Minutes — San Diego City Council, December 13, 2022

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, DECEMBER 13, 2022
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................4 ATTENDANCE DURING THE MEETING.....................................................................................................................4 ROLL CALL...........................................................................................................................................................................5 PLEDGE OF ALLEGIANCE ...............................................................................................................................................5 CLOSED SESSION .............................................................................................................................................................5 NON-AGENDA PUBLIC COMMENT...........................................................................................................................7

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ...............................................................................................................................................................................................11 SPECIAL ORDERS OF BUSINESS ...............................................................................................................................12 APPROVAL OF COUNCIL MINUTES ........................................................................................................................12 Item 30: University City Centurions Day ..............................................................................................................13 Item 50: Repealing the Emergency Ordinance Authorizing the Acceptance of Electronic Signatures on City Ordinances and Resolutions................................................................................................13 Item 51: Time Extension - Contract #K-18-1472-DBB-3 with Flatiron West Inc., for Construction Services for the West Mission Bay Drive Bridge Over San Diego River Project ......................................... ...............................................................................................................................................................................................14 Item 52: Exemption of Two (2) Program Coordinator Positions in the Risk Management Department from the Classified Service ...............................................................................................................15 Item 53: Request to Exempt Two Program Manager Positions in the Office of Race and Equity from the Classified Service.........................................................................................................................................16 Minutes of Tuesday, December 13, 2022 Page 2
Table of Contents (Continued)
Item 54: Exemption of One (1) Program Coordinator Position in the Environmental Services Department from the Classified Service ...............................................................................................................17 Item 100: This item has been removed................................................................................................................18 Item 101: Council Policy 100-05, User Fee Policy Update ............................................................................18 Item 102: Miramar Recycling Center Service Contract/Real Property Lease Ninth Amendment..19 Item 103: Ratification of Seventeen (17) Emergency Sole Source Contracts for Fiscal Year 202220 Item 104: Award of Contracts to Baker & Taylor, LLC and Midwest Tape, LLC to Provide Library Books, Audio Visual Materials, and Processing Services ................................................................................22 Item 105: Award of Agreement to Sukut Construction, LLC. for the Organics Processing Facility Project ................................................................................................................................................................................23 Item 106: Adoption of the Amended Flexible Benefits Plan for Eligible Employees for Calendar Year 2023 ..........................................................................................................................................................................24 Item 107: Adopting an Amended Conflict of Interest Code for Office of Special Events and Filming................................................................................................................................................................................25 Item 108: Adopting a Conflict of Interest Code for the Compliance Department..............................26 Item 109: Adopting a Conflict of Interest Code for the New Stormwater Department....................27 Item 110: Adopting an Amended Conflict of Interest Code for the Office of Race and Equity.....28 Item 111: Amended Conflict of Interest Code for the Transportation Department...........................28 Item 112: Adopting an Amended Conflict of Interest Code for the Risk Management Department......................................................................................................................................................................29 Item 113: Settlement of Hugh Ward, et al. v City of San Diego, San Diego Superior Court Case No. 37-2021-00001323-CU-EI-CTL, Claim No. 21444 .....................................................................................30 Item 114: Declaring a Continued State of Local Emergency Regarding COVID-19 Virus................31 Item 115: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico ..............................................................................................................32 Item 330: Fiscal Year 2023 First Quarter Budget Monitoring Report.......................................................33 Item 331: Fiscal Year 2024-2028 Five-Year Financial Outlook ....................................................................33 Minutes of Tuesday, December 13, 2022 Page 3
Table of Contents (Continued)
Item 332: Public Utilities Fiscal Year 2024-2028 Five-Year Financial Outlook ......................................34 Item 333: Amendments to the San Diego Municipal Code Regarding Beach Fires...........................34 Item 334: 2023-2024 State and Federal Legislative Platform......................................................................36 Item 335: Bayshore Bikeway Easement Vacation - Project No. 696947..................................................37 Item 336: Smythe and Via De La Bandola Habitat Mitigation - Project No. 699253 .........................38 Item 337: Appeal of the Environmental Determination for As-Needed Tree Maintenance Services for Streets Right of Way / SS4400 .........................................................................................................39 Item 338: Appeal of the Environmental Determination for Landscape Services for Library Department (RFP 10089930-23-R)..........................................................................................................................41 Item 339: Revisions to the City of San Diego’s Reserve Policy ...................................................................43 Item 350: Approval of the Final Map “California Terraces – PA61 Lot 1” ...............................................44 Item S500: Approval of Fiscal Year 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 City of San Diego’s Commission for Arts And Culture...................44 Item S501: Resolution Declaring the City of San Diego a Safe City for Transgender, Non-Binary, and Gender Diverse Youth .........................................................................................................................................46 Item S502: Fourth Amendment to the As-Needed Citywide Cooperative Agreement with Herc Rentals Inc. for the Rental of Various Large Equipment.................................................................................46 Item S503: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953...............................................................................48 REPORT OUT FROM CLOSED SESSION.................................................................................................................48 ADJOURNMENT .............................................................................................................................................................50 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, December 13, 2022
CHRONOLOGY OF THE MEETING:

The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. Councilmember Campillo arrived to the meeting at 10:17 a.m. Council President Elo-Rivera recessed the meeting at 10:29 to convene the Special Housing Authority meeting. Council President EloRivera reconvened the regular meeting at 10:31 a.m. with all Councilmembers present. The meeting was recessed by Council President Elo-Rivera at 11:26 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:02 p.m. with Councilmember von Wilpert not present. Councilmember von Wilpert arrived to the meeting at 2:09 p.m.

Council President Elo-Rivera recessed the regular meeting at 4:44 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 4:47 p.m. with all Councilmembers present. Councilmember Moreno left the meeting at 5:00 p.m. Council President Elo-Rivera recessed the regular meeting at 5:29 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 5:40 p.m. with Councilmember Moreno not present. The meeting was adjourned by Council President Elo-Rivera at 5:41 p.m.

ATTENDANCE DURING THE MEETING:

PRESENT:

CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
*CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Maland (km/mrh)
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, December 13, 2022

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-not present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

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

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. San Diego Gas & Electric Co.

San Diego Superior Court Case No. 37-2020-00002219-CU-BC-CTL coordinated with 37-2020- 00039026; Risk Management Department Claim File No. N/A REFERRED TO CLOSED SESSION OF TUESDAY, DECEMBER 13, 2022 SDCA Assigned: J. E. Taylor
This case arises from a dispute over the obligation to pay for utility relocation costs. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:24 AM
Public testimony by Jay Powell, and Jerry Wanetick.

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, December 13, 2022
Council President Elo-Rivera closed the hearing.

CS-2 Michael Haytasingh, et al. v. City of San Diego
San Diego Superior Court Case No. 37-2014-00082437-CU-PO-CTL Court of Appeal No. D076228; Risk Management Department Claim File No. 11540 REFERRED TO CLOSED SESSION OF TUESDAY, DECEMBER 13, 2022 DCA Assigned: C. A. Richardson
This personal injury case arises from a surfing accident at Mission Beach on August 3, 2013. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:24 AM
Council President Elo-Rivera closed the hearing.

CS-3 Ramona Maria Juarez Ruiz v. City of San Diego
San Diego Superior Court Case No. 37-2019-00055852-CU-PO-CTL Risk Management Department Claim File No. 23027
REFERRED TO CLOSED SESSION OF TUESDAY, DECEMBER 13, 2022 DCA Assigned: K. R. Yee
Plaintiff alleges she sustained injuries as a result of stepping in a water meter box that was missing part of its lid. The City Attorney’s Office will update the Mayor and City Council on the status of litigation and seek direction.

COUNCIL ACTION: Start Time: 10:24 AM
Council President Elo-Rivera closed the hearing.

CS-4 Erika Garcia v. City of San Diego, et al.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, December 13, 2022
San Diego Superior Court Case No. 37-2018-00063914-CU-PA-CTL Risk Management Department Claim File No. 19688
REFERRED TO CLOSED SESSION OF TUESDAY, DECEMBER 13, 2022 DCA Assigned: D. N. Loomis
This case arises from a motor vehicle collision that occurred on March 7, 2018 at the intersection of Market Street and Raven Street, in the City of San Diego. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:24 AM
Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Meron Assemene commented on wildlife conservation.

COUNCIL ACTION: Start Time: 10:33 AM
PUBLIC COMMENT-2:

Jasmine Nelson commented on healthcare.

COUNCIL ACTION: Start Time: 10:35 AM
PUBLIC COMMENT-3:

Miguel Eichen commented on at risk youth.

COUNCIL ACTION: Start Time: 10:36 AM
PUBLIC COMMENT-4:

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, December 13, 2022
Sydney Purdum commented on arts funding.

COUNCIL ACTION: Start Time: 10:38 AM
PUBLIC COMMENT-5:

Delroy Ablola-Davis commented on homelessness.

