Minutes — San Diego City Council, July 19, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JULY 19, 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 .........................................................................................6

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................8 APPROVAL OF COUNCIL MINUTES........................................................................................8 Item 30: Manny Machado Starting All-Star Day .....................................................................9 Item 31: Dr. Freda Callahan Day..........................................................................................9 Item 60: 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-toexceed $44,000,000, and an Eight-Year Period for La Media Road Improvements Project........10 Item 100: Authorize Construction Change Order #1 for Slurry Seal Group 2122 Contract for Bike Lanes on Linda Vista Road, Nimitz Blvd, Park Blvd, and Lincoln Ave................................11 Item 101: Authorize Expenditure of Funds to Acquire Land to be used for McGonigle Canyon Neighborhood Park ............................................................................................................13 Item 102: Authorization of a Five-Year Corporate Partnership Agreement with Utility Service Partners Private Label, Inc., doing business as SLWA Insurance Services to be the Preferred Service Line Warranty Partner of the City of San Diego.........................................................14 Minutes of Tuesday, July 19, 2022 Page 2
Table of Contents (Continued)
Item 103: Declare 3,645 Square Feet of City-Owned Real Property on 40th Street Near El Cajon Blvd, San Diego, CA “Exempt Surplus Land” Pursuant to California Government Code Section 54221(f)(1)(B) and (E) and Authorize the Sale of the Property to Iwashita Real Estate Development, LLC, O’Conner Real Estate Development, LLC, and HDP Opportunity Partners, LLC ........................................................................................................................................15 Item 104: Annual Special Tax Levy - Community Facilities Districts No. 2, No. 3, and No. 4 ....... ........................................................................................................................................16 Item 105: Appointment to the Park and Recreation Board....................................................18 Item 106: Appointment to the Citizens Advisory Board on Police/Community Relations.............. ........................................................................................................................................18 Item 107: Declaring A Continued State of Local Emergency Regarding COVID-19 Virus..........19 Item 108: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico...............................................................................20 Item 330: Fiscal Year 2021 Business Diversity Annual Report ...............................................21 Item 331: Implementation of 2020 City of San Diego Disparity Study Recommendations ........... ........................................................................................................................................21 Item 332: Community Parking Districts Fiscal Year 2023 Annual Plans and Budgets...............23 Item 333: Second Amendment to Hugo Parker, LLP Outside Counsel Consultant Agreement ..24 Item 334: Alvarado 2nd Pipeline Extension Project – Eminent Domain ..................................25 Item S500: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953 ........................................................27 Item S501: Exemption of Two Program Manager Positions and One Council Representative Position in the Council Administration Department and Exemption of 45 Council Representative 1 Positions for the Nine City Council Offices from Classified Service .......................................28 Item S502: Authorization to Execute a One-Year Agreement with Assetworks, INC. for a Fleet Management Information System........................................................................................29 Item S503: Resolution Approving the Agreement between the City and San Diego Police Officers Association related to Lateral and Recruitment Incentive Programs in the Police Department.......................................................................................................................30 Minutes of Tuesday, July 19, 2022 Page 3
Table of Contents (Continued)
Item S504: Resolution Approving the Agreement between the City and San Diego Police Officers Association to amend Article 26 of the Memorandum of Understanding related to Motorcycle Squad Uniforms ................................................................................................31 REPORT OUT FROM CLOSED SESSION................................................................................32 ADJOURNMENT .................................................................................................................32 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, July 19, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 11:21 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 4:08 p.m.

ATTENDANCE DURING THE MEETING

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

CITY CLERK
Maland (cp)
*NOTE: Councilmember Campbell and Councilmember Moreno participated in the meeting by teleconference.

