Minutes — San Diego City Council, January 10, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JANUARY 10, 2023
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 ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 SPECIAL ORDERS OF BUSINESS ...........................................................................................7 APPROVAL OF COUNCIL MINUTES........................................................................................7 Item 30: Trinity Lutheran Day..............................................................................................7 Item 50: First Amendment to the Agreement with DNV GL Noble Denton USA, LLC for Water Modeling Software Licensing and Software Support Services...................................................8 Item 51: Exemption of Program Manager Position in SDCERS From the Classified Service ....9 Item 52: Amendments to the San Diego Municipal Code Related to San Diego Housing Commission Board Commissioner Minimum Qualifications .....................................................10 Item 53: Mira Mesa Community Plan Update.......................................................................11 Item 54: Third Contract Amendment to Extend the Term for Sanitation Services and Incidental Hazardous Waste Removal on Public Rights-of-Way and Other City-Owned Property with Clean Harbors Environmental Services, Inc ...................................................................................13 Item 55: First Amendment to Contract with Vulcan Materials Company for Disposal Sites for Excavated Material in any Combination (ITB 10058074-16-L)................................................14 Item 56: Exemption of One (1) Program Coordinator Position in the Performance & Analytics Department from the Classified Service ...............................................................................15 Minutes of Tuesday, January 10, 2023 Page 2
Table of Contents (Continued)
Item 57: Exemption of One Program Coordinator Position in the Department of Information Technology from the Classified Service................................................................................16 Item 58: Extension of the Ontario Systems Contract for Maintenance and Support of the Revenue Plus Collector System Used for Citywide Debt Collection..........................................17 Item 59: Extension of the Elive (Formerly Compass Computer Systems) Contract for Annual Maintenance and Support of Compass Programs Used for Citywide Debt Collection.................19 Item 60: Repealing the Emergency Ordinance Authorizing the Acceptance of Electronic Signatures on City Ordinances and Resolutions ....................................................................20 Item 61: 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 .....21 Item 62: Exemption of Two (2) Program Coordinator Positions in the Risk Management Department from the Classified Service ...............................................................................22 Item 63: Request to Exempt Two Program Manager Positions in the Office of Race and Equity from the Classified Service..................................................................................................23 Item 64: Exemption of One (1) Program Coordinator Position in the Environmental Services Department from the Classified Service ...............................................................................24 Item 65: Amendments to the San Diego Municipal Code Regarding Beach Fires ....................25 Item 100: Ratification of Emergency Sole Source Contract Between the City of San Diego and Service America Corporation (dba Centerplate) for Food Services for Operation Shelter to Home ........................................................................................................................................26 Item 101: Authorization to Accept, Appropriate, and Expend Two Grant Awards from the California Governor’s Office of Emergency Services to Expand the Capabilities of Your Safe Place – A Family Justice Center, Within the Office of the City Attorney, and Authorization for the San Diego City Attorney to Execute the Grant Award Agreements ................................................28 Item 102: Resolution Excusing Councilmember Joe LaCava from Attending the July 25, 2022, Council Meeting .................................................................................................................29 Item 330: Public Utilities Fiscal Year 2024-2028 Five-Year Financial Outlook..........................29 Item 331: Library Master Plan Framework Informational Update ..........................................30 Item 332: Recognized Obligation Payment Schedule for Fiscal Year 2023-2024 .....................30 Item 333: Second Amendment to the Citywide Security Service Agreement with Invicta Security CA Corporation dba Allstate Security....................................................................................31 Item S500: Dr. Martin Luther King Jr. Community Celebration and Parade Day......................32 Minutes of Tuesday, January 10, 2023 Page 3
Table of Contents (Continued)
Item S501: USD Volleyball Day ..........................................................................................33 Item S502: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953 ........................................................34 Item S503: Consideration of Appointment of an Interim City Clerk........................................34 REPORT OUT FROM CLOSED SESSION................................................................................35 ADJOURNMENT .................................................................................................................36 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, January 10, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 10:41 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with Councilmember Campbell not present. Council President Elo-Rivera recessed the meeting at 4:28 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 5:11 p.m. with Councilmember Campbell not present.

