Minutes — San Diego City Council, June 14, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JUNE 14, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................5 ATTENDANCE DURING THE MEETING...................................................................................5 ROLL CALL ..........................................................................................................................5 PLEDGE OF ALLEGIANCE......................................................................................................6 CLOSED SESSION................................................................................................................6 NON-AGENDA PUBLIC COMMENT .........................................................................................8

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................11 SPECIAL ORDERS OF BUSINESS .........................................................................................11 APPROVAL OF COUNCIL MINUTES ......................................................................................11 Item 30: Juneteenth Day...................................................................................................12 Item 50: Ordinance to Authorize a Second Amendment to the Agreement Between the City of San Diego and Streamline Automation Systems....................................................................12 Item 51: Sewer and Water GJ Crown Point South of La Playa - Extension of Contract K-16- 1418-DBB-3 with Dick Miller, Inc. Beyond Six Years..............................................................14 Item 52: Authorization to Extend the Agreement with CentralSquare Technologies for Fire’s Computer Aided Dispatch (CAD) System..............................................................................15 Item 53: Pure Water – Second Amendment to the Agreement with Carollo Engineers, Inc. for Design Engineering Services for the North City Pure Water Facility (H176846)........................16 Item 54: Lease Amendment for City Communications Facility on the US Navy's Consolidated Area Radio Trunking System Complex .................................................................................17 Item 55: Amendment to the Short-Term Residential Occupancy (STRO) Ordinance ...............18 Minutes of Tuesday, June 14, 2022 Page 2
Table of Contents (Continued)
Item 56: 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) .............................................................................19 Item 57: Exemption of One Program Manager Position in the Compliance Department from the Classified Service ...............................................................................................................20 Item 58: Amendments to the City’s Municipal Code for Shared Mobility Device (SMDs) Regulations .......................................................................................................................21 Item 59: Proposed Seasonal Closure of Point La Jolla and Boomer Beach..............................22 Item 60: Award a Phase-Funded Consultant Agreement, Contract #H2125775, to Rick Engineering to Provide Professional Engineering Services for the Maple Canyon Storm Drain Upgrade............................................................................................................................23 Item 100: Approval of a Consultant Contract Between the City of San Diego and Jones Lang LaSalle Americas, Inc., for Sports Arena-Midway District Notice of Availability Lease Consulting Services ............................................................................................................................25 Item 101: Authorization of a Marketing Partnership Agreement with Compass Group USA to be the Official Snack and Beverage Vending Partner of the City of San Diego for up to Five Years 26 Item 102: Resolution Approving the Agreement Between the City and Teamsters Local 911 Regarding the Unwinding of Proposition B for Current Employees Hired on or after July 20, 2012, and before July 10, 2021, and Returning Employees to the San Diego City Employees’ Retirement System.............................................................................................................27 Item 103: Resolution Approving the Agreement Between the City and Deputy City Attorneys Association Regarding the Unwinding of Proposition B for Current Employees Hired on or after July 20, 2012, and Before July 10, 2021, and Returning Employees to the San Diego City Employees’ Retirement System ...........................................................................................28 Item 104: Adopt a Resolution to Rescind City Resolutions R-312242, R-312243, and R-312244 Related to Project No. 463483 Which Includes Projects Sampson Street (UU602), Redwood Street, (UU611), Hilltop Drive Ph II (UU616), Fairmount Avenue (UU628), and Surcharge Projects in the Neighborhoods of Normal Heights (3DD), Jamacha-Lomita (4Y1), Bay Park (6H1) and Egger Highlands (8R1).................................................................................................29 Item 105: Directing Each City Department, Agency, and Board/Commission to Conduct Their Biennial Review: Conflict of Interest Codes .........................................................................30 Item 106: Conflict-of-Interest Waiver Request from Tressler, LLP.........................................31 Item 107: Settlement of Wendell Richardson v. City of San Diego, et al., San Diego Superior Court Case No. 37-2020-00023393-CU-WT-CTL, Risk No. 25433 ...........................................31 Minutes of Tuesday, June 14, 2022 Page 3
Table of Contents (Continued)
Item 330: Resolution to Designate the San Diego Black Arts and Culture District in the Encanto Community........................................................................................................................32 Item 331: Fiscal Year 2023 Property and Business Improvement Districts .............................33 Item 332: Approval of the Fiscal Year (FY) 2023 San Diego Tourism Marketing District Report of Activities........................................................................................................................34 Item 333: Fiscal Year 2023 Maintenance Assessment Districts Annual Reports for Economic Development Department...................................................................................................36 Item 334: Fiscal Year 2023 Annual Reports for Parks and Recreation Department Maintenance Assessment Districts...........................................................................................................37 Item 350: Submission of Ballot Proposals for the November 8, 2022, Ballot...........................38 Item 351: Council Policy 000-21 Ballot Proposals, November 2022 .......................................39 Item 352: Notice of Pending Final Map Approval-Riverwalk ..................................................40 Item S500: Ordinance Amending the Supplemental Pension Savings Plan H (SPSP-H) as a Result of the Unwinding of Proposition B .............................................................................41 Item S501: Resolution Amending the 401(k) Plan as a Result of the Unwinding of Proposition B ........................................................................................................................................41 Item S502: Resolution Amending the 401(a) Plan as a Result of the Unwinding of Proposition B ........................................................................................................................................42 Item S503: World Refugee Month ......................................................................................43 Item S504: North Park Maintenance Assessment District Formation Overseen by the Economic Development Department...................................................................................................44 Item S505: Ordinance Amending the San Diego Municipal Code Related to the Unwinding of Proposition B .....................................................................................................................45 Item S506: Resolution Approving the Agreement Between the City and San Diego City Firefighters, I.A.F.F. Local 145 Regarding the Unwinding of Proposition B for Current Employees Hired on or After July 20, 2012, and Before July 10, 2021, and Returning Employees to the San Diego City Employees’ Retirement System ...........................................................................46 Item S507: Affordable Housing Loan Agreement--Ventana al Sur .........................................47 Item S508: Affordable Housing Loan Agreement-Iris at San Ysidro .......................................48 Minutes of Tuesday, June 14, 2022 Page 4
Table of Contents (Continued)
Item S509: The San Diego Association of Black Journalists 20th Annual Scholarship Celebration Day...................................................................................................................................49 Item S510: City Heights CDC 40th Anniversary Day.............................................................49 Item S511: Consideration of a Resolution of the Council of the City of San Diego Setting Forth the Council’s Policy Direction Related to a Proposed Measure to Amend San Diego Municipal Code Section 66.0127 Regarding Collection, Transport, and Disposal or Recycling of Refuse, Directing the City’s Management Team for Labor Relations to Meet and Confer, as Required by the Meyers-Milias-Brown Act...............................................................................................50 REPORT OUT FROM CLOSED SESSION................................................................................51 ADJOURNMENT .................................................................................................................52 Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, June 14, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 11:43 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:31 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 4:41 p.m.

