Minutes — San Diego City Council, January 11, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JANUARY 11, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................5 ATTENDANCE DURING THE MEETING.....................................................................................................................5 ROLL CALL...........................................................................................................................................................................5 PLEDGE OF ALLEGIANCE ...............................................................................................................................................6 CLOSED SESSION .............................................................................................................................................................6 NON-AGENDA PUBLIC COMMENT ........................................................................................................................10

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ...............................................................................................................................................................................................12 APPROVAL OF COUNCIL MINUTES ........................................................................................................................13 SPECIAL ORDERS OF BUSINESS ...............................................................................................................................14 Item 30: La Jolla Surf Diva Day ................................................................................................................................14 Item 50: Exemption of Program Coordinator Position in SDCERS from the Classified Service .....14 Item 51: Awarding the Consultant Agreement with Rick Engineering Company for Consultant Services for Design and Construction Support for the Otay 2nd Pipeline Phase 4 (H207169) Project ................................................................................................................................................................................15 Item 52: Time Extension of Construction Contract K-16-1423-DBB-3 Navajo Pump Station with TC Construction Company, Inc.................................................................................................................................16 Minutes of Tuesday, January 11, 2022 Page 2
Table of Contents (Continued)
Item 53: Extension of K-16-1431-DBB-3 Tierrasanta Pump Station Construction Contract with J.

F. Shea Construction, Inc.............................................................................................................................................18 Item 54: Extension of K-15-1293-MAC-3-A, Multiple Award Construction Contract (MACC) for Water, Wastewater, and Storm Water Pipeline Projects for an Additional 12 Months........................... ...............................................................................................................................................................................................19 Item 55: An Ordinance for Construction Change Order No. 10 and Transfer of Appropriations for Pacific Beach Pipeline South (K-16-1306-DBB-3) with TC Construction................................................ ...............................................................................................................................................................................................20 Item 56: Amend the Administrative Code of the San Diego Municipal Code (SDMC) to Update the List and Descriptions of City Departments ..................................................................................................21 Item 57: Adoption of the 2019 California Fire Code & Associated Municipal Code Repeal and Adoption ...........................................................................................................................................................................23 Item 58: Extension of K-15-5716-DBB-3 University Avenue Pipeline Construction Contract with Burtech Pipeline, Inc .....................................................................................................................................................24 Item 59: Barrio Logan Community Plan Update...............................................................................................25 Item 60: Montezuma Road - Project No. 623199 ............................................................................................27 Item 61: First Amendment to Agreement for Engineering Services, Contract #H197062, with Rick Engineering for the Design of Streamview Drive Improvements Phase II project .................................... ...............................................................................................................................................................................................28 Item 62: 2021 Update to the San Diego Municipal Code and Local Coastal Program .....................29 Item 63: Exemption of One Assistant Director and Two Program Manager Positions in the Parks and Recreation Department from the Classified Service................................................................................31 Item 64: First Amendments to the As-Needed Landscape Architectural Design Consultant Agreements with Estrada Land Planning, Inc. (H166713), Schmidt Design Group, Inc (H166714) and Spurlock Landscape Architects (H166715)..................................................................................................32 Item 65: Proposed Amendments to Chapter 14, Article 7, Division 4 of the San Diego Municipal Code Relating to the Plumbing Retrofit Upon Resale Ordinance ..............................................................33 Item 100: Authorization to Enter into a Joint Use Agreement with San Diego Gas & Electric Company for Use of a Portion of Public Right of Way Known as Eastgate Mall ..................................34 Minutes of Tuesday, January 11, 2022 Page 3
Table of Contents (Continued)
Item 101: Lease Surrender and Termination Agreement with American Institute of Architects San Diego Chapter for City-Owned Property, Located at 1220 Third Avenue, San Diego, CA 92101..35 Item 102: Appointment to the Commission on Gang Prevention and Intervention..........................36 Item 103: Honorary Street Name: Recognition of Tom Hom on the 600 block of Third Avenue (Intersection of Market Street and Third Avenue) Pursuant to San Diego Municipal Code Section 125.1130, “Honorary Street Names,” and Council Policy 200-10, “Honorary Street Names.” .........37 Item 330: Authorization for the Public Facilities Financing Authority of the City of San Diego Sewer Revenue Bonds..................................................................................................................................................38 Item 331: Sixteenth Recognized Obligation Payment Schedule, July 1, 2022, through June 30, 2023, and Associated Annual Successor Agency Administrative Budget................................................39 Item 332: Appeal of the Planning Commission Decision to Approve the Del Mar Heights Elementary School Rebuild Project No. 666025 ................................................................................................40 Item 333: California Coastal Commission Amendments to the Inclusionary Affordable Housing Regulations.......................................................................................................................................................................42 Item S500: Reconfirming the Appointments of Councilmembers to Positions on the San Diego Association of Governments Board of Directors and Confirmation of Appointment to the North County Transit District Board of Directors for Calendar Year 2022............................................................43 Item S501: Creation of Ad Hoc Working Group for Independent Budget Analyst Recruitment (IBA), and Informational Update Regarding the IBA Recruitment Process .............................................44 Item S502: Detective Jack Schaeffer Day.............................................................................................................45 Item S503: United Taxi Workers of San Diego Day.........................................................................................45 Item S504: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953...............................................................................46 Item S505: Harbor Drive Easement, Construction and Maintenance Agreements with SANDAG and Burlington Northern Santa Fe Railway for Bayshore Bikeway-Barrio Logan ...................................... ...............................................................................................................................................................................................47 REPORT OUT FROM CLOSED SESSION.................................................................................................................48 ADJOURNMENT .............................................................................................................................................................48 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, January 11, 2022

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 11:00 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 4:02 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 4:08 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the regular meeting at 4:42 p.m. to convene the Public Facilities Financing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 4:45 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 5:05 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-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Maland (mrh)

