Minutes — San Diego City Council, September 13, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, SEPTEMBER 13, 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 .........................................................................................9

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................13 SPECIAL ORDERS OF BUSINESS .........................................................................................13 APPROVAL OF COUNCIL MINUTES ......................................................................................13 Item 30: Childhood Cancer Awareness Month .....................................................................14 Item 31: Joshua Carlson Day .............................................................................................14 Item 32: Classics 4 Kids Day..............................................................................................15 Item 33: Crest Cafe Day....................................................................................................15 Item 34: National Dog Service Month .................................................................................16 Item 50: Award a Consultant Agreement, Contract # H2125936, to Stantec Consulting Services Inc. to Provide Professional Design Services for the Replacement of the Rancho Bernardo Industrial (RBI) Pump Station Project ..................................................................................16 Item 51: Request to Exempt One (1) Program Manager Position in the Department of General Services, Fleet Operations Division from Classified Service ....................................................17 Minutes of Tuesday, September 13, 2022 Page 2
Table of Contents (Continued)
Item 52: First Amendment to As-Needed Contract H176852 with Kitchell CEM for Construction Management Services ........................................................................................................18 Item 53: First Amendment to As-Needed Agreement with Raftelis Financial Consultants, Inc. for Various Water, Wastewater and Recycled Water Services Including Cost of Service Studies (10084319-17-H) ...............................................................................................................20 Item 54: Contractor Transparency Amendment to the Municipal Code ..................................21 Item 55: 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...................................................................22 Item 56: 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..........23 Item 57: Peregrine Energy Storage Facility Project No. 680811 ............................................25 Item 58: Exemption of One Program Coordinator Position in the Office of Child and Youth Success From the Classified Service.....................................................................................26 Item 59: Third Amendment to Vendor Agreement No. 4500023939 Between the City of San Diego and Ventiv Technology Inc ........................................................................................27 Item 60: Extension of the Lexis Nexis Contract and Approval of Amendment No. 3................28 Item 61: First Amendment to the Consulting Agreement With Miki Iwasaki for the Children's Park Public Art Project (H176928) .......................................................................................30 Item 62: First Amendment to the Consulting Agreement with Janelle Iglesias for the Pacific Highlands Ranch Branch Library Public Art Project (H187020) ...............................................31 Item 63: Climate Action Plan Update Package Municipal Code, Land Development Manual, and Local Coastal Program Amendments (CAP Consistency Regulations) ......................................32 Item 64: Second Amendment to the Salesforce Software and Services Agreement Between the City of San Diego and Carahsoft Technology Corporation......................................................33 Item 65: Exemption of Two Program Coordinator Positions in the Risk Management Department from the Classified Service ...............................................................................35 Item 66: 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.......................................................................................................................36 Minutes of Tuesday, September 13, 2022 Page 3
Table of Contents (Continued)
Item 67: 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™)........................................................................................................37 Item 68: Development Agreement for Bosa Development California II, Inc. Site at the Northeast Corner of Pacific Highway and Broadway..............................................................38 Item 69: Exemption of One Program Manager Position in the Office of the City Attorney From the Classified Service..........................................................................................................39 Item 70: San Diego Municipal Code Updates to Elections Code Specific to Publishing Requirements for Initiative and Recall Petitions; Updates to the City Clerk Administrative Guidelines .........................................................................................................................40 Item 71: Time Extension of Construction Contract (K-17-1456-DBB-3) Pump Station 2 Power Reliability & Surge Protection Project with Steve P. Rados, Inc ..............................................41 Item 72: California Natural Resources Agency Grant for Normal Street Promenade ................43 Item 73: Amendment to the Municipal Code to Declare Unsecure Structures a Public Nuisance and Authorize Fire-Rescue and Police Department to Abate Unsecure Structures Under Certain Conditions .........................................................................................................................44 Item 100: Resolution in Support of the Afghanistan Adjustment Act. (H.R. 8685 and S. 4787)45 Item 101: Award Contract to Southwest Pipeline & Trenchless Corporation for As-Needed Cured-in-Place Pipe (CIPP) Lining - (RFP 10089822-22-J)......................................................46 Item 102: Award Contract to ADS Corp. for Wastewater Flow Monitoring Equipment, Software and Services - (RFP 10089830-22-J)....................................................................................47 Item 103: Acceptance of Donation and Agreement with Casa Familiar for the Beyer Park Development Capital Improvements Project.........................................................................49 Item 104: First Amendment to Non-Profit Lease Agreement with Chicano Park Museum and Cultural Center ..................................................................................................................50 Item 105: Mid-City Communities Smart Growth Areas Study Grant Agreement ......................51 Item 106: Ten (10) Year Public Service Lease Agreement with Neighborhood House Association, Inc .................................................................................................................52 Item 107: Accept a Grant Award of $5,000,000 of Outdoor Recreation Legacy Partnership Program Grant Funds for Beyer Neighborhood Park Development..........................................53 Minutes of Tuesday, September 13, 2022 Page 4
Table of Contents (Continued)
Item 108: SANDAG Transnet Environmental Mitigation Program, Grant Program Resolution Approval............................................................................................................................54 Item 109: Grant Agreement with the California Governor’s Office of Emergency Services, Victim Services Branch, for the Purpose of Providing Statewide Trainings on Obtaining Gun Violence Restraining Orders .............................................................................................................55 Item 110: Appointment to the Airports Advisory Committee .................................................56 Item 111: Appointment to the Community Forestry Advisory Board ......................................57 Item 112: Appointments and Reappointments to the Citizens Equal Opportunity Commission .57 Item 113: Appointments and Reappointments to the Small Business Advisory Board..............58 Item 114: Amendments to the 2022 Legislative Calendar.....................................................59 Item 115: Declaring A Continued State of Local Emergency Regarding COVID-19 Virus ............. ........................................................................................................................................60 Item 330: Proposed Amendments to Council Policy 600-09: Community Planners Committee, and Council Policy 600-24: Standard Operating Procedures and Responsibilities of Recognized Community Planning Groups; and the San Diego Municipal Code Related to Community Planning Groups..............................................................................................................................61 Item S500: Pedal Ahead Third Anniversary Day...................................................................63 Item S501: San Diego River Park Foundation’s 21st Anniversary Day....................................64 Item S502: 38th Annual Coastal Cleanup Day .....................................................................64 Item S503: Hispanic Heritage Month ..................................................................................65 Item S504: Free to Thrive Day...........................................................................................65 Item S505: Willie Wallace Day ...........................................................................................66 Item S506: Authorize Necessary Actions to Accept, Appropriate, and Expend $20,956,979 of HOME American Rescue Plan (HOME-ARP) Funds Allocated to the City by the U.S. Department of Housing and Urban Development (HUD), Including Approval of the HOME-ARP Allocation Plan for Submittal to HUD and Other Associated Actions ..............................................................66 Item S507: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.........................................................................68 Item S508: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953 ........................................................68 Minutes of Tuesday, September 13, 2022 Page 5
Table of Contents (Continued)
Item S509: Bethel Baptist 100th Anniversary Day................................................................69 Item S510: Notice of Availability for Midway Site – Recommendation for Selection of Midway Rising and Authorization to Negotiate and Enter into an Exclusive Negotiating Agreement with Midway Rising....................................................................................................................70 REPORT OUT FROM CLOSED SESSION................................................................................71 ADJOURNMENT .................................................................................................................73 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, September 13, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. Councilmember Cate left the meeting at 11:28 a.m. Councilmember Cate returned to the meeting at 11:40 a.m. The meeting was recessed by Council President Elo-Rivera at 12:15 p.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with Councilmember von Wilpert, Councilmember Campillo, and Councilmember Moreno not present.