ATTENDANCE DURING THE MEETING

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

CITY CLERK
Maland (cp)
*NOTE: Council President Pro Tem Montgomery Steppe and Councilmember Campillo participated in the meeting by teleconference.

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, June 14, 2022
(9) Council President Elo-Rivera-present

INVOCATION
The invocation was given by City Clerk Elizabeth Maland.

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

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 REFERRED TO CLOSED SESSION OF TUESDAY, JUNE 14, 2022
ACA Assigned: J. McNeill, M. Travis Phelps
This is a City of San Diego-initiated action for 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: 10:22 AM
Public testimony by Paul Krueger, Michael Aguirre, Maria Severson, Lori Saldaña, Mat Wahlstrom, John Stump, and Katheryn Rhodes.

Council President Elo-Rivera closed the hearing.

CS-2 City of San Diego v. CCP 1200, LLC et al.

San Diego Superior Court Case No.: 37-2021-00028026-CU-FR-CTL REFERRED TO CLOSED SESSION OF TUESDAY, JUNE 14, 2022
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, June 14, 2022
ACA Assigned: J. McNeill, M. Travis Phelps
This is a City of San Diego-initiated action for 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 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: 10:22 AM
Public testimony by Paul Krueger, Michael Aguirre, Maria Severson, Lori Saldaña, Mat Wahlstrom, John Stump, and Katheryn Rhodes.

Council President Elo-Rivera closed the hearing.

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

CS-3 Marlea Dell’Anno v. City of San Diego
San Diego Superior Court Case No. 37-2017-00000118-CU-OE-CTL Risk Management Department Claim No. 13044
REFERRED TO CLOSED SESSION OF TUESDAY, JUNE 14, 2022
DCA Assigned: D. Abad
Outside Counsel: Mark Meyerhoff, Liebert Cassidy Whitmore On March 23, 2022, a jury verdict was rendered for Plaintiff in her wrongful termination lawsuit 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: 10:22 AM
Public testimony by Paul Krueger, Lori Saldaña, Mat Wahlstrom, John Stump, and Katheryn Rhodes.

