Minutes — San Diego City Council, October 18, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, OCTOBER 18, 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 .........................................................................................7

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS .........................................................................................10 APPROVAL OF COUNCIL MINUTES ......................................................................................11 Item 30: Audie de Castro Day............................................................................................11 Item 50: Amend the Administrative Code of the San Diego Municipal Code (SDMC) to Update the List and Descriptions of City Departments – Strategic Capital Projects Department and Debt Management Department/Department of Finance Merge. .....................................................12 Item 51: Construction Contract Extension (K-17-1191-DBB-3) With Newest Construction, Inc for the Construction of La Jolla Country Club Reservoir & Pump Station & Sole Source Agreement Amendment for Harris & Associates (H&A) in Support of the La Jolla Country Club (LJCC) Reservoir & Pump Station Project .............................................................................13 Item 52: First Amendments to the As-Needed Civil Engineering Design Consultant Agreements with Dokken Engineering (H176826), Parsons Transportation Group (H176827), Rick Engineering Company (H176828), Nasland Engineering, Inc. (H176829) and Psomas (H176830) ........................................................................................................................................15 Item 53: Third Amendment to Bentley Systems Contract for Computer Aided Drafting Design (CADD) Application Services ...............................................................................................17 Minutes of Tuesday, October 18, 2022 Page 2
Table of Contents (Continued)
Item 54: Approve an Agreement with Rotorcraft Support Inc. for Parts and As-Needed Maintenance Services for Fire-Rescue Helicopters.................................................................18 Item 55: Awarding a Contract to Sillman Wright Architects (SILLMAN) for Professional Design and Construction Support Services for the Public Utilities Department, Environmental Monitoring and Technical Services NTC Laboratory Remodel and NTC Lab Solar Implementation Project (H2125840).......................................................................................................................20 Item 56: Determination of Collective Bargaining Matters Related to Proposed Implementation Ordinance for the Commission on Police Practices and Proposed Amended Interim Standard Operating Procedures.........................................................................................................21 Item 100: Accept Grant Award of $2,500,000 from the County of San Diego for the Come Play Outside/Parks After Dark Program.......................................................................................22 Item 101: Adopting an Amended Conflict of Interest Code for the Communications Department ........................................................................................................................................23 Item 102: Adopting an Amended Conflict of Interest Code for the Department of Information Technology........................................................................................................................24 Item 103: Approval of the Amended Master Records Schedule .............................................25 Item 104: Reappointment to the Balboa Park Committee.....................................................25 Item 105: Appointment to the Park and Recreation Board....................................................26 Item 106: Appointments to the Privacy Advisory Board........................................................27 Item 330: SDG&E 2022 Presentation on Gas & Electric Rates...............................................28 Item 331: Correct a Certain Finding to Reflect City Council’s Approval of the DDA of the Tailgate Park Site...............................................................................................................28 Item S500: Somali Bantu Association of America Day ..........................................................29 Item S501: Lieutenant Colonel Gregory S. (Scott) Rooker Day..............................................30 Item S502: Andrés Bonifacio Samahan Student Organization of San Diego State University Day ........................................................................................................................................30 Item S503: Authorization to Execute a Cooperative Procurement Contract with South Coast Fire Equipment Incorporated for the Purchase of Pierce Manufacturing, Inc. (a Subsidiary of Oshkosh Corporation), Firefighting Apparatus and Fire Service Vehicles .................................31 Minutes of Tuesday, October 18, 2022 Page 3
Table of Contents (Continued)
Item S504: Budget Revisions to Torrey Pines Fire Station Capital Improvements Program (CIP) Project (S19003) to Fund Purchase of Electric Fire Engine and EV Charging Infrastructure ......32 Item S505: Support the Enlisted Project Day.......................................................................33 REPORT OUT FROM CLOSED SESSION................................................................................34 ADJOURNMENT .................................................................................................................34 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, October 18, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. The meeting was recessed by Council President Elo-Rivera at 11:29 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 3:38 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
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present

PLEDGE OF ALLEGIANCE
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, October 18, 2022
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 Estate of Timothy Smith, et al. v. City of San Diego, et al.

