San Diego City Council
December 6, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, DECEMBER 06, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................7 ATTENDANCE DURING THE MEETING...................................................................................7 ROLL CALL ..........................................................................................................................8 PLEDGE OF ALLEGIANCE......................................................................................................8 CLOSED SESSION................................................................................................................8 NON-AGENDA PUBLIC COMMENT........................................................................................10

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................13 SPECIAL ORDERS OF BUSINESS .........................................................................................15 APPROVAL OF COUNCIL MINUTES ......................................................................................15 Item 30: Libby Borg Day ...................................................................................................16 Item 31: Elvin Lai Day.......................................................................................................17 Item 32: Phet Keovoravongsa Guiney Day ..........................................................................17 Item 33: Ken-Tal Litter Pickers Day ....................................................................................18 Item 34: Drugged and Drunk Driving Prevention Month.......................................................18 Item 50: First Amendment to Contract with Vulcan Materials Company for Disposal Sites for Excavated Material in any Combination (ITB 10058074-16-L)................................................19 Item 51: Exemption of One (1) Program Coordinator Position in the Performance & Analytics Department from the Classified Service ...............................................................................20 Item 52: Exemption of One Program Coordinator Position in the Department of Information Technology from Classified Service......................................................................................21 Minutes of Tuesday, December 06, 2022

Table of Contents (Continued)
Item 53: Extension of the Ontario Systems Contract for Maintenance and Support of the Revenue Plus Collector System used for Citywide Debt Collection ..........................................22 Item 54: Extension of the Elive (formerly Compass Computer Systems) Contract for Annual Maintenance and Support of Compass Programs used for Citywide Debt Collection.................23 Item 55: First Amendment to the Agreement with DNV GL Noble Denton USA, LLC for Water Modeling Software Licensing and Software Support Services .................................................24 Item 56: Execute Amendment No. 2 to Original Construction Cooperative Agreement, #11- 0717, with the California Department of Transportation, for the Purpose of Completing the Construction of the West Mission Bay Drive Bridge Project ....................................................25 Item 57: Amendments to Rules of Council ..........................................................................26 Item 58: Modification to the Effective Date of the City's Sidewalk Vending Regulations Under Chapter 3, Article 6, Division 1 of the Municipal Code in the Coastal Overlay Zone and Amendments to Chapter 14, Article 1, Division 6 of the Municipal Code Relating to Pushcarts and Sidewalk Vendors ........................................................................................................28 Item 59: Exemption of an Assistant for Community Outreach Position in the Office of the City Attorney from the Classified Service ....................................................................................29 Item 60: 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 ......................................................................................................................30 Item 61: 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........................................................................................................................31 Item 62: Amendment to Lighting Controls Services Agreement with Current Powered by GE and Master Lease Agreement with GE Government Finance.........................................................32 Item 63: 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 .........................................................................34 Item 64: 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 ....35 Minutes of Tuesday, December 06, 2022

Table of Contents (Continued)
Item 65: Request to Exempt Two Program Coordinator Positions in the Planning Department from Classified Service .......................................................................................................36 Item 66: Authorization for the Public Facilities Financing Authority of the City of San Diego 2023 Lease Revenue Bonds ................................................................................................37 Item 67: Single Use Plastic Reduction Ordinance: Final Environmental Impact Report and Ordinance Recommendations..............................................................................................39 Item 68: California Terraces PA61 (Lot 1) – Project No. 690358 ...........................................40 Item 69: PRJ-1054295: 7720 Kenamar Court Rezone ..........................................................41 Item 70: 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 ........................................................................................................................42 Item 100: Authorization for a First Amendment to the Contract with WestAir Gases & Equipment, Inc. (BID 10089356-18-J) to Purchase Liquid Oxygen for the City’s Water Treatment Plants, Public Utilities Department .......................................................................................44 Item 101: First Amendment to Contract with University of California San Diego (UCSD) to Provide Medical/Behavioral Health Direction and Clinical Oversight for Emergency Medical Services ............................................................................................................................45 Item 102: Authorize an Agreement with HDR Engineering, Inc. for Stormwater Capital Improvements Program Management and Engineering Design Services (H2226019)...............46 Item 103: Authorize the Stormwater Department to Accept and Appropriate Funding for a California Department of Water Resources Grant for the Upper Auburn Creek Revitalization Project ..............................................................................................................................47 Item 104: Authorize the Appropriation and Expenditure of $128 million of U.S. Environmental Protection Agency Water Infrastructure Finance and Innovation Act (WIFIA) Program Loan Funds................................................................................................................................48 Item 105: Fiscal Year 2022 Urban Area Security Initiative Grant Program..............................49 Item 106: Revisions to the City of San Diego’s Reserve Policy ..............................................50 Item 107: Adopting an Amended Conflict of Interest Code for San Diego City Employees’ Retirement System (SDCERS) .............................................................................................51 Item 108: Adopting an Amended Conflict of Interest Code for the Environmental Services Department.......................................................................................................................52 Minutes of Tuesday, December 06, 2022

Table of Contents (Continued)
Item 109: Adopting an Amended Conflict of Interest Code for the Engineering & Capital Projects Department ..........................................................................................................53 Item 110: Adopting and Amended Conflict of Interest Code for the Performance & Analytics Department.......................................................................................................................54 Item 111: Adopting an Amended Conflict of Interest Code for the Human Resources Department.......................................................................................................................55 Item 112: Adopting an Amended Conflict of Interest Code for the Planning Department............ ........................................................................................................................................56 Item 113: Adopting an Amended Conflict of Interest Code for the Police Department ............57 Item 114: Adopting an Amended Conflict of Interest Code for the Purchasing & Contracting Department.......................................................................................................................58 Item 115: Settlement of Diane Noel Lloyd v. City of San Diego, San Diego Superior Court Case No. 37-2021-00048939-CU-PO-CTL, Claim No. 27270 ...........................................................59 Item 116: Settlement of the San Diego Air Pollution Control District Notices of Violation at FireRescue Training Facility and 101 Ash Street .........................................................................59 Item 117: Settlement of Sriloga Kathirelavan v. City of San Diego, et al., San Diego Superior Court Case No. SDSC 37-2021-00015045-CU-PO-CTL, Risk Claim No. 26043 ..........................61 Item 118: Settlement of Estate of Timothy Gene Smith, et al. v. COSD et al., San Diego Superior Court Case No. USDC 16cv2989 WQH (MSB); Risk No. 12012 ..................................61 Item 119: Settlement of Gloria Richley v. City of San Diego, San Diego Superior Court Case No. 37-2019-00045689-CU-PO-CTL, Risk Claim No. 22660 ..........................................................62 Item 120: Settlement of Richard Bareno v. City of San Diego, et al., San Diego Superior Court Case No. 37-2020-00026802-CU-PA-CTL, Risk No. 21600 .....................................................63 Item 121: Settlement of Steven Scholl v. City of San Diego, San Diego Superior Court Case No. 37-2020-00028821-CU-PO-CTL, Risk Claim No. 24697 ..........................................................64 Item 122: Authorization to Approve a Settlement with SDG&E on Terms set forth in the Stipulation for Entry of Judgment and Final Order of Compensation to Expand SDG&E’s Existing Sunrise Powerlink Easement on City-owned Property known as El Capitan Reservoir to Relocate and add Helicopter Landing Pads ........................................................................................65 Item 123: Appointment and Reappointment to the Convention Center Corporation Board ......66 Item 124: Appointments and Reappointment to the Board of Library Commissioners .............67 Minutes of Tuesday, December 06, 2022

