CITY COUNCIL MEETING RESULTS SUMMARY
DATE: TUESDAY, DECEMBER 6, 2022, COUNCIL MEETING RECORDER: MEDINA/PATTERSON This is a summary of the actions taken by the City Council. It is NOT equivalent to the Minutes which, when approved by the City Council, constitute the official record of the meeting.
R 314481 ITEM
NO. ACTIONS
O 21575
Motion
/
Second
VOTE
Approved
Approving the City Council Minutes of:
10/10/2022, 10/11/2022, 10/17/2022,
10/18/2022, 10/24/2022 Adjourned,
10/25/2022 Adjourned
6/2 Unanimous; 4-not present
30 Approved
Proclaiming 12/06/2022, to be “Libby
Borg Day”
6/2 Unanimous; 4-not present
31 Approved
Proclaiming 12/08/2022, to be “Elvin Lai
Day”
6/2 Unanimous; 4-not present
32 Approved
Proclaiming 12/15/2022, to be “Phet
Keovoravongsa Guiney Day”
6/2 Unanimous; 4-not present
33 Approved
Proclaiming 12/06/2022, to be “Ken-Tal
Litter Pickers Day”
6/2 Unanimous; 4-not present
34 Approved
Proclaiming December 2022, to be
“Drugged and Drunk Driving Prevention
Month”
6/2 Unanimous; 4-not present
S500 Approved
Proclaiming 12/15/2022, to be “Mara
Morrison Day”
6/2 Unanimous; 4-not present
50 Introduced (O-2023-78)
Authorizing the First Amendment with
Vulcan Materials Company for the
disposal of excavated material
(NOTE: 6 votes required)
I 6/1 Unanimous; 4-not present
51 Introduced (O-2023-89)
Authorizing the exemption of a
Program Coordinator position in the
Performance and Analytics Department
from the Classified Service
I 6/1 Unanimous; 4-not present
52 Introduced (O-2023-90)
Authorizing the exemption of a
Program Coordinator position in
Information Technology from the
Classified Service
I 6/1 1235679-yea; 8-nay; 4-not present
53 Introduced (O-2023-82) I 6/1 Unanimous; 4-not present Authorizing the Seventh Amendment to
Contract with Columbia Ultimate, Inc.
for maintenance and support of the
City's debt collections system
(NOTE: 6 votes required)
54 Introduced (O-2023-81)
Authorizing the Third Amendment to
Annual Support and License Agreement
with Elive Corporation for software
programs and support connected with
the City's debt collections system
(NOTE: 6 votes required)
I 6/1 Unanimous; 4-not present
55 Returned to Staff (O-2023-72)
Authorizing a First Amendment to the
Contract with DNV GL Noble Denton
USA, LLC for water modeling and
professional consulting services
(NOTE: 6 votes required)
56 Adopted (O-2023-79)
Authorizing Amendment No. 2 to
Cooperative Agreement #11-0717 with
the California Department of
Transportation (Caltrans), in connection
with the West Mission Bay Drive Bridge
Project
(NOTE: 6 votes required)
O 21575 6/1 Unanimous; 4-not present
57a Adopted (O-2023-83 REV COR. COPY)
Amending Chap 2, Art 2, Div 1 of the
SDMC relating to the Rules of Council
(NOTE: Not subject to Mayor’s veto)
O 21576 6/1 Unanimous; 4-not present
57b Adopted (R-2023-293)
Terminating temporary Rules of Council
relating to time, place, and procedures
for Council meetings in response to the
Covid-19 emergency and temporary
Rules of Council relating to the title and
responsibilities of committee
consultants and committee consultant’s
assistants
(NOTE: Not subject to Mayor’s veto)
R 314481 6/1 Unanimous; 4-not present
58a Adopted (O-2023-37)
Modifying the effective date of
provisions of the Sidewalk Vending
Regulations under Chapter 3, Article 6,
Division 1, of the Municipal Code in the
Coastal Overlay Zone
O 21577 6/1 1235679-yea; 8-nay; 4-not present
58b Adopted (O-2023-38) O 21578 6/1 1235679-yea; 8-nay; 4-not present Amending Chap 14, Art 1, Div 6, of the
SDMC relating to pushcarts and
