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Annotated agenda

San Diego City Council
December 13, 2022

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Annotated agenda
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December 13, 2022
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San Diego City Council
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CITY COUNCIL MEETING RESULTS SUMMARY
DATE: TUESDAY, DECEMBER 13, 2022, COUNCIL MEETING RECORDER: MEDINA/HILARIO This is a summary of the actions taken by the City Council. It is NOT equivalent to the Minutes which, when approved by the City Council, constitute the official record of the meeting.

R 314525 ITEM
NO. ACTIONS
O 00000
Motion
/
Second
VOTE
Approved
Approving the City Council Minutes
of: 10/31/2022 Adjourned; 10/31/2022
Special; 11/1/2022; 11/7/2022
Adjourned; 11/8/2022 Adjourned;
11/14/2022 Adjourned
11/14/2022 Special; 11/15/2022;
11/21/2022 Adjourned; 11/22/2022
Adjourned; 11/28/2022 Adjourned;
and 11/29/2022 Adjourned
4/2 Unanimous; 7-not present
30 Approved
Proclaiming 12/13/2022, to be
“University City Centurions Day”
1/6 Unanimous; all present
50 Introduced (O-2023-93)
Repealing Ordinance O-21178 which
authorized the acceptance of
electronic signatures in place of
original signatures on ordinances and
resolutions during the COVID-19
emergency
I 1/5 Unanimous; all present
51 Introduced (O-2023-95)
Authorizing the obligations of
construction contract K-18-1472-DBB3 for the construction of the West Mission Bay Drive Bridge Project, with
Flatiron West, Inc. (NOTE: 6 votes
required)
I 1/5 Unanimous; all present
52 Introduced (O-2023-88)
Authorizing the exemption of two
Program Coordinator positions in the
Risk Management Department
I 1/5 12345679-yea; 8-nay
53 Introduced (O-2023-96)
Authorizing the exemption of two
Program Manager positions in the
Office of Race and Equity
I 1/5 Unanimous; all present
54 Introduced (O-2023-92)
Authorizing the exemption of one
Program Coordinator position in the
Environmental Services Department
I 1/5 12345679-yea; 8-nay
100 This item has been removed from
the agenda
101 Adopted (R-2023-278)
Amending Council Policy No. 100-05
User Fee Policy
R 314525 1/5 Unanimous; all present
102 Adopted (R-2023-313)
Authorizing the ninth extension to the
Agreement with Allan Company for
operation of the Miramar Landfill
Recycling Center
R 314526 1/5 Unanimous; all present
103 Adopted (R-2023-317)
Ratifying the seventeen (17)
engineering and capital projects FY
2022 emergency sole source contracts
(NOTE: 6 votes required)
R 314527 1/5 Unanimous; all present
104a Adopted (R-2023-285)
Entering into an Agreement with
Baker & Taylor, LLC, for the as-needed
purchase of library books and related
processing services
R 314528 1/5 Unanimous; all present
104b Adopted (R-2023-286)
Entering into an Agreement with
Midwest Tape, LLC, for the as-needed
purchase of audio/visual materials and
related processing services
R 314529 1/5 Unanimous; all present
105a Adopted (R-2023-292)
Determining that the Agreement with
Sukut Construction, LLC for the design
and construction of an Organic Waste
Processing Facility at the Miramar
Landfill is consistent with the PEIS /
MEIR for the Miramar Landfill and
constitutes subsequent discretionary
action
R 314530 1/5 Unanimous; all present
105b Adopted (R-2023-291)
Authorizing the award of a DesignBuild Agreement to Sukut Construction, LLC for design and
construction of an Organic Waste
Processing Facility at the Miramar
Landfill
R 314531 1/5 Unanimous; all present
106 Adopted (R-2023-310)
Adopting the Amended Flexible
Benefits Plan for eligible employees
for CY 2023
R 314532 1/5 Unanimous; all present
107 Adopted (R-2023-304)
Adopting an amended Conflict of
Interest Code for the Special Events
and Filming Department
(NOTE: Not subject to Mayor’s veto)
R 314533 1/5 Unanimous; all present
108 Adopted (R-2023-305) R 314534 1/5 Unanimous; all present Adopting a Conflict of Interest Code
for the Compliance Department
(NOTE: Not subject to Mayor’s veto)
109 Adopted (R-2023-311)
Adopting a Conflict of Interest Code
for the Stormwater Department
(NOTE: Not subject to Mayor’s veto)
R 314535 1/5 Unanimous; all present
110 Adopted (R-2023-283)
Adopting an amended Conflict of
Interest Code for the Office of Race
and Equity
(NOTE: Not subject to Mayor’s veto)