The meeting was adjourned by Council President Elo-Rivera at 5:25 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

CD-1 Councilmember Joe LaCava
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:

CD-2 Councilmember Jennifer Campbell (Excused by Resolution R-315116, due to medical leave.)
ASSISTANT CITY CLERK:

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

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-not 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-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, January 10, 2023
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem Montgomery Steppe.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Jan Perry commented on a possible solution for homeless drug addicts and criminals.

COUNCIL ACTION: Start Time: 10:23 AM
PUBLIC COMMENT-2:

Bob Kuczewski commented on Gliderport/LaCava.

COUNCIL ACTION: Start Time: 10:26 AM
PUBLIC COMMENT-3 (virtual):

Terri-Ann Skelly commented on mental health issues.

COUNCIL ACTION: Start Time: 10:29 AM
PUBLIC COMMENT-4 (virtual):

Judi Strang commented on marijuana use in pregnant women.

COUNCIL ACTION: Start Time: 10:31 AM
PUBLIC COMMENT-5 (virtual):

Peggy Walker commented on fentanyl.

COUNCIL ACTION: Start Time: 10:33 AM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, January 10, 2023
PUBLIC COMMENT-6 (virtual):

Barbara Gordon commented on high potency marijuana.

COUNCIL ACTION: Start Time: 10:35 AM
PUBLIC COMMENT-7 (virtual):

Diane Grace commented on City Attorney Mara Elliott’s article on alcohol.

COUNCIL ACTION: Start Time: 10:37 AM
PUBLIC COMMENT-8 (virtual):

Mark Wilcox commented on cannabis use in anesthesia patients.

COUNCIL ACTION: Start Time: 10:39 AM

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

Council President Elo-Rivera commented on Sharia’s Closet, a local non-profit that provides free emergency clothing to people that have an immediate need for clothing. Monthly donation drives will be held on the 12th floor outside Council Chambers.

COUNCIL ACTION: Start Time: 10:13 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
12/5/2022
12/6/2022
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, January 10, 2023
COUNCIL ACTION: Start Time: 10:03 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Sean Elo-Rivera.

Passed by the following vote:

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

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

Item 30: Trinity Lutheran Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming January 22, 2023, to be “Trinity Lutheran Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:14 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item 50: 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.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, January 10, 2023
Proposed Actions:
(O-2023-72) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 24, 2023 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.

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: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 51: Exemption of Program Manager Position in SDCERS From the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The funding for this position is included within the SDCERS budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-99) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 24, 2023 Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, January 10, 2023
Introduction of an Ordinance authorizing the exemption of one Program Manager position in the San Diego City Employees' Retirement System from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 8, 2022. This position will oversee the department's information technology programs. This action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
SDCERS: Colin Brazile, (619) 525-3630
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 52: Amendments to the San Diego Municipal Code Related to San Diego Housing Commission Board Commissioner Minimum Qualifications.

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

Proposed Actions:

Adopt the following Ordinance which was introduced on 12/5/2022, Item 200 (Council voted 8- 0, Councilmember Montgomery Steppe-not present):
(O-2023-86) ADOPTED AS ORDINANCE O-21592 (New Series)
Ordinance amending Chapter 9, Article 8, Division 3 of the San Diego Municipal Code by amending Section 98.0301, relating to qualifications of the San Diego Housing Commission Board of Commissioners.

Committee Actions Taken:

This item was heard at the Select Committee on San Diego Housing Commission Oversight and Reform meeting on July 25, 2022.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, January 10, 2023
ACTION: Motion by Vice Chair Cate, second by Committee Member von Wilpert, to request the Office of the City Attorney to work with Councilmember Whitburn’s Office to bring amendments to the San Diego Municipal Code Section 98.0301(f) for City Council consideration that would:

Require members appointed to serve on the San Diego Housing Commission Board of Commissioners, excluding tenant Commissioners pursuant to Section 98.0301(f)(1), to have at least 5 years of experience in the areas of real estate finance, affordable housing, homelessness, workforce development, healthcare, nonprofit, education, or community-based organizations.

