Minutes — San Diego City Council, November 15, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, NOVEMBER 15, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................6 ATTENDANCE DURING THE MEETING...................................................................................6 ROLL CALL ..........................................................................................................................6 PLEDGE OF ALLEGIANCE......................................................................................................7 CLOSED SESSION................................................................................................................7 NON-AGENDA PUBLIC COMMENT .........................................................................................8

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS .........................................................................................10 APPROVAL OF COUNCIL MINUTES ......................................................................................10 Item 30: Robert Smothers Day ..........................................................................................11 Item 31: Healthcare Worker Wellbeing Day.........................................................................11 Item 32: Pancreatic Cancer Awareness Month.....................................................................12 Item 33: Young Black & N’ Business Day ............................................................................12 Item 34: Ramin Pourteymour Day......................................................................................13 Item 35: Roger Odiorne Day..............................................................................................13 Item 36: Indochinese Association of San Diego Day ............................................................14 Item 50: Exemption of an Assistant for Community Outreach Position in the Office of the City Attorney from the Classified Service ....................................................................................14 Minutes of Tuesday, November 15, 2022 Page 2
Table of Contents (Continued)
Item 51: Amendments to San Diego Municipal Code Sections 26.30 and 26.31 to Update Department and Organization Names and Impacts to the Mission Bay Park Committee Due to Redistricting ......................................................................................................................15 Item 52: First Amendment to the Amended and Restated Park Development and Reimbursement Agreement (First Amendment) with Tri Pointe Homes IE-SD, Inc. for Project No. P-2 Dennery Ranch Neighborhood Park in the Otay Mesa Community..............................17 Item 53: Amendment to Lighting Controls Services Agreement with Current Powered by GE and Master Lease Agreement with GE Government Finance.........................................................18 Item 54: Authorization to Enter into a Five-Year Agreement with Life Technologies Corporation for Forensic DNA Testing Materials and Post-Warranty Instrument Maintenance .....................19 Item 55: 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.....................................................................20 Item 56: Drinking Water State Revolving Fund Loans to the Water System for Morena Pipeline and Alvarado 2nd Extension Pipeline Projects.......................................................................21 Item 57: Exemption of Two Program Coordinator Positions in the Office of the Commission on Police Practices..................................................................................................................23 Item 58: Third Amendment to Agreement with C&S Engineers, Inc (H166649) for Airport Master Plan Studies for Montgomery-Gibbs Executive and Brown Field Airports ......................24 Item 59: Second Amendment to the Agreement with GHD Inc. for the Design of Otay 1st & 2nd Pipelines - West of Highland Ave Project .......................................................................25 Item 60: Agreements Between the City and the East County Advanced Water Purification Joint Powers Authority Related to the Design, Construction and Reimbursement for the East County Residuals Line and the East Mission Gorge Force Main Rehabilitation, the Operations and Maintenance of the East County Residuals Line, and the Sale of the East Mission Gorge Pump Station Property and Grant of an Easement .........................................................................27 Item 61: Fourth Amendment to Agreement (H084434) for the Purchase and Sale of Biogas and Fifth Amendment to Agreement (H084247) for BUDG Site Lease with Watonga RNG 1, LLC ....28 Item 100: Approval of a Consultant Contract Between the City of San Diego and Jones Lang LaSalle Americas, Inc., for Office Space Optimization in the Downtown Civic Center Core Area 30 Item 101: Award a Sole Source Contract Amendment No. 5 to ADS Corp. for Wastewater Flow Monitoring Equipment, Software and Services......................................................................31 Item 102: First Amendment to the Workers' Compensation Managed Care Services Contracts 32 Minutes of Tuesday, November 15, 2022 Page 3
Table of Contents (Continued)
Item 103: Resolution Approving a Side Letter Agreement Between the City of San Diego and the Municipal Employees Association to Amend Article 47 of the Memorandum of Understanding Related to Holiday Pay for Dispatchers and Golf Operations Division Employees .....................33 Item 104: Resolution Approving a Side Letter Agreement Between the City of San Diego and the American Federation of State, County and Municipal Employees AFL-CIO, Local 127, to Amend Article 24 of the Memorandum of Understanding Related to Holiday Pay for the Golf Operations Division in the Parks and Recreation Department.................................................34 Item 105: Authorization to Receive $500,000, in Fiscal Year 2022 Housing and Urban Development/EDI Appropriations Community Project Funds for Balboa Park Starlight Bowl ADA Facility Enhancements........................................................................................................35 Item 106: Resolution of Intent to explore a partnership with the County of San Diego to form an Enhanced Infrastructure Financing District to fund improvements along the San Diego River, and to form a Joint Powers Authority, special district, or benefit assessment district to fund ongoing operations and maintenance ..................................................................................36 Item 107: Adopting an Amended Conflict of Interest Code for the Public Utilities Department.37 Item 108: Adopting an Amended Conflict of Interest Code for the Office of the Chief Operating Officer...............................................................................................................................38 Item 109: Biennial Update of Conflict of Interest Code for Debt Management Department .....39 Item 110: Adopting an Amended Conflict of Interest Code for the Library Department...........40 Item 111: Adopting an Amended Conflict of Interest Code for the Economic Development Department.......................................................................................................................41 Item 112: Adopting a Conflict of Interest Code for the Department of Real Estate and Airport Management .....................................................................................................................42 Item 113: Adopting an Amended Conflict of Interest Code for the San Diego Convention Center Corporation .......................................................................................................................43 Item 115: Settlement of Gregory Montoya, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2019-00047134-CU-EI-CTL, Risk No. 21139 .............................................44 Item 116: Settlement of Tina Patterson v. City of San Diego, San Diego Superior Court Case No. 37-2018-00037189-CU-OE-CTL, Risk No. 18128 .............................................................45 Item 117: Settlement of Stephanie Scudder v. City of San Diego, San Diego Superior Court Case No. 37-2020-00041883-CU-PO-CTL, Risk Claim No. 25032 ............................................46 Item 118: Appointment to the Mobility Board......................................................................47 Minutes of Tuesday, November 15, 2022 Page 4
Table of Contents (Continued)
Item 119 Honorary Street Name: Cecil Steppe of 47th Street Between Hilltop Drive and "C" Street Pursuant to San Diego Municipal Code Section 125.1130 and Council Policy 200-10.......... ........................................................................................................................................48 Item 120: Honorary Street Name: Recognition of Nicole Murray Ramirez on the 1600 Block of Harvey Milk Street According to San Diego Municipal Code Section 125.1130, “Honorary Street Names,” and Council Policy 200-10, “Honorary Street Names”...............................................48 Item 121: Approval of the Amended Master Records Schedule .............................................49 Item 122: Annual Presentation of the City Treasurer's Investment Policy and Delegation of Authority to the City Treasurer to Invest Funds ....................................................................50 Item 123: First Amendment to the Agreement with PATH San Diego for Coordinated Street Outreach Program Services.................................................................................................51 Item 124: First Amendment to the Agreement with Downtown San Diego Partnership Foundation for the Family Reunification Program..................................................................52 Item 330: Authorization for the Public Facilities Financing Authority of the City of San Diego 2023 Lease Revenue Bonds ................................................................................................53 Item 331: Single Use Plastic Reduction Ordinance: Final Environmental Impact Report and Ordinance Recommendations..............................................................................................55 Item 332: Tax Equity & Fiscal Responsibility Act Resolution – Cortez Hill Apartments .............56 Item 333: Declare Certain City-Owned Real Property in the East Village Neighborhood of Downtown, “Exempt Surplus Land” in Accordance with California Government Code Sections 54220-54234, and Approving a Related Waiver of Council Policy 700-10 ................................57 Item 334: California Terraces PA61 (Lot 1) – Project No. 690358 .........................................58 Item 335: PRJ-1054295: 7720 Kenamar Court Rezone........................................................60 Item 336: Proposed San Diego Municipal Code Amendments to Section 141.0504 related to Redistricting and the Automatic Extension of Conditional Use Permits related to Cannabis Operations ........................................................................................................................61 Item S500: SDSU 125th Anniversary Day............................................................................62 Item S501: Request to Exempt Two Program Coordinator Positions in the Planning Department from Classified Service .......................................................................................................63 Item S502: First Implementation Agreement with SDEEC LLC for the San Diego Energy Equity Campus at the Valencia Business Park (5515-5565 Stevens Way)..........................................64 Minutes of Tuesday, November 15, 2022 Page 5
Table of Contents (Continued)
Item S503: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953 ........................................................65 Item S504: Runaway and Homeless Youth Prevention Month...............................................65 REPORT OUT FROM CLOSED SESSION................................................................................66 ADJOURNMENT .................................................................................................................67 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, November 15, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 11:01 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. Council President Elo-Rivera recessed the meeting at 3:51 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 4:20 p.m. with Councilmember Moreno not present. The meeting was adjourned by Council President Elo-Rivera at 4:23 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 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/cp)

