Minutes — San Diego City Council, January 25, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JANUARY 25, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................3 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 CLOSED SESSION................................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................6

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 30: SD Lunar New Year Festival Week ........................................................................10 Item 31: E. T. Perry Day ...................................................................................................10 Item 32: Anna L. McPherson Day .......................................................................................11 Item 33: Kyle Elser Day.....................................................................................................11 Item 50: Request to Exempt One Program Coordinator Position in the Planning Department from Classified Service .......................................................................................................12 Item 51: Exemption of Program Coordinator Position in SDCERS from the Classified Service...13 Minutes of Tuesday, January 25, 2022 Page 2
Table of Contents (Continued)
Item 52: 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 ..............................................................................................................................14 Item 53: Time Extension of Construction Contract K-16-1423-DBB-3 Navajo Pump Station with TC Construction Company, Inc............................................................................................15 Item 54: Extension of K-16-1431-DBB-3 Tierrasanta Pump Station Construction Contract with J.

F. Shea Construction, Inc ...................................................................................................16 Item 55: Extension of Multiple Award Construction Contract (MACC) for Water, Wastewater, and Storm Water Pipeline Projects for an Additional 12 Months .............................................17 Item 56: An Ordinance for Construction Change Order No. 10 and Transfer of Appropriations for Pacific Beach Pipeline South with TC Construction ...........................................................18 Item 57: Authorization for the Public Facilities Financing Authority of the City of San Diego Sewer Revenue Bonds........................................................................................................19 Item 58: Harbor Drive Easement, Construction and Maintenance Agreements with SANDAG and Burlington Northern Santa Fe Railway for Bayshore Bikeway-Barrio Logan .............................20 Item 100: Extending the Temporary Exception to Article 19, Section F of the MOU with Firefighters, I.A.F.F., Local 145, Regarding Out-of-Class Assignments for the Fire Engineer Classification......................................................................................................................22 Item 101: Settlement of Zacharias Lutich v City of San Diego, et al., San Diego Superior Court Case No. 37-2019-00026846-CU-PO-CTL, Risk Claim No. 21981. ...........................................23 Item 102: Settlement of Raul Ceballos v City of San Diego, et al. (and consolidated case Israel Mendoza v City of San Diego), San Diego Superior Court Case No. 37-2018-00064075-CU-POCTL (consolidated with San Diego Superior Court Case No. 37-2019-00036372-CU-PO-CTL), Risk Claim No. 19772 .........................................................................................................24 Item 103: Settlement of Midwest Investment Properties v. City of San Diego, San Diego Superior Court Case No. 37-2020-00048406-CU-EI-CTL, Claim No. 25781..............................24 Item 330: Resolution Establishing the City of San Diego's Compensation Philosophy..............25 Item 331: This item was removed from the Agenda ............................................................26 Item 332: Harper Residence - Project No. 6654 ..................................................................26 Item S500: Extension of the Special Issues COVID-19 Response and Recovery Committee for an Additional Six Months ....................................................................................................28 Item S501: Jeff Kawar Day................................................................................................29 Minutes of Tuesday, January 25, 2022 Page 3
Table of Contents (Continued)
Item S502: Update Regarding the Independent Budget Analyst (IBA) Recruitment and Call for Community and Councilmember Input Regarding Preferred Skills ..........................................29 REPORT OUT FROM CLOSED SESSION................................................................................30 ADJOURNMENT .................................................................................................................31 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, January 25, 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 11:22 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. The meeting was adjourned by Council President Elo-Rivera at 3:04 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 (cp)
*NOTE: Councilmember LaCava, Councilmember Whitburn, Council President Pro Tem Montgomery Steppe, Councilmember von Wilpert, Councilmember Cate, Councilmember Campillo, and Council President Elo-Rivera attended in person.

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 Cate-present
(7) Councilmember Campillo-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, January 25, 2022
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

INVOCATION
The invocation was given by City Clerk Elizabeth Maland.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem Montgomery Steppe.

