Minutes — San Diego City Council, May 24, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, MAY 24, 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 ..........................................................................................................................5 PLEDGE OF ALLEGIANCE......................................................................................................5 CLOSED SESSION................................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................8

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS .........................................................................................10 Item 30: Dr. Deborah Zajchowski Day ................................................................................11 Item 50: Pure Water Program – Amendment No. 1 to the Agreement with CH2M Hill Engineers, Inc. for Engineering Services for the Design of the North City Metropolitan Biosolids Center (MBC) Improvements Project (H176825) .............................................................................11 Item 51: Exemption of One Program Manager Position in the Compliance Department from the Classified Service ...............................................................................................................12 Item 52: Ordinance of the Council Approving Revisions to the Exhibits for Fiscal Year 2023 Salary Ordinance Related to Special Salary Adjustments (SSAs) for Specified Unrepresented Classifications ....................................................................................................................13 Item 53: Housing Action Package Accessory Dwelling Unit Bonus Program Amendment............. ........................................................................................................................................14 Item 100: Amendment No. 1 to the As-Needed Engineering Services Agreements with Kleinfelder, Inc., for Contract 3 (H187008) and with HDR Engineering, Inc. for Contract 4 (H187009).........................................................................................................................16 Minutes of Tuesday, May 24, 2022 Page 2
Table of Contents (Continued)
Item 101: Resolutions Approving Side Letter Agreements to Amend the Memoranda of Understanding Between the City and the San Diego Municipal Employees Association and the American Federation of State, County, and Municipal Employees, AFL-CIO, Local 127 Regarding Temporary “D” Mileage Reimbursement Rates .....................................................................17 Item 102: As-Needed Environmental Services Agreements – Contract 5 (H2125823) with Recon Environmental, Inc. and Contract 6 (H2125824) with Helix Environmental Planning, Inc .........18 Item 103: Authorization to Enter into a Five-Year Agreement with Palomar Health for Medical Evidentiary Examinations....................................................................................................19 Item 104: Master Administering Agency-State Agreement for State-funded Projects with the California Department of Transportation (Caltrans)...............................................................20 Item 105: Adoption of Employee Representation Units for Fiscal Year 2023...........................21 Item 106: Directing Collective Bargaining Related to Proposed Amended Interim Standard Operating Procedures for the Commission on Police Practices................................................22 Item 107: Establishment of Overtime Eligibility ...................................................................23 Item 108: Resolution of The Council of The City of San Diego Repealing the Morena Area Banner District and Establishing and Authorizing the New Clairemont Morena Banner District..24 Item 109: Resolution Excusing Councilmember Campbell from City Council Meetings from the April 04, 2022, and April 05, 2022, City Council Meetings......................................................25 Item 110: Declaring A Continued State of Local Emergency Regarding COVID-19 Virus ............. ........................................................................................................................................26 Item 111: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico...............................................................................27 Item 330: Amendments to the City’s Municipal Code for Shared Mobility Device (SMDs) Regulations .......................................................................................................................28 Item 331: Proposed Seasonal Closure of Point La Jolla and Boomer Beach............................30 Item 332: Approve Project List to be Funded by the Fiscal Year 2023 Road Maintenance and Rehabilitation Account (RMRA) Funds..................................................................................31 Item 333: Otay 2nd Pipeline Easement Vacation - Project No. 690051 ..................................32 Item 334: Tax Equity and Fiscal Responsibility Act Public Hearing – Levant Senior Cottages ...33 Minutes of Tuesday, May 24, 2022 Page 3
Table of Contents (Continued)
Item 335: Tax Equity and Fiscal Responsibility Act Resolution – Merge 56 Affordable Apartments........................................................................................................................34 Item 350: Submission of Ballot Proposals for the November 8, 2022, Ballot...........................35 Item 351: Council Policy 000-21 Ballot Proposals, November 2022 .......................................37 Item S500: Linda Vista Inc.’s Linda Vista Farmers’ Market Day .............................................37 Item S501: Philippine Independence Day.............................................................................38 Item S502: Dr. Pamela T. Luster Day ..................................................................................39 Item S503: Mental Health Awareness Month.......................................................................39 Item S504: Resolution Declaring San Diego a Safe City for Reproductive Freedom and Access to Abortion ........................................................................................................................40 Item S505: Approve Funding of $212,761 for the Compensation Agreement with Civic San Diego Regarding the Imperial Avenue Streetscape Improvement Project................................40 Item S506: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953 ........................................................41 REPORT OUT FROM CLOSED SESSION................................................................................42 ADJOURNMENT .................................................................................................................42 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, May 24, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. Councilmember Cate left the meeting at 10:18 a.m. Councilmember Cate returned to the meeting at 10:29 a.m. Council President Elo-Rivera recessed the meeting at 10:35 a.m. to convene the Special Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 10:36 a.m. with all Councilmembers present. The meeting was recessed by Council President Elo-Rivera at 11:08 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 2:52 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 2:57 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 3:27 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 3:29 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 3:33 p.m. to convene the Housing Authority meeting. Council President EloRivera reconvened the regular meeting at 3:36 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 3:39 p.m.