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, November 15, 2022

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

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

CS-1 Number of Cases: One
REFERRED TO CLOSED SESSION OF TUESDAY, NOVEMBER 15, 2022 ACA Assigned: M. T. Phelps
The City Attorney’s Office will discuss with the Mayor and City Council a threat of litigation.

COUNCIL ACTION: Start Time: 10:44 AM
Council President Elo-Rivera closed the hearing.

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

CS-2 San Diego Gas & Electric Company v. City of San Diego San Diego Superior Court Case No. 37-2020-00029860-CU-EI-CTL Risk Management Department Claim File No. 25777
REFERRED TO CLOSED SESSION OF TUESDAY, NOVEMBER 15, 2022 DCA Assigned: J. Mickova Will
This is an eminent domain action wherein SDG&E seeks to expand an easement to build and relocate several helicopter lands pads. 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: 10:44 AM
Council President Elo-Rivera closed the hearing.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, November 15, 2022
CS-3 Jose Gameros, et al. v. City of San Diego
San Diego Superior Court Case No. 37-2019-00013383-CU-TT-CTL Risk Management Department Claim File No. 21948
REFERRED TO CLOSED SESSION OF TUESDAY, NOVEMBER 15, 2022 DCA Assigned: J. Mickova Will
This case was filed under the California Environmental Quality Act and challenges San Diego Ordinance O-21030 (Jan. 24, 2019), commonly known as “Ban on Polystyrene Foam Products and Restrictions on Single Use Plastics in the City of San Diego.” The City Attorney’s Office will update the Mayor and City Council on the status of the litigation.

COUNCIL ACTION: Start Time: 10:44 AM
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1 (virtual):

Mark Wilcox commented on mental health.

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

Peggy Walker commented on marijuana legalization.

COUNCIL ACTION: Start Time: 10:47 AM
PUBLIC COMMENT-3 (virtual):

Kathleen Lippitt commented on drug prevention.

COUNCIL ACTION: Start Time: 10:49 AM
PUBLIC COMMENT-4 (virtual):

Joy Sunyata commented on behavioral health.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, November 15, 2022
COUNCIL ACTION: Start Time: 10:52 AM
PUBLIC COMMENT-5 (virtual):

Becky Rapp commented on proposed marijuana outlet.

COUNCIL ACTION: Start Time: 10:54 AM
PUBLIC COMMENT-6 (virtual):

Judy Strang commented on education.

COUNCIL ACTION: Start Time: 10:56 AM

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

Councilmember von Wilpert commented on Governor Newsom’s wife testifying in a trial against Harvey Weinstein for alleged rape and sexual assault. She noted women are still fighting for their rights even powerful women. Councilmember von Wilpert wished all the women luck who are speaking out.

COUNCIL ACTION: Start Time: 10:59 AM
COUNCIL COMMENT-2:

Council President Elo-Rivera recognized the tens of thousands of academic workers across the UC system who walked out on Monday. These teaching assistants, researchers, and other university employees are calling for increased wages in the face of rising housing costs. Council President Elo-Rivera shared one student’s comments that detailed the severe impacts of high rents which resulted in homelessness and also declared this fight is for survival. Councilmember Elo-Rivera sends his solidarity to the workers of the UC system as housing and homelessness is being discussed in San Diego.

