Minutes — San Diego City Council, June 21, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JUNE 21, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................4 ATTENDANCE DURING THE MEETING.....................................................................................................................4 ROLL CALL...........................................................................................................................................................................4 PLEDGE OF ALLEGIANCE ...............................................................................................................................................5 CLOSED SESSION .............................................................................................................................................................5 NON-AGENDA PUBLIC COMMENT ........................................................................................................................10

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ...............................................................................................................................................................................................12 SPECIAL ORDERS OF BUSINESS ...............................................................................................................................13 Item 30: La Jolla United Methodist Church Nursery School Day ...............................................................14 Item 31: Zachary Patterson Day..............................................................................................................................14 Item 50: Exemption of One Program Manager Position in the Compliance Department from the Classified Service............................................................................................................................................................15 Item 60: Tecolote Canyon Trunk Sewer Improvement, Tecolote Canyon Golf Course Water Connection and Sewer Group 836 - Authorization to Award Construction Contract ........................16 Item 100: Resolution Approving Side Letter Agreement to Amend the Memorandum of Understanding Between the City and the American Federation of State, County, and Municipal Employees, AFL-CIO, Local 127 Regarding Special Wage Adjustments...................................................17 Minutes of Tuesday, June 21, 2022 Page 2
Table of Contents (Continued)
Item 101: Resolution Approving Side Letter Agreement to Amend the Memorandum of Understanding Between the City and the San Diego Municipal Employees Association Regarding Special Salary Adjustments ........................................................................................................................................18 Item 102: Witch Creek Fire Street Improvement; Fiscal Year 2022 Priority Legislative Budget Projects (PLBP) Grant....................................................................................................................................................19 Item 103: Amended Conflict of Interest Code for the Engineering and Capital Projects Department......................................................................................................................................................................20 Item 330: Elementary Institute of Science Student Presentation on Local Health and Economic Impacts of COVID-19 ...................................................................................................................................................21 Item 331: This item was removed from the agenda .......................................................................................22 Item S500: Establishing Franchise Compliance Review Committee..........................................................22 Item S501: Non-Profit Agreement with Downtown San Diego Partnership for the Family Reunification Program .................................................................................................................................................23 Item S502: Second Amendment to Agreement with Liebert Cassidy Whitmore to Provide Continued As-Needed Legal Services as Panel Outside Counsel...............................................................24 Item S503: Appointment and Reappointments to the Accessibility Advisory Board.........................25 Item S504: A Resolution of the Council of the City of San Diego Approving the Tentative Agreement and the Memorandum of Understanding Between the City and the San Diego Police Officers Association Regarding the Terms and Conditions of Employment for Fiscal Years 2023 and 2024............................................................................................................................................................................26 Item S505: A Resolution of the Council of the City of San Diego Approving the Tentative Agreement and the Memorandum of Understanding Between the City and the California Teamsters Local 911 Regarding Terms and Conditions of Employment for Fiscal Years 2023 and 2024.....................................................................................................................................................................................27 Item S506: A Resolution of the Council of the City of San Diego Approving the Tentative Agreement and the Memorandum of Understanding Between the City and San Diego City Firefighters, International Association of Firefighters, Local 145, Regarding Terms and Conditions of Employment for Fiscal Years 2023 and 2024.................................................................................................28 Item S507: Parent Institute for Quality Education 35th Anniversary Day...............................................29 Minutes of Tuesday, June 21, 2022 Page 3
Table of Contents (Continued)
Item S508: Tiffany Burroughs Day..........................................................................................................................29 Item S509: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953...............................................................................30 REPORT OUT FROM CLOSED SESSION.................................................................................................................31 ADJOURNMENT .............................................................................................................................................................31 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, June 21, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 10:59 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:02 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 2:27 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 2:28 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 3:22 p.m.

ATTENDANCE DURING THE MEETING

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

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

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, June 21, 2022
(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 LaCava.