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

Council District 3: Jacob O'Neill, (619) 236-6633
City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 53: Mira Mesa Community Plan Update.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures associated with this action.

Council District(s) Affected: 6.

Proposed Actions:

Adopt the following Ordinance which was introduced on 12/5/2022, Item 204, Subitem-C and Subitem-D (Council voted 8-0, Councilmember Montgomery Steppe-not present):

Subitem-A: (O-2023-87) ADOPTED AS ORDINANCE O-21593 (New Series) Ordinance Amending the Land Development Code Relating to Mixed-Use Base Zones at Chapter 13, Article 1, Division 7 and the Community Plan Implementation Overlay Zone at Chapter 13, Article 2, Division 14.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, January 10, 2023
Subitem-B: (O-2023-85) ADOPTED AS ORDINANCE O-21594 (New Series) Ordinance Rezoning Approximately 10,020 Acres Located within the Mira Mesa Community Planning Area, in the City of San Diego, California.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on November 17, 2022.

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

VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.

Planning: Alex Frost, (619) 236-6006
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 54: Third Contract Amendment to Extend the Term for Sanitation Services and Incidental Hazardous Waste Removal on Public Rights-of-Way and Other City-Owned Property with Clean Harbors Environmental Services, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

This action is to extend the duration of the contract with Clean Harbors seven months. The notto-exceed amount for the contract is not being increased, remaining at $6,862,000. The $286,000, for the remainder of Fiscal Year 2023 from April 9th to October 31st is currently budgeted in the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, January 10, 2023
Adopt the following Ordinance which was introduced on 12/12/2022, Item S401, Subitem-B (Council voted 9-0):
(O-2023-94 Cor. Copy) ADOPTED AS ORDINANCE O-21595 (New Series) Ordinance authorizing the Mayor, or his designee, to execute the Third Amendment to the Contract with Clean Harbors Environmental Services, Inc., for sanitation services and incidental hazardous waste removal on public rights-of-way and other City-owned property, extending the Contract through October 31, 2023, and for all related actions. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee 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, (858) 492-5085
City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 55: 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.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, January 10, 2023
Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 12/6/2022, Item 50 (Council voted 8-0, Councilmember Montgomery Steppe-not present):
(O-2023-78) ADOPTED AS ORDINANCE O-21596 (New Series)
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: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 56: 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:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, January 10, 2023
This position was budgeted in the FY 2023 adopted budget.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 12/6/2022, Item 51 (Council voted 8-0, Councilmember Montgomery Steppe-not present):
(O-2023-89) ADOPTED AS ORDINANCE O-21597 (New Series)
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: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 57: Exemption of One Program Coordinator Position in the Department of Information Technology from the 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.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, January 10, 2023
Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 12/6/2022, Item 52 (Council voted 7-1, Councilmember Moreno-nay, Councilmember Montgomery Steppe-not present):
(O-2023-90) ADOPTED AS ORDINANCE O-21598 (New Series)
Ordinance authorizing the exemption of a Program Coordinator position in the City's Department of Information Technology from the Classified Service, based on advisory 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: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

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

Item 58: 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:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, January 10, 2023
Adopt the following Ordinance which was introduced on 12/6/2022, Item 53 (Council voted 8-0, Councilmember Montgomery Steppe-not present):
(O-2023-82) ADOPTED AS ORDINANCE O-21599 (New Series)
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.

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: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 59: 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.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, January 10, 2023
Proposed Actions:

Adopt the following Ordinance which was introduced on 12/6/2022, Item 54 (Council voted 8-0, Councilmember Montgomery Steppe-not present):
(O-2023-81) ADOPTED AS ORDINANCE O-21600 (New Series)
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.

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: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 60: 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.