United States District Court Case No. 16cv2989 WQH (MSB) Risk Management Department Claim File No. 27247
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 18, 2022 DCA Assigned: T. L. Krentz
This case arises from an officer-involved shooting death of Timothy Smith on November 4, 2015, in Pacific Beach. 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 Blair Beekman.

Council President Elo-Rivera closed the hearing.

CS-2 Sriloga Kathirelavan v. City of San Diego
San Diego Superior Court Case No. 37-2021-00015045-CU-PO-CTL Risk Management Department Claim File No. 26043
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 18, 2022 DCA Assigned: K. R. Yee
Plaintiff alleges she sustained injuries as a result of a falling lamppost located at Ocean Air Community Park. 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.

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, October 18, 2022
CS-3 Protection for the Educational Rights of Kids v. City of San Diego San Diego Superior Court Case No. 37-2022-00003636-CU-CR-CTL Risk Management Department Claim File No. 28912
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 18, 2022 DCA Assigned: J. Cadieux
Plaintiff contends the City’s COVID-19 vaccine Ordinance O-21398 violates its members’ Constitutional rights to privacy and bodily autonomy. Plaintiff requests the Court declare the Ordinance unconstitutional and issue an injunction prohibiting the City from enforcing its provisions. 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.

Conference with Legal Counsel – Significant Exposure to Litigation, pursuant to California Government Code Section 54956.9(d)(2):

CS-4 Air Pollution Control District Notices of Violation Notice of Violation No. APCD2019-NOV-000197 (Fire-Rescue Training Facility) Notice of Violation No. APCD2019-NOV-000702 (101 Ash)
Notice of Violation No. APCD2020-NOV-000062 (101 Ash)
Notice of Violation No. APCD2020-NOV-000067 (101 Ash)
Notice of Violation No. APCD2020-NOV-000100 (101 Ash)
REFERRED TO CLOSED SESSION OF TUESDAY, OCTOBER 18, 2022 ACA Assigned: J. McNeill, Assistant City Attorney
DCA Assigned: L. M. DePoister, Deputy City Attorney
This matter arises from five Notices of Violation issued by the Air Pollution Control District for alleged asbestos violations at the Fire-Rescue training facility and 101 Ash Street. The City Attorney’s Office will update the Mayor and City Council on the status of the Notices of Violation and seek direction.

COUNCIL ACTION: Start Time: 10:49 AM
Public testimony by Lori Saldaña.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, October 18, 2022
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

John Dyer commented on parks and recreation.

COUNCIL ACTION: Start Time: 10:53 AM
PUBLIC COMMENT-2:

Richard Pearson commented on our home.

COUNCIL ACTION: Start Time: 10:56 AM
PUBLIC COMMENT-3 (virtual):

Terri Ann Skelly commented on the risks of cannabis on mental health.

COUNCIL ACTION: Start Time: 10:58 AM
PUBLIC COMMENT-4 (virtual):

Lori Saldaña commented on the rapid increase of stand back hold calls for emergencies.

COUNCIL ACTION: Start Time: 11:00 AM
PUBLIC COMMENT-5 (virtual):

Diane Grace commented on increasing support for mental health services.

COUNCIL ACTION: Start Time: 11:02 AM
PUBLIC COMMENT-6 (virtual):

Becky Rapp commented on marijuana advertising.

COUNCIL ACTION: Start Time: 11:05 AM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, October 18, 2022
PUBLIC COMMENT-7 (virtual):

Barbara Gordon commented on drug prevention programs.

COUNCIL ACTION: Start Time: 11:07 AM
PUBLIC COMMENT-8 (virtual):

Carol Green commented on protecting children against candy flavored tobacco and marijuana.

COUNCIL ACTION: Start Time: 11:09 AM
PUBLIC COMMENT-9 (virtual):

Peggy Walker commented on banning flavored marijuana products.

COUNCIL ACTION: Start Time: 11:10 AM
PUBLIC COMMENT-10 (virtual):

Joy Sunyata commented on unsheltered people.

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

Judy Strang commented on marijuana use in college students.

COUNCIL ACTION: Start Time: 11:14 AM
PUBLIC COMMENT-12 (virtual):

Kathleen Lippitt commented on the importance of prevention and prescription drugs.