Councilmember von Wilpert arrived to the meeting at 2:01 p.m. Councilmember Campillo arrived to the meeting at 2:02 p.m. Council President Elo-Rivera recessed the meeting at 5:26 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 5:33 p.m. with Councilmember Moreno not present. Councilmember Campbell left the meeting at 6:14 p.m. Councilmember von Wilpert left the meeting at 7:41 p.m. Councilmember Cate left the meeting at 7:45 p.m. The meeting was adjourned by Council President Elo-Rivera at 8:02 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-9 Council President Sean Elo-Rivera
ABSENT
CD-8 Councilmember Vivian Moreno

CITY CLERK
Maland (mrh)

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, September 13, 2022
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present

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

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

CS-1 Congregation Beth El of La Jolla v. City of San Diego San Diego Superior Court Case No. 37-2020-00045897-CU-PO-CTL Risk Management Department Claim File No. 24768
REFERRED TO CLOSED SESSION OF TUESDAY, SEPTEMBER 13, 2022 DCA Assigned: D. Nicholas
This case arises from litigation in which Plaintiff alleges that the City of San Diego’s stormwater system damaged its parking lot and driveway. 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: 11:47 AM
Public testimony by Lori Saldaña.

Council President Elo-Rivera closed the hearing.

CS-2 Tina Patterson v. City of San Diego, et al.

San Diego Superior Court Case No. 37-2018-00037189-CU-OE-CTL Risk Management Department Claim File No. 18128
REFERRED TO CLOSED SESSION OF TUESDAY, SEPTEMBER 13, 2022 DCA Assigned: P.H. James
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, September 13, 2022
This is an employment case in which Plaintiff, Tina Patterson, alleges violations of the California Fair Employment and Housing Act. 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: 11:47 AM
Council President Elo-Rivera closed the hearing.

CS-3 Gloria Richley v. City of San Diego
San Diego Superior Court Case No. 37-2019-00045689-CU-PO-CTL Risk Management Department Claim File No. 22660
REFERRED TO CLOSED SESSION OF TUESDAY, SEPTEMBER 13, 2022 DCA Assigned: N.A. Morales
This case arises from an alleged trip and fall accident that occurred on March 14, 2019, in front of the home located 3493 Larga Circle, 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: 11:47 AM
Council President Elo-Rivera closed the hearing.

CS-4 United States et al. v. State of Texas and State of Louisiana United States Supreme Court Docket No. 22-58
REFERRED TO CLOSED SESSION OF TUESDAY, SEPTEMBER 13, 2022 DCA Assigned: B. Syz
In September 2021, the states of Texas and Louisiana filed a lawsuit challenging Updated Guidelines for the Enforcement of Civil Immigration Law issued by the Office of Homeland Security. The United States District Court for the Southern District of Texas invalidated the guidelines, which was affirmed by the U.S. Court of Appeals for the 5th Circuit. The United States Supreme Court will hear the case in December 2022. The City Attorney will advise the Mayor and City Council on possible participation as amicus curiae in support of the federal government.

COUNCIL ACTION: Start Time: 11:47 AM
Council President Elo-Rivera closed the hearing.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, September 13, 2022

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Craig S. Gresbrink commented on San Diego Russian Sister City.

COUNCIL ACTION: Start Time: 11:51 AM
PUBLIC COMMENT-2:

Jose Aguilera commented on sound barrier wall.

COUNCIL ACTION: Start Time: 11:52 AM
PUBLIC COMMENT-3:

Carleton Overstreet Jr. commented on Save Starlight.

COUNCIL ACTION: Start Time: 11:54 AM
PUBLIC COMMENT-4:

Angelique Ghadishah commented on Save Starlight.

COUNCIL ACTION: Start Time: 11:55 AM
PUBLIC COMMENT-5:

Stee Stoppe commented on Save Starlight.

COUNCIL ACTION: Start Time: 11:57 AM
PUBLIC COMMENT-6:

Domanic Glenn commented on Save Starlight.

COUNCIL ACTION: Start Time: 11:58 AM
PUBLIC COMMENT-7:

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, September 13, 2022
Stan Canaris commented on Save Starlight.

COUNCIL ACTION: Start Time: 11:58 AM
PUBLIC COMMENT-8:

Philip Daniloff commented on Save Starlight.

COUNCIL ACTION: Start Time: 12:02 PM
PUBLIC COMMENT-9:

Dan Woodward commented on Save Starlight.

COUNCIL ACTION: Start Time: 12:03 PM
PUBLIC COMMENT-10:

Tom Courtney commented on Save Starlight.

COUNCIL ACTION: Start Time: 12:04 PM
PUBLIC COMMENT-11:

Fuji Shioura commented on RollerSkateParks.com.

COUNCIL ACTION: Start Time: 12:06 PM
PUBLIC COMMENT-12:

Alejandra Lawrence commented on roller skating.

COUNCIL ACTION: Start Time: 12:09 PM
PUBLIC COMMENT-13:

La’Brian Lawrence commented on roller skating.

COUNCIL ACTION: Start Time: 12:10 PM
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, September 13, 2022
PUBLIC COMMENT-14:

Shannon Wilson commented on skate.

COUNCIL ACTION: Start Time: 12:11 PM
PUBLIC COMMENT-15 (virtual):

Lori Saldaña commented on sexual assault at San Diego State University.

COUNCIL ACTION: Start Time: 12:13 PM
PUBLIC COMMENT-16 (virtual):

Blair Beekman commented on income ideas and drugs downtown.

