Minutes, first session — San Diego City Council, August 1, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE SPECIAL COUNCIL MEETING
OF
MONDAY, AUGUST 01, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................3 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................4

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................5 Item 600: Contractor Transparency Amendment to the Municipal Code ..................................6 Item 601: Amendments to the San Diego Municipal Code Related to the Selection and Evaluation of the President and Chief Executive Officer of the San Diego Housing Commission and Executive Director of the Housing Authority.....................................................................7 Item 602: Proposed FY 2023 Statement of Budgetary Principles.............................................8 Item 603: Approval of First Amendment to Agreement with Quinn Emanuel Urquhart & Sullivan to Provide Ongoing Legal Services Related to Litigation Matters Involving the 101 Ash Street and the Civic Center Plaza Property Transactions ...................................................................9 Item 604: Build Better (SD): General Plan Public Facilities Element Amendment, Land Development Code and Land Development Manual Amendments, Citywide Mobility, Fire, and Library Development Impact Fees, Regional Transportation Congestion Improvement Program Update, General Plan Maintenance Fund Applicability Revisions, and Annual DIF Report..........10 Item 605: North Park Maintenance Assessment District Formation Overseen by the Economic Development Department...................................................................................................14 Item 606: Peregrine Energy Storage Facility Project No. 680811 ..........................................15 Item 607: Third Amendment to As-Needed Agreement With Meyers Nave Riback Silver & Wilson to Provide Continued Legal Services as Panel Outside Counsel....................................16 Minutes of Tuesday, August 1, 2022 Page
2 Table of Contents (Continued)
Item 608: Authority to Approve Construction Change Orders (CCO) for K-21-1807-DBB-3-A Morena Pump Station.........................................................................................................17 Item 609: Update on the First 90 Days of the Office of Child and Youth Success ...................18 Item-610: Authorization to Amend a Contract With JCI Jones Chemicals, Inc. (BID 10089076- 17-V) to Purchase Liquid Chlorine for the City’s Water Treatment Plants, Public Utilities Department.......................................................................................................................19 Item 611: Authorization for a Second Amendment to the Contract With US Peroxide, LLC (USP Technologies) (Bid No. 10031657-13-C) to Provide the Peroxide Regenerated Iron Sulfide Control (PRI-SC™) and Peroxide Regenerated Iron Chemically Enhanced Primary Treatment Program (PRI-CEPT™)........................................................................................................20 Item 612: Authorization to Amend a Contract With JCI Jones Chemical (Bid No10089515-19-V) to Purchase Caustic Soda (50% Solution) for Water and Wastewater Facilities, Public Utilities Department.......................................................................................................................21 Item 613: Authorization to Amend Contract With JCI Jones Chemical (Bid No. 10089682-20-V) to Purchase Sodium Hypochlorite (12.5% Solution) for Wastewater Treatment Facilities, Public Utilities Department ...........................................................................................................22 Item 614: Authorization for a First Amendment to the Contract With Hill Brothers Chemical Co. (BID No. 10089621-20-V) to Purchase Ammonium Hydroxide for the Water Treatment Plants, Public Utilities Department..................................................................................................23 Item 615: Authorization for a First Amendment to the Contract With Kemira Water Solutions (Bid No. 10089520-19-V) to Purchase Ferric Chloride for Water and Wastewater Treatment Plants, Public Utilities Department .......................................................................................24 Item 616: Consideration of Nominees for Appointment to the Horton Plaza Theatres Foundation Board of Directors and Rescission of R-314209.....................................................................25 REPORT OUT FROM CLOSED SESSION................................................................................26 ADJOURNMENT .................................................................................................................26 Minutes of the Council of the City of San Diego Page 3
for the Special Meeting of Monday, August 1, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. Council President Elo-Rivera recessed the meeting at 1:29 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 2:01 p.m. with all Councilmembers present.

The meeting was adjourned by Council President Elo-Rivera at 4:07 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:
*CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Chris Cate
CD-7 Councilmember Raul A. Campillo
*CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Maland (mrh)
*NOTE: Councilmember LaCava 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
(9) Council President Elo-Rivera-present
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for the Special Meeting of Monday, August 1, 2022

INVOCATION
The invocation was given by City Clerk Elizabeth Maland.

