THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, MAY 17, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................4 ATTENDANCE DURING THE MEETING.....................................................................................................................4 ROLL CALL...........................................................................................................................................................................4 PLEDGE OF ALLEGIANCE ...............................................................................................................................................5 CLOSED SESSION .............................................................................................................................................................5 NON-AGENDA PUBLIC COMMENT ........................................................................................................................11
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ...............................................................................................................................................................................................12 SPECIAL ORDERS OF BUSINESS ...............................................................................................................................12 APPROVAL OF COUNCIL MINUTES ........................................................................................................................12 Item 30: Asian Pacific American Heritage Month..............................................................................................13 Item 31: Bike to Work Day..........................................................................................................................................14 Item 32: Surf Shack at Windansea Beach Day ....................................................................................................14 Item 33: Clearity’s Teal Revolution Celebratory Walk Day.............................................................................15 Item 34: World Neurofibromatosis Awareness Day .........................................................................................15 Item 35: Lyme Disease Awareness Month............................................................................................................16 Item 36: Mesa College Men’s Cross Country Day.............................................................................................16 Minutes of Tuesday, May 17, 2022 Page 2
Table of Contents (Continued)
Item 37: Cathi Marx Safety & Security Day..........................................................................................................17 Item 50: Pure Water – Second Amendment to the Agreement with Carollo Engineers, Inc. for Design Engineering Services for the North City Pure Water Facility (H176846)...................................17 Item 51: SAAFE Act: Stop Adolescent Addiction to Flavored E-Cigarettes Act to Regulate the Sale of Flavored Tobacco in the City of San Diego ..........................................................................................18 Item 52: Award a First Amendment to the Original Consultant Contract, H176823A, for the West Mission Bay Drive Bridge Project with Kleinfelder Construction Services, Inc. for the Purpose of Construction Management........................................................................................................................................20 Item 53: Repeal of Pushcarts in the Public Right-of-Way and Business Regulations for Sidewalk Vending .............................................................................................................................................................................21 Item 60: Lease Amendment for City Communications Facility on the US Navy's Consolidated Area Radio Trunking System Complex..................................................................................................................22 Item 100: Communications Department Video System Engineering Services Contract with AVI Systems Inc.......................................................................................................................................................................23 Item 101: A Second Amendment to the Compensation Agreement with Civic San Diego for the Construction of the East Village Green Phase I Project in the Downtown Community Plan Area, Approving Additional Funding and Related Actions .......................................................................................25 Item 102: Second Amendment to Flat Rate Parcel Ground Lease Agreement with Air Center MYF, LLC Covering 7.69 Acres at Montgomery-Gibbs Executive Airport ................................................26 Item 103: Agreement Between the City of San Diego and Deloitte Consulting, LLP for Full-Time SAP Staff Augmentation Technical Support Services ......................................................................................27 Item 104: License Agreement Between the City and San Diego Unified School District for Open Space Trails and Parking at University City High School................................................................................28 Item 105: Grant Agreement with the California Governor’s Office of Emergency Services, Victim Services Branch, Family Justice Center Program, for the Purposes of Expanding the Capabilities of Your Safe Place – A Family Justice Center Within the Office of the City Attorney .........................29 Item 106: Sale of City-Owned Airport Land at 9575 Aero Drive, San Diego, CA.................................30 Item 107: Authorization for the Library Department to Accept, Appropriate, and Expend Grant Funding from the California State Library for Oak Park Branch Library Preliminary Design............31 Minutes of Tuesday, May 17, 2022 Page 3
Table of Contents (Continued)
Item 108: Authorization for the Library Department to Accept, Appropriate, and Expend Grant Funding from the California State Library for Old Logan Heights Library Renovation ........................... ...............................................................................................................................................................................................32 Item 109: Appointments and Reappointments to the International Affairs Board.............................33 Item 110: Appointment to the La Jolla Shores Planned Advisory Board................................................34 Item 111: Appointment to the Consolidated Plan Advisory Board...........................................................35 Item 112: Appointment to the Mobility Board Committee..........................................................................36 Item 330: Sidewalk Vending Permit Fee ..............................................................................................................37 Item 331: Amendment to the Short-Term Residential Occupancy (STRO) Ordinance......................38 Item S500: Reappointments to the Board of Library Commissioners......................................................39 Item S501: Appointment to the Youth Commission.......................................................................................40 Item S502: Reappointment to the Citizens Advisory Board on Police and Community Relations ...............................................................................................................................................................................................41 Item S503: Consideration of Ballot Measure Proposal for the November 2022 Election per Council Policy 000-21- Proposed Amendments to City Charter Regarding City Employee Hiring and Recruitment Practices..........................................................................................................................................41 Item S504: Water Safety And Drowning Prevention Day...............................................................................43 Item S505: National Public Works Week ..............................................................................................................43 REPORT OUT FROM CLOSED SESSION.................................................................................................................44 ADJOURNMENT .............................................................................................................................................................44 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, May 17, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 11:49 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:48 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 4:45 p.m. to convene the Housing Authority. Council President Elo-Rivera reconvened the regular meeting at 4:54 p.m. with all Councilmembers present. Council President Pro Tem Montgomery Steppe left the meeting at 5:04 p.m. The meeting was adjourned by Council President Elo-Rivera at 5:33 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)
*NOTE: Council President Pro Tem Montgomery Steppe participated in the meeting by teleconference.