Table of Contents (Continued)
Item 125: Appointment and Reappointment to the Accessibility Advisory Board.....................68 Item 126: Appointments and Reappointments to the Human Relations Commission...............68 Item 127: Appointment to the Consolidated Plan Advisory Board..........................................69 Item 128: Appointment to the Privacy Advisory Board .........................................................70 Item 129: Amendments to the 2023 Legislative Calendar.....................................................71 Item 330: Fiscal Year 2023 Capital Improvements Program (CIP) Mid-Year Budget Monitoring Report and CIP Budget Revisions ........................................................................................72 Item 331: First Amendment to the Non-Profit Agreement with Jewish Family Service for the Safe Parking Program.........................................................................................................73 Item 332: Authorization for the City of San Diego Sewer Interim Financing for the Sewer Fund Portion of the Pure Water Project Phase 1 ...........................................................................74 Item S500: Mara Morrison Day ..........................................................................................75 Item S501: Affordable Housing Loan Agreement-PATH Villas El Cerrito Phase 1.....................75 Item S502: Type II Cannabis Equity Grants Program for Local Jurisdictions...........................76 Item S503: Resolution Authorizing the Execution of Lease and Related Agreement with SCP Park Services for City-Owned Property commonly known as Horton Plaza Urban Park in Downtown San Diego, making certain determinations in accordance with the CEQA and waiving of certain requirements in Council Policy 700-10...................................................................77 REPORT OUT FROM CLOSED SESSION................................................................................78 ADJOURNMENT .................................................................................................................78 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, December 06, 2022

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. Councilmember von Wilpert arrived to the meeting at 10:05 a.m. The meeting was recessed by Council President Elo-Rivera at 11:51 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with Council President Pro Tem Montgomery Steppe not present. Council President Elo-Rivera recessed the meeting at 2:51 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 2:52 p.m. with Council President Pro Tem Montgomery Steppe not present. Council President Elo-Rivera recessed the meeting at 4:47 p.m. to convene the Public Facilities Finance Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 5:14 p.m. with Council President Pro Tem Montgomery Steppe and Councilmember von Wilpert not present. The meeting was adjourned by Council President Elo-Rivera at 5:29 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
*CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Chris Cate
CD-7 Councilmember Raul A. Campillo
*CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

CD-4 Council President Pro Tem Monica Montgomery Steppe (Excused by Resolution R-314740, due to attending the Wells Fargo Wealth Opportunities Restored Through Homeownership Grant.)
CITY CLERK:

Maland (km/cp)
*NOTE: Councilmember von Wilpert and Councilmember Moreno participated in the meeting by teleconference.

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-not present Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, December 06, 2022
(5) Councilmember von Wilpert-present
(6) Councilmember Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

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

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

CS-1 City of San Diego v. Burke, Williams & Sorensen, LLP et al.

San Diego Superior Court Case No. 37-2022-00027553-CU-PN-CTL Risk Management Department Claim File No. N/A
REFERRED TO CLOSED SESSION OF TUESDAY, DECEMBER 6, 2022 ACA Assigned: M. T. Phelps
This is a City initiated lawsuit against Burke, Williams & Sorensen, LLP and William R. Price for professional negligence/legal malpractice, breach of contract, and breach of fiduciary duty related their representation of the City in a previous legal matter. 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: 11:09 AM
Council President Elo-Rivera closed the hearing.

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

CS-2 Number of Cases: Multiple Cases
Risk Management Claim File Number: N/A
REFERRED TO CLOSED SESSION OF TUESDAY, DECEMBER 6, 2022 Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, December 06, 2022
DCA Assigned: J. E. Taylor
The City Attorney’s Office will discuss with the Mayor and City Council the significant exposure to litigation arising from claims relating to the construction of the Pure Water projects.

COUNCIL ACTION: Start Time: 11:09 AM
Public testimony by Lori Saldaña.

Council President Elo-Rivera closed the hearing.

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

CS-3 Chris Hassett, et al. v. City of San Diego
San Diego Superior Court Case No. 37-2018-00007246-CU-PO-CTL Risk Management Department Claim File No. 13676
REFERRED TO CLOSED SESSION OF TUESDAY, DECEMBER 6, 2022 DCA Assigned: G. D. Leasure
This case arises out of an alleged Segway accident on Taylor Street in Old Town. 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: 11:09 AM
Council President Elo-Rivera closed the hearing.

CS-4 Israel Clark, et al. v City of San Diego
San Diego Superior Court Case No. 37-2019-00023333-CU-OR-CTL Risk Management Department Claim File No. 21573
REFERRED TO CLOSED SESSION OF TUESDAY, DECEMBER 6, 2022 DCA Assigned: S. A. Wigdor-Roberts
This case arises from property damage to 4275 48th Street following a rain event on December 6, 2018. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 11:09 AM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, December 06, 2022
Public testimony by Lori Saldaña.

Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Mia Villa commented on gun control.

COUNCIL ACTION: Start Time: 11:16 AM
PUBLIC COMMENT-2:

Tiger Reis commented on public transportation.

COUNCIL ACTION: Start Time: 11:18 AM
PUBLIC COMMENT-3:

Piper Moreno commented on mental health.

COUNCIL ACTION: Start Time: 11:20 AM
PUBLIC COMMENT-4:

James Gore commented on wildfires.

COUNCIL ACTION: Start Time: 11:21 AM
PUBLIC COMMENT-5:

Marie Aherm commented on reproductive rights.

COUNCIL ACTION: Start Time: 11:23 AM
PUBLIC COMMENT-6:

Leilani Gonzalez commented on reproductive rights.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, December 06, 2022
COUNCIL ACTION: Start Time: 11:25 AM
PUBLIC COMMENT-7:

Ace Bentley commented on homelessness.

