Minutes — San Diego City Council, July 12, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JULY 12, 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 .........................................................................................7

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................8 Item 30: 2022 San Diego Lesbian Gay Bisexual Transgender Queer Pride Month.....................8 Item 50: Authorize Construction Change Order #2 to Agreement with Urban Corps of San Diego County for Design and Construction of Chollas Creek, Oak Park Branch Trail Project Extending the Contract Term Beyond 5 Years in an Amount Not-to-Exceed $808,800 ...............9 Item 51: First Amendment to the Consultant Agreement (H166749) with Architects Hanna Gabriel Wells for Design of Pacific Highlands Ranch Branch Library........................................10 Item 52: California Coastal Commission Suggested Modifications to Two Ordinances Amending the San Diego Municipal Code and Local Coastal Program: (1) Movable Tiny Houses Amendments to the Companion Unit and (2) Junior Unit Regulations and the Housing Legislation Code Update .....................................................................................................11 Item 53: Exemption of One Program Manager Position in the Compliance Department from the Classified Service ...............................................................................................................13 Item 54: Tecolote Canyon Trunk Sewer Improvement, Tecolote Canyon Golf Course Water Connection and Sewer Group 836 - Authorization to Award Construction Contract ..................14 Minutes of Tuesday, July 12, 2022 Page 2
Table of Contents (Continued)
Item 55: 13th & Broadway Affordable Housing (North Side of Broadway Between 13th and 14th streets) in the East Village Neighborhood of the Downtown Community Plan Area – First Implementation Agreement to Disposition and Development Agreement with Chelsea Investment Corporation, Ratification of City’s Authorization of Joint Funding Applications, and Waiving San Diego Municipal Code 143.0540 .......................................................................15 Item 56: Exemption of Forty three (43) Positions in the City of San Diego from the Classified Service..............................................................................................................................16 Item 57: 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..................................................................20 Item 58: Ordinance Approving Revisions to the Exhibits for Fiscal Year 2023 Salary Ordinance ........................................................................................................................................21 Item 59: 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.................... ........................................................................................................................................22 Item 60: Approval of the Joint Use Agreements Between the City and SDUSD for Adams Elementary, Challenger Middle, Mission Bay High, Normal Heights Elementary, Roosevelt Middle, and Taft Middle Schools .....................................................................................................23 Item 61: Execute a Reimbursement Agreement Between the Otay Water District and The City of San Diego, for La Media Road Improvements Project........................................................25 Item 100: Authorization to Award Construction Contract #K-22-1972-DBB-3-A for Harbor Drive Trunk Sewer......................................................................................................................26 Item 101: Settlement of SD Indoor Soccer, Inc v. City of San Diego, San Diego Superior Court Case No. 37-2020-00038099-CU-EL-CTL, Risk No. 24706......................................................27 Item 102: Settlement of Jorge L. Cota v. City of San Diego, et al.; San Diego Superior Court Case No. 37-2018-00000842-CU-PA-CTL. Claim No.16822 ....................................................28 Item 103: Appointment to the La Jolla Shores Planned District Advisory Board ......................29 Item 104: Reappointment to the Funds Commission............................................................30 Item 330: Water Rate Adjustments and Proposition 218 Notice and Hearing .........................31 Item S500: Willie L. Morrow Day........................................................................................32 Item S501: Parks and Recreation Month.............................................................................32 Minutes of Tuesday, July 12, 2022 Page 3
Table of Contents (Continued)
Item S502: Consideration of a Nominee for Appointment to the Franchise Compliance Review Committee.........................................................................................................................33 REPORT OUT FROM CLOSED SESSION................................................................................34 ADJOURNMENT .................................................................................................................34 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, July 12, 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 10:51 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 2:27 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 3:16 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 3:18 p.m.

