Minutes — San Diego City Council, February 28, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, FEBRUARY 28, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................5 ATTENDANCE DURING THE MEETING.....................................................................................................................5 ROLL CALL...........................................................................................................................................................................5 PLEDGE OF ALLEGIANCE ...............................................................................................................................................6 NON-AGENDA PUBLIC COMMENT...........................................................................................................................6 MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT 7 SPECIAL ORDERS OF BUSINESS..................................................................................................................................7 APPROVAL OF COUNCIL MINUTES...........................................................................................................................8 Item 30: Mission Trails Regional Park Volunteer Appreciation Day............................................................8 Item 31: Benchley-Weinberger Elementary School Multicultural Festival Day.......................................9 Item 50: Pure Water Program – Amendment No. 3 to the Agreement with Jacobs-CH2M Hill Engineers, Inc. for As-Needed Construction Management Services – Conveyance Projects - Contract Number H176955 ..........................................................................................................................................9 Item 51: Request to Exempt One (1) Assistant Deputy Director Position in the Public Utilities Department from the Classified Service ...............................................................................................................10 Item 52: Pure Water – Second Amendment to the Agreement with Trussell Technologies, Inc. for Specialized Technical Support Services for North City Pure Water Facility and Demonstration Pure Water Facility (H186591) ..................................................................................................................................11 Minutes of Tuesday, February 28, 2023 Page 2
Table of Contents (Continued)
Item 53: Adoption of the 2022 California Fire Code & Associated Municipal Code Amendments ...............................................................................................................................................................................................13 Item 54: Request to Exempt One (1) Program Coordinator Position in the Public Utilities Department From the Classified Service...............................................................................................................14 Item 55: Fourth Amendment to an Agreement for Downtown Circulator Shuttle Services................. ...............................................................................................................................................................................................15 Item 56: Award a Consultant Agreement, Contract #H2125782, to Michael Baker International to Provide Professional Design and Construction Support Services for the Kearny Mesa Trunk Sewer TS17 Project........................................................................................................................................................16 Item 57: 2022 Update to the San Diego Municipal Code (Land Development Code) and Local Coastal Program and Amendment to Floor Area Ratio Bonus and Citywide Park Development Impact Fee Resolutions ...............................................................................................................................................18 Item 60: Pure Water Program – Amendment No. 2 to the Agreement with Parsons-Black & Veatch Joint Venture for As-Needed Construction Manager - Treatment Plant and Facilities Projects - Contract Number H176935 ...................................................................................................................21 Item 100: Resolution Approving an Extension to the Temporary Exception to Article 19, Section F of the Memorandum of Understanding Between the City and San Diego City Firefighters, I.A.F.F., Local 145, Regarding Out-of-Class Assignments for the Fire Engineer Classification.........22 Item 101: Sale of City-Owned Property on Lusk Blvd in the Sorrento Mesa Area of San Diego (APN 340-090-27) to LS Lusk Land, LLC................................................................................................................23 Item 102: Award a Consultant Agreement, Contract #H2225964, to Hazen and Sawyer to Provide Professional Design and Construction Support Services for the Otay 2nd Pipeline Phase 5 Replacement Project.................................................................................................................................................24 Item 103: Second Amendment to Carahsoft ePlansoft Contract for Electronic Plan Review .........26 Item 104: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego Hunger Coalition for Hunger Free San Diego Data Warehouse....................................................27 Item 105: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego Humane Society & S.P.C.A. for Community Pet Events and Services ..........................................28 Minutes of Tuesday, February 28, 2023 Page 3
Table of Contents (Continued)
Item 106: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego Historical Society DBA San Diego History Center for Community History Archiving Project ...............................................................................................................................................................................................29 Item 107: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego County Bicycle Coalition for Community Bike Rides ..........................................................................30 Item 108: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to Ronald McDonald House Charities of San Diego, Inc. for Healthy Meals for Families with Children in Medical Crisis...................................................................................................................................................................31 Item 109: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to RISE Urban Leadership Institute of San Diego for RISE Urban Fellows Leadership Program ......................... ...............................................................................................................................................................................................32 Item 110: Settlement of Ramona Maria Juarez Ruiz v. City of San Diego, San Diego Superior Court No. 37-2019-00055852-CU-PO-CTL, Claim No. 23027 ......................................................................33 Item 111: Settlement of Maria Cazares v. City of San Diego, et al., San Diego Superior Court Case No. 37-2019-00028771-CU-PO-CTL, Claim No. 20321........................................................................34 Item 112: Appointment and Reappointments to the Balboa Park Committee....................................34 Item 113: Appointment and Reappointment to the Community Forestry Advisory Board.................. ...............................................................................................................................................................................................35 Item 114: Resolution Excusing Councilmember Jennifer Campbell from City Council and Committee Meetings....................................................................................................................................................36 Item 330: Amendments to Section 2, Article 6, Division 00 of the San Diego Municipal Code Creating a Climate Advisory Board and Repealing the Sustainable Energy Advisory Board................ ...............................................................................................................................................................................................37 Item 331: Amendments to Section 2, Article 6, Division 10 of the San Diego Municipal Code Creating a Resiliency Advisory Board and Repealing the Wetlands Advisory Board..........................38 Item S500: 32nd Street Grade Crossing Signal and Surface Installation and Maintenance Agreement with SANDAG & Burlington Northern Santa Fe Railway for Bayshore Bikeway-Barrio Logan..................................................................................................................................................................................40 Item S501: Resolutions Approving the Joint Agreement Between the City and San Diego Municipal Employees Association, AFSCME Local 127, and the Deputy City Attorneys Association Minutes of Tuesday, February 28, 2023 Page 4
Table of Contents (Continued)
of San Diego Regarding the Unwinding of Proposition B for Separated Employees Hired On or After July 20, 2012 and Before July 10, 2021.......................................................................................................41 Item S502: Settlement of April 2020 Sweetwater River Sanitary Sewer Overflow, Regional Water Quality Control Board Notice of Violation No. R9-2020-0204 ....................................................................42 Item S503: ECB Georgia Street Vacation – Project No. 699360..................................................................42 REPORT OUT FROM CLOSED SESSION.................................................................................................................44 ADJOURNMENT .............................................................................................................................................................44 Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, February 28, 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 10:45 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 3:02 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:

Fuentes (mrh/km)
*NOTE: Councilmember Campbell, Council President Pro Tem Montgomery Steppe, Councilmember von Wilpert, Councilmember Lee, and Councilmember Moreno participated in the meeting by teleconference.

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, February 28, 2023
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Bonnie Anderson commented on code violation on my house.

COUNCIL ACTION: Start Time: 10:31 AM
PUBLIC COMMENT-2:

Kristin Chapin commented on Guy Street 92110.

COUNCIL ACTION: Start Time: 10:33 AM
PUBLIC COMMENT-3 (virtual):

Terri-Ann Skelly commented on treatment of marijuana disorders.

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

Joy Sunyata commented on ideas for old Central Library.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, February 28, 2023
COUNCIL ACTION: Start Time: 10:37 AM
PUBLIC COMMENT-5 (virtual):

Peggy Walker commented on Cannabis users.

COUNCIL ACTION: Start Time: 10:40 AM
PUBLIC COMMENT-6 (virtual):

Becky Rapp commented on the Union Tribune article on state grant funds for marijuana entrepreneurship.

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

Judi Strang commented on vaping, cannabis use, and mental health.

COUNCIL ACTION: Start Time: 10:44 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, February 28, 2023
1/30/2023 Adjourned
1/30/2023 Special
1/31/2023 Adjourned
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Joe LaCava.

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);
Not Present: (None).

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

Item 30: Mission Trails Regional Park Volunteer Appreciation Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming March 18, 2023, to be “Mission Trails Regional Park Volunteer Appreciation Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 31: Benchley-Weinberger Elementary School Multicultural Festival Day.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, February 28, 2023
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming March 3, 2023, to be “Benchley-Weinberger Elementary School Multicultural Festival Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item 50: Pure Water Program – Amendment No. 3 to the Agreement with Jacobs-CH2M Hill Engineers, Inc. for As-Needed Construction Management Services – Conveyance Projects - Contract Number H176955.

Total Estimated Cost of Proposed Action and Funding Source:

An amount not-to-exceed $40,000,000.00, for a contract extension of 39 months, thus increasing the total amount of the agreement to $85,000,000.00, and increasing the contract duration to 99 months from the following two Water Funds: 700011 (Water Utility Operating), 700010 (Water Utility CIP); and the two Sewer Funds: 700001(Metro Sewer Utility), 700009 (Metro Sewer CIP).

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-117 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 14, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 3 to the Agreement with Jacobs-CH2M Hill Engineers, Inc. extending the Agreement through July 2026, in connection with an As-Needed Construction Management Services - Conveyance Projects for the Pure Water project.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, February 28, 2023
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on February 9, 2023.

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

VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 51: Request to Exempt One (1) Assistant Deputy Director Position in the Public Utilities Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The estimated cost for this budgeted position is anticipated to be $166,000 and is funded by the Water Utility Operating Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-113) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 14, 2023 Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, February 28, 2023
Introduction of an Ordinance authorizing the exemption of an Assistant Deputy Director position in the City's Public Utilities Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on November 3, 2022. This position will be responsible for developing and overseeing the Dam Safety Program. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 52: Pure Water – Second Amendment to the Agreement with Trussell Technologies, Inc. for Specialized Technical Support Services for North City Pure Water Facility and Demonstration Pure Water Facility (H186591).

Total Estimated Cost of Proposed Action and Funding Source:

The Second Amendment will increase the not-to-exceed amount by $3,190,000.00. Water Utility Operating Fund, contingent upon adoption of the Annual Appropriation Ordinance for the applicable fiscal year, and contingent upon the Chief Financial Officer furnishing one or more certificates certifying that the funds necessary for expenditure under the established contract funding phases are, or will be, on deposit with the City Treasurer.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/7/2023, Item 50 (Council voted 9-0):

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, February 28, 2023
(O-2023-105) ADOPTED AS ORDINANCE O-21613 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Agreement with Trussell Technologies, Inc. extending the Contract through 2028, in connection with the Specialized Technical Support Services for North City Pure Water Facility and Demonstration Pure Water Facility.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on January 19, 2023.