ROLL CALL
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, May 17, 2022
(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
(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 Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 City of San Diego v. 101 Ash, LLC, et al.
San Diego Superior Court Case No. 37-2020-00036247-CU-CO-CTL Risk Management Department Claim File No. 25855
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 17, 2022
ACAs Assigned: J. McNeill, M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This is a City of San Diego-initiated action for a violation of California Government Code section 1090, seeking a judicial declaration that the lease-to-own contract the City entered related to the 101 Ash Street property is void under the conflicts of interest law. 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: 11:30 AM
Public testimony by Paul Kreuger, Lori Saldaña, John Stump, and Daniel Smiechowski.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, May 17, 2022
Council President Elo-Rivera closed the hearing.
CS-2 John A. Gordon v. 101 Ash, LLC, et al.
San Diego Superior Court Case No. 37-2020-00028837-CU-FR-CTL Risk Management Department Claim File No. 25928
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 17, 2022
ACAs Assigned: J. McNeill, M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This case challenges the lease purchase agreement related to the 101 Ash Street property. The Complaint seeks a declaration that the agreement is void and to prevent any further payments on the lease, and also seeks disgorgement of prior City of San Diego payments. 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: 11:30 AM
Public testimony by Paul Kreuger, Lori Saldaña, John Stump, and Daniel Smiechowski.
Council President Elo-Rivera closed the hearing.
CS-3 City of San Diego v. CCP 1200, LLC, et al.
San Diego Superior Court Case No. 37-2021-00028026-CU-ER-CTL Risk Management Department Claim File No. 28384
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 17, 2022
ACAs Assigned: J. McNeill, M. T. Phelps
Outside Counsel: Dick Semerdjian, Schwartz Semerdjian
This is a City of San Diego-initiated action for a violation of California Government Code section 1090 seeking a judicial declaration that the lease-to-own contract the City entered related to the Civic Center Plaza building located at 1200 Third Avenue and 201 A Street is void under the Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, May 17, 2022
conflicts of interest law. 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: 11:30 AM
Public testimony by Paul Kreuger, Lori Saldaña, and John Stump.
Council President Elo-Rivera closed the hearing.
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:
CS-4 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
Kristina Peralta, Deputy Chief Operating Officer
Jessica Lawrence, Director of Policy, Office of the Mayor Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jeremy Culuko, Deputy Director, Human Resources Department Erik Hanson, Supervising Human Resources Officer, Human Resources Department Dan Mottola, 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 Peaches Howell, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Interim Senior Human Resources Officer, Human Resources Department Manuel Quintero, 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 Dianne Mitra, Associate Human Resources Analyst, Human Resources Department Julio Canizal, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Rolando Charvel, Department of Finance Director and City Comptroller Sally Rubi, Financial Operations Manager, Department of Finance Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, May 17, 2022
Ambar Gutierrez, Interim Principal Accountant, Department of Finance Virgilio Afan Jr., Interim Program Coordinator, Department of Finance 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 Gerboth, Deputy Fire Chief, Fire-Rescue Department David Nisleit, Police Chief, Police Department
Chris Mcgrath, Executive Assistant Chief, Police Department Terence Charlot, 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 withthe Deputy City Attorneys Association
John Hemmerling, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorney’s 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):
Charles Modica, 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 Kristin Zlotnik, Chief Deputy City Attorney, Office of the City Attorney Joan Dawson, Senior Deputy City Attorney, Office of the City Attorney Alison Adema, Senior Deputy City Attorney, Office of the City Attorney Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:
American Federation of State, County and Municipal Employees, Local 127 (AFSCME Local 127)
Deputy City Attorneys Association (DCAA)
San Diego City Firefighters, International Association of Fire Fighters, Local 145 Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, May 17, 2022
San Diego Municipal Employees’ Association (MEA)
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 17, 2022
ACA Assigned: J. McNeill
The purpose of this Closed Session matter is to review the City of San Diego’s position and instruct the City’s labor negotiators regarding the Fiscal Year 2023 contract negotiations with the City’s recognized employee organizations.