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, July 19, 2022
(9) Council President Elo-Rivera-present

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

CLOSED SESSION
Public Employment – Performance Evaluation, pursuant to California Government Code Section 54957(b)(1):

CS-1 Title: City Clerk
REFERRED TO CLOSED SESSION OF TUESDAY, JULY 19, 2022
DCA Assigned: None assigned
COUNCIL ACTION: Start Time: 10:56 AM
Council President Elo-Rivera closed the hearing
CS-2 Title: Independent Budget Analyst
REFERRED TO CLOSED SESSION OF TUESDAY, JULY 19, 2022
DCA Assigned: None assigned
COUNCIL ACTION: Start Time: 10:56 AM
Council President Elo-Rivera closed the hearing
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):

CS-3 Bianca Ruffino v. City of San Diego
San Diego Superior Court Case No. 37-2020-00027052-CU-PO-CTL Risk Management Department Claim File No. 24040
REFERRED TO CLOSED SESSION OF TUESDAY, JULY 19, 2022
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, July 19, 2022
DCA Assigned: K. Yee
Plaintiff alleges she sustained injuries as a result of striking a pothole in the pavement while riding an electric bike on Santa Clara Place. 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: 10:56 AM
Public testimony by Paul Krueger and Lori Saldaña.

Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Alan Curry commented on COVID history (video).

COUNCIL ACTION: Start Time: 11:01 AM
PUBLIC COMMENT-2:

Mary D. commented on transparency; and to allow clapping during public comment.

COUNCIL ACTION: Start Time: 11:03 AM
PUBLIC COMMENT-3 (virtual):

Terri Ann Skelley commented on protection of youth sensitive buffer zones around marijuana businesses.

COUNCIL ACTION: Start Time: 11:05 AM
PUBLIC COMMENT-4 (virtual):

Lori Saldaña commented on ethic complaints filed related to elections concluded.

COUNCIL ACTION: Start Time: 11:07 AM
PUBLIC COMMENT-5 (virtual):

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, July 19, 2022
Kathleen Lippitt commented on responding to the public’s voice regarding street vendors.

COUNCIL ACTION: Start Time: 11:09 AM
PUBLIC COMMENT-6 (virtual):

Joy Sunyata commented on celebrating citizen participation; and unsheltered people.

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

Becky Rapp commented on effects of marijuana on youth.

COUNCIL ACTION: Start Time: 11:13 AM
PUBLIC COMMENT-8 (virtual):

Mark Wilcox commented on warning about consuming marijuana with stimulants or depressants.

COUNCIL ACTION: Start Time: 11:16 AM
PUBLIC COMMENT-9 (virtual):

Pamela Alejandra Galaz Valdeś commented on vendor harassment by park rangers.

COUNCIL ACTION: Start Time: 11:18 AM

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

Councilmember Campillo wanted to wish his Mom a happy birthday and hopes she has a great day.

COUNCIL ACTION: Start Time: 11:20 AM

SPECIAL ORDERS OF BUSINESS
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, July 19, 2022
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
05/30/2022 Adjourned
05/31/2022 Adjourned
06/06/2022 Adjourned
06/07/2022 Adjourned
06/13/2022 Special
06/14/2022
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY SEAN ELO-RIVERA 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).

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

Item 30: Manny Machado Starting All-Star Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming July 19, 2022, to be “Manny Machado Starting All-Star Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:51 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Sean Elo-Rivera.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, July 19, 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 31: Dr. Freda Callahan Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming June 29, 2022, to be “Dr. Freda Callahan Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:51 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 60: 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-toexceed $44,000,000, and an Eight-Year Period 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 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) ADOPTED AS RESOLUTION R-314222
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, July 19, 2022
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) INTRODUCED, TO BE ADOPTED TUESDAY, AUGUST 2, 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 notto-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, (858) 627-3220 City Attorney Contact: Ryan P. Gerrity
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 Raul A. Campillo.

Passed by the following vote:

Item 100: Authorize Construction Change Order #1 for Slurry Seal Group 2122 Contract for Bike Lanes on Linda Vista Road, Nimitz Blvd, Park Blvd, and Lincoln Ave.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the use of $412,753.43 from Gas Tax to fund the change order provided for Slurry Seal Group 2122.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, July 19, 2022
Council District(s) Affected: 2, 3.

Proposed Actions:

Subitem-A: (R-2022-598) ADOPTED AS RESOLUTION R-314223
Resolution determining that Change Order No. 1 to Slurry Seal Group contract 2122 is exempt from the California Environmental Quality Act pursuant to Sections 15301(c) and 15304(h) of the CEQA Guidelines.