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

NOTE: The Non-Agenda Public Comment heard at this meeting was taken out of order because the City Council suspended the Rules of Council in accordance with Rule 2.2. This suspension allowed for the non-agenda public comments to be heard out of order.

COUNCIL ACTION: Start Time: 1:17 PM

MOTION BY MONICA MONTGOMERY STEPPE TO SUSPEND THE RULES OF COUNCIL IN ACCORDANCE WITH RULE 2.2 TO ALLOW NON-AGENDA PUBLIC COMMENT TO BE HEARD OUT OF ORDER. Second by Sean Elo-Rivera.

Passed by the following vote:

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1 (virtual):

Lori Saldaña commented on the Rules of Council.

COUNCIL ACTION: Start Time: 1:22 PM
PUBLIC COMMENT-2 (virtual):

Blair Beekman commented on the Rules of Council and Police.

COUNCIL ACTION: Start Time: 1:25 PM
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for the Special Meeting of Monday, August 1, 2022
PUBLIC COMMENT-3 (virtual):

Joy Sunyata commented on the Rules of Council.

COUNCIL ACTION: Start Time: 1:27 PM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

COMMENT
COUNCIL COMMENT-1:

Council President Pro Tem Montgomery Steppe welcomed the students in visiting City Council from Lincoln Park High School.

COUNCIL ACTION: Start Time: 10:03 AM
COUNCIL COMMENT-2:

Council President Elo-Rivera also welcomed the students and thanked them for their participation in local government.

COUNCIL ACTION: Start Time: 10:04 AM
COUNCIL COMMENT-3:

Councilmember LaCava wished his wife a happy anniversary.

COUNCIL ACTION: Start Time: 10:04 AM
Item 600: Contractor Transparency Amendment to the Municipal Code.

Total Estimated Cost of Proposed Action and Funding Source:

None. Costs associated with implementation of this ordinance would be covered by project applicants.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 6
for the Special Meeting of Monday, August 1, 2022
The Contractor Transparency Amendment amends the Municipal Code to require construction permit applicants to use licensed contractors and subcontractors and provide the City information on their contractors and subcontractors including license and certification information in certain development activities.
(O-2023-19) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance amending Chapter 12, Article 9, Division 1 of the San Diego Municipal Code by adding Section 129.0121, relating to contractor transparency.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on June 16, 2022.

ACTION: Motion by Committee Member Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions and to request that the Mayor's Office continue to meet with stakeholders prior to the ordinance being docketed for City Council consideration.

VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.

Office of the Mayor: Jessica Lawrence, (619) 236-7156
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 11:54 AM
MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Marni von Wilpert.

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 601: Amendments to the San Diego Municipal Code Related to the Selection and Evaluation of the President and Chief Executive Officer of the San Diego Housing Commission and Executive Director of the Housing Authority.

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

Proposed Actions:

Minutes of the Council of the City of San Diego Page 7
for the Special Meeting of Monday, August 1, 2022
(O-2023-18 REV.) INTRODUCED AS AMENDED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022
Introduction of an Ordinance amending Chapter 9, Article 8, Division 3 of the San Diego Municipal Code by amending Section 98.0301, relating to the Executive Director of the Housing Authority of the City of San Diego and the San Diego Housing Commission President and Chief Executive Officer and clarifying changes.

Committee Actions Taken:

This item was heard at the Committee on San Diego Housing Commission Oversight and Reform on May 23, 2022.

ACTION: Motion by Committee Member LaCava, second by Vice Chair Cate, to request the Office of the City Attorney to work with Councilmember Whitburn’s Office to bring amendments to the San Diego Municipal Code for City Council consideration that would:
• formalize a joint housing authority and board of commissioners’ performance and salary review process for the Housing Commission President and Chief Executive Officer, • clarify the Chief Executive Officer of the San Diego Housing Commission serves as the executive director of the San Diego Housing Authority.

VOTE: 3-1; Whitburn-yea, Cate-yea, LaCava-yea, Wilpert-nay.

