Minutes — San Diego City Council, November 1, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, NOVEMBER 1, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................5 ATTENDANCE DURING THE MEETING.....................................................................................................................5 ROLL CALL...........................................................................................................................................................................5 PLEDGE OF ALLEGIANCE ...............................................................................................................................................6 CLOSED SESSION .............................................................................................................................................................6 NON-AGENDA PUBLIC COMMENT...........................................................................................................................7 MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT 9 SPECIAL ORDERS OF BUSINESS..................................................................................................................................9 Item 30: Transforming Trauma Day.......................................................................................................................10 Item 31: Wesley House Student Residence Day...............................................................................................10 Item 32: ArtReach Day ................................................................................................................................................11 Item 33: Assistant Fire Chief Chris Webber Day ...............................................................................................11 Item 34: International LGS Awareness Day.........................................................................................................12 Item 50: Authorization to Enter into a Five-Year Agreement with Life Technologies Corporation for Forensic DNA Testing Materials and Post-Warranty Instrument Maintenance .............................12 Item 51: Approval of the First Amendment to the CALNET Legacy Cooperative Procurement Contract Between the City of San Diego and AT&T Corporation for the Provision of Telecommunications, Voice, and Data Services.................................................................................................13 Minutes of Tuesday, November 1, 2022 Page 2
Table of Contents (Continued)
Item 52: Drinking Water State Revolving Fund Loans to the Water System for Morena Pipeline and Alvarado 2nd Extension Pipeline Projects ...................................................................................................15 Item 53: Exemption of Two Program Coordinator Positions in the Office of the Commission on Police Practices ...............................................................................................................................................................16 Item 54: Exemption of Two (2) Program Coordinator Positions in the Chief Operating Officer’s Office from the Classified Service............................................................................................................................17 Item 55: 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.....................................................................................................................................................18 Item 56: Amendments to Non-Exclusive Solid Waste Collection Franchise Agreements................19 Item 57: Authorization for the Public Facilities Financing Authority of the City of San Diego 2023A Water Revenue Bonds....................................................................................................................................20 Item 58: 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.............................................................................................22 Item 59: La Jolla Commons III Rezone - Project No. 698279.......................................................................23 Item 60: Approval of a Memorandum of Understanding Regarding the Design, Environmental Review, Permitting, and Potential Construction of the Fenton Parkway Bridge ...................................24 Item 61: 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...........................................................................25 Item 62: Second Amendment to the Agreement with GHD Inc. for the Design of Otay 1st & 2nd Pipelines - West of Highland Ave Project ............................................................................................................27 Item 100: Acceptance of Retention of Legal Services by San Diego Gas & Electric for the City of San Diego under the June 8, 2021 Franchise Agreement and Related Waivers [Sawan Guzman v.

City of San Diego, San Diego Gas and Electric, SDSC Case No. 37-2022-00020171-CU-PO-CTL, Risk Claim No. 29075] ..................................................................................................................................................28 Minutes of Tuesday, November 1, 2022 Page 3
Table of Contents (Continued)
Item 101: Approval of Agreement for Clean SD Services with Urban Corps of San Diego County Inc.........................................................................................................................................................................................29 Item 102: Compensation Agreement with Civic San Diego for the Construction of the Lyceum Theatre Renovation Project in the Downtown Community Plan Area......................................................30 Item 103: Adopting the 2023 Legislative Calendar and FY 2024 Budget Development and FY 2023 Budget Monitoring Key Dates .......................................................................................................................31 Item 104: This item was removed from the agenda .......................................................................................32 Item 105: Authorization to Enter into a Five-Year Contract with MYF Holdings, LLC, dba Crownair Aviation for Jet A Turbine Fuel for the Police and Fire-Rescue Departments Air Support Units (ITB 10089895-23-B) .........................................................................................................................................32 Item 106: Adopting an Amended Conflict of Interest Code for the Office of the Chief Financial Officer.................................................................................................................................................................................33 Item 107: Conflict of Interest Code for the Homelessness Strategies and Solutions Department ...............................................................................................................................................................................................34 Item 108: Adopting an Amended Conflict of Interest Code for the Development Services Department......................................................................................................................................................................35 Item 109: Adopting an Amended Conflict of Interest Code for the Parks and Recreation Department......................................................................................................................................................................36 Item 110: Adopting an Amended Conflict of Interest Code for the Board of Building Appeals and Advisors ....................................................................................................................................................................37 Item 111: Adopting an Amended Conflict of Interest Code for the Office of the City Treasurer .38 Item 112: Adopting an Amended Conflict of Interest Code for the Office of the City Clerk ......39 Item 113: Settlement of Indemnity Co. of CA v. City of San Diego Coordinated with ICC v. APR Construction, Inc., San Diego Superior Court Case Nos. 37-2019-00007351 and 37-2018- 00010633; Risk No. 13794 ..........................................................................................................................................40 Item 114: Settlement of Bianca Ruffino v. City of San Diego, San Diego Superior Court Case No. 37-2020-00027052-CU-PO-CTL, Risk Claim No. 24040..................................................................................40 Minutes of Tuesday, November 1, 2022 Page 4
Table of Contents (Continued)
Item 115: Settlement of Adele Piliszek v. City of San Diego, et al, San Diego Superior Court Case No. 37-2018-00057178-CU-PO-CTL, Risk No. 19660......................................................................................41 Item 116: Settlement of Congregation Beth El of La Jolla v City of San Diego, San Diego Superior Court Case No. 37-2020-00045897-CU-PO-CTL, Risk Claim No. 24768 ...............................42 Item 117: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized Employee Organizations ...............................................................43 Item 118: This Action Declares a Continued State of Local Emergency in the City of San Diego in Response to COVID-19, First Proclaimed by the Mayor on March 12, 2020, and Ratified by the City Council on March 17, 2020 ...............................................................................................................................44 Item 119: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico ..............................................................................................................45 Item 330: First Amendment to Contract between the City of San Diego and Burke, Williams & Sorensen, LLP, to Provide Additional Labor Negotiation Consultant Services......................................45 Item 331: FY 2024 City Council Budget Priorities.............................................................................................46 Item 332: T-Mobile A Street Project Appeal - Project No. 687321 ...........................................................47 Item 333: Cass Street Vacation – Project No. 659043 ....................................................................................49 Item S500: Third Amendment to Agreement with C&S Engineers, Inc (H166649) for Airport Master Plan Studies for Montgomery-Gibbs Executive and Brown Field Airports ..............................50 Item S501: Confirming the Appointment and Salary of City Manager (Chief Operating Officer) for the City of San Diego ............................................................................................................................................51 Item S502: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953...............................................................................52 Item S503: Fiscal Year 2022 Year-End Financial Performance Report......................................................53 Item S504: Performance Audit of the Development Services Department’s Code Enforcement Division ..............................................................................................................................................................................53 Item S505: Performance Audit of Workplace Safety and Workers’ Compensation............................54 REPORT OUT FROM CLOSED SESSION.................................................................................................................55 Minutes of Tuesday, November 1, 2022 Page 5
Table of Contents (Continued)
ADJOURNMENT .............................................................................................................................................................55 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, November 1, 2022
CHRONOLOGY OF THE MEETING:

