Minutes — San Diego City Council, September 20, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, SEPTEMBER 20, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 CLOSED SESSION................................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................9

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................12 SPECIAL ORDERS OF BUSINESS .........................................................................................12 APPROVAL OF COUNCIL MINUTES ......................................................................................12 Item 30: Archives Month ...................................................................................................13 Item 31: Aids Walk and Run San Diego Day........................................................................13 Item 32: Romulo “Rom” Sarno, Jr. Day...............................................................................14 Item 33: Naval Base San Diego Centennial Celebration Day .................................................14 Item 50: First Extension of Construction Contract (K-17-1401-DBB-3) with West Coast General Corporation and Third Amendment to Consultant Agreement (H146059) with Michael Baker International for 69th and Mohawk Pump Station Project......................................................15 Item 100: Sole Source Contract with Allstar Fire Equipment Inc. for the Purchase of Personal Protective Equipment (PPE) ................................................................................................16 Item 101: Resolution to Rescind Resolution No. 76068 ........................................................17 Minutes of Tuesday, September 20, 2022 Page 2
Table of Contents (Continued)
Item 102: Adoption of a Conflict of Interest Code for the General Services Department............. ........................................................................................................................................18 Item 103: Resolution of the Council of the City of San Diego Amending San Diego Resolution R-295913 to Expand the Geographical Boundaries of the University City Banner District..........19 Item 104: Settlement of Jenna Cole, et al. v. City of San Diego, Case No. 37-3022-00010098- CU-PO-CTL, Risk No. 26453................................................................................................20 Item 105: Settlement of Jose Valdez v. City of San Diego, San Diego Superior Court Case No. 37-2021-00015617-CU-PA-CTL, Claim No. 25760 .................................................................21 Item 106: Appointments to the Commission on the Status of Women ...................................22 Item 107: Resolution Excusing Councilmember von Wilpert from City Council and Committee Meetings ...........................................................................................................................23 Item 330: City of San Diego Affordable Housing Fund Fiscal Year 2022 Annual Report...........23 Item 331: Amendment to the Municipal Code and Council Policies for Capital Improvements Program (CIP) and Infrastructure Process Improvements and Streamlining............................24 Item 332: Informational Item Regarding the Fiscal Year 2022 Consolidated Annual Performance and Evaluation Report (CAPER) for U.S. Department of Housing and Urban Development (HUD) Programs ..........................................................................................................................26 Item S500: La Jolla High School 100th Anniversary Day.......................................................26 Item S501: San Diego Open Week .....................................................................................27 Item S502: Positive Movement Foundation Day...................................................................27 Item S503: Black Family Empowerment Day .......................................................................28 Item S504: Homeownership Equity Day..............................................................................28 Item S505: Water Pass Through Rate Adjustments..............................................................29 Item S506: Public School Recognition Day ..........................................................................30 Item S507: National Public Lands Day ................................................................................31 Item S508: The Charter School of San Diego Day................................................................31 Item S509: Second Amendment to As-Needed Agreement with Schwartz Semerdjian Cauley & Evans LLP to Provide Continued Legal Services as Panel Outside Counsel...............................32 Minutes of Tuesday, September 20, 2022 Page 3
Table of Contents (Continued)
Item S510: Consideration of a Nominee for Appointment to the Franchise Compliance Review Committee.........................................................................................................................33 Item S511: Dystonia Awareness Month...............................................................................34 Item S512: Approval to Accept Round 1 of State of California Family Homelessness Challenge Grant Funds ......................................................................................................................34 REPORT OUT FROM CLOSED SESSION................................................................................35 ADJOURNMENT .................................................................................................................36 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, September 20, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 11:31 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with Councilmember Moreno not present. The meeting was adjourned by Council President Elo-Rivera at 5:22 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 (cp)
*NOTE: Councilmember von Wilpert and Councilmember Cate participated in the meeting by teleconference.

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, September 20, 2022

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem Montgomery Steppe.