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

Blair Beekman commented on accountability practices and surveillance.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, October 18, 2022
COUNCIL ACTION: Start Time: 11:18 AM

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

Councilmember Campillo announced his proposal to improve recruitment and retention in the City of San Diego. He noted that our organization should lead by example by expanding parental leave benefits. Councilmember Campillo’s proposal called ”Parental Benefits Package” would triple the amount of paid parental leave for City employees. He touched on various improvements this policy change would address. Councilmember Campillo thanked the union representatives and Children First Collective San Diego for their support, as well as thanking his staff member, Justine Murray, for her excellent work on the work to prepare this initiative.

COUNCIL ACTION: Start Time: 11:20 AM
COUNCIL COMMENT-2:

Councilmember von Wilpert thanked Councilmember Campillo and Justine Murray for their work in bringing this proposal forward. Councilmember von Wilpert highlighted October as “Domestic Violence Awareness Month.” It was launched in 1987 to connect and unite individuals and organizations working on domestic violence issues. Councilmember von Wilpert thanked City Attorney Mara Elliott for her leadership with Your Safe Place/A Family Justice Center which provides free services to anyone experiencing domestic violence.

COUNCIL ACTION: Start Time: 11:27 AM
COUNCIL COMMENT-3:

Councilmember Whitburn congratulated Councilmember Campillo for advancing the initiative to expand the parental leave benefits. He also noted Councilmember Campillo’s work in extending day care options for City employees. Councilmember Whitburn acknowledged this work will help make the City of San Diego more family-friendly.

COUNCIL ACTION: Start Time: 11:28 AM

SPECIAL ORDERS OF BUSINESS
None.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, October 18, 2022

APPROVAL OF COUNCIL MINUTES

APPROVED
09/19/2022 Special
09/20/2022
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

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

Item 30: Audie de Castro Day.

COUNCILMEMBER CATE'S RECOMMENDATION:

APPROVED
Proclaiming October 18, 2022, as “Audie de Castro Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 3:32 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, October 18, 2022
Item 50: Amend the Administrative Code of the San Diego Municipal Code (SDMC) to Update the List and Descriptions of City Departments – Strategic Capital Projects Department and Debt Management Department/Department of Finance Merge.

Total Estimated Cost of Proposed Action and Funding Source:

Department of Finance and Debt Management Department have previously been approved by the City Council in the Fiscal Year 2023 Adopted Budget. If approved, the Department of Finance anticipates repurposing vacancy savings resulting from the elimination of the Debt Management Department Director position and adding critical staff to restore positions that were reduced in prior years.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2023-42) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 1, 2022 Introduction of an Ordinance amending Chapter 2, Article 2, Division 7 and Division 41 of the San Diego Municipal Code by amending Sections 22.0710, 22.0711. and 22.1403, relating to the consolidation of the Debt Management Department within the Finance Department.

Subitem-B: (O-2023-41) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 1, 2022 Introduction of an Ordinance amending Chapter 2, Article 2, Division 14 of the San Diego Municipal Code by adding Section 22.1406, establishing the Strategic Capital Projects Department as a City department in the Administration Code.

Subitem-C: (O-2023-40) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 1, 2022 Introduction of an Ordinance amending Chapter 2, Article 2, Division 18 of the San Diego Municipal Code by amending Section 22.1801(b), relating to City departments.

Committee Actions Taken:

This item was heard at the Rules Committee meeting on September 21, 2022.

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

VOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Cate-yea, Campillo-yea.

Department of Finance: Jay M. Goldstone, (619) 235-5806 City Attorney Contact: David Karlin
COUNCIL ACTION: Start Time: 10:07 AM
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, October 18, 2022
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 51: Construction Contract Extension (K-17-1191-DBB-3) With Newest Construction, Inc for the Construction of La Jolla Country Club Reservoir & Pump Station & Sole Source Agreement Amendment for Harris & Associates (H&A) in Support of the La Jolla Country Club (LJCC) Reservoir & Pump Station Project.

Total Estimated Cost of Proposed Action and Funding Source:

1. This request is for the extension of Construction Contract (K-17-1191-DBB-3) with Newest Construction, Inc, for two (2) years, until October 12, 2024 at no cost increase for the remaining construction.

2. This request is to authorize execution of a Sole Source Agreement Amendment for Harris & Associates to extend the contract time by twenty-four months for additional professional design and construction support services.

Council District(s) Affected: 1.

