THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, AUGUST 2, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................6 ATTENDANCE DURING THE MEETING...................................................................................6 ROLL CALL ..........................................................................................................................6 PLEDGE OF ALLEGIANCE......................................................................................................7 CLOSED SESSION................................................................................................................7 NON-AGENDA PUBLIC COMMENT .........................................................................................8
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................11 SPECIAL ORDERS OF BUSINESS .........................................................................................12 APPROVAL OF COUNCIL MINUTES ......................................................................................12 Item 30: Survivors of Torture, International Day .................................................................13 Item 31: American Muslim Appreciation and Awareness Month ............................................13 Item 32: Dr. Sammy Totah Day .........................................................................................14 Item 50: Exemption of One Program Manager Position in the Office of the City Attorney from the Classified Service..........................................................................................................15 Item 51: Exemption of One Program Coordinator Position in the Office of Child and Youth Success from the Classified Service .....................................................................................15 Item 52: Third Amendment to Vendor Agreement No. 4500023939 between the City of San Diego and Ventiv Technology, Inc .......................................................................................16 Item 53: Extension of the Lexis Nexis Contract and Approval of Amendment No. 3................18 Minutes of Tuesday, August 2, 2022 Page 2
Table of Contents (Continued)
Item 54: First Amendment to the Consulting Agreement with Miki Iwasaki for the Children's Park Public Art Project (H176928) .......................................................................................19 Item 55: First Amendment to the Consulting Agreement with Janelle Iglesias for the Pacific Highlands Ranch Branch Library Public Art Project (H187020) ...............................................20 Item 56: Consideration of an Ordinance Regulating the City's Use, Acquisition, and Funding of Surveillance Technology .....................................................................................................21 Item 57: Authorization to Execute a One-Year Agreement with Assetworks, Inc. for a Fleet Management Information System........................................................................................22 Item 58: Implementation of 2020 City of San Diego Disparity Study Recommendations............. ........................................................................................................................................23 Item 59: Exemption of Two Program Manager Positions and One Council Representative Position in the Council Administration Department and Exemption of Forty-Five Council Representative 1 Positions for the Nine City Council Offices from Classified Service.................24 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........26 Item 100: Authorization to Enter into a Joint Use Agreement with San Diego Gas & Electric Company for Use of a Portion of Public Right of Way known as Eastgate Mall.........................27 Item 101: Amendment to Resolution R-310839 Authorizing and Establishing the Miramar Road Banner District...................................................................................................................28 Item 102: Proposed Third Amendment to Lease between Neighborhood House Association and the City of San Diego - 808 West Cedar Street – Little Italy Neighborhood of the Downtown Community Plan Area.........................................................................................................28 Item 103: Authorization to Approve Two Easement and Maintenance Agreements with San Diego Unified Port District for Portion of the Bayshore Bikeway .............................................30 Item 104: Resolution Approving an Extension to the Temporary Exception to Article 19, Section F of the Memorandum of Understanding between the City and San Diego City Firefighters, I.A.F.F., Local 145, regarding Out-of-Class Assignments for the Fire Engineer Classification.....31 Item 105: Consent of Transfer of Rights and Agreement with Metropolitan Airpark, LLC, (MAP) and San Diego Airpark, LLC, relating to a total of 331 Acres of City-Owned Real Property at Brown Field Municipal Airport and the First Amendments to 59 Flat Rate Parcel Ground Lease and Right of Entry License Agreements with San Diego Airpark, LLC, which correspond to 207.56 Acres of the Property ..............................................................................................32 Minutes of Tuesday, August 2, 2022 Page 3
Table of Contents (Continued)
Item 106: Proposed Second Amendment to Lease Between Neighborhood House Association and the City of San Diego - 475 West Broadway – Columbia Neighborhood of the Downtown Community Plan Area.........................................................................................................33 Item 107: Authorization to Approve and Grant a Public Utility Easement to SDG&E on City Owned Property at NTC/Liberty Station ...............................................................................35 Item 108: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized Employee Organizations..............................................36 Item 330: 2022 Climate Action Plan – Net Zero by 2035 ......................................................36 Item 331: Climate Action Plan Update Package Municipal Code, Land Development Manual, and Local Coastal Program Amendments (CAP Consistency Regulations) ......................................38 Item 350: Submission of Ballot Proposals for the November 8, 2022, Ballot...........................40 Item 351: Council Policy 000-21 Ballot Proposals, November 2022 .......................................41 Item 352: Arguments Supporting or Opposing Measures......................................................42 Item 353: Examination of Ballot Materials...........................................................................43 Item S500: Resolution for the City of San Diego Declaring Our Support of Rep. Sara Jacobs’ “My Body, My Data Act” to Protect the Privacy, Data, and Safety of People Seeking Reproductive Healthcare.....................................................................................................44 Item S501: The Mad Hatters Day.......................................................................................45 Item S502: Bridgette Brashear Day ....................................................................................45 Item S503: Henretta Shields Day .......................................................................................46 Item S504: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953 ........................................................46 Item S505: Resolution Excusing Councilmember Moreno from City Council and Committee Meetings ...........................................................................................................................47 Item S506: Second Amendment to the Salesforce Software and Services Agreement between the City of San Diego and Carahsoft Technology Corporation ................................................48 Item S507: Exemption of Two Program Coordinator Positions in the Risk Management Department from the Classified Service ...............................................................................49 Item S508: Reappointment to the San Diego County Water Authority Board of Directors ........... ........................................................................................................................................50 Minutes of Tuesday, August 2, 2022 Page 4
Table of Contents (Continued)
Item S509: Appointments and Reappointment to the Accessibility Advisory Board .................51 Item S510: 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.......................................................................................................................52 Item S511: 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)...........................................................................................................53 Item S512: 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.......................................................................................................................54 Item S513: 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 ...........................................................................................................55 Item S514: 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..................................................................................................56 Item S515: 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 .......................................................................................57 REPORT OUT FROM CLOSED SESSION................................................................................58 ADJOURNMENT .................................................................................................................58 Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, August 2, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. The meeting was recessed by Council President Elo-Rivera at 11:50 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:02 p.m. with Councilmember Cate not present. The meeting was adjourned by Council President Elo-Rivera at 5:17 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-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT
CD-6 Councilmember Chris Cate
CITY CLERK
Maland (cp)
*NOTE: Councilmember LaCava 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-not 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 6
for the Regular Meeting of Tuesday, August 2, 2022
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem Montgomery Steppe.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Jenna Cole, et al v. City of San Diego
San Diego Superior Court Case No. 37-2022-00010098-CU-PO-CTL Risk Management Department Claim File No. 26453
REFERRED TO CLOSED SESSION OF TUESDAY, AUGUST 2, 2022
DCA Assigned: S. Plotkin-Wolff
This is a personal injury lawsuit arising from a bite by a City of San Diego police service dog.