COUNCIL ACTION: Start Time: 7:50 PM
PUBLIC COMMENT-17 (virtual):

Francine Maxwell commented on audits.

COUNCIL ACTION: Start Time: 7:53 PM
PUBLIC COMMENT-18 (virtual):

Diane Grace commented on the unsheltered population.

COUNCIL ACTION: Start Time: 7:55 PM
PUBLIC COMMENT-19 (virtual):

Peggy Walker commented on marijuana.

COUNCIL ACTION: Start Time: 7:57 PM
PUBLIC COMMENT-20 (virtual):

Joy Sunyata commented on six thanks.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, September 13, 2022
COUNCIL ACTION: Start Time: 7:59 PM

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

Councilmember LaCava commented on his previous statements related to the San Diego Housing Commission Commissioners, as reported in the Voice of San Diego and withdrew his comments.

COUNCIL ACTION: Start Time: 8:00 PM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
7/11/2022
7/12/2022
7/18/2022
7/19/2022
7/25/2022 Adjourned
7/25/2022 Special
7/26/2022
8/1/2022 Special
8/2/2022
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, September 13, 2022
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 30: Childhood Cancer Awareness Month.

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

APPROVED
Proclaiming September 2022 to be, “Childhood Cancer Awareness Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 7:45 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

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

Item 31: Joshua Carlson Day.

MAYOR GLORIA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming September 13, 2022 to be, “Joshua Carlson Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:33 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, September 13, 2022
Item 32: Classics 4 Kids Day.

COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Proclaiming October 2, 2022 to be, “Classics 4 Kids Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 7:45 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item 33: Crest Cafe Day.

COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Proclaiming September 27, 2022 to be, “Crest Cafe Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:33 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 34: National Dog Service Month.

COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, September 13, 2022
Proclaiming September 2022 to be, "National Service Dog Month" in the City of San Diego.

COUNCIL ACTION: Start Time: 7:45 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item 50: Award a Consultant Agreement, Contract # H2125936, to Stantec Consulting Services Inc. to Provide Professional Design Services for the Replacement of the Rancho Bernardo Industrial (RBI) Pump Station Project.

Total Estimated Cost of Proposed Action and Funding Source:

The total estimated cost for this action is $2,251,320.00, Funding source: Water Utility CIP.

Council District(s) Affected: 5.

Proposed Actions:
(O-2023-27) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a seven-year agreement with Stantec Consulting Services Inc. for design and construction support services in CIP S-21004, Rancho Bernardo Industrial Pump Station Replacement, in an amount not-toexceed $2,251,320, and related actions. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on July 20, 2022.

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

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

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, September 13, 2022
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Chris Cate.

Passed by the following vote:

Item 51: Request to Exempt One (1) Program Manager Position in the Department of General Services, Fleet Operations Division from Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

This position is budgeted in the Fleet Operation Operating fund. Expenses will be split 50% Fleet Operations and 50% Sustainability and Mobility.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-30) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City's General Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on March 3, 2022. This Program Manager position will be responsible for overseeing the implementation of the new Zero Emission Vehicles and Electric Charging infrastructure programs. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Department of General Services: Donny Nguyen, (619) 527-7594 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Chris Cate.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, September 13, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 52: First Amendment to As-Needed Contract H176852 with Kitchell CEM for Construction Management Services.

Total Estimated Cost of Proposed Action and Funding Source:

This item requests authorization to execute a First Amendment to the Agreement with Kitchell CEM to increase the not-to-exceed compensation amount by $3,000,000, and extend the contract term by 2 years.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-36) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Introduction of an Ordinance approving a First Amendment to Agreement with Kitchell CEM for construction management services associated with execution of the Municipal Energy Strategy. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on July 21, 2022.

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

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

Sustainability and Mobility: Lindsey Hawes, (805) 705-4732 City Attorney Contact: Frederick Ortlieb
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Chris Cate.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, September 13, 2022
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 53: First Amendment to As-Needed Agreement with Raftelis Financial Consultants, Inc. for Various Water, Wastewater and Recycled Water Services Including Cost of Service Studies (10084319-17-H).

Total Estimated Cost of Proposed Action and Funding Source:

This amendment will increase the value by $150,000 for a not-to-exceed amount of $1,131,382.00, over the full term of the agreement. Funds will be allocated on an as-needed basis from the Water and Sewer funds.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2022-145) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into the First Amendment to the As-Needed Agreement with Raftelis Financial Consultants in an amount notto-exceed $150,000, increasing the total amount of the Agreement to $1,131,382.00 and extending the term by one year, to July 24, 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 Committee Member Montgomery Steppe, second by Vice Chair Elo-Rivera, to recommend Council approval of staff's proposed actions.

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

Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Chris Cate.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, September 13, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 54: 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:

Adopt the following Ordinance which was introduced on 8/1/2022, Item 600 (Council voted 8-1, Councilmember Cate-nay):

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) ADOPTED AS ORDINANCE O-21519 (New Series)
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: 10:06 AM
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, September 13, 2022
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate. (Councilmember Cate seconded the Consent Agenda but voted nay on Item 54.)
Passed by the following vote:

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

Item 55: 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:

Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 8/1/2022, Item 601 (Council voted 9-0) (O-2023-18 Rev.) ADOPTED AS ORDINANCE O-21520 (New Series) 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.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, September 13, 2022
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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Item 56: 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.

Proposed Actions:

Adopt the following Ordinance which was introduced on 8/1/2022, Item 604, Subitem C (Council voted 8-1, Councilmember Cate-nay):
(O-2023-6) ADOPTED AS ORDINANCE O-21521 (New Series)
Ordinance amending Chapter 9, Article 8, Division 6 of the San Diego Municipal Code by amending Section 98.0610 relating to Housing Impact Fees; and Chapter 14, Article 2, Division 6 of the San Diego Municipal Code by amending Section 142.0640 relating to Development Impact Fees.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, September 13, 2022
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.

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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate. (Councilmember Cate seconded the Consent Agenda but voted nay on Item 56.)
Passed by the following vote:

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

Item 57: Peregrine Energy Storage Facility Project No. 680811.

