Minutes — San Diego City Council, October 11, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, OCTOBER 11, 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 .........................................................................................8

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 30: Women’s Tennis Association 500 San Diego Open Week .......................................10 Item 31: Rancho Peñasquitos Library 30th Anniversary Day .................................................10 Item 32: Captain Alma Lowry Day......................................................................................11 Item 33: 45 Years of Women in the San Diego Fire Department Day ....................................12 Item 34: Grantville Allied Gardens Kiwanis Club 63 Years of Service Day...............................12 Item 50: Exemption of Two (2) Program Coordinator Positions in the Chief Operating Officer’s Office from the Classified Service ........................................................................................13 Item 60: Third Amendment to the Original Sole Source Agreement (H166798) with Moffatt & Nichol for Additional Consultant Services During the Design and Construction for the OB Pier Replacement Project ..........................................................................................................14 Minutes of Tuesday, October 11, 2022 Page 2
Table of Contents (Continued)
Item 100: Adopting an Amended Conflict of Interest Code for the Office of Boards and Commissions Department ...................................................................................................15 Item 101: Adopting an Amended Conflict of Interest Code for the Office of the Commission on Police Practices..................................................................................................................16 Item 102: Adopting an Amended Conflict of Interest Code for the Office of The Mayor ..........17 Item 103: Adopting an Amended Conflict of Interest Code for the Ethics Commission ............17 Item 104: Agreement with CDM Smith Inc. for Preparation of the Public Utilities Department Integrated Master Plan (H2125885).....................................................................................18 Item 105: A Resolution Approving a Side Letter Agreement Between the City of San Diego and the San Diego Municipal Employees Association to Amend Article 44 of the Memorandum of Understanding Regarding Uniform Allowance for the Senior Code Compliance Supervisor Classification......................................................................................................................19 Item 106: Resolution Approving a Side Letter Agreement to Amend Article 79 of the Memorandum of Understanding Between the City of San Diego and the San Diego Municipal Employees Association Related to Voluntary Certification Pay for the Certified Therapeutic Recreation Specialist Credential or Recreation Therapist Certification in the Parks and Recreation Department.......................................................................................................................20 Item 107: Accept an In-Lieu Fee of $150,000 from Airway Logistics Owner, LLC to Satisfy a Condition Under Project Number 665589, Site Development Permit No. 2430528 ...................21 Item 108: Authorize the Use of City Force Work Over $100,000 and Expend CIP Funds not-toexceed $2,146,880 for Two New Corrugated Metal Pipe (CMP) Projects; and Authorize the Transfer of $3,750,000 in CIP Budget to Fund the Immediate Needs of B22067 Pump Station N Emergency Project .............................................................................................................23 Item 109: Appointments and Reappointments to the Community Forestry Advisory Board......24 Item 110: Reappointments to the Arts and Culture Commission ...........................................25 Item 330: Authorization for the Public Facilities Financing Authority of the City of San Diego 2023A Water Revenue Bonds..............................................................................................26 Item 331: Cannabis Equity Assessment and Program Development ......................................27 Item 332: T-Mobile A Street Project Appeal - Project No. 687321 .........................................28 Item 333: Ordinance Approving Changes to Civil Service Rule XI, Section 5(a)(3) and Section 5(b), and San Diego Municipal Code Sections 23.1202, 23.1204, 23.1205, 23.1206, 23.1207 and

23.1208 Relating to Employee Resignation, Removal, Suspension, and Reduction in Compensation, to Allow Virtual Appeal Hearings...................................................................29 Minutes of Tuesday, October 11, 2022 Page 3
Table of Contents (Continued)
Item S500: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953 ........................................................30 Item S501: Proposed San Diego Municipal Code Amendments to Section 141.0504 Related to Redistricting and the Automatic Extension of Conditional Use Permits Related to Cannabis Operations ........................................................................................................................31 REPORT OUT FROM CLOSED SESSION................................................................................32 ADJOURNMENT .................................................................................................................33 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, October 11, 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 10:55 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:03 p.m. with Councilmember Moreno not present. Council President Elo-Rivera recessed the meeting at 2:31 p.m. to convene the Public Facilities Finance Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 2:37 p.m. with Councilmember Moreno not present. Council President Elo-Rivera recessed the regular meeting at 4:00 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 4:22 p.m. with Councilmember Moreno not present. The meeting was adjourned by Council President Elo-Rivera at 4:22 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 (km/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
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, October 11, 2022
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present

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

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

CS-1 Richard Bareno v. City of San Diego, et al.