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

CS-1 City Designated Management Team Representatives:

Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Charles Zuver, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Jay Goldstone, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kristina Peralta, Deputy Chief Operating Officer
Jessica Lawrence, Director of Policy, Office of the Mayor Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jeremy Culuko, Deputy Director, Human Resources Department Erik Hanson, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Jonnabelle Domingo, Senior Human Resources Officer, Human Resources Department Curt Glaser, Senior Human Resources Officer, Human Resources Department Peaches Howell, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Interim Senior Human Resources Officer, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Andrea Szabo, Senior Human Resources Officer, Human Resources Department Dianne Mitra, Associate Human Resources Analyst, Human Resources Department Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, June 21, 2022
Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Rolando Charvel, Department of Finance Director and City Comptroller Sally Rubi, Financial Operations Manager, Department of Finance Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Ambar Gutierrez, Interim Principal Accountant, Department of Finance Virgilio Afan Jr., Interim Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
John Wood, Assistant Fire Chief, Fire-Rescue Department Christopher Webber, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief, Fire-Rescue Department David Gerboth, Deputy Fire Chief, Fire-Rescue Department David Nisleit, Police Chief, Police Department
Chris Mcgrath, Executive Assistant Chief, Police Department Terence Charlot, Assistant Police Chief, Police Department Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Jonathan Ferreras, Program Coordinator, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association.

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

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

Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney Leslie Fitzgerald, Assistant City Attorney, Office of the City Attorney Kristin Zlotnik, Chief Deputy City Attorney, Office of the City Attorney Joan Dawson, Senior Deputy City Attorney, Office of the City Attorney Alison Adema, Senior Deputy City Attorney, Office of the City Attorney Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, June 21, 2022
Employee organizations:

Deputy City Attorneys Association (DCAA)
San Diego Municipal Employees’ Association (MEA)
REFERRED TO CLOSED SESSION OF TUESDAY, JUNE 21, 2022
ACA Assigned: J. McNeill
The purpose of this Closed Session matter is to review the City of San Diego’s position and instruct the City’s labor negotiators regarding the negotiations with the City’s recognized employee organizations San Diego Municipal Employees’ Association and Deputy City Attorneys Association in regards to a proposed ballot measure to amend the City Charter to provide independent legal counsel to the Office of the City Auditor and Audit Committee.

COUNCIL ACTION: Start Time: 10:27 AM
Council President Elo-Rivera closed the hearing.

CS-2 City Designated Management Team Representatives:

Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Charles Zuver, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Jay Goldstone, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kristina Peralta, Deputy Chief Operating Officer
Jessica Lawrence, Director of Policy, Office of the Mayor Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jeremy Culuko, Deputy Director, Human Resources Department Erik Hanson, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Jonnabelle Domingo, Senior Human Resources Officer, Human Resources Department Curt Glaser, Senior Human Resources Officer, Human Resources Department Peaches Howell, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Interim Senior Human Resources Officer, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Andrea Szabo, Senior Human Resources Officer, Human Resources Department Dianne Mitra, Associate Human Resources Analyst, Human Resources Department Angela Colton, Director, Risk Management Department
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, June 21, 2022
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Rolando Charvel, Department of Finance Director and City Comptroller Sally Rubi, Financial Operations Manager, Department of Finance Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Ambar Gutierrez, Interim Principal Accountant, Department of Finance Virgilio Afan Jr., Interim Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
John Wood, Assistant Fire Chief, Fire-Rescue Department Christopher Webber, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief, Fire-Rescue Department David Gerboth, Deputy Fire Chief, Fire-Rescue Department David Nisleit, Police Chief, Police Department
Chris Mcgrath, Executive Assistant Chief, Police Department Terence Charlot, Assistant Police Chief, Police Department Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Jonathan Ferreras, Program Coordinator, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association.

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

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, June 21, 2022
American Federation of State, County and Municipal Employees, Local 127 (AFSCME Local 127)
Deputy City Attorneys Association (DCAA)
San Diego City Firefighters, International Association of Fire Fighters, Local 145 San Diego Municipal Employees’ Association (MEA)
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)

ITEM WITHDRAWN
ACA Assigned: J. McNeill
The purpose of this Closed Session matter is to review the City of San Diego’s position and instruct the City’s labor negotiators regarding the Fiscal Year 2023 contract negotiations with the City’s recognized employee organizations.

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

CS-3 County of San Diego Department of Environmental Health and Quality v. City of San Diego
Case No. SD-ENF-20-000773
REFERRED TO CLOSED SESSION OF TUESDAY, JUNE 21, 2022
DCA Assigned: L. Easton
This case arises from alleged environmental violations at 4008 Federal Boulevard. 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: 10:27 AM
Public testimony by Lori Saldaña, Danny Avitia, and Francine Maxwell.

Council President Elo-Rivera closed the hearing.