ROLL CALL
(1) Councilmember LaCava-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, January 11, 2022
(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-present
(9) Council President Elo-Rivera-present

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

CLOSED SESSION
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:

CS-1 City Designated Management Team Representatives:

Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Charles Zuver, Burke, Williams & Sorensen LLP, Labor Negotiation Consultant Jay Goldstone, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Jeff Sturak, Deputy Chief Operating Officer
Jessica Lawrence, Director of Policy and Council Affairs, Office of the Mayor Julie Rasco, Director, Human Resources Department
Jeremy Culuko, Deputy Director, Human Resources Department Abby Jarl-Veltz, Assistant Director, Human Resources Department Erik Hanson, Supervising Human Resources Officer, Human Resources Department Jonnabelle Domingo, Senior Human Resources Officer, Human Resources Department Curt Glaser, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Andrea Szabo, Senior Human Resources Officer, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Franklin Coopersmith, Supervising Human Resources Analyst, Human Resources Department
Dianne Mitra, Associate Human Resources Analyst, Human Resources Department Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, January 11, 2022
Julio Canizal, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Rolando Charvel, Director of Finance Department and City Comptroller Sarah Mayen, Assistant Director, Finance Department
Adrian Del Rio, Assistant Director, Finance Department
Sally Rubi, Financial Operations Manager, Finance Department Lillian Garcia, Payroll Manager, Finance Department
Chris Purcell, Principal Accountant, Finance Department Nicholas O’Donnell, Program Coordinator, Finance Department Colin Stowell, Fire Chief, Fire-Rescue Department
John Wood, Assistant Fire Chief, Fire-Rescue Department Christopher Webber, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief, Fire-Rescue Department David Nisleit, Police Chief, Police Department
Albert Guaderrama, Executive Assistant Chief, Police Department Sandra Albrektsen, Assistant Police Chief, Police Department Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
John Hemmerling, Assistant City Attorney, Office of the City Attorney, solely for negotiations with Deputy City Attorneys Association
Jonathan Ferreras, Program Coordinator, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association.

Designated as representatives within the meaning of California Government Code Section 54957.6(a):

Jeff Kawar, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Designated as representatives within the meaning of California Government Code Section 54957.6(a):

Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney Leslie FitzGerald, Assistant City Attorney, Office of the City Attorney Joan Dawson, Deputy City Attorney, Office of the City Attorney Thomas Brady, Deputy City Attorney, Office of the City Attorney William Gersten, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Kristin Zlotnik, Deputy City Attorney, Office of the City Attorney Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, January 11, 2022
Employee organizations:

San Diego City Firefighters, International Association of Fire Fighters, Local 145 San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
REFERRED TO CLOSED SESSION OF TUESDAY, JANUARY 11, 2022 ACA Assigned: J. McNeill
The purpose of this Closed Session meeting is to review the City of San Diego’s position as to meet and confer over the terms and conditions for successor Memoranda of Understanding with the International Association of Fire Fighters, AFL-CIO, Local 145 (Local 145); San Diego Police Officers Association (POA); and California Teamsters Local 911 (Local 911).

COUNCIL ACTION: Start Time: 10:28 AM
Council President Elo-Rivera closed the hearing.

Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):

CS-2 OHL USA, Inc. v. City of San Diego
San Diego Superior Court Case No. 37-2021-00047189-CU-CO-CTL Risk Management Department Claim File No. 28375
REFERRED TO CLOSED SESSION OF TUESDAY, JANUARY 11, 2022 DCA Assigned: J. Taylor
Plaintiff OHL sued the City of San Diego for allegedly breaching a contract related to the Morena Conveyance North Project that is part of the Pure Water program. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:28 AM
Council President Elo-Rivera closed the hearing.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, January 11, 2022
Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9:

CS-3 Resolution of Claim filed by Anthony Philip Geraldi Risk Management Department Claim File No. 24028
REFERRED TO CLOSED SESSION OF TUESDAY, JANUARY 11, 2022 DCA Assigned: G. Longobardo
This claim arises from a break in the City of San Diego’s water main, which allegedly flooded Claimant’s home and caused property damage. The City Attorney’s Office will update the Mayor and City Council on the status of the matter and seek direction.

COUNCIL ACTION: Start Time: 10:28 AM
Council President Elo-Rivera closed the hearing.

Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):

CS-4 Estate of Toby Diller v. City of San Diego
United States District Court Case No. 20cv1003-W-MSB
Risk Management Department Claim File No. 24247
REFERRED TO CLOSED SESSION OF TUESDAY, JANUARY 11, 2022 SCDCA Assigned: R. Stephan
This case arises from an officer involved shooting brought by the alleged heirs of the deceased, Toby Diller. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:28 AM
Council President Elo-Rivera closed the hearing.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, January 11, 2022
CS-5 Joseph Bushman v. City of San Diego
San Diego Superior Court Case No. 37-2019-00030754-CU-PO-CTL Risk Management Department Claim File No. 21042
REFERRED TO CLOSED SESSION OF TUESDAY, JANUARY 11, 2022 SCDCA Assigned: C. Richardson
Plaintiff alleges that on October 15, 2018, he was seriously injured while riding his bicycle after hitting an uneven section of pavement on Black Mountain Road, near the entrance to City of San Diego-owned Canyonside Park. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:28 AM
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Becky Rapp commented on marijuana.

COUNCIL ACTION: Start Time: 10:32 AM
PUBLIC COMMENT-2:

Kelly McCormick commented on marijuana.

COUNCIL ACTION: Start Time: 10:34 AM
PUBLIC COMMENT-3:

Joy Sunyata commented on shining the light on the report given by Lisa Jones of San Diego Housing Commission during the Public Safety and Livable Neighborhoods Committee.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, January 11, 2022
COUNCIL ACTION: Start Time: 10:35 AM
PUBLIC COMMENT-4:

Daniel Smiechowski commented on scooters.