COUNCIL ACTION: Start Time: 10:59 AM

SPECIAL ORDERS OF BUSINESS
None.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, November 15, 2022

APPROVAL OF COUNCIL MINUTES

APPROVED
10/3/2022 Special Joint
10/3/2022 Special
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Monica Montgomery Steppe.

Passed by the following vote:

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

Item 30: Robert Smothers Day.

MAYOR GLORIA AND COUNCILMEMBER CAMPBELL’S RECOMMENDATION:

APPROVED
Proclaiming December 2, 2022, to be “Robert Smother’s Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:30 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, November 15, 2022
Item 31: Healthcare Worker Wellbeing Day.

COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPBELL AND COUNCILMEMBER CAMPILLO’S RECOMMENDATION:

APPROVED
Proclaiming November 15, 2022, to be “Healthcare Worker Wellbeing Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:30 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 32: Pancreatic Cancer Awareness Month.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LACAVA’S RECOMMENDATION:

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

COUNCIL ACTION: Start Time: 10:30 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 33: Young Black & N’ Business Day.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, November 15, 2022
COUNCIL PRESIDENT ELO-RIVERA’S RECOMMENDATION:

APPROVED
Proclaiming December 4, 2022, to be “Young Black & N’ Business Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:30 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 34: Ramin Pourteymour Day.

COUNCILMEMBER CATE’S RECOMMENDATION:

APPROVED
Proclaiming November 16, 2022, to be “Ramin Pourteymour Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:30 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 35: Roger Odiorne Day.

COUNCILMEMBER CATE’S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, November 15, 2022
Proclaiming November 17, 2022, to be “Roger Odiorne Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:30 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 36: Indochinese Association of San Diego Day.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LACAVA’S RECOMMENDATION:

APPROVED
Proclaiming November 26, 2022, to be “Indochinese Association of San Diego Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:30 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 50: Exemption of an Assistant for Community Outreach Position in the Office of the City Attorney from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

This position is included in the Fiscal Year 2023 Adopted Budget.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, November 15, 2022
Proposed Actions:
(O-2023-67) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance authorizing the exemption of an Assistant for Community Outreach position in the Office of the City Attorney from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on October 6, 2022. This position will be responsible for supporting the Your Safe Place/Family Justice Center. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 236-6220 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 51: Amendments to San Diego Municipal Code Sections 26.30 and 26.31 to Update Department and Organization Names and Impacts to the Mission Bay Park Committee Due to Redistricting.

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, 6.

Proposed Actions:
(O-2023-62) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance amending Chapter 2, Article 6, Division 00 of the San Diego Municipal Code by retitling and amending Sections 26.30 and 26.31, relating to Parks and Recreation Advisory Boards.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, November 15, 2022
Committee Actions Taken:

This item was heard at the Rules Committee meeting on October 19, 2022.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Cate, to recommend Council approval of staff recommendation.

VOTE: 4-0; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Cate-yea, Campillo-not present.

Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 52: First Amendment to the Amended and Restated Park Development and Reimbursement Agreement (First Amendment) Between the City of San Diego and Tri Pointe Homes IE-SD, Inc. for Project No. P-2 Dennery Ranch Neighborhood Park in the Otay Mesa Community.

Total Estimated Cost of Proposed Action and Funding Source:

Capital improvement project RD-22001 will be increased by this First Amendment in the amount of $6,900,000. Funds will be provided by the Otay Mesa FBA Fund.

Council District(s) Affected: 8.

Proposed Actions:
(O-2023-48) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to First Amendment to the Amended and Restated Park Development and Reimbursement Agreement (First Amendment) between the City of San Diego and Tri Pointe Homes IE-SD, Inc. for Project No. P-2 Dennery Ranch Neighborhood Park project in the Otay Mesa community.

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, November 15, 2022
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.

Planning: Gaetano Martedi, (619) 533-3678
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 53: Amendment to Lighting Controls Services Agreement with Current Powered by GE and Master Lease Agreement with GE Government Finance.

Total Estimated Cost of Proposed Action and Funding Source:

See Fiscal Considerations section of staff report.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-73) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance authorizing (1) a First Amendment to the GE Intelligent Cities Purchase and Service Agreement between the City of San Diego and Current Lighting Holdco, Inc; and (2) a First Amendment to the California Master Lease Agreement Between the City of San Diego and GE HFS, LLC.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, November 15, 2022
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 Sustainability and Mobility: Lindsey Hawes, (858) 627-3352 City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 54: 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:

Adopt the following Ordinance which was introduced on 11/1/2022, Item 50: (Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
(O-2023-65) ADOPTED AS ORDINANCE O-21568 (New Series)
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, November 15, 2022
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:

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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 55: 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:

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, November 15, 2022
Adopt the following Ordinance which was introduced on 11/1/2022, Item 51: (Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
(O-2023-68) ADOPTED AS ORDINANCE O-21569 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Contract with AT&T Corporation for the provision of telecommunications, 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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 56: 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.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, November 15, 2022
Council District(s) Affected: 2, 7.

Proposed Actions:

Adopt the following Ordinances which were introduced on 11/1/2022, Item 52, Subitem-A and Subitem-B: (Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):

Subitem-A: (O-2023-66) ADOPTED AS ORDINANCE O-21570 (New Series) 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. 6 votes required pursuant to Charter Section 99.

Subitem-B: (O-2023-69) ADOPTED AS ORDINANCE O-21571 (New Series) 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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, November 15, 2022
Recused: (None);
Not Present: Vivian Moreno.

Item 57: 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:

Adopt the following Ordinance which was introduced on 11/1/2022, Item 53: (Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
(O-2023-56) ADOPTED AS ORDINANCE O-21572 (New Series)
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 officer-involved shootings, incustody 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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, November 15, 2022
Item 58: 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:

Adopt the following Ordinance which was introduced on 11/1/2022, Item S500: (Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
(O-2023-70) ADOPTED AS ORDINANCE O-21573 (New Series)
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 City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, November 15, 2022
Not Present: Vivian Moreno.