sidewalk vendors
59 Adopted (O-2023-67)
Authorizing the exemption of an
Assistant for Community Outreach
position in the Office of the City
Attorney from the Classified Service
O 21579 6/1 Unanimous; 4-not present
60 Adopted (O-2023-62)
Amending Chap 2, Art 6, Div 00 of the
SDMC, relating to Parks and Recreation
Advisory Boards
O 21580 6/1 Unanimous; 4-not present
61 Adopted (O-2023-48)
Authorizing to execute the First
Amendment to the Amended Restated
Park Development and Reimbursement
Agreement with Tri Pointe Homes IESD, Inc
(NOTE: 6 votes required)
O 21581 6/1 Unanimous; 4-not present
62 Adopted (O-2023-73)
Authorizing a First Amendment to the
GE Intelligent Cities Purchase and
Service Agreement with Current
Lighting Holdco, Inc and First
Amendment to the California Master
Lease Agreement with GE HFS, LLC
(NOTE: 6 votes required)
O 21582 6/1 Unanimous; 4-not present
63 Adopted (O-2023-80)
Authorizing 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
(NOTE: 6 votes required)
O 21583 6/1 Unanimous; 4-not present
64 Adopted (O-2023-63)
Authorizing (1) a Fourth Amendment to
the Agreement (H084434 for the
purchase and Sale of Biogas with
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
(NOTE: 6 votes required)
O 21584 6/1 Unanimous; 4-not present
65 Adopted (O-2023-84)
Authorizing the exemption of two
Program Coordinator Positions in the
O 21585 6/1 Unanimous; 4-not present
Planning Dept from the Classified
Service
66 Adopted (O-2023-64)
Authorizing the issuance and sale in
one or more series of the PFFA lease
revenue bonds
(NOTE: 6 votes required)
O 21586 6/1 123679-yea; 58-nay; 4-not present
67a Adopted (O-2023-77)
Amending Chap 6, Art 6, by repealing
Div 9, relating to single use plastic
reduction
O 21587 6/1 1235789-yea; 6-nay; 4-not present
(Cate moved the Consent Agenda,
but voted nay on Item 67a.)
67b Adopted (O-2023-76)
Amending Chapter 6, Article 6, by
adding new Division 9, relating to single
use plastic reduction
O 21588 6/1 1235789-yea; 6-nay; 4-not present
(Cate moved the Consent Agenda,
but voted nay on Item 67b.)
68 Adopted (O-2023-75)
Changing 4.46 acres located with the
Otay Mesa Community Plan area
related to California Terraces PA61 (Lot
1) – Project No. 690358
(NOTE: Not subject to Mayor’s veto)
O 21589 6/1 Unanimous; 4-not present
69 Adopted (O-2023-74)
Changing 2.8 acres located at 7720
Kenamar Court within the Mira Mesa
Community Plan Area related to PRJ1054295: 7720 Kenamar Court Rezone Project
O 21590 6/1 Unanimous; 4-not present
70 Adopted (O-2023-61 Cor. Copy)
Amending Chap 14, Art 1, Div 5, relating
to redistricting and conditional use
permit extensions for cannabis outlets
O 21591 6/1 1236789-yea; 5-nay; 4-not present
100 Adopted (R-2023-249)
Authorizing to execute the First
Amendment to the Agreement with
WestAir Gases & Equipment, Inc. for the
purchase of liquid oxygen
R 314482 6/1 Unanimous; 4-not present
101 Adopted (R-2023-289)
Authorizing to execute the First
Amendment to the Agreement with
UCSD Medical Center
R 314483 6/1 Unanimous; 4-not present
102 Adopted (R-2023-296)
Authorizing an agreement with HDR
Engineering, Inc. for as-needed
Stormwater Capital Improvement
program management and engineering
design services
R 314484 6/1 Unanimous; 4-not present
103a Adopted (R-2023-241)
Declaring an exemption from CEQA for
a Department of Water Resources grant
R 314485 6/1 Unanimous; 4-not present
agreement, for the Upper Auburn Creek
Revitalization Project (S-22008)
103b Adopted (R-2023-242)
Authorizing a Department of Water