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

CS-1 Barbara Mellor v. City of San Diego
San Diego Superior Court Case No. 37-2018-00036469-CU-PO-CTL Risk Management Department Claim File No. 17684
REFERRED TO CLOSED SESSION OF TUESDAY, JANUARY 25, 2022 SCDCA Assigned: R. Stephan
Outside Counsel Assigned: Jan Buddingh, Gordon & Rees
This case arises from an alleged trip and fall incident that occurred on April 11, 2017, on El Cajon Boulevard and 51st. Street, San Diego. 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: 10:37 AM
Council President Elo-Rivera closed the hearing.

CS-2 Darin Barioni v. City of San Diego, et al.

San Diego Superior Court Case No. 37-2015-00033388-CU-PO-CTL, consolidated with Grace and Jenny Bariono v. City of San Diego
San Diego Superior Court Case No. 37-2020-00032337-CU-NP-CTL Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, January 25, 2022
Risk Management Department Claim File No. 11065
REFERRED TO CLOSED SESSION OF TUESDAY, JANUARY 25, 2022 SCDCA Assigned: R. Stephan
Outside Counsel: Mitchell D. Dean, Dean Gazzo Roistacher LLP These consolidated survival and wrongful death actions arise from an alleged motorcycle accident that occurred on October 17, 2014, on Via Capri, La Jolla. 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: 10:37 AM
Council President Elo-Rivera closed the hearing.

CS-3 Elante Shine v. City of San Diego
U.S. District Court Case No. 20cv2036-LAB-DEB
Risk Management Department Claim File No. 25137
REFERRED TO CLOSED SESSION OF TUESDAY, JANUARY 25, 2022 DCA Assigned: S. Plotkin-Wolff
This is a civil rights case arising from the arrest of Plaintiff Elante Shine, which occurred in downtown San Diego on December 14, 2019. 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: 10:37 AM
Council President Elo-Rivera closed the hearing.

CS-4 SDG&E v City of San Diego
San Diego Superior Court Case No. 37-2020-00024044-CU-PO-CTL Risk Management Department Claim File No. 22819
REFERRED TO CLOSED SESSION OF TUESDAY, JANUARY 25, 2022 DCA Assigned: L. Manfre
This case arises from a Public Utilities Department repair crew allegedly damaging a San Diego Gas and Electric (SDG&E) below-ground gas main. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, January 25, 2022
COUNCIL ACTION: Start Time: 10:37 AM
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Kelly McCormick commented on effects from marijuana edibles.

COUNCIL ACTION: Start Time: 10:38 AM
PUBLIC COMMENT-2:

Maribel Arias (translation provided by the Office of the City Clerk) commented on proposed marijuana laws and allowing community input.

COUNCIL ACTION: Start Time: 10:40 AM
PUBLIC COMMENT-3:

Bob Kuczewski commented on Torrey Pines Gliderport.

COUNCIL ACTION: Start Time: 10:44 AM
PUBLIC COMMENT-4:

Peggy Walker commented on marijuana effects on mental health.

COUNCIL ACTION: Start Time: 10:46 AM
PUBLIC COMMENT-5:

Rosa Sanchez (translation provided by the Office of the City Clerk) commented on proposed marijuana laws and allowing community input.

COUNCIL ACTION: Start Time: 10:49 AM
PUBLIC COMMENT-6:

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, January 25, 2022
Jannette Sanchez (translation provided by the Office of the City Clerk) commented on proposed marijuana laws and allowing community input.

COUNCIL ACTION: Start Time: 10:53 AM
PUBLIC COMMENT-7:

Becky Rapp commented on marijuana and mental health.

COUNCIL ACTION: Start Time: 10:57 AM
PUBLIC COMMENT-8:

Florencia Aguas (translation provided by the Office of the City Clerk) commented on proposed marijuana laws and allowing community input.

COUNCIL ACTION: Start Time: 10:59 AM
PUBLIC COMMENT-9:

Fany Esquivel (translation provided by the Office of the City Clerk) commented on proposed marijuana laws and allowing community input.

COUNCIL ACTION: Start Time: 11:04 AM
PUBLIC COMMENT-10:

Ana Isabel Solano (translation provided by the Office of the City Clerk) commented on proposed marijuana laws and allowing community input.