COUNCIL ACTION: Start Time: 10:38 AM
PUBLIC COMMENT-5:

Bob Kuczewski commented on the Torrey Pines Gliderport.

COUNCIL ACTION: Start Time: 10:40 AM
PUBLIC COMMENT-6:

Judi Strang commented on the Cartel and marijuana businesses.

COUNCIL ACTION: Start Time: 10:43 AM
PUBLIC COMMENT-7:

Rita Morgan commented on Martin Luther King Jr.

COUNCIL ACTION: Start Time: 10:45 AM
PUBLIC COMMENT-8:

Diane Grace commented on marijuana.

COUNCIL ACTION: Start Time: 10:48 AM
PUBLIC COMMENT-9:

Unknown caller commented on the Cartel and marijuana businesses.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, January 11, 2022
COUNCIL ACTION: Start Time: 10:50 AM
PUBLIC COMMENT-10:

Ernie Casco commented on the Torrey Pines Gliderport.

COUNCIL ACTION: Start Time: 10:52 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

COMMENT
COUNCIL COMMENT-1:

Council President Pro Tem Montgomery Steppe commemorated Dr. Martin Luther King Jr. reminding us to advocate for voting rights and reflect on the sacrifices the moral leaders made decades ago.

COUNCIL ACTION: Start Time: 10:54 AM
COUNCIL COMMENT-2:

Councilmember Campbell commented on Dr. Martin Luther King Jr. and her own devotion to equality, equity, and following the path of love and non-violence.

COUNCIL ACTION: Start Time: 10:56 AM
COUNCIL COMMENT-3:

Councilmember von Wilpert commented on the canceled Dr. Martin Luther King Jr. events due to the COVID-19 pandemic, thanked Council President Pro Tem Montgomery Steppe for her leadership, and Councilmember Campbell for her participation in the march on Washington.

COUNCIL ACTION: Start Time: 10:58 AM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, January 11, 2022
COUNCIL COMMENT-4:

Council President Elo-Rivera commented on the importance of this weekend as an annual opportunity to reflect on the legacy of Dr. Luther King Jr., which is nothing short of a revolutionary.

COUNCIL ACTION: Start Time: 11:00 AM

APPROVAL OF COUNCIL MINUTES

APPROVED
11/29/2021 Special
12/06/2021
12/07/2021
12/13/2021
12/14/2021
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

SPECIAL ORDERS OF BUSINESS
None.

NOTE: The following Proclamation was NOT presented in Council Chambers.

Item 30: La Jolla Surf Diva Day.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, January 11, 2022
COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming January 6, 2022, to be “La Jolla Surf Diva Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:17 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.

Passed by the following vote:

Item 50: Exemption of Program Coordinator Position in SDCERS from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The funding for this position is included with the SDCERS budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-65) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 25, 2022 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the San Diego City Employees' Retirement System from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on November 4, 2021. The Program Coordinator position will be responsible for developing policies related to the call center, retirement applications, customer service, quality assurance, and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
SDCERS: Colin Brazile, (619) 525-3630
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, January 11, 2022
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 51: Awarding the Consultant Agreement with Rick Engineering Company for Consultant Services for Design and Construction Support for the Otay 2nd Pipeline Phase 4 (H207169) Project.

Total Estimated Cost of Proposed Action and Funding Source:

The total costs for this agreement with Rick Engineering Company is $3,077,440.00. Funding is available within the Water Utility CIP for the purpose of executing this consultant agreement.

Council District(s) Affected: Outside of City limits.

Proposed Actions:
(O-2022-70 COR. COPY) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 25, 2022 Introduction of an Ordinance authorizing a consultant agreement with Rick Engineering Company for consultant services for design and construction support for the Otay 2nd Pipeline Phase 4 (H207169) Project.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on December 15, 2021.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, January 11, 2022
ACTION: Motion by Councilmember Montgomery Steppe, second by Council President EloRivera, to recommend Council approval of staff’s proposed actions VOTE: 4-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Elo-Rivera-yea.

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 52: Time Extension of Construction Contract K-16-1423-DBB-3 Navajo Pump Station with TC Construction Company, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

There are no additional costs associated with this action.

Council District(s) Affected: 7.

Proposed Actions:
(O-2022-73) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 25, 2022 Introduction of an Ordinance authorizing the obligations of construction contract K-16-1423- DBB-3, for WBS NO. B-11023, Navajo Pump Station, With TC Construction Company, Inc., to extend beyond five years for an additional 19 months.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, January 11, 2022
This item was heard at the Active Transportation and Infrastructure Committee meeting on December 15, 2021.

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

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

Passed by the following vote:

Item 53: Extension of K-16-1431-DBB-3 Tierrasanta Pump Station Construction Contract with J. F.

Shea Construction, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

There are no additional costs associated with this action.

Council District(s) Affected: 7.

Proposed Actions:
(O-2022-72) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 25, 2022 Introduction of an Ordinance authorizing the obligations of construction contract K-16-1431- DBB-3, For WBS NO. S-12040, Tierrasanta Pump Station, With J. F. Shea Construction, Inc., to extend beyond five-years for an additional 12 months, for a not-to-exceed total of 6-years. 6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, January 11, 2022
Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on December 15, 2021.

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

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

Passed by the following vote:

Item 54: Extension of K-15-1293-MAC-3-A, Multiple Award Construction Contract (MACC) for Water, Wastewater, and Storm Water Pipeline Projects for an Additional 12 Months.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action as it is only for a time extension.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-69) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 25, 2022 Introduction of an Ordinance authorizing the 12-month extension to the Multiple Award Construction Contract for water, wastewater, and stormwater pipeline projects (K-15-1293-MAC- Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, January 11, 2022
3-A), as well as 12-month extensions to five tasks issued under the multiple award construction contract for water, wastewater, and stormwater pipeline projects. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on December 15, 2021.