Proposed Actions:

Adopt the following Ordinances which were introduced on 10/3/2022, Item 601, Subitem A and Subitem B (Council voted 7-0, Councilmember Cate, Councilmember Moreno-not present):

Subitem-A: (O-2023-46) ADOPTED AS ORDINANCE O-21547 (New Series) Ordinance authorizing extension of the obligations of the construction contract with Newest Construction, Inc. through October 12, 2024 in connection with the La Jolla Country Club Reservoir and Pump Station Project.

Subitem-B: (O-2023-47) ADOPTED AS ORDINANCE O-21548 (New Series) Ordinance authorizing the Mayor, or his designee, to execute the Second Amendment to the contract with Harris and Associates, extending the contract through June 30, 2024, in connection with the La Jolla Country Club Reservoir and Pump Station Project. 6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, October 18, 2022
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.

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Stephen Whitburn.

Passed by the following vote:

Item 52: First Amendments to the As-Needed Civil Engineering Design Consultant Agreements with Dokken Engineering (H176826), Parsons Transportation Group (H176827), Rick Engineering Company (H176828), Nasland Engineering, Inc. (H176829) and Psomas (H176830).

Total Estimated Cost of Proposed Action and Funding Source:

These amendments will extend contract duration only and do not have associated fiscal considerations.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 10/3/2022, Item 602, Subitem A, Subitem B, Subitem C, Subitem D, and Subitem E (Council voted 7-0, Councilmember Cate, Councilmember Moreno-not present)
Subitem-A: (O-2023-49) ADOPTED AS ORDINANCE O-21549 (New Series) Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, October 18, 2022
Ordinance authorizing the Mayor, or his designee, to execute a First Amendment to an asneeded agreement with Dokken Engineering to extend the contract duration from 60 months to 96 months to complete tasks.
6 votes required pursuant to Charter Section 99.

Subitem-B: (O-2023-50) ADOPTED AS ORDINANCE O-21550 (New Series) Ordinance authorizing the Mayor, or his designee, to execute a First Amendment to an asneeded agreement with Parsons Transportation Group to extend the contract duration from 60 months to 108 months to complete tasks.
6 votes required pursuant to Charter Section 99.

Subitem-C: (O-2023-51) ADOPTED AS ORDINANCE O-21551 (New Series) Ordinance authorizing the Mayor, or his designee, to execute a First Amendment to an asneeded agreement with Rick Engineering Company to extend the contract duration from 60 months to 96 months to complete tasks.
6 votes required pursuant to Charter Section 99.

Subitem-D: (O-2023-52) ADOPTED AS ORDINANCE O-21552 (New Series) Ordinance authorizing the Mayor, or his designee, to execute a First Amendment to an asneeded agreement with Nasland Engineering, Inc. to extend the contract duration from 60 months to 96 months to complete tasks.
6 votes required pursuant to Charter Section 99.

Subitem-E: (O-2023-53) ADOPTED AS ORDINANCE O-21553 (New Series) Ordinance authorizing the Mayor, or his designee, to execute a First Amendment to an asneeded agreement with Psomas to extend the contract duration from 60 months to 96 months to complete tasks.
6 votes required pursuant to Charter Section 99.

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.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, October 18, 2022
Engineering & Capital Projects: Carrie Purcell, (619) 533-5124 City Attorney Contact: Dana C. Fairchild
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Stephen Whitburn.

Passed by the following vote:

Item 53: Third Amendment to Bentley Systems Contract for Computer Aided Drafting Design (CADD) Application Services.

Total Estimated Cost of Proposed Action and Funding Source:

This item authorizes expenditures of $1,123,831 over one year from various funds including the General Fund.

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 10/3/2022, Item 603 (Council voted 6-2, Council President Pro Tem Montgomery Steppe, Campillo-nay, Councilmember Moreno-not present) (O-2023-55 Rev. Copy) ADOPTED AS ORDINANCE O-21554 (New Series) Second reading of an Ordinance authorizing the Mayor, or his designee, to execute Third Amendment to the Contract with Bentley Systems, Inc. extending the Contract through June 30, 2023, in connection with the Computer Aided Drafting Design application services. 6 Votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, October 18, 2022
Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on September 14, 2022.