CLOSED SESSION
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:

CS-1 City Designated Management Team Representatives:

Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Charles Zuver, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Jay Goldstone, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kristina Peralta, Deputy Chief Operating Officer
Jessica Lawrence, Director of Policy, Office of the Mayor Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jeremy Culuko, Deputy Director, Human Resources Department Erik Hanson, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Jonnabelle Domingo, Senior Human Resources Officer, Human Resources Department Curt Glaser, Senior Human Resources Officer, Human Resources Department Peaches Howell, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Interim Senior Human Resources Officer, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Andrea Szabo, Senior Human Resources Officer, Human Resources Department Dianne Mitra, Associate Human Resources Analyst, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Rolando Charvel, Department of Finance Director and City Comptroller Sally Rubi, Financial Operations Manager, Department of Finance Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Ambar Gutierrez, Interim Principal Accountant, Department of Finance Virgilio Afan Jr., Interim Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
John Wood, Assistant Fire Chief, Fire-Rescue Department Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, September 20, 2022
Christopher Webber, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief, Fire-Rescue Department David Gerboth, Deputy Fire Chief, Fire-Rescue Department David Nisleit, Police Chief, Police Department
Chris Mcgrath, Executive Assistant Chief, Police Department Terence Charlot, Assistant Police Chief, Police Department Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Jonathan Ferreras, Program Coordinator, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Designated as representatives within the meaning of California Government Code Section 54957.6(a):

Charles Modica, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Designated as representatives within the meaning of California Government Code Section 54957.6(a):

Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney Leslie Fitzgerald, Assistant City Attorney, Office of the City Attorney Kristin Zlotnik, Chief Deputy City Attorney, Office of the City Attorney Joan Dawson, Senior Deputy City Attorney, Office of the City Attorney Alison Adema, Senior Deputy City Attorney, Office of the City Attorney Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organization:

San Diego Police Officers Association (SDPOA)
REFERRED TO CLOSED SESSION OF TUESDAY, SEPTEMBER 20, 2022 ACA Assigned: J. McNeill
The purpose of this Closed Session matter is to review the City of San Diego’s position and instruct the City’s Labor Negotiation Team regarding meet and confer under the Meyers-MiliasBrown Act with the San Diego Police Officers Association (POA) related to the Commission on Police Practices.

COUNCIL ACTION: Start Time: 10:49 AM
Council President Elo-Rivera closed the hearing.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, September 20, 2022
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9 (d)(1):

CS-2 Adele Piliszek v. City of San Diego, et al.

San Diego Superior Court Case No. 37-2018-00057178-CU-PO-CTL Risk Management Department Claim File No. 19660
REFERRED TO CLOSED SESSION OF TUESDAY, SEPTEMBER 20, 2022 DCA Assigned: G. D. Leasure
This case arises out of a bicycle accident on North Torrey Pines Road. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:49 AM
Council President Elo-Rivera closed the hearing.

CS-3City of San Diego v. The Testate and Intestate Successors of George W.

Marston, Deceased, and All Persons Claiming by, Through, or Under Him, et al.

San Diego Superior Court Case No. 37-2022-00011573-CU-OR-CTL REFERRED TO CLOSED SESSION OF TUESDAY, SEPTEMBER 20, 2022 DCA Assigned: J. M. Will
This is a Quiet Title action filed by the City to void the public library use provision in the Marston Grant Deed for the Former Central Library Property located downtown at 820 E Street. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:49 AM
Public testimony by Lori Saldaña, Joy Sunyata, and Katheryn Rhodes.

Council President Elo-Rivera closed the hearing.

CS-4 Marlea Dell'Anno v. City of San Diego, et al.

San Diego Superior Court Case No. 37-2017-00000118-CU-OE-CTL Risk Management Department Claim File No. 13044
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, September 20, 2022
REFERRED TO CLOSED SESSION OF TUESDAY, SEPTEMBER 20, 2022 DCA Assigned: D. E. Abad and T. L. Krentz
On March 23, 2022, a jury verdict was rendered for Plaintiff in her wrongful termination lawsuit against the City. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:49 AM
Public testimony by Katheryn Rhodes.

Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Mark Minor commented on relocation checks at C Street Inn.

COUNCIL ACTION: Start Time: 10:57 AM
PUBLIC COMMENT-2:

Lori Saldaña commented on building inspections.

COUNCIL ACTION: Start Time: 10:59 AM
PUBLIC COMMENT-3:

Ariana Olvera commented on ReWild Mission Bay.

COUNCIL ACTION: Start Time: 11:02 AM
PUBLIC COMMENT-4:

Andrew Meyer commented on ReWild Mission Bay funding.

COUNCIL ACTION: Start Time: 11:03 AM
PUBLIC COMMENT-5:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, September 20, 2022
Jim Peugh commented on ReWild Mission Bay funding.

COUNCIL ACTION: Start Time: 11:05 AM
PUBLIC COMMENT-6:

Josephine Thompson commented on funding for ReWild.

COUNCIL ACTION: Start Time: 11:07 AM
PUBLIC COMMENT-7:

Mark Broido commented on ReWild.

COUNCIL ACTION: Start Time: 11:10 AM
PUBLIC COMMENT-8:

Gwendolyn Dick commented on ReWild.

COUNCIL ACTION: Start Time: 11:11 AM
PUBLIC COMMENT-9:

Christopher Tinoco commented on ReWild budget.

COUNCIL ACTION: Start Time: 11:12 AM
PUBLIC COMMENT-10:

Nicole Burgess commented on general health, resiliency, and mobility.

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

Anne Baron commented on Peace Week.

COUNCIL ACTION: Start Time: 11:15 AM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, September 20, 2022
PUBLIC COMMENT-12 (virtual):

Barbara Gordon commented on increase in tobacco and marijuana use.

COUNCIL ACTION: Start Time: 11:17 AM
PUBLIC COMMENT-13 (virtual):

Katheryn Rhodes commented on the 50th anniversary of the passage of 30-foot height limit.

COUNCIL ACTION: Start Time: 11:19 AM
PUBLIC COMMENT-14 (virtual):

Peggy Walker commented on marijuana legalization and commercialization.

COUNCIL ACTION: Start Time: 11:21 AM
PUBLIC COMMENT-15 (virtual):

Becky Rapp commented on negative impact marijuana can have on mental health.

COUNCIL ACTION: Start Time: 11:23 AM
PUBLIC COMMENT-16 (virtual):

Unknown caller commented on limiting citizens ability to participate in our own democracy.

COUNCIL ACTION: Start Time: 11:25 AM
PUBLIC COMMENT-17 (virtual):

Blair Beekman commented on negotiating peace; abortion issues; and data collection.

COUNCIL ACTION: Start Time: 11:28 AM

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

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, September 20, 2022
City Attorney Elliot announced their Halloween Costume Drive for Your Safe Place, a division within the City, that supports trafficking and domestic violence victims. She encouraged staff to help out by donating new or gently used and clean costumes. City Attorney Elliot welcomed them all to join the event.

COUNCIL ACTION: Start Time: 11:30 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
8/8/2022 Adjourned
8/9/2022 Adjourned
8/15/2022 Adjourned
8/16/2022 Adjourned
8/22/2022 Adjourned
8/23/2022 Adjourned
8/29/2022 Adjourned
8/30/2022 Adjourned
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

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

Item 30: Archives Month.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, September 20, 2022

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming October 2022, as “Archives Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item 31: Aids Walk and Run San Diego Day.

COUNCILMEMBER CAMPBELL AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Proclaiming September 24, 2022, to be "AIDS Walk & Run San Diego Day" in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item 32: Romulo “Rom” Sarno, Jr. Day.