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: 11:07 AM
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Anticipated litigation – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):
CS-2 Number of Potential Cases: One
REFERRED TO CLOSED SESSION OF TUESDAY, AUGUST 2, 2022
DCA Assigned: G. Lowenberg
Outside Counsel: Tom Vandenburg with Wood, Smith, Henning & Berman, LLP The City Attorney will discuss the potential for litigation and seek authority to retain outside insurance coverage counsel.
COUNCIL ACTION: Start Time: 11:07 AM
Council President Elo-Rivera closed the hearing.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, August 2, 2022
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-3 Ingrid Gonzalez v. City of San Diego
San Diego Superior Court Case No. 37-2020-00034425-CU-PA-CTL Risk Management Department Claim File No. 23275
REFERRED TO CLOSED SESSION OF TUESDAY, AUGUST 2, 2022
DCA Assigned: R. Rice
This case arises from a pedestrian incident with a Public Utilities Department vehicle that occurred on September 5, 2019, on 54th Street in San Diego. 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: 11:07 AM
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Neil Rico commented on housing.
COUNCIL ACTION: Start Time: 11:11 AM
PUBLIC COMMENT-2:
Laura Harvey commented on C Street Inn – relocation allotment.
COUNCIL ACTION: Start Time: 11:13 AM
PUBLIC COMMENT-3:
Michael Brando commented on health.
COUNCIL ACTION: Start Time: 11:15 AM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, August 2, 2022
PUBLIC COMMENT-4:
Consuelo commented on vaccine experiment.
COUNCIL ACTION: Start Time: 11:17 AM
PUBLIC COMMENT-5 (virtual):
Kathleen Lippitt commented on true equity for low-income and minority communities regarding permitted marijuana businesses.
COUNCIL ACTION: Start Time: 11:19 AM
PUBLIC COMMENT-6 (virtual):
Audra commented on following a lie.
COUNCIL ACTION: Start Time: 11:21 AM
PUBLIC COMMENT-7 (virtual):
Terri-Ann Skelly commented on ban of marijuana products.
COUNCIL ACTION: Start Time: 11:23 AM
PUBLIC COMMENT-8 (virtual):
Barbara Gordon commented on limit or capping on percentage of THC potency.
COUNCIL ACTION: Start Time: 11:25 AM
PUBLIC COMMENT-9 (virtual):
Lori Saldaña commented on wildfires killing unsheltered people.
COUNCIL ACTION: Start Time: 11:27 AM
PUBLIC COMMENT-10 (virtual):
Blair Beekman commented on racial equity for natural disaster preparedness; workers’ rights issues; and surveillance technology ordinance.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, August 2, 2022
COUNCIL ACTION: Start Time: 11:29 AM
PUBLIC COMMENT-11 (virtual):
Becky Rapp commented on warning labels on marijuana products.
COUNCIL ACTION: Start Time: 11:31 AM
PUBLIC COMMENT-12 (virtual):
Peggy Walker commented on mental health; and THC potency caps with taxing based on potency.
COUNCIL ACTION: Start Time: 11:33 AM
PUBLIC COMMENT-13 (virtual):
Mary D. commented on endless pursuit of a zero COVID strategy.
COUNCIL ACTION: Start Time: 11:35 AM
PUBLIC COMMENT-14 (virtual):
Amy Reichert commented on teleconferenced meetings; and unvaccinated employees.
COUNCIL ACTION: Start Time: 11:38 AM
PUBLIC COMMENT-15 (virtual):
Joy Sunyata commented on policies.
COUNCIL ACTION: Start Time: 11:40 AM
PUBLIC COMMENT-16 (virtual):
Jack Fernandes recognized Council engaging with the community; and fentanyl epidemic.
COUNCIL ACTION: Start Time: 11:42 AM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, August 2, 2022
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember von Wilpert shared an update on the progress in hiring classified employees in the City (proposed ballot measure). She stated that they have been busy working with the Unions and Human Resources staff on how to hire people faster, looking at hiring structure.