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

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

Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 53: Adoption of the 2022 California Fire Code & Associated Municipal Code Amendments.

Total Estimated Cost of Proposed Action and Funding Source:

Administration of the Fire Code is based upon a fee for service as outlined in the adopted fee schedule.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, February 28, 2023
Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/7/2023, Item 51 (Council voted 9-0):
(O-2023-103) ADOPTED AS ORDINANCE O-21614 (New Series)
Ordinance amending Chapter 5, Article 11, Divisions 1, 2, 3, 4, 5, 11, 49, 50, 56, 82 and 83 of the San Diego Municipal Code by amending Sections 511.0101, 511.0102, 511.0103, 511.0104, 511.0105, 511.0201 511.0202, 511.0301, 511.0304, 511.0319, 511.0401, 511.0403, 511.0404, 511.0405, 511.0503, 511.0510, 511.1103, 511.1104, 511.4901, 511.4904, 511.4906, 511.4907, 511.5001, 511.5601, 511.8201, and 511.8302 relating to fire regulations and the adoption of the 2022 California Fire Code.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on January 18, 2023.

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

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

Fire-Rescue: John Wood, (619) 572-5690
City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, February 28, 2023
Item 54: Request to Exempt One (1) Program Coordinator Position in the Public Utilities Department From the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The estimated cost for this budgeted position is anticipated to be $120,000, and is funded by the Municipal Sewer Revenue Fund and the Water Utility Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/14/2023, Item 50 (Council voted 9-0):
(O-2023-104) ADOPTED AS ORDINANCE O-21615 (New Series)
Ordinance authorizing the exemption of a Program Coordinator position in the City's Public Utilities Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 8, 2022. This position will be responsible for overseeing enterprise system analysis for the Customer Support Division. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Public Utilities: Bijan Mostafavi, (619) 533-7404
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 55: Fourth Amendment to an Agreement for Downtown Circulator Shuttle Services.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, February 28, 2023
Total Estimated Cost of Proposed Action and Funding Source:

The requested actions appropriate additional funding in the amount of $1.2 million from Fund 200489, Downtown Community Park District revenue. For Fiscal Year 2023, the extension of service is estimated to cost an amount not to exceed $200,000. The cost for Fiscal Year 2024 is estimated not-to- exceed $1 million through April 20, 2023.

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/14/2023, Item 51 (Council voted 9-0):
(O-2023-107) ADOPTED AS ORDINANCE O-21616 (New Series)
Ordinance of the Council of the City of San Diego approving a fourth amendment to an agreement between the City of San Diego and San Diego Free Ride, LLC and Tag-A-Long San Diego, LLC for a demand-response downtown circulator shuttle and approving related funding. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on January 25, 2023.

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

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

Sustainability and Mobility: Krystal Ayala, (619) 236-7079 City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, February 28, 2023
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);
Not Present: (None).

Item 56: Award a Consultant Agreement, Contract #H2125782, to Michael Baker International to Provide Professional Design and Construction Support Services for the Kearny Mesa Trunk Sewer TS17 Project.

Total Estimated Cost of Proposed Action and Funding Source:

Cost $5,500,000.00, Muni Sewer Utility CIP Fund. This project will be Phase funded.

Council District(s) Affected: 6, 7.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/14/2023, Item 60, Subitem-B (Council voted 9-0):
(O-2023-110) ADOPTED AS ORDINANCE O-21617 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute an 87-month agreement with Michael Baker International for design and construction support services for the Kearny Mesa Trunk Sewer TS17 project in an amount not-to-exceed $5,500,000, and related actions. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on January 25, 2023.

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

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

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, February 28, 2023
City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 57: 2022 Update to the San Diego Municipal Code (Land Development Code) and Local Coastal Program and Amendment to Floor Area Ratio Bonus and Citywide Park Development Impact Fee Resolutions.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed code amendments do not change any current funding mechanisms or funds. Costs associated with implementation of the proposed amendments will be covered by development project applicants.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/14/2023, Item 330, Subitem-A and Subitem-B, (Council voted 5-4, Councilmember LaCava, Councilmember Campbell, Councilmember von Wilpert, Councilmember Campillo-nay)
The Land Development Code (LDC) provides the City's regulations for the development and use of property within the City of San Diego and provides information on zoning, subdivisions, grading and other related land use activities. The City Council recognizes the importance of an annual LDC revision that removes unnecessary barriers to simplify and streamline permitting processes (LDC Update). The 2022 LDC Update includes amendments that will align policy with the City’s climate, equity and housing goals, include regulatory reform, comply with state law, and include corrections and clarifications. This item also includes amendments to the Centre City Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, February 28, 2023
Planned District Ordinance, amendments to Resolution R–307481 regarding the Floor Area Ratio (FAR) Payment Bonus Program, and Resolution R–313688, adopting a New Citywide Park Development Impact Fee.