ACTION: Motion by Vice Chair LaCava, second by Councilmember Montgomery Steppe, to move the item forward to City Council without recommendation.

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

Engineering & Capital Projects: Alex Garcia, (858) 627-3287 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 55: An Ordinance for Construction Change Order No. 10 and Transfer of Appropriations for Pacific Beach Pipeline South (K-16-1306-DBB-3) with TC Construction.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of this Construction Change Order No. 10 and transfer of appropriations is $2,593,000.00 from the Large Diameter Water Transmission PPL within fund 700010.

Council District(s) Affected: 2, 6.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, January 11, 2022
Proposed Actions:
(O-2022-74) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 25, 2022 Introduction of an Ordinance authorizing the mayor, or his designee, to execute a construction change order to the agreement with TC Construction Company, Inc., or the Pacific Beach Pipeline South Project (K-16-1306-DBB-3) adding an additional $2,593,000, and authorizing the contract with TC Construction Company to extend an additional seven months beyond five-years until December 4, 2022.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on December 15, 2021.

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

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

Engineering & Capital Projects: Abi Palaseyed, (619) 533-4654 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 56: Amend the Administrative Code of the San Diego Municipal Code (SDMC) to Update the List and Descriptions of City Departments.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, January 11, 2022
Total Estimated Cost of Proposed Action and Funding Source:

Budgets for these departments have already been approved by Council in the Fiscal Year 2022 Adopted Budget.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following ordinances which were introduced on 12/7/2021, Item 50, Subitem A, B, C, D, E, and F. (Council voted 9-0):

Subitem-A: (O-2022-13) ADOPTED AS ORDINANCE O-21402 (New Series) Ordinance amending Chapter 2, Article 2 of the San Diego Municipal Code by adding new Division 57, Section 22.5701, establishing the Compliance Department as a City department in the City Administrative Code.
6 votes required pursuant to Charter Section 26.

Subitem-B: (O-2022-38 REV.) ADOPTED AS ORDINANCE O-21403 (New Series) Ordinance amending Chapter 2, Article 2 of the San Diego Municipal Code by adding new Division 56, Section 22.5601 relating to establishing the Homelessness Strategies and Solutions Department in the City Administrative Code.
6 votes required pursuant to Charter Section 26.

Subitem-C: (O-2022-20) ADOPTED AS ORDINANCE O-21404 (New Series) Ordinance amending Chapter 2, Article 2 of the San Diego Municipal Code by amending the title of Division 14, amending Sections 22.1402 and 22.1403, and adding new Section 22.1405, and amending Chapter 2, Article 2 by amending the title of Division 51 and amending Section

22.5101, all relating to changing the names of the Public Works Department to the Engineering and Capital Projects Department, the Fleet Services Department to the General Services Department, and reorganizing the Transportation and Stormwater Department into the Transportation Department and the Stormwater Department in the City Administrative Code. 6 votes required pursuant to Charter Section 26.

Subitem-D: (O-2022-30) ADOPTED AS ORDINANCE O-21405 (New Series) Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, January 11, 2022
Ordinance amending Chapter 2, Article 2, Division 2 of the San Diego Municipal Code by amending Section 22.0220 and repealing Section 22.0221 and amending Chapter 6, Article 8, Division 1 by amending Section 68.0101, relating to renaming the Real Estate Assets Department the Real Estate and Airport Management Department and updating its duties in the City Administrative Code.
6 votes required pursuant to Charter Section 26.

Subitem-E: (O-2022-28) ADOPTED AS ORDINANCE O-21406 (New Series) Ordinance amending Chapter 2, Article 2, Division 54 of the San Diego Municipal Code by amending Section 22.5401, renaming the Sustainability Department the Sustainability and Mobility Department and updating its duties in the City Administrative Code. 6 votes required pursuant to Charter Section 26.

Subitem-F: (O-2022-39) ADOPTED AS ORDINANCE O-21407 (New Series) Ordinance amending Chapter 2, Article 2, Division 18 of the San Diego Municipal Code by amending Section 22.1801, updating the list of City Departments in the City Administrative Code. 6 votes required pursuant to Charter Section 26.

Committee Actions Taken: N/A
Office of the Chief Operating Officer: Jay Goldstone, (619) 236-6429 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, January 11, 2022
Item 57: Adoption of the 2019 California Fire Code & Associated Municipal Code Repeal and Adoption.

Total Estimated Cost of Proposed Action and Funding Source:

Administration of the Fire Code is based upon a fee for service paid for by applicants in the development process.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following ordinances which were introduced on 12/7/2021, Item 51, Subitem A and B. (Council voted 9-0):

Subitem-A: (O-2022-51) ADOPTED AS ORDINANCE O-21408 (New Series) Ordinance amending Chapter 5, Article 5, of the San Diego Municipal Code by repealing Divisions 1 through 11, Divisions 20 through 37, Divisions 48 through 51, Divisions 53 through 67, Divisions 80 through 81, Divisions 83 through 87, Division 94, and Division 99, relating to the adoption of the California Fire Code.

Subitem-B: (O-2022-50 COR. COPY) ADOPTED AS ORDINANCE O-21409 (New Series) Ordinance amending Chapter 5, Article 10, of the San Diego Municipal Code by adding Divisions 1 through 83, relating to the adoption of the California Fire Code.

Committee Actions Taken: N/A
Fire-Rescue: Tony Tosca, (619) 533-4431
City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Stephen Whitburn.

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);
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, January 11, 2022
Recused: (None);
Not Present: (None).

Item 58: Extension of K-15-5716-DBB-3 University Avenue Pipeline Construction Contract with Burtech Pipeline, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

There are no additional costs associated with this action.