R 314536 1/5 Unanimous; all present
111 Adopted (R-2023-303)
Adopting an amended Conflict of
Interest Code for the Transportation
Department
(NOTE: Not subject to Mayor’s veto)
R 314537 1/5 Unanimous; all present
112 Adopted (R-2023-307)
Adopting an amended Conflict of
Interest Code for the Risk
Management Department
(NOTE: Not subject to Mayor’s veto)
R 314538 1/5 Unanimous; all present
113 Adopted (R-2023-228)
Authorizing the settlement of
Settlement with Hugh Ward, related
to damages sustained as a result of a
failed water supply pipeline
R 314539 1/5 Unanimous; all present
114 Adopted (R-2023-301 Cor. Copy)
Declaring a continued state of local
emergency regarding the COVID-19
pandemic, pursuant to California
Government Code section 8630
R 314540 1/5 Unanimous; all present
115 Adopted (R-2023-127)
Declaring a Continued State of
Emergency regarding raw sewage,
solid waste, and sediment coming
from Tijuana, Mexico
R 314541 1/5 Unanimous; all present
S500a Adopted (R-2023-322)
Declaring an exemption from CEQA
for the approval of the FY 2023 City
Council allocations of Arts, Culture
and Community Festivals (ACCF)
funding awards, pursuant to Council
Policy 100-23, to nonprofit
organizations with existing contracts
with the CoSD's Commission for Arts
and Culture
R 314542 1/5 Unanimous; all present
S500b Adopted (R-2023-321) R 314543 1/5 Unanimous; all present Approving FY 2023 City Council
allocations of Arts, Culture and
Community Festivals (ACCF) funding
awards, pursuant to Council Policy
100-23, to nonprofit organizations
with existing contracts with the
CoSD's Commission for Arts and
Culture
S502 Adopted (R-2023-325)
Authorizing the Fourth Amendment to
the Agreement with Herc Rentals, Inc.
for additional large equipment rental
services
R 314544 1/5 Unanimous; all present
S503 Adopted (R-2023-326)
Reconsidering the circumstances of
the state of emergency related to
COVID-19 and making findings to
continue teleconferencing
(NOTE: Not subject to Mayor’s veto)
R 314545 1/5 Unanimous; all present
330 Item Presented
Presenting the Fiscal Year 2023 First
Quarter Budget Monitoring Report
331 Item Presented
Presenting the Fiscal Year 2024-2028
Five-Year Financial Outlook
332 Continued to 1/10/2023
Presenting the Public Utilities Fiscal
Year 2024-2028 Five-Year Financial
Outlook
9/4 Unanimous; 5-not present
333a Adopted (R-2023-328 Cor. Copy)
Declaring an exemption from CEQA
for the approval of the amendments
to the SDMC
R 314546 1/2 Unanimous; 8-not present
333b Introduced (O-2023-91 Cor. Copy)
Amending the SDMC, relating to
beach fires
I 1/2 Unanimous; 8-not present
334 Continued to 12/15/2022
(R-2023-273)
Approving the 2023-2024 State and
Federal Legislative Platform
1/2 Unanimous; 5-not present
335a Adopted (R-2023-297)
Declaring an exemption from CEQA
for the approval of the Bayshore
Bikeway easement vacation
(NOTE: Not subject to Mayor’s veto)
R 314547 8/4 Unanimous; all present
335b Adopted (R-2023-298) R 314548 8/4 Unanimous; all present Vacating a pedestrian overpass
easement for the Bayshore Bikeway
Barrio Logan project
(NOTE: Not subject to Mayor’s veto)
336 Adopted (R-2023-299)
Approving CDP No. 2590298 for the
Smythe and Via de la Bandola Habitat
Mitigation Project
(NOTE: Not subject to Mayor’s veto)
R 314549 8/5 Unanimous; all present
337 Denied the Appeal and Approved
the Environmental Determination
(R-2023-337)
Denying and Approving the Appeal of
an Agreement with West Coast
Arborists, Inc. to perform tree
maintenance services for streets right
of way
(NOTE: Not subject to Mayor’s veto)
R 314550 1/9 Unanimous; all present
338 Denied the Appeal and Approved
the Environmental Determination
(R-2023-336)
Denying and Approving the Appeal
for a RFP of Landscape Services for
the Library Department. The RFP is
utilized to procure bids from
contractors that shall perform
complete landscape maintenance for
all Contract Sites (35 Library Branches,
San Carlos Vacant Lot, and Ocean
Beach Annex) identified
(NOTE: Not subject to Mayor’s veto)
R 314551 1/2 Unanimous; all present
339 Adopted (R-2023-277)
Amending Council Policy No. 100-20
Reserve Policy
R 314552 1/9 Unanimous; all present
S501 Adopted (R-2023-312)
Declaring the CoSD to be a safe city
for transgender, non-binary, and
gender diverse youth
R 314553 3/5 Unanimous; 8-not present
QUIT Q
*COMMENTS
Non-Agenda Public Comment:

PC-1: Meron Assemene commented on wildlife conservation.

PC-2: Jasmine Nelson commented on healthcare.

PC-3: Miguel Eichen commented on at risk youth.

PC-4: Sydney Purdum commented on arts funding.

PC-5: Delroy Ablola-Davis commented on homelessness.

PC-6: Mikayala Cantore commented on systemic racism.

PC-7: Coral Ortiz commented on gun laws.

PC-8: Laura Riebam commented on family health centers path building in El Cerrito.

PC-9: Richard Pearson commented on our home.

PC-10: Bob Kuczewski commented on council policies.

PC-11: Karen V. commented on mis/disinformation.

PC-12: Gretchen G. commented on too many items on consent.

PC-13 (virtual): Diane Grace commented on marijuana use PC-14 (virtual): Joy Sunyata commented on High Tech High; IBA Report 22-30; and thanking Governor Newsom on housing crisis.

PC-15 (virtual): Terry Ann-Skelley commented on marijuana sales.

PC-16 (virtual): John Stump commented on reviewing City Charter.

PC-17 (virtual): Becky Rapp commented on marijuana shops.

PC-18 (virtual): Mark Wilcox commented on marijuana businesses.

PC-19 (virtual): Unknown caller commented on hit and run.

PC-20 (virtual): Judi Strang commented on tobacco/marijuana products.

PC-21 (virtual): Unknown caller commented on psychological operation.

Mayor, Council, City Attorney, Independent Budget Analyst, City Clerk Comment:

CC-1: Council President Pro Tem Montgomery Steppe commented on congratulating the Lincoln High School football team in District 4. She mentioned they’re the first in school history to secure the division 1-AA Southern California State Championship and she’s so proud of their accomplishment. Council President Pro Tem also congratulated Coach David Dunn on his leadership with the team.

CC-2: Councilmember von Wilpert commented on how President Biden will be signing the Respect for Marriage Act today. This legislation was passed by a bipartisan coalition in Congress which will erase the Defense of Marriage Act; previously recognizing marriages only between a man and a woman. The Respect for Marriage Act will now prohibit states from denying the validity of out of state marriages based on a couple’s sex, race, or ethnicity.

CC-3: Councilmember Whitburn commented on joining people around the country who are celebrating the historic signing of the Respect for Marriage Act. He noted it’s a great day when we protect people’s ability to marry the person they love regardless of what sexual orientation or race they are. Councilmember Whitburn announced his pride in our City and for all it does to welcome everyone.

CC-4: Councilmember Campbell commented on it being a historic day since the Respect for Marriage Act heads to President Biden’s desk for his signature. She noted this act protects basic human rights of same sex and interracial couples, and this bill will make it legal for Americans to marry whomever they love regardless of sexual orientation or race.

Report Out from Closed Session:

The City Attorney gave a report out of Closed Session.

Council President Elo-Rivera adjourned the meeting at 5:41 p.m.

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