San Diego Superior Court Case No. 37-2020-00026802-CU-PA-CTL Risk Management Department Claim File No. 21600
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 11, 2022 DCA Assigned: M. Neff
This case arises out of an officer-involved motor vehicle accident in the City of San Diego on December 16, 2018. 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: 10:43 AM
Council President Elo-Rivera closed the hearing.

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

CS-2 Stephanie Scudder v. City of San Diego
San Diego Superior Court Case No. 37-2020-00041883-CU-PO-CTL Risk Management Department Claim File No. 25032
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 11, 2022 DCA Assigned: L. A. Manfre
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, October 11, 2022
This case arises from a trip and fall that occurred on December 8, 2019, in front of the former United Cerebral Palsy Thrift Store at 1454 Garnet Avenue, 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: 10:43 AM
Council President Elo-Rivera closed the hearing.

CS-3 Gregory Montoya, et al. v. City of San Diego
San Diego Superior Court Case No. 37-2019-00047134-CU-EI-CTL Risk Management Department Claim File No. 21139
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 11, 2022 DCA Assigned: C. L. Turner
This case arises from property damage to several homes on Beta Street, in the City of San Diego, allegedly caused by flooding on December 6, 2018. 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: 10:43 AM
Council President Elo-Rivera closed the hearing.

CS-4 4150 National Avenue, LLC v. City of San Diego
San Diego Superior Court Case No. 37-2019-00040972-CU-EI-CTL Risk Management Department Claim File No. 21140
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 11, 2022 DCA Assigned: C. L. Turner
This lawsuit was filed by 4150 National Avenue, LLC for reimbursement of costs to repair property damage and rent concessions allegedly caused by flooding from the Chollas Creek channel on December 6, 2018. 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: 10:43 AM
Council President Elo-Rivera closed the hearing.

CS-5 Steven Scholl v. City of San Diego
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, October 11, 2022
San Diego Superior Court Case No. 37-2020-00028821-CU-PO-CTL Risk Management Department Claim File No. 24697
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 11, 2022 DCA Assigned: S. Wigdor-Roberts
This case arises out of a bicycle accident on North Harbor Drive. The City Attorney’s Office will update the Mayor and City Council to discuss the status of litigation and seek direction.

COUNCIL ACTION: Start Time: 10:43 AM
Council President Elo-Rivera closed the hearing.

CS-6 Kyle Long v. City of San Diego
San Diego Superior Court Case No. 37-2020-00046052-CU-PO-CTL Risk Management Department Claim No. 25047
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 11, 2022 DCA Assigned: R. J. Rice
This action arises from a solo motorcycle accident that allegedly occurred after Plaintiff Kyle Long rode over a pothole and broken road surface in San Diego. The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.

COUNCIL ACTION: Start Time: 10:43 AM
Council President Elo-Rivera closed the hearing.

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

CS-7 Title: City Clerk
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 11, 2022 DCA Assigned: None assigned
COUNCIL ACTION: Start Time: 10:43 AM
Council President Elo-Rivera closed the hearing.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, October 11, 2022

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Jason Moore commented on women’s professional sports.

COUNCIL ACTION: Start Time: 10:48 AM
PUBLIC COMMENT-2 (virtual):

Terri Ann Skelly commented on banning flavored tobacco products.

COUNCIL ACTION: Start Time: 10:50 AM
PUBLIC COMMENT-3 (virtual):

Lori Saldaña commented on actions of elected officials and appointees that destroy public trust.

COUNCIL ACTION: Start Time: 10:52 AM
PUBLIC COMMENT-4 (virtual):

Judi Strang commented on fentanyl drug use.

COUNCIL ACTION: Start Time: 10:54 AM
PUBLIC COMMENT-5 (virtual):

Blair Beekman commented on technological accountability related to data collection.