ATTENDANCE DURING THE MEETING

PRESENT
CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Chris Cate
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT
None.

CITY CLERK
Maland (mrh)

ROLL CALL
(1) Councilmember LaCava-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, May 24, 2022
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

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

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

CS-1 Kekoa Young v. City of San Diego, et al.

San Diego Superior Court Case No. 37-2020-00017371-CU-PA-CTL Risk Management Department Claim No. 23099
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 24, 2022
SCDCA Assigned: R. Stephan
Outside Counsel: Jan Buddingh, Gordon & Rees
This case arises from an alleged motor vehicle accident that occurred on July 11, 2019, on Myrtle Avenue and Utah 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: 10:29 AM
Council President Elo-Rivera closed the hearing.

CS-2 San Diego Indoor Soccer, Inc. v. City of San Diego San Diego Superior Court Case No. 37-2020-00038099-CU-EL-CTL Risk Management Department Claim File No. 24706
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, May 24, 2022
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 24, 2022
DCA Assigned: T. Krentz
Outside Counsel: Gary S. Kranker, Esq., Jones Mayer
This case arises from an alleged breach of contract at the University Heights Water Reservoir.

San Diego Indoor Soccer, the tenant, filed suit against the City of 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: 10:29 AM
Council President Elo-Rivera closed the hearing.

CS-3 Bianca Ruffino v. City of San Diego
San Diego Superior Court Case No. 37-2020-00027052-CU-PO-CTL Risk Management Department Claim File No. 24040
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 24, 2022
DCA Assigned: K. Yee
Plaintiff alleges that she sustained injuries on June 28, 2019 after striking a pothole in the pavement while riding an electric bike at 1008 Santa Clara Place, 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: 10:29 AM
Public testimony by Paul Krueger.

Council President Elo-Rivera closed the hearing.

CS-4 Eric Bahena, et al. v. City of San Diego, et al.

San Diego Superior Court Case No. 37-2021-00007004-CU-AS-CTL Risk Management Department Claim File No. 24431
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 24, 2022
DCA Assigned: P. James
Plaintiff seeks damages for alleged exposure to asbestos at 101 Ash Street. 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, May 24, 2022
COUNCIL ACTION: Start Time: 10:29 AM
Public testimony by Paul Krueger.

Council President Elo-Rivera closed the hearing.

CS-5 Marlon Perez v. City of San Diego, et al.

San Diego Superior Court Case No. 37-2021-00006704-CU-OE-CTL Risk Management Department Claim File No. 24506
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 24, 2022
DCA Assigned: P. James
Plaintiff alleges retaliation in his city employment for reporting risks of asbestos exposure at 101 Ash Street. Plaintiff also seeks damages for alleged asbestos exposure against building lessor, 101 Ash, LLC. 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: 10:29 AM
Public testimony by Paul Krueger.

Council President Elo-Rivera closed the hearing.

CS-6 Luis Guerrero v. City of San Diego, et al.

San Diego Superior Court Case No. 37-2021-00001137-CU-PO-NC Risk Management Department Claim File No. 24133
REFERRED TO CLOSED SESSION OF TUESDAY, MAY 24, 2022
DCA Assigned: P. James
Plaintiff seeks damages for alleged exposure to asbestos at the 101 Ash Street building, where he worked as a Senior Building Engineer for CBRE, Inc. Plaintiff also seeks damages for retaliation in his employment for reporting risks of asbestos exposure. 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: 10:29 AM
Public testimony by Paul Krueger.

Council President Elo-Rivera closed the hearing.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, May 24, 2022

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Carlene Moore commented on the San Diego County Fair.

COUNCIL ACTION: Start Time: 10:37 AM
PUBLIC COMMENT-2:

Paul Krueger commented on vendors and City liability.

COUNCIL ACTION: Start Time: 10:39 AM
PUBLIC COMMENT-3 (virtual):

Terri-Ann Skelly commented on marijuana and tobacco.

COUNCIL ACTION: Start Time: 10:45 AM
PUBLIC COMMENT-4 (virtual):

Peggy Walker commented on marijuana.