Total Estimated Cost of Proposed Action and Funding Source:

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:

Adopt the following Ordinance which was introduced on 8/1/2022, Item 606 (Council voted 9-0):

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 Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, September 13, 2022
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 Cor. Copy) ADOPTED AS ORDINANCE O-21522 (New Series) 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Item 58: 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:

Adopt the following Ordinance which was introduced on 8/2/2022, Item 51 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-16) ADOPTED AS ORDINANCE O-21523 (New Series)
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, September 13, 2022
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 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Item 59: 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 $5,000.00 per license with an annual fee of $1,125.00 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:

Adopt the following Ordinance which was introduced on 8/2/2022, Item 52 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-15) ADOPTED AS ORDINANCE O-21524 (New Series)
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, September 13, 2022
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:

This item was heard at the Budget & 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Item 60: 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:

Adopt the following Ordinance which was introduced on 8/2/2022, Item 53 (Council voted 8-0, Councilmember Cate-not present):

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, September 13, 2022
(O-2023-2 COR. COPY) ADOPTED AS ORDINANCE O-21525 (New Series) 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.

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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Item 61: 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:

Adopt the following Ordinance which was introduced on 8/2/2022, Item 54 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-7) ADOPTED AS ORDINANCE O-21526 (New Series)
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, September 13, 2022
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 & 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.

Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Jon D. Dwyer
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Item 62: 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:

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, September 13, 2022
Adopt the following Ordinance which was introduced on 8/2/2022, Item 55 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-8) ADOPTED AS ORDINANCE O-21527 (New Series)
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 & 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.

Passed by the following vote:

Item 63: Climate Action Plan Update Package Municipal Code, Land Development Manual, and Local Coastal Program Amendments (CAP Consistency Regulations).

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.

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, September 13, 2022
Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 8/2/2022, Item 331, Subitem C (Council voted 8-0, Councilmember Cate-not present):
(O-2023-4) ADOPTED AS ORDINANCE O-21528 (New Series)
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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate. (Councilmember Cate seconded the Consent Agenda but voted nay on Item 63.)
Passed by the following vote:

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

Item 64: 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:

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, September 13, 2022
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.

Proposed Actions:

Adopt the following Ordinance which was introduced on 8/2/2022, Item S506 (Council voted 8- 0, Councilmember Cate-not present):
(O-2023-22) ADOPTED AS ORDINANCE O-21529 (New Series)
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-toexceed 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 to 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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, September 13, 2022
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 65: 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.

Proposed Actions:

Adopt the following Ordinance which was introduced on 8/2/2022, Item S507 (Council voted 8- 0, Councilmember Cate-not present):
(O-2023-26) ADOPTED AS ORDINANCE O-21530 (New Series)
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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, September 13, 2022
Item 66: 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:

Adopt the following Ordinance which was introduced on 8/2/2022, Item S510 (Council voted 8- 0, Councilmember Cate-not present):
(O-2023-24) ADOPTED AS ORDINANCE O-21531 (New Series)
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-to-exceed $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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Item 67: 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 Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, September 13, 2022
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:

Adopt the following Ordinance which was introduced on 8/2/2022, Item S511 (Council voted 8- 0, Councilmember Cate-not present):
(O-2023-23) ADOPTED AS ORDINANCE O-21532 (New Series)
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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, September 13, 2022
Item 68: Development Agreement for Bosa Development California II, Inc. Site at the Northeast Corner of Pacific Highway and Broadway.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following Ordinance which was introduced on 7/26/2022, Item 333 (Council voted 8- 1, Councilmember Moreno-nay):

Process 5 Development Agreement for the approximately 60,000 square foot site at the northeast corner of Pacific Highway and Broadway (APN 533-471-09-00) owned by Bosa Development California II, Inc. ("Bosa"). A previous Development Agreement approved in 2012 and amended in 2016 outlined special development regulations applicable to three properties owned by Bosa, including the subject property; however, while the other properties have been developed, the subject property remains undeveloped. The proposed action will rescind the 2012 Development Agreement and allow a new Development Agreement that retains the essential provisions of the 2012 Development Agreement for the undeveloped subject property only, while establishing a new expiration date.
(O-2023-5) ADOPTED AS ORDINANCE O-21533 (New Series)
Ordinance approving a Development Agreement between the City of San Diego and Bosa Development California II, Inc.

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

Committee Actions Taken: N/A
Development Services: James Alexander, (619) 446-5188
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, September 13, 2022
Item 69: 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.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 8/2/2022, Item 50 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-12) ADOPTED AS ORDINANCE O-21534 (New Series)
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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Chris Cate.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, September 13, 2022
Item 70: San Diego Municipal Code Updates to Elections Code Specific to Publishing Requirements for Initiative and Recall Petitions; Updates to the City Clerk Administrative Guidelines.

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

Proposed Actions:

Subitem-A: (O-2023-25) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Ordinance amending Chapter 2, Article 7, Division 10 of the San Diego Municipal Code by amending Section 27.1002, and amending Chapter 2, Article 7, Division 27 of the San Diego Municipal Code by amending Sections 27.2706, 27.2707, and 27.2709, relating to the publication requirements for initiative and recall petitions and updating the language.

Subitem-B: (R-2023-71) ADOPTED AS RESOLUTION R-314313
Resolution amending the City of San Diego City Clerk Administrative Guidelines.

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.

Office of the City Clerk: Elizabeth Maland, (619) 533-4081 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE THE ORDINANCE IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Chris Cate.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, September 13, 2022
Item 71: Time Extension of Construction Contract (K-17-1456-DBB-3) Pump Station 2 Power Reliability & Surge Protection Project with Steve P. Rados, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

This is for a time extension only; there are no additional costs associated with this action.

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2023-95) ADOPTED AS RESOLUTION R-314314
Resolution determining that the time extension of construction contract K-17-1456-DBB-3 for the Pump Station 2 Power Reliability & Surge Protection Project with Steve P. Rados, Inc. is categorically exempt from the California Environmental Quality Act, pursuant to state CEQA Guidelines Section 15301(b) and section 15303.

Subitem-B: (O-2023-32) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Ordinance authorizing the obligations of construction contract K-17-1456-DBB-3 for the Pump Station 2 Power Reliability & Surge Protection Project with Steve P. Rados, Inc. to extend beyond five years.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on July 20, 2022.

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

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

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Chris Cate.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, September 13, 2022
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 72: California Natural Resources Agency Grant for Normal Street Promenade.

Total Estimated Cost of Proposed Action and Funding Source:

This action is for acceptance of grant funding. The $1,200,000 in grant funds received will support pedestrian, public space, and storm water facility improvements to the Normal Street Promenade.

Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2023-96) ADOPTED AS RESOLUTION R-314315
Resolution determining that the approval to apply for, accept, appropriate, and expend grant funding in an amount not-to-exceed $1.2 million from the California Natural Resources Agency for the Normal Street Promenade is categorically exempt from the California Environmental Quality Act under CEQA Guidelines section 15301(c).