Councilmember von Wilpert announced that the Personnel Department has offered to make a number of positive changes and improvements to the current process and give an informational update at Council in the fall on progress being made. She mentioned because of these changes, the ballot measure will be placed on hold at this time to see if proposed changes fix our hiring system. Councilmember von Wilpert thanked the Mayor and City staff for their assistance.
COUNCIL ACTION: Start Time: 11:44 AM
COUNCIL COMMENT-2:
Council President Pro Tem Montgomery Steppe thanked members of the Fire Department for being here. She also thanked Jorge Hernandez, Captain Swift, and Captain Shanley. Council President Pro Tem Montgomery Steppe announced they will be formally honored.
COUNCIL ACTION: Start Time: 11:48 AM
COUNCIL COMMENT-3:
Councilmember Campillo and staff hosted a bulk trash and e-waste drop off event at St.
Columba Catholic High School in Serra Mesa last weekend. He thanked Waste Management, Update Green, Serra Mesa Mama’s group, and St. Columba School. Councilmember Campillo mentioned it was great to see so many “Serra Mesans”, help them get rid of their bulk trash and e-waste which keep our landfills clean.
COUNCIL ACTION: Start Time: 11:49 AM
SPECIAL ORDERS OF BUSINESS
None.
APPROVAL OF COUNCIL MINUTES
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, August 2, 2022
APPROVED
06/27/2022 Special
06/28/2022
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Monica Montgomery Steppe.
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: (None);
Recused: (None);
Not Present: Chris Cate.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 30: Survivors of Torture, International Day.
MAYOR GLORIA AND COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
APPROVED
Proclaiming August 2, 2022, to be, “Survivors of Torture, International Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:48 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item 31: American Muslim Appreciation and Awareness Month.
COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CATE, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, August 2, 2022
APPROVED
Proclaiming the month of August 2022 to be, “American Muslim Appreciation and Awareness Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:48 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item 32: Dr. Sammy Totah Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
APPROVED
Proclaiming August 18, 2022, to be, “Dr. Sammy Totah Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:48 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item 50: Exemption of One Program Manager Position in the Office of the City Attorney from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
This position is included in the Fiscal Year 2023 Adopted Budget.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, August 2, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-12) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance authorizing the exemption of one Program Manager position in the Office of the City Attorney from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 7, 2022. This Program Manager position will develop policies to support and expand the Criminal Division's Conservatorship and Treatment Unit using legislated options to include court ordered conservatorships. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item 51: Exemption of One Program Coordinator Position in the Office of Child and Youth Success from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
This position is included in the FY 2023 Proposed Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-16) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Office of Child and Youth Success from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 7, 2022. This Program Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, August 2, 2022
Coordinator position will be responsible for organizing, supporting, and facilitating childcare services throughout the City of San Diego. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Office of Child and Youth Success: Andrea O'Hara, (858) 232-6579 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item 52: Third Amendment to Vendor Agreement No. 4500023939 between the City of San Diego and Ventiv Technology, Inc.
Total Estimated Cost of Proposed Action and Funding Source:
The Third Amendment will allow the City to purchase up to an additional 30 user software licenses at a one-time cost of $5,000 per license with an annual fee of $1,125 per license with a 3% annual increase per period beginning with option year two for an increase of $291,197.41 for the five-year period, funded by the Risk Management Administration Fund. This increases the total not-to-exceed amount for the Agreement to $1,356,561.49 over the five-year term of the Agreement.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-15) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance Authorizing execution of the Third Amendment to Vendor Agreement No. 4500023939 between the City of San Diego and Ventiv Technology, Inc. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, August 2, 2022
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.
Risk Management: David Heller, (619) 236-6754
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item 53: Extension of the Lexis Nexis Contract and Approval of Amendment No. 3.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to extend the existing contract with Lexis Nexis for one year, through December 31, 2023, and increase the not-to-exceed (NTE) amount by $100,000.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-2) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance authorizing Amendment No. 3 to an Agreement for Services with LexisNexis Risk Solutions Fl, Inc.
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.
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, August 2, 2022
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Office of the City Treasurer: Jonathan Carey, (619) 533-3610 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item 54: First Amendment to the Consulting Agreement with Miki Iwasaki for the Children's Park Public Art Project (H176928).
Total Estimated Cost of Proposed Action and Funding Source:
Amendment is no cost; funding source for the project is Developer Impact Fees.
Council District(s) Affected: 3.
Proposed Actions:
(O-2023-7) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Agreement with Miki Iwasaki, extending the Agreement through March 31, 2023, in connection with the Children's Park Public Art project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on July 13, 2022.
Motion by Committee Member Campbell, second by Chair Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, August 2, 2022
Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Jon D. Dwyer
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item 55: First Amendment to the Consulting Agreement with Janelle Iglesias for the Pacific Highlands Ranch Branch Library Public Art Project (H187020).
Total Estimated Cost of Proposed Action and Funding Source:
This amendment will extend the contract duration only and does not have associated fiscal impacts.
Council District(s) Affected: 1.
Proposed Actions:
(O-2023-8) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Agreement with Janelle Iglesias, extending the Agreement through December 31, 2024, in connection with the Pacific Highlands Ranch Branch Library Project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on July 13, 2022.