Resources grant agreement, for the
Upper Auburn Creek Revitalization
Project (S-22008)
R 314486 6/1 Unanimous; 4-not present
104a Adopted (R-2023-294)
Declaring an exemption from CEQA for
the appropriation of WIFIA loan funds
for the City’s Stormwater Capital
Improvement Program
R 314487 6/1 Unanimous; 4-not present
104b Adopted (R-2023-295)
Authorizing the CFO to increase the
Stormwater Capital Improvement
Program Budget and appropriate WIFIA
loan funds for the purpose of storm
water capital improvement projects
R 314488 6/1 Unanimous; 4-not present
105 Adopted (R-2023-231)
Authorizing the CFO to increase the
Fiscal Year 2022 Budget
R 314489 6/1 Unanimous; 4-not present
106 Continued to Tuesday, 12/13/2022
(R-2023-277)
Amending Council Policy No. 100-20
Reserve Policy
5/9 Unanimous; 4-not present
107 Adopted (R-2023-279)
Adopting an Amended Conflict of
Interest Code for the San Diego City
Employees' Retirement System
(NOTE: Not subject to Mayor’s veto)
R 314490 6/1 Unanimous; 4-not present
108 Adopted (R-2023-265)
Adopting an amended Conflict of
Interest Code for the Environmental
Services Department
(NOTE: Not subject to Mayor’s veto)
R 314491 6/1 Unanimous; 4-not present
109 Adopted (R-2023-258)
Adopting an amended Conflict of
Interest Code for the Engineering and
Capital Projects Department
(NOTE: Not subject to Mayor’s veto)
R 314492 6/1 Unanimous; 4-not present
110 Adopted (R-2023-222)
Adopting an amended Conflict of
Interest Code for the Performance &
Analytics Department
(NOTE: Not subject to Mayor’s veto)
R 314493 6/1 Unanimous; 4-not present
111 Adopted (R-2023-256)
Adopting an amended Conflict of
Interest Code for the Human Resources
Department
R 314494 6/1 Unanimous; 4-not present
(NOTE: Not subject to Mayor’s veto)
112 Adopted (R-2023-262)
Adopting an amended Conflict of
Interest Code for the Planning
Department
(NOTE: Not subject to Mayor’s veto)
R 314495 6/1 Unanimous; 4-not present
113 Adopted (R-2023-274 Cor. Copy)
Adopting an amended Conflict of
Interest Code for the San Diego Police
Department
(NOTE: Not subject to Mayor’s veto)
R 314496 6/1 Unanimous; 4-not present
114 Adopted (R-2023-257)
Adopting an amended Conflict of
Interest Code for the Purchasing and
Contracting Department
(NOTE: Not subject to Mayor’s veto)
R 314497 6/1 Unanimous; 4-not present
115 Adopted (R-2023-264)
Authorizing the settlement of Diane
Noel Lloyd related to a claim for
personal injuries sustained from an
alleged dangerous condition in the
roadway located on Clairemont Drive
R 314498 6/1 Unanimous; 4-not present
116a Adopted (R-2023-261)
Declaring an exemption from CEQA for
a Citywide Tree Planting Program
R 314499 6/1 Unanimous; 4-not present
116b Adopted (R-2023-232)
Authorizing the settlement of the San
Diego Air Pollution Control District’s
Notice of Violations alleging violations
of the California Health and Safety Code
and APCD Rules 51 and 1206 pertaining
to alleged asbestos issues at the San
Diego Fire-Rescue Training Facility and
101 Ash Street
R 314500 6/1 Unanimous; 4-not present
117 Adopted (R-2023-230 Cor. Copy)
Authorizing the settlement of Sriloga
Kathirelavan related to a claim for
personal injury damages stemming
from a falling lamppost at Ocean Air
Recreation Center located at 4770
Fairport Way
R 314501 6/1 Unanimous; 4-not present
118 Adopted (R-2023-218)
Authorizing the settlement of Estate of
Timothy Gene Smith related to an
officer-involved shooting death of
Timothy Smith
R 314502 6/1 Unanimous; 4-not present
119 Adopted (R-2023-199) R 314503 6/1 Unanimous; 4-not present Authorizing the settlement of Gloria