Council President Elo-Rivera closed the hearing.

CS-4 Jorge L. Cota v. City of San Diego; Vernon King
San Diego Superior Court Case No. 37-2019-00000842-CU-PA-CTL Risk Management Department Claim File No. 16822
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, June 14, 2022
REFERRED TO CLOSED SESSION OF TUESDAY, JUNE 14, 2022
DCA Assigned: D. Abad
This is a personal injury claim arising from a motor vehicle accident involving a City dump truck that occurred at the intersection of Briarwood Road and Paradise Valley Road on April 5, 2017.

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: 10:22 AM
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Paul Krueger commented on Balboa Park vendors; and Get it Done.

COUNCIL ACTION: Start Time: 11:16 AM
PUBLIC COMMENT-2:

Bob Kuczewski shared a video taken on Sunday, June 12, 2022.

COUNCIL ACTION: Start Time: 11:18 AM
PUBLIC COMMENT-3 (virtual):

Katheryn Rhodes commented on spike in tickets given to homeless.

COUNCIL ACTION: Start Time: 11:20 AM
PUBLIC COMMENT-4 (virtual):

Terri-Ann Skelly commented on ban of flavored tobacco products.

COUNCIL ACTION: Start Time: 11:21 AM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, June 14, 2022
PUBLIC COMMENT-5 (virtual):

Lori Saldaña commented on requiring masks and being vaccinated for police doing sweeps Downtown.

COUNCIL ACTION: Start Time: 11:23 AM
PUBLIC COMMENT-6 (virtual):

Becky Rapp commented on marijuana health risks.

COUNCIL ACTION: Start Time: 11:25 AM
PUBLIC COMMENT-7 (virtual):

Peggy Walker commented on fentanyl awareness and marijuana flavor bans.

COUNCIL ACTION: Start Time: 11:27 AM
PUBLIC COMMENT-8 (virtual):

Judi Strang commented on internships for our youth; and ban on marijuana flavored products.

COUNCIL ACTION: Start Time: 11:30 AM
PUBLIC COMMENT-9 (virtual):

Barbara Gordon commented on marijuana use side effects.

COUNCIL ACTION: Start Time: 11:32 AM
PUBLIC COMMENT-10 (virtual):

Jay Goldberg commented on evictions of multi-family units to convert to Short-Term Residential Occupancies.

COUNCIL ACTION: Start Time: 11:34 AM
PUBLIC COMMENT-11 (virtual):

John Stump commented on Chollas Lake Dam.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, June 14, 2022
COUNCIL ACTION: Start Time: 11:35 AM
PUBLIC COMMENT-12 (virtual):

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

COUNCIL ACTION: Start Time: 11:38 AM
PUBLIC COMMENT-13 (virtual):

Suzanne Hume commented on recreational fires at beaches.

COUNCIL ACTION: Start Time: 11:40 AM

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

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
4/11/2022
4/12/2022
4/18/2022
4/18/2022 Special
4/19/2022
4/25/2022 Adjourned
4/25/2022 Special
4/26/2022
5/9/2022 Special
5/16/2022
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, June 14, 2022
COUNCIL ACTION: Start Time: 4:29 PM
MOTION BY VIVIAN MORENO TO APPROVE. 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 Proclamation was NOT presented in Council Chambers.

Item 30: Juneteenth Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming June 19, 2022, to be “Juneteenth Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 4:32 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item 50: Ordinance to Authorize a Second Amendment to the Agreement Between the City of San Diego and Streamline Automation Systems.

Total Estimated Cost of Proposed Action and Funding Source:

This contract is for an amount not-to-exceed $148,899, from the General Fund over a twelve (12) month period: May 19, 2022, to November 19, 2023. These costs are budgeted in the San Diego Fire Department's General Fund.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, June 14, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-111) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 28, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with Streamline Automation Systems, extending the Contract through November 19, 2023, related to fire inspection software. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on May 18, 2022.

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

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

Fire-Rescue: John Wood, Assistant Fire Chief, (619) 533-4302 City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 51: Sewer and Water GJ Crown Point South of La Playa - Extension of Contract K-16- 1418-DBB-3 with Dick Miller, Inc. Beyond Six Years.

Total Estimated Cost of Proposed Action and Funding Source:

None. There are no additional costs associated with these time extensions.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, June 14, 2022
Council District(s) Affected: 2.

Proposed Actions:
(O-2022-114) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 28, 2022 Introduction of an Ordinance authorizing a second extension of the obligations under the contract between the City and Dick Miller, Inc (K-16-1418-dbb-3) beyond five years until June 20, 2024.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on May 25, 2022.