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

Judi Strang commented tobacco and communities of color.

COUNCIL ACTION: Start Time: 10:48 AM
PUBLIC COMMENT-6 (virtual):

Rita Morgan commented on listening to your heart when electing officials.

COUNCIL ACTION: Start Time: 10:50 AM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, May 24, 2022

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

Council President Pro Tem Montgomery Steppe commented on the approach of the two-year mark of the murder of George Floyd. She commented on the urgency of work needed towards the deep inequities that still remain as a Country, State, and City. She acknowledged the recognition of the racial disparity and lifted up the name of George Floyd.

COUNCIL ACTION: Start Time: 10:07 AM
COUNCIL COMMENT-2:

Council President Elo-Rivera commented on the horrific tragedy of the Robb Elementary School shooting leaving 14 students dead including a teacher. He acknowledged the devastation and refused to be a part of a charade that acts like this is normal society.

COUNCIL ACTION: Start Time: 2:49 AM
COUNCIL COMMENT-3:

Councilmember von Wilpert commented on the insanity of the children in their classroom that were shot to death. She thanked Council President Elo-Rivera for acknowledging the tragedy and commented on San Diego’s leadership in gun violence prevention with the Gun Violence Restraining Order program.

COUNCIL ACTION: Start Time: 2:51 AM
CITY CLERK COMMENT:

City Clerk Maland announced the return of the Archive’s CAB Lobby display with ‘It’s a Shore Thing’, coming back with a splash of a collection of nautical artifacts, model ships, and gifts from the sea. She recognized Sam Ely, Anne Miggins, and the Record Division for their fabulous job. The display will be available until June 3, 2022.

COUNCIL ACTION: Start Time: 10:05 AM

SPECIAL ORDERS OF BUSINESS
None.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, May 24, 2022
NOTE: The following Proclamation was NOT presented in Council Chambers.

Item 30: Dr. Deborah Zajchowski Day.

COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming Saturday, June 4, 2022, to be “Dr. Deborah Zajchowski Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:52 AM
MOTION BY CHRIS CATE TO APPROVE. 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, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 50: Pure Water Program – Amendment No. 1 to the Agreement with CH2M Hill Engineers, Inc. for Engineering Services for the Design of the North City Metropolitan Biosolids Center (MBC) Improvements Project (H176825).

Total Estimated Cost of Proposed Action and Funding Source:

The total amount for Amendment No. 1 is $1,246,271. Funds in the amount of $87,239 is available in the Pure Water Program funds and $1,159,032 is available in the Metro Sewer CIP funds.

Council District(s) Affected: 6.

Proposed Actions:
(O-2022-101) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 14, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the contract with CH2M Hill Engineers, Inc., extending the contract an additional five years in an amount not-to-exceed $1,246,271, for a total contract amount of $6,297,361, to provide design engineering services in connection with the North City Metropolitan Biosolids Center Improvements project.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, May 24, 2022
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.

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 Jennifer Campbell.

Passed by the following vote:

Item 51: Exemption of One Program Manager Position in the Compliance Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

Position is included in Compliance's Fiscal Year 2022 budget (General Fund.) No additional costs are associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-105) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 14, 2022 Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City's Compliance Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 2, 2021. This Program Manager position will be responsible for overseeing and implementing the City's Privacy and Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, May 24, 2022
Technology Ordinance Program. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Compliance Department: Christiana Gauger, (619) 236-7158 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 52: Ordinance of the Council Approving Revisions to the Exhibits for Fiscal Year 2023 Salary Ordinance Related to Special Salary Adjustments (SSAs) for Specified Unrepresented Classifications.

Total Estimated Cost of Proposed Action and Funding Source:

Approval of the Salary Ordinance is required under the City’s Charter as part of the annual budget process.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following ordinance which was introduced on 5/9/2022, Item 600 (Council voted 9-0):
(O-2022-106 REV. Cor. Copy) ADOPTED AS ORDINANCE O-21460 (New Series) Ordinance approving revised exhibits for the Fiscal Year 2023 Salary Ordinance related to special salary adjustments for specified unrepresented classifications.

Committee Actions Taken: N/A
Human Resources: Erik Hanson, (619) 236-5599
City Attorney Contact: Thomas J. Brady
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, May 24, 2022
COUNCIL ACTION: Start Time: 10:09 AM

CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 53: Housing Action Package Accessory Dwelling Unit Bonus Program Amendment.