COUNCIL ACTION: Start Time: 11:30 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-5 Alex Montoya, et al v. City of San Diego, et al.
United States District Court Case No. 19cv00054-JM (BGS) Risk Management Department Claim File No 21553
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 17, 2022
DCA Assigned: Danna W. Nicholas
Outside Counsel: Dan Woods, Esq., Musick, Peeler & Garrett This case arises from litigation in which Plaintiffs claim the City of San Diego’s policies and practices related to shared mobility devices deny people with visual and mobility impairments from meaningfully accessing the City’s public rights-of-way. 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: 11:30 AM
Public testimony by Lori Saldaña.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, May 17, 2022
Council President Elo-Rivera closed the hearing.
CS-6 City of San Diego v. Wheels Lab, Inc., et al.
San Diego Superior Court Case No. 37-2021-00046487-CU-BC-CTL REFERRED TO CLOSED SESSION OF TUESDAY, MAY 17, 2022
DCA Assigned: Danna W. Nicholas
The City of San Diego initiated this litigation because shared mobility operators failed to timely comply with their contractual obligation to defend the City of San Diego in litigation related to the operation of their shared mobility devices. 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: 11:30 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
CS-7 Beatriz Zarza v. City of San Diego
San Diego Superior Court Case No. 37-2020-00043459-CU-PO-CTL Risk Management Department Claim File No. 23588
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 17, 2022
DCA Assigned: K. McGeehan
This case arises from a personal injury accident when Plaintiff allegedly tripped and fell in a pothole as she exited her car in the 900 block of 13th Street in San Diego on May 1, 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: 11:30 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, May 17, 2022
CS-8 Judith Pfohl v. City of San Diego
San Diego Superior Court Case No. 37-2020-00031287-CU-PO-CTL Risk Management Department Claim File No. 24038
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 17, 2022
DCA Assigned: K. McGeehan
This case arises from a personal injury accident when Plaintiff allegedly fell out of her wheelchair as she was being pushed across the street at the intersection of Imperial Avenue and 16th Street in San Diego on July 30, 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: 11:30 AM
Public testimony by Lori Saldaña.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1 (virtual):
John Stump commented on Council Chambers and homelessness.
COUNCIL ACTION: Start Time: 5:22 PM
PUBLIC COMMENT-2 (virtual):
Becky Rapp commented on mental health awareness and suicide.
COUNCIL ACTION: Start Time: 5:23 PM
PUBLIC COMMENT-3 (virtual):
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, May 17, 2022
Judi Strang commented on the Latino community and tobacco retailers.
COUNCIL ACTION: Start Time: 5:25 PM
PUBLIC COMMENT-4 (virtual):
Terri-Ann Skelly commented on marijuana businesses.
COUNCIL ACTION: Start Time: 5:27 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.
SPECIAL ORDERS OF BUSINESS
None.
APPROVAL OF COUNCIL MINUTES
APPROVED
4/4/2022
4/5/2022
COUNCIL ACTION: Start Time: 10:06 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, May 17, 2022
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 30: Asian Pacific American Heritage Month.
MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, AND COUNCILMEMBER CATE'S RECOMMENDATION:
APPROVED
Proclaiming May 2022, to be “Asian Pacific American Heritage Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 5:05 PM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 31: Bike to Work Day.
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LACAVA'S RECOMMENDATION:
APPROVED
Proclaiming May 19, 2022 to be “Bike to Work Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 5:05 PM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, May 17, 2022
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 32: Surf Shack at Windansea Beach Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
APPROVED
Proclaiming March 20, 2022 as the “Surf Shack at Windansea Beach Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 5:05 PM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 33: Clearity’s Teal Revolution Celebratory Walk Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
APPROVED
Proclaiming May 22, 2022, to be “Clearity’s Teal Revolution Celebratory Walk Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 5:05 PM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, May 17, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 34: World Neurofibromatosis Awareness Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
APPROVED
Proclaiming May 17, 2022, to be “World Neurofibromatosis Awareness Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 5:05 PM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 35: Lyme Disease Awareness Month.
MAYOR GLORIA, COUNCILMEMBER LACAVA, AND COUNCILMEMBER CATE'S RECOMMENDATION:
APPROVED
Proclaiming the month of May 2022 to be “Lyme Disease Awareness Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 5:05 PM
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, May 17, 2022
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 36: Mesa College Men’s Cross Country Day.