ACTION: Motion by Committee Member Campbell, second by Chair Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, August 2, 2022
Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Jon D. Dwyer
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item 56: Consideration of an Ordinance Regulating the City's Use, Acquisition, and Funding of Surveillance Technology.
Total Estimated Cost of Proposed Action and Funding Source:
Cost has not yet been determined.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 7/18/2022, Item 200 (Council voted 9- 0):
(O-2021-69 Rev. Cor. Copy 5) ADOPTED AS ORDINANCE O-21514 (New Series) Ordinance amending Chapter 5 of the San Diego Municipal Code by adding new Article 11, Division 1, Sections 511.0101 through 511.0110, to create regulations relating to the City's use, acquisition, and funding of surveillance technology.
Committee Actions Taken: N/A
Council District 4: Tiffany Harrison, (619) 236-6644
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, August 2, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item 57: 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.
Proposed Actions:
Adopt the following ordinance which was introduced on 7/19/2022, Item S502 (Council voted 9- 0):
(O-2023-1) ADOPTED AS ORDINANCE O-21515 (New Series)
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
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, August 2, 2022
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item 58: 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:
Adopt the following ordinance which was introduced on 7/19/2022, Item 331 (Council voted 9- 0):
(O-2023-3 Cor. Copy) ADOPTED AS ORDINANCE O-21516 (New Series) 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; 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.
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, August 2, 2022
Committee Actions Taken: N/A
Purchasing & Contracting: Claudia C. Abarca, (619) 236-5921 City Attorney Contact: Eric S. Pooch
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item 59: Exemption of Two Program Manager Positions and One Council Representative Position in the Council Administration Department and Exemption of Forty-Five 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:
Adopt the following ordinance which was introduced on 7/19/2022, Item S501 (Council voted 9- 0):
(O-2023-10) ADOPTED AS ORDINANCE O-21517 (New Series)
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
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, August 2, 2022
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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: (None);
Recused: (None);
Not Present: Chris Cate.
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:
Adopt the following ordinance which was introduced on 7/19/2022, Item 60, Subitem B (Council voted 9-0):
(O-2022-154) ADOPTED AS ORDINANCE O-21518 (New Series)
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: N/A
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:07 AM
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, August 2, 2022
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item 100: Authorization to Enter into a Joint Use Agreement with San Diego Gas & Electric Company for Use of a Portion of Public Right of Way known as Eastgate Mall.
Total Estimated Cost of Proposed Action and Funding Source:
No current impact, but future impact possible.
Council District(s) Affected: 1.
Proposed Actions:
(R-2022-218) ADOPTED AS RESOLUTION R-314280
Resolution authorizing the Mayor, or his designee, to enter into a Joint Use Agreement with San Diego Gas & Electric Company, for the relocation of a gas line into the public right-of-way within a portion of Eastgate Mall.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on December 9, 2021.
ACTION: Motion by Committee Member LaCava, second by Vice Chair Elo-Rivera, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Whitburn-yea, Elo Rivera-yea, LaCava-yea, Moreno-yea.
Department of Real Estate and Airport Management: Barry Slotten, (619) 236-6724 City Attorney Contact: Marco A. Verdugo
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, August 2, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item 101: Amendment to Resolution R-310839 Authorizing and Establishing the Miramar Road Banner District.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 6.
Proposed Actions:
(R-2023-53) ADOPTED AS RESOLUTION R-314281
Resolution approving an Amendment to Resolution R-310839 to identify Mira Mesa Town Council as the sponsoring organization for the Miramar Road Banner District.
Committee Actions Taken: N/A
Council District 6: Anthony George, (619) 236-6616
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item 102: Proposed Third Amendment to Lease between Neighborhood House Association and the City of San Diego - 808 West Cedar Street – Little Italy Neighborhood of the Downtown Community Plan Area.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, August 2, 2022
The proposed Third Amendment to the Lease is anticipated to generate approximately $217,965.96 in additional gross revenue to the Low and Moderate Income Housing Asset Fund (LMIHAF).
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-41) ADOPTED AS RESOLUTION R-314282
Resolution of the Council of the City of San Diego determining that approval of the Third Amendment to the Lease with the Neighborhood House Association for property located at 808 West Cedar Street, San Diego, California, is categorically exempt from the California Environmental Quality Act under CEQA Guidelines section 15301.
Subitem-B: (R-2023-5) ADOPTED AS RESOLUTION R-314283
Resolution of the Council of the City of San Diego approving the Third Amendment to the Lease with the Neighborhood House Association, with regard to the property located at 808 West Cedar Street, San Diego, California.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on July 13, 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: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, August 2, 2022
Item 103: Authorization to Approve Two Easement and Maintenance Agreements with San Diego Unified Port District for Portion of the Bayshore Bikeway.
Total Estimated Cost of Proposed Action and Funding Source:
Transportation Department does not anticipate having to increase the Street Division budget to accommodate future maintenance of the improvements.
Council District(s) Affected: 8.
Proposed Actions:
Subitem-A: (2023-50) ADOPTED AS RESOLUTION R-314284
Resolution determining that authorizing the acceptance of the grant of two easements from San Diego Unified Port District and approving two 66-year Easement and Maintenance Agreements between the City of San Diego and San Diego Unified Port District for the City’s operation, maintenance, repair, replacement, and inspection of a portion of the Bayshore Bikeway in Barrio Logan is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15301, 15302, and 15304.