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following ordinance which was introduced on 12/7/2021, Item 52 (Council voted 9-0):
(O-2022-55 Cor. Copy) ADOPTED AS ORDINANCE O-21410 (New Series) Ordinance authorizing the obligations of construction contract K-15-5716-DBB-3, for WBS No. S11021, University Ave Pipeline Replacement, with Burtech Pipeline, Inc. to extend beyond five years for an additional 34 months, for a not to exceed total of 7 years and 10 months. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, January 11, 2022
Item 59: Barrio Logan Community Plan Update.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures being authorized with this action.

Council District(s) Affected: 8.

Proposed Actions:

Adopt the following ordinances which were introduced on 12/7/2021, Item 335, Subitem C, D, and E. (Council voted 9-0):

Subitem-A: (O-2022-36) ADOPTED AS ORDINANCE O-21411 (New Series) Ordinance amending the Land Development Code Chapter 13, Article 2, Division 14, Chapter 14 Article 3 Division 12, and Chapter 14 Article 4 Division 5 and amending the City’s certified Local Coastal Program for the Community Plan Update Project.

Subitem-B: (O-2022-37) ADOPTED AS ORDINANCE O-21412 (New Series) Ordinance repealing the Barrio Logan Planned District Ordinance, Land Development Code Chapter 15 Article 2 Divisions 1 through 4 for the Community Plan Update Project.

Subitem-C: (O-2022-48 Cor. Copy) ADOPTED AS ORDINANCE O-21413 (New Series) Ordinance rezoning land within the Barrio Logan Community Planning Area consistent with the Community Plan Update Project.

Committee Actions Taken: N/A
Planning: Lisa Lind, (619) 236-6531
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, January 11, 2022
Passed by the following vote:

Item 60: Montezuma Road - Project No. 623199.

Total Estimated Cost of Proposed Action and Funding Source:

The project is a private development project and all costs associated with the processing of this project are paid from a deposit account maintained by the applicant.

Council District(s) Affected: 9.

Proposed Actions:

Adopt the following ordinance which was introduced on 12/7/2021, Item 336, Subitem B. (Council voted 9-0):
(O-2022-52) ADOPTED AS ORDINANCE O-21414 (New Series)
Ordinance approving a rezone changing 0.43 acres located at 6253, 6263, and 6373 Montezuma Road, within the College Area Community Plan Area, in the City of San Diego, California, from the RM 1-1 Zone into the RM 3-9 Zone for the Montezuma Road Project.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Derrick Johnson (D.J.), (619) 446-5477 City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, January 11, 2022
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 61: First Amendment to Agreement for Engineering Services, Contract #H197062, with Rick Engineering for the Design of Streamview Drive Improvements Phase II project.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost for this Agreement Amendment is $353,146.00; of which, $119,541.60 is from TransNet Fund, $7,886.90 is from Water Fund, $55,135.90 is from Sewer Fund, and $170,581.60 is from Commercial Paper Fund.

Council District(s) Affected: 4.

Proposed Actions:

Adopt the following Ordinance which was introduced on 12/13/2021, Item 203. (Council voted 8- 0, Councilmember Campbell- not present):
(O-2022-54) ADOPTED AS ORDINANCE O-21415 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Rick Engineering for additional engineering services in an amount not-to-exceed $353,146.00, in connection with the Streamview Drive Phase II project. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Engineering & Capital Projects: Alex Garcia, (858) 627-3287 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, January 11, 2022
Passed by the following vote:

Item 62: 2021 Update to the San Diego Municipal Code and Local Coastal Program.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being approved with this action. Costs associated with implementation of the regulations in the future will be borne by project applicants through a permitting process.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was amended by Council action at the time of introduction on 12/13/21, Item 204, Subitem A. Adopt the following Ordinance which was introduced on 12/13/2021, Item 204, Subitem B. (Council voted 8-0, Councilmember Campbell- not present):

Subitem-A: (O-2022-59 REV. 2 COR. COPY 2) ADOPTED AS ORDINANCE O-21416 (New Series) Ordinance amending Chapter 11, Article 2, Division 3 of the San Diego Municipal Code by amending Section 112.0304; amending Chapter 11, Article 2, Division 6 by amending Sections 112.0602 and 112.0604; amending Chapter 11, Article 3, Division 1 by amending Section 113.0103; amending Chapter 11, Article 3, Division 2 by amending Section 113.0270; amending Chapter 12, Article 5, Division 3 by amending Section 125.0330; amending Chapter 12, Article 6, Division 4 by amending Section 126.0402; amending Chapter 13, Article 1, Division 2 by amending Section 131.0222; amending Chapter 13, Article 1, Division 4 by amending Section 131.0431; repealing Section 131.0454, and amending Sections 131.0455 and 131.0461; amending Chapter 13, Article 1, Division 5 by amending Sections 131.0522 and 131.0546; amending Chapter 13, Article 1, Division 6 by amending Section 131.0622; amending Chapter 13, Article 1, Division 7 by amending Sections 131.0707, 131.0709 and 131.0718; amending Chapter 14, Article 1, Division 1 by amending Section 141.0103; amending Chapter 14, Article 1, Division 2 by amending Section 141.0203; amending Chapter 14, Article 1, Division 3 by amending Sections 141.0308 and 141.0309; amending Chapter 14, Article 2, Division 5 by amending Section 142.0528; amending Chapter 14, Article 2, Division 6 by retitling and amending Section 142.0640; Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, January 11, 2022
amending Chapter 14, Article 2, Division 7 by amending Section 142.0740; amending Chapter 14, Article 2, by retitling Division 8, retitling and amending Section 142.0801; adding Sections 142.0802 and 142.0803, retitling and amending Sections 142.0805, 142.0810, 142.0820, 142.0830, and adding Section 142.0831; amending Chapter 14, Article 2, Division 13 by amending Section 142.1304; amending Chapter 14, Article 3, Division 1 by amending Section 143.0110; amending Chapter 14, Article 3, Division 2 by amending Section 143.0260; amending Chapter 14, Article 3, Division 7 by amending Sections 143.0720, 143.0740, and 143.0745; amending Chapter 14, Article 3, Division 10 by amending Sections 143.1001, 143.1002, 143.1005, 143.1010, 143.1015, 143.1020, 143,1025, and 143.1030; amending Chapter 14, Article 3, Division 11 by amending Section 143.1103; amending Chapter 15, Article 6, Division 3 by amending Sections 156.0302, 156.0304, 156.0307, 156.0308, 156.0309, 156.0310, 156.0313, and 156.0315; amending Chapter 15, Article 7, Division 3 by amending Section 157.0304; amending Chapter 15, Article 10, Division 1 by amending Section 1510.0107; amending Chapter 15, Article 10, Division 3 by amending Section 1510.0301 and retitling and amending Section 1510.0304; amending Chapter 15, Article 16, Division 1 by amending Section 1516.0107 and 1516.0139, relating to the 2021 San Diego Land Development Code/Municipal Code update.