The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 11:05 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:02 p.m. with Councilmember Moreno not present. Councilmember Campillo left the meeting at 4:59 p.m. Councilmember Cate left the meeting at 5:15 p.m. The meeting was adjourned by Council President Elo-Rivera at 5:27 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)
*NOTE: Councilmember Campillo participated in the meeting by teleconference.

ROLL CALL
(1) Councilmember LaCava-not present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, November 1, 2022
(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
The Pledge of Allegiance was led by Council President Pro Tem Montgomery Steppe.

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

CS-1 Jonathan Sammartino v. City of San Diego
San Diego Superior Court Case No. 37-2016-00004853-CU-NP-CTL Risk Management Department Claim File No. 11540
REFERRED TO CLOSED SESSION OF TUESDAY, NOVEMBER 1, 2022 CDCA Assigned: S. J. Plotkin-Wolff
Outside Counsel: D. Ebner, Springel & Fink, LLP
This case arises from a bicycle accident that occurred as a result of an alleged dangerous condition on 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: 10:42 AM
Public testimony by Lori Saldaña.

Council President Elo-Rivera closed the hearing.

CS-2 Hugh Ward, et al. v. City of San Diego
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, November 1, 2022
San Diego Superior Court Case No. 37-2021-00001323-CU-EI-CTL Risk Management Department Claim File No. 21444
REFERRED TO CLOSED SESSION OF TUESDAY, NOVEMBER 1, 2022 DCA Assigned: B. P. Syz
This item involves litigation related to a January 2019 rupture of a water supply pipeline owned by the City of San Diego. The pipeline rupture allegedly caused damage to Plaintiffs’ real and personal property. The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.

COUNCIL ACTION: Start Time: 10:42 AM
Council President Elo-Rivera closed the hearing.

CS-3 Diane Lloyd v. City of San Diego
San Diego Superior Court Case No. 37-2021-00048939-CU-PO-CTTL Risk Management Department Claim File No. 27270
REFERRED TO CLOSED SESSION OF TUESDAY, NOVEMBER 1, 2022 DCA Assigned: D. E. Abad
Plaintiff claims she sustained injuries as a result of an alleged dangerous condition in the roadway located in front of 5064 Clairemont Drive. The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.

COUNCIL ACTION: Start Time: 10:42 AM
Public testimony by Lori Saldaña.

Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, November 1, 2022
Bob Kuczewski commented on Torrey Pines Gliderport.

COUNCIL ACTION: Start Time: 10:46 AM
PUBLIC COMMENT-2:

Toya Hasia-Welch commented on CVC 40207 violation (parking).

COUNCIL ACTION: Start Time: 10:48 AM
PUBLIC COMMENT-3:

Bonnie Anderson commented on having a problem with Code Compliance inspector.

COUNCIL ACTION: Start Time: 10:50 AM
PUBLIC COMMENT-4 (virtual):

Lori Saldaña commented on parking signs being altered at construction sites in downtown.