COUNCILMEMBER WHITBURN AND COUNCILMEMBER CATE'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, September 20, 2022

APPROVED
Proclaiming October 1, 2022, as “Romulo “Rom” Sarno, Jr. Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item 33: Naval Base San Diego Centennial Celebration Day.

COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming September 24, 2022, to be "Naval Base San Diego Centennial Celebration Day" in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item 50: First Extension of Construction Contract (K-17-1401-DBB-3) with West Coast General Corporation and Third Amendment to Consultant Agreement (H146059) with Michael Baker International for 69th and Mohawk Pump Station Project.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, September 20, 2022
The total cost for this amendment with Michael Baker International is $161,875.00. Funding is available within CIP S-12011, 69th and Mohawk Pump Station, Fund 700010, Water Utility CIP for the purpose of executing this consultant agreement.

Council District(s) Affected: 9.

Proposed Actions:

Subitem-A: (O-2023-33) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Introduction of an Ordinance authorizing the obligations of the Contract with West Coast General Corporation/PK Mechanical System, Inc., A Joint Venture, to extend beyond five years to December 31, 2023, in connection with the construction of a pump station at 69th Street and Mohawk Street.

Subitem-B: (O-2023-31) INTRODUCED, TO BE ADOPTED MONDAY, OCTOBER 3, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. Three to the Contract with Michael Baker International, extending the Contract through June 30, 2024, in connection with the construction of a pump station at 69th Street and Mohawk Street.
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 R. Wander
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, September 20, 2022
Item 100: Sole Source Contract with Allstar Fire Equipment Inc. for the Purchase of Personal Protective Equipment (PPE).

Total Estimated Cost of Proposed Action and Funding Source:

Personal Protective Equipment purchasing contract for custom design features that are proprietary to Lion PPE include Turnout Coats, Pants, Accountability Panels and Suspenders.

PPE's are a necessity to the safety of our Fire personnel and will outfit the next 15 Fire Academies as well as replace worn/damaged PPE's. This new five-year sole source agreement is not-to-exceed $8,930,067.67, funded by General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-116) ADOPTED AS RESOLUTION R-314341
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Allstar Fire Equipment, Inc., in an amount not-to-exceed $8,930,067.67, to purchase firefighting personal protective equipment.

Committee Actions Taken:

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

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

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

Fire-Rescue: John Wood, Assistant Fire Chief, (619) 533-4302 City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, September 20, 2022
Item 101: Resolution to Rescind Resolution No. 76068.

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

Proposed Actions:
(R-2023-110 Cor. Copy) ADOPTED AS RESOLUTION R-314342
Resolution rescinding San Diego Resolution No. 76068, adopted on January 27, 1942.

Committee Actions Taken: N/A
Council District 9: Jefferey Nguyen, (619) 236-6699
City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 102: Adoption of a Conflict of Interest Code for the General Services Department.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-111) ADOPTED AS RESOLUTION R-314343
Resolution adopting a Conflict of Interest Code for the General Services Department.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, September 20, 2022
This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Department of General Services: Donny Nguyen, (619) 527-7594 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 103: Resolution of the Council of the City of San Diego Amending San Diego Resolution R295913 to Expand the Geographical Boundaries of the University City Banner District.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 1.

Proposed Actions:

Approve the resolution amending San Diego Resolution R-295913 to expand the geographical boundaries of the University City Banner District and authorize the University City Community Association to install street banners in the public right-of-way promoting cultural or civic events or activities of general public interest.

Subitem-A: (R-2023-112) ADOPTED AS RESOLUTION R-314344
Resolution determining that the approval of the amendment to the University City Banner District to authorize and expand the area of the public right-of-way in which banners may be installed and displayed is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

Subitem-B: (R-2023-113) ADOPTED AS RESOLUTION R-314345
Resolution amending the University City Banner District to authorize and expand the area of the public right-of-way in which banners may be installed and displayed.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, September 20, 2022
Council District 1: Krissy Chan, (619) 236-6611
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 104: Settlement of Jenna Cole, et al. v. City of San Diego, Case No. 37-3022-00010098- CU-PO-CTL, Risk No. 26453.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $600,000 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-72) ADOPTED AS RESOLUTION R-314346
Resolution authorizing the settlement of Jenna Cole, et al. v. City of San Diego, Case No. 37- 3022-00010098-CU-PO-CTL, related to an unintentional bite by a police K9 on Plaintiff Jenna Cole at her home on January 30, 2021. Risk Claim No. 26453.