Subitem-A: (O-2023-111 REV. COR. COPY 2) ADOPTED AS ORDINANCE O-21618 (New Series) Ordinance amending Chapter 11, Article 2, Division 3 of the San Diego Municipal Code by amending Sections 112.0302, 112.0303, and 112.0304; by amending Chapter 11, Article 2, Division 5 of the San Diego Municipal Code by amending Section 112.0501; by amending Chapter 11, Article 2, Division 6 by amending Sections 112.0601 and 112.0604; by amending Chapter 11, Article 3, Division 1 by amending Section 113.0103; by amending Chapter 12, Article 5, Division 9 by amending Section 125.0940; by amending Chapter 12, Article 6, Division 1 by amending Section 126.0108; by amending Chapter 12, Article 6, Division 3 by amending Section 126.0303; by amending Chapter 12, Article 6, Division 5 by amending Section 126.0502; by amending Chapter 12, Article 6, Division 7 by amending Sections 126.0704, 126.0707, and 126.0709; by amending Chapter 12, Article 8, Division 3 by amending Section 128.0305; by amending Chapter 12, Article 9, Division 7 by amending Section 129.0710; by amending Chapter 13, Article 1, Division 2 by amending Section 131.0222; by amending Chapter 13, Article 1, Division 3 by amending Section 131.0322; by amending Chapter 13, Article 1, Division 4 by amending Sections 131.0422, 131.0431, and 131.0443; by amending Chapter 13, Article 1, Division 5 by amending Section 131.0522; by amending Chapter 13, Article 1, Division 6 by amending Sections 131.0620 and 131.0622; by amending Chapter 13, Article 1, Division 7 by amending Sections 131.0701, 131.0707, and 131.0718; by amending Chapter 13, Article 2, Division 4 by amending Sections 132.0402 and adding Section 132.0404; by amending Chapter 14, Article 1, Division 3 by amending Sections 141.0302 and 141.0318; by amending Chapter 14, Article 1, Division 4 by amending Sections 141.0407, 141.0420, and 141.0421, and by adding new Section 141.0422; by amending Chapter 14, Article 2, Division 3 by amending Section 142.0305; by amending Chapter 14, Article 2, Division 4 by amending Sections 142.0402, 142.0403, 142.0404, 142.0405, 142.0407, 142.0412, and 142.0413; by amending Chapter 14, Article 2, Division 5 by amending Section 142.0560; by amending Chapter 14, Article 2, Division 6 by amending Section 142.0640; by amending Chapter 14, Article 2, Division 12 by amending Section 142.1250; by amending Chapter 14, Article 2, Division 13 by amending Sections 142.1305 and 142.1307; by amending Chapter 14, Article 3, Division 2 by amending Section 143.0212; by amending Chapter 14, Article 3, Division 7 by amending Sections 143.0720, 143.0740, 143.0742, 143.0744, 143.0745, and 143.0746; by amending Chapter 14, Article 3, Division 9 by amending Section 143.0915; by amending Chapter 14, Article 3, Division 10 by amending Sections 143.1001 and 143.1002, retitling Section 143.1010, and amending Sections 143.1015, 143.1020, And 143.1025; by amending Chapter 14, Article 3, Division 11 by amending Sections 143.1102 and 143.1103; by amending Chapter 14, Article 3, Division 13 by amending Section 143.1310; by amending Chapter 15, Article 1, Division 1 by amending Section 151.0103; by amending Chapter 15, Article 3, Division 3 by amending Section 153.0311; by amending Chapter 15, Article 5, Division 2 by amending Sections 155.0231, 155.0238, and 155.0242; by amending Chapter 15, Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, February 28, 2023
Article 13, Division 3 by amending Section 1513.0304; and by amending Chapter 15, Article 16, Division 1 by amending Sections 1516.0114 And 1516.0119, relating to the 2022 Land Development Code Update.

Subitem-B: (O-2023-112 REV. COR. COPY) ADOPTED AS ORDINANCE O-21619 (New Series) Ordinance amending Chapter 15, Article 6, Division 3 of the San Diego Municipal Code by amending Sections 156.0301, 156.0302, 156.0304, 156.0306, 156.0307, 156.0308, 156.0309, 156.0310, 156.0311, 156.0313, and 156.0315, relating to the Centre City Planned District Ordinance.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on January 12, 2023.

ACTION: Motion by Committee Member Whitburn, second by Committee Member Lee, to recommend Council approval of staff's recommendation and the following items be provided prior to City Council:

A. Request that the City Attorney provide the Council with a written opinion regarding two things:

1. An opinion of whether on-site affordable units are required as part of the Complete Communities program.

2. An opinion on what process would need to be followed if the Council desired to allow affordable units to be built off-site.

B. Request that the Planning Department provide the Council in writing an analysis of allowing affordable requirements to be met with off-site units within the Complete Communities program, including whether the current program includes distance requirements for off-site units.

VOTE: 3-1; Moreno-yea, Whitburn-yea, Lee-yea, LaCava-nay.