COUNCIL ACTION: Start Time: 11:27 AM
PUBLIC COMMENT-8:

Michael Aguirre commented on 101 Ash.

COUNCIL ACTION: Start Time: 11:28 AM
PUBLIC COMMENT-9:

Elijah Gagio commented on 101 Ash.

COUNCIL ACTION: Start Time: 11:30 AM
PUBLIC COMMENT-10 (virtual):

Terri-Ann Skelly commented on drug and drunk driving.

COUNCIL ACTION: Start Time: 11:32 AM
PUBLIC COMMENT-11 (virtual):

Lori Saldaña commented on increasing water rates.

COUNCIL ACTION: Start Time: 11:33 AM
PUBLIC COMMENT-12 (virtual):

Peggy Walker commented on fentanyl and marijuana.

COUNCIL ACTION: Start Time: 11:35 AM
PUBLIC COMMENT-13 (virtual):

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, December 06, 2022
Anthony Avalos commented on medical cannabis.

COUNCIL ACTION: Start Time: 11:38 AM
PUBLIC COMMENT-14 (virtual):

Becky Rapp commented on proposed marijuana outlet.

COUNCIL ACTION: Start Time: 11:40 AM
PUBLIC COMMENT-15 (virtual):

Joy Sunyata commented on unsheltered people.

COUNCIL ACTION: Start Time: 11:42 AM
PUBLIC COMMENT-16 (virtual):

John Stump commented on non-agenda process.

COUNCIL ACTION: Start Time: 11:45 AM
PUBLIC COMMENT-17 (virtual):

Judy Strang commented on drug and drunk driving.

COUNCIL ACTION: Start Time: 11:47 AM
PUBLIC COMMENT-18 (virtual):

Kathleen Lippitt commented on single use plastic.

COUNCIL ACTION: Start Time: 11:49 AM

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

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, December 06, 2022
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.

COUNCIL ACTION: Start Time: 5:15 PM
CITY CLERK COMMENT:

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.

COUNCIL ACTION: Start Time: 5:16 PM
MAYOR 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 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.

COUNCIL ACTION: Start Time: 5:17 PM
COUNCIL COMMENT-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.

COUNCIL ACTION: Start Time: 5:18 PM
COUNCIL COMMENT-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 Asian Americans and Pacific Islanders community. She thanked Councilmember Cate for his dedication to public service.

COUNCIL ACTION: Start Time: 5:19 PM
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, December 06, 2022
COUNCIL COMMENT-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.

COUNCIL ACTION: Start Time: 5:22 PM
COUNCIL COMMENT-5:

Councilmember Cate shared that he has had an amazing run and it’s 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, Independent Budget Analyst, 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.

COUNCIL ACTION: Start Time: 5:24 PM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
10/10/2022
10/11/2022
10/17/2022
10/18/2022
10/24/2022 Adjourned
10/25/2022 Adjourned
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, December 06, 2022
Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

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

Item 30: Libby Borg Day.

MAYOR GLORIA AND COUNCIL PRESIDENT ELO-RIVERA’S RECOMMENDATION:

APPROVED
Proclaiming December 6, 2022, to be “Libby Borg Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:42 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 31: Elvin Lai Day.

COUNCILMEMBER CATE'S RECOMMENDATION:

APPROVED
Proclaiming December 8, 2022, as “Elvin Lai Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:42 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, December 06, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 32: Phet Keovoravongsa Guiney Day.

COUNCILMEMBER CATE'S RECOMMENDATION:

APPROVED
Proclaiming December 15, 2022, as “Phet Keovoravongsa Guiney Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:42 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 33: Ken-Tal Litter Pickers Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming December 6, 2022, to be “Ken-Tal Litter Pickers Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:42 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, December 06, 2022
Not Present: Monica Montgomery Steppe.

Item 34: Drugged and Drunk Driving Prevention Month.

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

APPROVED
Proclaiming December 2022, to be “Drugged and Drunk Driving Prevention Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:42 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 50: First Amendment to Contract with Vulcan Materials Company for Disposal Sites for Excavated Material in any Combination (ITB 10058074-16-L).

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this first amendment increases the not-to-exceed amount of the original asneeded agreement by $1,157,000 to a total of $10,619,928 over the 74-month term which expires in August 2022. Funds will come from the City's Water Fund, Muni Fund, and General Fund. See Staff Report for detailed fiscal considerations.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, December 06, 2022
Proposed Actions:
(O-2023-78) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the five year contract with Vulcan Materials Company (ITB 10058074-16-L), for the disposal of excavated material, to retroactively extend the effective term from June 25, 2021 to August 14, 2022, in the additional amount of $1,157,000, for a total not to exceed contract amount of $10,619,928.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

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

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

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

Public Utilities: William Curcio, (619) 908-2555
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 51: Exemption of One (1) Program Coordinator Position in the Performance & Analytics Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

This position was budgeted in the FY 2023 adopted budget.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, December 06, 2022
Proposed Actions:
(O-2023-89) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the City's Performance and Analytics Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on October 6, 2022. This Program Coordinator position will be responsible for overseeing the City's Short-Term Rental Lottery and Compliance Program. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Performance & Analytics: Kirby Brady, (619) 236-5587
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 52: Exemption of One Program Coordinator Position in the Department of Information Technology from Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The new unclassified one Program Coordinator position annual cost, including salaries and fringe benefits total approximately $160,000. Funds for this expense will be available in the Information Technology Fund. The position will be requested in the fiscal year 2024 budget process.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-90) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the City's Department of Information Technology from the Classified Service, based on advisory Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, December 06, 2022
review and favorable comment by the Civil Service Commission on September 1, 2022. This Program Coordinator position will be responsible for managing fiscal and administrative operations for the Department. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Sean Elo-Rivera;
Nay: Vivian Moreno;
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 53: Extension of the Ontario Systems Contract for Maintenance and Support of the Revenue Plus Collector System used for Citywide Debt Collection.

Total Estimated Cost of Proposed Action and Funding Source:

This action is to extend the agreement for two years until December 31, 2024 and increase the not-to-exceed (NTE) amount by $500,000. To be funded from the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-82) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance authorizing the Seventh Amendment to Contract with Columbia Ultimate, Inc. for maintenance and support of the City's debt collections system. 6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, December 06, 2022
Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting of November 3, 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.

Office of the City Treasurer: Jonathan Carey, (619) 533-3610 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 54: Extension of the Elive (formerly Compass Computer Systems) Contract for Annual Maintenance and Support of Compass Programs used for Citywide Debt Collection.

Total Estimated Cost of Proposed Action and Funding Source:

This action is to extend the agreement for two years until December 31, 2024, and increase the not-to-exceed (NTE) amount by $25,000. This will be funded by the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-81) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance 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.
6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, December 06, 2022
Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting of November 3, 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.