Committee Actions Taken: N/A
Office of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486 COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, September 20, 2022
Not Present: Vivian Moreno.

Item 105: Settlement of Jose Valdez v. City of San Diego, San Diego Superior Court Case No. 37-2021-00015617-CU-PA-CTL, Claim No. 25760.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $81,000 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-73) ADOPTED AS RESOLUTION R-314347
Resolution authorizing the settlement of Jose Valdez v. City of San Diego, San Diego Superior Court Case No. 37-2021-00015617-CU-PA-CTL, related to a claim of personal injury stemming from an automobile accident in the North Park area of San Diego on August 18, 2020. Risk Claim No. 25760.

Committee Actions Taken: N/A
Office of the City Attorney: Jon Cadieux, (619) 533-6274 COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 106: Appointments to the Commission on the Status of Women.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures associated with this item.

Council District(s) Affected: 1, 2, 3, 5, 7, 9.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, September 20, 2022
Proposed Actions:
(R-2023-118) ADOPTED AS RESOLUTION R-314348
Resolution confirming the Mayor's appointments of Laurie Black, Dr. Lakeya Cherry, Susan Davis, Joy Utomi Hartmann, Sophie Tarazi, and Natasha Wong for terms ending March 1, 2023, and Marlyn Carrillo, Wendy Urushima-Conn, Gail Friedt, Solange Jacobs, and Dana Toppel for terms ending March 1, 2024 to the Commission on the Status of Women.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 107: Resolution Excusing Councilmember von Wilpert from City Council and Committee Meetings.

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

Proposed Actions:
(R-2023-103) ADOPTED AS RESOLUTION R-314349
Resolution Excusing Councilmember von Wilpert from City Council and Committee Meetings.

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

Committee Actions Taken: N/A
Council District 5: Quinton Grounds, (619) 235-5297
City Attorney Contact: Jose Garcia Jr
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, September 20, 2022
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 330: City of San Diego Affordable Housing Fund Fiscal Year 2022 Annual Report.

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

Proposed Actions:

ITEM PRESENTED
This is an informational item only.

Committee Actions Taken: N/A
Housing Commission: Christelle Van Der Windt, (619) 578-7427 COUNCIL ACTION: Start Time: 2:18 PM
Item 331: Amendment to the Municipal Code and Council Policies for Capital Improvements Program (CIP) and Infrastructure Process Improvements and Streamlining.

Total Estimated Cost of Proposed Action and Funding Source:

No costs or funds are affected by this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2023-39 Rev.) INTRODUCED AS AMENDED BY INTERLINEATION, TO BE ADOPTED MONDAY, OCTOBER 3, 2022
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, September 20, 2022
Introduction of an Ordinance amending Chapter 2, Article 2, Division 30 of the San Diego Municipal Code by amending sections 22.3003 and 22.3018; amending Chapter 2, Article 2, Division 31 by amending sections 22.3102, 22.3103, 22.3104, and 22.3105; and amending Chapter 2, Article 2, Division 32 by amending section 22.3207 and adding section 22.3211, relating to the City Manager's authority to award and amend contracts.

Subitem-B: (R-2023-94) ADOPTED WITH DIRECTION AS RESOLUTION R-314352 Resolution amending Council Policy No. 000-31 relating to Capital Improvement Program transparency.

Committee Actions Taken:

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

ACTION: Motion by Chair von Wilpert, second by Council President Pro Tem Montgomery Steppe, to recommend Council approval of staff’s proposed actions related to Item A and B, with a request that Item C return to ATI Committee in September for further consideration.