Subitem-B: (R-2022-597) ADOPTED AS RESOLUTION R-314224
Resolution authorizing the Mayor, or his designee, to sign Change Order No. 1 to Slurry Seal Group contract 2122 with VSS International, Inc. for additional bike way and traffic striping improvements in an amount not-to-exceed $412,753.43.

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.

Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 101: Authorize Expenditure of Funds to Acquire Land to be used for McGonigle Canyon Neighborhood Park.

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 19, 2022
Purchase price is $3,295,411.46 and the funds are available in the Pacific Highlands Ranch Facilities Benefit Assessment fund.

Council District(s) Affected: 1.

Proposed Actions:
(R-2022-596) ADOPTED AS RESOLUTION R-314225
Resolution authorizing the expenditure of $3,289,411.46 to acquire five gross acres of real property from Tri Pointe Homes under the Pacific Highlands Ranch – Subarea III NCFUA Neighborhood Park Site (NP2) Purchase Agreement.

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: Ken Anderssohn, (619) 236-6049 City Attorney Contact: Jonathan Stone
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 102: Authorization of a Five-Year Corporate Partnership Agreement with Utility Service Partners Private Label, Inc., doing business as SLWA Insurance Services to be the Preferred Service Line Warranty Partner of the City of San Diego.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this proposed action. This partnership is anticipated to provide approximately $1,261,250 in revenue during the five-year contract term.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, July 19, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-9) ADOPTED AS RESOLUTION R-314226
Resolution authorizing the Mayor, or his designee, to enter into a five-year Marketing Partnership Agreement with Utility Service Partners Private Label, Inc. to be the City of San Diego's Preferred Service Line Warranty Partner, and related actions.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on June 8, 2022.

ACTION: Motion by Committee Member Montgomery Steppe, 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.

Economic Development: Sarah Brenha, (619) 533-3837
City Attorney Contact: Marco A. Verdugo
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 103: Declare 3,645 Square Feet of City-Owned Real Property on 40th Street Near El Cajon Blvd, San Diego, CA “Exempt Surplus Land” Pursuant to California Government Code Section 54221(f)(1)(B) and (E) and Authorize the Sale of the Property to Iwashita Real Estate Development, LLC, O’Conner Real Estate Development, LLC, and HDP Opportunity Partners, LLC.

Total Estimated Cost of Proposed Action and Funding Source:

Proceeds from the sale, net of costs related to the sale, will be deposited in the Capital Outlay Misc. Revenue Fund and the associated $100 Independent Consideration will be deposited into the General Fund.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, July 19, 2022
Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2023-8) ADOPTED AS RESOLUTION R-314227
Resolution determining that declaring 3,645 square feet of real property in vacated public rightof-way of 40th Street in the Normal Heights area of the City of San Diego exempt surplus land under the Surplus Land Act and approving a purchase and sale agreement for sale of the real property to Iwashita Real Estate Development, LLC, O’Connor Real Estate Development, LLC, and HDP Opportunity Partners, LLC, are exempt from the California Environmental Quality Act under Title 14 California Code of Regulations sections 15061(b)(2) and 15312.

Subitem-B: (R-2023-6) ADOPTED AS RESOLUTION R-314228
Resolution declaring that 3,645 square feet of real property in vacated public right-of-way of 40th Street in the Normal Heights area of the City of San Diego is exempt surplus land under the Surplus Land Act.

Subitem-C: (R-2023-7) ADOPTED AS RESOLUTION R-314229
Resolution approving a purchase and sale agreement for the City’s sale of 3,645 square feet of real property in vacated public right-of-way of 40th Street in the Normal Heights area of the City of San Diego to Iwashita Real Estate Development, LLC, O’Connor Real Estate Development, LLC, and HDP Opportunity Partners, LLC, for $282,000, and authorizing the Chief Financial Officer to accept and deposit the independent consideration and the sale proceeds.

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: Mary Carlson, (619) 236-6079 City Attorney Contact: Delmar Williams
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA 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; Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, July 19, 2022
Nay: (None);
Recused: (None);
Not Present: (None).

Item 104: Annual Special Tax Levy - Community Facilities Districts No. 2, No. 3, and No. 4.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost to the City; all costs are borne by the respective Districts.

Council District(s) Affected: 2, 5.

Proposed Actions:

Subitem-A: (R-2022-529) ADOPTED AS RESOLUTION R-314230
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 2.