Item 59: 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:

Adopt the following Ordinance which was introduced on 11/1/2022, Item 62, Subitem-B:
(Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
(O-2023-71) ADOPTED AS ORDINANCE O-21574 (New Series)
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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, November 15, 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 60: Agreements Between the City and the East County Advanced Water Purification Joint Powers Authority Related to the Design, Construction and Reimbursement for the East County Residuals Line and the East Mission Gorge Force Main Rehabilitation, the Operations and Maintenance of the East County Residuals Line, and the Sale of the East Mission Gorge Pump Station Property and Grant of an Easement.

Total Estimated Cost of Proposed Action and Funding Source:

Please see staff report for Fiscal Considerations.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-247) ADOPTED AS RESOLUTION R-314435
Resolution stating for the record that the City Council has reviewed and considered the information contained in the Final Subsequent Initial Study/Mitigated Negative Declaration for the East County Advanced Water Purification Project, and has adopted the pertinent mitigation measures in the Mitigation, Monitoring and Reporting Program under the California Environmental Quality Act, before considering the discretionary approval of actions related to implementation of the project.

Subitem-B: (O-2023-80) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into Agreements with the East County Advanced Water Purification Joint Powers Authority related to the Design, Construction and Reimbursement for the East County Residuals Line and the Rehabilitation of the East Mission Gorge Force Main, and the Operation and Maintenance of the East County Residuals Line, and related actions.
6 votes required pursuant to Charter Section 99.

Subitem-C: (R-2023-246) ADOPTED AS RESOLUTION R-314436
Resolution authorizing the City’s sale of the real property located at 8810 Mission Gorge Road and subsurface easements through adjacent City-owned real property identified as portions of Assessor's Parcel Numbers 383-080-03 and 383-080-04 and related actions.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, November 15, 2022
Committee Actions Taken:

This item was heard at the Environment Committee meeting on October 27, 2022.

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

VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea Public Utilities: Juan Guerreiro, (858) 292-6436
City Attorney Contact: Melissa D. Ables
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT THE RESOLUTIONS IN SUBITEMS A AND C; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Joe LaCava.

Passed by the following vote:

Item 61: Fourth Amendment to Agreement (H084434) for the Purchase and Sale of Biogas and Fifth Amendment to Agreement (H084247) for BUDG Site Lease with Watonga RNG 1, LLC.

Total Estimated Cost of Proposed Action and Funding Source:

This is a revenue generating item and there is no cost to the City for the proposed actions.

Public Utilities revenues associated with this amendment from the sale of Point Loma Treatment Plant digester gas is approximately $250,000, annually or approximately $1 million, for the next 4 years.

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2023-187) ADOPTED AS RESOLUTION R-314437
Resolution determining that amendments to the project agreements for the Beneficial Use of Digester Gas Facility at the Point Loma Wastewater Treatment Plant are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15031 relating to existing facilities.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, November 15, 2022
Subitem-B: (O-2023-63) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance authorizing: (1) a Fourth Amendment to the Agreement (H084434) for the Purchase and Sale of Biogas between the City of San Diego as Seller and Watonga RNG 1 LLC as Buyer; and (2) a Fifth Amendment to the Beneficial Use of Digester Gas Facility Site Lease (H084247) at the Point Loma Wastewater Treatment Plant between the City of San Diego as Lessor and Watonga RNG 1 LLC as Lessee.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

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

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

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

Public Utilities: Chisti Dadachanji, (858) 829-2642
City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Joe LaCava.

Passed by the following vote:

Item 100: Approval of a Consultant Contract Between the City of San Diego and Jones Lang LaSalle Americas, Inc., for Office Space Optimization in the Downtown Civic Center Core Area.

Total Estimated Cost of Proposed Action and Funding Source:

Estimated cost is $725,000, from the General Fund.

Council District(s) Affected: 3.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, November 15, 2022
Proposed Actions:
(R-2023-244) ADOPTED AS RESOLUTION R-314438
Resolution approving a consulting contract for an amount not-to-exceed $725,000, and a term not-to-exceed five years with Jones Lang LaSalle Americas, Inc., for City office space optimization in the Downtown Civic Core area.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting of 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, Moreno-not present.

Department of Real Estate and Airport Management: Niki Chalfant, (619) 384-5250 City Attorney Contact: Delmar Williams
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 101: Award a Sole Source Contract Amendment No. 5 to ADS Corp. for Wastewater Flow Monitoring Equipment, Software and Services.

Total Estimated Cost of Proposed Action and Funding Source:

The total proposed cost for ADS Amendment No. 5 in the amount of $624,993.68, in total, estimated to be $244,131.72, from the Muni Sewer Revenue Fund, and $380,861.96, from the Metro Sewer Utility Fund. The Amendment No. 5 increases the total value of ADS contract to $3,602,600, (Initial contract amount plus Amendments 1 through 5), to continue the essential services until the new contract is approved by City Council.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, November 15, 2022
Proposed Actions:

Subitem-A: (R-2023-200) ADOPTED AS RESOLUTION R-314439
Resolution determining that the Project is categorically exempt from CEQA, under CEQA Guidelines sections 15301(B) (Existing Facilities) and 15306 (Information Collection), and that an exception to the exemptions as set forth in CEQA Guidelines section 15300.2 would not apply.

Subitem-B: (R-2023-201) ADOPTED AS RESOLUTION R-314440
Resolution authorizing the Mayor to sign the Fifth Amendment to the Agreement with ADS Corporation for Temporary Wastewater Flow Monitoring Equipment, Software and Services, in an amount not-to-exceed $624,993.68, for a cumulative Agreement total not-to-exceed $3,602,600.00, under the terms and conditions as set forth in the Agreement.

Committee Actions Taken:

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

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

VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.

Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 102: First Amendment to the Workers' Compensation Managed Care Services Contracts.

Total Estimated Cost of Proposed Action and Funding Source:

Please see the Fiscal Considerations section of the Staff Report.

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, November 15, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-212) ADOPTED AS RESOLUTION R-314441
Resolution approving First Amendments to four contracts related to managed care services for the City of San Diego's Workers' Compensation Program, authorizing the Mayor, or his designee, to execute the contract amendments, and authorizing increased funding for the contract amendments.

