THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JUNE 28, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 CLOSED SESSION................................................................................................................5 NON-AGENDA PUBLIC COMMENT........................................................................................11
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................13 SPECIAL ORDERS OF BUSINESS .........................................................................................13 APPROVAL OF COUNCIL MINUTES ......................................................................................14 Item 30: Mike Curren Day .................................................................................................14 Item 31: The Patrons of the Prado 25th Anniversary Day.....................................................15 Item 32: Tom Wong Day...................................................................................................15 Item 33: Dr. Jennifer M. Tuteur Day...................................................................................16 Item 50: Exemption of Forty-Three (43) Positions in the City of San Diego from the Classified Service..............................................................................................................................16 Item 51: Ordinance to Authorize a Second Amendment to the Agreement Between the City of San Diego and Streamline Automation Systems....................................................................21 Minutes of Tuesday, June 28, 2022 Page 2
Table of Contents (Continued)
Item 52: 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..............................................................22 Item 53: Authorization to Extend the Agreement with CentralSquare Technologies for Fire’s Computer Aided Dispatch (CAD) System..............................................................................23 Item 54: Award a Phase-Funded Consultant Agreement, Contract #H2125775, to Rick Engineering to Provide Professional Engineering Services for the Maple Canyon Storm Drain Upgrade............................................................................................................................24 Item 55: Ordinance Amending the Supplemental Pension Savings Plan H (SPSP-H) as a Result of the Unwinding of Proposition B .......................................................................................25 Item 56: Ordinance Amending the San Diego Municipal Code Related to the Unwinding of Proposition B .....................................................................................................................26 Item 100: Adoption of the Amended Flexible Benefits Plan for Eligible Employees for July 1, 2022, through December 31, 2022......................................................................................27 Item 101: First Amendment to Agreement for Behavioral Health Services with the County of San Diego .........................................................................................................................28 Item 102: Settlement of Judith Pfohl v. City of San Diego, San Diego Superior Court Case No. 37-2020-00031287-CU-PO-CTL, Claim No. 24038 .................................................................29 Item 103: Settlement of Beatriz Zarza v. City of San Diego, 37-2020-00043459-CU-PO-CTL, Risk Claim No. 23588 .........................................................................................................30 Item 104: Settlement of Anna Avenue Associates et al. v. City of San Diego et al., San Diego Superior Court Case No. 37-2018-00000231-CU-EI-CTL, Risk No. 18047 ................................31 Item 330: Fiscal Year 2023 Tax Rate Ordinance for the Maintenance of Zoological Exhibits ....32 Item 331: Fiscal Year 2023 Tax Appropriations Limit (Gann Limit) ........................................32 Item 332: Adopting a Temporary Rule of Council Changing the Names and Responsibilities of Committee Consultants and Committee Consultant’s Assistant...............................................33 Item S500: Fifth Amendment to Renew Lease at 525 B Street, San Diego, CA 92101, Between I&G 525 B Street, LLC, and the City of San Diego.................................................................34 Item S501: Ordinance Approving Revisions to the Exhibits for Fiscal Year 2023 Salary Ordinance .........................................................................................................................36 Minutes of Tuesday, June 28, 2022 Page 3
Table of Contents (Continued)
Item S502: First Amendment to the Agreement with the Regents of the University of California, San Diego’s Scripps Institution of Oceanography, for continued support for Real-Time Oceanographic Mooring Systems for the Point Loma and South Bay Ocean Outfalls.................... ........................................................................................................................................37 Item S503: Authorization to Execute a Contract with Polydyne Inc. (Bid No. 10089845-22-J) to Purchase Anionic Polymer for Point Loma, Public Utilities Department....................................38 Item S504: Authorization to Execute a Contract with Polydyne Inc. (Bid No. 10089844-22-J) to Purchase Mannich Polymer for Metropolitan Biosolids Center, Public Utilities Department ........39 Item S505: Fiscal Year 2023 Appropriation