COUNCIL ACTION: Start Time: 11:09 AM
PUBLIC COMMENT-11:

Rita Morgan commented on listen to your heart.

COUNCIL ACTION: Start Time: 11:13 AM
PUBLIC COMMENT-12:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, January 25, 2022
Kathleen Lippitt commented on Municipal Code changes regarding marijuana.

COUNCIL ACTION: Start Time: 11:15 AM
PUBLIC COMMENT-13:

Daniel Smiechowski commented on marijuana changes in moderation.

COUNCIL ACTION: Start Time: 11:17 AM
PUBLIC COMMENT-14:

Judi Strang commented on halt Municipal Code changes regarding marijuana.

COUNCIL ACTION: Start Time: 11:19 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
12/20/2021 Adjourned
12/21/2021 Adjourned
12/27/2021 Adjourned
12/28/2021 Adjourned
01/03/2022 Adjourned
01/04/2022 Adjourned
COUNCIL ACTION: Start Time: 10:04 AM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, January 25, 2022
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

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

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

Item 30: SD Lunar New Year Festival Week.

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

APPROVED
Proclaiming the week of January 28 through February 4, 2022, to be “SD Lunar New Year Festival Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:11 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item 31: E. T. Perry Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming January 13, 2022, to be “E. T. Perry Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:11 AM
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, January 25, 2022
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item 32: Anna L. McPherson Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming January 27, 2022, to be “Anna L. McPherson Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:11 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item 33: Kyle Elser Day.

COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming February 1, 2022, to be “Kyle Elser Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:11 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, January 25, 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 50: Request to Exempt One Program Coordinator Position in the Planning Department from Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact with this action. Any FY 2022 costs will be covered by salary savings. The position will be requested for appropriation as part of the FY 2023 budget process.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-71) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 8, 2022 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Planning Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 2, 2021. The position will develop and implement policies and procedures related to funds management, capital improvement project appropriations, financial reporting, and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Planning: Marco Camacho, (619) 235-5216
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, January 25, 2022
Item 51: 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:

Adopt the following Ordinance which was introduced on 1/11/2022, Item 50. (Council voted 9- 0):
(O-2022-65) ADOPTED AS ORDINANCE O-21423 (New Series)
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
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 Marni von Wilpert.

Passed by the following vote:

Item 52: 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.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, January 25, 2022
Total Estimated Cost of Proposed Action and Funding Source:

The total costs for this agreement with Rick Engineering Company is $3,077,440. 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:

Adopt the following Ordinance which was introduced on 1/11/2022, Item 51. (Council voted 9- 0):
(O-2022-70 Cor. Copy) ADOPTED AS ORDINANCE O-21424 (New Series) 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: 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 Marni von Wilpert.

Passed by the following vote:

Item 53: 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.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, January 25, 2022
Council District(s) Affected: 7.

Proposed Actions:

Adopt the following Ordinance which was introduced on 1/11/2022, Item 52. (Council voted 9- 0):
(O-2022-73) ADOPTED AS ORDINANCE O-21425 (New Series)
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.

Passed by the following vote:

Item 54: 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.

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, January 25, 2022
Proposed Actions:

Adopt the following Ordinance which was introduced on 1/11/2022, Item 53. (Council voted 9- 0):
(O-2022-72) ADOPTED AS ORDINANCE O-21426 (New Series)
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 fiveyears for an additional 12 months, for a not-to-exceed total of 6-years. 6 votes required pursuant to Charter Section 99.

Passed by the following vote:

Item 55: 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:

Adopt the following Ordinance which was introduced on 1/11/2022, Item 54. (Council voted 9- 0):

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, January 25, 2022
(O-2022-69) ADOPTED AS ORDINANCE O-21427 (New Series)
Ordinance authorizing the 12-month extension to the Multiple Award Construction Contract for water, wastewater, and stormwater pipeline projects (K-15-1293-MAC-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: N/A
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 DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 56: 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 from the Large Diameter Water Transmission PPL within fund 700010.