CS-4 Hugh Ward, et al. v. City of San Diego
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, June 21, 2022
San Diego Superior Court Case No. 37-2021-00001323-CU-EI-CTL Risk Management Department Claim File No. 21444
REFERRED TO CLOSED SESSION OF TUESDAY, JUNE 21, 2022
DCA Assigned: B. Syz
This item involves litigation related to a January 2019 rupture of a water supply pipeline owned by the City of San Diego. The pipeline rupture allegedly caused damage to Plaintiffs’ real and personal property. The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.

COUNCIL ACTION: Start Time: 10:27 AM
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Gerardo Peralta commented on Midway Reconstruction Plan.

COUNCIL ACTION: Start Time: 10:34 AM
PUBLIC COMMENT-2:

Dean Beiser commented on Midway redevelopment.

COUNCIL ACTION: Start Time: 10:36 AM
PUBLIC COMMENT-3:

Kai Chaigo commented on school lunches.

COUNCIL ACTION: Start Time: 10:37 AM
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, June 21, 2022
PUBLIC COMMENT-4:

Tiyanah Jacobs commented on Midway redevelopment.

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

Ace commented on urban conservation.

COUNCIL ACTION: Start Time: 10:39 AM
PUBLIC COMMENT-6:

Lori Saldaña commented on homeless funding.

COUNCIL ACTION: Start Time: 10:41 AM
PUBLIC COMMENT-7 (virtual):

Peggy Walker commented on smoking and vaping.

COUNCIL ACTION: Start Time: 10:44 AM
PUBLIC COMMENT-8 (virtual):

Becky Rapp commented on marijuana.

COUNCIL ACTION: Start Time: 10:46 AM
PUBLIC COMMENT-9 (virtual):

Terry-Ann Skelly commented on marijuana.

COUNCIL ACTION: Start Time: 10:48 AM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, June 21, 2022
PUBLIC COMMENT-10 (virtual):

Francine Maxwell commented on unsheltered African-Americans.

COUNCIL ACTION: Start Time: 10:50 AM
PUBLIC COMMENT-11 (virtual):

Judi Strang commented on marijuana.

COUNCIL ACTION: Start Time: 10:52 AM

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

Councilmember Campbell thanked the students and teachers from High Tech High for coming to City Council.

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

Councilmember von Wilpert thanked the students for engaging in the public debate and noted the requests for the Midway District.

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

Council President Elo-Rivera commented on the students visit from High Tech High and expressed his appreciation of the good ideas presented by the high school students.

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

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, June 21, 2022
City Clerk Maland commented on the new digital noticing display located inside the City Administration Building facing outside which displays the agenda and will soon be incorporating Boards & Commissions and other independent agencies at no cost to the general fund. City Clerk Maland thanked the City Attorney and the Department of IT for their support and expertise.

COUNCIL ACTION: Start Time: 10:05 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES:

APPROVED
5/17/2022
COUNCIL ACTION: Start Time: 10:06 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

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

Item 30: La Jolla United Methodist Church Nursery School Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, June 21, 2022

APPROVED
Proclaiming June 14, 2022, to be “La Jolla United Methodist Church Nursery School Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item 31: Zachary Patterson Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming June 30, 2022, to be “Zachary Patterson Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item 50: Exemption of One Program Manager Position in the Compliance Department from the Classified Service.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, June 21, 2022
Total Estimated Cost of Proposed Action and Funding Source:

This position is included in the Fiscal Year 2023 Proposed Budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-117) INTRODUCED, TO BE ADPOTED TUESDAY, JULY 12, 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 February 3, 2022. This Program Manager position will be responsible for overseeing and administering the City's Office of Labor Standards and Enforcement, and other related duties. 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 JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 60: Tecolote Canyon Trunk Sewer Improvement, Tecolote Canyon Golf Course Water Connection and Sewer Group 836 - Authorization to Award Construction Contract.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, June 21, 2022
The total phase-funded construction contract not-to-exceed amount is $51,000,000.00, of which $48,000,000 will be from the Muni Sewer CIP, Tecolote Canyon Trunk Sewer Improvement Fund; $2,000,000 from Water Utility CIP, Main Replacements; and $1,000,000 from the Muni Sewer CIP, Sewer Main Replacements.

Council District(s) Affected: 2, 6, 7.