COUNCIL ACTION: Start Time: 10:53 AM
PUBLIC COMMENT-5 (virtual):

Blair Beekman commented on tenants’ rights and uniting communities.

COUNCIL ACTION: Start Time: 10:55 AM
PUBLIC COMMENT-6 (virtual):

Peggy Walker commented on fentanyl drug use.

COUNCIL ACTION: Start Time: 10:57 AM
PUBLIC COMMENT-7 (virtual):

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, November 1, 2022
Joy Sunyata commented on Congressman Scott Peters for his work on Tijuana, Mexico sewage issues; and Father Joe’s grants to help unsheltered people.

COUNCIL ACTION: Start Time: 11:00 AM
PUBLIC COMMENT-8 (virtual):

Becky Rapp commented on Hearing Officer meeting regarding Marijuana advocate in Ranch Bernardo.

COUNCIL ACTION: Start Time: 11:01 AM
PUBLIC COMMENT-9 (virtual):

Judy Strang commented on smoke free multi-unit housing apartments condo policy.

COUNCIL ACTION: Start Time: 11:03 AM

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

SPECIAL ORDERS OF BUSINESS
None.

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

Item 30: Transforming Trauma Day
COUNCIL PRESIDENT ELO-RIVERA’S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, November 1, 2022
Proclaiming November 10, 2022, to be “Transforming Trauma Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

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

Item 31: Wesley House Student Residence Day
COUNCIL PRESIDENT ELO-RIVERA’S RECOMMENDATION:

APPROVED
Proclaiming November 17, 2022, to be “Wesley House Student Residence Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 32: ArtReach Day
COUNCILMEMBER WHITBURN'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, November 1, 2022

APPROVED
Proclaiming November 1, 2022, to be “ArtReach Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 33: Assistant Fire Chief Chris Webber Day
MAYOR GLORIA AND COUNCILMEMBER CATE'S RECOMMENDATION:

APPROVED
Proclaiming November 1, 2022, as “Assistant Fire Chief Chris Webber Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 34: International LGS Awareness Day
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, November 1, 2022

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

APPROVED
Proclaiming November 1, 2022, to be “International LGS Awareness Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:18 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 50: Authorization to Enter into a Five-Year Agreement with Life Technologies Corporation for Forensic DNA Testing Materials and Post-Warranty Instrument Maintenance.

Total Estimated Cost of Proposed Action and Funding Source:

The total not-to-exceed amount over a 5-year term is $2,795,000 from the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-65) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 15, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into an Agreement with Life Technologies Corporation, in an amount not to exceed $2,795,000, to provide forensic DNA testing materials and post-warranty instrument maintenance. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, November 1, 2022
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on October 6, 2022.

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

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

Police: Shawn Montpetit, (619) 531-2817
City Attorney Contact: Jill S. Cristich
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 51: Approval of the First Amendment to the CALNET Legacy Cooperative Procurement Contract Between the City of San Diego and AT&T Corporation for the Provision of Telecommunications, Voice, and Data Services.

Total Estimated Cost of Proposed Action and Funding Source:

Total cumulative not-to-exceed amount over the full term of the agreement (inclusive of option years) is $21,083,000, to be paid from both General and Enterprise funds, as needed.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-68) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 15, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Contract with AT&T Corporation for the provision of telecommunications, Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, November 1, 2022
voice, and data services, to increase the not-to-exceed amount from $3,000,000 to $21,083,000, and to allow the City to use the services beyond five years, through June 30, 2029. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on October 19, 2022.

ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.

VOTE: 3-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-not present.

Department of Information Technology: Shawn Killpack, (619) 533-3059 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 52: Drinking Water State Revolving Fund Loans to the Water System for Morena Pipeline and Alvarado 2nd Extension Pipeline Projects.

Total Estimated Cost of Proposed Action and Funding Source:

See Staff Report for fiscal considerations.

Council District(s) Affected: 2, 7.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, November 1, 2022
Subitem-A: (O-2023-66) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 15, 2022 Introduction of an Ordinance authorizing financing from the State Water Resources Control Board in a principal amount that is currently expected not to exceed $60 million through the Drinking Water State Revolving Fund and related actions in connection with the Morena Pipeline.

Subitem-B: (O-2023-69) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 15, 2022 Introduction of an Ordinance authorizing financing from the State Water Resources Control Board in a principal amount that is currently expected not to exceed $150 million through the Drinking Water State Revolving Fund and related actions in connection with the Alvarado Second Extension Pipeline.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on October 19, 2022.

ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.

VOTE: 3-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-not present.

Debt Management: Allison Falkenstein, (619) 533-4516
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, November 1, 2022
Item 53: Exemption of Two Program Coordinator Positions in the Office of the Commission on Police Practices.

Total Estimated Cost of Proposed Action and Funding Source:

These two Program Coordinator positions are budgeted for $243,749 in the Fiscal Year 2023 Adopted Budget and will come out of the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-56) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 15, 2022 Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Office of the Commission on Police Practices from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on September 1, 2022.