COUNCIL ACTION: Start Time: 10:39 AM
PUBLIC COMMENT-6:

Mikayla Cantore commented on systemic racism.

COUNCIL ACTION: Start Time: 10:41 AM
PUBLIC COMMENT-7:

Coral Ortiz commented on gun laws.

COUNCIL ACTION: Start Time: 10:43 AM
PUBLIC COMMENT-8:

Laura Riebam commented on family health centers path building in El Cerrito.

COUNCIL ACTION: Start Time: 10:45 AM
PUBLIC COMMENT-9:

Richard Pearson commented on our home.

COUNCIL ACTION: Start Time: 10:47 AM
PUBLIC COMMENT-10:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, December 13, 2022
Bob Kuczewski commented on council policies.

COUNCIL ACTION: Start Time: 10:50 AM
PUBLIC COMMENT-11:

Karen V. commented on mis/disinformation.

COUNCIL ACTION: Start Time: 10:53 AM
PUBLIC COMMENT-12:

Gretchen G. commented on too many items on consent.

COUNCIL ACTION: Start Time: 10:55 AM
PUBLIC COMMENT-13 (virtual):

Diane Grace commented on marijuana use.

COUNCIL ACTION: Start Time: 10:57 AM
PUBLIC COMMENT-14 (virtual):

Joy Sunyata commented on High Tech High; IBA Report 22-30; and thanking Governor Newsom on housing crisis.

COUNCIL ACTION: Start Time: 11:00 AM
PUBLIC COMMENT-15 (virtual):

Terry Ann-Skelley commented on marijuana sales.

COUNCIL ACTION: Start Time: 11:01 AM
PUBLIC COMMENT-16 (virtual):

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, December 13, 2022
John Stump commented on reviewing City Charter.

COUNCIL ACTION: Start Time: 11:03 AM
PUBLIC COMMENT-17 (virtual):

Becky Rapp commented on marijuana shops.

COUNCIL ACTION: Start Time: 11:06 AM
PUBLIC COMMENT-18 (virtual):

Mark Wilcox commented on marijuana businesses.

COUNCIL ACTION: Start Time: 11:08 AM
PUBLIC COMMENT-19 (virtual):

Unknown caller commented on hit and run.

COUNCIL ACTION: Start Time: 11:10 AM
PUBLIC COMMENT-20 (virtual):

Judi Strang commented on tobacco/marijuana products.

COUNCIL ACTION: Start Time: 11:12 AM
PUBLIC COMMENT-21 (virtual):

Unknown caller commented on psychological operation.

COUNCIL ACTION: Start Time: 11:14 AM
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, December 13, 2022

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-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.

COUNCIL ACTION: Start Time: 11:17 AM
COUNCIL COMMENT-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.

COUNCIL ACTION: Start Time: 11:17 AM
COUNCIL COMMENT-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.

COUNCIL ACTION: Start Time: 11:23 AM
COUNCIL COMMENT-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.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, December 13, 2022
COUNCIL ACTION: Start Time: 11:24 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
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
11/29/2022 Adjourned
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY MONICA MONTGOMMERY STEPPE TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

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

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

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, December 13, 2022
Item 30: University City Centurions Day.

COUNCILMEMBER LACAVA’S RECOMMENDATION:

APPROVED
Proclaiming December 13, 2022, to be “University City Centurions Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:21 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 50: Repealing the Emergency Ordinance Authorizing the Acceptance of Electronic Signatures on City Ordinances and Resolutions.

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

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-93) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance 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.

Committee Actions Taken: N/A
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, December 13, 2022
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 51: Time Extension - Contract #K-18-1472-DBB-3 with Flatiron West Inc., for Construction Services for the West Mission Bay Drive Bridge Over San Diego River 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:
(O-2023-95) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance authorizing the obligations of construction contract K-18-1472- DBB-3 for the construction of the West Mission Bay Drive Bridge Project, with Flatiron West, Inc., to extend beyond five years to June 30, 2024.
6 votes required pursuant to Charter Section 99.