Office of the City Treasurer: Jonathan Carey, (619) 533-3610 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 55: First Amendment to the Agreement with DNV GL Noble Denton USA, LLC for Water Modeling Software Licensing and Software Support Services.

Total Estimated Cost of Proposed Action and Funding Source:

The total amount not-to-exceed for this action is $743,385.82, for the duration of two years.

Funds are, or will be, available in the Water Utility Operating Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-72) RETURNED TO STAFF
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a First Amendment to the Contract with DNV GL Noble Denton USA, LLC for water modeling and professional consulting services in an amount not to exceed $2,493,385.82, and extending the term through August 2, 2024.
6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, December 06, 2022
Committee Actions Taken:

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

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

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

Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:06 AM
Item 56: Execute Amendment No. 2 to Original Construction Cooperative Agreement, #11- 0717, with the California Department of Transportation, for the Purpose of Completing the Construction of the West Mission Bay Drive Bridge Project.

Total Estimated Cost of Proposed Action and Funding Source:

N/A. There are no costs associated with this Action.

Council District(s) Affected: 2.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/14/2022, Item 603 (Council voted 8- 0, Councilmember Moreno-not present):
(O-2023-79) ADOPTED AS ORDINANCE O-21575 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to Cooperative Agreement #11-0717 with the California Department of Transportation (Caltrans), extending the contract through June 30, 2024 at no cost, in connection with the West Mission Bay Drive Bridge Project.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Ryan P. Gerrity
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, December 06, 2022
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY CHRIS CATE 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 57: Amendments to Rules of Council.

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

Proposed Actions:

Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 11/14/2022, Item 604 (Council voted 8-0, Councilmember Moreno- not present):

Subitem-A: (O-2023-83 REV. COR. COPY) ADOPTED AS ORDINANCE O-21576 (New Series) Ordinance amending Chapter 2, Article 2, Division 1 of the San Diego Municipal Code by amending Section 22.0101 relating to the Rules of Council.

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

Subitem-B: (R-2023-293) ADOPTED AS RESOLUTION R-314481
Resolution 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.

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

Committee Actions Taken:

This item was heard at the Rules Committee meeting on November 4, 2022.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, December 06, 2022
ACTION: Motion by Chair Elo-Rivera, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.

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

Council District 9: Haley Lesser, (619) 236-6699
City Attorney Contact: Amendments to Rules of Council
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY CHRIS CATE TO DISPENSE WITH THE READING AND ADOPT 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 58: Modification to the Effective Date of the City's Sidewalk Vending Regulations Under Chapter 3, Article 6, Division 1 of the Municipal Code in the Coastal Overlay Zone and Amendments to Chapter 14, Article 1, Division 6 of the Municipal Code Relating to Pushcarts and Sidewalk Vendors.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact related to removal of language requiring Coastal Commission approval.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinances which were introduced on 11/14/2022, Item 605, Subitem B and Subitem C (Council voted 8-0, Councilmember Moreno- not present):

Subitem-A: (O-2023-37) ADOPTED AS ORDINANCE O-21577 (New Series) Ordinance 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.

Subitem-B: (O-2023-38) ADOPTED AS ORDINANCE O-21578 (New Series) Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, December 06, 2022
Ordinance amending Chapter 14, Article 1, Division 6, of the Municipal Code by amending Section 141.0619 relating to pushcarts and sidewalk vendors.

Committee Actions Taken: N/A
Council District 2: Venus Molina, (619) 236-6622
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY CHRIS CATE 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Sean Elo-Rivera;
Nay: Vivian Moreno;
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 59: 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.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/15/2022, Item 50 (Council voted 8- 0, Councilmember Moreno-not present):
(O-2023-67) ADOPTED AS ORDINANCE O-21579 (New Series)
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
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, December 06, 2022
Office of the City Attorney: Jim McNeill, (619) 236-6220 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY CHRIS CATE 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 60: 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:

Adopt the following Ordinance which was introduced on 11/15/2022, Item 51 (Council voted 8- 0, Councilmember Moreno-not present):
(O-2023-62) ADOPTED AS ORDINANCE O-21580 (New Series)
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.

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.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, December 06, 2022
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY CHRIS CATE 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 61: 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:

Adopt the following Ordinance which was introduced on 11/15/2022, Item 52 (Council voted 8- 0, Councilmember Moreno-not present):
(O-2023-48) ADOPTED AS ORDINANCE O-21581 (New Series)
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. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, December 06, 2022
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: 10:06 AM

CONSENT MOTION BY CHRIS CATE 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 62: 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:

Adopt the following Ordinance which was introduced on 11/15/2022, Item 53 (Council voted 8- 0, Councilmember Moreno-not present):
(O-2023-73) ADOPTED AS ORDINANCE O-21582 (New Series)
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.
6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, December 06, 2022
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: 10:06 AM

CONSENT MOTION BY CHRIS CATE 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 63: 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:

Adopt the following Ordinance which was introduced on 11/15/2022, Item 60, Subitem B (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-80) ADOPTED AS ORDINANCE O-21583 (New Series)
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, December 06, 2022
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.

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: 10:06 AM

CONSENT MOTION BY CHRIS CATE 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 64: 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.

Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, December 06, 2022
Proposed Actions:

Adopt the following Ordinance which was introduced on 11/15/2022, Item 61, Subitem B (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-63) ADOPTED AS ORDINANCE O-21584 (New Series)
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: 10:06 AM

CONSENT MOTION BY CHRIS CATE 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 65: Request to Exempt Two Program Coordinator Positions in the Planning Department from Classified Service.

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, December 06, 2022
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.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/15/2022, Item S501 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-84) ADOPTED AS ORDINANCE O-21585 (New Series)
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: 10:06 AM

CONSENT MOTION BY CHRIS CATE 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 66: Authorization for the Public Facilities Financing Authority of the City of San Diego 2023 Lease Revenue Bonds.

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, December 06, 2022
Total Estimated Cost of Proposed Action and Funding Source:

Please see "Fiscal Considerations" section of Staff Report.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/15/2022, Item 330, Subitem A, (Council voted 7-1, Councilmember von Wilpert-nay, Councilmember Moreno-not present):
(O-2023-64) ADOPTED AS ORDINANCE O-21586 (New Series)
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.

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: 10:06 AM

CONSENT MOTION BY CHRIS CATE 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, Chris Cate, Raul A. Campillo, Sean EloRivera; Nay: Marni von Wilpert, Vivian Moreno;
Recused: (None);
Not Present: Monica Montgomery Steppe.