Total Estimated Cost of Proposed Action and Funding Source:

There are no fiscal impacts related to this item.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following ordinance which was introduced on 4/11/2022, Item 203 (Council voted 9- 0):

The Housing Action Package ADU Bonus Program Amendment proposes amendments to San Diego Municipal Code Chapter 14, Article 1, Division 3 related to the Accessory Dwelling Unit Bonus for Affordable ADUs. This item will amend the ADU Bonus Program to lessen the deeded restriction for very low- and low-income deed restricted units from 15 years to 10 years. (O-2022-94 REV.) ADOPTED AS ORDINANCE O-21461 (New Series) Ordinance amending Chapter 14, Article 1, Division 3 of the San Diego Municipal Code by amending Section 141.0302, relating to Residential Use Category – Separately Regulated Uses, Accessory Dwelling Units.

Committee Actions Taken: N/A
Planning: Melissa Garcia, (619) 236-6173
City Attorney Contact: Lauren N. Hendrickson
COUNCIL ACTION: Start Time: 10:09 AM

CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, May 24, 2022
Passed by the following vote:

Item 100: Amendment No. 1 to the As-Needed Engineering Services Agreements with Kleinfelder, Inc., for Contract 3 (H187008) and with HDR Engineering, Inc. for Contract 4 (H187009).

Total Estimated Cost of Proposed Action and Funding Source:

These two amendments increase the not-to-exceed amount of the original as-needed agreements by $2,500,000 each, to a total of $12,500,000 for each contract over the five-year terms which expire in April 2024. Expenditure of funds for as-needed services is contingent upon sufficient funding being available in Public Utilities’ budget each fiscal year.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-466) ADOPTED AS RESOLUTION R-314123
Resolution of the City Council authorizing the First Amendment to the As-Needed Agreement with Kleinfelder (Contract 3 - H187008) for an amount not-to-exceed $2,500,000 for a total Contract 3 amount of $12,500,000, over five years; and authorizing the First Amendment to the As-Needed Agreement with HDR (Contract 4 - H187009) for an amount not-to-exceed $2,500,000, for a total Contract 4 amount of $12,500,000 over five years.

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.

Public Utilities: Surraya Rashid, (858) 654-4112
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:09 AM
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, May 24, 2022
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 101: Resolutions Approving Side Letter Agreements to Amend the Memoranda of Understanding Between the City and the San Diego Municipal Employees Association and the American Federation of State, County, and Municipal Employees, AFL-CIO, Local 127 Regarding Temporary “D” Mileage Reimbursement Rates.

Total Estimated Cost of Proposed Action and Funding Source:

Based on the Calendar Year 2021 citywide utilization of “D” mileage by 165 employees, the total additional estimated cost at 12 cents per mile is $68,051. (General Fund - $15,703/ Non-General Fund - $52,348.) The fiscal impact in Fiscal Years 2022 – 2023 will vary depending on actual usage of “D” mileage rates by City employees. Costs will be absorbed by departments.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2022-494) ADOPTED AS RESOLUTION R-314124
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 38 of the Memorandum of Understanding related to "D" mileage reimbursement rates.
6 votes required pursuant to Charter Section 11.2.

Subitem-B: (R-2022-493) ADOPTED AS RESOLUTION R-314125
Resolution approving a Side Letter Agreement between the City of San Diego and the American Federation of State, County, and Municipal Employees, AFL-CIO, Local 127, to amend Article 37 of the Memorandum of Understanding related to "D" mileage reimbursement rates. 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Miguel Merrell
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, May 24, 2022
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 102: As-Needed Environmental Services Agreements – Contract 5 (H2125823) with Recon Environmental, Inc. and Contract 6 (H2125824) with Helix Environmental Planning, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

The total amount not-to-exceed for the As-Needed Agreement with Recon Environmental, Inc. is $4,000,000. The minimum required amount is $1,000.

The total amount not-to-exceed for the As-Needed Agreement with Helix Environmental Planning, Inc. is $4,000,000. The minimum required amount is $1,000.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-465) ADOPTED AS RESOLUTION R-314126
Resolution of the City Council authorizing the Mayor to sign As-Needed Environmental Services Agreements 5 (H2125823) with RECON and 6 (H2125824) with HELIX in an amount not-toexceed $4,000,000, per Agreement, for a term of five years.

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.

Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Ray Palmucci
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, May 24, 2022
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 103: Authorization to Enter into a Five-Year Agreement with Palomar Health for Medical Evidentiary Examinations.