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 Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, December 13, 2022
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 52: Exemption of Two (2) Program Coordinator Positions in the Risk Management Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The projected annual costs, including salaries and fringe benefits, total approximately $354,000 for the two Program Coordinator positions. Funds for expenses will be available in the Risk Management Fund due to vacancy savings in Fiscal Year 2023. The positions will be requested in the Fiscal Year 2024 budget process.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-88) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Risk Management 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 be responsible for overseeing administrative and finance functions of the Department. The second Program Coordinator position will assist with the administration of application systems and lead project initiatives to deliver services to support the City's claims management system. 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 16 for the Regular Meeting of Tuesday, December 13, 2022
Risk Management: Jose Galvan, (619) 533-6481
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

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

Item 53: Request to Exempt Two Program Manager Positions in the Office of Race and Equity from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

No cost associated with this action. These positions are included in the FY 23 Budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-96) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance authorizing the exemption of two Program Manager positions in the City's Office of Race and Equity from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on November 3, 2022. These positions will be responsible for developing Race and Equity Action Plans across all City departments. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Office of Race & Equity: Kim Desmond, (619) 226-9904
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, December 13, 2022
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Item 54: Exemption of One (1) Program Coordinator Position in the Environmental Services Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

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

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-92) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Environmental Services 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 operations of the Fee Collection Services Section. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Environmental Services: Matthew Cleary, Assistant Director, (858) 573-1214 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, December 13, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Sean Elo-Rivera;
Nay: Vivian Moreno;
Recused: (None);
Not Present: None).

Item 60: This item was moved to Monday, December 12, 2022, as Item S401.

Item 100: This item was removed.

Item 101: Council Policy 100-05, User Fee Policy Update.

Total Estimated Cost of Proposed Action and Funding Source:

There are no fiscal considerations associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-278) ADOPTED AS RESOLUTION R-314525
Resolution amending Council Policy No. 100-05 User Fee Policy.

Committee Actions Taken:

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

ACTION: Motion by Committee Member Moreno, second by Chair Cate, 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: Jose Mendoza, (619) 533-5562
City Attorney Contact: Bret A. Bartolotta
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, December 13, 2022
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 102: Miramar Recycling Center Service Contract/Real Property Lease Ninth Amendment.

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-2023-313) ADOPTED AS RESOLUTION R-314526
Resolution authorizing the Mayor, or his designee, to execute the ninth extension to the Agreement with Allan Company for operation of the Miramar Landfill Recycling Center.

Committee Actions Taken:

This item was heard at the Environment Commitee meeting of November 21, 2022.

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

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

Environmental Services: Ken Prue, (619) 492-5085
City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 10:07 AM
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, December 13, 2022
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 103: Ratification of Seventeen (17) Emergency Sole Source Contracts for Fiscal Year 2022.

Total Estimated Cost of Proposed Action and Funding Source:

No costs or funds are affected by this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-317) ADOPTED AS RESOLUTION R-314527
Resolution ratifying the seventeen (17) engineering and capital projects Fiscal Year 2022 emergency sole source contracts.
6 votes required pursuant to San Diego Municipal Code Section 22.3108.

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.

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, December 13, 2022
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 104: Award of Contracts to Baker & Taylor, LLC and Midwest Tape, LLC to Provide Library Books, Audio Visual Materials, and Processing Services.

Total Estimated Cost of Proposed Action and Funding Source:

Five year total not-to-exceed $17,500,000, from the Library Department. Annual cost of $3,500,000 includes $2,810,000 from General Fund and $690,000 from Library Matching Donations Fund, contingent upon the adoption of the Annual Budgets and Annual Appropriation Ordinances for the applicable fiscal years and contingent upon the Chief Financial Officer certifying that the funds necessary for expenditure are or will be available. The contracts do not obligate the City to procure goods and services.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, December 13, 2022
Proposed Actions:

Award of Contracts to Baker & Taylor, LLC, and Midwest Tape, LLC, to provide library books, audio/visual materials, and processing services.

Subitem-A: (R-2023-285) ADOPTED AS RESOLUTION R-314528
Resolution authorizing the Mayor, or Mayor’s designee, to enter into an Agreement with Baker & Taylor, LLC, in an amount not-to-exceed $15,000,000, over a five-year period, for the as-needed purchase of library books and related processing services.

Subitem-B: (R-2023-286) ADOPTED AS RESOLUTION R-314529
Resolution authorizing the Mayor, or Mayor’s designee, to enter into an Agreement with Midwest Tape, LLC, in an amount not-to-exceed $2,500,000, over a five-year period, for the asneeded purchase of audio/visual materials and related processing services.

Committee Actions Taken:

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

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

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

Library: Misty Jones, (619) 236-5870
City Attorney Contact: Jon D. Dwyer
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, December 13, 2022
Item 105: Award of Agreement to Sukut Construction, LLC. for the Organics Processing Facility Project.