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, December 06, 2022
Item 67: Single Use Plastic Reduction Ordinance: Final Environmental Impact Report and Ordinance Recommendations.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinances which were introduced on 11/15/2022, Item 331, Subitem B and Subitem C (Council voted 7-1, Councilmember Cate-nay, Councilmember Moreno-not present):

Subitem-A: (O-2023-77) ADOPTED AS ORDINANCE O-21587 (New Series) 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-B: (O-2023-76) ADOPTED AS ORDINANCE O-21588 (New Series) 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: 10:06 AM

CONSENT MOTION BY CHRIS CATE TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. (Cate moved the Consent Agenda, but voted nay on Item 67.) Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, December 06, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: Chris Cate;
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 68: 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:

Adopt the following Ordinance which was introduced on 11/15/2022, Item 334, Subitem E, (Council voted 8-0, Councilmember Moreno-not present):

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. (O-2023-75) ADOPTED AS ORDINANCE O-21589 (New Series)
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
Development Services: Benjamin Hafertepe, (619) 446-5086 City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 10:06 AM
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, December 06, 2022

CONSENT MOTION BY CHRIS CATE 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, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 69: 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:

Adopt the following Ordinance which was introduced on 11/15/2022, Item 335, Subitem B, (Council voted 8-0, Councilmember Moreno-not present):

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.
(O-2023-74) ADOPTED AS ORDINANCE O-21590 (New Series)
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.

Committee Actions Taken: N/A
Development Services: Xavier Del Valle, (619) 557-7941
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY CHRIS CATE TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, December 06, 2022
Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 70: 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:

Adopt the following Ordinance which was introduced on 11/15/2022, Item 336, (Council voted 7-1, Councilmember von Wilpert-nay, Councilmember Moreno-not present):
(O-2023-61 Cor. Copy) ADOPTED AS ORDINANCE O-21591 (New Series) 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
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY CHRIS CATE TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, December 06, 2022
Passed by the following vote:

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

Item 100: Authorization for a First Amendment to the Contract with WestAir Gases & Equipment, Inc. (BID 10089356-18-J) to Purchase Liquid Oxygen for the City’s Water Treatment Plants, Public Utilities Department.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-249) ADOPTED AS RESOLUTION R-314482
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with WestAir Gases & Equipment, Inc. for the purchase of liquid oxygen to allow for price increases related to costs of raw materials.

Committee Actions Taken:

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

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

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

Public Utilities: Hooman Partow, (619) 533-7577
City Attorney Contact: Melissa D. Ables
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, December 06, 2022
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 101: First Amendment to Contract with University of California San Diego (UCSD) to Provide Medical/Behavioral Health Direction and Clinical Oversight for Emergency Medical Services.

Total Estimated Cost of Proposed Action and Funding Source:

The annual cost of medical director services and behavioral health services is $483,997 per year and we are budgeted in the Emergency Medical Services Transport Program Fund. The anticipated annual cost increase is 4.0%, contingent upon City's written approval. The total agreement not-to-exceed amount is $2,621,479 if all options to renew are exercised.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-289) ADOPTED AS RESOLUTION R-314483
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with UCSD Medical Center to extend the term to September 19, 2027 and increase the total not-to-exceed amount to $2,621,479.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting of November 16, 2022.

ACTION: Motion by Chair Montgomery Steppe, 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.

Fire-Rescue: Colin Stowell, Fire Chief, (619) 533-4301
City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, December 06, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 102: Authorize an Agreement with HDR Engineering, Inc. for Stormwater Capital Improvements Program Management and Engineering Design Services (H2226019).

Total Estimated Cost of Proposed Action and Funding Source:

The not-to-exceed cost of this item is $75,000,000 over five years funded from the Capital Improvement Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-296) ADOPTED AS RESOLUTION R-314484
Resolution authorizing an agreement with HDR Engineering, Inc. for as-needed Stormwater Capital Improvement program management and engineering design services, in an amount not to exceed $75 million over five years and related funding actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting of November 16, 2022.

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

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

Stormwater Department: Sumer Hasenin, (858) 541-4366
City Attorney Contact: Jerod Markley
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, December 06, 2022
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 103: Authorize the Stormwater Department to Accept and Appropriate Funding for a California Department of Water Resources Grant for the Upper Auburn Creek Revitalization Project.

Total Estimated Cost of Proposed Action and Funding Source:

This grant will not require the expenditure of any City funds and there is no local matching cost share requirement.

Council District(s) Affected: 9.

Proposed Actions:

Subitem-A: (R-2023-241) ADOPTED AS RESOLUTION R-314485
Resolution determining that negotiation and execution of a Department of Water Resources grant agreement, and acceptance, appropriation, and expenditure of grant funding for Upper Auburn Creek Revitalization Project for preliminary planning activities are exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15061(b)(3) and 15262.

Subitem-B: (R-2023-242) ADOPTED AS RESOLUTION R-314486
Resolution authorizing negotiation and execution of a Department of Water Resources grant agreement, and acceptance, appropriation, and expenditure of grant funding for the Upper Auburn Creek Revitalization Project (S-22008).

Committee Actions Taken: N/A
Stormwater Department: Sumer Hasenin, (858) 541-4336
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, December 06, 2022
Item 104: Authorize the Appropriation and Expenditure of $128 million of U.S. Environmental Protection Agency Water Infrastructure Finance and Innovation Act (WIFIA) Program Loan Funds.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost will be $128M of the City of San Diego's Capital Improvement Fund Program as funded by the WIFIA loan.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-294) ADOPTED AS RESOLUTION R-314487
Resolution determining appropriation of $128 million in federal Water Infrastructure Finance and Innovation Act (WIFIA) loan funds and $32,543,000 in debt-funded General Fund Capital Improvement Program funds for the City's Stormwater Capital Improvement Program is exempt from the California Environmental Quality Act pursuant to sections 15262 and 15061(b)(3) of the CEQA Guidelines.

Subitem-B: (R-2023-295) ADOPTED AS RESOLUTION R-314488
Resolution authorizing the Chief Financial Officer to increase the Stormwater Capital Improvement Program Budget, and to appropriate and expend an amount not-to-exceed $128 million in WIFIA loan funds and not-to-exceed $32,543,000 in debt-funded General Fund Capital Improvement Program funds for the purpose of stormwater capital improvement projects.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting of November 16, 2022.

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

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

Stormwater Department: Sumer Hasenin, (858) 541-4366
City Attorney Contact: Jerod Markley
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, December 06, 2022
Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 105: Fiscal Year 2022 Urban Area Security Initiative Grant Program.