Subitem-B: (O-2023-34) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Ordinance authorizing the Mayor, or his designee, to apply for, accept, appropriate, and expend grant funding in an amount not-to-exceed $1.2 million from the California Natural Resources Agency for improvements to the Normal Street Promenade, contingent upon receipt of a fully executed Grant Agreement if the grant funding is secured. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Chris Cate.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, September 13, 2022
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 73: Amendment to the Municipal Code to Declare Unsecure Structures a Public Nuisance and Authorize Fire-Rescue and Police Department to Abate Unsecure Structures Under Certain Conditions.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-90) ADOPTED AS RESOLUTION R-314316
Resolution determining that approval of an Ordinance amending the San Diego Municipal Code to authorize summary abatement of unsecured structures is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to section 15269(c) of the CEQA Guidelines; and categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301; and that an exception to the exemption as set forth in CEQA Guidelines section 15300.2 does not apply.

Subitem-B: (O-2023-29) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Ordinance amending Chapter 1, Article 2, Division 5 of the San Diego Municipal Code by amending sections 12.0501, 12.0502, 12.0503; amending Chapter 3, Article 3, Division 37 by amending sections 33.3702 and 33.3708; and amending Chapter 5, Article 4 by adding Division 12, relating to summary abatement of unsecured structures.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on July 20, 2022.

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

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

Police: Kevin Wadhams, (619) 531-2330
City Attorney Contact: Michelle Garland
Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, September 13, 2022
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Chris Cate.

Passed by the following vote:

Item 100: Resolution in Support of the Afghanistan Adjustment Act. (H.R. 8685 and S. 4787).

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

Proposed Actions:
(R-2023-104) ADOPTED AS RESOLUTION R-314317
Resolution supporting United States House of Representatives Bill 8685 and United States Senate Bill 4787, the Afghan Adjustment Act.

Committee Actions Taken: N/A
Council District 7: Justine Murray, (619) 236-6677
City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 11:18 AM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

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

Item 101: Award Contract to Southwest Pipeline & Trenchless Corporation for As-Needed Cured-in-Place Pipe (CIPP) Lining - (RFP 10089822-22-J).

Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, September 13, 2022
Total Estimated Cost of Proposed Action and Funding Source:

The total cost of retaining Southwest Pipeline & Trenchless Corporation for As-Needed Cured-inPlace Pipe (CIPP) Lining over a five-year term shall not exceed $3,791,250, payable from the Muni Sewer Revenue fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-55) ADOPTED AS RESOLUTION R-314318
Resolution of the City Council determining that approval of the As-Needed Agreement with Southwest Pipeline and Trenchless Corp. is categorically exempt from CEQA under CEQA Guidelines sections 15301(b) (Existing Facilities) and 15302(c) (Reconstruction).

Subitem-B: (R-2023-56) ADOPTED AS RESOLUTION R-314319
Resolution authorizing the Mayor, or his designee, to enter into the As-Needed Agreement with Southwest Pipeline and Trenchless Corp., in an amount not-to-exceed $3,791,250 to provide Cured-in-Place pipelines for the City for five years.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on July 21, 2022.

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

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

Public Utilities: Margaret Llagas, (858) 654-4494
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, September 13, 2022
Item 102: Award Contract to ADS Corp. for Wastewater Flow Monitoring Equipment, Software and Services - (RFP 10089830-22-J).

Total Estimated Cost of Proposed Action and Funding Source:

The cost of this agreement is not-to-exceed $9,041,042 for a term of five (5) years. The agreement will be funded by the Muni Sewer Revenue Fund and the Metro Sewer Utility Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-92) ADOPTED AS RESOLUTION R-314320
Resolution of the City Council determining that approval of the Five-Year Agreement with ADS Corporation for Wastewater Flow Monitoring Equipment, Software and Services (RFP 10089830- 22-J) is categorically exempt from CEQA under CEQA Guidelines sections 15301 (Existing Facilities) and 15306 (Information Collection).

Subitem-B: (R-2023-91) ADOPTED AS RESOLUTION R-314321
Resolution authorizing the Mayor, or his designee, to sign the Agreement with ADS Corporation, in an amount not-to-exceed $9,041,042 over five years, to provide Wastewater Flow Monitoring Equipment, Software and Services (RFP 10089830-22-J).

Committee Actions Taken:

This item was heard at the Environment Committee meeting on July 21, 2022.

ACTION: Motion by Committee Member Campillo, seconded by Committee Member Campbell, to recommend Council approval of staff's proposed actions.

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

Public Utilities: Surraya Rashid, (858) 654-4112
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, September 13, 2022
Not Present: Vivian Moreno.

Item 103: Acceptance of Donation and Agreement with Casa Familiar for the Beyer Park Development Capital Improvements Project.

Total Estimated Cost of Proposed Action and Funding Source:
$387,600 donation from Casa Familiar for S00752 Beyer Park Development.

Council District(s) Affected: 8.

Proposed Actions:
(R-2023-64) ADOPTED AS RESOLUTION R-314322
Resolution accepting a donation of $387,600 from Casa Familiar for the purpose of paying for upgrades added to the Phase 1 scope of work for the Beyer Park Development Project, and related actions.

Authorizing the Chief Financial Officer to increase the CIP S00752 Budget, and to accept, appropriate and expend an amount not-to-exceed $387,600, for the purpose of paying for upgrades added to the Phase 1 scope of work for the Beyer Park Development Project, contingent upon receipt of the donation.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on July 20, 2022.

ACTION: Motion by Committee Member Campbell, second by Chair von Wilpert, to recommend Council approval of staff’s proposed actions.

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

Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, September 13, 2022
Recused: (None);
Not Present: Vivian Moreno.

Item 104: First Amendment to Non-Profit Lease Agreement with Chicano Park Museum and Cultural Center.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this item.

Council District(s) Affected: 8.

Proposed Actions:

Subitem-A: (R-2023-108) ADOPTED AS RESOLUTION R-314323
Resolution determining that approval of the first amendment to the non-profit lease with Chicano Park Museum and Cultural Center is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.

Subitem-B: (R-2023-107) ADOPTED AS RESOLUTION R-314324
Resolution authorizing the Mayor, or his designee, to execute the first amendment to the nonprofit lease with Chicano Park Museum and Cultural Center for the lease of City-owned property located at 1960 National Avenue, San Diego, California 92113.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on August 3, 2022.

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

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

Department of Real Estate and Airport Management: Nicole McGinnis, (619) 236-6987 City Attorney Contact: Marco A. Verdugo
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, September 13, 2022
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 105: Mid-City Communities Smart Growth Areas Study Grant Agreement.