ATTENDANCE DURING THE MEETING

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

CITY CLERK
Maland (mrh)

ROLL CALL
(1) Councilmember LaCava-present
(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, July 12, 2022

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

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

CS-1 Catherine Borinstein v. City of San Diego
San Diego Superior Court Case No. 37-2018-00038024-CU-PO-CTL Risk Management Department Claim File No. 19166
REFERRED TO CLOSED SESSION OF TUESDAY, JULY 12, 2022
DCA Assigned: E. Kilcoyne
This case arises from a trip and fall on a sidewalk. 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: 10:37 AM
Council President Elo-Rivera closed the hearing.

CS-2 Division 80 LLC v. Merrick Garland, et al.

United States District Court Case No. :22-CV-00148
REFERRED TO CLOSED SESSION OF TUESDAY, JULY 12, 2022
DCA Assigned: J. Rau
A ghost gun parts manufacturer in Texas filed a lawsuit challenging new ghost gun regulations.

The City Attorney’s Office will advise the Mayor and City Council on possible participation as amicus curiae in support of the federal government.

COUNCIL ACTION: Start Time: 10:37 AM
Council President Elo-Rivera closed the hearing.

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, July 12, 2022
CS-3 303 Creative LLC v. Elenis
United States Supreme Court Case No. 19-1413
REFERRED TO CLOSED SESSION OF TUESDAY, JULY 12, 2022
DCA Assigned: J. Rau
A web designer brought a First Amendment challenge to the Colorado Anti-Discrimination Act, a state nondiscrimination law that requires public accommodations to serve the public without regard to sexual orientation. The trial and appeals courts ruled in favor of the State of Colorado.

The City Attorney’s Office will advise the Mayor and City Council on possible participation in this litigation as amicus curiae in support of the State of Colorado.

COUNCIL ACTION: Start Time: 10:37 AM
Council President Elo-Rivera closed the hearing.

CS-4 Merrill v. Milligan
United States Supreme Court Case Nos. 21-1086 and 21-1087 REFERRED TO CLOSED SESSION OF TUESDAY, JULY 12, 2022
DCA Assigned: K. King
In Fall 2022, the United States Supreme Court will hear this case, which impacts voting rights under Section 2 of the Voting Rights Act of 1965. Plaintiffs sued the State of Alabama, arguing its new congressional district plan should have included two districts comprising a majority of African America voters instead of one since the 2020 Census Data showed an increase in the African America population. The City Attorney’s Office will advise the Mayor and City Council on possible participation in this litigation as amicus curiae in support of Respondent and Plaintiffs Milligan, et al.

COUNCIL ACTION: Start Time: 10:37 AM
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, July 12, 2022
Peter Nopper commented on Covid-19 policies.

COUNCIL ACTION: Start Time: 10:38 AM
PUBLIC COMMENT-2:

Janis Wilds commented on justice with joy.

COUNCIL ACTION: Start Time: 10:41 AM
PUBLIC COMMENT-3 (virtual):

Tasha Williamson commented on the SDFD.

COUNCIL ACTION: Start Time: 10:43 AM
PUBLIC COMMENT-4 (virtual):

Mark Wilcox commented on Senate Bill 1097.

COUNCIL ACTION: Start Time: 10:45 AM
PUBLIC COMMENT-5 (virtual):

Joy Sunyata commented on Paul Downey.

COUNCIL ACTION: Start Time: 10:47 AM
PUBLIC COMMENT-6 (virtual):

Judi Strang commented on the unsheltered.

COUNCIL ACTION: Start Time: 10:49 AM

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

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, July 12, 2022

SPECIAL ORDERS OF BUSINESS
None.

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

Item 30: 2022 San Diego Lesbian Gay Bisexual Transgender Queer Pride Month.

MAYOR GLORIA, COUNCILMEMBER CAMPBELL, AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Proclaiming the month of July 2022, to be “Lesbian, Gay, Bisexual, Transgender, Queer Pride Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

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

Item 50: Authorize Construction Change Order #2 to Agreement with Urban Corps of San Diego County for Design and Construction of Chollas Creek, Oak Park Branch Trail Project Extending the Contract Term Beyond 5 Years in an Amount Not-to-Exceed $808,800.