Subitem-B: (R-2022-530) ADOPTED AS RESOLUTION R-314231
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 3.

Subitem-C: (R-2022-531) ADOPTED AS RESOLUTION R-314232
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 4.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on May 25, 2022.

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

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

Debt Management: Samantha Weisman, (619) 533-6491
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, July 19, 2022
Passed by the following vote:

Item 105: Appointment to the Park and Recreation Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 7.

Proposed Actions:
(R-2023-2) ADOPTED AS RESOLUTION R-314233
Resolution confirming the Mayor's appointment of Shaina Gross to the Park and Recreation Board for a term expiring on March 1, 2024.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin R. Bargar
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 106: Appointment to the Citizens Advisory Board on Police/Community Relations.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, July 19, 2022
There are no City expenditures being authorized with this action.

Council District(s) Affected: 1.

Proposed Actions:
(R-2023-3) ADOPTED AS RESOLUTION R-314234
Resolution confirming the Mayor's appointment of Rabbi Scott Meltzer to the Citizens Advisory Board on Police/Community Relations for a term ending January 1, 2024.

Passed by the following vote:

Item 107: Declaring A Continued State of Local Emergency Regarding COVID-19 Virus.

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

Proposed Actions:
(R-2022-605) ADOPTED AS RESOLUTION R-314235
Resolution declaring a continued state of emergency regarding the COVID-19 pandemic, pursuant to California Government Code section 8630.

Committee Actions Taken: N/A
Office of the Mayor: Matt Yagyagan, (619) 236-6330
City Attorney Contact: Michelle Garland
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, July 19, 2022
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: Chris Cate;
Recused: (None);
Not Present: (None).

Item 108: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2022-261) ADOPTED AS RESOLUTION R-314236
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 330: Fiscal Year 2021 Business Diversity Annual Report.

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

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, July 19, 2022
Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Purchasing & Contracting/Equal Opportunity Contracting: Christian Silva, (619) 236-6069 COUNCIL ACTION: Start Time: 2:05 PM
Item 331: Implementation of 2020 City of San Diego Disparity Study Recommendations.

Total Estimated Cost of Proposed Action and Funding Source:

Funding for the bonding assistance and technical assistance programs was requested in the Fiscal Year 2023 budget. Additional funding may be requested for subsequent years once a contract has been awarded.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-3 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, AUGUST 2, 2022 Introduction of an Ordinance amending:

Chapter 2, Article 2, Division 30, Chapter 2, Article 2, Division 31, and Chapter 2, Article 2, Division 36 of the San Diego Municipal Code by amending Sections 22.3003, 22.3107, 22.3604,

22.3609, 22.3610, 22.3611, 22.3612, 22.3613, 22.3614, and 22.3615 to expand the Small and Local Business Program for public works contracts;
Chapter 2, Article 2, Division 32 of the San Diego Municipal Code by amending Section 22.3207, to increase the consultant contract value requiring City Council approval from $250,000 to $500,000 and to align the value with the Small and Local Business Program contract levels; Chapter 2, Article 2, Division 32 and Chapter 2, Article 2, Division 36 of the San Diego Municipal Code amending Sections 22.3202, 22.3203, 22.3601, 22.3602, 22.3603, 22.3605, 22.3616,

22.3617, 23.3618, 23.3619, 23.3620, 23.3621, and 22.3622 to expand the Small and Local Business Program to include contracts for consultants, goods, and services, creating a sheltered competition program, subcontracting goals, and bid preferences; Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, July 19, 2022
Chapter 2, Article 2, Division 36 of the San Diego Municipal Code by removing Section 22.3606 and amending Section 22.3608, to eliminate administrative details and procedures for the Small and Local Business Program from the Municipal Code.

Committee Actions Taken:

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

ACTION: Motion by Chair Campillo, second by Committee Member Campbell. to recommend Council approval of staff's proposed actions and request that Purchasing and Contracting staff and the City Attorney's Office work with the Council District 7 and Council District 4 offices to develop a race and gender-conscious program that meets the strict scrutiny standard of constitutional review.

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

Purchasing & Contracting: Claudia C. Abarca, (619) 236-5921 City Attorney Contact: Eric S. Pooch
COUNCIL ACTION: Start Time: 2:25 PM
MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Monica Montgomery Steppe.