Total Estimated Cost of Proposed Action and Funding Source:

This action is to authorize the administration of $16,696,000 of Urban Area Security Initiative grant funding for San Diego Urban Area regional projects, a portion of which will be retained by the City of San Diego.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-231) ADOPTED AS RESOLUTION R-314489
Resolution authorizing the Chief Financial Officer to increase the Fiscal Year 2022 Budget, and to accept, appropriate and expend an amount not-to-exceed $16,696,00, and any additional grant funding awarded under the Homeland Security Grant Program, contingent upon receipt of a fully executed Grant Agreement if the Grant Funding is secured.

Committee Actions Taken:

This item was heard at the Public Safety and Livable Neighborhoods Committee meeting of November 16, 2022.

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

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

Office of Emergency Services: Megan Beall, (619) 533-6764 City Attorney Contact: Lara Easton
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, December 06, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 106: Revisions to the City of San Diego’s Reserve Policy.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-277) CONTINUED TO TUESDAY, DECEMBER 13, 2022
Resolution amending Council Policy No. 100-20 Reserve Policy.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting of November 18, 2022.

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

VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.

Department of Finance: Benjamin Battaglia, (619) 533-3717 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 11:05 AM
MOTION BY MARNI VON WILPERT TO CONTINUE TO TUESDAY, DECEMBER 13, 2022, FOR FURTHER REVIEW. Second by Sean Elo-Rivera.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, December 06, 2022
Item 107: Adopting an Amended Conflict of Interest Code for San Diego City Employees’ Retirement System (SDCERS).

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal considerations
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-279) ADOPTED AS RESOLUTION R-314490
Resolution Adopting an Amended Conflict of Interest Code for the San Diego City Employees' Retirement System.

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

Committee Actions Taken: N/A
SDCERS: Johnny Tran, (619) 525-3644
City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 108: Adopting an Amended Conflict of Interest Code for the Environmental Services Department.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Minutes of the Council of the City of San Diego Page 46 for the Regular Meeting of Tuesday, December 06, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-265) ADOPTED AS RESOLUTION R-314491
Resolution adopting an amended Conflict of Interest Code for the Environmental Services Department.

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

Committee Actions Taken: N/A
Environmental Services: Matthew Cleary, (858) 573-1214
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 109: Adopting an Amended Conflict of Interest Code for the Engineering & Capital Projects Department.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-258) ADOPTED AS RESOLUTION R-314492
Resolution adopting an amended Conflict of Interest Code for the Engineering and Capital Projects Department.

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

Minutes of the Council of the City of San Diego Page 47 for the Regular Meeting of Tuesday, December 06, 2022
Committee Actions Taken: N/A
Engineering & Capital Projects: Mark Gonzalez, (619) 533-4180 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 110: Adopting and Amended Conflict of Interest Code for the Performance & Analytics Department.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-222) ADOPTED AS RESOLUTION R-314493
Resolution adopting an amended Conflict of Interest Code for the Performance & Analytics Department.

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

Committee Actions Taken: N/A
Performance & Analytics: Angela Wells, (619) 236-6163
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 48 for the Regular Meeting of Tuesday, December 06, 2022
Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 111: Adopting an Amended Conflict of Interest Code for the Human Resources Department.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-256) ADOPTED AS RESOLUTION R-314494
Resolution adopting an amended Conflict of Interest Code for the Human Resources Department.

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

Committee Actions Taken: N/A
Human Resources: Jeremy Culuko, (619) 395-6285
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 112: Adopting an Amended Conflict of Interest Code for the Planning Department.

Minutes of the Council of the City of San Diego Page 49 for the Regular Meeting of Tuesday, December 06, 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-2023-262) ADOPTED AS RESOLUTION R-314495
Resolution adopting an amended Conflict of Interest Code for the Planning Department.

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

Committee Actions Taken: N/A
Planning: Scott Mercer, (619) 533-3676
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 113: Adopting an Amended Conflict of Interest Code for the Police 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-2023-274 Cor. Copy) ADOPTED AS RESOLUTION R-314496
Resolution adopting an amended Conflict of Interest Code for the San Diego Police Department.

Minutes of the Council of the City of San Diego Page 50 for the Regular Meeting of Tuesday, December 06, 2022
This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Police: Venus Wong, (619) 531-2108
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 114: Adopting an Amended Conflict of Interest Code for the Purchasing & Contracting 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-2023-257) ADOPTED AS RESOLUTION R-314497
Resolution adopting an amended Conflict of Interest Code for the Purchasing and Contracting Department.

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

Committee Actions Taken: N/A
Purchasing & Contracting: Claudia Abarca, (619) 236-5921 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:06 AM
Minutes of the Council of the City of San Diego Page 51 for the Regular Meeting of Tuesday, December 06, 2022
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 115: Settlement of Diane Noel Lloyd v. City of San Diego, San Diego Superior Court Case No. 37-2021-00048939-CU-PO-CTL, Claim No. 27270.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $500,000 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-264) ADOPTED AS RESOLUTION R-314498
Resolution authorizing the settlement of Diane Noel Lloyd v. City of San Diego, San Diego Superior Court Case No. 37-2021-00048939-CU-PO-CTL, related to a claim for personal injuries sustained from an alleged dangerous condition in the roadway located on Clairemont Drive in the City of San Diego on December 30, 2020. Risk Claim No. 27270.

Committee Actions Taken: N/A
Office of the City Attorney: Dave E. Abad, (619) 533-5821 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Minutes of the Council of the City of San Diego Page 52 for the Regular Meeting of Tuesday, December 06, 2022
Item 116: Settlement of the San Diego Air Pollution Control District Notices of Violation at FireRescue Training Facility and 101 Ash Street.

Total Estimated Cost of Proposed Action and Funding Source:

Please see the Fiscal Considerations section of the Staff Report.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-261) ADOPTED AS RESOLUTION R-314499
Resolution determining that a Citywide Tree Planting Program is exempt from the California Environmental Quality Act Pursuant to sections 15304(b) (Minor Alterations to Land) of the CEQA Guidelines.

Subitem-B: (R-2023-232) ADOPTED AS RESOLUTION R-314500
Resolution authorizing the settlement of the San Diego Air Pollution Control District’s Notice of Violations NOV APCD2019-NOV-000197, NOV APCD2019-NOV-000702, NOV APCD2020-NOV000062, NOV APCD2020-NOV-000067, and NOV APCD2020-NOV-000100 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.

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 117: Settlement of Sriloga Kathirelavan v. City of San Diego, et al., San Diego Superior Court Case No. SDSC 37-2021-00015045-CU-PO-CTL, Risk Claim No. 26043.