Total Estimated Cost of Proposed Action and Funding Source:

This action will certify, encumber, and authorize expenditure of up to $808,800 from Climate Equity Fund for the Chollas Creek, Oak Park Branch Trail Project.

Council District(s) Affected: 9.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, July 12, 2022
(O-2022-150) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 26, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Construction Change Order No. 2, to the Agreement for Construction Services with Urban Corps of San Diego County, extending the Agreement an additional five years in an amount not-to-exceed $808,800, in connection with the Chollas Creek, Oak Park Branch Trail Project. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on June 22, 2022.

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

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

Planning: Gaetano Martedi, (619) 533-3678
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 51: First Amendment to the Consultant Agreement (H166749) with Architects Hanna Gabriel Wells for Design of Pacific Highlands Ranch Branch Library.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this first amendment to the agreement will extend the contract duration with Architects Hanna Gabriel Wells from 60 months to 96 months. This is a no-cost, time extension only amendment.

Council District(s) Affected: 1.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, July 12, 2022
Proposed Actions:
(O-2022-146) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 26, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Consultant Agreement with Architects Hanna Gabriel Wells (HGW) extending the Agreement an additional 36 months for Pacific Highlands Ranch Branch Library. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on June 22, 2022.

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

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

Engineering & Capital Projects: Edgar Lozano, (619) 533-6613 City Attorney Contact: Dana C. Fairchild
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 52: California Coastal Commission Suggested Modifications to Two Ordinances Amending the San Diego Municipal Code and Local Coastal Program: (1) Movable Tiny Houses Amendments to the Companion Unit and (2) Junior Unit Regulations and the Housing Legislation Code Update.

Total Estimated Cost of Proposed Action and Funding Source:

Cost associated with implementation of this ordinance would be covered by project applicants.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, July 12, 2022
Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following ordinance which was introduced on 6/20/2022, Item 204 (Council voted 8-0 Moreno-not present):

This action is to incorporate the California Coastal Commission modifications to the Movable Tiny Houses Ordinance and Housing Legislation Code Update. The modifications include: requiring parking for movable tiny houses, ADUs, and JADUs on properties that are located in the Beach Impact Area but outside of the Transit Priority Area if there is an accessory residential use on site, requiring that movable tiny houses, ADUs, and JADUs located outside of the Special Flood Hazard Area but within an area identified at risk from future coastal hazards enter into an agreement accepting that risk and prohibiting shoreline protection for movable tiny house, ADUs and JADUs.
(O-2022-116) ADOPTED AS ORDINANCE O-21477 (New Series)
Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending sections 126.0704, 126.0707, and 126.0708 and amending Chapter 14, Article 1, Division 3 by amending sections 141.0302 and 141.0318, all relating to accepting California Coastal Commission’s suggested modifications required for certification.

Committee Actions Taken: N/A
Planning: Kelley Stanco, (619) 236-6545
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 10:05 AM

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

Passed by the following vote:

Item 53: Exemption of One Program Manager Position in the Compliance Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, July 12, 2022
This position is included in the Fiscal Year 2023 Proposed Budget.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following ordinance which was introduced on 6/21/2022, Item 50 (Council voted 9-0):
(O-2022-117) ADOPTED AS ORDINANCE O-21478 (New Series)
Ordinance authorizing the exemption of one Program Manager position in the City's Compliance Department from the Classified Service, based on advisory review and favorable comment by 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: 10:05 AM

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

Passed by the following vote:

Item 54: 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:

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.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, July 12, 2022
Council District(s) Affected: 2, 6, 7.