Total Estimated Cost of Proposed Action and Funding Source:

This action seeks expenditure authority not-to-exceed $2,100,000, over five years for medical evidentiary examinations for adults and children. An estimated $420,000.00 will be utilized in Fiscal Year 2023, $420,000.00 will be utilized in fiscal year 2024, $420,000.00 will be utilized in Fiscal Year 2025, $420,000.00 will be utilized in fiscal year 2026, and $420,000.00 will be utilized in Fiscal Year 2027. Services will be paid from the Police Department General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-468) ADOPTED AS RESOLUTION R-314127
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Palomar Health, in an amount not-to-exceed $2,100,000, to provide medical evidentiary examinations and other related services.

Committee Actions Taken:

This item was heard at the Public Safety & Livable Neighborhoods Committee meeting on April 27, 2022.

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

VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, von Wilpert-yea, Campillo-yea.

Police: Carmelin Rivera, (619) 531-2686
City Attorney Contact: Lara Easton
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, May 24, 2022
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 104: Master Administering Agency-State Agreement for State-funded Projects with the California Department of Transportation (Caltrans).

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures being authorized with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-482) ADOPTED AS RESOLUTION R-314128
Resolution authorizing the Mayor, or his designee, to execute Master Agreement No. 11- 5004S21, Administering Agency-State Agreement for State-funded projects with the California Department of Transportation (Caltrans) for receiving and administering State funds from or through the State of California for designated transportation projects.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 27, 2022.

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

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

Transportation Department: Duncan Hughes, (619) 533-3141 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, May 24, 2022
Passed by the following vote:

Item 105: Adoption of Employee Representation Units for Fiscal Year 2023.

Total Estimated Cost of Proposed Action and Funding Source:

There is no fiscal impact for this item.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-501) ADOPTED AS RESOLUTION R-314129
Resolution approving the classifications as appropriately assigned to employee representation units, for Fiscal Year 2023.

Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 236-6339
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 106: Directing Collective Bargaining Related to Proposed Amended Interim Standard Operating Procedures for the Commission on Police Practices.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, May 24, 2022
There are no expenditures being authorized with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-492) ADOPTED AS RESOLUTION R-314130
Resolution of the Council directing the City's management team for labor relations to engage in collective bargaining, as required by the Meyers-Milias-Brown Act, related to the proposed amended interim standard operating procedures of the Commission on Police Practices.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on April 27, 2022.

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

VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, von Wilpert-yea, Campillo-yea.

Office of the Commission on Police Practices: Sharmaine Moseley, (619) 533-3432 City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 107: Establishment of Overtime Eligibility.

Total Estimated Cost of Proposed Action and Funding Source:

There is no fiscal impact for this item.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, May 24, 2022
Proposed Actions:
(R-2022-502) ADOPTED AS RESOLUTION R-314131
Resolution approving the job classifications in the City of San Diego that are eligible for overtime compensation for Fiscal Year 2023.

Passed by the following vote:

Item 108: Resolution of The Council of The City of San Diego Repealing the Morena Area Banner District and Establishing and Authorizing the New Clairemont Morena Banner District.

Total Estimated Cost of Proposed Action and Funding Source:

No City funds expended for the creation of the Clairemont Morena Banner District. The Clairemont Morena Banner District will be sponsored and funded by Clairemont Town Council Foundation, Inc.

Council District(s) Affected: 2.

Proposed Actions:

Approve the resolution repealing San Diego Resolution R-304948, and establishing the Clairemont Morena Banner District and authorizing Clairemont Town Council Foundation, Inc. to install street banners in the public right-of-way promoting cultural or civic events or activities of general public interest.

Subitem-A: (R-2022-485) ADOPTED AS RESOLUTION R-314132
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, May 24, 2022
Resolution determining that the approval of the Clairemont Morena Banner District and authorization to install and display banners in the public right-of-way is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

Subitem-B: (R-2022-484) ADOPTED AS RESOLUTION R-314133
Resolution repealing the Morena Area Banner District, and establishing the Clairemont Morena Banner District and authorizing the installation and display of banners in the public right-of-way.

Committee Actions Taken: N/A
Council District 2: Makana Rowan, (619) 236-6622
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 109: Resolution Excusing Councilmember Campbell from City Council Meetings from the April 04, 2022, and April 05, 2022, City Council Meetings.

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

Proposed Actions:
(R-2022-469) ADOPTED AS RESOLUTION R-314134
Resolution excusing the absence of Councilmember Jennifer Campbell from the Council meetings on April 4, 2022, and April 5, 2022.

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

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, May 24, 2022
Council District 2: Makana Rowan, (619) 236-6622
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 110: Declaring A Continued State of Local Emergency Regarding COVID-19 Virus.

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

Proposed Actions:
(R-2022-499) ADOPTED AS RESOLUTION R-314135
Resolution extending the local state of emergency due to the COVID-19 pandemic.