Minutes of the Council of the City of San Diego Page 53 for the Regular Meeting of Tuesday, December 06, 2022
Total Estimated Cost of Proposed Action and Funding Source:

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

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-230 Cor. Copy) ADOPTED AS RESOLUTION R-314501
Resolution authorizing the settlement of Sriloga Kathirelavan v. City of San Diego, et al., San Diego Superior Court Case No. SDSC 37-2021-00015045-CU-PO-CTL, related to a claim for personal injury damages stemming from a falling lamppost at Ocean Air Recreation Center located at 4770 Fairport Way, San Diego, CA, on September 29, 2020. Risk Claim No. 26043.

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

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 118: Settlement of Estate of Timothy Gene Smith, et al. v. COSD et al., San Diego Superior Court Case No. USDC 16cv2989 WQH (MSB); Risk No. 12012.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $495,000 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 54 for the Regular Meeting of Tuesday, December 06, 2022
Proposed Actions:
(R-2023-218) ADOPTED AS RESOLUTION R-314502
Resolution authorizing the settlement of Estate of Timothy Gene Smith, et al. v. COSD et al., San Diego Superior Court Case No. USDC 16cv2989 WQH (MSB), related to an officer-involved shooting death of Timothy Smith on November 4, 2015, in Pacific Beach. Risk Claim No. 12012.

Committee Actions Taken: N/A
Office of the City Attorney: Tyler L. Krentz, (619) 533-4542 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 119: Settlement of Gloria Richley v. City of San Diego, San Diego Superior Court Case No. 37-2019-00045689-CU-PO-CTL, Risk Claim No. 22660.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $350,000.00 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-199) ADOPTED AS RESOLUTION R-314503
Resolution authorizing the settlement of Gloria Richley v. City of San Diego, San Diego Superior Court Case No. 37-2019-00045689-CU-PO-CTL, related to injuries sustained in a trip and fall that occurred on March 14, 2019, at 3493 Larga Circle, San Diego. Risk Claim No. 22660.

Committee Actions Taken: N/A
Office of the City Attorney: Norma A. Morales, (619) 235-5794 Minutes of the Council of the City of San Diego Page 55 for the Regular Meeting of Tuesday, December 06, 2022
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 120: Settlement of Richard Bareno v. City of San Diego, et al., San Diego Superior Court Case No. 37-2020-00026802-CU-PA-CTL, Risk No. 21600.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $125,000 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-203) ADOPTED AS RESOLUTION R-314504
Resolution authorizing the settlement of Richard Bareno v. City of San Diego et. al., San Diego Superior Court Case No. 37-2020-00026802-CU-PA-CTL, related to a claim of personal injury arising from a car accident at the intersection of Jamacha Road and Meadowbrook Drive on December 16, 2018. Risk Claim No. 21600.

Committee Actions Taken: N/A
Office of the City Attorney: Michelle T. Neff, (619) 533-5834 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Minutes of the Council of the City of San Diego Page 56 for the Regular Meeting of Tuesday, December 06, 2022
Item 121: Settlement of Steven Scholl v. City of San Diego, San Diego Superior Court Case No. 37-2020-00028821-CU-PO-CTL, Risk Claim No. 24697.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $1,380,000 from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-204) ADOPTED AS RESOLUTION R-314505
Resolution authorizing the settlement of Steven Scholl v. City of San Diego, San Diego Superior Court Case No. 37-2020-00028821-CU-PO-CTL, personal injuries sustained from a bicycle accident that occurred on March 24, 2020 at North Harbor Drive, near Spanish Landing, San Diego, California. Risk Claim No. 24697.

Committee Actions Taken: N/A
Office of the City Attorney: Sarah Wigdor-Roberts, (619) 533-5854 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 122: Authorization to Approve a Settlement with SDG&E on Terms set forth in the Stipulation for Entry of Judgment and Final Order of Compensation to Expand SDG&E’s Existing Sunrise Powerlink Easement on City-owned Property known as El Capitan Reservoir to Relocate and add Helicopter Landing Pads.

Total Estimated Cost of Proposed Action and Funding Source:
$2,500 will be deposited into the Water Capital Improvement Program Fund.

Council District(s) Affected: Outside of City limits.

Minutes of the Council of the City of San Diego Page 57 for the Regular Meeting of Tuesday, December 06, 2022
Proposed Actions:
(R-2023-290) ADOPTED AS RESOLUTION R-314506
Resolution authorizing the settlement of an eminent domain action brought by SDG&E against the City of San Diego (San Diego Gas & Electric Company v. City of San Diego, San Diego Superior Case No. 37-2020-00029860-CU-EI-CTL) to condemn certain easement rights in Cityowned real property located at the El Capitan Reservoir in San Diego County, consisting of portions of Assessor Parcel Nos. 402-070-05, 402-080-01 and 402-080-06, for the modification of helicopter landing pad locations to allow for improved helicopter access to SDG&E’s Sunrise Powerlink facilities.

Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Mary Carlson, (619) 236-6079 City Attorney Contact: Marco A. Verdugo
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 123: Appointment and Reappointment to the Convention Center Corporation Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 3, 8.

Proposed Actions:
(R-2023-284) ADOPTED AS RESOLUTION R-314507
Resolution confirming the Mayor's Appointment of Alyssa Turowski and reappointment of Jeffrey Gattas to the San Diego Convention Center Corporation Board of Directors for terms ending December 1, 2025.

Minutes of the Council of the City of San Diego Page 58 for the Regular Meeting of Tuesday, December 06, 2022
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: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 124: Appointments and Reappointment to the Board of Library Commissioners.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2, 3, 6.

Proposed Actions:
(R-2023-288) ADOPTED AS RESOLUTION R-314508
Resolution confirming the Mayor's Appointments of Sara Moga-Alemany, for a term ending March 1, 2024, and Dr. Wendy Ranck-Buhr, for a term ending March 1, 2023, to the Board of Library Commissioners, and reappointment of Linda Caballero Sotelo for a term ending March 1, 2023.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 59 for the Regular Meeting of Tuesday, December 06, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 125: Appointment and Reappointment to the Accessibility Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2.

Proposed Actions:
(R-2023-266) ADOPTED AS RESOLUTION R-314509
Resolution confirming the Mayor's appointment of Diane Koczur and reappointment of Elaine Mary Cooluris for terms ending June 30, 2024, to the Accessibility Advisory Board.

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: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 126: Appointments and Reappointments to the Human Relations Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this item.

Minutes of the Council of the City of San Diego Page 60 for the Regular Meeting of Tuesday, December 06, 2022
Council District(s) Affected: 1, 2, 3, 8, 9.