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

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

Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 52: Authorization to Extend the Agreement with CentralSquare Technologies for Fire’s Computer Aided Dispatch (CAD) System.

Total Estimated Cost of Proposed Action and Funding Source:

This amendment will increase the value by $5,000,000 for a not-to-exceed amount of $9,177,750, over the full term of the agreement.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, June 14, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-110) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 28, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with CentralSquare Technologies, extending the Contract through September 30, 2023, with four (4) additional one-year options through September 30, 2027, for annual maintenance and support of the Fire-Rescue Department’s Computer Aided Dispatch (CAD) system.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on May 18, 2022.

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

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

Passed by the following vote:

Item 53: 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:

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, June 14, 2022
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:

Adopt the following ordinance which was introduced on 5/17/2022, Item 50 (Council voted 9-0):
(O-2022-102) ADOPTED AS ORDINANCE O-21462 (New Series)
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: N/A
Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second Jennifer Campbell.

Passed by the following vote:

Item 54: 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:

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 Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, June 14, 2022
Year 15: 1 September 2023 through 31 August 2024: $51,315.00 Council District(s) Affected: 1.

Proposed Actions:

Adopt the following ordinance which was introduced on 5/17/2022, Item 60, Subitem B (Council voted 9-0):
(O-2022-104) ADOPTED AS ORDINANCE O-21463 (New Series)
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: N/A
Department of Real Estate and Airport Management: Nicole McGinnis, (619) 236-6987 City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second Jennifer Campbell.

Passed by the following vote:

Item 55: 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.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, June 14, 2022
Proposed Actions:

Adopt the following ordinance which was introduced on 5/17/2022, Item 331 (Council voted 8- 0, Montgomery Steppe - not present):
(O-2022-103) ADOPTED AS ORDINANCE O-21464 (New Series)
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: 10:06 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second Jennifer Campbell.

Passed by the following vote:

Item 56: 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:

Adopt the following ordinance which was introduced on 5/24/2022, Item 50 (Council voted 9-0):

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, June 14, 2022
(O-2022-101) ADOPTED AS ORDINANCE O-21465 (New Series)
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.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second Jennifer Campbell.

Passed by the following vote:

Item 57: 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:

Adopt the following ordinance which was introduced on 5/24/2022, Item 51 (Council voted 9-0):
(O-2022-105) ADOPTED AS ORDINANCE O-21466 (New Series)
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 Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, June 14, 2022
the Civil Service Commission on December 2, 2021. This Program Manager position will be responsible for overseeing and implementing the City's Privacy and 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: 10:06 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second Jennifer Campbell.

Passed by the following vote:

Item 58: 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:

Adopt the following ordinance which was introduced on 5/24/2022, Item 330, Subitem C (Council voted 9-0):
(O-2022-107) ADOPTED AS ORDINANCE O-21467 (New Series)
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, 83.0304, 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: N/A
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, June 14, 2022
Sustainability and Mobility: Kristy Reeser, (858) 492-6005 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second Jennifer Campbell.

Passed by the following vote:

Item 59: 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:

Adopt the following ordinance which was introduced on 5/24/2022, Item 331, Subitem A. (Council voted 9-0):
(O-2022-109 Cor. Copy) ADOPTED AS ORDINANCE O-21468 (New Series) 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.

Committee Actions Taken: N/A
Parks & Recreation: Karen Dennison, (619) 235-1188
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, June 14, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 60: Award a Phase-Funded Consultant Agreement, Contract #H2125775, to Rick Engineering to Provide Professional Engineering Services for the Maple Canyon Storm Drain Upgrade.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost for this phased-funded agreement with Rick Engineering is $6,000,000 of which $745,532 is for the first phase and $5,254,468 is for all subsequent phases. Phase 1 is funded with debt-funded general fund CIP.

Council District(s) Affected: 2, 3.

Proposed Actions:

Subitem-A: (R-2022-462) ADOPTED AS RESOLUTION R-314155
Resolution determining that the approval of the consultant agreement with Rick Engineering Company for professional engineering and design services in connection with feasibility analysis of Maple Canyon Storm Drain System Improvements is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262.

Subitem-B: (O-2022-113) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 28, 2022 Introduction of an Ordinance authorizing the award of a phase-funded consulting services contract to Rick Engineering Company for feasibility analysis and design of Maple Canyon Storm Drain System Improvements.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on May 25, 2022.