Council District(s) Affected: 2, 6.

Proposed Actions:

Adopt the following Ordinance which was introduced on 1/11/2022, Item 55. (Council voted 9- 0):
(O-2022-74 Cor. Copy) ADOPTED AS ORDINANCE O-21428 (New Series) Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, January 25, 2022
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 (K16-1306-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: N/A
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 DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 57: 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:

Adopt the following Ordinance which was introduced on 1/11/2022, Item 330. (Council voted 9- 0):
(O-2022-66) ADOPTED AS ORDINANCE O-21429 (New Series)
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, Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, January 25, 2022
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: N/A
Debt Management: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 58: 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 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:

Adopt the following Ordinance, which was introduced on 1/11/2022, item S505. (Council voted 9-0)
(O-2022-67) ADOPTED AS ORDINANCE O-21430 (New Series)
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- Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, January 25, 2022
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
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 DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 100: Resolution Approving an Extension to the Temporary Exception to Article 19, Section F of the Memorandum of Understanding between the City and San Diego City Firefighters, I.A.F.F., Local 145, Regarding Out-of-Class Assignments for the Fire Engineer Classification.

Total Estimated Cost of Proposed Action and Funding Source:

This action is cost neutral as the Fire-Rescue Department would not be required to mandatory employees on overtime into the Fire Engineer classification at premium overtime rate, but instead could utilize the OCA for a regular duty assignment.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-233) ADOPTED AS RESOLUTION R-313866
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, I.A.F.F., Local 145, for a temporary exception to Article 19 of the Memorandum of Understanding regarding out-of-class assignments for the Fire Engineer classification.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, January 25, 2022
Human Resources: Curt Glaser, (619) 533-4413
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 101: Settlement of Zacharias Lutich v City of San Diego, et al., San Diego Superior Court Case No. 37-2019-00026846-CU-PO-CTL, Risk Claim No. 21981.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $450,000.00 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-205) ADOPTED AS RESOLUTION R-313867
Resolution authorizing the settlement of Zacharias Lutich v City of San Diego, et al., San Diego Superior Court Case No. 37-2019-00026846-CU-PO-CTL, related to a complaint for personal injuries as a result of a scooter accident that occurred on February 24, 2019, in front of 547 9th Avenue in the City of San Diego. Risk No. 21981.

Committee Actions Taken: N/A
Office of the City Attorney: Kelly L. McGeehan, (619) 533-5884 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, January 25, 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 102: Settlement of Raul Ceballos v City of San Diego, et al. (and consolidated case Israel Mendoza v City of San Diego), San Diego Superior Court Case No. 37-2018-00064075-CU-POCTL (consolidated with San Diego Superior Court Case No. 37-2019-00036372-CU-PO-CTL), Risk Claim No. 19772.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $1,100,000.00 will be paid from the Water Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-204) ADOPTED AS RESOLUTION R-313868
Resolution authorizing the settlement of Raul Ceballos v City of San Diego, et al. (and consolidated case Israel Mendoza v City of San Diego), San Diego Superior Court Case No. 37- 2018-00064075-CU-PO-CTL (consolidated with San Diego Superior Court Case No. 37-2019- 00036372-CU-PO-CTL), related to a complaint for injuries allegedly caused as a result of having laid a fire hose across active lanes of traffic in the 4500 block of Morena Boulevard on February 15, 2018. Risk No. 19772.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, January 25, 2022
Item 103: Settlement of Midwest Investment Properties v. City of San Diego, San Diego Superior Court Case No. 37-2020-00048406-CU-EI-CTL, Claim No. 25781.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $230,000.00 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-216) ADOPTED AS RESOLUTION R-313869
Resolution authorizing the settlement of Midwest Investment Properties v. City of San Diego, San Diego Superior Court Case No. 37-2020-00048406-CU-EI-CTL, related to a complaint for damage to their property from tree roots. The trees are located at 1517 and 1521 30th Street in the Golden Hill area and are owned by the City of San Diego. Risk No. 25781.