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, January 10, 2023
Proposed Actions:

Adopt the following Ordinance which was introduced on 12/13/2022, Item 50 (Council voted 9- 0):
(O-2023-93) ADOPTED AS ORDINANCE O-21601 (New Series)
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: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 61: 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:

There are no costs associated with this Action.

Council District(s) Affected: 2.

Proposed Actions:

Adopt the following Ordinance which was introduced on 12/13/2022, Item 51 (Council voted 9- 0):
(O-2023-95) ADOPTED AS ORDINANCE O-21602 (New Series)
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, January 10, 2023
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.

Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 62: 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:

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, January 10, 2023
Adopt the following Ordinance which was introduced on 12/13/2022, Item 52 (Council voted 8- 1, Councilmember Moreno-nay):
(O-2023-88) ADOPTED AS ORDINANCE O-21603 (New Series)
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
Risk Management: Jose Galvan, (619) 533-6481
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

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

Item 63: 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:

Adopt the following Ordinance which was introduced on 12/13/2022, Item 53 (Council voted 9- 0):
(O-2023-96) ADOPTED AS ORDINANCE O-21604 (New Series)
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, January 10, 2023
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: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 64: 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:

Adopt the following Ordinance which was introduced on 12/13/2022, Item 54 (Council voted 8- 1, Councilmember Moreno-nay):
(O-2023-92) ADOPTED AS ORDINANCE O-21605 (New Series)
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 Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, January 10, 2023
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: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

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

Item 65: 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:

Adopt the following Ordinance which was introduced on 12/13/2022, Item 333, Subitem-B (Council voted 8-0, Councilmember Moreno-not present):

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.
(O-2023-91 Cor. Copy) ADOPTED AS ORDINANCE O-21606 (New Series) 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.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, January 10, 2023
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
City Attorney Contact: Catherine Morrison
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 100: Ratification of Emergency Sole Source Contract Between the City of San Diego and Service America Corporation (dba Centerplate) for Food Services for Operation Shelter to Home.

Total Estimated Cost of Proposed Action and Funding Source:

This agreement is for an amount of $9,776,628.53; funding sources include: Coronavirus Aid, Relief, and Economic Security (CARES) fund, State of California COVID-19 Homeless Emergency Grants, Homeless Emergency Aid Program (HEAP) grant, and Community Development Block Grant (CDBG) funds.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-330) ADOPTED AS RESOLUTION R-314563
Resolution ratifying an emergency sole source contract, pursuant to San Diego Municipal Code section 22.3208(d), with Service America Corporation (dba Centerplate) in the amount of $9,776,628.53. The City contracted with Centerplate to provide necessary food services to those housed in the Convention Center as part of Operation Shelter to Home, established as part of the declaration of a local emergency due to COVID-19.
6 votes required pursuant to SDMC 22.3208.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, January 10, 2023
This item was heard at the Budget and Government Efficiency Committee meeting of December 7, 2022.

ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Moreno, 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: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 101: Authorization to Accept, Appropriate, and Expend Two Grant Awards from the California Governor’s Office of Emergency Services to Expand the Capabilities of Your Safe Place – A Family Justice Center, Within the Office of the City Attorney, and Authorization for the San Diego City Attorney to Execute the Grant Award Agreements.

Total Estimated Cost of Proposed Action and Funding Source:

The total revenue granted in the AR Program Grant Award is $65,000. There are no cost share requirements. The total revenue applied for in UV Program Grant Award funds is $196,906. The UV Program requires a cash and/or in-kind match equal to 20% of the total project cost by the City. The City’s required match of $49,226, is available from the San Diego City Attorney general fund budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-331) ADOPTED AS RESOLUTION R-314564
Resolution of the Council of the City of San Diego accepting, appropriating, and expending two grant awards from the California Governor's Office of Emergency Services on behalf of Your Safe Place-A Family Justice Center, within the Office of the City Attorney, and authorizing the San Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, January 10, 2023
Diego City Attorney to execute the grant agreements, including any amendments, extensions, or renewals that may become necessary.