Ordinance..........................................................40 Item S506: Consideration of Nominees for Appointment to the Horton Plaza Theatres Foundation Board of Directors.............................................................................................42 Item S507: Submission of Ballot Proposals for the November 8, 2022, Ballot.........................42 Item S508: Council Policy 000-21 Ballot Proposals, November 2022......................................44 REPORT OUT FROM CLOSED SESSION................................................................................44 ADJOURNMENT .................................................................................................................45 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, June 28, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. The meeting was recessed by Council President Elo-Rivera at 11:06 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 2:48 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)
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
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, June 28, 2022
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
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 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 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, June 28, 2022
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 Employee organizations:
Deputy City Attorneys Association (DCAA)
San Diego Municipal Employees’ Association (MEA)
REFERRED TO CLOSED SESSION OF TUESDAY, JUNE 28, 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: 10:33 AM
Public testimony by Lori Saldaña and John Stump.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, June 28, 2022
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
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.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, June 28, 2022
Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Charles Modica, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney Leslie Fitzgerald, Assistant City Attorney, Office of the City Attorney Kristin Zlotnik, Chief Deputy City Attorney, Office of the City Attorney Joan Dawson, Senior Deputy City Attorney, Office of the City Attorney Alison Adema, Senior Deputy City Attorney, Office of the City Attorney Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:
American Federation of State, County and Municipal Employees, Local 127 (AFSCME Local 127) Deputy City Attorneys Association (DCAA)
San Diego City Firefighters, International Association of Fire Fighters, Local 145 San Diego Municipal Employees’ Association (MEA)
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
REFERRED TO CLOSED SESSION OF TUESDAY, JUNE 28, 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 in regards to a proposed ballot measure to amend the City Charter to move certain Personnel Department positions and functions under the management of the Mayor.
COUNCIL ACTION: Start Time: 10:33 AM
Public testimony by Lori Saldaña and John Stump.
Council President Elo-Rivera closed the hearing.
CS-3 City Designated Management Team Representatives:
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, June 28, 2022
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
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 Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, June 28, 2022
Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney Leslie Fitzgerald, Assistant City Attorney, Office of the City Attorney Kristin Zlotnik, Chief Deputy City Attorney, Office of the City Attorney Joan Dawson, Senior Deputy City Attorney, Office of the City Attorney Alison Adema, Senior Deputy City Attorney, Office of the City Attorney Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:
San Diego Police Officers Association (SDPOA)
REFERRED TO CLOSED SESSION OF TUESDAY, JUNE 28, 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 Negotiation Team regarding the meet and confer with the Police Officers Association (POA) related to the Commission on Police Practices.
COUNCIL ACTION: Start Time: 10:33 AM
Public testimony by Lori Saldaña and John Stump.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
David Rodger commented on Spaces as Places.
COUNCIL ACTION: Start Time: 10:46 AM
PUBLIC COMMENT-2:
Neil Raymond Ricco commented on housing.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, June 28, 2022
COUNCIL ACTION: Start Time: 10:48 AM
PUBLIC COMMENT-3 (virtual):
Terri-Ann Skelly commented on Senate Bill 1097 Cannabis Right to Know Act.
COUNCIL ACTION: Start Time: 10:50 AM
PUBLIC COMMENT-4 (virtual):
Barbara Gordon commented on over-medicalization of marijuana.
COUNCIL ACTION: Start Time: 10:53 AM
PUBLIC COMMENT-5 (virtual):
Lori Saldaña commented on humanitarian crisis outside of CAB.
COUNCIL ACTION: Start Time: 10:55 AM
PUBLIC COMMENT-6 (virtual):
Ruby Williams commented on stopping emergency ordinance requiring mandatory COVID-19 vaccinations.
COUNCIL ACTION: Start Time: 10:57 AM
PUBLIC COMMENT-7 (virtual):
John Stump commented on reports not fully complying/revealing how a contractor/organization is doing in regards to established City policies.
COUNCIL ACTION: Start Time: 10:58 AM
PUBLIC COMMENT-8 (virtual):
Becky Rapp commented on World Drug Day.
COUNCIL ACTION: Start Time: 11:00 AM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, June 28, 2022
PUBLIC COMMENT-9 (virtual):
Diana Ake commented on stopping emergency ordinance requiring vaccinations.