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER CATE'S RECOMMENDATION:
APPROVED
Proclaiming May 19, 2022, to be “Mesa College Men’s Cross Country Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 5:05 PM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 37: Cathi Marx Safety & Security Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
APPROVED
Proclaiming May 13, 2022, to be “Cathi Marx Safety & Security Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 5:05 PM
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, May 17, 2022
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 50: Pure Water – Second Amendment to the Agreement with Carollo Engineers, Inc. for Design Engineering Services for the North City Pure Water Facility (H176846).
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this Second Amendment to the agreement will increase the cost by $5,695,272, for a total contract amount of $32,569,474 over the 10-year term of the agreement. Funds will come from the Capital Improvements Program.
Council District(s) Affected: 1.
Proposed Actions:
(O-2022-102) INTRODUCED TO BE ADOPTED, TUESDAY, JUNE 14, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the contract with Carollo Engineers, Inc., extending the contract an additional five years in an amount not-to-exceed $5,695,272 for a total contract amount of $32,569,474, to provide design engineering services in connection with the North City Pure Water Facility project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on April 21, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, May 17, 2022
Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 51: SAAFE Act: Stop Adolescent Addiction to Flavored E-Cigarettes Act to Regulate the Sale of Flavored Tobacco in the City of San Diego.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinances which were introduced on 4/25/2022, Item 600, Subitem A and Subitem B (Council voted 7-2, Councilmember Cate, Councilmember Moreno- nay):
Subitem-A: (O-2022-78 COR. COPY) ADOPTED AS ORDINANCE O-21455 (New Series) Ordinance amending Chapter 3, Article 3, Division 45 and Chapter 5, Article 8, Division 3 of the San Diego Municipal Code relating to the sale and advertising of tobacco products and electronic cigarettes to persons under 21 years of age.
Subitem-B: (O-2022-79 Cor. Copy 2) ADOPTED AS ORDINANCE O-21456 (New Series) Ordinance amending Chapter 4, Article 2, of the San Diego Municipal Code by adding Division 16, sections 42.1601, 42.1602, 42.1603 prohibiting the sale of flavored tobacco products.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, May 17, 2022
Council District 5: Quinton Grounds, (619) 235-5297
City Attorney Contact: Lara Easton
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Sean Elo-Rivera;
Nay: Chris Cate, Vivian Moreno;
Recused: (None);
Not Present: (None).
Item 52: Award a First Amendment to the Original Consultant Contract, H176823A, for the West Mission Bay Drive Bridge Project with Kleinfelder Construction Services, Inc. for the Purpose of Construction Management.
Total Estimated Cost of Proposed Action and Funding Source:
Award First Amendment for an amount not-to-exceed $2,062,597.56, of which, $1,705,683.06 from Federal, (Grant, W. Mission Bay Bridge Construction); and 356,914.50 from, TransNet Extension RTCI Fee, over a term of 39 months for West Mission Bay Dr. Bridge project.
Council District(s) Affected: 2.
Proposed Actions:
Adopt the following ordinance which was introduced on 4/26/2022, Item 50 (Council voted 9-0):
(O-2022-100) ADOPTED AS ORDINANCE O-21457 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Kleinfelder Construction Services, Inc. for additional construction management services in an amount not-to-exceed $2,062,597.56, and extend the term of the Agreement an additional 39 months, in connection with the West Mission Bay Drive Bridge project. 6 votes required pursuant to Charter Section 99.
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, May 17, 2022
Committee Actions Taken: N/A
Engineering & Capital Projects: Alex Garcia, (858) 627-3287 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 53: Repeal of Pushcarts in the Public Right-of-Way and Business Regulations for Sidewalk Vending.
Total Estimated Cost of Proposed Action and Funding Source:
The cost to administer sidewalk vending applications has not yet been determined. City staff is currently determining cost associated with the implementation, education/outreach, permitting and enforcement.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 3/1/2022, Item S504, Subitem B. (Council voted 8-1, Councilmember Moreno- nay):
Subitem A: (O-2022-45 REV.) ADOPTED AS ORDINANCE O-21458 (New Series) Ordinance amending Chapter 12, Article 6, Division 2 of the San Diego Municipal Code by amending Section 126.0203; amending Chapter 12, Article 9, Division 7 by amending Section 129.0710; amending Chapter 13, Article 1, Division 2 by amending Section 131.0222; amending Chapter 13, Article 1, Division 3 by amending Section 131.0322; amending Chapter 13, Article 1, Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, May 17, 2022
Division 4 by amending Section 131.0422; amending Chapter 13, Article 1, Division 5 by amending Section 131.0522; amending Chapter 13, Article 1, Division 6 by amending Section 131.0622; amending Chapter 13, Article 2, Division 15 by amending Section 132.1510; amending Chapter 14, Article 1, Division 6 by amending Section 141.0619; amending Chapter 15, Article 5, Division 2 by amending Section 155.0238; amending Chapter 15, Article 6, Division 3 by amending Section 156.0308; amending Chapter 15, Article 7, Division 3 by amending Section 157.0304; and amending Chapter 15, Article 16, Division 1 by amending Sections 1516.0112, 1516.0117, and 1516.0122, all relating to pushcarts.
Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 3/1/2022, Item S504, Subitem C. (Council voted 8-1, Councilmember Moreno-nay):
Subitem B: (O-2022-43 REV. 2) ADOPTED AS ORDINANCE O-21459 (New Series) Ordinance amending Chapter 3 of the San Diego Municipal Code by adding Article 6, Division 1, Sections 36.0101 through 36.0116; and amending Chapter 5, Article 4, Division 1 by amending Section 54.0105, all relating to sidewalk vending.
Committee Actions Taken: N/A
Council District 2: Venus Molina, (619) 236-6622
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Raul Campillo.
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).
Item 60: Lease Amendment for City Communications Facility on the US Navy's Consolidated Area Radio Trunking System Complex.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, May 17, 2022
Rent and maintenance/utilities will be budgeted from the Wireless Communications Technology Fund. The Rent Schedule is as follows:
Year 14: 1 September 2022 through 31 August 2023: $49,820.00 Year 15: 1 September 2023 through 31 August 2024 $51,315.00 Council District(s) Affected: 1.
Proposed Actions:
Subitem-A: (R-2022-483) ADOPTED AS RESOLUTION R-314098
Resolution determining that execution of a fifth amendment to the City's lease with the U.S. Navy for a portion of the Navy-owned property located on Mt. Soledad and commonly known as the Consolidated Area Radio Trunking System Complex is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (O-2022-104) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 14, 2022 Introduction of an Ordinance authorizing execution of a fifth amendment to the City's lease with the U.S. Navy for a portion of the Navy-owned property located on Mt. Soledad and commonly known as the Consolidated Area Radio Trunking System Complex and related actions. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
Department of Real Estate and Airport Management: Nicole McGinnis, (619) 236-6987 City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION IN SUBITEM A AND INTRODUCE THE ORDINANCE ON SUBITEM B. Second by Raul Campillo.
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).
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, May 17, 2022
Item 100: Communications Department Video System Engineering Services Contract with AVI Systems Inc.
Total Estimated Cost of Proposed Action and Funding Source:
To expend an amount not-to-exceed $2,400,000, from the City’s Public, Educational and Government Access Fund and General Fund, over the five (5) year term of the Contract.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-456) ADOPTED AS RESOLUTION R-314099
Resolution authorizing the Mayor, or his designee, to execute a Consultant Services Contract with AVI Systems Inc., to provide video system engineering, design, consulting, installation, and maintenance services of new and existing audio/visual equipment for the City, in an amount notto-exceed $2,400,000 over the five (5) year term of the Contract, and related funding actions.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on April 20, 2022.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Cate, to recommend Council approval of staff's recommendation.
VOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Cate-yea, Campillo-yea.
Communications: Nicole Darling, (619) 533-4555
City Attorney Contact: Markecia Simmons
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
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 24 for the Regular Meeting of Tuesday, May 17, 2022
Recused: (None);
Not Present: (None).
Item 101: A Second Amendment to the Compensation Agreement with Civic San Diego for the Construction of the East Village Green Phase I Project in the Downtown Community Plan Area, Approving Additional Funding and Related Actions.
Total Estimated Cost of Proposed Action and Funding Source:
The requested actions appropriate additional funding in the amount of $22,324,709 from Fund 400122, Downtown DIF; Fund 400851, Park & Market Parking Garage; Fund 400852, 6th & K Parking Garage; and Fund 400850, FAR. The remaining funds are from a contribution of $3,375,000 of FAR funds held by Civic and Deferred Fee Project Payments from Downtown DIF and FAR in the amount of $4,975,291 for a total Project Budget of $79,560,000.
Council District(s) Affected: 3.
Proposed Actions:
(R-2022-464) ADOPTED AS RESOLUTION R-314100
Resolution of the Council of the City of San Diego authorizing a Second Amendment to a Compensation Agreement between the City of San Diego and Civic San Diego for construction of East Village Green Phase I in the Downtown Community Plan Area, and approving funding, and related actions.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on April 13, 2022.
ACTION: Motion by Vice Chair Cate, second by Chair Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 10:09 AM
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, May 17, 2022
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: Joe LaCava;
Recused: (None);
Not Present: (None).
Item 102: Second Amendment to Flat Rate Parcel Ground Lease Agreement with Air Center MYF, LLC Covering 7.69 Acres at Montgomery-Gibbs Executive Airport.