Richley related to injuries sustained in a
trip and fall
120 Adopted (R-2023-203)
Authorizing the settlement of Richard
Bareno related to a claim of personal
injury arising from a car accident at the
intersection of Jamacha Road and
Meadowbrook Drive
R 314504 6/1 Unanimous; 4-not present
121 Adopted (R-2023-204)
Authorizing the settlement of Steven
Scholl personal injuries sustained from a
bicycle accident
R 314505 6/1 Unanimous; 4-not present
122 Adopted (R-2023-290)
Authorizing the settlement of an
eminent domain action brought by
SDG&E for the modification of
helicopter landing pad locations
R 314506 6/1 Unanimous; 4-not present
123 Adopted (R-2023-284)
Confirming the Appointment of Alyssa
Turowski and reappointment of Jeffrey
Gattas to the San Diego Convention
Center Corporation Board of Directors
R 314507 6/1 Unanimous; 4-not present
124 Adopted (R-2023-288)
Confirming the Appointments of Sara
Moga-Alemany and Dr. Wendy RanckBuhr to the Board of Library Commissioners, and reappointment of
Linda Caballero Sotelo
R 314508 6/1 Unanimous; 4-not present
125 Adopted (R-2023-266)
Confirming the appointment of Diane
Koczur and reappointment of Elaine
Mary Cooluris to the Accessibility
Advisory Board
R 314509 6/1 Unanimous; 4-not present
126 Adopted (R-2023-267)
Confirming the Appointments of Ryan
Trabuco and Dr. Yessica Diaz Roman
and Reappointments of Olympia
Beltran, Nicole Murray-Ramirez, and
Jeffrey Razi-Jafari, Rickie Brown and
Faye Detsky-Weil, and April Purcell to
the Human Relations Commission
R 314510 6/1 Unanimous; 4-not present
127 Adopted (R-2023-252)
Confirming the Appointment of Lauren
Balcita Garces to the Consolidated Plan
Advisory Board
R 314511 6/1 Unanimous; 4-not present
128 Adopted (R-2023-282) R 314512 6/1 Unanimous; 4-not present Confirming the Mayor's appointment of
"Khalid" Paul Alexander to the Privacy
Advisory Board
129 Adopted (R-2023-300)
Amending the 2023 Legislative Calendar
(NOTE: Not subject to Mayor’s veto)
R 314513 6/1 Unanimous; 4-not present
S502 Adopted (R-2023-318)
Authorizing the execution of a grant
agreement with the California
Governor’s Office of Business and
Economic Development and authorizing
the City to apply for, accept,
appropriate and expend awarded funds
to implement recommendations
contained in the City of San Diego’s
cannabis equity assessment
R 314514 6/1 Unanimous; 4-not present
330 Adopted (R-2023-260)
Authorizing mid-year amendments to
the Fiscal Year 2023 Capital
Improvements Program Budget
R 314515 5/6 Unanimous; 4-not present
331 Adopted (R-2023-287)
Authorizing a First Amendment to the
Non-Profit Agreement with Jewish
Family Service for the Safe Parking
Program
R 314516 9/7 Unanimous; 4-not present
332 Adopted (R-2023-259)
Approving the forms and authorizing
the execution, delivery and performance
of a Revolving Credit Agreement and a
Fee Agreement to provide liquidity to
the Sewer System
R 314517 6/1 1235679-yea; 8-nay; 4-not present
S501 Adopted (R-2023-306)
Approving the Loan Agreement for the
PATH Villas El Cerrito Phase I Affordable
Housing Project within the College Area
Community Plan Area
R 314518 9/2 Unanimous; 4-not present
S503 Adopted (R-2023-320 Cor. Copy)
Authorizing the execution of Lease and
related maintenance agreement with
SCP Park Services for City-owned
property commonly known as Horton
Plaza Urban Park in Downtown San
Diego
R 314519 3/2 Unanimous; 4-not present
QUIT Q
*COMMENTS
Non-Agenda Public Comment:
PC-1: Mia Villa commented on gun control.