ACTION: Motion by Chair von Wilpert, second by Committee Member Montgomery Steppe, to recommend Council approval of staff’s proposed actions with the request that staff return to the Active Transportation and Infrastructure Committee to present the findings of the phase 1 “Alternative Analysis” prior to moving forward with subsequent project phases.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, June 14, 2022
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Montgomery Steppe-yea.

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Jennifer Campbell.

Passed by the following vote:

Item 100: Approval of a Consultant Contract Between the City of San Diego and Jones Lang LaSalle Americas, Inc., for Sports Arena-Midway District Notice of Availability Lease Consulting Services.

Total Estimated Cost of Proposed Action and Funding Source:

This contract is for an amount not-to-exceed $250,000, per fiscal year, with a maximum possible not-to-exceed amount of $1,250,000, based on the maximum possible contract term of 5 years under annual contract extensions at the City’s discretion. Funding for this consultant contract will come from Department of Real Estate and Airport Management General Fund.

Council District(s) Affected: 2.

Proposed Actions:
(R-2022-543) ADOPTED AS RESOLUTION R-314156
Resolution approving a consulting contract for up to five years and up to $250,000 per fiscal year with Jones Lang LaSalle Americas, Inc., for due diligence and economic analysis of proposals received in response to the City's "Midway Notice of Availability" under the Surplus Land Act.

Committee Actions Taken: N/A
Department of Real Estate and Airport Management: George Katsikaris, (619) 236-6733 City Attorney Contact: Delmar G. Williams
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, June 14, 2022
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second Jennifer Campbell.

Passed by the following vote:

Item 101: Authorization of a Marketing Partnership Agreement with Compass Group USA to be the Official Snack and Beverage Vending Partner of the City of San Diego for up to Five Years.

Total Estimated Cost of Proposed Action and Funding Source:

This Agreement does not include any payment obligations by the City. The cumulative total of potential funds paid to the City over the term of the contract is a minimum of $115,000.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-538) ADOPTED AS RESOLUTION R-314157
Resolution authorizing the Mayor, or his designee, to enter into a Marketing Partnership Agreement with Compass Group USA Inc., for a term not to exceed five years, to be the Official Snack and Beverage Vending Partner of the City of San Diego.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on May 18, 2022.

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

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

Economic Development: Sarah Brenha, (619) 533-3837
City Attorney Contact: Marco A. Verdugo
COUNCIL ACTION: Start Time: 10:06 AM
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, June 14, 2022
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second Jennifer Campbell.

Passed by the following vote:

Item 102: Resolution Approving the Agreement Between the City and Teamsters Local 911 Regarding the Unwinding of Proposition B for Current Employees Hired on or after July 20, 2012, and before July 10, 2021, and Returning Employees to the San Diego City Employees’ Retirement System.

Total Estimated Cost of Proposed Action and Funding Source:

Please see the Fiscal Considerations section of the staff report.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-534) ADOPTED AS RESOLUTION R-314158
Resolution approving a tentative agreement between the City and Local 911 regarding the unwinding of Proposition B for current employees hired on or after July 20, 2012, and before July 10, 2021.

Committee Actions Taken: N/A
Human Resources: Dianne Mitra, (619) 533-6539
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 4:23 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second Joe LaCava.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, June 14, 2022
Item 103: Resolution Approving the Agreement Between the City and Deputy City Attorneys Association Regarding the Unwinding of Proposition B for Current Employees Hired on or after July 20, 2012, and Before July 10, 2021, and Returning Employees to the San Diego City Employees’ Retirement System.

Total Estimated Cost of Proposed Action and Funding Source:

Please see the Fiscal Considerations section of the staff report.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-533) ADOPTED AS RESOLUTION R-314159
Resolution approving a tentative agreement between the City and Deputy City Attorneys Association of San Diego regarding the unwinding of Proposition B for current employees hired on or after July 20, 2012 and before July 10, 2021.

Passed by the following vote:

Item 104: Adopt a Resolution to Rescind City Resolutions R-312242, R-312243, and R-312244 Related to Project No. 463483 Which Includes Projects Sampson Street (UU602), Redwood Street, (UU611), Hilltop Drive Ph II (UU616), Fairmount Avenue (UU628), and Surcharge Projects in the Neighborhoods of Normal Heights (3DD), Jamacha-Lomita (4Y1), Bay Park (6H1) and Egger Highlands (8R1).

Total Estimated Cost of Proposed Action and Funding Source:

No cost implications.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, June 14, 2022
Council District(s) Affected: 2, 3, 4, 7, 8, 9.