Subitem-B: (R-2023-51) ADOPTED AS RESOLUTION R-314285
Resolution authorizing the acceptance of the grant of two easements from San Diego Unified Port District and approving two 66-year Easement and Maintenance Agreements between the City of San Diego and San Diego Unified Port District for the City’s operation, maintenance, repair, replacement, and inspection of a portion of the Bayshore Bikeway in Barrio Logan.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on July 14, 2022.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Whitburn, 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: Julie Gough Inman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, August 2, 2022
Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item 104: Resolution Approving an Extension to the Temporary Exception to Article 19, Section F of the Memorandum of Understanding between the City and San Diego City Firefighters, I.A.F.F., Local 145, regarding Out-of-Class Assignments for the Fire Engineer Classification.
Total Estimated Cost of Proposed Action and Funding Source:
This action is anticipated to be cost neutral as the Fire-Rescue Department would not be required to mandatory employees on overtime into the Fire Engineer classification at premium overtime rate, but instead could utilize the OCA for a regular duty assignment.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-49) ADOPTED AS RESOLUTION R-314286
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, I.A.F.F., Local 145, for a temporary exception to Article 19 of the Memorandum of Understanding regarding out-of-class assignments for the Fire Engineer classification. 6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Curt Glaser, (619) 533-4413
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, August 2, 2022
Item 105: Consent of Transfer of Rights and Agreement with Metropolitan Airpark, LLC, (MAP) and San Diego Airpark, LLC, relating to a total of 331 Acres of City-Owned Real Property at Brown Field Municipal Airport and the First Amendments to 59 Flat Rate Parcel Ground Lease and Right of Entry License Agreements with San Diego Airpark, LLC, which correspond to 207.56 Acres of the Property.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the Staff Report for Fiscal Considerations.
Council District(s) Affected: 8.
Proposed Actions:
(R-2022-604) ADOPTED AS RESOLUTION R-314287
Resolution of the Council of the City of San Diego approving a Consent of Transfer of Rights and Agreement with Metropolitan Airpark, LLC and San Diego Airpark, LLC relating to a total of 331 acres of City-owned real property at Brown Field Municipal Airport, and First Amendments to 59 Flat Rate Parcel Ground Lease and Right of Entry License Agreements with San Diego Airpark, LLC relating to approximately 207.56 acres of the property.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on July 14, 2022.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Whitburn, 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: Jorge Rubio, (858) 573-1441 City Attorney Contact: William W. Witt
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, August 2, 2022
Item 106: Proposed Second Amendment to Lease Between Neighborhood House Association and the City of San Diego - 475 West Broadway – Columbia Neighborhood of the Downtown Community Plan Area.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed Second Amendment to the Lease at 475 West Broadway is anticipated to generate approximately $137,315.08 in additional gross revenue to the Low and Moderate Income Housing Asset Fund (LMIHAF).
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-40) ADOPTED AS RESOLUTION R-314288
Resolution of the Council of the City of San Diego determining that approval of the Second Amendment to the Lease with the Neighborhood House Association for property located at 475 West Broadway, San Diego, California, is categorically exempt from the California Environmental Quality Act under CEQA Guidelines section 15301.
Subitem-B: (R-2023-4) ADOPTED AS RESOLUTION R-314289
Resolution of the Council of the City of San Diego approving the Second Amendment to the Lease with the Neighborhood House Association, with regard to the property located at 475 West Broadway, San Diego, California.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on July 13, 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: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, August 2, 2022
Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item 107: Authorization to Approve and Grant a Public Utility Easement to SDG&E on City Owned Property at NTC/Liberty Station.
Total Estimated Cost of Proposed Action and Funding Source:
By approving this proposed action, Council is authorizing the Mayor to grant and easement to SDG&E, without direct monetary consideration, to facilitate redevelopment and continued operation of the Hotel Site.
Council District(s) Affected: 2.
Proposed Actions:
(R-2023-52) ADOPTED AS RESOLUTION R-314290
Resolution authorizing conveyance of an easement to SDG&E within the real property located at the former San Diego Naval Training Center (or commonly known as Liberty Station) for utility purposes, findings of public benefit and related actions.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on July 13, 2022.
ACTION: Motion by Committee Member Campbell, second by Chair Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, August 2, 2022
Not Present: Chris Cate.
Item 108: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized Employee Organizations.
Total Estimated Cost of Proposed Action and Funding Source:
There is no fiscal impact for this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-48 Cor. Copy) ADOPTED AS RESOLUTION R-314291
Resolution designating the City of San Diego's management team for labor negotiations with the City's recognized employee organizations, in accordance with the Meyers-Milias-Brown Act, San Diego Charter, and Council Policy 300-06.
Committee Actions Taken: N/A
Human Resources: Dianne Mitra, (619) 533-6539
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item 330: 2022 Climate Action Plan – Net Zero by 2035.
Continued from the meeting of July 26, 2022, Item 331, at the request of Council President EloRivera in light of the agenda and to have the most thorough discussion for the other items.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being approved with this action.
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, August 2, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-34 Rev. Cor. Copy) ADOPTED AS AMENDED AS RESOLUTION R-314297 Resolution authorizing the Mayor, or his designee, to adopt the City of San Diego's 2022 Climate Action Plan.
Subitem-B: (R-2023-36) ADOPTED AS RESOLUTION R-314298
Resolution authorizing the Mayor, or his designee, to adopt the Addendum to Final Program Environmental Impact Report No. 416603, SCH No. 2015021053 for the Climate Action Plan Update and adopting the Mitigation, Monitoring, and Reporting Program.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 30, 2022.