Council District 3: Jacob O'Neill, (619) 236-6633
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 12:39 PM

MOTION BY STEPHEN WHITBURN TO INTRODUCE THE ORDINANCE AS AMENDED BY INTERLINEATION IN SECTION 98.0301, UNDER TITLE (I) COUNCIL PRESIDENT, SUBSECTIONS 1 AND 2 TO NOW READ, “1) THE HOUSING AUTHORITY SHALL APPOINT THE COMMISSION

PRESIDENT, WHO MAY BE REMOVED FROM OFFICE BY THE HOUSING AUTHORITY AT ANY TIME”; AND “2) THE COMMISSION PRESIDENT SHALL SERVE, EX OFFICIO, AS THE HOUSING AUTHORITY EXECUTIVE DIRECTOR.” Second by Joe LaCava.

Passed by the following vote:

Item 602: Proposed FY 2023 Statement of Budgetary Principles.

Minutes of the Council of the City of San Diego Page 8
for the Special Meeting of Monday, August 1, 2022
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-1) ADOPTED AS RESOLUTION R-314264
Resolution adopting the Statement of Budgetary Principles setting forth the roles and duties of the Mayor and City Council with respect to the City's Fiscal Year 2023 Budget.

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 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.

Office of the Independent Budget Analyst: Jillian Kissee, (619) 236-6457 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:07 AM
MOTION BY CHRIS CATE TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 603: Approval of First Amendment to Agreement with Quinn Emanuel Urquhart & Sullivan to Provide Ongoing Legal Services Related to Litigation Matters Involving the 101 Ash Street and the Civic Center Plaza Property Transactions.

Total Estimated Cost of Proposed Action and Funding Source:

The First Amendment to the Legal Services Agreement with Quinn Emanuel Urquhart & Sullivan is for an increase of $500,000, for a total contract amount not-to-exceed $1,000,000. Funding will come from the Public Liability Fund.

Minutes of the Council of the City of San Diego Page 9
for the Special Meeting of Monday, August 1, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-10) ADOPTED AS RESOLUTION R-314265
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Quinn Emanuel Urquhart & Sullivan for ongoing legal services to increase the contract amount by $500,000 for a total not-to-exceed contract amount of $1,000,000, in connection with litigation matters involving the 101 Ash Street and the Civic Center Plaza property transactions.

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 1:09 PM
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;
Nay: Vivian Moreno, Sean Elo-Rivera;
Recused: (None);
Not Present: (None).

Item 604: Build Better (SD): General Plan Public Facilities Element Amendment, Land Development Code and Land Development Manual Amendments, Citywide Mobility, Fire, and Library Development Impact Fees, Regional Transportation Congestion Improvement Program Update, General Plan Maintenance Fund Applicability Revisions, and Annual DIF Report.

Total Estimated Cost of Proposed Action and Funding Source:

There are no fiscal impacts associated with this action to the General Fund. Development Impact Fees (DIF) are expected to generally remain consistent, although a move to Citywide based fees will necessarily involve increases in some communities and decreases in other communities. Due to the less restricted nature of the DIF, it is anticipated that the fees will more readily translate into expenditures and investments in the communities with the more efficient delivery of infrastructure needed.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 10 for the Special Meeting of Monday, August 1, 2022
Proposed Actions:

Build Better San Diego (SD) is a citywide initiative to support San Diego’s infrastructure, equity, climate, housing, quality of life, and conservation goals. Build Better SD will create a more effective and equitable funding system for public facilities such as libraries, streets, and pedestrian and bike facilities, and will prioritize public investments in areas with the greatest need. The proposed project includes amendments to the Public Facilities, Services and Safety Element of the City’s General Plan, the San Diego Municipal Code (SDMC) and the Land Development Manual (LDM) to implement Build Better SD. Build Better SD also includes Citywide development impact fees for mobility, fire, and library assets, an update to the City’s Regional Transportation Congestion Improvement Program, restoration of General Plan Maintenance Fees for Accessory Dwelling Units and associated amendments to the SDMC. Also being presented with Build Better SD is the 2021 Annual Development Impact Fee (DIF) Report, which is required pursuant to the Mitigation Fee Act. Collectively these actions are the Build Better SD Project.

Subitem-A: (R-2023-14) ADOPTED AS RESOLUTION R-314266
Resolution Adopting the Addendum to Environmental Impact Report No. 104495/SCH No. 2006091032 and adopting the Mitigation, Monitoring, and Reporting Program for the Build Better SD Project.