Total Estimated Cost of Proposed Action and Funding Source:

This action will allow the City of San Diego to accept, appropriate, and expend grant funds in the amount of $500,000. This grant will require a direct cash match in the amount of $100,000 from the General Plan Maintenance Fund, and approximately 40 percent of in-kind match requirement in the amount of $240,000 from the Planning Department’s annual General Fund personnel expense budget for a total combined grant match of $340,000 beginning in Fiscal Year 2023.

Council District(s) Affected: 3, 4, 9.

Proposed Actions:
(R-2023-93) ADOPTED AS RESOLUTION R-314325
Resolution authorizing the acceptance, appropriation, and expenditure of San Diego Association of Governments TransNet Smart Growth Incentive Program Grant Funds for the Mid-City Communities Smart Growth Areas Study.

Committee Actions Taken: N/A
Planning: Jeffrey Ryan, (619) 236-6531
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Item 106: Ten (10) Year Public Service Lease Agreement with Neighborhood House Association, Inc.

Minutes of the Council of the City of San Diego Page 46 for the Regular Meeting of Tuesday, September 13, 2022
Total Estimated Cost of Proposed Action and Funding Source:

Please refer to the Fiscal Considerations section of the Staff Report.

Council District(s) Affected: 9.

Proposed Actions:
(R-2023-81) RETURNED TO STAFF
Resolution authorizing execution of a non-profit lease with Neighborhood House Association, Inc. for the lease of City-owned property located at 3795-B Fairmount Avenue, San Diego, California 92105, and related actions.

Committee Actions Taken:

The item was heard at the Land Use and Housing Committee meeting on August 3, 2022.

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

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

Department of Real Estate and Airport Management: Nicole McGinnis, (619) 236-6987 City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:06 AM
Item 107: Accept a Grant Award of $5,000,000 of Outdoor Recreation Legacy Partnership Program Grant Funds for Beyer Neighborhood Park Development.

Total Estimated Cost of Proposed Action and Funding Source:
$5,000,000 in State Grant funds from the National Park Service will be added to the new project Beyer Park Development Phase II. Additionally, $1,500,000 of Debt Funded General Fund CIP funds will be transferred to this project from S15031 Egger/South Bay Comm Pk ADA Improvements.

Council District(s) Affected: 8.

Proposed Actions:
(R-2023-80) ADOPTED AS RESOLUTION R-314326
Minutes of the Council of the City of San Diego Page 47 for the Regular Meeting of Tuesday, September 13, 2022
Resolution authorizing the Mayor, or his designee, to make applications to the Land and Water Conservation Fund State and Local Assistance Program and Outdoor Recreation Legacy Partnership Program and take all necessary actions to secure funding in an amount not-toexceed $5,000,000 in Fund 600000 Grant Fund – Federal, for the development of the Beyer Community Park project, and related actions.

Authorizing the Chief Financial Officer to increase Capital Improvements Program Budget S23008, and to accept, appropriate and expend an amount not-to-exceed $5,000,000, for the development of the Beyer Community Park project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured, and related actions.

Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Item 108: SANDAG Transnet Environmental Mitigation Program, Grant Program Resolution Approval.

Total Estimated Cost of Proposed Action and Funding Source:

No direct cost to city funds. Approval of this resolution will allow the city to receive $496,085.00 in grant funds to restore and protect sensitive species and habitats in the Otay Mesa/Dennery Canyon Open Space Preserves. This project will only include in-kind match utilizing city staff time conducting work already an approved part of natural resource management. City Staff in-kind services not-to-exceed $50,826, over the three year grant period.

Council District(s) Affected: 8.

Proposed Actions:
(R-2023-78) ADOPTED AS RESOLUTION R-314327
Minutes of the Council of the City of San Diego Page 48 for the Regular Meeting of Tuesday, September 13, 2022
Resolution authorizing the Mayor, or his designee, to make an application to the San Diego Association of Government’s EMP Regional Habitat Conservation fund (Grant) and take all necessary actions to secure funding in an amount not-to-exceed $80,000, for vernal pool restoration in Goat Mesa and Wruck Canyon, $80,000 for controlling the spread of an invasive plant known as stinknet in the Otay Mesa area, and $336,085 for rare plant focused habitat restoration in Dennery Canyon, which also requires the City of San Diego to commit to providing matching funds and/or in-kind contributions in an amount not-to-exceed $50,826, over three years (Projects).

Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not to exceed $496,085 in Grant Program funding for the Project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and for all related actions.

Committee Actions Taken: N/A
Parks & Recreation: Mark A. Berninger, (619) 685-1314
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Item 109: Grant Agreement with the California Governor’s Office of Emergency Services, Victim Services Branch, for the Purpose of Providing Statewide Trainings on Obtaining Gun Violence Restraining Orders.

Total Estimated Cost of Proposed Action and Funding Source:

No cost. The total revenue applied for in this grant is $1,000,000.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-70) ADOPTED AS RESOLUTION R-314328
Resolution to accept, appropriate, and expend a $1,000,000 grant from the California Office of Emergency Services, Victim Services Branch, on behalf of the Office of the City Attorney, and Minutes of the Council of the City of San Diego Page 49 for the Regular Meeting of Tuesday, September 13, 2022
authorize the Assistant City Attorney to execute the grant agreement, including any amendments, extensions, or renewals that may become necessary.

Committee Actions Taken: N/A
Office of the City Attorney: Ann Marie Council, (619) 533-6205 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Item 110: Appointment to the Airports Advisory Committee.

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-2023-76) ADOPTED AS RESOLUTION R-314329
Resolution confirming the Mayor's appointment of Richard Ram to the Airport Advisory Committee for a term ending February 28, 2025.

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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 50 for the Regular Meeting of Tuesday, September 13, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 111: Appointment to the Community Forestry Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1.

Proposed Actions:
(R-2022-500) ADOPTED AS RESOLUTION R-314330
Resolution confirming the Mayor's appointment of James C. Smith to the Community Forestry Advisory Board for a term expiring December 31, 2022.

Passed by the following vote:

Item 112: Appointments and Reappointments to the Citizens Equal Opportunity Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Minutes of the Council of the City of San Diego Page 51 for the Regular Meeting of Tuesday, September 13, 2022
Council District(s) Affected: 3, 5, 7, 8.

Proposed Actions:
(R-2023-75) ADOPTED AS RESOLUTION R-314331
Resolution confirming the Mayor's appointments of Eric Wilson and Jon David Gonzales for terms ending January 1, 2023, to the Citizens Equal Opportunity Commission, and reappointments of Beth Kransberger, for a term ending January 1, 2023, and Gemma Blain, Cinnamon Clark, and Tony Terevainen for terms ending January 1, 2024.