ACTION: Motion by Chair LaCava, second by Committee Member Campbell, to recommend Council approval of staff's recommendation with the following amendments:
Add the following language to Measure 3.1: “Implement the City’s San Diego River Park Master Plan to increase mobility through enhancement of the river trail.
Add the following language to Measure 5.1: “Partner with the San Diego River Conservancy and other agencies to identify sequestration opportunities through restoration projects.
Amend the following section in Measure 3.1: “Implement the City’s Bicycle Master Plan and community plan bicycle networks with an emphasis on separated bikeways a Class IV First approach.
Add the following language to Measure 3.1: “Implement Assembly Bill 43 to reduce speed limits in select corridors.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Sustainability and Mobility: Moriah Saldaña, (909) 953-9233 City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 2:07 PM
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION AS AMENDED IN SUBITEM A TO ADD A NEW SECTION 2 THAT READS: “THE MAYOR OR DESIGNEE IS AUTHORIZED TO DEVELOP
CLIMATE ACTION IMPLEMENTATION PLANS INFORMED BY COUNCIL POLICY ON CLIMATE ACTION PLAN ACTION PRIORITIZATION” AND RENUMBER THE REMAINING SECTIONS; AND Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, August 2, 2022
DIRECTION TO AMEND THE CLIMATE ACTION PLAN BY REVISING THE LANGUAGE ON PAGES 86 AND 87 TO READ: “TO SUPPORT APCD AND THE IMPLEMENTATION OF THE CERP, THE CITY COMMITS TO THE FOLLOWING: REDUCE LEVELS OF DIESEL PARTICULATE MATTER (PM) EMITTED WITHIN THE CITY’S JURISDICTIONAL CONTROL BY 80% FROM 2016 LEVELS BY 2030 WITH PRIORITY IN MOST IMPACTED COMMUNITIES AS IDENTIFIED BY DRAFT CALENVIRONSCREEN (CES) 4.0. REDUCE CANCER RISK BELOW 10 PER MILLION FROM CURRENT RISK OF 100 PER MILLION FOR EACH STATIONARY SOURCE OF TOXIC AIR POLLUTION WITHIN THE CITY’S JURISDICTIONAL CONTROL, INCLUDING PORTABLE EQUIPMENT, IN ENVIRONMENTAL JUSTICE COMMUNITIES”; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Sean Elo-Rivera.
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: (None);
Recused: (None);
Not Present: Chris Cate.
Item 331: Climate Action Plan Update Package Municipal Code, Land Development Manual, and Local Coastal Program Amendments (CAP Consistency Regulations).
Continued from the meeting of July 26, 2022, Item 334, at the request of Council President EloRivera in light of the agenda and to have the most thorough discussion for the other items.
Total Estimated Cost of Proposed Action and Funding Source:
Costs associated with implementation of the CAP Consistency Regulations would be recoverable to the Development Services Department, as the CAP Consistency Regulations would become a part of the existing project review process.
Council District(s) Affected: Citywide.
Proposed Actions:
This action requests approval of the Planning Department’s Climate Action Plan Update Package.
The Climate Action Plan Update Package proposes amendments to the San Diego Municipal Code, the Local Coastal Program, and the Land Development Manual, and approval of an Urban Tree Canopy Fee.
Subitem-A: (R-2023-29) ADOPTED AS RESOLUTION R-314299
Resolution approving the Urban Tree Canopy Fee.
Subitem-B: (R-2023-31 Cor. Copy) ADOPTED AS RESOLUTION R-314300 Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, August 2, 2022
Resolution Amending Land Development Manual, Appendix A, California Environmental Quality Act Significance Thresholds to Amend the Greenhouse Gas Emissions Threshold.
Subitem-C: (O-2023-4) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance amending Chapter 12, Article 6, Division 4 of the San Diego Municipal Code by amending Sections 126.0402 and 126.0404; amending Chapter 12, Article 9, Division 7 by amending Section 129.0710; amending Chapter 14, Article 3, Division 3 by amending Section 143.0302; amending Chapter 14, Article 3, Division 10 by amending Section 143.1025; amending Chapter 14, Article 3 by adding new Division 14, Sections 143.1401, 143.1403, 143.1405, 143.1410, and 143.1415, all relating to Climate Action Plan Consistency Regulations.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 30, 2022.
ACTION: Motion by Chair LaCava, 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.
Planning/Environmental Analysis: Rebecca Malone, (619) 446-5371 City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 2:07 PM
Public testimony by Scott Bechler, Maritiza Garcia, Audra, Nancy Cruz, Ashley Valentin, Christie D., Carla Monsivais, Leslie Gallegos, Anne Fege, and Craig Benedetto.
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTIONS IN SUBITEMS A AND B; AND INTRODUCE THE ORDINANCE IN SUBITEM C. 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: (None);
Recused: (None);
Not Present: Chris Cate.
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Item 350: Submission of Ballot Proposals for the November 8, 2022, Ballot.
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, August 2, 2022
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected].
Therefore, the City Clerk’s Office has established the following calendar for the November 8, 2022, election.