COUNCIL ACTION: Start Time: 11:02 AM
PUBLIC COMMENT-10 (virtual):
Rita Morgan commented on my body, my choice; and COVID vaccine.
COUNCIL ACTION: Start Time: 11:03 AM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT MAYORAL COMMENT:
Javier Gomez announced this was his last meeting as the Senior Advisor of Policy and Council Affairs. He expressed a heartfelt thank you to the Council, IBA, City Attorney, and staff for working together for the betterment of the community and San Diegans. His new title will now be Global Affairs Director in the Mayor’s Office.
COUNCIL ACTION: Start Time: 2:05 PM
SPECIAL ORDERS OF BUSINESS
None.
APPROVAL OF COUNCIL MINUTES
APPROVED
05/23/2022 Adjourned
05/23/2022 Special
05/24/2022
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Jennifer Campbell.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, June 28, 2022
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 30: Mike Curren Day.
COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
APPROVED
Proclaiming July 9, 2022, to be "Mike Curren Day" in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 31: The Patrons of the Prado 25th Anniversary Day.
MAYOR GLORIA AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:
APPROVED
Proclaiming July 9, 2022, to be “The Patrons of the Prado 25th Anniversary Day" in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Marni von Wilpert.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, June 28, 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 32: Tom Wong Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
APPROVED
Proclaiming July 11, 2022, to be “Tom Wong Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 33: Dr. Jennifer M. Tuteur Day.
COUNCILMEMBER CAMPBELL AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming July 18, 2022, to be “Dr. Jennifer Tuteur Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, June 28, 2022
Item 50: Exemption of Forty-Three (43) Positions in the City of San Diego from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
These positions are included in the Fiscal Year 2023 Adopted Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinances, which are brought forward under San Diego Charter Section 117(a)(17).
Subitem-A: (O-2022-122) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Communications Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-B: (O-2022-123) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Department of General Services from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-C: (O-2022-124) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Department of Finance from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-D: (O-2022-125) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Department of Race and Equity from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-E: (O-2022-126) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City's Department of Real Estate and Airport Management from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, June 28, 2022
Subitem-F: (O-2022-127) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City's Development Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-G: (O-2022-128) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Assistant Department Director position, three Deputy Director positions, and one Assistant Deputy Director position in the City's Engineering and Capital Projects Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-H: (O-2022-129) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Deputy Director position, one Program Manager position, and one Program Coordinator position in the City's Environmental Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-I: (O-2022-130) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Homelessness Strategies and Solutions Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-J: (O-2022-131) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of two Program Manager positions and five Program Coordinator positions in the City's Human Resources Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-K: (O-2022-132) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Office of the Chief Operating Officer from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-L: (O-2022-133) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City's Office of the City Clerk from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-M: (O-2022-134) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, June 28, 2022
Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City's Office of the City Treasurer from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-N: (O-2022-135) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Office of Emergency Services from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-O: (O-2022-136) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Manager position and one Program Coordinator position in the City's Parks and Recreation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-P: (O-2022-137) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Personnel Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-Q: (O-2022-138) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Performance and Analytics Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-R: (O-2022-139 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of two Program Manager positions in the City's Planning Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-S: (O-2022-140) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of two Assistant Deputy Director positions, two Program Manager positions, and one Assistant to the Water Department Director position in the City's Public Utilities Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-T: (O-2022-141) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of one Assistant Deputy Director position and one Program Manager position in the City's Stormwater Department from the Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, June 28, 2022
Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-U: (O-2022-143) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Sustainability and Mobility Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Committee Actions Taken: N/A
Department of Finance: Sally Rubi, (619) 236-7024
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 51: 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: November 19, 2022, to November 19, 2023. These costs are budgeted in the San Diego Fire Department's General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/14/2022, Item 50 (Council voted 9-0):
(O-2022-111) ADOPTED AS ORDINANCE O-21469 (New Series)
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.
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, June 28, 2022
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Fire-Rescue: John Wood, Assistant Fire Chief, (619) 533-4302 City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 52: 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.