Committee Actions Taken: N/A
Office of the Mayor: Javier Gomez, (619) 236-6330
City Attorney Contact: Paige E. Folkman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, May 24, 2022
Item 111: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

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

Proposed Actions:
(R-2022-261) ADOPTED AS RESOLUTION R-314136
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 330: Amendments to the City’s Municipal Code for Shared Mobility Device (SMDs) Regulations.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2022-475) ADOPTED AS RESOLUTION R-314140
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, May 24, 2022
Resolution determining that the Ordinance amending Chapter 8 of the San Diego Municipal Code relating to the operation of shared mobility device service providers is categorically exempt from CEQA pursuant to sections 15301 and 15306 of the CEQA Guidelines.

Subitem-B: (R-2022-473) ADOPTED AS RESOLUTION R-314141
Resolution approving the establishment of fees for shared mobility device providers for inclusion in the Ratebook of City Fees and Charges maintained by the Office of the City Clerk.

Subitem-C: (O-2022-107) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 14, 2022 Introduction of an Ordinance amending Chapter 8 of the San Diego Municipal Code by amending sections 83.0301 and 83.0302; by retitling and amending sections 83.0303, 93.0304, 83.0305,

83.0306 and 83.0307; by amending sections 83.0308, 83.0309, 83.0310 and 83.0311; by adding new section 83.0312; and by renumbering, retitling and amending section 83.0312 to 83.0313, and section 83.0313 to 83.0314 relating to the operation of shared mobility device service providers in the City of San Diego.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 27, 2022.

Motion by Vice Chair LaCava, second by Councilmember Campbell, to recommend Council approval of staff’s proposed actions with the following amendments, pending technical and legal review prior to Council:
• Section 83.0302, Definitions,
o INSERT definition for Corral
• Section 83.0305 Provider Requirements (b)(2): identify in writing the number quantity and type of all shared mobility services in the provider’s fleet • Section 83.0305 Provider Requirements (b)(8): employ a user interface that requires users to scan a valid identification at least every three months to demonstrate compliance with the provider’s adopted age requirements for operating a shared mobility device – add language to reference California Vehicle Code to define what type of identification can be used. • Section 83.0308 Geofencing Speed and Operating Restrictions o INSERT (c)(8): on the public walkway on the westerly and northerly side of Ellen Browning Scripps Park, from Ocean Street to Coast Boulevard
• Section 83.0308 Geofencing Speed and Operating Restrictions o INSERT(c)(9): Children's Pool Plaza
• Section 83.0308 Geofencing Speed and Operating Restrictions o INSERT(c)(10): on the public walkway on the westerly side of Coast Boulevard, from Coast Boulevard South to Ocean Street
• Section 83.0310 Staging of Shared Mobility Devices
o INSERT (a)(7): on boardwalks and baywalks defined in Section 83.0308(c) • Section 83.0310 Staging of Shared Mobility Devices
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, May 24, 2022
o INSERT(a)(8): any area primarily designed for the conveyance of storm water, any area planted with landscaping, or any area primarily consisting of dirt or sand VOTE: 4-0; von Wilpert-yea, La Cava-yea, Montgomery Steppe-yea, Campbell-yea.

Sustainability and Mobility: Kristy Reeser, (858) 492-6005 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTIONS IN SUBITEM A AND SUBITEM B; AND INTRODUCE THE ORDINANCE IN SUBITEM C. Second by Jennifer Campbell.

Passed by the following vote:

Item 331: Proposed Seasonal Closure of Point La Jolla and Boomer Beach.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures being authorized with this action.

Council District(s) Affected: 1.

Proposed Actions:

Subitem-A: (O-2022-109) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 14, 2022 Introduction of an Ordinance amending Chapter 6, Article 3, Division 1 of the San Diego Municipal Code by adding new Section 63.0102(f) relating to the Use of Point La Jolla and Boomer Beach.

Subitem-B: (R-2022-498) ADOPTED AS RESOLUTION R-314142
Resolution adopting the Addendum to the Final Negative Declaration No. 225045 (SCH NO. 2013011059) for the Point La Jolla and Boomer Beach seasonal closure Project.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 21, 2022.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, May 24, 2022
ACTION: Motion by Chair LaCava, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; La Cava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.