Subitem-B: (O-2022-60) ADOPTED AS ORDINANCE O-21417 (New Series) Ordinance amending Chapter 12, Article 9, Division 7 of the San Diego Municipal Code by amending Section 129.0710; and amending Chapter 14, Article 1, Division 4, by amending Section 141.0420, relating to ministerial approval of installation of equipment in public right-ofway.

Committee Actions Taken: N/A
Planning: Renee Mezo, (619) 236-6033
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, January 11, 2022
Item 63: Exemption of One Assistant Director and Two Program Manager Positions in the Parks and Recreation Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The new unclassified Assistant Director and two Program Manager positions annual cost, including salaries and fringe benefits totals approximately $285,696 for the Assistant Director and $210,642 for each Program Manager. Funds for this expense will be available in General Fund, Parks and Recreation Department due to vacancy savings in FY 2022. The positions will be requested in the FY 2023 budget process.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 12/14/2021, Item 50. (Council voted 8- 0, Councilmember Campbell- not present):
(O-2022-62) ADOPTED AS ORDINANCE O-21418 (New Series)
Ordinance authorizing the exemption of an Assistant Department Director position and two Program Manager positions in the Parks and Recreation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on November 4, 2021. The Assistant Department Director position will be responsible for department-wide recreation programming, policy development, fiscal management, special projects, and other related duties. One Program Manager position will develop and implement policies and procedures related to fiscal operations, and other related duties. One Program Manager position will plan, direct, and oversee Park Master Plan policies related to park infrastructure, and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, January 11, 2022
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 64: First Amendments to the As-Needed Landscape Architectural Design Consultant Agreements with Estrada Land Planning, Inc. (H166713), Schmidt Design Group, Inc (H166714) and Spurlock Landscape Architects (H166715).

Total Estimated Cost of Proposed Action and Funding Source:

These amendments will extend contract duration only and do not have associated Fiscal Considerations.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinances which were introduced on 12/14/2021, Item 51, Subitem A, B and C. (Council voted 8-0, Councilmember Campbell- not present):

Subitem-A: (O-2022-56) ADOPTED AS ORDINANCE O-21419 (New Series) Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the asneeded Agreement with Estrada Land Planning Inc. extending the Agreement an additional 24 months to complete the 4 tasks that were already issued under the Agreement. 6 votes required pursuant to Charter Section 99.

Subitem-B: (O-2022-57) ADOPTED AS ORDINANCE O-21420 (New Series) Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the asneeded Agreement with Schmidt Design Group Inc., extending the Agreement an additional 48 months to complete the 6 tasks that were already issued under the Agreement. 6 votes required pursuant to Charter Section 99.

Subitem-C: (O-2022-58) ADOPTED AS ORDINANCE O-21421 (New Series) Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, January 11, 2022
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the asneeded Agreement with Spurlock Landscape Architects extending the Agreement an additional 36 months to complete the 5 tasks that were already issued under the Agreement. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Dana C. Fairchild
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Stephen Whitburn.

Passed by the following vote:

Item 65: Proposed Amendments to Chapter 14, Article 7, Division 4 of the San Diego Municipal Code Relating to the Plumbing Retrofit Upon Resale Ordinance.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs being authorized; revenue will be reduced by approximately $45,000 – $50,000 due to the removal of the $10 filing fee.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 12/14/2021, Item 52. (Council voted 8- 0, Councilmember Campbell- not present):
(O-2022-61) ADOPTED AS ORDINANCE O-21422 (New Series)
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, January 11, 2022
Ordinance of the City Council amending San Diego Municipal Code (SDMC) sections 147.0403, 147.0404, 147.0405, 147.0406 and 147.0408, relating to Other Water-Conserving Plumbing Standards pursuant to Senate Bill 407 and to remove the administrative requirement of filing a Water Conservation Certificate with the Building Official.

Committee Actions Taken: N/A
Public Utilities: Brian Hojnacki, (619) 533-4187
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 100: Authorization to Enter into a Joint Use Agreement with San Diego Gas & Electric Company for Use of a Portion of Public Right of Way Known as Eastgate Mall.

Total Estimated Cost of Proposed Action and Funding Source:

No current impact, but future impact possible.

Council District(s) Affected: 1.

Proposed Actions:
(R-2022-218) RETURNED TO STAFF
Resolution authorizing the Mayor, or his designee, to enter into a Joint Use Agreement with San Diego Gas & Electric Company, for the relocation of a gas line into the public right-of-way within a portion of Eastgate Mall.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, January 11, 2022
This item was heard at the Land Use and Housing Committee meeting on December 9, 2021.

ACTION: Motion by Committee Member LaCava, second by Vice Chair Elo-Rivera, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; Whitburn-yea, Elo Rivera-yea, LaCava-yea, Moreno-yea.