ACTION: Motion by Chair Cate, second by Vice Chair Elo-Rivera, to forward to Council without recommendation.

VOTE: 2-1; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-nay, Moreno-not present.

Engineering & Capital Projects: Mark Gonzalez, (619) 533-4180 City Attorney Contact: Dana C. Fairchild
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. (Campillo moved the Consent Agenda, but voted nay on Item 53.) Second by Stephen Whitburn.

Passed by the following vote:

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

Item 54: Approve an Agreement with Rotorcraft Support Inc. for Parts and As-Needed Maintenance Services for Fire-Rescue Helicopters.

Total Estimated Cost of Proposed Action and Funding Source:

The contract is for parts and services not-to-exceed $1,000,000, annually plus escalation over a 10-year period (the term is 5 years plus five (5) one (1) year options). Therefore, the total contract not-to-exceed amount is $10,400,000 if all option years are exercised. These costs are budgeted within the Fire-Rescue Department’s annual operating budget.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, October 18, 2022
Proposed Actions:

Adopt the following Ordinance which was amended on 10/3/2022, Item 604, (Council voted 7-0, Councilmember Cate, Councilmember Moreno-not present)
(O-2023-45) ADOPTED AS ORDINANCE O-21555 (New Series)
Ordinance authorizing the Mayor, or his designee, to enter into an Agreement with Rotorcraft Support Inc., in an amount not-to-exceed $10,400,000, to provide helicopter original equipment manufacturer parts and as-needed helicopter maintenance services. 6 votes required pursuant to Charter Section 99.

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 move the consent agenda with the following revision to the proposed action in Item 1:

1. Approve an ordinance authorizing the Mayor, or his designee, to execute, for and on behalf of the City, a five-year agreement with five additional one-year options to renew, with Rotorcraft Support, Inc. for parts and as-needed helicopter maintenance services for an amount not-toexceed $10,400,000.

2. Approve an ordinance authorizing the Chief Financial Officer to expend funds in an amount not-to-exceed $10,400,000 from the General Fund, Fund 100000, Fire-Rescue Business Area 1912, over the potential ten-year term of the agreement for parts and as-needed helicopter maintenance services, contingent upon the adoption of the Annual Appropriations Ordinance for the applicable fiscal year, and contingent upon the Chief Financial Officer first furnishing a certificate certifying that funds necessary for expenditure are, or will be, on deposit with the City Treasurer.

VOTE: 3-0; Montgomery Steppe-yea, von Wilpert-yea, Campillo-yea.

Fire-Rescue: Christopher Webber, Assistant Fire Chief, (858) 573-4401 City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, October 18, 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 55: Awarding a Contract to Sillman Wright Architects (SILLMAN) for Professional Design and Construction Support Services for the Public Utilities Department, Environmental Monitoring and Technical Services NTC Laboratory Remodel and NTC Lab Solar Implementation Project (H2125840).

Total Estimated Cost of Proposed Action and Funding Source:

The cost of this agreement is not-to-exceed $2,411,734, for a term of 109 months. The agreement will be funded by Metro Sewer Capital Improvement Program.

Council District(s) Affected: 2.

Proposed Actions:

Adopt an Ordinance which was introduced on 10/3/2022, Item 616, Subitem B (Council voted 7- 0, Councilmember Cate, Councilmember Campillo-not present) (O-2023-54) ADOPTED AS ORDINANCE O-21556 (New Series)
Ordinance authorizing the Mayor, or his designee, to enter into an Agreement with Sillman Wright Architects, in an amount not to exceed $2,411,734, to provide professional design and engineering support services, related to the EMTS NTC Laboratory Remodel and NTC Laboratory Solar Implementation Project.
6 votes required pursuant to Charter Section 99.

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.

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Dana C. Fairchild
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, October 18, 2022
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 56: Determination of Collective Bargaining Matters Related to Proposed Implementation Ordinance for the Commission on Police Practices and Proposed Amended Interim Standard Operating Procedures.