Total Estimated Cost of Proposed Action and Funding Source:

The cost of this agreement is not to exceed $77,223,000. The agreement will be funded by the Refuse Disposal-CIP and Recycling Fund-CIP with remainder by an anticipated iBank loan.

Council District(s) Affected: 6.

Proposed Actions:

Subitem-A: (R-2023-292) ADOPTED AS RESOLUTION R-314530
Resolution determining that the award of a Design Build Agreement to Sukut Construction, LLC for the design and construction of an Organic Waste Processing Facility at the Miramar Landfill is consistent with the Final Environmental Impact Statement / Master Environmental Impact Report for the Miramar Landfill and constitutes subsequent discretionary action pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162.

Subitem-B: (R-2023-291) ADOPTED AS RESOLUTION R-314531
Resolution authorizing the award of a Design-Build Agreement to Sukut Construction, LLC for design and construction of an Organic Waste Processing Facility at the Miramar Landfill.

Committee Actions Taken:

This item was heard at the Environment Commitee meeting of November 21, 2022.

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

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

Environmental Services: Renee Robertson, Director, (858) 573-1275 City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, December 13, 2022
Passed by the following vote:

Item 106: Adoption of the Amended Flexible Benefits Plan for Eligible Employees for Calendar Year 2023.

Total Estimated Cost of Proposed Action and Funding Source:

Funding is appropriated in the annual budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-310) ADOPTED AS RESOLUTION R-314532
Resolution adopting the Amended Flexible Benefits Plan for eligible employees for calendar year 2023.

Committee Actions Taken: N/A
Risk Management: Carly Danney, (619) 533-6107
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, December 13, 2022
Item 107: Adopting an Amended Conflict of Interest Code for Office of Special Events and Filming.

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-2023-304) ADOPTED AS RESOLUTION R-314533
Resolution adopting an amended Conflict of Interest Code for the Special Events and Filming Department.

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

Committee Actions Taken: N/A
Special Events and Filming: Natasha Collura, (619) 685-1332 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 108: Adopting a Conflict of Interest Code for the Compliance Department.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, December 13, 2022
Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-305) ADOPTED AS RESOLUTION R-314534
Resolution adopting a Conflict of Interest Code for the Compliance Department.

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

Committee Actions Taken: N/A
Compliance Department: Kristi Geitz, (619) 417-4917
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 109: Adopting a Conflict of Interest Code for the New Stormwater Department.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures associated with this item.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, December 13, 2022
Proposed Actions:
(R-2023-311) ADOPTED AS RESOLUTION R-314535
Resolution adopting a Conflict of Interest Code for the Stormwater Department.

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

Committee Actions Taken: N/A
Stormwater Department: Bethany Bezak, (619) 527-3173
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 110: Adopting an Amended Conflict of Interest Code for the Office of Race and Equity.

Total Estimated Cost of Proposed Action and Funding Source:

No cost associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-283) ADOPTED AS RESOLUTION R-314536
Resolution adopting an amended Conflict of Interest Code for the Office of Race and Equity.

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

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, December 13, 2022
Committee Actions Taken: N/A
Office of Race & Equity: Kim Desmond, (619) 226-9904
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 111: Amended Conflict of Interest Code for the Transportation 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-2023-303) ADOPTED AS RESOLUTION R-314537
Resolution adopting an amended Conflict of Interest Code for the Transportation Department.

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

Committee Actions Taken: N/A
Transportation Department: Julio Canizal, (619) 235-5717 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, December 13, 2022
Passed by the following vote:

Item 112: Adopting an Amended Conflict of Interest Code for the Risk Management 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-2023-307) ADOPTED AS RESOLUTION R-314538
Resolution adopting an amended Conflict of Interest Code for the Risk Management Department.

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

Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, December 13, 2022
Not Present: (None).

Item 113: Settlement of Hugh Ward, et al. v City of San Diego, San Diego Superior Court Case No. 37-2021-00001323-CU-EI-CTL, Claim No. 21444.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $550,000 will be paid from the Water Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-228) ADOPTED AS RESOLUTION R-314539
Resolution authorizing the settlement of Hugh Ward, et al. v City of San Diego, San Diego Superior Court Case No. 37-2021-00001323-CU-EI-CTL, related to damages sustained on January 19, 2019, as a result of a failed water supply pipeline owned and operated by the City located at 7815 Bellakaren Place, La Jolla, CA 92037. Risk Claim No. 21444.

Committee Actions Taken: N/A
Office of the City Attorney: Ben Syz, (619) 235-6695
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 114: Declaring a Continued State of Local Emergency Regarding COVID-19 Virus.