Proposed Actions:

Adopt the following ordinance which was introduced on 6/21/2022, Item 60, Subitem B (Council voted 9-0):
(O-2022-119) ADOPTED AS ORDINANCE O-21479 (New Series)
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: N/A
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:05 AM

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

Passed by the following vote:

Item 55: 13th & Broadway Affordable Housing (North Side of Broadway Between 13th and 14th streets) in the East Village Neighborhood of the Downtown Community Plan Area – First Implementation Agreement to Disposition and Development Agreement with Chelsea Investment Corporation, Ratification of City’s Authorization of Joint Funding Applications, and Waiving San Diego Municipal Code 143.0540.

Total Estimated Cost of Proposed Action and Funding Source:

No additional authorization for new funds is required. However, the current source of funds for the City Loan will be adjusted to reflect additional accrued interest and therefore reducing the Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, July 12, 2022
loan amount to be funded through the Low and Moderate Income Housing Asset Fund (LMIHAF) by a like amount.

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following ordinance which was introduced on 6/27/2022, Item 600, Subitem B (Council voted 9-0):
(O-2022-121 COR. COPY) ADOPTED AS ORDINANCE O-21480 (New Series) Ordinance of the Council of the City of San Diego approving a waiver under San Diego Municipal Code section 143.0540 that requires the City to execute a Housing Replacement Agreement before the City issues a permit to convert or demolish the single-room occupancy (SRO) hotel at Villa Victoria Apartments in Downtown San Diego.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 10:05 AM

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

Passed by the following vote:

Item 56: 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:

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, July 12, 2022
Adopt the following ordinances which were introduced on 6/28/2022, Item 50, Subitem A-U (Council voted 9-0):

Adopt the following ordinances, which are brought forward under San Diego Charter Section 117(a)(17).

Subitem-A: (O-2022-122) ADOPTED AS ORDINANCE O-21481 (New Series) 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) ADOPTED AS ORDINANCE O-21482 (New Series) 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) ADOPTED AS ORDINANCE O-21483 (New Series) 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) ADOPTED AS ORDINANCE O-21484 (New Series) 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) ADOPTED AS ORDINANCE O-21485 (New Series) 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.

Subitem-F: (O-2022-127) ADOPTED AS ORDINANCE O-21486 (New Series) 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) ADOPTED AS ORDINANCE O-21487 (New Series) Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, July 12, 2022
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) ADOPTED AS ORDINANCE O-21488 (New Series) 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) ADOPTED AS ORDINANCE O-21489 (New Series) 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) ADOPTED AS ORDINANCE O-21490 (New Series) 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) ADOPTED AS ORDINANCE O-21491 (New Series) 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) ADOPTED AS ORDINANCE O-21492 (New Series) 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) ADOPTED AS ORDINANCE O-21493 (New Series) 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) ADOPTED AS ORDINANCE O-21494 (New Series) Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, July 12, 2022
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) ADOPTED AS ORDINANCE O-21495 (New Series) 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) ADOPTED AS ORDINANCE O-21496 (New Series) 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) ADOPTED AS ORDINANCE O-21497 (New Series) 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) ADOPTED AS ORDINANCE O-21498 (New Series) 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) ADOPTED AS ORDINANCE O-21499 (New Series) 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) ADOPTED AS ORDINANCE O-21500 (New Series) Ordinance authorizing the exemption of one Assistant Deputy Director position and one Program Manager position in the City's Stormwater Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.

Subitem-U: (O-2022-143) ADOPTED AS ORDINANCE O-21501 (New Series) Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, July 12, 2022
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: 10:05 AM

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

Passed by the following vote:

Item 57: 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.

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:

Adopt the following ordinance which was introduced on 6/28/2022, Item S500, Subitem B (Council voted 9-0):
(O-2022-148 Cor. Copy) ADOPTED AS ORDINANCE O-21502 (New Series) 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: N/A
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, July 12, 2022
Department of Real Estate and Airport Management: Karen Johnson, (619) 236-6191 City Attorney Contact: Delmar G. Williams
COUNCIL ACTION: Start Time: 10:05 AM

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

Passed by the following vote:

Item 58: 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:

Adopt the following ordinance which was introduced on 6/28/2022, Item S501, (Council voted 9- 0):
(O-2022-149) ADOPTED AS ORDINANCE O-21503 (New Series)
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: 10:05 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 20 for the Regular Meeting of Tuesday, July 12, 2022
Passed by the following vote:

Item 59: 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:

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:

Adopt the following ordinance which was introduced on 6/28/2022, Item S502, Subitem B (Council voted 9-0):
(O-2022-153 Cor. Copy) ADOPTED AS ORDINANCE O-21504 (New Series) 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: N/A
Public Utilities: Ryan Kempster, (619) 758-2329
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:05 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, July 12, 2022
Passed by the following vote:

Item 60: Approval of the Joint Use Agreements Between the City and SDUSD for Adams Elementary, Challenger Middle, Mission Bay High, Normal Heights Elementary, Roosevelt Middle, and Taft Middle Schools.

Total Estimated Cost of Proposed Action and Funding Source:

Authorizing the Chief Financial Officer to reimburse the San Diego Unified School District for the construction costs of Taft Middle School Joint Use Facility in the amount not-to-exceed $3,048,682.88, from from Developer Contr CIP fund and Serra Mesa – Urban C fund within CIP S-15026, Taft Joint Use Facility Development.

Council District(s) Affected: 2, 3, 6, 7.

Proposed Actions:

Subitem-A: (R-2022-569) ADOPTED AS RESOLUTION R-314213
Resolution determining that the authorization to enter into six Joint Use Agreements with San Diego Unified School District is exempt from the California Environmental Quality Act Pursuant to Sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (O-2022-144) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 26, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into six 25-year Joint Use Agreements with San Diego Unified School District for the construction, operation, maintenance, and use of joint use facilities at Adams Elementary School, Challenger Middle School, Mission Bay High School, Normal Heights Elementary School, Roosevelt Middle School, and Taft Middle School, and related actions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

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

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, July 12, 2022
ACTION: Motion by Committee Member Campillo, second by Committee Member von Wilpert, to move consent agenda.

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

Parks & Recreation: Shannon Scoggins, (619) 236-6894
City Attorney Contact: Marco A. Verdugo
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Jennifer Campbell.

Passed by the following vote:

Item 61: Execute a Reimbursement Agreement Between the Otay Water District and The City of San Diego, for La Media Road Improvements Project.

Total Estimated Cost of Proposed Action and Funding Source:

This item is to execute a Reimbursement Agreement Between the Otay Water District and The City of San Diego, and Request Authorization to Award a Construction Contract in an amount not-to-exceed $44,000,000.00, and an eight-year period for La Media Road Improvements Project, to be funded from the Capital Improvements Program.

Council District(s) Affected: 8.

Proposed Actions:

Subitem-A: (R-2022-601) RETURNED TO STAFF
Resolution approving a Reimbursement Agreement with the Otay Water District (OWD) to allow the OWD to reimburse the City for the cost of relocating OWD utility lines as part of the La Media Road Improvement Project in an amount not-to-exceed $2,500,000, and related actions.

Subitem-B: (O-2022-154) RETURNED TO STAFF
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, July 12, 2022
Introduction of an Ordinance authorizing the award of an eight-year contract to the lowest responsible and reliable bidder for the La Media Road Improvement Project, for an amount not to exceed $44,000,000, and related actions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on June 22, 2022.

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

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

Engineering & Capital Projects: Luis Schaar, (619) 430-0937 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:05 AM
Item 100: Authorization to Award Construction Contract #K-22-1972-DBB-3-A for Harbor Drive Trunk Sewer.

Total Estimated Cost of Proposed Action and Funding Source:

The total phase-funded construction contract including future change orders not-to-exceed amount is $36,000,000.00, to be funded from the Muni Sewer CIP, Harbor Drive Trunk Sewer Fund.

Council District(s) Affected: 3, 8.