Committee Actions Taken: N/A
Office of the City Attorney: Diane Doherty, (619) 533-3583 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 102: Resolution Excusing Councilmember Joe LaCava from Attending the July 25, 2022, Council Meeting.

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

Proposed Actions:
(R-2023-315) ADOPTED AS RESOLUTION R-314565
Resolution excusing a Councilmember from attending a meeting.

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

Committee Actions Taken: N/A
Council District 1: Steve Hadley, (619) 236-6972
City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT 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 26 for the Regular Meeting of Tuesday, January 10, 2023
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.

Item 330: Public Utilities Fiscal Year 2024-2028 Five-Year Financial Outlook. (Continued from the meeting of Tuesday December 13, 2022, Item 332, at the request of Council President Pro Elo-Rivera, to allow enough discussion on the current agenda items.) 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
Public Utilities: Adam Jones, (858) 614-4030
COUNCIL ACTION: Start Time: 2:03 PM
Item 331: Library Master Plan Framework Informational Update.

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
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, January 10, 2023
Library: Misty Jones, (619) 236-5870
COUNCIL ACTION: Start Time: 3:08 PM
Item 332: Recognized Obligation Payment Schedule for Fiscal Year 2023-2024.

Total Estimated Cost of Proposed Action and Funding Source:

See Staff Report-Fiscal Considerations.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-343) ADOPTED AS RESOLUTION R-314567
A Successor Agency Resolution approving the Seventeenth Recognized Obligation Payment Schedule for July 1, 2023, through June 30, 2024 (ROPS 17), approving an administrative budget for the ROPS 17 fiscal year, and authorizing the Mayor and Chief Financial Officer to carry out certain related actions.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6493
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 3:43 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 333: Second Amendment to the Citywide Security Service Agreement with Invicta Security CA Corporation dba Allstate Security.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, January 10, 2023
Total Estimated Cost of Proposed Action and Funding Source:

This action increases expenditure authority by $4M to $28,910,721 total over the contract term; impacts operational funds in the General Fund for the Public Library, Parks & Recreation, Facilities, & Office of the City Treasurer Departments, as well as departments that may require security services related to homelessness initiatives. Department security expenditures will be contingent upon ongoing security needs and available budget will be approved as part of the annual appropriations process.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-342) ADOPTED AS RESOLUTION R-314568
Resolution authorizing the Mayor, or his designee, to execute the Second Amendment to the Agreement with Invicta Security CA Corporation dba Allstate Security for additional citywide security services, increasing the expenditure authority by $4,000,000, for a total amount notto-exceed $28,910,721.

Committee Actions Taken:

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

ACTION: Motion by Vice Chair Elo-Rivera, second by Chair Cate, 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: 3:59 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, January 10, 2023
Item S500: Dr. Martin Luther King Jr. Community Celebration and Parade Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming January 21, 2023, to be “Dr. Martin Luther King Jr. Community Celebration and Parade Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:14 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S501: USD Volleyball Day.

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

APPROVED
Proclaiming January 10, 2023, to be, “USD Volleyball Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:14 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Item S502: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953.

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, January 10, 2023
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-350) ADOPTED AS RESOLUTION R-314566
Resolution reconsidering the circumstances of the state of emergency related to COVID-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act.

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

Committee Actions Taken: N/A
Council District 2: Lydia Van Note, (619) 236-6699
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

Item S503: Consideration of Appointment of an Interim City Clerk.

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

Proposed Actions:
(R-2023-354 Cor. Copy) ADOPTED AS RESOLUTION R-314569
Resolution appointing an interim City Clerk and setting initial annual salary in the position.

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

Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, January 10, 2023
Committee Actions Taken: N/A
Council District 2: Lydia Van Note, (619) 236-6699
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 5:11 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, January 10, 2023

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:25 p.m. in honor of the memory of:

George Courser as requested by Councilmember LaCava.

COUNCIL ACTION: Start Time: 5:23 PM

San Diego City CouncilJanuary 10, 2023

San Diego City Council
January 10, 2023