COUNCIL ACTION: Start Time: 10:56 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.

SPECIAL ORDERS OF BUSINESS
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, October 11, 2022
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
9/12/2022
9/13/2022
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Monica Montgomery Steppe.

Passed by the following vote:

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

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

Item 30: Women’s Tennis Association 500 San Diego Open Week.

COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming the week of October 8 through October 16, 2022, to be “Women’s Tennis Association 500 San Diego Open Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, October 11, 2022
Item 31: Rancho Peñasquitos Library 30th Anniversary Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming October 15, 2022, to be “Rancho Peñasquitos Library 30th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 32: Captain Alma Lowry Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming October 11, 2022, to be “Captain Alma Lowry Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 33: 45 Years of Women in the San Diego Fire Department Day.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, October 11, 2022
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming October 11, 2022, to be “45 Years of Women in the San Diego Fire Department Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 34: Grantville Allied Gardens Kiwanis Club 63 Years of Service Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming October 13, 2022, to be “Grantville Allied Gardens Kiwanis Club 63 Years of Service Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 50: Exemption of Two (2) Program Coordinator Positions in the Chief Operating Officer’s Office from the Classified Service.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, October 11, 2022
Total Estimated Cost of Proposed Action and Funding Source:

These positions were budgeted in the FY 2023 adopted budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-43) INTRODUCED, TO BE ADOPTED MONDAY, NOVEMBER 1, 2022 Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Office of the Chief Operating Officer from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on September 1, 2022. These Program Coordinator positions will be responsible for overseeing the development of grant applications for City departments, in addition to other related duties. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Office of the Chief Operating Officer: Kris McFadden, (619) 236-6595 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Raul A. Campillo.

Passed by the following vote:

Item 60: Third Amendment to the Original Sole Source Agreement (H166798) with Moffatt & Nichol for Additional Consultant Services During the Design and Construction for the OB Pier Replacement Project.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost for providing services under this Third Amendment is $7,499,075.00, to be funded through Grant Fund State.

Council District(s) Affected: 2.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, October 11, 2022
Proposed Actions:

Subitem-A: (R-2023-164) ADOPTED AS RESOLUTION R-314379
Resolution determining that the approval of the Third Amendment to the Sole Source Agreement with Moffat & Nichols for additional consulting services on the Ocean Beach Pier Replacement Project is statutorily exempt pursuant to CEQA Guidelines section 15262 as a project involving only feasibility or planning study for possible future actions (i.e. the Ocean Beach Pier replacement) which the City has not approved, adopted, or funded.

Subitem-B: (O-2023-58) INTRODUCED, TO BE ADOPTED MONDAY, NOVEMBER 1, 2022 Introduction of an Ordinance to authorize the Mayor or designee to sign the Third Amendment to the Sole Source Agreement with Moffat & Nichols for additional consulting services on the Ocean Beach Pier Replacement Project, to extend the duration of the agreement until December 30, 2028 and increase the not-to-exceed value of the agreement from $685,495 to $8,184,570, and related fiscal actions.
6 votes required pursuant to Charter Section 99 for a contract extending beyond 5 years.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on September 14, 2022.

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

VOTE: 3-0; LaCava-yea, Campbell-yea, Montgomery Steppe-yea, von Wilpert-not present.

Engineering & Capital Projects: James Nagelvoort, Director, Strategic Capital, (619) 533-5100 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. 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, October 11, 2022
Item 100: Adopting an Amended Conflict of Interest Code for the Office of Boards and Commissions Department.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-147) ADOPTED AS RESOLUTION R-314380
Resolution of the Council of the City of San Diego adopting an Amended Conflict of Interest Code for the Office of Boards and Commissions.

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

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Jose Garcia
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 101: Adopting an Amended Conflict of Interest Code for the Office of the Commission on Police Practices.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, October 11, 2022
Proposed Actions:
(R-2023-157) ADOPTED AS RESOLUTION R-314381
Resolution adopting an amended Conflict of Interest Code for the Office of the Commission on Police Practices.