Planning: Corey Funk, (619) 533-3945
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. (Councilmember Campillo moved the consent agenda but voted nay on Item 57.) Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, February 28, 2023
Second by Joe LaCava (Councilmember LaCava seconded the consent agenda but voted nay on Item 57.)
Passed by the following vote:

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

Item 60: Pure Water Program – Amendment No. 2 to the Agreement with Parsons-Black & Veatch Joint Venture for As-Needed Construction Manager - Treatment Plant and Facilities Projects - Contract Number H176935.

Total Estimated Cost of Proposed Action and Funding Source:

An amount not-to-exceed $35,000,000.00, and for a contract extension of 36 months, thus increasing the total amount of the agreement to $110,000,000.00, and increasing the contract duration to 8 years from the following two Water Funds: 700011 (Water Utility Operating), 700010 (Water Utility CIP); and the following two Sewer Funds: 700001 (Metro Sewer Utility), 700009 (Metro Sewer CIP).

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-412 Cor. Copy 2) ADOPTED AS RESOLUTION R-314606 Resolution determining that the Project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15303 (New Construction or Conversion of Small Structures), 15304 (Minor Alterations to Land) and 15306 (Information Collection) of the CEQA Guidelines, and that an exception to the exemptions as set forth in CEQA Guidelines section 15300.2 would not apply.

Subitem-B: (O-2023-116 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 14, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Agreement with Parsons-Black & Veatch Joint Venture extending the Agreement through July 2026 in connection with As-Needed Construction Manager - Treatment Plant and Facilities Projects for the Pure Water Project.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, February 28, 2023
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on February 9, 2023.

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

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

Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Joe LaCava.

Passed by the following vote:

Item 100: Resolution Approving an Extension to the Temporary Exception to Article 19, Section F of the Memorandum of Understanding Between the City and San Diego City Firefighters, I.A.F.F., Local 145, Regarding Out-of-Class Assignments for the Fire Engineer Classification.

Total Estimated Cost of Proposed Action and Funding Source:

This action is anticipated to be cost neutral as the Fire-Rescue Department would not be required to mandatory employees on overtime into the Fire Engineer classification at premium overtime rate, but instead could utilize the OCA for a regular duty assignment.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, February 28, 2023
Proposed Actions:
(R-2023-409) ADOPTED AS RESOLUTION R-314607
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, I.A.F.F., Local 145, for a temporary exception to Article 19 of the Memorandum of Understanding regarding out-of-class assignments for the Fire Engineer classification. 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Abby Jarl-Veltz, (619) 236-6314
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 101: Sale of City-Owned Property on Lusk Blvd in the Sorrento Mesa Area of San Diego (APN 340-090-27) to LS Lusk Land, LLC.

Total Estimated Cost of Proposed Action and Funding Source:

N/A - This is a property sale and will generate revenue to be deposited in the Capital Outlay Pueblo Land/Police Decentralization Fund.

Council District(s) Affected: 6.

Proposed Actions:

Subitem-A: (R-2023-406) ADOPTED AS RESOLUTION R-314608
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, February 28, 2023
Resolution determining that approving a purchase and sale agreement for the City’s sale of 8.18 acres of unimproved real property in the Sorrento Mesa area of the City of San Diego to LS Lusk Land, LLC is exempt from the California Environmental Quality Act under Title 14 California Code of Regulations Section 15312.

Subitem-B: (R-2023-405) ADOPTED AS RESOLUTION R-314609
Resolution approving a purchase and sale agreement for the City’s sale of 8.18 acres of unimproved real property in the Sorrento Mesa area of the City of San Diego to LS Lusk Land, LLC, authorizing the payment of real estate brokerage commissions related to the sale, and authorizing the Chief Financial Officer to accept and deposit the independent consideration and the sale proceeds.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on February 2, 2023.

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

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

Department of Real Estate and Airport Management: Mary Carlson, (619) 236-6079 City Attorney Contact: Julie Gough Inman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 102: Award a Consultant Agreement, Contract #H2225964, to Hazen and Sawyer to Provide Professional Design and Construction Support Services for the Otay 2nd Pipeline Phase 5 Replacement Project.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, February 28, 2023
Total Estimated Cost of Proposed Action and Funding Source:

The phase funded agreement with Hazen and Sawyer is in the total amount not-to-exceed $3,247,222, of which $2,174,437, is for the first phase and $1,072,785, is for all subsequent phases.

Council District(s) Affected: 4.

Proposed Actions:

Subitem-A: (R-2023-413) ADOPTED AS RESOLUTION R-314610
Resolution determining that the award and execution of the consultant agreement with Hazen and Sawyer to provide professional design and construction support services for the Otay 2nd Pipeline Phase 5 Project is statutorily exempt from CEQA pursuant to State CEQA Guidelines section 15262.

Subitem-B: (R-2023-391) ADOPTED AS RESOLUTION R-314611
Resolution authorizing award and execution of the consultant agreement with Hazen and Sawyer for professional design and construction support services for the Otay 2nd Pipeline Phase 5 Replacement Project and taking related actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on January 25, 2023.

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

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

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, February 28, 2023
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);
Not Present: (None).