Subitem-B: (R-2023-13) ADOPTED AS RESOLUTION R-314267
Resolution approving an Amendment to the General Plan Public Facilities, Services and Safety Element for the Build Better SD Project.

Subitem-C: (O-2023-6) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance amending:

Chapter 9, Article 8, Division 6 of the San Diego Municipal Code by amending Section 98.0610 relating to Housing Impact Fees.

Chapter 14, Article 2, Division 6 of the San Diego Municipal Code by amending Section 142.0640 relating to Development Impact Fees.

Subitem-D: (R-2023-15) ADOPTED AS RESOLUTION R-314268
Resolution approving an Amendment to the Land Development Manual, amending Appendix M, Trip Generation Manual, and adding a new Appendix U, Development Impact Fee Program Manual for the Build Better SD Project.

Subitem-E: (R-2023-37) ADOPTED AS RESOLUTION R-314269
Resolution approving an Amendment to the Regional Transportation Congestion Improvement Program for the Build Better SD Project.

Minutes of the Council of the City of San Diego Page 11 for the Special Meeting of Monday, August 1, 2022
Subitem-F: (R-2023-21) ADOPTED AS RESOLUTION R-314270
Resolution approving an Amendment to Resolution-311730 to restore the General Plan Maintenance Fee for Accessory Dwelling Units for the Build Better SD Project.

Subitem-G: (R-2023-18 COR. COPY) ADOPTED AS RESOLUTION R-314271 Resolution Adopting a new Citywide Fire-Rescue Development Impact Fee to replace the existing Fire-Rescue component of Community Planning Area-based Development Impact Fees, including a five percent administrative fee and authorizing expenditure of up to $500,000 in Citywide FireRescue Development Impact for the Build Better SD Project.

Subitem-H: (R-2023-17 COR. COPY 2) ADOPTED AS RESOLUTION R-314272 Resolution Adopting a new Citywide Library Development Impact Fee to replace the existing library component of Community Planning Area-based Development Impact Fees, including a five percent administrative fee and authorizing expenditure of up to $500,000 in Citywide Library Development Impact Fees for the Build Better SD Project.

Subitem-I: (R-2023-16 REV. COR. COPY) ADOPTED AS AMENDED AS RESOLUTION R-314273 Resolution Adopting a new Citywide Mobility Development Impact Fee to replace the existing transportation component of Community Planning Area-based Development Impact Fees, including a five percent administrative fee, as well as modified Mobility Development Impact Fees for the Otay Mesa Community and authorizing expenditure of up to $500,000 in Citywide Mobility Development Impact Fees and to authorize the expenditure of up to $500,000 in Citywide Park Development Impact Fees for the Build Better SD Project.

Subitem-J: (R-2023-22) ADOPTED AS RESOLUTION R-314274
Resolution approving the Development Impact Fees Annual Report – Fiscal Year 2021 and make findings related to unexpended balances as required in California Government Code section 66001, including the allocation of nominal fund balances for other identified projects that serve the projects on which the fees were originally imposed for the Build Better SD Project.

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 Chair von Wilpert, to move the item forward without recommendation with the request to the Mayor’s office and Planning Department staff work with each Council District to review the community projects being removed from DIF eligibility in the proposal and determine if any of the projects need to be added back into the eligible projects list.

Minutes of the Council of the City of San Diego Page 12 for the Special Meeting of Monday, August 1, 2022
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppe-yea.

Planning: Sameera Rao, (619) 445-5346
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 2:10 PM
Public testimony by Jesse O’Sullivan, Thomas Mullaney, Enrique Delacruz, Lori Saldaña, Jeffrey Stevens, Rachel G., Blair Beekman, Sally, David Moty, Judy, Craig Benedetto, and Paul Krueger.