These positions will be responsible for serving as independent investigators for select officerinvolved shootings, in-custody deaths, and other significant incidents reported to the Office of the Commission on Police Practices. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Office of the Commission on Police Practices: Sharmaine Moseley, (619) 249-1519 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 54: 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 18 for the Regular Meeting of Tuesday, November 1, 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:

Adopt the following Ordinance which was introduced on 10/11/2022, Item 50 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-43) ADOPTED AS ORDINANCE O-21558 (New Series)
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: 10:06 AM

CONSENT MOTION BY MARNI VON WILPERT 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 19 for the Regular Meeting of Tuesday, November 1, 2022
Item 55: 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.

Proposed Actions:

Adopt the following Ordinance which was introduced on 10/11/2022, Item 60, Subitem B (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-58) ADOPTED AS ORDINANCE O-21559 (New Series)
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: 10:06 AM
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, November 1, 2022

CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 56: Amendments to Non-Exclusive Solid Waste Collection Franchise Agreements.

Total Estimated Cost of Proposed Action and Funding Source:

Please see staff report for fiscal considerations.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 10/10/2022, Item 200 (Council voted 8- 0, Councilmember Moreno-not present):
(O-2023-59) ADOPTED AS ORDINANCE O-21560 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute amendments to the Class I and Class II Non-Exclusive Franchise Agreements for Solid Waste Management Services. 6 votes required pursuant to Charter Section 103.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on March 17, 2022.

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

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

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, November 1, 2022
Environmental Services: Ken Prue, (858) 492-5085
City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 57: 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:

Adopt the following Ordinance which was introduced 10/11/2022, Item 330 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-28) ADOPTED AS ORDINANCE O-21561 (New Series)
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 22 for the Regular Meeting of Tuesday, November 1, 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
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 58: 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:

Adopt the following Ordinance which was introduced on 10/11/2022, Item 333 (Council voted 8- 0, Councilmember Moreno-not present):

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, November 1, 2022
(O-2023-13) ADOPTED AS ORDINANCE O-21562 (New Series)
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.

Committee Actions Taken: N/A
Personnel: Douglas Edwards, (619) 236-6155
City Attorney Contact: David Karlin
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 59: La Jolla Commons III Rezone - Project No. 698279.

Total Estimated Cost of Proposed Action and Funding Source:

Costs associated with this project will be paid by the applicant through a deposit account.

Council District(s) Affected: 1.

Proposed Actions:

Adopt the following Ordinance which was introduced on 10/17/2022, Item 200, Subitem A (Council voted 8-0, Moreno-not present):
(O-2023-60) ADOPTED AS ORDINANCE O-21563 (New Series)
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, November 1, 2022
Ordinance changing 17 acres located at 4707, 4727, 4747, 4750 and 4757 Executive Drive, within the University Community Plan Area, in The City of San Diego, California, from the CV-1-2 Zone into the CO-3-1 Zone, as defined by San Diego Municipal Code section 131.0505; and repealing Ordinance No. O-13455 (Old Series), adopted February 15, 1932, of the ordinances of the City of San Diego insofar as the same conflicts herewith.

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

Committee Actions Taken: N/A
Development Services: Oscar Galvez, (619) 446-5237
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 60: Approval of a Memorandum of Understanding Regarding the Design, Environmental Review, Permitting, and Potential Construction of the Fenton Parkway Bridge.

Total Estimated Cost of Proposed Action and Funding Source:

Please see the fiscal considerations section of the Staff Report.

Council District(s) Affected: 7.

Proposed Actions:

City staff and California State University (CSU), acting on behalf of San Diego State University (SDSU), have negotiated a Memorandum of Understanding (MOU) regarding the Fenton Parkway Bridge pursuant to the terms of the Purchase and Sale Agreement (PSA) for the San Diego State University Mission Valley Campus Master Plan (“SDSU Mission Valley”) located in the Mission Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, November 1, 2022
Valley Community Planning area of the City. This MOU establishes a protocol for preparing the necessary California Environmental Quality Act (CEQA) environmental documents and carrying out the design and potential construction of the Fenton Parkway Bridge (Project).

Adopt the following Ordinance which was introduced on 10/17/2022, Item 201, Subitem B (Council voted 8-0, Moreno-not present):
(O-2023-44) ADOPTED AS ORDINANCE O-21564 (New Series)
Ordinance authorizing the Mayor, or designee, to enter into a Memorandum of Understanding with California State University establishing the protocol for preparing necessary CEQA environmental documents and carrying out the design and potential construction of the Project.

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.

Engineering & Capital Projects: James Nagelvoort, (619) 533-5100 City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.

Passed by the following vote:

Item 61: 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.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, November 1, 2022
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:

Adopt the following Ordinances which were introduced on 10/18/2022, Item 50, Subitem A, Subitem B, Subitem C (Council voted 8-0, Councilmember Moreno-not present):

Subitem-A: (O-2023-42) ADOPTED AS ORDINANCE O-21565 (New Series) 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. 6 votes required pursuant to Charter Section 26.

Subitem-B: (O-2023-41) ADOPTED AS ORDINANCE O-21566 (New Series) 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.
6 votes required pursuant to Charter Section 26.