Proposed Actions:
(R-2022-599) ADOPTED AS RESOLUTION R-314214
Resolution authorizing the Mayor, or his designee, to award and sign a construction contract for replacement of the Harbor Drive Trunk Sewer Project in an amount not-to-exceed $36,000,000 and related actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on June 22, 2022.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, July 12, 2022
ACTION: Motion by Committee Member Campbell, second by Chair von Wilpert, to recommend Council approval of staff's proposed actions.

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

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 101: Settlement of SD Indoor Soccer, Inc v. City of San Diego, San Diego Superior Court Case No. 37-2020-00038099-CU-EL-CTL, Risk No. 24706.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $4,950,000 will be paid from the Water Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-545) ADOPTED AS RESOLUTION R-314215
Resolution authorizing the settlement of SD Indoor Soccer, Inc v. City of San Diego, San Diego Superior Court Case No. 37-2020-00038099-CU-EL-CTL, related to an alleged breach of contract at the University Heights Water Reservoir. San Diego Indoor Soccer, the tenant, filed suit against the City. Risk Claim No. 24706.

Committee Actions Taken: N/A
Office of the City Attorney: Tyler L. Krentz, (619) 533-4542 COUNCIL ACTION: Start Time: 10:05 AM
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, July 12, 2022
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 102: Settlement of Jorge L. Cota v. City of San Diego, et al.; San Diego Superior Court Case No. 37-2018-00000842-CU-PA-CTL. Claim No.16822.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $1,200,000.00 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-577) ADOPTED AS RESOLUTION R-314216
Resolution authorizing the settlement of Jorge L. Cota v. City of San Diego, et al.; San Diego Superior Court Case No. 37-2018-00000842-CU-PA-CTL, related to a personal injury accident that took place on April 5, 2017 at Briarwood Rd. near Paradise Valley Rd, San Diego, CA 92139.

Risk Claim No. 16822.

Committee Actions Taken: N/A
Office of the City Attorney: Dave E. Abad, (619) 533-5821 COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, July 12, 2022
Item 103: Appointment to the La Jolla Shores Planned District Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1.

Proposed Actions:
(R-2022-600) ADOPTED AS RESOLUTION R-314217
Resolution confirming the Mayor's appointment of Philip Wise to the La Jolla Shores Planned District Advisory Board for a term ending April 1, 2024.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 104: Reappointment to the Funds Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1.

Proposed Actions:
(R-2022-602) ADOPTED AS RESOLUTION R-314218
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, July 12, 2022
Resolution confirming the Mayor's reappointment of John Peelle to the Funds Commission for a term ending January 28, 2025.

Passed by the following vote:

Item 330: Water Rate Adjustments and Proposition 218 Notice and Hearing.

Total Estimated Cost of Proposed Action and Funding Source:

The cost of noticing all customers is approximately $102,000 and will be paid by the Water fund based on the final number of notices issued.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-603) ADOPTED AS RESOLUTION R-314219
Resolution authorizing notice of public hearing on proposed adjustment to water rates in accordance with Proposition 218, setting a date for the public hearing, and related actions.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on June 22, 2022.

ACTION: Motion by Vice Chair Elo-Rivera, second by Chair Cate, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, July 12, 2022
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 2:09 PM
MOTION BY CHRIS CATE TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

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

Item S500: Willie L. Morrow Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming July 15, 2022 to be “Willie L. Morrow Day.” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S501: Parks and Recreation Month.

MAYOR GLORIA AND COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, July 12, 2022
Proclaiming July 2022 to be “Parks and Recreation Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S502: Consideration of a Nominee for Appointment to the Franchise Compliance Review Committee.

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

Proposed Actions:
(R-2023-24) ADOPTED AS RESOLUTION R-314220
Resolution making a City Council appointment to the Franchise Compliance Review Committee until dissolution of this temporary committee.

Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:05 PM
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 30 for the Regular Meeting of Tuesday, July 12, 2022

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: 3:16 PM

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:18 p.m.

COUNCIL ACTION: Start Time: 3:18 PM

San Diego City CouncilJuly 12, 2022

San Diego City Council
July 12, 2022