Total Estimated Cost of Proposed Action and Funding Source:

There is no fiscal impact for this item.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 10/3/2022, Item 635, Subitem B (Council voted 8-0, Councilmember Moreno-not present)
(O-2023-57) ADOPTED AS ORDINANCE O-21557 (New Series)
Ordinance amending Chapter 2, Article 6, Division 11 of the San Diego Municipal Code by retitling Division 11; by retitling and amending sections 26.1101, 26.1102, 26.1103, 26.1104,

26.1105, and 26.1106; and by adding new sections 26.1107, 26.1108, 26.1109, 26.1110,

26.1111, 26.1112, 26.1113, 26.1114, and 26.1115, relating to implementation of the Commission on Police Practices.

Committee Actions Taken: N/A
Human Resources: Dianne Mitra, (619) 533-6539
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, October 18, 2022
Passed by the following vote:

Item 100: Accept Grant Award of $2,500,000 from the County of San Diego for the Come Play Outside/Parks After Dark Program.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the acceptance of a $2,500,000 grant from the County of San Diego to support the Come Play Outside/Parks After Dark program. Grant provides reimbursement of up to $500,000 per fiscal year for five years.

Council District(s) Affected: 4, 7, 8, 9.

Proposed Actions:
(R-2023-186) ADOPTED AS RESOLUTION R-314397
Resolution accepting a donation of up to $2,500,000 total over five years from San Diego County Health and Human Services Agency Behavioral Health Services-Children Youth and Families for the purpose of funding the Parks and Recreation Department Come Play Outside/Parks After Dark Program, and for all related actions.

Committee Actions Taken: N/A
Parks & Recreation: Sarah Erazo, (619) 740-1627
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, October 18, 2022
Item 101: Adopting an Amended Conflict of Interest Code for the Communications Department.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-181) ADOPTED AS RESOLUTION R-314398
Resolution of the City Council of the City of San Diego adopting an amended Conflict of Interest Code for the Communications Department.

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

Committee Actions Taken: N/A
Communications: Nicole Darling, (619) 236-7064
City Attorney Contact: Jose A Garcia Jr.

COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 102: Adopting an Amended Conflict of Interest Code for the Department of Information Technology.

Total Estimated Cost of Proposed Action and Funding Source:

No cost associated with this action item.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, October 18, 2022
Proposed Actions:
(R-2023-166) ADOPTED AS RESOLUTION R-314399
Resolution of the Council of the City of San Diego Adopting an Amended Conflict of Interest Code for the Department of Information Technology.

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

Committee Actions Taken: N/A
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Jose Garcia
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 103: Approval of the Amended Master Records Schedule.

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

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-154) RETURNED TO STAFF
Resolution approving an Amended Citywide Master Records Schedule.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, October 18, 2022
Committee Actions Taken:

This item was heard at the Rules Committee meeting on September 21, 2022.

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

VOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Cate-yea, Campillo-yea.

Office of the City Clerk: Elizabeth Maland, (619) 533-4080 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
Item 104: Reappointment to the Balboa Park Committee.

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:
(R-2023-184) ADOPTED AS RESOLUTION R-314400
Resolution confirming the Mayor's reappointment of William Aaron, Jr., to the Balboa Park Committee for a term ending March 1, 2024.

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 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, October 18, 2022
Not Present: Vivian Moreno.

Item 105: Appointment to the Park and Recreation Board.

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:
(R-2023-77) ADOPTED AS RESOLUTION R-314401
Resolution confirming the Mayor's appointment of René Smith to the Park and Recreation Board for a term expiring on March 1, 2024.

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

Passed by the following vote:

Item 106: Appointments to the Privacy 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, 2, 4, 6.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, October 18, 2022
Proposed Actions:
(R-2023-185) ADOPTED AS RESOLUTION R-314402
Resolution confirming the Mayor's appointments of Ike Anyanetu, Dr. Mihir Bellare, and Dr. R.

Lee Brown for terms ending March 15, 2023, and Taura Gentry Kelso, Dr. Cid Martinez, and Pegah Parsi for terms ending March 15, 2024, to the Privacy Advisory Board.

Passed by the following vote:

Item 330: SDG&E 2022 Presentation on Gas & Electric Rates.

Total Estimated Cost of Proposed Action and Funding Source: N/A This item is for information only.

Council District(s) Affected: Citywide.

Proposed Actions: N/A

ITEM PRESENTED
Committee Actions Taken: N/A
Sustainability and Mobility: Heather Werner, (858) 492-5082 COUNCIL ACTION: Start Time: 2:18 PM
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, October 18, 2022
Item 331: Correct a Certain Finding to Reflect City Council’s Approval of the DDA of the Tailgate Park Site.