Passed by the following vote:

Item 332: Community Parking Districts Fiscal Year 2023 Annual Plans and Budgets.

Total Estimated Cost of Proposed Action and Funding Source:

Please see Staff Report Fiscal Considerations section.

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

Proposed Actions:
(R-2022-583) ADOPTED AS RESOLUTION R-314240
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, July 19, 2022
Resolution of the Council of the City of San Diego authorizing the transfer, appropriation, and expenditure of community parking district funding for Fiscal Year 2023 annual plans and budget and related actions.

Committee Actions Taken:

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

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

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

Sustainability and Mobility: Kristy Reeser, (858) 492-6005 City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 3:50 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 333: Second Amendment to Hugo Parker, LLP Outside Counsel Consultant Agreement.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed Second Amendment will increase the not-to-exceed amount of the agreement by $250,000, to $600,000 from $350,000. It is anticipated that up to $50,000 will be expended in the current fiscal year. Funds expended under this agreement will either be paid from the General Fund or Public Liability Fund when approved by Risk Management; otherwise, funds expended under this agreement will be paid by the City Department seeking Law Firm’s services.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2022-558) ADOPTED AS RESOLUTION R-314241
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, July 19, 2022
Resolution authorizing approval for the City to amend an existing Consultant Services Agreement with law firm of Hugo Parker, LLP (Agreement) to do the following: (1) exercise the option under the Agreement to retain Hugo Parker in all pending and future litigation matters involving allegations of asbestos exposure at the commercial building located at 101 Ash Street (“101 Ash Building”); (2) to increase the total not-to-exceed amount to $600,000 from $350,000; and, (3) extend the contract term to December 31, 2024.

Committee Actions Taken: N/A
Office of the City Attorney: Paul H. James, (619) 533-5454 COUNCIL ACTION: Start Time: 3:56 PM
MOTION BY CHRIS CATE TO ADOPT. 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, Sean Elo-Rivera; Nay: Vivian Moreno;
Recused: (None);
Not Present: (None).

Item 334: Alvarado 2nd Pipeline Extension Project – Eminent Domain.

Total Estimated Cost of Proposed Action and Funding Source:

Please see Staff Report.

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

Proposed Actions:
(R-2022-510 Cor. Copy) ADOPTED AS RESOLUTION R-314242
Resolution declaring that the public interest and necessity require acquisition of the property interests as set forth in Exhibits 1 through 5 thereto consisting of a permanent water easements over APNs 437-291-29, owned by Fashion Valley Mall LLC, and APN 438-021-20, owned by Hazard Center Station and temporary construction area permits over APN 437-291-29 to implement the Project;
Declaring that the Project is planned or located in a manner most compatible with the public good and least private injury;
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, July 19, 2022
Declaring that the property interests proposed to be acquired are necessary for the Project and that such use is a public use authorized by law (inter alia, Cal. Const., Art. I, section 19, City Charter Section 220, California Code of Civil Procedure sections 1240.010 et seq., section 1245.210 et seq. and section 1255.210 et seq.; and California Government Code Section 5023.1);
Declaring that an offer to acquire the real property interests, pursuant to California Government Code Section 7267.2, at the appraised fair market value, has been made to each party claiming an ownership interest(s)in the property interests sought; Authorizing and directing the City Attorney's Office to commence an action in the Superior Court of the State of California, in and for the County of San Diego, in the name of and on behalf of the City of San Diego, against all claimants with any interest(s) in the real property interests sought, and to seek immediate possession of the real property interests sought pursuant to California Code of Civil Procedure Section 1255.410;
Authorizing the Chief Financial Officer to expend funds in the amount $1,170,000 for APN 437- 291-29 (Fashion Valley Mall) and $53,000 for APN 438-021-20 (Hazard Center Station) from CIP S-12013 – Alvarado 2nd Pipeline Extension, Fund 700010 (Water Utility – CIP Funding Source).