Proposed Actions:
(R-2022-535) ADOPTED AS RESOLUTION R-314160
Resolution to rescind City Resolutions R-312242, R-312243, and R-312244 related to Project No. 463483 establishing Underground Utility Districts for Sampson Street (UU602), Redwood Street (UU611), Hilltop Drive Ph II (UU616), Fairmount Avenue (UU628), and for the neighborhoods of Normal Heights (3DD), Jamacha-Lomita (4Y1), Bay Park (6H1), and Egger Highlands (8R1) pursuant to court order.

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

Committee Actions Taken: N/A
Transportation Department: Jim Nabong, (619) 533-3721
City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second Jennifer Campbell.

Passed by the following vote:

Item 105: Directing Each City Department, Agency, and Board/Commission to Conduct Their Biennial Review: Conflict of Interest Codes.

Total Estimated Cost of Proposed Action and Funding Source:

No Cost Associated.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-528) ADOPTED AS RESOLUTION R-314161
Resolution directing biennial review of Conflict of Interest Codes.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, June 14, 2022
This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 City Attorney Contact: Hilda Mendoza
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second Jennifer Campbell.

Passed by the following vote:

Item 106: Conflict-of-Interest Waiver Request from Tressler, LLP.

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-2022-520) ADOPTED AS RESOLUTION R-314162
Resolution granting the waiver of potential conflicts of interest requested by Tressler, LLP, and consenting to the law firm’s representation of the City of San Diego, in Jose Rocha v. City of San Diego, et. al., San Diego Superior Court Case No. 37-2022-00004062-CU-PO-CTL.

Committee Actions Taken: N/A
Office of the City Attorney: David J. Karlin, (619) 533-5816 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, June 14, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 107: Settlement of Wendell Richardson v. City of San Diego, et al., San Diego Superior Court Case No. 37-2020-00023393-CU-WT-CTL, Risk No. 25433.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $275,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-454) ADOPTED AS RESOLUTION R-314163
Resolution authorizing the settlement of Wendell Richardson v. City of San Diego, et al., San Diego Superior Court Case No. 37-2020-00023393-CU-WT-CTL, related to a claim of an alleged failure to accommodate his disability, harassment, and other discrimination and leave claims related to his termination. Risk Claim No. 25433.

Committee Actions Taken: N/A
Office of the City Attorney: Lucy Manfre, (619) 533-5651 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second Jennifer Campbell.

Passed by the following vote:

Item 330: Resolution to Designate the San Diego Black Arts and Culture District in the Encanto Community.

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, June 14, 2022
Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this item.

Council District(s) Affected: 4.

Proposed Actions:
(R-2022-508) ADOPTED AS RESOLUTION R-314169
Resolution designating the San Diego Black Arts and Cultural District in the Encanto community in San Diego.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on April 13, 2022.

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

VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.

Council District 4: Tiffany Harrison, (619) 236-7180
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:36 PM
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 331: Fiscal Year 2023 Property and Business Improvement Districts.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed PBID budgets for Fiscal Year 2023 are expected to total $11,641,580. The Cityowned parcels assessment total $731,146.50 for the Downtown PBID. Additionally, for FY 2023 Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, June 14, 2022
an allocation is proposed from the Gas Tax Fund for median maintenance of $24,965 for the Downtown PBID and $2,416 for the North Park PBID.

Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2022-541) ADOPTED AS RESOLUTION R-314170
Resolution approving the Annual Report submitted in connection with the Downtown PBID for Fiscal Year 2023 and related funding actions.

Subitem-B: (R-2022-540) ADOPTED AS RESOLUTION R-314171
Resolution approving the Report submitted in connection with the North Park PBID for Fiscal Year 2023 and related funding actions.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on May 18, 2022.

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

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

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 4:04 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 332: Approval of the Fiscal Year (FY) 2023 San Diego Tourism Marketing District Report of Activities.

Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, June 14, 2022
Total Estimated Cost of Proposed Action and Funding Source:

Anticipated expenditures for FY2023 of TMD assessments up to $57,272,419 for implementation of FY2023 Report of Activities and underlying TMD Management Plan, including recovery of estimated City admin costs of $289,630.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-521) ADOPTED AS RESOLUTION R-314172
Resolution approving the fiscal year 2023 Report of Activities for the Tourism Marketing District and authorizing related expenditure of funds.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on May 18, 2022.