Council District(s) Affected: 2.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/14/2022, Item 51 (Council voted 9-0):
(O-2022-114) ADOPTED AS ORDINANCE O-21470 (New Series)
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: N/A
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, June 28, 2022
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 53: 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.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/14/2022, Item 52 (Council voted 9-0):
(O-2022-110) ADOPTED AS ORDINANCE O-21471 (New Series)
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: N/A
Fire-Rescue: John Wood, Assistant Fire Chief, (619) 533-4302 City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, June 28, 2022
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 54: 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:
Adopt the following ordinance which was introduced on 6/14/2022, Item 60, Subitem B (Council voted 9-0):
(O-2022-113) ADOPTED AS ORDINANCE O-21472 (New Series)
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: N/A
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, June 28, 2022
Nay: (None);
Recused: (None);
Not Present: (None).
Item 55: 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:
Adopt the following ordinance which was introduced on 6/14/2022, Item S500 (Council voted 7- 0, Councilmember von Wilpert, Councilmember Campillo-recused):
(O-2022-118) ADOPTED AS ORDINANCE O-21473 (New Series)
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: 10:25 AM
MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.
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).
Item 56: Ordinance Amending the San Diego Municipal Code Related to the Unwinding of Proposition B.
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, June 28, 2022
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/14/2022, Item S505 (Council voted 7- 0, Councilmember von Wilpert, Councilmember Campillo-recused):
(O-2022-120) ADOPTED AS ORDINANCE O-21474 (New Series)
Ordinance amending the San Diego Municipal Code related to the unwinding of Proposition B.
Committee Actions Taken: N/A
Human Resources: Dianne Mitra, (619) 533-6539
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.
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).
Item 100: Adoption of the Amended Flexible Benefits Plan for Eligible Employees for July 1, 2022, through December 31, 2022.
Total Estimated Cost of Proposed Action and Funding Source:
Funding is appropriated in the annual budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-570) ADOPTED AS RESOLUTION R-314196
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, June 28, 2022
Resolution adopting the amended Flexible Benefits Plan for eligible employees for July 1, 2022, through December 31, 2022.
Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 101: First Amendment to Agreement for Behavioral Health Services with the County of San Diego.
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-2022-578) ADOPTED AS RESOLUTION R-314197
Resolution approving that certain First Amendment to Agreement for Behavioral Health Services with the County of San Diego.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on June 15, 2022.
ACTION: Motion by Chair Campillo, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, June 28, 2022
Government Affairs: Adrian Granda, (619) 533-5965
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 102: Settlement of Judith Pfohl v. City of San Diego, San Diego Superior Court Case No. 37-2020-00031287-CU-PO-CTL, Claim No. 24038.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $175,000 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-526) ADOPTED AS RESOLUTION R-314198
Resolution authorizing the Settlement of Judith Pfohl v. City of San Diego, San Diego Superior Court Case No. 37-2020-00031287-CU-PO-CTL, related to a personal injury accident that occurred on July 30, 2019, at the intersection of 14th Street and Imperial Avenue. Risk Claim No. 24038.
Committee Actions Taken: N/A
Office of the City Attorney: Kelly McGeehan, (619) 533-5884 COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, June 28, 2022
Recused: (None);
Not Present: (None).
Item 103: Settlement of Beatriz Zarza v. City of San Diego, 37-2020-00043459-CU-PO-CTL, Risk Claim No. 23588.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $135,000 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-527) ADOPTED AS RESOLUTION R-314199
Resolution authorizing the Settlement of Beatriz Zarza v. City of San Diego, 37-2020-00043459- CU-PO-CTL, related to a personal injury accident that occurred on May 1, 2019, in the 900 block of 13th Street in San Diego when Plaintiff exited her car and stepped onto the edge of a large pothole. Risk Claim No. 23588.
Committee Actions Taken: N/A
Office of the City Attorney: Kelly McGeehan, (619) 533-5884 COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 104: Settlement of Anna Avenue Associates et al. v. City of San Diego et al., San Diego Superior Court Case No. 37-2018-00000231-CU-EI-CTL, Risk No. 18047.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $325,000 will be paid from the Public Liability Fund.