Subitem-C: (O-2023-40) ADOPTED AS ORDINANCE O-21567 (New Series) Ordinance amending Chapter 2, Article 2, Division 18 of the San Diego Municipal Code by amending Section 22.1801(b), relating to City departments. 6 votes required pursuant to Charter Section 26.

Committee Actions Taken:

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

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, November 1, 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: 10:06 AM

CONSENT MOTION BY MARNI VON WILPERT TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Stephen Whitburn.

Passed by the following vote:

Item 62: Second Amendment to the Agreement with GHD Inc. for the Design of Otay 1st & 2nd Pipelines - West of Highland Ave Project.

Total Estimated Cost of Proposed Action and Funding Source:

The total consultant design cost for this Agreement is $2,120,000.00. Funding was previously authorized from the Otay 1st and 2nd Pipelines West of Highland Avenue Capital Improvement Project, Water Utility CIP Fund, for this purpose. No additional funding for this request.

Council District(s) Affected: 3, 9.

Proposed Actions:

Subitem-A: (R-2023-221) ADOPTED AS RESOLUTION R-314406
Resolution determining that the second amendment to the agreement with GHD Inc. for the Otay 1st And 2nd Pipelines West Of Highland Avenue Project, which extends the agreement through December 31, 2023, is categorically exempt from the California Environmental Quality Act, pursuant to State CEQA Guidelines sections 15302 and 15304.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, November 1, 2022
Subitem-B: (O-2023-71) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 15, 2022 Introduction of an Ordinance authorizing the second amendment to the agreement with GHD Inc. for the Otay 1st And 2nd Pipelines West Of Highland Avenue Project to extend the term of the agreement through December 31, 2023.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on October 12, 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, Campbell-yea, Montgomery Steppe-yea.

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

Passed by the following vote:

Item 100: Acceptance of Retention of Legal Services by San Diego Gas & Electric for the City of San Diego under the June 8, 2021 Franchise Agreement and Related Waivers [Sawan Guzman v.

City of San Diego, San Diego Gas and Electric, SDSC Case No. 37-2022-00020171-CU-PO-CTL, Risk Claim No. 29075].

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, November 1, 2022
Total Estimated Cost of Proposed Action and Funding Source:

Fiscal responsibilities will be borne by SDG&E pursuant to the Franchise Agreement.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-167) RETURNED TO STAFF
Resolution approving the representation and conflict waivers of Wingert Grebing Brubaker & Juskie LLP of the City under the Engagement Agreement entered into between WGBJ and San Diego Gas and Electric Company in the matter of Guzman v. City of San Diego, San Diego Gas and Electric, SDSC Case No. 37-2022-00020171-CU-PO-CTL.

Committee Actions Taken: N/A
Office of the City Attorney: Elizabeth L. Atkins, (619) 533-6508 COUNCIL ACTION: Start Time: 10:06 AM
Item 101: Approval of Agreement for Clean SD Services with Urban Corps of San Diego County Inc.

Total Estimated Cost of Proposed Action and Funding Source:

The total not-to-exceed amount is $22,078,000.00 from the General Fund for the five-year agreement.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-210) ADOPTED AS RESOLUTION R-314407
Resolution determining that execution of the Agreement with Urban Corps of San Diego County, Inc. for Clean San Diego Services is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facility).

Subitem-B: (R-2023-211) ADOPTED AS RESOLUTION R-314408
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, November 1, 2022
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Urban Corps of San Diego County, Inc. for Clean San Diego Services in an amount not to exceed $22,078,000.00, to provide waste removal and abatement services for a period of five (5) years, and for all related actions.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on October 13, 2022.

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

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

Environmental Services: Ken Prue, (858) 492-5085
City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 102: Compensation Agreement with Civic San Diego for the Construction of the Lyceum Theatre Renovation Project in the Downtown Community Plan Area.

Total Estimated Cost of Proposed Action and Funding Source:

Please see the Fiscal Considerations section of the Staff Report.

Council District(s) Affected: 3.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, November 1, 2022
Subitem-A: (R-2023-189) ADOPTED AS RESOLUTION R-314409
Resolution of the Council of the City of San Diego determining that the renovation of the Lyceum Theatre in the downtown community plan area is categorically exempt from the California Environmental Quality Act under guideline section 15301.

Subitem-B: (R-2023-188) ADOPTED AS RESOLUTION R-314410
Resolution of the Council of the City of San Diego authorizing a Compensation Agreement between the City of San Diego and Civic San Diego for construction of the Lyceum Theatre renovation project in the downtown neighborhood community plan area, approving funding, and related actions.

Committee Actions Taken:

This item was head at the Economic Development and Intergovernmental Relations Committee meeting on October 6, 2022.

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

VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 103: Adopting the 2023 Legislative Calendar and FY 2024 Budget Development and FY 2023 Budget Monitoring Key Dates.

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, November 1, 2022
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-2023-213) ADOPTED AS RESOLUTION R-314411
Resolution adopting the 2023 Legislative Calendar and the Fiscal Year 2024 Budget development and Fiscal Year 2023 Budget monitoring key dates.