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

VOTE: 3-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Stepp-not present.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 3:56 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 333: Fiscal Year 2023 Maintenance Assessment Districts Annual Reports for Economic Development Department.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, June 14, 2022
The Proposed FY 2023 revenues for EDD MADs under this action item total $3,579,485. The proposed budget includes estimated City contributions of $19,182 from the Gas Tax Fund (Medians). The proposed budget also contains funding for assessments on City-owned parcels as detailed in Attachment 5 which is budgeted within the Citywide Program in the amount of $119,893.86. The City will receive the lesser of a flat rate of $3,500 or 4% of the total assessment per MAD for a total of $29,835.

Council District(s) Affected: 1, 2, 3, 8, 9.

Proposed Actions:
(R-2022-537) ADOPTED AS RESOLUTION R-314173
Resolution approving the Annual Reports submitted in connection with the Economic Development MADs for Fiscal Year 2023 and related funding actions.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on May 18, 2022.

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

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

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 3:50 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Monica Montgomery Steppe.

Passed by the following vote:

Item 334: Fiscal Year 2023 Annual Reports for Parks and Recreation Department Maintenance Assessment Districts.

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, June 14, 2022
Total Estimated Cost of Proposed Action and Funding Source:

The Proposed Fiscal Year 2023 assessments for the P&R MADs under this action item totals $17,250,897. The proposed budget includes estimated City contributions of $1,434,268 from the Gas Tax Fund (medians) and $249,236 from the Environmental Growth Fund (open space). The proposed budget also contains funding for assessments on City-Owned parcels as detailed in Attachment 8 which is budgeted within the Citywide Program in the amount of $207,369.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-532) ADOPTED AS RESOLUTION R-314174
Resolution approving the Annual Reports submitted in connection with Parks & Recreation MADs for Fiscal Year 2023 and related funding actions.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on May 18, 2022.

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

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

Parks & Recreation: Mike Jones, (619) 685-1307
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 3:50 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Monica Montgomery Steppe.

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.

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, June 14, 2022
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
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
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, June 14, 2022
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 Council Review
The following measures have been forwarded to the City Council for review.

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

Item 352: Notice of Pending Final Map Approval-Riverwalk.

Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Riverwalk " (V. T. M. No. 2213361, PTS No. 581984) located at 1150 Fashion Valley Road”, in the RM-4-10. CC-3-9. OC-1-1, and OP-1-1 zones, within the Community Plan Implementation Overly Zone (CPIOZ) and the Mission Valley Community Plan (MVCP) Council District 7, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.

Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, June 14, 2022
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Frederick R. LePage (619) 446-5434.

Item S500: Ordinance Amending the Supplemental Pension Savings Plan H (SPSP-H) as a Result of the Unwinding of Proposition B.

Total Estimated Cost of Proposed Action and Funding Source:

No Fiscal Impact.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-118) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 28, 2022 Introduction of an Ordinance approving an amendment to the Supplemental Pension Savings Plan H as a result of the unwinding of Proposition B.

Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 4:23 PM
MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, June 14, 2022
Item S501: Resolution Amending the 401(k) Plan as a Result of the Unwinding of Proposition B.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-549) ADOPTED AS RESOLUTION R-314164
Resolution approving an amendment to the City's 401(k) Plan as a result of the unwinding of Proposition B.

Passed by the following vote:

Item S502: Resolution Amending the 401(a) Plan as a Result of the Unwinding of Proposition B.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-551) ADOPTED AS RESOLUTION R-314165
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, June 14, 2022
Resolution approving an amendment to the City's 401(a) Plan as a result of the unwinding of Proposition B.

Passed by the following vote:

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

Item S503: World Refugee Month.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming June 2022, to be “World Refugee Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 4:32 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S504: North Park Maintenance Assessment District Formation Overseen by the Economic Development Department.

Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, June 14, 2022
Total Estimated Cost of Proposed Action and Funding Source:

If approved by property owners, $479,587.86 will be assessed to 604 parcels in FY23. Nonassessment funds provided by the City, as described in the District Management Plan, are estimated at $22,130.78 for the initial year, for a total of district budget of approximately $501,718.64. The City owns six (6) assessable parcels, resulting in an annual General Fund impact of $13,620.80. The City will receive $3,500 to cover costs associated with City administration.

Council District(s) Affected: 3.

Proposed Actions:
(R-2022-562 Cor. Copy) ADOPTED AS RESOLUTION R-314175
Resolution approving district management plan and assessment engineer’s report and declaring the Council’s intention to form the North Park Special Enhancement District (MAD) and to levy and collect annual assessments within the district for the life of the district; directing the mailing and ballots to identified property owners; and fixing time and place for a public hearing with respect to this matter.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on May 18, 2022.