Proposed Actions:

Subitem-A: (R-2022-554) ADOPTED AS RESOLUTION R-314178
Resolution authorizing the Mayor, or his designee, to advertise, award, and execute a contract for the Tecolote Canyon Trunk Sewer Improvement, Tecolote Canyon Golf Course Water Connection, and Sewer Group 836 project.

Subitem-B: (O-2022-119) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute change orders necessary to fulfill the purpose of the construction contract for the Tecolote Trunk Sewer Improvement, Tecolote Canyon Golf Course Water Connection, and Sewer Group 836 project in an amount not-to-exceed $1,000,000, per change order, contingent upon funds being available in the project budgets.

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 Chair von Wilpert, 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: 10:09 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, June 21, 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 100: Resolution Approving Side Letter Agreement to Amend the Memorandum of Understanding Between the City and the American Federation of State, County, and Municipal Employees, AFL-CIO, Local 127 Regarding Special Wage Adjustments.

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-2022-556) ADOPTED AS RESOLUTION R-314179
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 14 of the Memorandum of Understanding related to special wage adjustments. 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Dianne Mitra, (619) 533-6539
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY JOE LACAVA 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, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, June 21, 2022
Not Present: (None).

Item 101: Resolution Approving Side Letter Agreement to Amend the Memorandum of Understanding Between the City and the San Diego Municipal Employees Association Regarding Special Salary Adjustments.

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-2022-555) ADOPTED AS RESOLUTION R-314180
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 21 of the Memorandum of Understanding related to special salary adjustments.
6 votes required pursuant to Charter Section 11.2.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, June 21, 2022
Item 102: Witch Creek Fire Street Improvement; Fiscal Year 2022 Priority Legislative Budget Projects (PLBP) Grant.

Total Estimated Cost of Proposed Action and Funding Source:
2007 Witch Creek Fire Grant is part of Senate Bill-170 Budget Act of 2021. This action will authorize application to add additional Grant funds to the Street Resurfacing and Reconstruction Annual Allocation. The grant has no expiration date and does not require a grant match.

Council District(s) Affected: 5.

Proposed Actions:
(R-2022-546) ADOPTED AS RESOLUTION R-314181
Resolution authorizing the Mayor, or his designee, to make applications to the California Department of Transportation (Caltrans) and take all necessary actions to secure funding in an amount not-to-exceed $2,500,000, for CIP AID00005 Street Resurfacing and Reconstruction (B22155 Witch Creek Fire Street Improvements), for the Witch Creek Fire Street Improvements project; Authorizing the Chief Financial Officer to increase the Capital Improvement Budget in CIP AID00005 Street Resurfacing and Reconstruction (B-22155 Witch Creek Fire Street Improvements), and to accept, appropriate and expend an amount not-to-exceed $2,500,000, for the purpose of preliminary engineering, design, construction and construction administration, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.

Committee Actions Taken: N/A
Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, June 21, 2022
Item 103: Amended Conflict of Interest Code for the Engineering and Capital Projects Department.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-553) ADOPTED AS RESOLUTION R-314182
Resolution adopting an amended Conflict of Interest Code for the Engineering and Capital Projects Department.

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

Committee Actions Taken: N/A
Engineering & Capital Projects: Mark Gonzalez, (619) 533-4180 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 330: Elementary Institute of Science Student Presentation on Local Health and Economic Impacts of COVID-19.

Total Estimated Cost of Proposed Action and Funding Source: None.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, June 21, 2022
Council District(s) Affected: Citywide.

Proposed Actions: This item is informational only.

ITEM PRESENTED
Committee Actions Taken: N/A
Council District 4: Max Ellorin, (619) 236-6644
City Attorney Contact:

COUNCIL ACTION: Start Time: 2:05 PM
Item 331: This item was removed from the agenda.

Item S500: Establishing Franchise Compliance Review Committee.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures associated with this item.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-571) ADOPTED AS RESOLUTION R-314189
Resolution creating a Charter section 43(b) temporary committee named the Franchise Compliance Review Committee.

Committee Actions Taken: N/A
Office of the Mayor: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:28 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, June 21, 2022
Passed by the following vote:

Item S501: Non-Profit Agreement with Downtown San Diego Partnership for the Family Reunification Program.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize the Mayor, or his designee, to enter into a non-profit agreement consisting of $500,000 in Homeless Housing, Assistance, and Prevention Round 3 grant funds and $450,000 in General Funds, for a total of $950,000.

Council District(s) Affected: 3.