PC-2: Tiger Reis commented on public transportation.
PC-3: Piper Moreno commented on mental health.
PC-4: James Gore commented on wildfires.
PC-5: Marie Aherm commented on reproductive rights.
PC-6: Leilani Gonzalez commented on reproductive rights.
PC-7: Ace Bentley commented on homelessness.
PC-8: Michael Aguirre commented on 101 Ash.
PC-9: Elijah Gagio commented on 101 Ash.
PC-10 (virtual): Terri-Ann Skelly commented on drug and drunk driving.
PC-11 (virtual): Lori Saldaña commented on increasing water rates.
PC-12 (virtual): Peggy Walker commented on fentanyl and marijuana.
PC-13 (virtual): Anthony Avalos commented on medical cannabis.
PC-14 (virtual): Becky Rapp commented on proposed marijuana outlet.
PC-15 (virtual): Joy Sunyata commented on unsheltered people.
PC-16 (virtual): John Stump commented on non-agenda process.
PC-17 (virtual): Judy Strang commented on drug and drunk driving.
PC-18 (virtual): Kathleen Lippitt commented on single use plastic.
Mayor, Council, City Attorney, Independent Budget Analyst, City Clerk Comment:
CC-1: Council President Elo-Rivera thanked Councilmember Cate for his service and diligence. He appreciated how Councilmember Cate’s still locked in, continually showing up, paying attention, and now running through the finish line.
City Clerk Maland announced that this week the League of California Cities will be hosting the City Clerks New Law and Elections Seminar. She mentioned that her Assistant City Clerk, Diana Fuentes, will be leading a panel at the seminar titled “Creating Greater Diversity, Equity, and Inclusion through Language Access.” City Clerk Maland outlined the seminar will highlight program details, lessons learned, and resources to assist other municipalities to create greater access for those in their communities with limited English proficiency.
Mayoral Comment: Matt Yagyagan thanked Councilmember Cate for his service to the City, residents of District 6, City employees, his leadership on the Budget Committee, and on the Water Authority. He stated Councilmember Cate has a way of asking questions that are smart, thoughtful, direct, and clear. Matt Yagyagan expressed that Councilmember Cate will be missed.
CC-2: Councilmember Whitburn congratulated Councilmember Cate and thanked him for his knowledge and experience in this Chamber which was very helpful. He appreciated Councilmember Cate’s collaborative spirit. Councilmember Whitburn wished Councilmember Cate the best as he pursues new avenues in the future.
CC-3: Councilmember Moreno recognized Councilmember Cate as a good representative for District 6, always prepared for any issues going to Council, a consummate professional, and especially his representation for the Filipino and AAPI community. She thanked Councilmember Cate for his dedication to public service.
CC-4: Councilmember LaCava commented on how many times he has seconded a motion made by Councilmember Cate because he drew on his many years of expertise. He commended Councilmember Cate for his work done on the County Water Authority. Councilmember LaCava thanked Councilmember Cate for his service, professionalism, and leadership. He expressed Councilmember Cate will be missed.
CC-5: Councilmember Cate shared that he has had an amazing run and its been the best job in the world. He thanked all the departments he worked with while doing his best to serve District 6.
He thanked the City Clerk’s Office, IBA, City Attorney’s Office, and the Executive Detail.
Councilmember Cate expressed how proud he is of his team/staff and appreciates them staying to the end. He commended his City Council colleagues on their energy, passion, and initiative in representing their districts.
Report Out from Closed Session:
None.
Council President Elo-Rivera adjourned the meeting at 5:29 p.m.