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

Committee Actions Taken: N/A
Office of the Commission on Police Practices: Sharmaine Moseley, (619) 533-3432 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 102: Adopting an Amended Conflict of Interest Code for the Office of The Mayor.

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

Proposed Actions:
(R-2023-159) ADOPTED AS RESOLUTION R-314382
Resolution adopting an amended Conflict of Interest Code for the Office of the Mayor.

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

Committee Actions Taken: N/A
Office of the Mayor: Nick Serrano, (619) 236-6330
City Attorney Contact: Hilda R. Mendoza
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, October 11, 2022
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 103: Adopting an Amended Conflict of Interest Code for the Ethics Commission.

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

Proposed Actions:
(R-2023-156) ADOPTED AS RESOLUTION R-314383
Resolution adopting an amended Conflict of Interest Code for the San Diego Ethics Commission.

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

Committee Actions Taken: N/A
Ethics Commission: Sharon Spivak, (619) 533-3477
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 104: Agreement with CDM Smith Inc. for Preparation of the Public Utilities Department Integrated Master Plan (H2125885).

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, October 11, 2022
Total Estimated Cost of Proposed Action and Funding Source:

The cost of this agreement is not-to-exceed $3,781,567, for a term of 32 months for engineering consulting services provided by CDM Smith Inc. The agreement will be funded by a combination of the Water Fund, Metro Fund and, Muni Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-163) ADOPTED AS RESOLUTION R-314384
Resolution authorizing the Mayor, or his designee, to execute an agreement with CDM Smith Inc., to prepare the 2050 Integrated Master plan in an amount not to exceed $3,781,567, for a duration of thirty-two (32) months.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on September 15, 2022.

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

VOTE: 3-0; LaCava-yea, Campbell-yea, Campillo-yea, von Wilpert-not present.

Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 105: A Resolution Approving a Side Letter Agreement Between the City of San Diego and the San Diego Municipal Employees Association to Amend Article 44 of the Memorandum of Understanding Regarding Uniform Allowance for the Senior Code Compliance Supervisor Classification.

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, October 11, 2022
Total Estimated Cost of Proposed Action and Funding Source:

The anticipated fiscal impact is $486 per Fiscal Year.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-171) ADOPTED AS RESOLUTION R-314385
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 44 of the Memorandum of Understanding related to uniform allowance for the Senior Code Compliance Supervisor classification. 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 106: Resolution Approving a Side Letter Agreement to Amend Article 79 of the Memorandum of Understanding Between the City of San Diego and the San Diego Municipal Employees Association Related to Voluntary Certification Pay for the Certified Therapeutic Recreation Specialist Credential or Recreation Therapist Certification in the Parks and Recreation Department.

Total Estimated Cost of Proposed Action and Funding Source:

Based on number of employees who will be eligible to receive the additional compensation, the anticipated fiscal impact is approximately $56,868.53 per fiscal year.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, October 11, 2022
Proposed Actions:
(R-2023-170) ADOPTED AS RESOLUTION R-314386
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 79 of the Memorandum of Understanding related to voluntary certification pay for the Certified Therapeutic Recreation Specialist credential and Recreation Therapist Certification in the Parks and Recreation Department. 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 533-4326
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 107: Accept an In-Lieu Fee of $150,000 from Airway Logistics Owner, LLC to Satisfy a Condition Under Project Number 665589, Site Development Permit No. 2430528.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize to increase the Capital Improvement Program budget in La Media Rd Improvements project, and to accept, appropriate, and expend an amount not-to-exceed $150,000.00, within Developer Contributions CIP Fund. This amount will pay for the condition under Project Number 665589, Site Development Permit No. 2430528.

Council District(s) Affected: 8.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, October 11, 2022
Proposed Actions:
(R-2023-168) ADOPTED AS RESOLUTION R-314387
Resolution authorizing the acceptance of an in-lieu fee of $150,000 from Airway Logistics Owner, LLC to satisfy a condition under Project No. 665589, Site Development Permit No. 2430528 and related fiscal actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on September 14, 2022.

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

VOTE: 3-0; LaCava-yea, Campbell-yea, Montgomery Steppe-yea, von Wilpert-not present.