Item 103: Second Amendment to Carahsoft ePlansoft Contract for Electronic Plan Review.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this second amendment to the agreement will increase the cost by $932,825, for a total contract amount not-to-exceed $3,932,825, over the 5-year term of the agreement.

Funding is available within Development Services Fund 700036.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-395) ADOPTED AS RESOLUTION R-314612
Resolution authorizing a second amendment to the ePlansoft contract with Carahsoft Technology Corp. and increasing the contract’s total not-to-exceed amount from $3,000,000.00 to $3,932,825.00.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on February 8, 2023.

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

VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea Development Services: JC Thomas, (619) 236-6552
City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, February 28, 2023
Passed by the following vote:

Item 104: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego Hunger Coalition for Hunger Free San Diego Data Warehouse.

Total Estimated Cost of Proposed Action and Funding Source:

This Agreement with San Diego Hunger Coalition is for an amount not-to-exceed $3,000.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 3 and 5.

Council District(s) Affected: 3, 5.

Proposed Actions:
(R-2023-396) ADOPTED AS RESOLUTION R-314613
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with San Diego Hunger Coalition, in an amount not-to-exceed $3,000, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.” Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Daniel Orloff
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

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);
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, February 28, 2023
Recused: (None);
Not Present: (None).

Item 105: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego Humane Society & S.P.C.A. for Community Pet Events and Services.

Total Estimated Cost of Proposed Action and Funding Source:

This Agreement with San Diego Humane Society & S.P.C.A. is for an amount not-to-exceed $15,500.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 2, 5, 6, 7, and 8.

Council District(s) Affected: 2, 5, 6, 7, 8.

Proposed Actions:

Subitem-A: (R-2023-389) ADOPTED AS RESOLUTION R-314614
Resolution determining that the approval of the Community Projects, Programs, and Services FY 2023 City Council Allocations Agreement between the City and the San Diego Humane Society & S.P.C.A. is exempt from the California Environmental Quality Act Pursuant to Sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (R-2023-388) ADOPTED AS RESOLUTION R-314615
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with the San Diego Humane Society & S.P.C.A., in an amount not-to-exceed $15,500, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.” Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, February 28, 2023
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);
Not Present: (None).

Item 106: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego Historical Society DBA San Diego History Center for Community History Archiving Project.

Total Estimated Cost of Proposed Action and Funding Source:

This Agreement with San Diego Historical Society dba San Diego History Center is for an amount not-to-exceed $3,000.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 5 and 7.

Council District(s) Affected: 5, 7.

Proposed Actions:
(R-2023-397) ADOPTED AS RESOLUTION R-314616
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with San Diego Historical Society dba San Diego History Center, in an amount not-to-exceed $3,000, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.” Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Daniel Orloff
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, February 28, 2023
Item 107: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego County Bicycle Coalition for Community Bike Rides.

Total Estimated Cost of Proposed Action and Funding Source:

This Agreement with San Diego County Bicycle Coalition is for an amount not-to-exceed $6,500.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 2, 5, 7, and 8.

Council District(s) Affected: 2, 5, 7, 8.

Proposed Actions:

Subitem-A: (R-2023-400) ADOPTED AS RESOLUTION R-314617
Resolution determining that the approval of the Community Projects, Programs, and Services FY 2023 City Council Allocations Agreement between the City and the San Diego County Bicycle Coalition is exempt from the California Environmental Quality Act pursuant to sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (R-2023-399) ADOPTED AS RESOLUTION R-314618
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with the San Diego County Bicycle Coalition, in an amount not-to-exceed $6,500, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs, and Services." Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

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);
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, February 28, 2023
Recused: (None);
Not Present: (None).

Item 108: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to Ronald McDonald House Charities of San Diego, Inc. for Healthy Meals for Families with Children in Medical Crisis.

Total Estimated Cost of Proposed Action and Funding Source:

This Agreement with Ronald McDonald House Charities of San Diego, Inc. is for an amount notto-exceed $3,000.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 6 and 7.

Council District(s) Affected: 6, 7.

Proposed Actions:
(R-2023-407) ADOPTED AS RESOLUTION R-314619
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with Ronald McDonald House Charities of San Diego, Inc., in an amount not-to-exceed $3,000, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.” Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, February 28, 2023
Item 109: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to RISE Urban Leadership Institute of San Diego for RISE Urban Fellows Leadership Program.

Total Estimated Cost of Proposed Action and Funding Source:

This Agreement with RISE Urban Leadership Institute of San Diego is for an amount not-toexceed $8,500.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 2, 4, and 5.

Council District(s) Affected: 2, 4, 5.

Proposed Actions:
(R-2023-408) ADOPTED AS RESOLUTION R-314620
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with RISE Urban Leadership Institute of San Diego, in an amount not-to-exceed $8,500, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.” Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 110: Settlement of Ramona Maria Juarez Ruiz v. City of San Diego, San Diego Superior Court No. 37-2019-00055852-CU-PO-CTL, Claim No. 23027.