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

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

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 4:08 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, June 14, 2022
Item S505: Ordinance Amending the San Diego Municipal Code Related to the Unwinding of Proposition B.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-120) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 28, 2022 Introduction of an Ordinance amending the San Diego Municipal Code related to the unwinding of Proposition B.

Passed by the following vote:

Item S506: Resolution Approving the Agreement Between the City and San Diego City Firefighters, I.A.F.F. Local 145 Regarding the Unwinding of Proposition B for Current Employees Hired on or After July 20, 2012, and Before July 10, 2021, and Returning Employees to the San Diego City Employees’ Retirement System.

Total Estimated Cost of Proposed Action and Funding Source:

Please see the Fiscal Considerations section of the Staff Report.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, June 14, 2022
Proposed Actions:
(R-2022-557) ADOPTED AS RESOLUTION R-314166
Resolution approving a tentative agreement with San Diego City Firefighters, Local 145 regarding the unwinding of Proposition B for current employees hired on or after July 20, 2012, and before July 10, 2021.

Passed by the following vote:

Item S507: Affordable Housing Loan Agreement--Ventana al Sur.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize an expenditure of up to $5 million total, including $3.75 million from the City’s Low and Moderate Income Housing Asset Fund, and $1,250,000 from the City’s Permanent Local Housing Allocation fund for the City’s below-market interest rate affordable housing loan for the development and construction of the Project, authorize the deposit of the non-refundable $25,000 Developer payment for costs, and authorize loan repayments to be deposited in applicable fund.

Council District(s) Affected: 8.

Proposed Actions:
(R-2022-565) ADOPTED AS RESOLUTION R-314167
Resolution of the Council of the City of San Diego approving the Owner Participation Agreement for the Ventana al Sur affordable housing project within the San Ysidro Community Plan area and authorizing a related loan in an amount not-to-exceed $5 million to the project developer, 4132 Beyer, L.P.

Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, June 14, 2022
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second Jennifer Campbell.

Passed by the following vote:

Item S508: Affordable Housing Loan Agreement - Iris at San Ysidro.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize an expenditure of up to $5 million total, including $3.6 million from the City’s Low and Moderate Income Housing Asset Fund, and $1,400,000 from the City’s Permanent Local Housing Allocation Fund; authorize the deposit of the non-refundable $25,000 Developer payment for costs; and authorize loan repayments to be deposited to the appropriate fund.

Council District(s) Affected: 8.

Proposed Actions:
(R-2022-566) ADOPTED AS RESOLUTION R-314168
Resolution making certain findings and determinations, and approving a loan agreement and other actions, related to the proposed Iris at San Ysidro Affordable Housing project.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second Jennifer Campbell.

Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, June 14, 2022
Passed by the following vote:

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

Item S509: The San Diego Association of Black Journalists 20th Annual Scholarship Celebration Day.

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

APPROVED
Proclaiming June 14, 2022, to be “The San Diego Association of Black Journalists 20th Annual Scholarship Celebration Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 4:32 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S510: City Heights CDC 40th Anniversary Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming June 17, 2022, to be “City Heights CDC 40th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 4:32 PM
Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, June 14, 2022
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S511: Consideration of a Resolution of the Council of the City of San Diego Setting Forth the Council’s Policy Direction Related to a Proposed Measure to Amend San Diego Municipal Code Section 66.0127 Regarding Collection, Transport, and Disposal or Recycling of Refuse, Directing the City’s Management Team for Labor Relations to Meet and Confer, as Required by the Meyers-Milias-Brown Act.

Total Estimated Cost of Proposed Action and Funding Source:

There is a cost associated with placing ballot measures on the November 2022 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-2022-564) ADOPTED AS RESOLUTION R-314176
Resolution 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 San Diego Municipal Code section 66.0127 regarding collection, transport, and disposal or recycling of refuse.

Committee Actions Taken:

This item was heard at the Rules Committee meeting on June 8, 2022.

ACTION: Motion by Chair Elo-Rivera, second by Vice Chair LaCava, to approve staff's recommendation.

VOTE: 4-1; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Campillo-yea, Cate-nay.

Council District 9: Brendan Dentino, (619) 221-3517
Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, June 14, 2022
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 3:12 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Joe LaCava.

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).

REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out from Closed Session. https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports Minutes of the Council of the City of San Diego Page 46 for the Regular Meeting of Tuesday, June 14, 2022

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:41 p.m. in honor of the memory of:

Hud Collins as requested by Councilmember Cate.

COUNCIL ACTION: Start Time: 4:39 PM

San Diego City CouncilJune 14, 2022

San Diego City Council
June 14, 2022