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, June 28, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-550) ADOPTED AS RESOLUTION R-314200
Resolution authorizing the Settlement of Anna Avenue Associates et al. v. City of San Diego et al., San Diego Superior Court Case No. 37-2018-00000231-CU-EI-CTL, related to a claim for inverse condemnation, nuisance, and trespass due to the reoccurring flooding and lack of drainage of an unimproved public right-of-way that abuts their property located at 5216 Anna Avenue. Risk Claim No. 18047.
Committee Actions Taken: N/A
Office of the City Attorney: Jana Will, (619) 533-5867
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 330: Fiscal Year 2023 Tax Rate Ordinance for the Maintenance of Zoological Exhibits.
Total Estimated Cost of Proposed Action and Funding Source:
Funding is appropriated in the Fiscal Year 2023 Adopted Budget for the maintenance of zoological exhibits in the amount of $17,730,202 and is budgeted in the Zoological Exhibits Maintenance Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-115) INTRODUCED AND ADOPTED AS O-21475 (New Series) Introduce and adopt an Ordinance fixing the rate of taxation to maintain zoological exhibits in Balboa Park for Fiscal Year 2023.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, June 28, 2022
Department of Finance: Ambar Gutierrez, (619) 533-6297
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:21 PM
MOTION BY STEPHEN WHITBURN TO INTRODUCE, DISPENSE WITH THE READING, AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 331: Fiscal Year 2023 Tax Appropriations Limit (Gann Limit).
Total Estimated Cost of Proposed Action and Funding Source:
This item is to establish a Tax Appropriations Limit (Gann Limit) of $4,678,887,408 for Fiscal Year 2023.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-548) ADOPTED AS RESOLUTION R-314207
Resolution approving the establishment of the Fiscal Year 2023 Tax Appropriations Limit (Gann Limit).
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Department of Finance: Ambar Gutierrez, (619) 533-6297
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:14 PM
MOTION BY CHRIS CATE TO ADOPT. Second by Sean Elo-Rivera.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, June 28, 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 332: Adopting a Temporary Rule of Council Changing the Names and Responsibilities of Committee Consultants and Committee Consultant’s Assistant.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-573) ADOPTED AS RESOLUTION R-314208
Resolution adopting temporary Rules of Council, superseding rules 6.5.3, 6.6.2, 6.7.3, and
6.9.4, relating to the title and responsibilities of committee consultants and committee consultant's assistants.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council Administration: Mary Ann Wallace, (619) 236-6442 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 2:10 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item S500: Fifth Amendment to Renew Lease at 525 B Street, San Diego, CA 92101, Between I&G 525 B Street, LLC, and the City of San Diego.
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, June 28, 2022
Total Estimated Cost of Proposed Action and Funding Source:
Please see Fiscal Considerations section of the Staff Report.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2022-581) ADOPTED AS RESOLUTION R-314201
Resolution determining that approval of that certain Fifth Amendment to Lease between I & G 525 B Street, LLC, a Delaware Limited Liability Company, and the City of San Diego is categorically exempt from the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15301.
This subitem is not subject to the 6 vote requirement.
Subitem-B: (O-2022-148 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance approving that certain Fifth Amendment to Lease between I & G 525 B Street, LLC, a Delaware Limited Liability Company, and the City of San Diego. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on June 16, 2022.
ACTION: Motion by Committee Member Cate, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.
Department of Real Estate and Airport Management: Karen Johnson, (619) 236-6191 City Attorney Contact: Delmar G. Williams
COUNCIL ACTION: Start Time: 10:07 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:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, June 28, 2022
Item S501: Ordinance Approving Revisions to the Exhibits for Fiscal Year 2023 Salary Ordinance.
Total Estimated Cost of Proposed Action and Funding Source:
Approval of the Salary Ordinance is required under the City's Charter as part of the annual budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-149) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance approving revisions to exhibits for the Fiscal Year 2023 Salary Ordinance related to specified represented classifications.
Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 379-5583
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item S502: First Amendment to the Agreement with the Regents of the University of California, San Diego’s Scripps Institution of Oceanography, for continued support for Real-Time Oceanographic Mooring Systems for the Point Loma and South Bay Ocean Outfalls.
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 28, 2022
Authorization of this First Amendment to the agreement will increase the cost by $1,250,000, for a total contract amount of $2,500,000 over the ten-year term which expires in June 2027.