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: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 104: This item was removed from the agenda.

Item 105: Authorization to Enter into a Five-Year Contract with MYF Holdings, LLC, dba Crownair Aviation for Jet A Turbine Fuel for the Police and Fire-Rescue Departments Air Support Units (ITB 10089895-23-B).

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, November 1, 2022
Total Estimated Cost of Proposed Action and Funding Source:

This action seeks expenditure authority to execute a contract with Crownair Aviation for aircraft Jet A turbine fuel in an amount not-to-exceed $4,972,452 over the total five year term.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-208) ADOPTED AS RESOLUTION R-314412
Resolution authorizing the Mayor, or his designee, to enter into a Contract with MYF Holdings, LLC, dba Crownair Aviation, in an amount not to exceed $4,972,452, to provide Jet A Turbine fuel for the Police Department and Fire-Rescue Department air support units.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on October 6, 2022.

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

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

Police: Jose Luis Romo, (619) 531-2739
City Attorney Contact: Jill S. Cristich
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, November 1, 2022
Item 106: Adopting an Amended Conflict of Interest Code for the Office of the Chief Financial Officer.

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-2023-197) ADOPTED AS RESOLUTION R-314413
Resolution of the Council of the City of San Diego adopting an amended Conflict of Interest Code for the Office of the Chief Financial Officer.

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

Committee Actions Taken: N/A
Department of Finance: Matthew Vespi, (619) 236-6218
City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 107: Conflict of Interest Code for the Homelessness Strategies and Solutions Department.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this item.

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, November 1, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-182) ADOPTED AS RESOLUTION R-314414
Resolution adopting a Conflict of Interest Code for the Homelessness Strategies and Solutions Department and related actions.

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

Committee Actions Taken: N/A
Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 108: Adopting an Amended Conflict of Interest Code for the Development 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-2023-191) ADOPTED AS RESOLUTION R-314415
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, November 1, 2022
Resolution of the Council of the City of San Diego adopting an amended Conflict of Interest Code for the Development Services Department.

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

Committee Actions Taken: N/A
Development Services: Savanah Shick, (619) 533-3111
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 109: Adopting an Amended Conflict of Interest Code for the Parks and Recreation 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-2023-178) ADOPTED AS RESOLUTION R-314416
Resolution adopting an amended Conflict of Interest Code for the Parks and Recreation Department.

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

Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, November 1, 2022
Committee Actions Taken: N/A
Parks & Recreation: Michele Kelley, (619) 533-6446
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 110: Adopting an Amended Conflict of Interest Code for the Board of Building Appeals and Advisors.

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-2023-209) ADOPTED AS RESOLUTION R-314417
Resolution adopting an amended Conflict of Interest Code for the Board of Building Appeals and Advisors.

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

Committee Actions Taken: N/A
Development Services: Ali Fattah, (619) 446-5092
City Attorney Contact: Hilda R. Mendoza
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, November 1, 2022
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 111: Adopting an Amended Conflict of Interest Code for the Office of the City Treasurer.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this item.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-158) ADOPTED AS RESOLUTION R-314418
Resolution adopting an Amended Conflict of Interest Code for the Office of the City Treasurer.

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

Committee Actions Taken: N/A
Office of the City Treasurer: Elizabeth Correia, (619) 236-7157 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Yea: Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera;
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, November 1, 2022
Nay: (None);
Recused: (None);
Not Present: Joe LaCava, Vivian Moreno.

Item 112: Adopting an Amended Conflict of Interest Code for the Office of the City Clerk.

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

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-206) ADOPTED AS RESOLUTION R-314419
Resolution adopting an amended Conflict of Interest Code for the Office of the City Clerk.

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

Committee Actions Taken: N/A
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 113: Settlement of Indemnity Co. of CA v. City of San Diego Coordinated with ICC v. APR Construction, Inc., San Diego Superior Court Case Nos. 37-2019-00007351 and 37-2018- 00010633; Risk No. 13794.

Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, November 1, 2022
Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $185,000.00 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-148) ADOPTED AS RESOLUTION R-314420
Resolution authorizing the settlement of Indemnity Co. of CA v. City of San Diego coordinated with ICC v. APR Construction, Inc., San Diego Superior Court Case Nos. 37-2019-00007351 and 37-2018-00010633, related to damages sustained due to an alleged breach of contract related to the construction of the Central Avenue Mini Park and Skate Park projects. Risk Claim No. 13794.

Committee Actions Taken: N/A
Office of the City Attorney: Jon Taylor, (619) 235-5898 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 114: Settlement of Bianca Ruffino v. City of San Diego, San Diego Superior Court Case No. 37-2020-00027052-CU-PO-CTL, Risk Claim No. 24040.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $170,000 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, November 1, 2022
Proposed Actions:
(R-2023-131) ADOPTED AS RESOLUTION R-314421
Resolution authorizing the settlement of Bianca Ruffino v. City of San Diego, San Diego Superior Court Case No. 37-2020-00027052-CU-PO-CTL, related to a claim for personal injury damages stemming from an electric bicycle accident on June 28, 2019, in Santa Clara Point Park. Risk Claim No. 24040.