Passed by the following vote:

Item 113: Appointments and Reappointments to the Small Business Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1, 3, 4.

Proposed Actions:
(R-2023-74) ADOPTED AS RESOLUTION R-314332
Resolution confirming the Mayor's appointments to the Small Business Advisory Board of Shadiya Hagisufi for a term ending July 1, 2023, Brandon Johnson for a term ending July 1, 2024, and reappointments of Shane Beard, Austin Evans, and Jim Schneider for terms ending July 1, 2023, and Donna DeBerry and Jason Paguio for terms ending July 1, 2024.

Minutes of the Council of the City of San Diego Page 52 for the Regular Meeting of Tuesday, September 13, 2022
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: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Item 114: Amendments to the 2022 Legislative Calendar.

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

Proposed Actions:
(R-2023-106) ADOPTED AS RESOLUTION R-314312
Resolution amending the 2022 Legislative Calendar.

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

Committee Actions Taken: N/A
Council President’s Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 53 for the Regular Meeting of Tuesday, September 13, 2022
Not Present: Vivian Moreno.

Item 115: Declaring A Continued State of Local Emergency Regarding COVID-19 Virus.

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

Proposed Actions:
(R-2023-97) ADOPTED AS RESOLUTION R-314333
Resolution declaring a continued state of emergency regarding the COVID-19 pandemic, pursuant to California Government Code section 8630.

Committee Actions Taken: N/A
Office of the Mayor: Matt Yagyagan, (619) 236-6330
City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate. (Councilmember Cate seconded the Consent Agenda but voted nay on Item 115.) Passed by the following vote:

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

Item 330: Proposed Amendments to Council Policy 600-09: Community Planners Committee, and Council Policy 600-24: Standard Operating Procedures and Responsibilities of Recognized Community Planning Groups; and the San Diego Municipal Code Related to Community Planning Groups.

Total Estimated Cost of Proposed Action and Funding Source:

Stipends of $500 to each CPG and the CPC to be provided as part of the Planning Department Fiscal Year 2023 budget for a total cost of $21,500.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 54 for the Regular Meeting of Tuesday, September 13, 2022
Proposed Actions:

Subitem-A: (R-2023-88 Cor. Copy) ADOPTED AS RESOLUTION R-314336 Resolution amending Council Policy 600-09, entitled “Community Planners Committee” related to committee reform and maintaining independence from the City.

Subitem-B: (R-2023-87 Cor. Copy) ADOPTED WITH DIRECTION AS RESOLUTION R-314337 Resolution amending Council Policy 600-24, entitled “Standard Operating Procedures and Responsibilities of Recognized Community Planning Groups” related to community planning group reform and maintaining their independence from the City.

Subitem-C: (O-2023-35) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Ordinance amending Chapter 8, Article 6, Division 1 of the San Diego Municipal Code by amending section 86.0104; amending Chapter 9, Article 8, Division 5 by amending section

98.0510; amending Chapter 11, Article 2, Division 2 by amending section 112.0203; amending Chapter 11, Article 2, Division 5 by amending section 112.0503; amending Chapter 11, Article 2, Division 6 by amending section 112.0602; and amending Chapter 15, Article 7, Division 2 by amending section 157.0203 all related to community planning group reform.

Committee Actions Taken:

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

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

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

Council District 1: Kathleen Ferrier, (619) 236-6611
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 5:59 PM
Public testimony by Howard Wayne, David Moty, Victoria Labruzzo, Paul Krueger, Rachel Graham, Jeremy Bloom, Jesse O’Sullivan, Aidan Lin, Yvania M. Rubio, Leana Cortez, Yunho Jung, Mike Magallanes, Armando Sepulvida, Janie Emerson, Danna Givot, Victor Avina, McKayla Dasha Sarmiento, Nicole Lillie, Donovan Perez Schipper, Geoff Hueter, Benjamin Wang, Andrea Sclageter, Aashika, Melanie Cohn, Mat Wahlstrom, Sharon Gehl, Gail Friedt, Vahan H., Amanda Nelson, Ravi Gopinathan, Becca Williams, Madison Coleman, Becky Hunt, William Rhatigan, Angeli Calinog, Beau Benko, Judi Strang, Wesley Morgan, Joy Sunyata, and Dike.

MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; ADOPT THE RESOLUTION IN SUBITEM B WITH DIRECTION TO STAFF TO AMEND COUNCIL POLICY 600-24, Minutes of the Council of the City of San Diego Page 55 for the Regular Meeting of Tuesday, September 13, 2022
IN SUBSECTION “E. OPEN AND PUBLIC ELECTIONS”, PARAGRAPH 4, LAST SENTENCE TO NOW READ, “CPG MEMBERS WHO REACH THE MAXIMUM SERVICE TIME CAN BE ELIGIBLE TO SERVE AGAIN AFTER A ONE-YEAR BREAK IN SERVICE AS REQUIRED BY THIS SECTION”; AND AMEND THE ATTACHMENT TO CP 600-24 TERMS AND CONDITIONS IN SECTION “4. CPG COMPOSITION”, SUBSECTION “4.4.1, MAXIMUM TIME OF SERVICE”, LAST SENTENCE TO NOW READ, “CPG VOTING MEMBERS WHO ACCUMULATE THIS MAXIMUM SERVICE TIME CAN BE ELIGIBLE TO SERVE AGAIN AFTER A ONE-YEAR BREAK IN SERVICE”. ALSO; REQUEST THE MAYOR’S OFFICE WORK WITH THE PLANNING DEPARTMENT, THE DEPARTMENT OF FINANCE, AND THE CITY ATTORNEY’S OFFICE, TO REVIEW THE CURRENT CPG STIPEND AND BRING FORWARD A MID-YEAR BUDGET ADJUSTMENT ACTION TO INCREASE THE FY 2023 STIPEND FOR ALL PLANNING BOARDS. REQUEST THAT STAFF EVALUATE THE CUMULATIVE IMPACTS

OF INFLATION AND THE POTENTIAL COSTS ASSOCIATED WITH COMING INTO COMPLIANCE WITH TODAY’S ORDINANCE WHEN CONSIDERING THE AMOUNT TO INCREASE FOR THE CURRENT FISCAL YEAR; AND INTRODUCE THE ORDINANCE IN SUBITEM C. Second by Chris Cate.

Passed by the following vote:

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

Motion by Raul A. Campillo to amend the San Diego Municipal Code Section 112.0203, “Waiver of Fees or Deposits”, to include, “Appeal fees are waived for community planning groups officially recognized under City Council Policy 600-24, limited to one waiver per fiscal year per Community Planning Group.” Second by Monica Montgomery Steppe.