Total Estimated Cost of Proposed Action and Funding Source:
This is a revenue generating action. See the Staff Report, Fiscal Considerations section for additional information.
Council District(s) Affected: 6.
Proposed Actions:
(R-2022-463) ADOPTED AS RESOLUTION R-314101
Resolution of the Council of the City of San Diego approving the Second Amendment to Flat Rate Parcel Ground Lease with Air Center MYF, LLC, for up to 7.69 acres of unimproved land located at Montgomery-Gibbs Executive Airport.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on April 21, 2022.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Cate, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.
Department of Real Estate and Airport Management: Thurman Hodges, (858) 573-1426 City Attorney Contact: William W. Witt
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, May 17, 2022
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 103: Agreement Between the City of San Diego and Deloitte Consulting, LLP for Full-Time SAP Staff Augmentation Technical Support Services.
Total Estimated Cost of Proposed Action and Funding Source:
This request is for a not-to-exceed amount of $23,000,000, over a period of 5 years. This will be funded by the OneSD Fund which is reimbursed by annual citywide allocation and is contingent on City Council approval of individual fiscal year or five-year budget plans.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-457) ADOPTED AS RESOLUTION R-314102
Resolution authorizing the Mayor, or his designee, to enter into a Contract with Deloitte Consulting, LLP, in an amount not-to-exceed $23,000,000, for the provision of full-time staff augmentation technical support services to maintain the City of San Diego’s SAP system.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on April 13, 2022.
ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member Moreno, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, May 17, 2022
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 104: License Agreement Between the City and San Diego Unified School District for Open Space Trails and Parking at University City High School.
Total Estimated Cost of Proposed Action and Funding Source:
No cost for License Agreement with San Diego Unified School District. City of San Diego shall perform brush trimming to maintain the existing access path/trail, through the existing General Fund, Open Space Division Brush ranger program.
Council District(s) Affected: 1.
Proposed Actions:
Subitem-A: (R-2022-472) ADOPTED AS RESOLUTION R-314103
Resolution determining that entering into a License Agreement with San Diego Unified School District is exempt from the California Environmental Quality Act pursuant to Sections 15301 and 15304 of the CEQA Guidelines.
Subitem-B: (R-2022-471) ADOPTED AS RESOLUTION R-314104
Resolution authorizing the Mayor, or his designee, to enter into a License Agreement with San Diego Unified School District for the use of a parking lot and trails at University City High School.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on April 21, 2022.
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, May 17, 2022
ACTION: Motion by Vice Chair LaCava, second by Committee Member Cate, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.
Parks & Recreation: Laura Ball, (619) 685-1301
City Attorney Contact: Marco A. Verdugo
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 105: Grant Agreement with the California Governor’s Office of Emergency Services, Victim Services Branch, Family Justice Center Program, for the Purposes of Expanding the Capabilities of Your Safe Place – A Family Justice Center Within the Office of the City Attorney.
Total Estimated Cost of Proposed Action and Funding Source:
No cost. Total revenue applied for in this grant is $453,569.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-436) ADOPTED AS RESOLUTION R-314105
Resolution to accept, appropriate, and expend a $453,569 grant from the California Office of Emergency Services, Victim Services Branch, Family Justice Center Program, on behalf of Your Safe Place-A Family Justice Center within the Office of the City Attorney, and authorize the San Diego City Attorney to execute the grant agreement, including any amendments, extensions, or renewals that may become necessary.
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, May 17, 2022
Committee Actions Taken: N/A
Office of the City Attorney: Diane Doherty, (619) 533-6000 City Attorney Contact: Justin R. Bargar
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 106: Sale of City-Owned Airport Land at 9575 Aero Drive, San Diego, CA.
Total Estimated Cost of Proposed Action and Funding Source:
Proceeds from the sale ($3,424,650), net of costs related to the sale, will be deposited into the CIP fund 700030, Montgomery Field Spec Aviation, and the associated $100 Independent Consideration will be deposited into the Airport Management Enterprise Fund 700033. The Independent Consideration is payment for the City agreeing to enter into the contract itself and is not dependent upon the Property actually being sold.
Council District(s) Affected: 6.
Proposed Actions:
Subitem-A: (R-2022-476) ADOPTED AS RESOLUTION R-314106
Resolution determining that the City's sale of its undivided 51 percent interest as a tenant in common in the real property located at 9575 Aero Drive, San Diego, California is exempt from the California Environmental Quality Act Pursuant to Section 15312 of the CEQA Guidelines.
Subitem-B: (R-2022-477) ADOPTED AS RESOLUTION R-314107
Resolution authorizing the City's sale of its undivided 51 percent interest as a tenant in common in the real property located at 9575 Aero Drive, San Diego, California and related actions.