Committee Actions Taken: N/A
Office of the City Attorney: Kevin Yee, (619) 533-5697
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 115: Settlement of Adele Piliszek v. City of San Diego, et al, San Diego Superior Court Case No. 37-2018-00057178-CU-PO-CTL, Risk No. 19660.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $250,000 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-172) ADOPTED AS RESOLUTION R-314422
Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, November 1, 2022
Resolution authorizing the settlement of Adele Piliszek v. City of San Diego, et al, San Diego Superior Court Case No. 37-2018-00057178-CU-PO-CTL, related to injuries sustained in a December 2017 bicycle accident on North Torrey Pines Road in La Jolla. Risk Claim No. 19660.

Committee Actions Taken: N/A
Office of the City Attorney: Gary D. Leasure, (619) 533-5883 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 116: Settlement of Congregation Beth El of La Jolla v City of San Diego, San Diego Superior Court Case No. 37-2020-00045897-CU-PO-CTL, Risk Claim No. 24768.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $75,000 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-155) ADOPTED AS RESOLUTION R-314423
Resolution authorizing the settlement of Congregation Beth El of La Jolla v. City of San Diego, San Diego Superior Court Case No. 37-2020-00045897-CU-PO-CTL, related to damages to a parking lot involving a stormwater infiltration in the La Jolla neighborhood in November 2019, in San Diego, California Risk Claim No. 24768.

Committee Actions Taken: N/A
Office of the City Attorney: Danna Nicholas, (619) 533-5873 Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, November 1, 2022
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 117: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized Employee Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

There is no fiscal impact for this item.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-205) ADOPTED AS RESOLUTION R-314424
Resolution designating the City of San Diego's management team for labor negotiations with the City's recognized employee organizations, in accordance with the Meyers-Milias-Brown Act, San Diego Charter, and Council Policy 300-06.

Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, November 1, 2022
Yea: Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Joe LaCava, Vivian Moreno.

Item 118: This Action Declares a Continued State of Local Emergency in the City of San Diego in Response to COVID-19, First Proclaimed by the Mayor on March 12, 2020, and Ratified by the City Council on March 17, 2020.

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

Proposed Actions:
(R-2023-217) ADOPTED AS RESOLUTION R-314425
Resolution declaring a continued state of local emergency regarding the COVID-19 pandemic, pursuant to California Government Code Section 8630.

Committee Actions Taken: N/A
Office of the Mayor: Jessica Lawrence, (619) 236-7156
City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, November 1, 2022
Item 119: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2023-126) ADOPTED AS RESOLUTION R-314426
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Committee Actions Taken: N/A
City Attorney Contact: Noah J. Braziers
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 330: First Amendment to Contract between the City of San Diego and Burke, Williams & Sorensen, LLP, to Provide Additional Labor Negotiation Consultant Services.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the first amendment to the agreement with Burke, Williams & Sorensen, LLP for labor negotiation consultant services, increasing the not-to-exceed amount by $1.0 million for a total not-to-exceed contract amount of $3.0 million, of which $500,000 is expected to be spent in Fiscal Year 2023.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 46 for the Regular Meeting of Tuesday, November 1, 2022
Proposed Actions:
(R-2023-216 COR. COPY) ADOPTED AS RESOLUTION R-314429
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Burke, Williams & Sorenson, LLP for additional labor negotiation consultant services in an amount not-to-exceed $1 million.

Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 5:15 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

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

Item 331: FY 2024 City Council Budget Priorities.

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

Proposed Actions:
(R-2023-214) ADOPTED AS RESOLUTION R-314430
Resolution accepting the Independent Budget Analyst's Fiscal Year 2024 Report on City Council Budget Priorities and directing that the report, along with Councilmember Budget Priority Memoranda, be sent to the Mayor's Office for consideration in preparing the Fiscal Year 2024 Budget.

Minutes of the Council of the City of San Diego Page 47 for the Regular Meeting of Tuesday, November 1, 2022
This item is not subject to the Mayor's veto.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on October 19, 2022.

ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Montgomery Steppe, to direct the Independent Budget Analyst to prepare the FY2024 Budget Priorities Resolution with the City Attorney’s Office and present to the City Council for formal adoption of the FY 2024 Budget Priorities Resolution.

VOTE: 3-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-not present.

Office of the Independent Budget Analyst: Lisa Byrne, (619) 236-5917 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 4:24 PM
MOTION BY CHRIS CATE TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

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

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:

Minutes of the Council of the City of San Diego Page 48 for the Regular Meeting of Tuesday, November 1, 2022
(R-2023-263) DENIED THE APPEAL AND AFFIRMED THE PLANNING COMMISSION’S DECISION TO GRANT PERMITS; ADOPTED AS RESOLUTION R-314431
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; (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: 2:05 PM
Public testimony by Jim Varnadore, Steve Lamprides, Margaretta Hickman, Paul Robinson, and Linda Coffman.

MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT THE RESOLUTION DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION’S DECISION TO APPROVE PLANNED

DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT, AND NEIGHBORHOOD DEVELOPMENT PERMIT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 49 for the Regular Meeting of Tuesday, November 1, 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 333: Cass Street Vacation – Project No. 659043.

Total Estimated Cost of Proposed Action and Funding Source:

None. All costs related to processing this project are covered by a deposit account maintained by the applicant.

Council District(s) Affected: 1, 2.

Proposed Actions:

The project proposes a Public Right-of-Way Vacation of an unimproved 8,600 square-foot portion of Cass Street located at 990 Van Nuys Street. The 0.20-acre site is in the RS-1-7 Zone within the La Jolla and Pacific Beach Community Plan areas.

Subitem-A: (R-2023-176) ADOPTED AS RESOLUTION R-314432
Resolution determining the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(c)(3) (Common Sense), 15304 (Minor Alterations), and 15332 (In-Fill Development Projects) of the CEQA Guidelines.

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

Subitem-B: (R-2023-177) ADOPTED AS RESOLUTION R-314433
Resolution approving Public Right-of-Way Vacation No. 2409551 for the project.

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

Committee Actions Taken: N/A
Development Services: Benjamin Hafertepe, (619) 446-5086 City Attorney Contact: Shannon Eckmeyer
Minutes of the Council of the City of San Diego Page 50 for the Regular Meeting of Tuesday, November 1, 2022
COUNCIL ACTION: Start Time: 5:19 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item S500: Third Amendment to Agreement with C&S Engineers, Inc (H166649) for Airport Master Plan Studies for Montgomery-Gibbs Executive and Brown Field Airports.

Total Estimated Cost of Proposed Action and Funding Source:

There will be no new cost to the Airport Enterprise Fund for this contract amendment.

Council District(s) Affected: 6, 8.

Proposed Actions:
(O-2023-70) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 15, 2022 Introduction of an Ordinance authorizing the Mayor, or designee, to execute a Third Amendment to the Agreement with C&S Engineers, Inc. in connection with the Montgomery-Gibbs Executive and Brown Field Airports Master Plans, extending the term by one year. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on October 20, 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, Councilmember Moreno-not present.

Department of Real Estate and Airport Management: David Reed, (858) 573-1414 Minutes of the Council of the City of San Diego Page 51 for the Regular Meeting of Tuesday, November 1, 2022
City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Item S501: Confirming the Appointment and Salary of City Manager (Chief Operating Officer) for the City of San Diego.

Total Estimated Cost of Proposed Action and Funding Source:
$375,000, with management level fringe benefits as described in the City’s annual salary ordinance.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-226) ADOPTED AS RESOLUTION R-314427
Resolution confirming the appointment and salary of Eric Dargan as the City Manager (Chief Operating Officer) for the City of San Diego.

Committee Actions Taken: N/A
Office of the Mayor: Jessica Lawrence, (619) 236-7156
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 52 for the Regular Meeting of Tuesday, November 1, 2022
Passed by the following vote:

Item S502: 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-2023-227) ADOPTED AS RESOLUTION R-314428
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.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 53 for the Regular Meeting of Tuesday, November 1, 2022
Item S503: Fiscal Year 2022 Year-End Financial Performance Report.

Total Estimated Cost of Proposed Action and Funding Source:

There are no fiscal considerations. This is an informational report only.

Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Department of Finance: Christopher Purcell, (619) 236-6775 COUNCIL ACTION: Start Time: 2:48 PM
Item S504: Performance Audit of the Development Services Department’s Code Enforcement Division.

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:

This item was heard at the Audit Committee meeting on June 15, 2022.

Minutes of the Council of the City of San Diego Page 54 for the Regular Meeting of Tuesday, November 1, 2022
ACTION: Motion by Committee Member Halpern, second by Chair Whitburn, to accept the report and forward it to City Council as an informational item.

VOTE: 3-0; Whitburn-yea, Halpern-yea, Maffia-yea, Councilmember Moreno, Committee Member Tabshouri-not present.

Office of the City Auditor: Luis Briseño, (619) 533-3054 COUNCIL ACTION: Start Time: 3:36 PM
Item S505: Performance Audit of Workplace Safety and Workers’ Compensation.

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

Proposed Actions:

RETURNED TO STAFF
This item is informational only.

Committee Actions Taken:

This item was heard at the Audit Committee meeting on May 12, 2022.

ACTION: Motion by Vice Chair Moreno, second by Committee Member Halpern, to accept the report and forward it to City Council as an informational item.

VOTE: 4-0; Whitburn-yea, Moreno-yea, Halpern-yea, Tabshouri-yea, Maffia-not present.

Office of the City Auditor: Luis Briseño, (619) 533-3054 COUNCIL ACTION: Start Time: 3:36 PM

REPORT OUT FROM CLOSED SESSION
Minutes of the Council of the City of San Diego Page 55 for the Regular Meeting of Tuesday, November 1, 2022
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:27 p.m. in honor of the memory of:

Mr. Jay Wexler as requested by Councilmember LaCava.

COUNCIL ACTION: Start Time: 5:25 PM

San Diego City CouncilNovember 1, 2022

San Diego City Council
November 1, 2022