DAY DATE DAYS BEFORE
ELECTION
EVENT
Monday 04/04/22 218 LAST DATE (5:00 p.m.) for public, departments and agencies to submit ballot proposals to City
Clerk for review by Committee
Wednesday
Wednesday
04/20/22
06/08/22
202
153
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review, where
the Committee will decide if they will be
presented to the full Council for consideration
Thursday –
Friday
06/09/22 –
08/12/22
152 –
88 Council discusses measures and adopts
ordinances prepared by City Attorney to place
measures on the ballot
Friday 08/12/22 88 Last day for City Clerk to file with Registrar of Voters election material (ordinances and
resolutions related to the calling of election and
measure(s), if any)
Tuesday 08/16/22 84 Last day to submit the Fiscal Impact Analysis; Ballot and Title Summary; and Impartial
Analysis with City Clerk
Friday 08/19/22 81 Last day to file ballot arguments with City Clerk Please check posted agendas for additional information. If you have questions, please contact the Office of the City Clerk at [email protected] or (619) 533-4000.
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, August 2, 2022
Item 351: Council Policy 000-21 Ballot Proposals, November 2022.
Ballot Propositions Forwarded for Council Review
The following measures have been forwarded to the City Council for review.
Proposal Target Ballot
Safeguard San Diego / Project Labor Ban Repeal November 2022 Independent Counsel for the City Auditor November 2022
Amendments to City Charter Regarding City Employee Hiring and Recruitment Practices
November 2022
Amend San Diego Municipal Code Section 66.0127
Regarding Collection, Transport, and Disposal or Recycling of Refuse
November 2022
Amendment to San Diego Municipal Code 132.0505 Coastal
Height Limit
November 2022
Allow Childcare Use in City Park Space November 2022
The City Council is expected to consider measures for the November 2022, ballot at its meetings in June, July, and August 2022.
Item 352: Arguments Supporting or Opposing Measures.
For measures approved by the Council for submittal to the qualified voters of the City of San Diego at the Municipal General Election to be held on Tuesday, November 8, 2022, the City Clerk has fixed 5:00 p.m. on Friday, August 19, 2022, as a reasonable date prior to such election after which no arguments for or against City Measures may be submitted to the Clerk.
Any argument for or against any City measure shall not exceed 300 words in length and may be filed by the Council, or any member or members of the Council authorized by the Council, or the bona fide sponsors or proponents of the measure, or any bona fide association of citizens or individual voter, or any combination of voters and associations.
All arguments must be accompanied by a statement signed by each author that the argument is true and correct to the best of his/her knowledge and belief. (Forms for this statement are available in the Office of the City Clerk or at http://www.sandiego.gov/cityclerk/forms/pdf/argumentsigform.pdf.) Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, August 2, 2022
San Diego Municipal Code section 27.0512 provides the priority for selection if more than one argument is submitted for, or against, any measure.
An argument shall not be accepted unless accompanied by the name or names of the person or persons submitting it, or if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal officers. No more than five signatures shall appear with any argument submitted. In case any argument is signed by more than five persons, the signatures of the first five shall be printed.
Arguments may be changed or withdrawn by their proponents until and including the date fixed by the City Clerk.
Arguments shall be submitted to the City Clerk at the Office of the City Clerk, City Administration Building, 202 C Street, San Diego, California, 92101. Please call 619-533-4000 for further assistance.
Item 353: Examination of Ballot Materials.
Pursuant to San Diego Municipal Code Section 27.0403, candidate statements, the propositions and related ballot materials for said candidate races and propositions, to be submitted to the voters within the City of San Diego at the election of November 8, 2022, will be available for public examination for ten (10) calendar days commencing on the business day following the deadline for filing those ballot materials in the Office of the City Clerk. During the examination period, any voter registered in the City may seek a writ of mandate or an injunction requiring any or all of the ballot or sample ballot materials be amended or deleted. Please note the following examination periods:
Document Start date End date
Candidate Statements of Qualification
and Designations of Principal Profession
or Occupation August 2, 2022 August 12, 2022
Ordinances calling election and Ordinances
placing measures on the ballot August 12, 2022 August 22,2022 City Attorney’s impartial analysis, ballot
title and summary, and Mayor/IBA/City
Auditor’s fiscal analysis August 16, 2022 August 26, 2022 Ballot arguments August 19, 2022 August 29, 2022
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, August 2, 2022
For additional information regarding this matter, please contact the Office of the City Clerk at (619) 533-4000.
Item S500: Resolution for the City of San Diego Declaring Our Support of Rep. Sara Jacobs’ “My Body, My Data Act” to Protect the Privacy, Data, and Safety of People Seeking Reproductive Healthcare.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-47) ADOPTED AS RESOLUTION R-314292
Resolution declaring support for Rep. Sara Jacobs' "My Body, My Data" Act to protect the privacy, data, and safety of people seeking reproductive health care.
Committee Actions Taken: N/A
Council District 2: Makana Rowan, (619) 236-6622
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item S501: The Mad Hatters Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
APPROVED
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, August 2, 2022
Proclaiming Sunday August 7, 2022, to be, “The Mad Hatters Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:48 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item S502: Bridgette Brashear Day.
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming August 2, 2022, to be, “Bridgette Brashear Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:48 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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item S503: Henretta Shields Day.
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
APPROVED
Proclaiming August 7, 2022, to be, “Henretta Shields Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:48 AM
Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, August 2, 2022
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, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item S504: 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-2023-62) ADOPTED AS RESOLUTION R-314293
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 RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, August 2, 2022
Item S505: Resolution Excusing Councilmember Moreno from City Council and Committee Meetings.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 8.