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

Engineering & Capital Projects: Rania Amen, (619) 533-6667 City Attorney Contact: Adam R. Wander
COUNCIL ACTION: Start Time: 3:36 PM

MOTION BY MARNI VON WILPERT TO INTRODUCE THE ORDINANCE AS AMENDED BY INTERLINEATION IN SUBITEM A TO: 1) CHANGE THE LANGUAGE ON PAGE 7, SECTION

22.3105 USE OF CITY FORCES, SUBSECTION (B), TO READ: “THE CITY MANAGER MAY EXERCISE THE CITY MANAGER’S DISCRETION OF THE USE OF CITY FORCES ON A PUBLIC WORKS PROJECT WHEN THE COST OF USING CITY FORCES DOES NOT EXCEED $500,00”; AND 2) REQUEST THAT THE MAYOR’S OFFICE, ENGINEERING AND CAPITAL PROJECTS DEPARTMENT, AND THE INDEPENDENT BUDGET ANALYST’S OFFICE WORK TO IDENTIFY NEW

KEY PERFORMANCE INDICATORS THAT WILL HELP TRACK PROGRESS AND BENEFIT OF TODAY’S ACTION; AND ADOPT THE RESOLUTION WITH DIRECTION IN SUBITEM B TO REQUEST THAT THE MAYOR’S OFFICE, ENGINEERING AND CAPITAL PROJECTS DEPARTMENT, AND THE INDEPENDENT BUDGET ANALYST’S OFFICE WORK TO IDENTIFY NEW KEY PERFORMANCE INDICATORS THAT WILL HELP TRACK PROGRESS AND BENEFIT OF TODAY’S ACTION. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Sean Elo-Rivera;
Nay: Monica Montgomery Steppe;
Recused: (None);
Not Present: Vivian Moreno.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, September 20, 2022
Item 332: Informational Item Regarding the Fiscal Year 2022 Consolidated Annual Performance and Evaluation Report (CAPER) for U.S. Department of Housing and Urban Development (HUD) Programs.

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

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
COUNCIL ACTION: Start Time: 2:45 PM
Public testimony by Ricardo Flores, Joy Sunyata, and Katheryn Rhodes.

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

Item S500: La Jolla High School 100th Anniversary Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming October 1, 2022, to be “La Jolla High School 100th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, September 20, 2022
Not Present: Vivian Moreno.

Item S501: San Diego Open Week.

COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming the week of September 17 through September 25, 2022, to be “San Diego Open Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S502: Positive Movement Foundation Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming October 1, 2022, to be “Positive Movement Foundation Day" in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, September 20, 2022
Item S503: Black Family Empowerment Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming September 24, 2022, to be “Black Family Empowerment Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S504: Homeownership Equity Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming September 21, 2022, to be “Homeownership Equity Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S505: Water Pass Through Rate Adjustments.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, September 20, 2022
Total Estimated Cost of Proposed Action and Funding Source:

See Staff Report for fiscal information.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-124) ADOPTED AS RESOLUTION R-314353
Resolution determining that approving water rate increases pursuant to increases in the wholesale cost of water charged by the San Diego County Water Authority is exempt from the California Environmental Quality Act Pursuant to Section 15273 of the CEQA Guidelines.

Subitem-B: (R-2023-123) ADOPTED AS RESOLUTION R-314354
Resolution approving water rate increases pursuant to increases in the wholesale cost of water charged by San Diego County Water Authority.

Committee Actions Taken: N/A
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 3:06 PM & 4:44 PM
Council President Elo-Rivera opened the hearing.

Public testimony by James Harkins, Tito Mansibang, Maria Lopez, Juanita Barrera, Alejandra Trujillo, Aaron Rabinowitz, Lucy Benner, Joanne Tunstall, Bonnie Bruno, Fran Shepherd, Katheryn Rhodes, and Justin.