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, May 17, 2022
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on April 21, 2022.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Cate, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.
Department of Real Estate and Airport Management: Mary Carlson, (619) 236-6079 City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 107: Authorization for the Library Department to Accept, Appropriate, and Expend Grant Funding from the California State Library for Oak Park Branch Library Preliminary Design.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to take all necessary actions to secure funding from the California State Library for an amount not-to-exceed $300,000.00, for a grant opportunity to be used for preliminary design work for a new Oak Park Branch Library.
Council District(s) Affected: 4.
Proposed Actions:
(R-2022-442) ADOPTED AS RESOLUTION R-314108
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, May 17, 2022
Resolution authorizing the Mayor, or his designee, to make application(s) to The California State Library and take all necessary actions to secure funding in an amount not-to-exceed $300,000.00, in Fund 600001, for the Oak Park Branch Library Preliminary Design project; and authorizing the Chief Financial Officer to increase the Fiscal Year 2022 Library Budget, and to accept, appropriate, and expend an amount not-to-exceed $300,000.00, for the purpose of the Oak Park Branch Library Preliminary Design project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.
Committee Actions Taken: N/A
Library: Raul Gudino, (619) 236-5889
City Attorney Contact: Jon D. Dwyer
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 108: Authorization for the Library Department to Accept, Appropriate, and Expend Grant Funding from the California State Library for Old Logan Heights Library Renovation.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to take all necessary actions to secure funding from the California State Library for an amount not-to-exceed $2,400,000.00, for a grant opportunity for the renovation of the old Logan Heights Library into a community building that could serve a variety of purposes.
Council District(s) Affected: 8.
Proposed Actions:
(R-2022-441) ADOPTED AS RESOLUTION R-314109
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, May 17, 2022
Resolution authorizing the Mayor, or his designee, to make application(s) to The California State Library and take all necessary actions to secure funding in an amount not-to-exceed $2,400,000.00, in Fund 600001, for the old Logan Heights Library Renovation project; and authorizing the Chief Financial Officer to increase the Fiscal Year 2022 Library Budget, and to accept, appropriate and expend an amount not-to-exceed $2,400,000.00, for the purpose of the old Logan Heights Library Renovation project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.
Committee Actions Taken: N/A
Library: Raul Gudino, (619) 236-5889
City Attorney Contact: Jon D. Dwyer
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 109: Appointments and Reappointments to the International Affairs Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 2, 3, 5, 7, 8.
Proposed Actions:
(R-2022-459) ADOPTED AS RESOLUTION R-314110
Resolution confirming the Mayor's appointments of Miri Ketayi, Paul Marttila, Sydney Roff, and Joel Valenzuela for terms ending March 1, 2023, appointments of Lucas Coleman and Leila Naderi for terms ending March 1, 2024, and reappointments of Melissa Floca, Karen Higareda, and Kenia Zamarripa for terms ending March 1, 2024, to the International Affairs Board.
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, May 17, 2022
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 110: Appointment to the La Jolla Shores Planned Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1.
Proposed Actions:
(R-2022-479) ADOPTED AS RESOLUTION R-314111
Resolution confirming the Mayor's appointment of Kathleen Neil to the La Jolla Shores Planned District Advisory Board for a term ending April 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, May 17, 2022
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 111: Appointment to the Consolidated Plan Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1.
Proposed Actions:
(R-2022-455) ADOPTED AS RESOLUTION R-314112
Resolution confirming the Mayor's appointment of E. Yegin Chen to the Consolidated Plan Advisory Board for a term ending July 1, 2023.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
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).
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, May 17, 2022
Item 112: Appointment to the Mobility Board Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2.
Proposed Actions:
(R-2022-480) ADOPTED AS RESOLUTION R-314113
Resolution confirming the Mayor's appointment of Barbarah Torres to the Mobility Board for a term ending February 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 330: Sidewalk Vending Permit Fee.
Total Estimated Cost of Proposed Action and Funding Source:
The on-going cost is expected to be $5.17 million annually. Estimated revenue of $230,000 associated with the sidewalk vendor permit fee is expected annually.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, May 17, 2022
Proposed Actions:
(R-2022-460 REV.) ADOPTED AS AMENDED AS RESOLUTION R-314117 Resolution adopting a fee for the implementation and issuance of a sidewalk vending permit pursuant to Chapter 3, Article 6, Division 1 of the San Diego Municipal Code, waiving Council Policy 100-05, and amending the Ratebook of City Fees and Charges maintained by the Office of the City Clerk.
Committee Actions Taken: N/A
Office of the City Treasurer: Ricardo Ramos, (619) 236-5557 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 3:47 PM
Public testimony by Ted Womack, Sergio Jimenez, Ian Surelo, John Stump, and Donna YeratRodriguez.