Department of Real Estate and Airport Management: Barry Slotten, (619) 236-6724 City Attorney Contact: Marco A. Verdugo
COUNCIL ACTION: Start Time: 10:06 AM
Item 101: Lease Surrender and Termination Agreement with American Institute of Architects San Diego Chapter for City-Owned Property, Located at 1220 Third Avenue, San Diego, CA 92101.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures being authorized with this action; City will not receive the monthly rent of $1,453.43 plus annual three percent (3%) rent increases.

Council District(s) Affected: 3.

Proposed Actions:
(R-2022-212) ADOPTED AS RESOLUTION R-313855
Resolution authorizing the Mayor, or his designee, to sign and deliver the Lease Surrender and Termination Agreement Between the City of San Diego and the American Institute of Architects San Diego Chapter, a Non-Profit Organization, for the Real Property Located at 1220 Third Avenue, San Diego, California.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on December 9, 2021.

ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member LaCava, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; Whitburn-yea, Elo-Rivera-yea, LaCava-yea, Moreno-yea.

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, January 11, 2022
Department of Real Estate and Airport Management: Nicole McGinnis, (619) 236-6987 City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 102: Appointment to the Commission on Gang Prevention and Intervention.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 3.

Proposed Actions:
(R-2022-123) ADOPTED AS RESOLUTION R-313856
Resolution confirming the Mayor's appointment of Maria Ezquerro to the Commission on Gang Prevention and Intervention for a term ending July 1, 2023.

Committee Actions Taken: N/A
Office of Boards and Commissions: Mathew Gordon, (619) 533-4506 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, January 11, 2022
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 103: Honorary Street Name: Recognition of Tom Hom on the 600 block of Third Avenue (Intersection of Market Street and Third Avenue) Pursuant to San Diego Municipal Code Section 125.1130, “Honorary Street Names,” and Council Policy 200-10, “Honorary Street Names.” Total Estimated Cost of Proposed Action and Funding Source:

Council Policy 200-10, “Honorary Street Names,” states that funding for the installation of honorary street title signs shall be the responsibility of the sponsoring Councilmember. The Councilmember shall identify, obtain, and make such funds available to the Mayor, or designee.

Therefore, funding for this honorary street title sign will be provided by Council District 3.

Council District(s) Affected: 3.

Proposed Actions:
(R-2022-214) ADOPTED AS RESOLUTION R-313857
Resolution designating the 600 block of Third Avenue at the intersection of Third Avenue and Market Street in the Downtown community as Tom Hom Avenue.

Committee Actions Taken: N/A
Council District 3: Codi Vierra, (619) 236-6633
City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

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);
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, January 11, 2022
Not Present: (None).

Item 330: Authorization for the Public Facilities Financing Authority of the City of San Diego Sewer Revenue Bonds.

Total Estimated Cost of Proposed Action and Funding Source:

Please see Fiscal Considerations section of Staff Report.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-66) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 25, 2022 Introduction of an Ordinance approving and authorizing the Public Facilities Financing Authority of the City of San Diego to issue and sell its Sewer Revenue Bonds in an amount not-to-exceed $282,000,000 to finance additional components to the wastewater system and refinance prior obligations, approving the forms and authorizing the execution and delivery of related financing documents, and approving and authorizing certain other agreements and actions in connection therewith.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on October 13, 2021.

ACTION: Motion by Councilmember Whitburn, second by Councilmember Campillo, to recommend Council approval of staff's proposed actions.

VOTE: 3-0; Cate-yea, Whitburn-yea, Campillo-yea, Montgomery Steppe-not present.

Debt Management: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: Bret A. Bartolotta
See the Public Facilities Financing Authority Agenda of January 11, 2022, for a companion item.

COUNCIL ACTION: Start Time: 4:16 PM
Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, January 11, 2022
MOTION BY CHRIS CATE TO INTRODUCE. Second by Vivian Moreno.

Passed by the following vote:

Item 331: Sixteenth Recognized Obligation Payment Schedule, July 1, 2022, through June 30, 2023, and Associated Annual Successor Agency Administrative Budget.

Total Estimated Cost of Proposed Action and Funding Source:

Total disbursements toward enforceable obligations during the ROPS 16 fiscal year are $73,004,389, which is funded with $7,431,174 of funds on hand from the Former RDA, including bond proceeds, other funds, and reserves, $1,435,170 from Administrative Cost Allowance from RPTTF, and a disbursement of $64,138,045 from the RPTTF for enforceable obligations.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-213) ADOPTED AS RESOLUTION R-313860
Successor Agency Resolution (i) approving the sixteenth Recognized Obligation Payment Schedule for July 1, 2022, through June 30, 2023 (ROPS 16), (ii) approving an administrative budget for the ROPS 16 fiscal year, and (iii) authorizing the Mayor and Chief Financial Officer to carry out certain related actions.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6493
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Monica Montgomery Steppe.

Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, January 11, 2022
Passed by the following vote:

Item 332: Appeal of the Planning Commission Decision to Approve the Del Mar Heights Elementary School Rebuild Project No. 666025.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact. All costs associated with the processing of the Project are recovered through a deposit account funded by the applicant. Appeal fees are paid by the appellant.

Council District(s) Affected: 1.

Proposed Actions:
(R-2022-257) DENIED THE APPEAL AND AFFIRMED THE DECISION OF THE PLANNING COMMISSION; ADOPTED AS RESOLUTION R-313861
Appeal of the Planning Commission decision to approve a Coastal Development Permit, Conditional Use Permit, Site Development Permit, and a Planned Development Permit for the Del Mar Heights Rebuild Project No. 666025 for the reconstruction of an existing elementary school located at 13555 Boquita Drive.

According to San Diego Municipal Code Section 112.0508(f), Power to Act on Appeal, the City Council may:
(1) Affirm Planning Commission’s decision to grant the permits; (2) Modify Planning Commission’s decision to grant the permits with modifications; or (3) Reverse Planning Commission’s decision to grant the permits.

