481 regarding the Floor Area Ratio (FAR) Payment Bonus Program, and Resolution R–313688, adopting a New Citywide Park Development Impact Fee.

Subitem-A: (O-2023-111 Cor. Copy 2) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 28, 2023
Introduction of an Ordinance amending Chapter 11, Article 2, Division 3 of the San Diego Municipal Code by amending sections 112.0302, 112.0303, and 112.0304; by amending Chapter 11, Article 2, Division 5 of the San Diego Municipal Code by amending Section 112.0501; by amending Chapter 11, Article 2, Division 6 by amending sections 112.0601 and 112.0604; by amending Chapter 11, Article 3, Division 1 by amending Section 113.0103; by amending Chapter 12, Article 5, Division 9 by amending Section 125.0940; by amending Chapter 12, Article 6, Division 1 by amending Section 126.0108; by amending Chapter 12, Article 6, Division 3 by amending Section 126.0303; by amending Chapter 12, Article 6, Division 5 by amending Section 126.0502; by amending Chapter 12, Article 6, Division 7 by amending Sections 126.0704, 126.0707, and 126.0709; by amending Chapter 12, Article 8, Division 3 by amending Section 128.0305; by amending Chapter 12, Article 9, Division 7 by amending Section 129.0710; by amending Chapter 13, Article 1, Division 2 by amending Section 131.0222; by amending Chapter 13, Article 1, Division 3 by amending Section 131.0322; by amending Chapter 13, Article 1, Division 4 by amending Sections 131.0422, 131.0431, and 131.0443; by amending Chapter 13, Article 1, Division 5 by amending Section 131.0522; by amending Chapter 13, Article 1, Division 6 by amending Sections 131.0620 and 131.0622; by amending Chapter 13, Article 1, Division 7 by amending Sections 131.0701, 131.0707, and 131.0718; by amending Chapter 13, Article 2, Division 4 by amending Sections 132.0402 and adding Section 132.0404; by amending Chapter 14, Article 1, Division 3 by amending Sections 141.0302 and 141.0318; by amending Chapter 14, Article 1, Division 4 by amending Sections 141.0407, 141.0420, and 141.0421, and by adding new Section 141.0422; by amending Chapter 14, Article 2, Division 3 by amending Section 142.0305; by amending Chapter 14, Article 2, Division 4 by amending Sections 142.0402, 142.0403, 142.0404, 142.0405, 142.0407, 142.0412, and 142.0413; by amending Chapter 14, Article 2, Division 5 by amending Section 142.0560; by amending Chapter 14, Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, February 14, 2023
Article 2, Division 6 by amending Section 142.0640; by amending Chapter 14, Article 2, Division 12 by amending Section 142.1250; by amending Chapter14, Article 2, Division 13 by amending Sections 142.1305 and 142.1307; by amending Chapter 14, Article 3, Division 2 by amending Section 143.0212; by amending Chapter 14, Article 3, Division 7 by amending Sections 143.0720, 143.0740, 143.0742, 143.0744, 143.0745, and 143.0746; by amending Chapter 14, Article 3, Division 9 by amending Section 143.0915; by amending Chapter 14, Article 3, Division 10 by amending Sections 143.1001 and 143.1002, retitling Section 143.1010, and amending Sections 143.1015, 143.1020, and 143.1025; by amending Chapter 14, Article 3, Division 11 by amending Sections 143.1102 and 143.1103; by amending Chapter 14, Article 3, Division 13 by amending Section 143.1310; by amending Chapter 15, Article 1, Division 1 by amending Section 151.0103; by amending Chapter 15, Article 3, Division 3 by amending Section 153.0311; by amending Chapter 15, Article 5, Division 2 by amending Sections 155.0231, 155.0238, and 155.0242; by amending Chapter 15, Article 13, Division 3 by amending Section 1513.0304; and by amending Chapter 15, Article 16, Division 1 by amending Sections 1516.0114 and 1516.0119, relating to the 2022 Land Development Code Update.

Subitem-B: (O-2023-112 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 28, 2023
Introduction of an Ordinance amending Chapter 15, Article 6, Division 3 of the San Diego Municipal Code by amending Sections 156.0301, 156.0302, 156.0304, 156.0306, 156.0307, 156.0308, 156.0309, 156.0310, 156.0311, 156.0313, and 156.0315, relating to the Centre City Planned District Ordinance.

Subitem-C: (R-2023-346 Cor. Copy) ADOPTED AS RESOLUTION R-314602 Resolution authorizing the amendments to Resolution R–307481 regarding the Floor Area Ratio (FAR) Payment Bonus Program.