Committee Actions Taken:

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

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

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

Risk Management: Joseph Sousa, (619) 236-5958
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 103: Resolution Approving a Side Letter Agreement Between the City of San Diego and the Municipal Employees Association to Amend Article 47 of the Memorandum of Understanding Related to Holiday Pay for Dispatchers and Golf Operations Division Employees.

Total Estimated Cost of Proposed Action and Funding Source:

There are no known fiscal impacts.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, November 15, 2022
Proposed Actions:
(R-2023-233) ADOPTED AS RESOLUTION R-314442
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 47 of the Memorandum of Understanding related to holiday pay for Dispatchers and Golf Operations Division Employees. 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 236-6339
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 104: Resolution Approving a Side Letter Agreement Between the City of San Diego and the American Federation of State, County and Municipal Employees AFL-CIO, Local 127, to Amend Article 24 of the Memorandum of Understanding Related to Holiday Pay for the Golf Operations Division in the Parks and Recreation Department.

Total Estimated Cost of Proposed Action and Funding Source:

There are no known fiscal impacts.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, November 15, 2022
Proposed Actions:
(R-2023-234) ADOPTED AS RESOLUTION R-314443
Resolution approving a Side Letter Agreement between the City of San Diego and the American Federation of State, County, and Municipal Employees, AFL-CIO, Local 127, to amend Article 24 of the Memorandum of Understanding related to holiday pay for the Golf Operations Division in the Parks and Recreation Department.
6 votes required pursuant to Charter Section 11.2.

Passed by the following vote:

Item 105: Authorization to Receive $500,000, in Fiscal Year 2022 Housing and Urban Development/EDI Appropriations Community Project Funds for Balboa Park Starlight Bowl ADA Facility Enhancements.

Total Estimated Cost of Proposed Action and Funding Source:
$500,000, in federal grant funds and $100,000, in General Funds for Balboa Park Starlight Bowl ADA Facility Enhancements.

Council District(s) Affected: 3.

Proposed Actions:
(R-2023-169) ADOPTED AS RESOLUTION R-314444
Resolution authorizing the Mayor, or his designee, to make applications to the Department of Housing and Urban Development Economic Development Initiative for the purposes of Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, November 15, 2022
Community Project Funding and take all necessary actions to secure funding in an amount notto-exceed $500,000, for the Balboa Park Starlight Bowl ADA Improvement Project (Project), and related actions;
Authorizing the Chief Financial Officer to increase Capital Improvements Program (CIP) Budget CIP S23009, and to accept, appropriate and expend an amount not-to-exceed $500,000; to transfer appropriations of $100,000 from General Fund 100000, 1714 Parks and Recreation, to Fund 400265, General Fund Contributions; and to increase CIP Budget CIP S23009, Starlight Bowl Improvement, and to appropriate and expend an amount not-to-exceed $100,000, from Fund 400265, General Fund Contributions, for the development of the Balboa Park Starlight Bowl ADA Improvement Project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.

Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 106: Resolution of Intent to explore a partnership with the County of San Diego to form an Enhanced Infrastructure Financing District to fund improvements along the San Diego River, and to form a Joint Powers Authority, special district, or benefit assessment district to fund ongoing operations and maintenance.

Total Estimated Cost of Proposed Action and Funding Source:

The adoption of a resolution of intent does not have any immediate fiscal impact.

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

Proposed Actions:
(R-2023-255) ADOPTED AS RESOLUTION R-314445
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, November 15, 2022
Resolution supporting the exploration of a partnership with the County of San Diego to form an Enhanced Infrastructure Financing District and to form a Joint Powers Authority, special district, or benefit assessment district to be used for San Diego River Park improvements, ongoing restoration, operations, and maintenance.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on October 27, 2022.

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

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

Council District 7: Sanna Loando, (619) 510-6889
City Attorney Contact: Marco A. Verdugo
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 107: Adopting an Amended Conflict of Interest Code for the Public Utilities 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-2023-180) ADOPTED AS RESOLUTION R-314446
Resolution of the Council of the City of San Diego adopting an amended Conflict of Interest Code for the Public Utilities Department.

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

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, November 15, 2022
Committee Actions Taken: N/A
Public Utilities: Yvonne Blantz, (858) 614-4520
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 108: Adopting an Amended Conflict of Interest Code for the Office of the Chief Operating Officer.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this item.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-225) ADOPTED AS RESOLUTION R-314447
Resolution adopting an amended Conflict of Interest Code for the Office of the Chief Operating Officer and Administration.

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

Committee Actions Taken: N/A
Office of the Chief Operating Officer: Kristina Peralta, (619) 236-6214 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, November 15, 2022
Passed by the following vote:

Item 109: Biennial Update of Conflict of Interest Code for Debt Management Department.

Total Estimated Cost of Proposed Action and Funding Source:

No costs associated with proposed action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-207) ADOPTED AS RESOLUTION R-314448
Resolution adopting an amended Conflict of Interest Code for the Debt Management Department.

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

Committee Actions Taken: N/A
Debt Management: Samantha Weisman, (619) 533-6491
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 110: Adopting an Amended Conflict of Interest Code for the Library Department.

Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, November 15, 2022
Total Estimated Cost of Proposed Action and Funding Source:

No fiscal considerations.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-251) ADOPTED AS RESOLUTION R-314449
Resolution adopting an amended Conflict of Interest Code for the Library Department.

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

Committee Actions Taken: N/A
Library: Misty Jones, (619) 236-5870
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 111: Adopting an Amended Conflict of Interest Code for the Economic Development 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-2023-250) ADOPTED AS RESOLUTION R-314450
Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, November 15, 2022
Resolution adopting an amended Conflict of Interest Code for the Economic Development Department.

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

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 112: Adopting a Conflict of Interest Code for the Department of Real Estate and Airport Management.

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-2023-183) ADOPTED AS RESOLUTION R-314451
Resolution adopting a Conflict of Interest Code for the Real Estate and Airport Management Department.