Directing the City Attorney to prepare the appropriate Resolutions according to Section 40 of the City Charter.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, January 11, 2022
Development Services: Catherine Rom, (619) 446-5277
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 2:21 PM
Public testimony by Jesse Barrick, Mike Milligan, Ian Phillip, Y. H., Bryce Dixon, Rick, Mark Sherman, Sharon Chang, Tricia Dixon, Unknown caller, Kyle Palla, Charles Weber, Evan White, Bob McGraw, Pratima Gupta, Kelley Huggett, Sarah Hunt, Matt Ziskin, Kimberly Hiland-Belding, Jill Perez, Jack Ziskin, Chelsea Ziskin, Unknown caller, Scott Tinley, Sheila Krishna, Ana West, Wyatt, Catherine, Sandip Patel, and Fernando Perez.

MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE A COASTAL DEVELOPMENT PERMIT,

CONDITIONAL USE PERMIT, SITE DEVELOPMENT PERMIT, AND PLANNED DEVELOPMENT PERMIT. Second by Chris Cate.

Passed by the following vote:

Item 333: California Coastal Commission Amendments to the Inclusionary Affordable Housing Regulations.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed amendments do not change any current funding mechanisms or funds. The City’s Inclusionary Affordable Housing regulations require developers of ten or more housing Units (outside the Coastal Overlay Zone) to pay an Inclusionary Affordable Housing Fee. Revenue from this fee is deposited into the City’s Affordable Housing Fund. The uses of these funds, which are administered by the San Diego Housing Commission (SDHC), include, but are not limited to, the creation of affordable rental.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, January 11, 2022
Subitem-A: (R-2022-219) CONTINUED TO MONDAY, JANUARY 24, 2022 Resolution determining that the amendments to the San Diego Municipal Code relating to accepting the California Coastal Commission's suggested modifications required for certification of the City's Inclusionary Affordable Housing Regulations are not a project pursuant to the California Environmental Quality Act and are exempt from the California Environmental Quality Act pursuant to Section 15183 of the CEQA Guidelines.

Subitem-B: (O-2022-68) CONTINUED TO MONDAY, JANUARY 24, 2022 Introduction of an Ordinance amending Chapter 14, Article 2, Division 13 of the San Diego Municipal Code by amending Sections 142.1302, 142.1305, and 142.1307, relating to accepting the California Coastal Commission’s suggested modifications required for certification of the City's Inclusionary Affordable Housing Regulations.

Committee Actions Taken: N/A
Planning: Renee Mezo, (619) 236-6033
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 3:43 PM
Public testimony by Daniel Smiechowski.

MOTION BY MARNI VON WILPERT TO CONTINUE TO MONDAY, JANUARY 24, 2022, AT 2:00 P.M. FOR FURTHER REVIEW. Second by Stephen Whitburn.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: Chris Cate;
Recused: (None);
Not Present: (None).

Item S500: Reconfirming the Appointments of Councilmembers to Positions on the San Diego Association of Governments Board of Directors and Confirmation of Appointment to the North County Transit District Board of Directors for Calendar Year 2022.

Total Estimated Cost of Proposed Action and Funding Source: N/A Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, January 11, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-229) ADOPTED AS RESOLUTION R-313858
Resolution reconfirming appointments to the San Diego Association of Governments Board of Directors and confirming an appointment to the North County Transit District Board of Directors for calendar year 2022.

Committee Actions Taken: N/A
Council President's Office: Lydia Van Note, (619) 236-6699 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item S501: Creation of Ad Hoc Working Group for Independent Budget Analyst Recruitment (IBA), and Informational Update Regarding the IBA Recruitment Process.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-227) ADOPTED AS RESOLUTION R-313862
Resolution approving the creation of an Ad Hoc Working Group for the Independent Budget Analyst recruitment.

Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, January 11, 2022
This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
COUNCIL ACTION: Start Time: 4:46 PM
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

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

Item S502: Detective Jack Schaeffer Day.

COUNCILMEMBER CATE’S RECOMMENDATION:

APPROVED
Proclaiming January 13, 2022, to be “Detective Jack Schaeffer Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:17 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.

Passed by the following vote:

Item S503: United Taxi Workers of San Diego Day.

Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, January 11, 2022

COUNCIL PRESIDENT ELO-RIVERA AND COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE’S RECOMMENDATION:

APPROVED
Proclaiming December 18, 2021, to be “United Taxi Workers of San Diego Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:17 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.

Passed by the following vote:

Item S504: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-231) ADOPTED AS RESOLUTION R-313859
Resolution reconsidering the circumstances of the State of Emergency related to COVID-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 236-6699 Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, January 11, 2022
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item S505: Harbor Drive Easement, Construction and Maintenance Agreements with SANDAG and Burlington Northern Santa Fe Railway for Bayshore Bikeway-Barrio Logan.

Total Estimated Cost of Proposed Action and Funding Source:

Once the project is complete in Fiscal Year 2023 the City will provide a one-time, lump sum reimbursement payment of $58,912.00 to SANDAG for 20 years of maintenance of advance rail crossing signal equipment per the Reimbursement Agreement 57925952 from the Transportation Department, General Fund.

Council District(s) Affected: 8.

Proposed Actions:
(O-2022-67) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 25, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into a Construction and Maintenance Agreement, Easement Agreements, and a Reimbursement Agreement in an amount not to exceed $58,912.00 with SANDAG and Burlington Northern Santa Fe Railway for construction of improvements to the Bayshore Bikeway at Harbor Drive in Barrio Logan. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, January 11, 2022
Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:05 p.m. in honor of the memory of:

Dr. Richard M. Lerner as requested by Councilmember LaCava; and Mr. Eduardo Federico Vargas Ojeda as requested by Councilmember Whitburn.

COUNCIL ACTION: Start Time: 5:01 PM

San Diego City CouncilJanuary 11, 2022

San Diego City Council
January 11, 2022