Subitem-D: (R-2023-345 Cor. Copy) ADOPTED AS RESOLUTION R-314603 Resolution authorizing the amendments to Resolution R–313688, adopting a New Citywide Park Development Impact Fee.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on January 12, 2023.

ACTION: Motion by Committee Member Whitburn, second by Committee Member Lee, to recommend Council approval of staff's recommendation and the following items be provided prior to City Council:

A. Request that the City Attorney provide the Council with a written opinion regarding two things:

1. An opinion of whether on-site affordable units are required as part of the Complete Communities program.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, February 14, 2023

2. An opinion on what process would need to be followed if the Council desired to allow affordable units to be built off-site.

B. Request that the Planning Department provide the Council in writing an analysis of allowing affordable requirements to be met with off-site units within the Complete Communities program, including whether the current program includes distance requirements for off-site units.

VOTE: 3-1; Moreno-yea, Whitburn-yea, Lee-yea, LaCava-nay.

Planning: Corey Funk, (619) 533-3945
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 2:03 PM
Public testimony by Paul Coogan, Seamus Garland, Aaron Foust, Mike Magers, Alexander Zemans, Emma Kursjens, Manny Rodriguez, Alex Zukas, Geoeff Hueber, Eric Simmons, Frances Prichett, Eric Rosenzweig, Deirdre Lee, Matt Adams, Stephen Clemons, Ben Brown, Vicky Estrella, Sharon Gehl, Clifford Wieler, Chris Bommamto, Danna Givot, Jason Selmier, Karen Austin, Paul Krueger, Maureen Sweeney, Weslie Morgan, Angeli Hoyos, Jesse O’Sullivan, Jp, Melanie Cohn, Madison Coleman, Sandy Myskowski, Bonnie Kutch, Matt Wahlstrom, Skyler Johnson, Craig Benedetto, Sally Smull, Marisa, Julie M Hamilton, Linda Beresford, John Stump, Susan, John Brady, Gail Friedt, Levi Giafaglione, Lori Thiel, Catharine Douglas, Jennifer MartinRoff, Nevo Magnezi, Anar, Saad Asad, Pat Sexton, Phil Merten, Unknown caller, Ravi Gopinathan, Blair Beekman, Joy Sunyata, France H., Nicole Lillie and Aiden Lin.

MOTION BY VIVIAN MORENO TO INTRODUCE THE ORDINANCES IN SUBITEMS A AND B; AND ADOPT THE RESOLUTIONS IN SUBITEMS C AND D. Second by Kent Lee.

Passed by the following vote:

Yea: Stephen Whitburn, Monica Montgomery Steppe, Kent Lee, Vivian Moreno, Sean EloRivera; Nay: Joe LaCava, Jennifer Campbell, Marni von Wilpert, Raul A. Campillo; Recused: (None);
Not Present: (None).

NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.

Item 350: Call for Nominations to the Commission on Police Practices.

The Commission on Police Practices (Commission) is an investigatory body of the City, independent of the Mayor, Police Chief, and Police Department. Effective December 18, 2020, City Charter section 41.2 established the Commission on Police Practices, which supersedes Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, February 14, 2023
and replaces the Community Review Board on Police Practices. The implementation ordinance for the Commission on Police Practices took effect on November 19, 2022.

In accordance with SDMC §26.1105, City Council is responsible for appointing all members of the Commission. Council Policy 000-13: Procedure for Mayor and Council Appointments, includes a process for each Council member to submit nominations to fill these seats.

Nominations shall also be considered from the public, community-based organizations, or the Commission.

The public and community-based organizations may nominate a candidate by filling out a nomination form with appropriate supportive documents at bit.ly/nominatecpp. The public and community-based organizations may submit one nominee for each seat. The Council shall only consider written nominations made by the public and community-based organizations if nominees accept their nomination in writing prior to Council consideration.

Each Councilmember may also submit one nominee for each seat. In the appointment process, Council shall submit a nomination packet, which shall include the nomination memo, a copy of the completed onboard application, and any additional information in support of the such nominee. Council shall submit all nominations packets directly to [email protected].

The deadline for submission for Council review is February 15, 2023, 11:59 p.m.

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:11 p.m. in honor of the memory of:

Judith Handler as requested by Councilmember LaCava;
Jay Kahn as requested by Councilmember Campbell; and
Mike Ferguson as requested by Councilmember von Wilpert.

COUNCIL ACTION: Start Time: 5:04 PM

San Diego City CouncilFebruary 14, 2023

San Diego City Council
February 14, 2023