Transportation Department: Julio Canizal, (619) 235-5717 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 108: Authorize the Use of City Force Work Over $100,000 and Expend CIP Funds not-toexceed $2,146,880 for Two New Corrugated Metal Pipe (CMP) Projects; and Authorize the Transfer of $3,750,000 in CIP Budget to Fund the Immediate Needs of B22067 Pump Station N Emergency Project.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of this action will be $2,146,880 from the Capital Improvement Program Budget.

Council District(s) Affected: 2, 4, 8.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, October 11, 2022
Proposed Actions:

Subitem-A: (R-2023-162 Cor. Copy) ADOPTED AS RESOLUTION R-314388 Resolution determining that transfer of appropriations from CIP ACC000001, Stormwater Green Infrastructure, to CIP ACA00001, Flood Resilience Infrastructure, to fund B22067, 914 Santa Clara Place Pump Station N SD Emergency Project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3).

Subitem-B: (R-2023-161 Cor. Copy) ADOPTED AS RESOLUTION R-314389 Resolution authorizing the transfer of $3,750,000 from CIP ACC000001, Stormwater Green Infrastructure, to CIP ACA00001, Flood Resilience Infrastructure, to fund B22067, 914 Santa Clara Place Pump Station N SD Emergency Project.

Subitem-C: (R-2023-160) ADOPTED AS RESOLUTION R-314390
Resolution authorizing the use of City forces to complete two in-house projects for repairs of corrugated metal stormwater pipes and expenditure of Capital Improvement Program budget funds for City force work related expenses.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on September 14, 2022.

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

VOTE: 3-0; LaCava-yea, Campbell-yea, Montgomery Steppe-yea, von Wilpert-not present.

Stormwater Department: Sumer Hasenin, (858) 541-4336
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, October 11, 2022
Item 109: Appointments and Reappointments 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: 2, 3, 4, 7.

Proposed Actions:
(R-2023-152) ADOPTED AS RESOLUTION R-314391
Resolution confirming the Mayor's appointments of Wes Janssen for a term ending December 31, 2022, Morgan Justice Black, Chris Tiffany, and Vicki Ami Young for terms ending December 31, 2023, and Travis Armstrong for a term ending December 31, 2024, and reappointments of Laurel Everett, Jr. and Vince Mikulanis for terms ending December 31, 2023.

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: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 110: Reappointments to the Arts and Culture Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 3, 4.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, October 11, 2022
Proposed Actions:
(R-2023-153) ADOPTED AS RESOLUTION R-314392
Resolution confirming the Mayor's reappointments of Dajahn Blevins and Fritz Friedman to the Commission for Arts and Culture for terms ending August 31, 2024.

Passed by the following vote:

Item 330: Authorization for the Public Facilities Financing Authority of the City of San Diego 2023A Water Revenue Bonds.

Total Estimated Cost of Proposed Action and Funding Source:

See "Fiscal Considerations" section of Staff Report.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-28) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 1, 2022 Introduction of an Ordinance approving and authorizing the issuance and sale by the Public Facilities Financing Authority of the City of San Diego of its senior or subordinated water revenue bonds in one or more series in a total aggregate principal amount not-to-exceed $300,000,000; authorizing the City Attorney to appoint bond and disclosure counsel; and approving other documents and actions in connection therewith.
6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, October 11, 2022
Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on June 22, 2022.

ACTION: Motion by Committee Member Moreno, 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.

Debt Management: Allison Falkenstein, (619) 533-4516
City Attorney Contact: David Powell
See the PFFA Agenda of October 11, 2022, for a related item.

COUNCIL ACTION: Start Time: 2:06 PM
MOTION BY CHRIS CATE TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 331: Cannabis Equity Assessment and Program Development.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures being authorized with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-115) ADOPTED AS RESOLUTION R-314394
Resolution adopting the Cannabis Equity Assessment Report.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on September 7, 2022.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, October 11, 2022
ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.

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

Development Services: Lara Gates, (619) 446-5107
City Attorney Contact: Noah J Brazier
COUNCIL ACTION: Start Time: 2:41 PM
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 332: T-Mobile A Street Project Appeal - Project No. 687321.