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

Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Jorge Rubio, (858) 573-1441 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 15, 2022
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 113: Adopting an Amended Conflict of Interest Code for the San Diego Convention Center Corporation.

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

Proposed Actions:
(R-2023-243) ADOPTED AS RESOLUTION R-314452
Resolution adopting an amended Conflict of Interest Code for the San Diego Convention Center Corporation.

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

Committee Actions Taken: N/A
San Diego Convention Center Corporation: Pat Evans, (619) 782-4383 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, November 15, 2022
Item 114: Settlement of 4150 National Avenue, LLC v. City of San Diego, San Diego Superior Court Case No. 37-2019-00040972-CU-EI-CTL, Risk No. 21140.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $423,689.52, will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-196) ADOPTED AS RESOLUTION R-314453
Resolution authorizing the settlement of 4150 National Avenue, LLC v. City of San Diego, San Diego Superior Court Case No. 37-2019-00040972-CU-EI-CTL, related to damages sustained due to flooding into its property at 4150 National Avenue on December 6, 2018. Risk Claim No. 21140.

Committee Actions Taken: N/A
Office of the City Attorney: Catherine L. Turner, (619) 533-6486 COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 115: Settlement of Gregory Montoya, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2019-00047134-CU-EI-CTL, Risk No. 21139.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $209,000, will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, November 15, 2022
Proposed Actions:
(R-2023-194) ADOPTED AS RESOLUTION R-314454
Resolution authorizing the settlement of Gregory Montoya, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2019-00047134-CU-EI-CTL, related to damages sustained due to flooding of their properties at 3674, 3684 3686, 3694, 3696, and 3758 Beta Street on December 6, 2018. Risk Claim No. 21139.

Committee Actions Taken: N/A
Office of the City Attorney: Catherine L. Turner, (619) 533-6486 COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 116: Settlement of Tina Patterson v. City of San Diego, San Diego Superior Court Case No. 37-2018-00037189-CU-OE-CTL, Risk No. 18128.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $88,000.00, will be paid from the Water Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-133) ADOPTED AS RESOLUTION R-314455
Resolution authorizing the settlement of Tina Patterson v. City of San Diego, San Diego Superior Court Case No. 37-2018-00037189-CU-OE-CTL, related to a claim for a damages resulting from an alleged failure to timely respond to complaints regarding harassment by a former co-worker.

Risk Claim No. 18128.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, November 15, 2022
Office of the City Attorney: Paul James, (619) 533-5454 COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 117: Settlement of Stephanie Scudder v. City of San Diego, San Diego Superior Court Case No. 37-2020-00041883-CU-PO-CTL, Risk Claim No. 25032.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $225,000.00, will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-193) ADOPTED AS RESOLUTION R-314456
Resolution authorizing the settlement of Stephanie Scudder v. City of San Diego, San Diego Superior Court Case No. 37-2020-00041883-CU-PO-CTL, related to injuries sustained in a trip and fall that occurred on December 8, 2019, at 1454 Garnet Avenue, San Diego, California. Risk Claim No. 25032.

Committee Actions Taken: N/A
Office of the City Attorney: Lucy A. Manfre, (619) 533-5651 COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, November 15, 2022
Not Present: Vivian Moreno.

Item 118: Appointment to the Mobility Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 7.

Proposed Actions:
(R-2023-215) ADOPTED AS RESOLUTION R-314457
Resolution confirming the Mayor's appointment of Dr. Steven Gelb to the Mobility Board for a term expiring February 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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 119 Honorary Street Name: Cecil Steppe of 47th Street Between Hilltop Drive and "C" Street Pursuant to San Diego Municipal Code Section 125.1130 and Council Policy 200-10.

Total Estimated Cost of Proposed Action and Funding Source:
$850.00, District 4 Operating Fund.

Council District(s) Affected: 4.

Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, November 15, 2022
Proposed Actions:
(R-2023-253) ADOPTED AS RESOLUTION R-314458
Resolution designating the 900 block of 47th Street, between Hilltop Drive and C Street, in the Chollas View community as Cecil Steppe Street.

Committee Actions Taken: N/A
Council District 4: Bruce Williams, (619) 236-6644
City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 120: Honorary Street Name: Recognition of Nicole Murray Ramirez on the 1600 Block of Harvey Milk Street According to San Diego Municipal Code Section 125.1130, “Honorary Street Names,” and Council Policy 200-10, “Honorary Street Names.” Total Estimated Cost of Proposed Action and Funding Source:

The cost estimate for the installation of two honorary street signs is $800.

Council District(s) Affected: 3.

Proposed Actions:
(R-2023-254) ADOPTED AS RESOLUTION R-314459
Resolution designating the 1600 block of Harvey Milk Street, between Centre Street and Normal Street, in the Hillcrest community as Nicole Murray Ramirez Way.

Committee Actions Taken: N/A
Council District 3: Madeleine Baudoin, (619) 510-6877
City Attorney Contact: Ryan P. Gerrity
Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, November 15, 2022
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 121: 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) ADOPTED AS RESOLUTION R-314460
Resolution approving an Amended Citywide Master Records Schedule.

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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, November 15, 2022
Not Present: Vivian Moreno.

Item 122: Annual Presentation of the City Treasurer's Investment Policy and Delegation of Authority to the City Treasurer to Invest Funds.

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-2023-151) ADOPTED AS RESOLUTION R-314461
Resolution receiving and accepting the City Treasurer's 2023 Investment Policy for the Pooled Investment Funds and authorizing the City Treasurer to invest the City's funds for Calendar Year 2023.

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 Office of the City Treasurer: Kent Morris, (619) 533-6253 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 46 for the Regular Meeting of Tuesday, November 15, 2022
Item 123: First Amendment to the Agreement with PATH San Diego for Coordinated Street Outreach Program Services.

Total Estimated Cost of Proposed Action and Funding Source:

The Agreement with PATH San Diego will be amended to include an additional $475,000 in flexible funds. Of the $475,000, $350,000 will come from HHAP 2.0 grant funds while the remaining $125,000 will come from the HHAP 1.0 grant funds.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-223) ADOPTED AS RESOLUTION R-314462
Resolution authorizing the Mayor, or his designee, to execute a First Amendment to the agreement with People Assisting the Homeless San Diego (PATH San Diego) for coordinated street outreach program services and related actions.