Committee Actions Taken: N/A
Office of the City Attorney: Lucy A. Manfre, (619) 533-5651 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 330: Resolution Establishing the City of San Diego's Compensation Philosophy.

Total Estimated Cost of Proposed Action and Funding Source:

At this time, there is no known fiscal impacts associated with the City’s Compensation Philosophy. Actual financial impacts will be determined and provided upon submission of the City’s recommendation to City Council to approve wage or compensation adjustments proposed during contract negotiations or meet and confer processes under the MMBA.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, January 25, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-232) ADOPTED AS RESOLUTION R-313871
Resolution adopting a Compensation Philosophy for the City of San Diego regarding City employee compensation.

Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 2:20 PM
MOTION BY RAUL A. CAMPILLO TO DIRECT STAFF TO AMEND THE CITY OF SAN DIEGO COMPENSATION PHILOSOPHY, ON PAGE 1, SECTION “COMPENSATION PHILOSOPHY SUMMARY”, TO INCLUDE THE FOLLOWING LANGUAGE: “COMPENSATION SHOULD BE DATADRIVEN TO ENSURE INTERNAL AND EXTERNAL PAY EQUITY.” Second by Joe Lacava.

Passed by the following vote:

Item 331: This item was removed from the Agenda.

Item 332: Harper Residence - Project No. 665412.

Total Estimated Cost of Proposed Action and Funding Source:

None with this action. All costs associated with the processing of this project are paid from a deposit account maintained by the applicant. No City expenditures are being approved with this action.

Council District(s) Affected: 1.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, January 25, 2022
Proposed Actions:

Approval of a Coastal Development Permit and Site Development Permit for the demolition of the existing single-family residence and construction of a new 4,964-square-foot single-family residence above a 3,290 square foot subterranean garage on a 0.14-acre site located at 8455 El Paseo Grande within the La Jolla Shores Planned District-Single-Family Zone of the La Jolla Community Plan.

Subitem-A: (R-2022-226) ADOPTED AS RESOLUTION R-313872
Resolution adopting Mitigated Negative Declaration No. 665412 and adopting the Mitigation, Monitoring, and Reporting Program for the Project.

Directing the City Clerk to file a Notice of Determination with the Clerk of the Board of Supervisors for the County of San Diego regarding the Project.

Subitem A is not subject to the Mayor's veto.

Subitem-B: (O-2022-75 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 8, 2022
Introduction of an Ordinance approving Coastal Development Permit No. 2434615 and Site Development Permit No. 2434616 and waiving the requirement of a hearing and consideration by the La Jolla Shores Planned District Advisory Board.

Subitem B is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: William Zounes, (619) 687-5942
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 2:44 PM
Public testimony by Daniel Smiechowski.

MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, January 25, 2022
Item S500: Extension of the Special Issues COVID-19 Response and Recovery Committee for an Additional Six Months.

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

Proposed Actions:
(R-2022-251) ADOPTED AS RESOLUTION R-313870
Resolution extending the Special Issues Committee named Committee on COVID-19 Response and Recovery for six months in accordance with temporary Rule 6.11.3 to the Rules of Council.

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

Committee Actions Taken: N/A
Council District 5: Bridget Naso, (619) 236-6655
City Attorney Contact: Paige E. Folkman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

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

Item S501: Jeff Kawar Day.

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

APPROVED
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, January 25, 2022
Proclaiming January 27, 2022, to be “Jeff Kawar Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:11 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S502: Update Regarding the Independent Budget Analyst (IBA) Recruitment and Call for Community and Councilmember Input Regarding Preferred Skills and Qualifications. (Continued from the Council meeting of January 24, 2022, Item 200, at the request of Council President Elo-Rivera, in order to allow the recruiter to be present.) Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Council President's Office: Lydia Van Note, (619) 236-6699 COUNCIL ACTION: Start Time: 2:03 PM

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, January 25, 2022

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:04 p.m. in honor of the memory of:

Dustano “Thomas” Gomez as requested by Councilmember Moreno.

COUNCIL ACTION: Start Time: 3:01 PM

San Diego City CouncilJanuary 25, 2022

San Diego City Council
January 25, 2022