These amounts were determined from an MAI-accredited appraiser and represents the probable just compensation property interests to be acquired and will be deposited into the State Treasury Condemnation Fund. The final amount of probable compensation will be determined by the Court or through further negotiation with the property owner and is subject to increase once a date of value is established in the eminent domain action or if the Court orders an increase in the amount of probable compensation and this Resolution authorizes payment of any increased deposit or amount of just compensation to be paid to the property order pursuant to further negotiations or court order;
Authorizing the Chief Financial Officer to expend funds from CIP S-12013 – Alvarado 2nd Pipeline Extension, Fund 700010 (Water Utility – CIP Funding Source) to pay all related litigation expenses incurred in the eminent domain action including, but not limited to, expert fees, deposition expenses, and all other litigation related expenses as necessary. 6 votes required pursuant to Code of Civil Procedure Section 1245.240.

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

Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Lucy Contreras, (619) 236-7031 City Attorney Contact: Jenny K. Goodman
COUNCIL ACTION: Start Time: 3:22 PM
Public testimony by Howard Wayne, Kelsey Mills, and Lori Saldaña.

MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

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

Item S500: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953.

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

Proposed Actions:
(R-2023-19) ADOPTED AS RESOLUTION R-314237
Resolution reconsidering the circumstances of the state of emergency related to Covid-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act.

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

Committee Actions Taken: N/A
Council District 2: Haley Lesser, (619) 236-6699
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, July 19, 2022
Item S501: Exemption of Two Program Manager Positions and One Council Representative Position in the Council Administration Department and Exemption of 45 Council Representative 1 Positions for the Nine City Council Offices from Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

These positions were included in the Fiscal Year 2023 Adopted Budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-10) INTRODUCED, TO BE ADOPTED TUESDAY, AUGUST 2, 2022 Introduction of an Ordinance authorizing the exemption of two Program Manager positions and forty-six Council Representative I positions from the Classified Service requested by the City's Council Administration Office, based on advisory review and favorable comment by the Civil Service Commission on July 7, 2022. This action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Council Administration: Mary Ann Wallace, (619) 236-6442 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Raul A. Campillo.

Passed by the following vote:

Item S502: Authorization to Execute a One-Year Agreement with Assetworks, INC. for a Fleet Management Information System.

Total Estimated Cost of Proposed Action and Funding Source:

The total not-to-exceed amount of $230,000, will be paid from the Fleet Operations Operating fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, July 19, 2022
Proposed Actions:
(O-2023-1) INTRODUCED, TO BE ADOPTED TUESDAY, AUGUST 2, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a Sole Source Agreement with Assetworks, Inc., in an amount not-to-exceed $230,000, to provide software maintenance, support, and hosting of the City’s FleetFocus Fleet Management Information System, for a term extending through June 30, 2023.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on July 13, 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.

Department of General Services: David Onate, (619) 218-5372 City Attorney Contact: Markecia Simmons
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Raul A. Campillo.

Passed by the following vote:

Item S503: Resolution Approving the Agreement between the City and San Diego Police Officers Association related to Lateral and Recruitment Incentive Programs in the Police Department.

Total Estimated Cost of Proposed Action and Funding Source:

The Lateral and Recruitment Incentive Program is contingent upon available funding and will terminate once the funding – total of $400,000 for Fiscal Year 2023 and total of $400,000 for Fiscal Year 2024 – has been exhausted.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, July 19, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-39) ADOPTED AS RESOLUTION R-314238
Resolution approving an Agreement between the City of San Diego and the San Diego Police Officers Association related to the Lateral Police Officer II Incentive Program and the Police Officer Recruitment Incentive Program for Fiscal Years 2023 and 2024.

Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 533-4326
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item S504: Resolution Approving the Agreement between the City and San Diego Police Officers Association to amend Article 26 of the Memorandum of Understanding related to Motorcycle Squad Uniforms.

Total Estimated Cost of Proposed Action and Funding Source:

The total initial outfitting cost for the Motorcycle Unit as currently staffed is $105,876.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-38 Rev.) ADOPTED AS RESOLUTION R-314239
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Police Officers Association to amend Article 26 of the Memorandum of Understanding related to Motorcycle Squad Uniforms.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, July 19, 2022
6 votes required pursuant to Charter Section 11.2.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:08 p.m.

COUNCIL ACTION: Start Time: 4:08 PM

San Diego City CouncilJuly 19, 2022

San Diego City Council
July 19, 2022