Parks & Recreation: Karen Dennison, (619) 235-1188
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 3:13 PM

MOTION BY JOE LACAVA TO INTRODUCE THE ORDINANCE IN SUBITEM A AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 332: Approve Project List to be Funded by the Fiscal Year 2023 Road Maintenance and Rehabilitation Account (RMRA) Funds.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the use of $32,164,043 from the Road Maintenance & Rehabilitation Fund to fund Slurry Seal Group 2321, Slurry Seal Group 2322, Slurry Seal Group 2323, Slurry Seal Group 2324, Slurry Seal Group 2325, and Slurry Seal Group 2326, contingent upon the adoption of the Fiscal Year 2023 Appropriation Ordinance.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2022-497) ADOPTED AS RESOLUTION R-314143
Resolution determining that the approval of the Citywide projects to be funded by Fiscal Year 2023 Road Maintenance and Rehabilitation Account funds are categorically exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines.

Subitem-B: (R-2022-496) ADOPTED AS RESOLUTION R-314144
Resolution approving the Citywide project list to be funded by Fiscal Year 2023 Road Maintenance and Rehabilitation Account funds and authorizing the award, execution, and funding of Slurry Seal Group contracts 2321, 2322, 2323, 2324, 2325, and 2326.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, May 24, 2022
Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 27, 2022.

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

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

Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 2:58 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Vivian Moreno.

Passed by the following vote:

Item 333: Otay 2nd Pipeline Easement Vacation - Project No. 690051.

Total Estimated Cost of Proposed Action and Funding Source:

All processing costs are paid from a deposit account maintained by the applicant. Proceeds to the City for the removal of the City’s easements will be deposited into the Capital Outlay Water Revenue Fund.

Council District(s) Affected: Outside of City Limits – City of Chula Vista Proposed Actions:

A Public Service Easement Vacation to vacate approximately 16.47-acres of City of San Diego water easements for pipelines that have been abandoned and relocated per the terms contained within the "Participation Agreement for the Design and Construction of Otay 2nd Pipeline Relocation and Related Facilities" approved by the City Council in Ordinance O-20464 (adopted Mar. 11, 2015). The water easements are all within the jurisdiction of the City of Chula Vista, located generally south of La Media Road and E Main Street in the Otay Ranch Community.

Subitem-A: (R-2022-487) ADOPTED AS RESOLUTION R-314145
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, May 24, 2022
Resolution determining that the approval of the Otay 2nd Pipeline Easement Vacation is exempt from the California Environmental Quality Act pursuant to Section 15305 of the CEQA Guidelines.

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

Subitem-B: (R-2022-488 Cor. Copy) ADOPTED AS RESOLUTION R-314146 Resolution vacating City of San Diego water easements for pipelines that have been abandoned and relocated, located within the jurisdiction of the City of Chula Vista and authorizing the Chief Financial Officer to accept and deposit payment received for the vacation into the Capital Outlay Water Revenue Fund 400004.

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

Committee Actions Taken: N/A
Development Services: Carrie Lindsay, (619) 446-5220
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 3:22 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 334: Tax Equity and Fiscal Responsibility Act Public Hearing – Levant Senior Cottages.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City funds associated with this action.

Council District(s) Affected: 7.

Proposed Actions:
(R-2022-467) ADOPTED AS RESOLUTION R-314147
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, May 24, 2022
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority Levant Senior Cottages pursuant to section 147(f) of the Internal Revenue Code of 1986.

Committee Actions Taken: N/A
Housing Commission: Colin MIller, (619) 578-7429
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of May 24, 2022, for a companion item. This is a TEFRA hearing item.

COUNCIL ACTION: Start Time: 3:24 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 335: Tax Equity and Fiscal Responsibility Act Resolution – Merge 56 Affordable Apartments.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: 5.

Proposed Actions:
(R-2022-470) ADOPTED AS RESOLUTION R-314148
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority Merge 56 Affordable Apartments pursuant to section 147(f) of the Internal Revenue Code of 1986.

Committee Actions Taken: N/A
Housing Commission: Colin Miller, (619) 578-7429
City Attorney Contact: Marguerite Middaugh
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, May 24, 2022
See the Housing Authority Agenda of May 24, 2022, for a companion item. This is a TEFRA hearing item.

COUNCIL ACTION: Start Time: 3:29 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.

Item 350: Submission of Ballot Proposals for the November 8, 2022, Ballot.

City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected].

Therefore, the City Clerk’s Office has established the following calendar for the November 8, 2022, election.