Funds will come from the Metro Sewer Utility Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2022-590 Cor. Copy) ADOPTED AS RESOLUTION R-314202 Resolution of the City Council declaring that this activity is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15301 and 15306.
Subitem-B: (O-2022-153 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 12, 2022 Introduction of an Ordinance authorizing the Mayor to sign the First Amendment to the Agreement with the UC Regents for continued support of Oceanographic Mooring Systems for Point Loma and South Bay outfalls in an amount not-to-exceed $1,250,000, for a total Agreement amount of $2,500,000 and adding five years for a total term of ten years. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 23, 2022.
ACTION: Motion by Committee Member Campbell, second by Vice Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-not present.
Public Utilities: Ryan Kempster, (619) 758-2329
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:07 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:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, June 28, 2022
Item S503: Authorization to Execute a Contract with Polydyne Inc. (Bid No. 10089845-22-J) to Purchase Anionic Polymer for Point Loma, Public Utilities Department.
Total Estimated Cost of Proposed Action and Funding Source:
This project will be funded by the Metro Sewer Utility Fund and the total cost will be $5,123,180.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2022-594 Cor. Copy) ADOPTED AS RESOLUTION R-314203 Resolution of the City Council determining that the activity is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(B).
Subitem-B: (R-2022-593 Cor. Copy) ADOPTED AS RESOLUTION R-314204 Resolution authorizing the Mayor to sign a one-year contract with four additional one-year options with Polydyne, Inc., to provide Anionic Polymer as required for the Point Loma Wastewater Treatment Plant, in an amount not-to-exceed $5,123,180, over five years.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 23, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Public Utilities: Craig Boyd, (858) 654-4433
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.
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 34 for the Regular Meeting of Tuesday, June 28, 2022
Not Present: (None).
Item S504: Authorization to Execute a Contract with Polydyne Inc. (Bid No. 10089844-22-J) to Purchase Mannich Polymer for Metropolitan Biosolids Center, Public Utilities Department.
Total Estimated Cost of Proposed Action and Funding Source:
This project will be funded by the Metro Fund, with a total cost of $19,710,807.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2022-589 Cor. Copy) ADOPTED AS RESOLUTION R-314205 Resolution of the City Council determining that the activity is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(B).
Subitem-B: (R-2022-588 Cor. Copy) ADOPTED AS RESOLUTION R-314206 Resolution authorizing the Mayor to sign a one-year contract with four additional one-year options with Polydyne, Inc., to provide Mannich Polymer as required for the Metropolitan Biosolids Center, in an amount not-to-exceed $19,710,807, over five years.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 23, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Public Utilities: Craig Boyd, (858) 654-4433
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.
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 35 for the Regular Meeting of Tuesday, June 28, 2022
Not Present: (None).
Item S505: Fiscal Year 2023 Appropriation Ordinance.
Total Estimated Cost of Proposed Action and Funding Source:
The Fiscal Year 2023 Appropriation Ordinance appropriates the Fiscal Year 2023 Adopted Budget. Please see attachments for more information.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-142) INTRODUCED AND ADOPTED AS ORDINANCE O-21476 (New Series) Introduce and adopt an Ordinance approving the Budget of the City of San Diego for Fiscal Year 2023 and appropriating all necessary funds to operate the City.
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on June 22, 2022.
ACTION: Motion by Committee Member Montgomery Steppe, second by Vice Chair Elo-Rivera, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Department of Finance: Vanessa Montenegro, (619) 533-6169 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:34 PM
MOTION BY CHRIS CATE TO INTRODUCE, DISPENSE WITH THE READING, AND ADOPT THE ORDINANCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, June 28, 2022
Item S506: Consideration of Nominees for Appointment to the Horton Plaza Theatres Foundation Board of Directors.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-595) ADOPTED AS RESOLUTION R-314209
Resolution appointing members of the Board of Directors of the Horton Plaza Theatres Foundation.
Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:07 AM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Item S507: 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].
Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, June 28, 2022
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
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 S508: 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.
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, June 28, 2022
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.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, June 28, 2022
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 2:48 p.m.
COUNCIL ACTION: Start Time: 2:48 PM