Proposed Actions:
(R-2023-267) ADOPTED AS RESOLUTION R-314510
Resolution confirming the Mayor's Appointments of Ryan Trabuco for a term ending July 22, 2026, and Dr. Yessica Diaz Roman for a term ending July 22, 2024, and Reappointments of Olympia Beltran, Nicole Murray-Ramirez, and Jeffrey Razi-Jafari for terms ending July 22, 2026, Rickie Brown and Faye Detsky-Weil for terms ending July 22, 2025, and April Purcell for a term ending July 22, 2023, to the Human Relations Commission.

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: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 127: Appointment to the Consolidated Plan Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 5.

Proposed Actions:
(R-2023-252) ADOPTED AS RESOLUTION R-314511
Resolution confirming the Mayor's Appointment of Lauren Balcita Garces to the Consolidated Plan Advisory Board for a term expiring July 1, 2023.

Minutes of the Council of the City of San Diego Page 61 for the Regular Meeting of Tuesday, December 06, 2022
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: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 128: Appointment to the Privacy Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 4.

Proposed Actions:
(R-2023-282) ADOPTED AS RESOLUTION R-314512
Resolution confirming the Mayor's appointment of "Khalid" Paul Alexander to the Privacy Advisory Board for a term ending March 15, 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: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Minutes of the Council of the City of San Diego Page 62 for the Regular Meeting of Tuesday, December 06, 2022
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 129: Amendments to the 2023 Legislative Calendar.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-300) ADOPTED AS RESOLUTION R-314513
Resolution amending the 2023 Legislative Calendar.

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

Committee Actions Taken: N/A
Council District 2: Haley Lesser, (619) 236-6699
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 330: Fiscal Year 2023 Capital Improvements Program (CIP) Mid-Year Budget Monitoring Report and CIP Budget Revisions.

Total Estimated Cost of Proposed Action and Funding Source:

See Fiscal Year 2023 CIP Mid-Year Budget Monitoring Report.

Minutes of the Council of the City of San Diego Page 63 for the Regular Meeting of Tuesday, December 06, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-260) ADOPTED AS RESOLUTION R-314515
Resolution authorizing mid-year amendments to the Fiscal Year 2023 Capital Improvements Program Budget.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting of November 16, 2022.

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

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

Department of Finance: Michael Pelayo, (619) 236-6763
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Chris Cate.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 331: First Amendment to the Non-Profit Agreement with Jewish Family Service for the Safe Parking Program.

Total Estimated Cost of Proposed Action and Funding Source:

Funding of $1,436,797.00 was previously authorized by City Council on June 27, 2022. The amendment to increase the budget by $421,273 is available through the City’s award of the Family Homelessness Challenge Grant. With the inclusion of the additional funds, the total operating budget for the Non-Agreement with Jewish Family Service for the Safe Parking Program is $1,858,070.

Minutes of the Council of the City of San Diego Page 64 for the Regular Meeting of Tuesday, December 06, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-287) ADOPTED AS RESOLUTION R-314516
Resolution authorizing a First Amendment to the Non-Profit Agreement with Jewish Family Service for the Safe Parking Program.

Committee Actions Taken: N/A
Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 3:12 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item 332: Authorization for the City of San Diego Sewer Interim Financing for the Sewer Fund Portion of the Pure Water Project Phase 1.

Total Estimated Cost of Proposed Action and Funding Source:

The Sewer Interim Financing includes project funds for up to $150 million. At the rate as of November 15, 2022 of 80% of the Daily Simple SOFR plus 31 basis points and the assumption that an average of $75 million will be the average amount outstanding on the Revolver, the projected annual debt service and fees are approximately $2.6 million. The total projected debt service cost funded by the Sewer Utility Fund is $7.8 million over the duration of 3 years.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-259) ADOPTED AS RESOLUTION R-314517
Resolution 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; and approving certain other actions in connection therewith.

Minutes of the Council of the City of San Diego Page 65 for the Regular Meeting of Tuesday, December 06, 2022
Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting of October 13, 2021.

ACTION: Motion by Councilmember Whitburn, second by Councilmember Campillo, to recommend Council approval of staff's proposed actions.

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

Department of Finance: Kevin Werner, (619) 533-6121
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:24 PM
MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Sean Elo-Rivera;
Nay: Vivian Moreno;
Recused: (None);
Not Present: Monica Montgomery Steppe.

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

Item S500: Mara Morrison Day.

COUNCILMEMBER VON WILPERT’S RECOMMENDATION:

APPROVED
Proclaiming December 15, 2022, as “Mara Morrison Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:42 AM
MOTION BY CHRIS CATE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 66 for the Regular Meeting of Tuesday, December 06, 2022
Not Present: Monica Montgomery Steppe.

Item S501: Affordable Housing Loan Agreement-PATH Villas El Cerrito Phase 1.

Total Estimated Cost of Proposed Action and Funding Source:

City affordable housing loan in amount of $2,050,000 from the Permanent Local Housing Allocation fund.

Council District(s) Affected: 9.

Proposed Actions:
(R-2023-306) ADOPTED AS RESOLUTION R-314518
Resolution of the Council of the City of San Diego approving the Loan Agreement for the PATH Villas El Cerrito Phase I Affordable Housing Project within the College Area Community Plan Area and authorizing a related loan in an amount not-to-exceed $2,050,000, to the project developer, PATH Villas El Cerrito 1, L.P.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William Witt
COUNCIL ACTION: Start Time: 4:12 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item S502: Type II Cannabis Equity Grants Program for Local Jurisdictions.

Total Estimated Cost of Proposed Action and Funding Source:

The total funds applied for in this grant are $5,000,000.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 67 for the Regular Meeting of Tuesday, December 06, 2022
Proposed Actions:
(R-2023-318) ADOPTED AS RESOLUTION R-314514
Resolution authorizing the execution of a grant agreement with the California Governor’s Office of Business and Economic Development to receive up to $5,000,000 in Cannabis Equity Grants Program funds 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.

Committee Actions Taken: N/A
Development Services: Lara Gates, (619) 446-5107
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY CHRIS CATE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

Item S503: Resolution Authorizing the Execution of Lease and Related Agreement with SCP Park Services for City-Owned Property commonly known as Horton Plaza Urban Park in Downtown San Diego, making certain determinations in accordance with the CEQA and waiving of certain requirements in Council Policy 700-10.

Total Estimated Cost of Proposed Action and Funding Source:

Please see Staff Report.

Council District(s) Affected: 3.

Proposed Actions:
(R-2023-320 Cor. Copy) ADOPTED AS RESOLUTION R-314519
Resolution 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 Minutes of the Council of the City of San Diego Page 68 for the Regular Meeting of Tuesday, December 06, 2022
Downtown San Diego, making certain determinations in accordance with the California Environmental Quality Act, and waiving of certain requirements in Council Policy 700-10.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 3:45 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:29 p.m.

COUNCIL ACTION: Start Time: 5:29 PM