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION IN SUBITEMS A, B, D, E, F, G, H, AND J; INTRODUCE THE ORDINANCE IN SUBITEM C; AND ADOPT THE RESOLUTION IN SUBITEM I AS AMENDED TO ADD A SECTION 20 TO READ, “THE MAYOR OR DESIGNEE WILL REEVALUATE PROJECTS LISTED IN TABLE A-1C IN ATTACHMENT 7A OF THE ATTACHED

NEXUS STUDY THAT HAVE NOT BEEN REMOVED BASED ON A COMMUNITY PLAN UPDATE AND

PRESENT THE FINDINGS TO THE CITY COUNCIL, AFTER THE FIFTH- AND TENTH-YEAR POST

ADOPTION, TO DETERMINE IF THE ANTICIPATED CONDITIONS HAVE CHANGED AND

WARRANT INCLUDING AND ADDING THESE PROJECTS INTO THE CITYWIDE MOBILITY DEVELOPMENT IMPACT FEES ELIGIBLE PROJECTS LIST.” Second by Joe LaCava.

Passed by the following vote:

Item 605: North Park Maintenance Assessment District Formation Overseen by the Economic Development Department.

Total Estimated Cost of Proposed Action and Funding Source:

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

Council District(s) Affected: 3.

Proposed Actions:
(R-2022-563) ADOPTED AS RESOLUTION R-314275
Minutes of the Council of the City of San Diego Page 13 for the Special Meeting of Monday, August 1, 2022
Resolution considering the protests, approving the assessment formula, and authorizing the levy and collection of assessment for the North Park Special Enhancement District (MAD) for the life of the district.

Committee Actions Taken:

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

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

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

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 2:01 PM & 4:02 PM
City Clerk Elizabeth Maland announced that the election has been conducted according to assessment proceedings. The weighted majority of the proposed casting ballots did not vote in opposition to the assessment in the proposed North Park Special Enhancement District; therefore; no majority protest exists. City Clerk Elizabeth Maland announced the weighted percentage of those casting ballots voting in favor of establishment was 60.1 percent. The weighted percentage of those casting ballots voting in opposition to establishment was 39.9 percent. The percentage of those casting ballots voting in favor of City management was 18.71 percent. The percentage of those casting ballots voting in favor of Owners Association management was 81.29 percent. City Clerk Elizabeth Maland certified the results of the election and submitted them to the City Council.

Public testimony by Angela Lansburg, Steven Billings, Lori Saldaña, and William Lopez.

MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 606: Peregrine Energy Storage Facility Project No. 680811.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 14 for the Special Meeting of Monday, August 1, 2022
Private development project - all costs associated with the proposed action are funded through a trust account paid for by the applicant.

Council District(s) Affected: 8.

Proposed Actions:

Ordinance approving a Coastal Development Permit and Site Development Permit, amending the 30 day removal requirement for encroachments into the public right-of-way, and waiving Planning Commission review for a project to demolish existing structures on site for the construction of a Battery Energy Storage System facility with associated site improvements and undergrounding of transmission lines within the public right-of-way. (O-2023-17) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance approving Coastal Development Permit No. 2529205 and Site Development Permit No. 2601553, amending the 30 day removal requirement in Chapter 12, Article 9, Division 7 of the San Diego Municipal Code for an Encroachment Maintenance and Removal Agreement and waiving the requirement of a Planning Commission hearing and recommendation.

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

Committee Actions Taken: N/A
Development Services: Catherine Rom, (619) 446-5277
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 3:36 PM
Public testimony by Lauren Cazares, Keith Latham, Jason Anderson, Matthew Vasilakis, Judy, Katrina Boyd, Cristina Marquez, Blair Beekman, and Lori Saldaña.

MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Chris Cate.

Passed by the following vote:

Item 607: Third Amendment to As-Needed Agreement With Meyers Nave Riback Silver & Wilson to Provide Continued Legal Services as Panel Outside Counsel.

Minutes of the Council of the City of San Diego Page 15 for the Special Meeting of Monday, August 1, 2022
Total Estimated Cost of Proposed Action and Funding Source:

The Third Amendment to the Agreement with the Law Firm is for an increase of $350,000, for a total contract amount not-to-exceed $1.2 million. Funding for this contract increase will come from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-66) ADOPTED AS RESOLUTION R-314276
Resolution authorizing the Mayor, or his designee, to execute the Third Amendment to the AsNeeded Agreement with Meyers Nave Riback Silver & Wilson to increase the not-to-exceed amount by $350,000 from $850,000 to $1.2 million to provide continued legal services as panel outside counsel.