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, February 28, 2023
Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $150,000, will be paid from the Water Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-348 COR. COPY) ADOPTED AS RESOLUTION R-314621
Resolution authorizing the settlement of Ramona Maria Juarez Ruiz v. City of San Diego, San Diego Superior Court No. 37-2019-00055852-CU-PO-CTL, Claim No. 23027, related to a claim for personal injury damages stemming from a trip and fall on a sidewalk at 2561 G Street in the City of San Diego, on February 28, 2019. Risk Claim No. 23027.

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

Passed by the following vote:

Item 111: Settlement of Maria Cazares v. City of San Diego, et al., San Diego Superior Court Case No. 37-2019-00028771-CU-PO-CTL, Claim No. 20321.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $350,000, will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, February 28, 2023
Proposed Actions:
(R-2023-356) ADOPTED AS RESOLUTION R-314622
Resolution authorizing the settlement of Maria Cazares v. City of San Diego, et al., San Diego Superior Court Case No. 37-2019-00028771-CU-PO-CTL, related to a collision involving a police officer and a pedestrian that occurred on South 47th Street on September 3, 2018, Claim No. 22819.

Committee Actions Taken: N/A
Office of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 112: Appointment and Reappointments to the Balboa Park Committee.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 3.

Proposed Actions:
(R-2023-393) ADOPTED AS RESOLUTION R-314623
Resolution confirming the Mayor's appointment of Kathy Vandenheuval and reappointments of Howard Blackson, Chris Eddy, and Brer March to the Balboa Park Committee for terms ending March 1, 2024.

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, February 28, 2023
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 113: Appointment and Reappointment to the Community Forestry Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 4, 9.

Proposed Actions:
(R-2023-382) ADOPTED AS RESOLUTION R-314624
Resolution confirming the Mayor's reappointment of Wes Janssen and appointment of Matthew Smith to the Community Forest Advisory Board for terms ending December 31, 2025.

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

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, February 28, 2023
Passed by the following vote:

Item 114: Resolution Excusing Councilmember Jennifer Campbell from City Council and Committee Meetings.

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

Proposed Actions:
(R-2023-398) ADOPTED AS RESOLUTION R-314625
Resolution excusing Councilmember Jennifer Campbell from City Council and Committee Meetings.

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

Committee Actions Taken: N/A
Council District 2: Liezl Gloria, (619) 236-6622
City Attorney Contact: Jose A. Garcia Jr.

COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, February 28, 2023
Item 330: Amendments to Section 2, Article 6, Division 00 of the San Diego Municipal Code Creating a Climate Advisory Board and Repealing the Sustainable Energy Advisory Board.

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

Proposed Actions:
(O-2023-108 Rev.) INTRODUCED AS AMENDED BY INTERLINEATION, TO BE ADOPTED MARCH 14, 2023
Introduction of an Ordinance amending Chapter 2, Article 6, Division 00 of the San Diego Municipal Code by repealing Section 26.04 and by adding new Section 26.40 and 26.41 establishing the Climate Advisory Board and disbanding the Sustainable Energy Advisory Board.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on November 21, 2022.

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

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

Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:12 PM

MOTION BY JOE LACAVA TO INTRODUCE THE ORDINANCE AS AMENDED BY INTERLINEATION TO REVISE THE LANGUAGE UNDER SECTION 26.40 “CLIMATE ADVISORY BOARD” SUBSECTION (C)(1) ON PAGE 4 BY REPLACING THE WORDS “YOUTH CLIMATE LEADERSHIP MEANS A HIGH

SCHOOL STUDENT WITH A DEMONSTRATED INTEREST IN CLIMATE-RELATED STUDIES OR A

STUDENT CURRENTLY ENROLLED IN AN ASSOCIATE, BACHELOR, MASTERS, OR GRADUATE DEGREE PROGRAM OR TECHNICAL SCHOOL FOCUSED ON CLIMATE RELATED STUDIES” WITH “YOUTH CLIMATE LEADERSHIP MEANS A PERSON 25 YEARS OF AGE OR YOUNGER WITH A DEMONSTRATED LEADERSHIP ROLE IN CLIMATE CHANGE ADVOCACY.” Second by Sean EloRivera.

Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, February 28, 2023
Passed by the following vote:

Item 331: Amendments to Section 2, Article 6, Division 10 of the San Diego Municipal Code Creating a Resiliency Advisory Board and Repealing the Wetlands Advisory Board.

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

Proposed Actions:
(O-2023-109 Rev.) INTRODUCED AS AMENDED BY INTERLINEATION, TO BE ADOPTED MARCH 14, 2023
Introduction of an Ordinance amending Chapter 2, Article 6, Division 10 of the San Diego Municipal Code by retitling Division 10, amending Sections 26.1001 and 26.1002 and adding Section 26.1003 establishing the Resiliency Advisory Board and disbanding the Wetlands Advisory Board.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on November 21, 2022.