Proposed Actions:
(R-2022-560) ADOPTED AS RESOLUTION R-314190
Resolution authorizing a non-profit agreement with Downtown San Diego Partnership for the Family Reunification Program.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhood Committee meeting on June 8, 2022.

ACTION: Motion by Committee Member von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions and direct staff to provide a detailed budget report of the program when the item comes to City Council.

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

Homelessness Strategies: Hafsa Kaka, (213) 725-1120
City Attorney Contact: Heather Ferbert
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, June 21, 2022
COUNCIL ACTION: Start Time: 2:59 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item S502: Second Amendment to Agreement with Liebert Cassidy Whitmore to Provide Continued As-Needed Legal Services as Panel Outside Counsel.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed Second Amendment to the legal services agreement is for an increase of $600,000, for a total contract amount not-to-exceed $1,100,000. Funding will come from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-398) ADOPTED AS RESOLUTION R-314183
Resolution authorizing the Mayor, or his designee, to execute the Second Amendment to the Agreement with Liebert Cassidy Whitmore for continued as-needed legal services, in an amount not-to-exceed $1,100,000.

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert. (Councilmember LaCava moved the Consent Agenda but voted nay on Item S502.) Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, June 21, 2022
Passed by the following vote:

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

Item S503: Appointment and Reappointments to the Accessibility Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2, 4, 5.

Proposed Actions:
(R-2022-561) ADOPTED AS RESOLUTION R-314184
Resolution confirming the Mayor's appointment of Jacqueline Jackson and reappointments of Wayne Landon and Patricia Sieglen-Perry to the Accessibility Advisory Board for terms ending June 30, 2023.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, June 21, 2022
Item S504: A Resolution of the Council of the City of San Diego Approving the Tentative Agreement and the Memorandum of Understanding Between the City and the San Diego Police Officers Association Regarding the Terms and Conditions of Employment for Fiscal Years 2023 and 2024.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of the proposed MOU is estimated to be $31.6M in the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-575) ADOPTED AS RESOLUTION R-314185
Resolution accepting and approving the Tentative Agreement and approving the Memorandum of Understanding between the City of San Diego and the San Diego Police Officers Association regarding terms and conditions of employment for Fiscal Years 2023 and 2024. 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 236-6339
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, June 21, 2022
Item S505: A Resolution of the Council of the City of San Diego Approving the Tentative Agreement and the Memorandum of Understanding Between the City and the California Teamsters Local 911 Regarding Terms and Conditions of Employment for Fiscal Years 2023 and 2024.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of the proposed MOU is estimated to be $3.2M in the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-576) ADOPTED AS RESOLUTION R-314186
Resolution accepting and approving the Tentative Agreement and approving the Memorandum of Understanding between the City of San Diego and the California Teamsters Local 911 regarding terms and conditions of employment for Fiscal Years 2023 and 2024. 6 votes required pursuant to Charter Section 11.2.

Passed by the following vote:

Item S506: A Resolution of the Council of the City of San Diego Approving the Tentative Agreement and the Memorandum of Understanding Between the City and San Diego City Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, June 21, 2022
Firefighters, International Association of Firefighters, Local 145, Regarding Terms and Conditions of Employment for Fiscal Years 2023 and 2024.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of the proposed MOU is estimated to be $21.6M Citywide, with $21.5M in the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-574) ADOPTED AS RESOLUTION R-314187
Resolution accepting and approving the Tentative Agreement and approving the Memorandum of Understanding between the City of San Diego and the San Diego City Firefighters, International Association of Firefighters, Local 145 regarding terms and conditions of employment for Fiscal Years 2023 and 2024.
6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 379-5583
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

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

Item S507: Parent Institute for Quality Education 35th Anniversary Day.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, June 21, 2022
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming June 22, 2022, to be “PIQE 35th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S508: Tiffany Burroughs Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming June 30, 2022 to be “Tiffany Burroughs Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, June 21, 2022
Item S509: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 549530.

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

Proposed Actions:
(R-2022-579) ADOPTED AS RESOLUTION R-314188
Resolution reconsidering the circumstances of the state of emergency related to Covid-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act.

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

Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:09 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

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 COUNCIL ACTION: Start Time: 3:21 PM
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, June 21, 2022

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:22 p.m.

COUNCIL ACTION: Start Time: 3:22 PM

San Diego City CouncilJune 21, 2022

San Diego City Council
June 21, 2022