DAY DATE DAYS
BEFORE

ELECTION
EVENT
Monday 04/04/22 218 LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday
Wednesday
04/20/22
06/08/22
202
153
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review, where
the Committee will decide if they will be
presented to the full Council for consideration
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, May 24, 2022
Thursday -
Friday
06/09/22 -
08/12/22
152 -
88 Council discusses measures and adopts
ordinances prepared by City Attorney to place
measures on the ballot
Friday 08/12/22 88 Last day for City Clerk to file with Registrar of Voters election material (ordinances and
resolutions related to the calling of election
and measure(s), if any)
Tuesday 08/16/22 84 Last day to submit the Fiscal Impact Analysis; Ballot and Title Summary; and Impartial
Analysis with City Clerk
Friday 08/19/22 81 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information. If you have questions, please contact the Office of the City Clerk at [email protected] or (619) 533-4000.

Item 351: Council Policy 000-21 Ballot Proposals, November 2022.

Ballot Propositions Forwarded for 2ND Committee Review
The following ballot propositions have been referred from the Rules Committee to a second hearing for consideration for placement on a future ballot as noted. The Rules Committee will be meeting June 8, 2022, to review these measures referred for a second hearing.

Proposal Target Ballot
Amend San Diego Municipal Code Section 66.0127 Regarding Collection, Transport, and Disposal or Recycling of Refuse November 2022
Amendment to San Diego Municipal Code 132.0505 Coastal
Height Limit
November 2022
Allow Childcare Use in City Park Space November 2022
Ranked Choice Voting November 2022
Ballot Propositions Forwarded for Council Review
The following measures received earlier consideration and will move directly to City Council for review.

Proposal Target Ballot
Safeguard San Diego / Project Labor Ban Repeal November 2022 Independent Counsel for the City Auditor November 2022
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, May 24, 2022
Amendments to City Charter Regarding City Employee Hiring and Recruitment Practices
November 2022
The City Council is expected to consider measures for the November 2022 ballot at its meetings in June, July, and August 2022.

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

Item S500: Linda Vista Inc.’s Linda Vista Farmers’ Market Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming June 2, 2022, to be “Love, Linda Vista Inc.’s Linda Vista Farmers’ Market Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:52 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S501: Philippine Independence Day.

COUNCILMEMBER CAMPBELL AND COUNCILMEMBER CATE'S RECOMMENDATION:

APPROVED
Proclaiming June 12, 2022, to be “Philippine Independence Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:52 AM
MOTION BY CHRIS CATE TO APPROVE. 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, Vivian Moreno, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, May 24, 2022
Nay: (None);
Recused: (None);
Not Present: (None).

Item S502: Dr. Pamela T. Luster Day.

COUNCILMEMBER CATE'S RECOMMENDATION:

APPROVED
Proclaiming June 10, 2022, as “Dr. Pamela T. Luster Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:52 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S503: Mental Health Awareness Month.

COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPBELL, AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming the month of May to be “Mental Health Awareness Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:52 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, May 24, 2022
Item S504: Resolution Declaring San Diego a Safe City for Reproductive Freedom and Access to Abortion.

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

Proposed Actions:
(R-2022-504) ADOPTED AS RESOLUTION R-314137
Resolution declaring San Diego a safe city for reproductive freedom and access to abortion.

Committee Actions Taken: N/A
Council District 3: Ryan Darsey, (619) 236-6734
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:17 AM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

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

Item S505: Approve Funding of $212,761 for the Compensation Agreement with Civic San Diego Regarding the Imperial Avenue Streetscape Improvement Project.

Total Estimated Cost of Proposed Action and Funding Source:

In 2018, the City Council authorized up to $435,000 from the Central Imperial Redevelopment Funds (R-303779). In 2020, due to the dissolution of redevelopment and project delays, an additional $365,000 was added to the budget. The Project requires $212,761 of additional funds to reimburse Civic San Diego per the Compensation Agreement. The requested actions appropriate funding from the following sources: Central Imperial Pooled Financing Bonds, Series 2007B.

Council District(s) Affected: 3.

Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, May 24, 2022
Proposed Actions:
(R-2022-507) ADOPTED AS RESOLUTION R-314138
Resolution of the Council of the City of San Diego approving funding for construction of Imperial Avenue Streetscape Improvements.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item S506: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953.

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

Proposed Actions:
(R-2022-511) ADOPTED AS RESOLUTION R-314139
Resolution reconsidering the circumstances of the State of Emergency related to COVID-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act.

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

Committee Actions Taken: N/A
Council District 2: Haley Lesser, (619) 236-6699
City Attorney Contact: Heather Ferbert
Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, May 24, 2022
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, May 24, 2022

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:39 p.m. in honor of the memory of:

Officer Alan Alvarez as requested by Councilmember Campillo.

COUNCIL ACTION: Start Time: 3:37 PM

San Diego City CouncilMay 24, 2022

San Diego City Council
May 24, 2022