MOTION BY JENNIFER CAMPBELL TO ADOPT THE RESOLUTION AS AMENDED TO LOWER THE
PERMIT FEE FOR THE FIRST YEAR OF IMPLEMENTATION AND ASK CITY STAFF TO RETURN TO
COUNCIL FOR REVIEW AND ANALYSIS OF DATA AND COSTS TO DETERMINE ANY FEE MODIFICATIONS. Second by Raul A. Campillo.
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).
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT THE RESOLUTION AS FURTHER AMENDED TO LOWER THE PERMIT FEE TO $38 FOR THE FIRST YEAR OF IMPLEMENTATION.
Second by Sean Elo-Rivera.
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).
Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, May 17, 2022
Item 331: Amendment to the Short-Term Residential Occupancy (STRO) Ordinance.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost this fiscal year is projected to be $521,796. This amount includes the one-time costs for implementation of the phone system and the licensing software. In addition, as of February 21, 2022, the Office of the City Treasurer filled its Program Manager position.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-103) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 14, 2022 Introduction of an Ordinance amending Chapter 5, Article 10, Division 1 of the San Diego Municipal Code by amending Sections 510.0102 and 510.0104, and adding new Section 510.0112 relating to accepting the California Coastal Commission's suggested modifications required for certification of the City's Short-Term Residential Occupancy Regulations.
Committee Actions Taken: N/A
Planning: Melissa Garcia, (619) 236-6173
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 4:54 PM
Public testimony by John Stump.
MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, May 17, 2022
Item S500: Reappointments to the Board of Library Commissioners.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures with this action.
Council District(s) Affected: 3, 5.
Proposed Actions:
(R-2022-490) ADOPTED AS RESOLUTION R-314114
Resolution confirming the Mayor's reappointments to the Board of Library Commissioners of Ben Moraga and Elizabeth Hansen to terms ending March 1, 2024, and Wendy Urushima-Com to a term ending March 1, 2023.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item S501: Appointment to the Youth Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures with this action.
Council District(s) Affected: 1.
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, May 17, 2022
Proposed Actions:
(R-2022-486) ADOPTED AS RESOLUTION R-314115
Resolution confirming the Mayor's appointment of Yvania M. Rubio to the City of San Diego Youth Commission for a term ending July 1, 2022.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin R. Bargar
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item S502: Reappointment to the Citizens Advisory Board on Police and Community Relations.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures with this action.
Council District(s) Affected: 4.
Proposed Actions:
(R-2022-489) ADOPTED AS RESOLUTION R-314116
Resolution confirming the Mayor's reappointment of Samantha Jenkins to the Citizens Advisory Board on Police/Community Relations for a term ending January 1, 2024.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, May 17, 2022
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item S503: Consideration of Ballot Measure Proposal for the November 2022 Election per Council Policy 000-21- Proposed Amendments to City Charter Regarding City Employee Hiring and Recruitment Practices.
Total Estimated Cost of Proposed Action and Funding Source:
There is a cost associated with placing each individual ballot measure on the November 2020 ballot, which will be addressed when individual measures are considered by the full City Council.
The City Clerk can advise the Council on this matter at the time the measures are considered by the full Council.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-481 Cor. Copy) ADOPTED AS RESOLUTION R-314118
Directing the City's management team for labor relations to engage in collective bargaining, as required by the Meyers-Milias-Brown Act, related to a proposed measure to amend the City Charter, intended to reform the City's recruitment, hiring, and other personnel-related processes through organizational changes and appointing Councilmember as City representative for bargaining.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on April 20, 2022.
Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, May 17, 2022
ACTION: Motion by Committee Member Cate, second by Committee Member Campillo, to approve staff's recommendation.
VOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Cate-yea, Campillo-yea.
Council District 5: Justin Garver, (619) 236-7020
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 2:52 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Chris Cate.
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 S504: Water Safety And Drowning Prevention Day.
MAYOR GLORIA AND COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
APPROVED
Proclaiming May 20, 2022, to be “Water Safety and Drowning Prevention Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 5:05 PM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, May 17, 2022
Not Present: Monica Montgomery Steppe.
Item S505: National Public Works Week.
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming the week of May 15 – 21 as “National Public Works Week” in the City of San Diego.
COUNCIL ACTION: Start Time: 5:05 PM
MOTION BY JOE LACAVA TO APPROVE. Second by Chris Cate.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:33 p.m. in honor of the memory of:
Ms. Judith Harris as requested by Councilmember LaCava; and Ms. Lucille Carter as requested by Council President Elo-Rivera.
COUNCIL ACTION: Start Time: 5:29 PM