Total Estimated Cost of Proposed Action and Funding Source: N/A Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, December 13, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-301 Cor. Copy) ADOPTED AS RESOLUTION R-314540
Resolution declaring a continued state of local emergency regarding the COVID-19 pandemic, pursuant to California Government Code section 8630.

Committee Actions Taken: N/A
Office of the Mayor: Matt Yagyagan, (619) 236-6330
City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 115: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2023-127) ADOPTED AS RESOLUTION R-314541
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, December 13, 2022
City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 330: Fiscal Year 2023 First Quarter Budget Monitoring Report.

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

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Department of Finance: Christopher Purcell, (619) 236-6775 COUNCIL ACTION: Start Time: 2:09 PM
Item 331: Fiscal Year 2024-2028 Five-Year Financial Outlook.

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

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, December 13, 2022
Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Department of Finance: Trisha Tacke, (619) 236-6371
COUNCIL ACTION: Start Time: 2:27 PM
Item 332: Public Utilities Fiscal Year 2024-2028 Five-Year Financial Outlook.

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

Proposed Actions:

CONTINUED TO TUESDAY, JANUARY 10, 2023
This item is informational only.

Committee Actions Taken: N/A
Public Utilities: Adam Jones, (858) 614-4030
COUNCIL ACTION: Start Time: 2:06 PM
MOTION BY SEAN ELO-RIVERA TO CONTINUE THE ITEM TO TUESDAY, JANUARY 10, 2023, TO ALLOW ENOUGH DISCUSSION ON THE CURRENT AGENDA ITEMS. Second by Monica Montgomery Steppe.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, December 13, 2022
Not Present: Marni von Wilpert.

Item 333: Amendments to the San Diego Municipal Code Regarding Beach Fires.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 1, 2.

Proposed Actions:

Amend the San Diego Municipal Code to eliminate confusion with enforcement and to improve public safety and air quality so that beach fires are built in City-provided fire rings and portable propane – fueled devices.

Subitem-A: (R-2023-328 Cor. Copy) ADOPTED AS RESOLUTION R-314546 Resolution determining that the approval of the amendments to the San Diego Municipal Code are categorically exempt from California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities and Section 15308 Actions by Regulatory Agencies for Protection of the Environment.

Directing the City Clerk to file a Notice of Exemption with the Clerk of the Board of Supervisors for the County of San Diego.

Subitem-A is not subject to the Mayor’s veto.

Subitem-B: (O-2023-91 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 10, 2023 Introduction of an Ordinance amending the San Diego Municipal Code regarding beach fires.

Committee Actions Taken:

This item was heard at the Environment Committee meeting of May 26, 2022.

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

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

Council District 1: Brian Elliott, (619) 510-6874
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, December 13, 2022
City Attorney Contact: Catherine Morrison
COUNCIL ACTION: Start Time: 4:47 PM

MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Jennifer Campbell.

Passed by the following vote:

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

Item 334: 2023-2024 State and Federal Legislative Platform.

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-2023-273) CONTINUED TO TUESDAY, JANUARY 10, 2023
Resolution approving the 2023-2024 State and Federal Legislative Platform.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting of November 17, 2022.

ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions with the addition of including "proactive measures to reduce community violence" under the Public Safety portion of the legislative platform.

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

Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, December 13, 2022
Government Affairs: Adrian Granda, (619) 533-5965
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 2:07 PM
MOTION BY SEAN ELO-RIVERA TO CONTINUE THE ITEM TO THURSDAY, DECEMBER 15, 2022, TO ALLOW ENOUGH DISCUSSION ON THE CURRENT AGENDA ITEMS. Second by Monica Montgomery Steppe.

Passed by the following vote:

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

Item 335: Bayshore Bikeway Easement Vacation - Project No. 696947.

Total Estimated Cost of Proposed Action and Funding Source:

All processing costs are paid from a deposit account maintained by the applicant.

Council District(s) Affected: 8.

Proposed Actions:

An Easement Vacation to vacate an unnamed pedestrian easement approximately 0.08-acres located at Harbor Drive and 32nd Street intersection (APN-550-50-0040 and APN-550-50-0070), in the IH-2-1zone, the Coastal Overlay Zone (Appealable) in the Barrio Logan Community Plan Area.

Subitem-A: (R-2023-297) ADOPTED AS RESOLUTION R-314547
Resolution determining that the approval of the Bayshore Bikeway easement vacation is categorically exemption from California Environmental Quality Act pursuant to CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations.