Council President Elo-Rivera closed the hearing and directed City Clerk Elizabeth Maland to tabulate the submittal of protests.

City Clerk Elizabeth Maland announced that the City Clerk’s Office received a total of 2,207 protests within the 45-day period from August 6, 2022, through September 20, 2022, including the 5 that were received during the public hearing. Based on information provided by the Public Utilities Department 129,809 protests would represent 50 percent plus 1 of affected properties or customers at the time Council authorized the mailing of the proposition 218 noticing regarding the proposed rate increase. The number of protests lodged with the City Clerk’s Office is manifestly below the threshold of 50 percent plus 1. City Clerk Elizabeth Maland certified the results and submitted them to the City Council.

MOTION BY CHRIS CATE TO ADOPT. Second by Sean Elo-Rivera.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, September 20, 2022
Passed by the following vote:

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

Item S506: Public School Recognition Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming September 30, 2022, to be “Public School Recognition Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S507: National Public Lands Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming September 24, 2022, to be “National Public Lands Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, September 20, 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 S508: The Charter School of San Diego Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming October 7, 2022, to be “The Charter School of San Diego Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S509: Second Amendment to As-Needed Agreement with Schwartz Semerdjian Cauley & Evans LLP to Provide Continued Legal Services as Panel Outside Counsel.

Total Estimated Cost of Proposed Action and Funding Source:

The Second Amendment to the Agreement with Schwartz Semerdjian is for an increase of $350,000, for a total contract amount not-to-exceed $1.1 million. Funding for this contract increase will come from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-89) ADOPTED AS RESOLUTION R-314355
Resolution authorizing the Mayor, or his designee, to execute the Second Amendment to the AsNeeded Agreement with Schwartz Semerdjian Cauley & Evans LLP to increase the not-to-exceed Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, September 20, 2022
amount by $350,000 from $750,000 to $1.1 million to provide continued legal services as panel outside counsel.

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 2:11 PM
MOTION BY JOE LACAVA TO APPROVE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item S510: Consideration of a Nominee for Appointment to the Franchise Compliance Review Committee.

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

Proposed Actions:
(R-2023-132) ADOPTED AS RESOLUTION R-314356
Resolution making a City Council appointment to the Franchise Compliance Review Committee until dissolution of this temporary committee.

Committee Actions Taken: N/A
Council President’s Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:06 PM
MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION APPOINTING JARED QUIENT.

Second by Sean Elo-Rivera.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, September 20, 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.

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

Item S511: Dystonia Awareness Month.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming September 2022, as “Dystonia Awareness Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 5:10 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item S512: Approval to Accept Round 1 of State of California Family Homelessness Challenge Grant Funds.
(Continued from the Special meeting of September 19, 2022, Item 605, at the request of Council President Sean Elo-Rivera.)
Total Estimated Cost of Proposed Action and Funding Source:
$441,151.13 in Family Homelessness Challenge Grant funds.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-100) ADOPTED AS RESOLUTION R-314350
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, September 20, 2022
Resolution determining that the ratification of the Agreement with the California Interagency Council on Homelessness in the Business, Consumer Services and Housing Agency and authorizing the acceptance, appropriation, and expenditure of Round 1 of State of California Family Homelessness Challenge Grant Program Funds is exempt from the California Quality Act pursuant to section 15301 of the CEQA Guidelines.

Subitem-B: (R-2023-101) ADOPTED AS RESOLUTION R-314351
Resolution ratifying the Agreement with the California Interagency Council on Homelessness in the Business, Consumer Services and Housing Agency and authorizing the acceptance, appropriation, and expenditure of Round 1 of State of California Family Homelessness Challenge Grant Program Funds, and related actions.

Committee Actions Taken: N/A
Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:22 p.m. in honor of the memory of:

John Sheridan as requested by Councilmember LaCava.

COUNCIL ACTION: Start Time: 5:21 PM

San Diego City CouncilSeptember 20, 2022

San Diego City Council
September 20, 2022