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 Vice Chair LaCava, to recommend Council approval of staff's proposed actions.

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

Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 124: First Amendment to the Agreement with Downtown San Diego Partnership Foundation for the Family Reunification Program.

Minutes of the Council of the City of San Diego Page 47 for the Regular Meeting of Tuesday, November 15, 2022
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-2023-224) ADOPTED AS RESOLUTION R-314463
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the agreement with the Downtown San Diego Partnership Foundation for family reunification program services.

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 Vice Chair LaCava, to recommend Council approval of staff's proposed actions.

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

Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

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

Total Estimated Cost of Proposed Action and Funding Source:

Please see "Fiscal Considerations" section of Staff Report.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 48 for the Regular Meeting of Tuesday, November 15, 2022
Proposed Actions:

Subitem-A: (O-2023-64) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance authorizing the issuance and sale in one or more series of the Public Facilities Financing Authority of the City of San Diego’s lease revenue bonds in a total aggregate principal amount not-to-exceed $175,000,000; 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.

Subitem-B: (R-2023-195) ADOPTED AS RESOLUTION R-314465
Resolution declaring the City’s intent to use proceeds of indebtedness to reimburse itself for eligible expenditures advanced by the City.

Committee Actions Taken:

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

ACTION: Motion by Chair Cate, second by Vice Chair Elo-Rivera 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: Richard Eyre, (619) 236-6899
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:06 PM
MOTION BY CHRIS CATE TO INTRODUCE THE ORDINANCE IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Joe LaCava.

Passed by the following vote:

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

Item 331: Single Use Plastic Reduction Ordinance: Final Environmental Impact Report and Ordinance Recommendations.

Minutes of the Council of the City of San Diego Page 49 for the Regular Meeting of Tuesday, November 15, 2022
Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-239) ADOPTED AS RESOLUTION R-314466
Resolution certifying Environmental Impact Report sch. no. 2020120099 and adopting the findings, and statement of overriding considerations for the Single Use Plastic Reduction Ordinance.

Subitem-B: (O-2023-77) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance amending Chapter 6, Article 6, by repealing Division 9, titled “Single Use Plastic Reduction,” by repealing sections 66.0901, 66.0902, 66.0903, 66.0904,

66.0905, 66.0906, and 66.0907, relating to single use plastic reduction.

Subitem-C: (O-2023-76) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance amending Chapter 6, Article 6, by adding new Division 9, titled “Single Use Plastic Reduction,” by adding new sections 66.0901, 66.0902, 66.0903, 66.0904,

66.0905, 66.0906, and 66.0907, relating to single use plastic reduction.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on October 27, 2022.

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

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

Environmental Services: Matthew Cleary, (858) 573-1214
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 2:33 PM
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCES IN SUBITEMS B AND C. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Raul A. Campillo, Sean Elo-Rivera;
Nay: Chris Cate;
Minutes of the Council of the City of San Diego Page 50 for the Regular Meeting of Tuesday, November 15, 2022
Recused: (None);
Not Present: Vivian Moreno.

Item 332: Tax Equity & Fiscal Responsibility Act Resolution – Cortez Hill Apartments.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: 3.

Proposed Actions:
(R-2023-240) ADOPTED AS RESOLUTION R-314467
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for Cortez Hill Apartments pursuant to section 147(f) of the Internal Revenue Code of 1986.

Committee Actions Taken: N/A
Housing Commission: Jennifer Kreutter, (619) 578-7709
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of November 15, 2022, for a companion item. This is a TEFRA hearing item.

COUNCIL ACTION: Start Time: 3:45 PM
Public testimony by Joy Sunyata.

MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 333: Declare Certain City-Owned Real Property Located at 1320 Broadway, North Side of Broadway Between 13th and 14th Streets (APN 534-205-08) in the East Village Neighborhood of Minutes of the Council of the City of San Diego Page 51 for the Regular Meeting of Tuesday, November 15, 2022
Downtown, “Exempt Surplus Land” in Accordance with California Government Code Sections 54220-54234, and Approving a Related Waiver of Council Policy 700-10.

Total Estimated Cost of Proposed Action and Funding Source:

This action is limited to declaring the Property exempt surplus land. No financial considerations are associated with this specific action.

Council District(s) Affected: 3.

Proposed Actions:
(R-2023-248 Cor. Copy) ADOPTED AS RESOLUTION R-314468
Resolution of the Council of the City of San Diego declaring that 1320 Broadway in San Diego, California is exempt surplus land and approving a related waiver of Council Policy 700-10.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 3:09 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 334: California Terraces PA61 (Lot 1) – Project No. 690358.

Total Estimated Cost of Proposed Action and Funding Source:

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

Council District(s) Affected: 8.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 52 for the Regular Meeting of Tuesday, November 15, 2022
The Project includes a Master Planned Development Permit (MPDP), Neighborhood Development Permit (NDP), Vesting Tentative Map (VTM), Site Development Permit (SDP), Rezone, and Community Plan Amendment to amend the previously approved MPDP, NDP, VTM, & SDP to construct 79 multi-family dwelling units in 12 buildings totaling 165,593 square feet. The 4.46- acre site is located on the southeast corner of the intersection of Caliente Avenue and Otay Mesa Road, north of State Route 905 within the CC-1-3 and AR-1-1 zone of the Northwest District of the Otay Mesa Community Planning area. The project qualifies for the City's Expedite Program since 8 out of the 79 units or 10% of the units will be designated as affordable.

Subitem-A: (R-2023-235) ADOPTED AS RESOLUTION R-314469
Resolution adopting Addendum No. 690358 to Program Environmental Impact Report No. 30330/304032 / SCH NO. 2004651076 and Mitigation, Monitoring, and Report Program.

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

Subitem-B: (R-2023-236) ADOPTED AS RESOLUTION R-314470
Resolution Adopting an Amendment to the General Plan to Redesignate a 4.46- acre site from Commercial Employment, Retail & Services to Residential and an Amendment to Otay Mesa Community Plan from Community Commercial-Residential Prohibited to Residential-Medium 15- 29 dwelling units.