Directing the City Clerk to file a Notice of Exemption with the Clerk of the Board of Supervisors for the County of San Diego regarding the Project.

Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, December 13, 2022
Subitem-A is not subject to the Mayor's veto.

Subitem-B: (R-2023-298) ADOPTED AS RESOLUTION R-314548
Resolution vacating a pedestrian overpass easement for the Bayshore Bikeway Barrio Logan project.

Subitem-B is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Bryan Hudson, (619) 446-5333
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 3:40 PM
Public testimony by Lori Saldaña.

MOTION BY VIVIAN MORENO TO ADOPT. Second by Monica Montgomery Steppe.

Passed by the following vote:

Item 336: Smythe and Via De La Bandola Habitat Mitigation - Project No. 699253.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being approved with this land use action.

Council District(s) Affected: 8.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, December 13, 2022
An application for a Coastal Development Permit to rehabilitate approximately 1.17 acres, enhance 2.75 acres, and maintain a 040-acre weed free buffer zone within City-jurisdictional riparian habitat for stormwater channel maintenance at Smythe and Via de la Bandola channels. (R-2023-299) ADOPTED AS RESOLUTION R-314549
Resolution Approving Coastal Development Permit No. 2590298 for the Smythe and Via de la Bandola Habitat Mitigation Project.

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

Committee Actions Taken: N/A
Development Services: Catherine Rom, (619) 446-5277
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 3:46 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 337: Appeal of the Environmental Determination for As-Needed Tree Maintenance Services for Streets Right of Way / SS4400.

Total Estimated Cost of Proposed Action and Funding Source:

None. Appeal fees are paid by the appellant.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-337) DENIED THE APPEAL AND APPROVED THE ENVIRONMENTAL DETERMINATION; ADOPTED AS RESOLUTION R-314550
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, December 13, 2022
Appeal of the Environmental Exemption determination pursuant to California Environmental Quality Act (CEQA) State Guidelines, Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) for an Agreement between the City of San Diego and West Coast Arborists, Inc. to perform tree maintenance services for streets right of way. The scope of work for the complete tree maintenance services that West Coast Arborists, Inc. will provide includes but is not limited to, the following: tree trimming, palm trimming, root pruning, installation of root barrier, stump grinding, tree planting and technical services.

The project was determined to be categorically exempt from CEQA on November 3, 2022. The scope of the subject hearing only includes the environmental determination and not the Agreement.

According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal and approve the environmental determination that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land); or (2) By a majority vote, grant the appeal and set aside the environmental determination in accordance with San Diego Municipal Code Section 112.0520(f); Directing the City Attorney to prepare the appropriate resolution according to Section 40 of the City Charter;
If the City Council grants the appeal, a lower-decision maker's decision to approve the project shall be held in abeyance. The City Council shall retain jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.

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

Committee Actions Taken: N/A
Planning/Environmental Analysis: Jordan Moore, (619) 236-5061 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 3:56 PM
Public testimony by Michael Palat, Lori Saldaña, and Kelvin Barrios.

Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, December 13, 2022

MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION DENYING THE APPEAL AND APPROVING THE ENVIRONMENTAL DETERMINATION. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 338: Appeal of the Environmental Determination for Landscape Services for Library Department (RFP 10089930-23-R).

Total Estimated Cost of Proposed Action and Funding Source:

None. Appeal fees are paid by the appellant.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-336) DENIED THE APPEAL AND APPROVED THE ENVIRONMNETAL DETERMINATION; ADOPTED AS RESOLUTION R-314551
Appeal of the Environmental Exemption determination pursuant to California Environmental Quality Act (CEQA) State Guidelines, Section 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) for a Request for Proposal 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, including, but not limited to, the following: irrigation, pruning, shaping and training of trees, shrubs, turf, and groundcover plants; fertilization; litter control; weed control; control of all plant diseases and pests; mowing; edging; renovation and aeration; sweeping; irrigation; signs, riparian trails, and all other maintenance required to maintain the Contract Sites included in the Contract in a safe, attractive, and useable condition and to maintain the plant material in good condition with horticulturally acceptable growth and color.

The project was determined to be categorically exempt from CEQA on November 7, 2022. The scope of the subject hearing only includes the environmental determination and not the Agreement.

Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, December 13, 2022
According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal and approve the environmental determination that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land); or (2) By a majority vote, grant the appeal and set aside the environmental determination in accordance with San Diego Municipal Code Section 112.0520(f); Directing the City Attorney to prepare the appropriate resolution according to Section 40 of the City Charter;
If the City Council grants the appeal, a lower-decision maker's decision to approve the project shall be held in abeyance. The City Council shall retain jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.

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

Committee Actions Taken: N/A
Planning/Environmental Analysis: Greg Johansen, (619) 446-5372 City Attorney Contact: Jon D. Dwyer
COUNCIL ACTION: Start Time: 4:22 PM
Public testimony by John Stump.

MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION DENYING THE APPEAL AND APPROVING THE ENVIRONMENTAL DETERMINATION. Second by Jennifer Campbell.

Passed by the following vote:

Item 339: Revisions to the City of San Diego’s Reserve Policy.

Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, December 13, 2022
(Continued from the meeting of December 6, 2022, Item 106, at the request of Councilmember von Wilpert for further review.)
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) ADOPTED AS RESOLUTION R-314552
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: 2:27 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, December 13, 2022
NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.

Item 350: Approval of the Final Map “California Terraces – PA61 Lot 1” Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “California Terraces – PA61 Lot 1" (T.M. No. 2568950, PRJ No. 1056051) located at 1649 Calle Albatross, in the AR-1-1 and CC-1-3 zones, within the Otay Mesa Community Plan Area, Council District 8, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.

Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Greg Jeffries (619) 446-5132.

Item S500: Approval of Fiscal Year 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 City of San Diego’s Commission for Arts And Culture.

Total Estimated Cost of Proposed Action and Funding Source:

An aggregate amount not-to-exceed $236,300, in previously budgeted Arts, Culture, and Community Festival (ACCF) funds, pursuant to various recommended allocations by Council Districts 1, 2, 3, 4, 5, 6, 8, and 9.

Council District(s) Affected: 1, 2, 3, 4, 5, 6, 8, 9.

Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, December 13, 2022
Proposed Actions:

Subitem-A: (R-2023-322) ADOPTED AS RESOLUTION R-314542
Resolution of the Council of the City of San Diego determining that approval of the Fiscal Year 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 City of San Diego's Commission for Arts and Culture is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15301 and 15323.

Subitem-B: (R-2023-321) ADOPTED AS RESOLUTION R-314543
Resolution of the Council of the City of San Diego approving Fiscal Year 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 City of San Diego's Commission for Arts and Culture.

Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item S501: Resolution Declaring the City of San Diego a Safe City for Transgender, Non-Binary, and Gender Diverse Youth.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this resolution.

Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, December 13, 2022
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-312) ADOPTED AS RESOLUTION R-314553
Resolution declaring the City of San Diego to be a safe city for transgender, non-binary, and gender diverse youth.

Committee Actions Taken: N/A
Council District 5: Ryan Darsey, (619) 510-6881
City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 5:17 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item S502: Fourth Amendment to the As-Needed Citywide Cooperative Agreement with Herc Rentals Inc. for the Rental of Various Large Equipment.

Total Estimated Cost of Proposed Action and Funding Source:

This action seeks authority to amend expenditure authority in the amount not-to-exceed $18,325,000, over the term of the agreement. Expenditure of funds is contingent upon sufficient, funding being available in each participating City department’s budget each fiscal year. This contract is as-needed; funds and available budget will be encumbered through the purchase requisition process.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 46 for the Regular Meeting of Tuesday, December 13, 2022
Proposed Actions:
(R-2023-325) ADOPTED AS RESOLUTION R-314544
Resolution authorizing the Mayor, or his designee, to execute the Fourth Amendment to the Agreement with Herc Rentals, Inc. for additional large equipment rental services in an amount not-to-exceed $18,325,000.

Committee Actions Taken:

This item was heard at the Budget And Government Efficiency Committee meeting of December 7, 2022.

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

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

Purchasing & Contracting: Claudia C. Abarca, (619) 236-5921 City Attorney Contact: Eric S. Pooch
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item S503: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953.

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

Minutes of the Council of the City of San Diego Page 47 for the Regular Meeting of Tuesday, December 13, 2022
Proposed Actions:
(R-2023-326) ADOPTED AS RESOLUTION R-314545
Resolution reconsidering the circumstances of the state of emergency related to COVID-19 and making findings to continue teleconferencing pursuant to the Ralph M. Brown Act 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: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out from Closed Session. https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports COUNCIL ACTION: Start Time: 5:40 PM

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:41 p.m.

San Diego City CouncilDecember 13, 2022

San Diego City Council
December 13, 2022