Failed by the following vote:

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

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

Item S500: Pedal Ahead Third Anniversary Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming September 15, 2022 to be, “Pedal Ahead Third Anniversary Day” in the City of San Diego.

Minutes of the Council of the City of San Diego Page 56 for the Regular Meeting of Tuesday, September 13, 2022
COUNCIL ACTION: Start Time: 11:33 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S501: San Diego River Park Foundation’s 21st Anniversary Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming September 17, 2022, to be, “San Diego River Park Foundation’s 21st Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 7:45 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S502: 38th Annual Coastal Cleanup Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming September 17, 2022 to be, “38th Annual Coastal Cleanup Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 7:45 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 57 for the Regular Meeting of Tuesday, September 13, 2022
Passed by the following vote:

Item S503: Hispanic Heritage Month.

MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPILLO, AND COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming September 15 through October 15, 2022 to be, “Hispanic Heritage Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 7:45 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S504: Free to Thrive Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming September 17, 2022 to be, “Free to Thrive Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:33 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 58 for the Regular Meeting of Tuesday, September 13, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item S505: Willie Wallace Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming September 29, 2022 as, “Willie Wallace Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 7:45 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S506: Authorize Necessary Actions to Accept, Appropriate, and Expend $20,956,979 of HOME American Rescue Plan (HOME-ARP) Funds Allocated to the City by the U.S. Department of Housing and Urban Development (HUD), Including Approval of the HOME-ARP Allocation Plan for Submittal to HUD and Other Associated Actions.

Total Estimated Cost of Proposed Action and Funding Source:

This is a HOME-ARP planning document required by U. S. Department of Housing and Urban Development (HUD). All costs associated with the preparation and submittal of this plan are covered by federal funds through HUD under the HOME-ARP program. The City of San Diego is a participating jurisdiction and upon approval of the plan by HUD, the City will be awarded $20.9m.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-109) ADOPTED AS RESOLUTION R-314338
Minutes of the Council of the City of San Diego Page 59 for the Regular Meeting of Tuesday, September 13, 2022
Resolution of the Council of the City of San Diego approving the City's HOME-American Rescue Plan Allocation Plan, allocating $20,956,979 in HOME-American Rescue Plan funding received from the U.S. Department of Housing and Urban Development, and taking other associated actions.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on September 7, 2022.

ACTION: Motion by Committee Member von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions.

VOTE: 3-0; Montgomery Steppe-yea, von Wilpert-yea, Campillo-yea, Moreno-not present.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
COUNCIL ACTION: Start Time: 7:40 PM
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

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

Item S507: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2023-125) ADOPTED AS RESOLUTION R-314334
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
Minutes of the Council of the City of San Diego Page 60 for the Regular Meeting of Tuesday, September 13, 2022
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Item S508: 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-2023-114) ADOPTED AS RESOLUTION R-314335
Resolution reinstating teleconferencing at public meetings pursuant to the Ralph M. Brown Act and finding that as a result of the proclaimed state of emergency related to COVID-19, meeting in person would present imminent risks to the health and safety of attendees.

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

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 61 for the Regular Meeting of Tuesday, September 13, 2022
NOTE: The following Proclamation was NOT presented in Council Chambers.

Item S509: Bethel Baptist 100th Anniversary Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming September 18, 2022, to be, “Bethel Baptist 100th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 7:45 PM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S510: Notice of Availability for Midway Site – Recommendation for Selection of Midway Rising and Authorization to Negotiate and Enter into an Exclusive Negotiating Agreement with Midway Rising.

Total Estimated Cost of Proposed Action and Funding Source: None.

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2023-121) ADOPTED AS RESOLUTION R-314339
Resolution determining that authorizing the Mayor, or his designee, to negotiate and enter into an exclusive negotiation agreement with Midway Rising for the potential future leasing and redevelopment of the City-owned site on Sports Arena Boulevard in the Midway Area is exempt from the California Environmental Quality Act under Section 15061(b)(3) of the CEQA Guidelines.

Subitem-B: (R-2023-120 Rev.) ADOPTED AS AMENDED AS RESOLUTION R-314340 Minutes of the Council of the City of San Diego Page 62 for the Regular Meeting of Tuesday, September 13, 2022
Resolution authorizing the Mayor, or his designee, to negotiate and enter into an exclusive negotiation agreement with Midway Rising for the potential future leasing and redevelopment of the City-owned site on Sports Arena Boulevard in the Midway Area.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on September 8, 2022.

ACTION: Motion by Vice Chair LaCava, second by Councilmember Cate, to recommend Council approval of staff's proposed actions with the additional request that City staff, at a minimum, provide City Council with quarterly informational updates to include progress made to date, completion of milestones, anticipated next steps, and to receive additional input.

VOTE: 3-0; LaCava-yea, Whitburn-yea, Cate-yea, Moreno-not present.

Department of Real Estate and Airport Management: Penny Maus, (619) 236-7346 City Attorney Contact: Delmar G. Williams
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B AS AMENDED TO INCLUDE “THE CITY COUNCIL REQUESTS THAT

CITY STAFF, AT A MINIMUM, PROVIDE CITY COUNCIL WITH QUARTERLY INFORMATIONAL

UPDATES TO INCLUDE PROGRESS MADE TO DATE, COMPLETION OF MILESTONES, ANTICIPATED NEXT STEPS, AND TO RECEIVE ADDITIONAL INPUT.” Second by Jennifer Campbell.

Passed by the following vote:

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

MOTION BY MONICA MONTGOMERY STEPPE TO FURTHER AMEND THE RESOLUTION IN SUBITEM B TO INCLUDE “THE CITY COUNCIL FURTHER REQUESTS THAT CITY STAFF PERMIT

REPRESENTATIVES OF THE OFFICE OF THE INDEPENDENT BUDGET ANALYST TO BE PRESENT

FOR THE NEGOTIATION DISCUSSIONS AND TO HAVE FULL ACCESS TO DOCUMENTS AND OTHER RELATED MATERIALS PROVIDED TO CITY STAFF BY MIDWAY RISING.” Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 63 for the Regular Meeting of Tuesday, September 13, 2022
Minutes of the Council of the City of San Diego Page 64 for the Regular Meeting of Tuesday, September 13, 2022

REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out from Closed Session. https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports COUNCIL ACTION: Start Time: 8:01 PM

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 8:02 p.m.

COUNCIL ACTION: Start Time: 8:02 PM

San Diego City CouncilSeptember 13, 2022

San Diego City Council
September 13, 2022