Total Estimated Cost of Proposed Action and Funding Source:

This action is limited to correcting a certain finding for approval of a DDA previously approved by City Council. No financial considerations are associated with this specific action.

Council District(s) Affected: 3.

Proposed Actions:
(R-2023-135) ADOPTED AS RESOLUTION R-314405
Resolution of the Council of the City of San Diego correcting a certain finding for approval of the Disposition and Development Agreement of the Tailgate Park site in the downtown San Diego community planning area and authorizing an administrative extension of the escrow closing date.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 2:04 PM
Public testimony by Gretchen Newsom, Betsy Brennan, Joy Sunyata, Lori Saldaña, Carol Kim, and Angeli Calinog.

MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

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

Item S500: Somali Bantu Association of America Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, October 18, 2022
Proclaiming October 18, 2022, as “Somali Bantu Association of America Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 3:32 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S501: Lieutenant Colonel Gregory S. (Scott) Rooker Day.

COUNCILMEMBER CATE'S RECOMMENDATION:

APPROVED
Proclaiming November 3, 2022, as “Lieutenant Colonel Gregory S. (Scott) Rooker Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 3:32 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S502: Andrés Bonifacio Samahan Student Organization of San Diego State University Day.

MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM

MONTGOMERY STEPPE, COUNCILMEMBER CAMPBELL, AND COUNCILMEMBER CATE'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, October 18, 2022
Proclaiming November 12, 2022, to be “Andrés Bonifacio Samahan Student Organization of San Diego State University Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 3:32 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Item S503: Authorization to Execute a Cooperative Procurement Contract with South Coast Fire Equipment Incorporated for the Purchase of Pierce Manufacturing, Inc. (a Subsidiary of Oshkosh Corporation), Firefighting Apparatus and Fire Service Vehicles.

Total Estimated Cost of Proposed Action and Funding Source:

Total cost of this Cooperative Contract is not-to-exceed $70M for a term extending through February 10, 2026, with up to an additional one (1) year extension. Funding is or will be available from the Vehicle Replacement Funds.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-190) ADOPTED AS RESOLUTION R-314403
Resolution authorizing the Mayor, or his designee, to execute a Cooperative Procurement Contract with South Coast Fire Equipment Incorporated for the purchase of Pierce Manufacturing Inc. Firefighting Apparatus and Fire Service Vehicles as-needed, in an amount not-to-exceed $70,000,000, for a term extending through February 10, 2026, with an option to extend for one additional year, and related funding actions.

Committee Actions Taken: N/A
Department of General Services: Donny Nguyen, (619) 527-7594 City Attorney Contact: Markecia Simmons
COUNCIL ACTION: Start Time: 10:29 AM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, October 18, 2022
Passed by the following vote:

Item S504: Budget Revisions to Torrey Pines Fire Station Capital Improvements Program (CIP) Project (S19003) to Fund Purchase of Electric Fire Engine and EV Charging Infrastructure.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the increase of the Torrey Pines Fire Station CIP (S19003) Budget in the amount of $2,500,000, using General Fund Commercial Paper for a total project budget of $23,056,000.

Council District(s) Affected: 1.

Proposed Actions:
(R-2023-192) ADOPTED AS RESOLUTION R-314404
Resolution to authorize an increase to the Capital Improvement Program Budget for the Torrey Pines Fire Station and to appropriate and expend $2,500,000 from Fund 400881, Debt Funded General Fund CIP Projects, for the purpose of purchasing an electric fire engine and charging infrastructure.

Committee Actions Taken: N/A
Fire-Rescue: James Gaboury, Deputy Fire Chief, (858) 573-1359 City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:38 AM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, October 18, 2022
NOTE: The following Proclamation was NOT presented in Council Chambers.

Item S505: Support the Enlisted Project Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming October 27, 2022, as “Support the Enlisted Project Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 3:32 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

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: 3:37 PM

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:38 p.m.

COUNCIL ACTION: Start Time: 3:38 PM
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, October 18, 2022
_________________________________________
Elizabeth S. Maland, City Clerk
City of San Diego

San Diego City CouncilOctober 18, 2022

San Diego City Council
October 18, 2022