Total Estimated Cost of Proposed Action and Funding Source:

All costs associated with the processing of this project are paid by the applicant.

Council District(s) Affected: 4.

Proposed Actions:

CONTINUED TO TUESDAY, NOVEMBER 1, 2022
Appeal of the Planning Commission’s decision to approve the T-Mobile A Street project granting a Planned Development Permit (PDP), Conditional Use Permit (CUP) and Neighborhood Development Permit (NDP) for a Wireless Communication Facility (WCF). The WCF consists of a 66-foot tall faux eucalyptus tree supporting nine (9) panel antennas and nine (9) Remote Radio Units (RRUs) and associated equipment located at 4907 A Street in the RS-1-7 zone within the Eastern Area Community of the Mid-City Community Planning area. The project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) on February 21, 2022.

According to San Diego Municipal Code Section 112.0508(f), Power to Act on Appeal, the City Council may:
(1) Affirm Planning Commission’s decision to grant the permits; Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, October 11, 2022
(2) Affirm Planning Commission’s decision to grant the permits with modifications; or (3) Reverse Planning Commission’s decision to grant the permits.

Directing the City Attorney to prepare the appropriate Resolutions according to Section 40 of the City Charter.

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

Committee Actions Taken: N/A
Development Services: Ian Heacox, (619) 446-5338
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 2:37 PM
MOTION BY MONICA MONTGOMERY STEPPE TO CONTINUE TO TUESDAY, NOVEMBER 1, 2022, AT 2:00 P.M. FOR FURTHER REVIEW. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 333: Ordinance Approving Changes to Civil Service Rule XI, Section 5(a)(3) and Section 5(b), and San Diego Municipal Code Sections 23.1202, 23.1204, 23.1205, 23.1206, 23.1207 and

23.1208 Relating to Employee Resignation, Removal, Suspension, and Reduction in Compensation, to Allow Virtual Appeal Hearings.

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

Proposed Actions:
(O-2023-13) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 1, 2022 Introduction of an Ordinance of the Council of the City of San Diego amending Chapter 2, Article 3, Division 12 of the San Diego Municipal Code by amending sections 23.1202, 23.1204,

23.1205, 23.1206, 23.1207 and 23.1208 relating to employee resignation, removal, suspension, and reduction in compensation, to allow virtual appeal hearings.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, October 11, 2022
Committee Actions Taken: N/A
Personnel: Douglas Edwards, (619) 236-6155
City Attorney Contact: David Karlin
COUNCIL ACTION: Start Time: 3:52 PM
MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

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

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

Proposed Actions:
(R-2023-179) ADOPTED AS RESOLUTION R-314393
Resolution reconsidering the circumstances of the state of emergency related to Covid-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act
This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Council District 2: Haley Lesser, (619) 236-6699
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, October 11, 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 S501: Proposed San Diego Municipal Code Amendments to Section 141.0504 Related to Redistricting and the Automatic Extension of Conditional Use Permits Related to Cannabis Operations.

Total Estimated Cost of Proposed Action and Funding Source:

Adoption of the proposed Municipal Code amendments may result in additional new cannabis activity and revenue in the future.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-61) INTRODUCED, TO BE ADOPTED MONDAY, NOVEMBER 15, 2022 Introduction of an Ordinance amending Chapter 14, Article 1, Division 5 by amending Section 141.0504 relating to redistricting and conditional use permit extensions for Cannabis Outlets.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on September 22, 2022.

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

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

Development Services: Lara Gates, (619) 446-5107
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Raul A. Campillo.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Chris Cate, Raul A. Campillo, Sean Elo-Rivera;
Nay: Marni von Wilpert;
Recused: (None);
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, October 11, 2022
Not Present: Vivian Moreno.

NOTE: Due to a noticing error, this item will be re-introduced on Tuesday, November 15, 2022.

Staff determined that the item was not noticed properly and is required to be reheard as a notice public hearing.

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, October 11, 2022

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:22 p.m.

COUNCIL ACTION: Start Time: 4:22 PM

San Diego City CouncilOctober 11, 2022

San Diego City Council
October 11, 2022