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

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

Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:12 PM

MOTION BY JOE LACAVA TO INTRODUCE THE ORDINANCE AS AMENDED BY INTERLINEATION TO REVISE THE LANGUAGE UNDER SECTION 26.1002 TITLED “RESILIENCY ADVISORY BOARD Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, February 28, 2023
ESTABLISHED” SUBSECTION (B)(1) ON PAGE 4 BY REPLACING THE WORDS “YOUTH LEADERSHIP

MEANS A HIGH SCHOOL STUDENT WITH A DEMONSTRATED INTEREST IN CLIMATE OR

RESILIENCY-RELATED STUDIES OR A STUDENT CURRENTLY ENROLLED IN AN ASSOCIATE,

BACHERLOR, MASTERS, OR GRADUATE DEGREE PROGRAM OR TECHNICAL SCHOOL FOCUSED ON CLIMATE OR RESILIENCY-RELATED STUDIES” WITH “YOUTH LEADERSHIP MEANS A PERSON 25 YEARS OF AGE OR YOUNGER WITH A DEMONSTRATED LEADERSHIP ROLE IN CLIMATE OR RESILIENCY-RELATED ADVOCACY.” Second by Sean Elo-Rivera.

Passed by the following vote:

Item S500: 32nd Street Grade Crossing Signal and Surface Installation and Maintenance Agreement with SANDAG & Burlington Northern Santa Fe Railway for Bayshore Bikeway-Barrio Logan.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 8.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/7/2023, Item 330 (Council voted 9-0):
(O-2023-102) ADOPTED AS ORDINANCE O-21620 (New Series)
Ordinance authorizing the Mayor, or his designee, to sign and deliver the Grade Crossing Signal and Surface Installation and Maintenance Agreement between the City of San Diego, SANDAG and BNSF Railway Company, including the Easement Agreement and Memorandum of Easement for improvements to the Bayshore Bikeway at Harbor Drive and 32nd Street. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Cassandra Mougin
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, February 28, 2023
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item S501: Resolutions Approving the Joint Agreement Between the City and San Diego Municipal Employees Association, AFSCME Local 127, and the Deputy City Attorneys Association of San Diego Regarding the Unwinding of Proposition B for Separated Employees Hired On or After July 20, 2012 and Before July 10, 2021.

Total Estimated Cost of Proposed Action and Funding Source:

Please see the Fiscal Considerations section of the staff report.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-425) ADOPTED AS RESOLUTION R-314626
Resolution approving a Joint Tentative Agreement between the City and MEA and Local 127 regarding the unwinding of Proposition B for separated employees hired on or after July 20, 2012 and before July 10, 2021.

Subitem-B: (R-2023-424) ADOPTED AS RESOLUTION R-314627
Resolution approving a Tentative Agreement between the City and DCAA regarding the unwinding of Proposition B for separated employees hired on or after July 20, 2012 and before July 10, 2021.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, February 28, 2023
Human Resources: Dianne Mitra, (619) 533-6539
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S502: Settlement of April 2020 Sweetwater River Sanitary Sewer Overflow, Regional Water Quality Control Board Notice of Violation No. R9-2020-0204.

Total Estimated Cost of Proposed Action and Funding Source:

The Administrative Civil Liability penalty of $4,609,724, will be paid from Metropolitan Sewer Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-431) RETURNED TO STAFF
Resolution determining that authorizing payments under a settlement agreement with the Regional Water Quality Control Board related to a notice of violation issued to the City for a sanitary sewer overflow into the Sweetwater River, including funding two supplemental environmental projects, is exempt from the California Environmental Quality Act Pursuant to Sections 15301, 15302, 15304, and 15306 of the CEQA Guidelines.

Subitem-B: (R-2023-430) RETURNED TO STAFF
Resolution authorizing payments under the settlement agreement with the Regional Water Quality Control Board regarding the sanitary sewer overflow into the Sweetwater River and related actions.

Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, February 28, 2023
Committee Actions Taken: N/A
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 10:05 AM
Item S503: ECB Georgia Street Vacation – Project No. 699360.

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: 3.

Proposed Actions:

Subitem-A: (R-2023-402 Cor. Copy) ADOPTED AS RESOLUTION R-314628 Resolution determining that this Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305.

This resolution also determines that an exception to the exemption as set forth in CEQA Guidelines Section 15300.2 does not apply.

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.

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

Subitem-B: (R-2023-401 Cor. Copy) ADOPTED AS RESOLUTION R-314629 Resolution ordering vacated Public Right-of-Way Vacation No. 2592174, as more particularly described in the legal description and shown on Drawing No. 42596-B, both attached to this resolution, subject to the condition to assure the closure of the alley entrance and restoration of curb, gutter and sidewalk on Georgia Street.

This resolution also reserves and excepts from Public Right-of-Way Vacation No. 2592174 an easement for public utility purposes.

Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, February 28, 2023
This resolution also orders the Development Services Department record a certified copy of this resolution with attached exhibits, attested by the City Clerk under seal, in the Office of the County Recorder.

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

Committee Actions Taken: N/A
Development Services: Bryan Hudson, (619) 446-5333
City Attorney Contact: Noah J Brazier
COUNCIL ACTION: Start Time: 2:04 PM
Public testimony by Jay Powell.

MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:02 p.m.

COUNCIL ACTION: Start Time: 3:02 PM

San Diego City CouncilFebruary 28, 2023

San Diego City Council
February 28, 2023