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 1:03 PM
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 608: Authority to Approve Construction Change Orders (CCO) for K-21-1807-DBB-3-A Morena Pump Station.

Total Estimated Cost of Proposed Action and Funding Source:

The costs are not-to-exceed $20,000,000.00, for the dewatering change condition for the Morena Pump Station, to be funded from the Capital Improvements Program (CIP), Pure Water Program, Metro Sewer CIP Fund.

Council District(s) Affected: 2, 7.

Minutes of the Council of the City of San Diego Page 16 for the Special Meeting of Monday, August 1, 2022
Proposed Actions:
(R-2023-61 Cor. Copy) ADOPTED AS RESOLUTION R-314277
Resolution authorizing the Mayor, or his designee, to issue one or more change orders to the construction contract with Flatiron West, Inc. (K-21-1807-DBB-3-A) for the Morena Pump Station as necessary to address the dewatering changed condition for a total combined amount not-toexceed $20,000,000.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on July 21, 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.

Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 11:08 AM
MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 609: Update on the First 90 Days of the Office of Child and Youth Success.

Total Estimated Cost of Proposed Action and Funding Source:

This item is informational only.

Council District(s) Affected: Citywide.

Proposed Actions: N/A

ITEM PRESENTED
Minutes of the Council of the City of San Diego Page 17 for the Special Meeting of Monday, August 1, 2022
Committee Actions Taken: N/A
Office of Child and Youth Success: Andrea O'Hara, (858) 232-6579 COUNCIL ACTION: Start Time: 10:31 AM
Item-610: Authorization to Amend a Contract With JCI Jones Chemicals, Inc. (BID 10089076- 17-V) to Purchase Liquid Chlorine for the City’s Water Treatment Plants, Public Utilities Department.

Total Estimated Cost of Proposed Action and Funding Source:

The total amount not-to-exceed for these amendments is $5,700,000, which will be funded by the Water Utility Operating Fund (700011).

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-24) CONTINUED TO TUESDAY, AUGUST 2, 2022
Introduction of an Ordinance ratifying the First Amendment and authorizing the Mayor, or his designee, to negotiate and sign a Second Amendment to the Agreement with JCI Jones Chemicals, Inc. for price increases related to the costs of raw materials in an amount not-toexceed $5,700,000, in connection with the purchase of Liquid Chlorine. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Public Utilities: Drew Kleis, (619) 527-7434
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 11:34 AM
MOTION BY STEPHEN WHITBURN TO CONTINUE TO TUESDAY, AUGUST 2, 2022, FOR FURTHER REVIEW. Second by Sean Elo-Rivera.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 18 for the Special Meeting of Monday, August 1, 2022
Not Present: (None).

Item 611: Authorization for a Second Amendment to the Contract With US Peroxide, LLC (USP Technologies) (Bid No. 10031657-13-C) to Provide the Peroxide Regenerated Iron Sulfide Control (PRI-SC™) and Peroxide Regenerated Iron Chemically Enhanced Primary Treatment Program (PRI-CEPT™).

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this Second Amendment to the agreement will increase the cost by $24,965,800, for a total contract amount of $92,972,976. Funds will come from the Metro Sewer Utility Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-23) CONTINUED TO TUESDAY, AUGUST 2, 2022
Introduction of an Ordinance authorizing the Mayor, or his designee, to negotiate and sign a Second Amendment to the Agreement with U.S. Peroxide, LLC for price increases related to the costs of fuel and raw materials in an additional amount not-to-exceed $24,956,800, and extend the term of the Agreement for an additional one year, in connection with the purchase of the Peroxide Regenerated Iron Sulfide Control and Peroxide Regenerated Iron Chemically Enhanced Primary Treatment Program.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 11:34 AM
MOTION BY STEPHEN WHITBURN TO CONTINUE TO TUESDAY, AUGUST 2, 2022, FOR FURTHER REVIEW. Second by Sean Elo-Rivera.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 19 for the Special Meeting of Monday, August 1, 2022
Item 612: Authorization to Amend a Contract With JCI Jones Chemical (Bid No10089515-19-V) to Purchase Caustic Soda (50% Solution) for Water and Wastewater Facilities, Public Utilities Department.