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

Subitem-C: (R-2023-237) ADOPTED AS RESOLUTION R-314471
Resolution Approving Master Planned Development Permit No. 2568951, Site Development Permit No. 2568962, and Neighborhood Development Permit No. 2568963.

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

Subitem-D: (R-2023-238) ADOPTED AS RESOLUTION R-314472
Resolution approving Vesting Tentative Map No. 2568950.

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

Subitem-E: (O-2023-75) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Ordinance changing 4.46 acres located with the Otay Mesa Community Plan area from CC-1-3 (Commercial-Community) and AR-1-1 (Agricultural-Residential) Zones into the RM-2-5 (Residential-Multiple Unit) Zone.

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

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 53 for the Regular Meeting of Tuesday, November 15, 2022
Development Services: Benjamin Hafertepe, (619) 446-5086 City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 3:22 PM
MOTION BY JOE LACAVA TO ADOPT THE RESOLUTIONS IN SUBITEMS A, B, C, AND D; AND INTRODUCE THE ORDINANCE IN SUBITEM E. Second by Monica Montgomery Steppe.

Passed by the following vote:

Item 335: PRJ-1054295: 7720 Kenamar Court Rezone.

Total Estimated Cost of Proposed Action and Funding Source:

None with this action. All costs are recovered through a deposit account funded by the applicant.

Council District(s) Affected: 6.

Proposed Actions:

An application for the rezone of a site located at 7720 Kenamar Court from the IL-2-1 Zone into the IL-3-1 Zone (Industrial-Light Zones). The 2.8-acre site is in the IL-2-1 Zone within the Mira Mesa Community Plan area.

Subitem-A: (R-2023-229) ADOPTED AS RESOLUTION R-314473
Resolution determining that the 7720 Kenamar Court Rezone Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines.

Subitem-B: (O-2023-74) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Ordinance changing 2.8 acres located at 7720 Kenamar Court within the Mira Mesa Community Plan Area, in the City of San Diego, from the IL-2-1 zone into the IL-3-1 zone, as defined by San Diego Municipal Code section 131.0603 and repealing Ordinance No. O-18451 (New Series), adopted December 9, 1997, of the Ordinances of the City of San Diego insofar as the same conflict herewith.

Minutes of the Council of the City of San Diego Page 54 for the Regular Meeting of Tuesday, November 15, 2022
Committee Actions Taken: N/A
Development Services: Xavier Del Valle, (619) 557-7941
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 3:30 PM
MOTION BY CHRIS CATE TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Joe LaCava.

Passed by the following vote:

Item 336: Proposed San Diego Municipal Code Amendments to Section 141.0504 related to Redistricting and the Automatic Extension of Conditional Use Permits related to Cannabis Operations.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-61) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Ordinance amending Chapter 14, Article 1, Division 5 by amending section 141.0504 relating to redistricting and conditional use permit extensions for cannabis outlets.

Committee Actions Taken:

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

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

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

Development Services: Lara Gates, (619) 533-5107
City Attorney Contact: Noah Brazier
Minutes of the Council of the City of San Diego Page 55 for the Regular Meeting of Tuesday, November 15, 2022
COUNCIL ACTION: Start Time: 3:31 PM
Public testimony by John Bottorff, Barbara Gordon, and Suzanne Hume.

MOTION BY JOE LACAVA TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

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

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

Item S500: SDSU 125th Anniversary Day.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LACAVA’S RECOMMENDATION:

APPROVED
Proclaiming November 5, 2022 to be “SDSU 125th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:30 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item S501: Request to Exempt Two Program Coordinator Positions in the Planning Department from Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact with this action. Any FY 2023 costs will be covered by salary savings. The position will be requested for appropriation as part of the FY 2024 budget process.

Minutes of the Council of the City of San Diego Page 56 for the Regular Meeting of Tuesday, November 15, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-84) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 6, 2022 Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Planning Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on November 3, 2022. The first Program Coordinator position will oversee the implementation of Council Policy 600-24 and ensure community planning groups are accessible and inclusive. The second Program Coordinator position will oversee the procurement, development, testing, and implementation of systems and applications needed to record community planning group membership, elections, documents, and activities. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Planning: Marco Camacho, (619) 235-5216
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item S502: First Implementation Agreement with SDEEC LLC for the San Diego Energy Equity Campus at the Valencia Business Park (5515-5565 Stevens Way).

Total Estimated Cost of Proposed Action and Funding Source:

There are no fiscal considerations with this action.

Council District(s) Affected: 4.

Proposed Actions:
(R-2023-271) ADOPTED AS RESOLUTION R-314474
Minutes of the Council of the City of San Diego Page 57 for the Regular Meeting of Tuesday, November 15, 2022
Resolution of the Council of the City of San Diego approving a First Amendment to the Disposition and Development Agreement between the City of San Diego and SDEEC LLC for the Valencia Business Park site in the Encanto Neighborhood Community Planning Area.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 3:14 PM
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item S503: 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-2023-272) ADOPTED AS RESOLUTION R-314464
Resolution reconsidering the circumstances of the state of emergency related to Covid-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act
This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Council President’s Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Leslie FitzGerald
COUNCIL ACTION: Start Time: 10:05 AM
Minutes of the Council of the City of San Diego Page 58 for the Regular Meeting of Tuesday, November 15, 2022
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

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

Item S504: Runaway and Homeless Youth Prevention Month.

COUNCILMEMBER LACAVA AND COUNCILMEMBER VON WILPERT’S RECOMMENDATION:

APPROVED
Proclaiming November 2022, to be “Runaway and Homeless Youth Prevention Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:30 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 59 for the Regular Meeting of Tuesday, November 15, 2022

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:23 p.m. in honor of the memory of:

Transgender Lives Lost as requested by Councilmember Whitburn; and Helen Boyden as requested by Councilmember LaCava.

COUNCIL ACTION: Start Time: 4:20 PM

San Diego City CouncilNovember 15, 2022

San Diego City Council
November 15, 2022