Proposed Actions:
(R-2023-67) ADOPTED AS RESOLUTION R-314294
Resolution excusing Councilmember Moreno from City Council and Committee Meetings.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 8: Kevin Smith, (619) 236-6688
City Attorney Contact: Jose Garcia Jr.
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item S506: Second Amendment to the Salesforce Software and Services Agreement between the City of San Diego and Carahsoft Technology Corporation.
Total Estimated Cost of Proposed Action and Funding Source:
General and Enterprise Fund departments purchase Salesforce licenses for applications such as Get It Done, which run on the Salesforce platform. License costs are allocated based on department usage. These funds are collected by the Department of Information Technology in Fund 200308. Departments have budgeted for this expense in Fiscal Year 2023. FY 2023 costs are projected to be $574,650.52. This amendment will increase the contract by $5,700,000 for a total not-to-exceed amount of $8,500,000.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, August 2, 2022
Proposed Actions:
(O-2023-22) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. Two to the Salesforce Software and Services Agreement with Carahsoft Technology Corporation, to extend the Agreement term by seven (7) years through November 2, 2029, and increase the not-to-exceed amount by $5,700,000, for the continuation of Salesforce license and subscription services and the expansion of the platform to allow City departments to purchase Salesforce licenses under this Agreement, bringing the Agreement to a total not-to-exceed amount of $8,500,000.
6 votes required pursuant Charter Section 99.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on July 27, 2022.
ACTION: Motion by Committee Member Cate, second by Committee Member Whitburn, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Elo-Rivera-yea, Whitburn-yea, Cate-yea, Campillo-yea, LaCava-not present.
Performance & Analytics: Kirby Brady, (619) 236-5587
City Attorney Contact: Markecia Simmons
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item S507: Exemption of Two Program Coordinator Positions in the Risk Management Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The positions are included in the Fiscal Year 2023 Proposed Budget.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, August 2, 2022
Proposed Actions:
(O-2023-26) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 2022 Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Risk Management Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 7, 2022. These positions will support the new Loss Control Division, formulate Citywide mitigation strategies, develop policies for internal controls, and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT 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: (None);
Recused: (None);
Not Present: Chris Cate.
Item S508: Reappointment to the San Diego County Water Authority Board of Directors.
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-2023-65) ADOPTED AS RESOLUTION R-314295
Resolution confirming the Mayor's reappointment of Jerry Butkiewicz to the San Diego County Water Authority Board of Directors for a term ending July 15, 2028.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, August 2, 2022
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item S509: Appointments and Reappointment to the Accessibility Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2, 4, 6.
Proposed Actions:
(R-2023-63) ADOPTED AS RESOLUTION R-314296
Resolution confirming the Mayor's appointments of Dr. Kasey Markoski for a term ending June 30, 2023, and Victor Roosen for a term ending June 30, 2024, and reappointment of Mary Wolford for a term ending June 20, 2024, to the Accessibility Advisory Board.
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: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, August 2, 2022
Item S510: 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.
Continued from the meeting of August 1, 2022, Item 610, at the request of Councilmember Whitburn for further review.
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) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 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: 5:02 PM
MOTION BY STEPHEN WHITBURN 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: (None);
Recused: (None);
Not Present: Chris Cate.
Minutes of the Council of the City of San Diego Page 46 for the Regular Meeting of Tuesday, August 2, 2022
Item S511: 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).
Continued from the meeting of August 1, 2022, Item 611, at the request of Councilmember Whitburn for further review.
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) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 13, 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: 5:02 PM
MOTION BY STEPHEN WHITBURN 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: (None);
Recused: (None);
Not Present: Chris Cate.
Minutes of the Council of the City of San Diego Page 47 for the Regular Meeting of Tuesday, August 2, 2022
Item S512: 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.
Continued from the meeting of August 1, 2022, Item 612, at the request of Councilmember Whitburn for further review.
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) ADOPTED AS RESOLUTION R-314301
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).
Committee Actions Taken: N/A
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 5:02 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item S513: 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.
Continued from the meeting of August 1, 2022, Item 613, at the request of Councilmember Whitburn for further review.
Minutes of the Council of the City of San Diego Page 48 for the Regular Meeting of Tuesday, August 2, 2022
Total Estimated Cost of Proposed Action and Funding Source:
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) ADOPTED AS RESOLUTION R-314302
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.
Committee Actions Taken: N/A
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 5:02 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item S514: 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.
Continued from the meeting of August 1, 2022, Item 614, at the request of Councilmember Whitburn for further review.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 49 for the Regular Meeting of Tuesday, August 2, 2022
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.
Proposed Actions:
(R-2023-59) ADOPTED AS RESOLUTION R-314303
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.
Committee Actions Taken: N/A
Public Utilities: Drew Kleis, (619) 527-7434
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 5:02 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
Item S515: 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.
Continued from the meeting of August 1, 2022, Item 615, at the request of Councilmember Whitburn for further review.
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.
Minutes of the Council of the City of San Diego Page 50 for the Regular Meeting of Tuesday, August 2, 2022
Proposed Actions:
(R-2023-58) ADOPTED AS RESOLUTION R-314304
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 and raw materials in an additional amount not-to-exceed $13,469,900, in connection with the purchase of ferric chloride.
Committee Actions Taken: N/A
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 5:02 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Chris Cate.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:17 p.m.
COUNCIL ACTION: Start Time: 5:17 PM