Total Estimated Cost of Proposed Action and Funding Source:

Authorize a second amendment not-to-exceed $6,840,550, increasing the total contract to $16,226,164 over the years of the contract. Funds will be paid out of Sewer and Water Revenues.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-57) CONTINUED TO TUESDAY, AUGUST 2, 2022
Resolution ratifying the Second Amendment and authorizing the Mayor, or his designee, to negotiate and sign a Third Amendment to the Agreement with JCI Jones Chemicals, Inc. for price increases related to the costs of raw materials in an additional amount not-to-exceed $6,841,550, in connection with the purchase of caustic soda (50% solution).

Passed by the following vote:

Item 613: Authorization to Amend Contract With JCI Jones Chemical (Bid No. 10089682-20-V) to Purchase Sodium Hypochlorite (12.5% Solution) for Wastewater Treatment Facilities, Public Utilities Department.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 20 for the Special Meeting of Monday, August 1, 2022
Authorize a second amendment not-to-exceed $24,991,700, increasing the total contract to $38,291,700 over the remaining five years of the contract. Funds will be paid out of Sewer Revenues.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-60) CONTINUED TO TUESDAY, AUGUST 2, 2022
Resolution ratifying the First Amendment and authorizing the Mayor, or his designee, to negotiate and sign a Second Amendment to the Agreement with JCI Jones Chemicals, Inc. for price increases related to costs of raw materials in an amount not-to-exceed $24,991,700, in connection with the purchase of sodium hypochlorite.

Passed by the following vote:

Item 614: Authorization for a First Amendment to the Contract With Hill Brothers Chemical Co. (BID No. 10089621-20-V) to Purchase Ammonium Hydroxide for the Water Treatment Plants, Public Utilities Department.

Total Estimated Cost of Proposed Action and Funding Source:

Amendment to increase the contract amount $4,291,868, increasing the total contract not-toexceed amount to $8,809,624, for the remaining duration of the contract. Funds are paid out of Water Revenue.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 21 for the Special Meeting of Monday, August 1, 2022
Proposed Actions:
(R-2023-59) CONTINUED TO TUESDAY, AUGUST 2, 2022
Resolution authorizing the Mayor, or his designee, to negotiate and sign a First Amendment to the Agreement with Hills Brothers Chemicals Co. for price increases related to the costs of raw materials in an additional amount not-to-exceed $4,291,868, in connection with the purchase of ammonium hydroxide.

Passed by the following vote:

Item 615: Authorization for a First Amendment to the Contract With Kemira Water Solutions (Bid No. 10089520-19-V) to Purchase Ferric Chloride for Water and Wastewater Treatment Plants, Public Utilities Department.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this First Amendment to the agreement will increase the cost by $13,469,900, for a total contract amount of $37,757,961. Funds will come from the Metro Sewer Utility Fund and the Water Utility Operating Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-58) CONTINUED TO TUESDAY, AUGUST 2, 2022
Resolution authorizing the Mayor, or his designee, to negotiate and sign a First Amendment to the Agreement with Kemira Water Solutions, Inc. for price increases related to the costs of fuel Minutes of the Council of the City of San Diego Page 22 for the Special Meeting of Monday, August 1, 2022
and raw materials in an additional amount not-to-exceed $13,469,900, in connection with the purchase of ferric chloride.

Passed by the following vote:

Item 616: Consideration of Nominees for Appointment to the Horton Plaza Theatres Foundation Board of Directors and Rescission of R-314209.

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

Proposed Actions:

Subitem-A: (R-2023-69) ADOPTED AS RESOLUTION R-314278
Rescinding Resolution R-314209, adopted on June 28, 2022, which appointed members to the Board of Directors of the Horton Plaza Theatres Foundation.

Subitem-B: (R-2023-68) ADOPTED AS RESOLUTION R-314279
Resolution appointing members to 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
Minutes of the Council of the City of San Diego Page 23 for the Special Meeting of Monday, August 1, 2022
COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:07 p.m. in honor of the memory of:

Mr. Christopher Osalvo Mendoza as requested by Councilmember Cate.

COUNCIL ACTION: Start Time: 4:05 PM

San Diego City CouncilAugust 1, 2022

San Diego City Council
August 1, 2022