Minutes — San Diego City Council, May 23, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, MAY 23, 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 ..........................................................................................................................5 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................7 SPECIAL ORDERS OF BUSINESS ...........................................................................................7 Item 30: 2023 National Public Works Week ..........................................................................7 Item 31: National Foster Care Month....................................................................................8 Item 50: Exemption of Program Coordinator in the Office of Special Events and Filming from Classified Service .................................................................................................................8 Item 60: Second Amendment to Contract Resulting from Request for Proposal Number 100088534-18-L for As-Needed Remediation and Clean-Up Services from City of San Diego Water Main Breaks and Sewer Backups with Luth and Turley, Inc ...........................................9 Item 100: Award of a Sole Source Agreement and a First Amendment to that Agreement with HDR Engineering, Inc. for Point Loma Wastewater Treatment Plant (PLWTP) Coastal Erosion Monitoring Program Implementation (H2225956).................................................................11 Item 101: Approve Project List and Four Slurry Seal Contracts to be Funded by the Fiscal Year 2024 Road Maintenance and Rehabilitation Account (RMRA) Funds .......................................12 Item 102: Pure Water Capital Improvement Budget - Increase Pure Water Phase 2 Budget, and Award of Construction Contract to J.R. Filanc Construction Company, Inc. for Pure Water Program Central Area Small-Scale Facility (K-23-2119-DBB-3-C)............................................13 Minutes of Tuesday, May 23, 2023 Page 2
Table of Contents (Continued)
Item 103: Pure Water Capital Improvement Budget - Addition of S-23012 ............................14 Item 104: Appointment and Reappointment to the San Diego Housing Commission...............15 Item 105: Appointment and Reappointments to the Board of Library Commissioners .............16 Item 106: Appointments to the Mission Bay Park Committee................................................17 Item 107: Reappointments to the San Diego City Employees Retirement System Board of Administration ...................................................................................................................18 Item 330: City of San Diego Crime Briefing: January – December 2022 Index Crimes ............19 Item 331: Adoption of Resolution of Necessity to Commence Eminent Domain Process to Acquire Property Owner’s Intangible Easement of Access to Normal Street for the City of San Diego’s Normal Street Promenade Project, CIP Project B-19096 ............................................19 Item 332: Project No. 673818 – BDM Mixed Use Project ......................................................21 Item 333: An Appeal to the Environmental Determination Made for the Mullen Residence - Accessory Dwelling Unit Project...........................................................................................23 Item 334: FY2024 Business Improvement District Budgets - Annual Appropriation Process.....24 Item S500: Eric Dargan as one of the American Public Works Association (APWA) Top Ten Public Works Leaders .........................................................................................................26 Item S501: This item was removed from the Agenda...........................................................26 Item S502: Congenital Disorders of Glycosylation (CDG) Awareness Day...............................26 Item S503: Haitian Flag Day ..............................................................................................27 Item S504: Eloise Battle Day .............................................................................................27 Item S505: Lincoln High School Football Day ......................................................................28 Item S506: Martha Zapata Day ..........................................................................................28 Item S507: The Key to the City of San Diego is Presented to the Lincoln High School Varsity Football Team....................................................................................................................29 REPORT OUT FROM CLOSED SESSION................................................................................29 ADJOURNMENT .................................................................................................................29 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Tuesday, May 23, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:04 a.m. Councilmember von Wilpert arrived to the meeting at 10:12 a.m. Councilmember Lee and Councilmember Moreno left the meeting at 11:31 a.m. The meeting was recessed by Council President EloRivera at 11:51 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. Councilmember Whitburn left the meeting at 3:51 p.m.

Councilmember Moreno left the meeting at 3:58 p.m. Councilmember Moreno returned to the meeting at 4:27 p.m. The meeting was adjourned by Council President Elo-Rivera at 4:54 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn (Pursuant to California Government Code section 54953(f), participated remotely due to just cause related to travel while on official business with one individual 18 years of age or older present in the room; Ryan Darsey Director of Community Engagement for District 3.)
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 (cp/mrh)

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-not present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-not present
(6) Councilmember Lee-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, May 23, 2023
(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 LaCava.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Joy Sunyata commented on employee rewards.

COUNCIL ACTION: Start Time: 11:31 AM
PUBLIC COMMENT-2:

Laurice Tomlinson commented on Diamond Street, traffic calming.

COUNCIL ACTION: Start Time: 11:33 AM
PUBLIC COMMENT-3 (virtual):

Francine Maxwell requested a Public Safety Committee meeting pertaining to the Commission on Police Practices.

COUNCIL ACTION: Start Time: 11:36 AM
PUBLIC COMMENT-4 (virtual):

Diane Grayson commented on supporting education as part of the Budget.

COUNCIL ACTION: Start Time: 11:38 AM
PUBLIC COMMENT-5 (virtual):

Nancy Logan commented on marijuana impaired driving.

Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, May 23, 2023
COUNCIL ACTION: Start Time: 11:40 AM
PUBLIC COMMENT-6 (virtual):

Blair Beekman commented on surveillance technology.

COUNCIL ACTION: Start Time: 11:42 AM
PUBLIC COMMENT-7 (virtual):

Kathleen Lippitt commented on cannabis outlets.

COUNCIL ACTION: Start Time: 11:44 AM
PUBLIC COMMENT-8 (virtual):

Kelly McCormick commented on support for AB 1207.

COUNCIL ACTION: Start Time: 11:46 AM
PUBLIC COMMENT-9 (virtual):

Judi Strang requested a youth crisis line number on City’s website.

COUNCIL ACTION: Start Time: 11:48 AM

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

Councilmember LaCava wished Councilmember Lee a happy birthday.

COUNCIL ACTION: Start Time: 10:23 AM

SPECIAL ORDERS OF BUSINESS
None.

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, May 23, 2023
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 30: 2023 National Public Works Week.

COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Proclaiming the week of May 21 – May 27, 2023, to be “2023 National Public Works Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Kent Lee.

Passed by the following vote:

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

Item 31: National Foster Care Month.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming May 2023, to be “National Foster Care Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 50: Exemption of Program Coordinator in the Office of Special Events and Filming from Classified Service.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, May 23, 2023
Total Estimated Cost of Proposed Action and Funding Source:

This position is offset by vacancy savings for FY2023. For FY 2024, the Office has requested funding in the FY 2024 budget which is partially offset by savings due to a position reduction.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-154) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 6, 2023 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position, in the City's Special Events and Filming Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 7, 2023. This position will be responsible for overseeing the special event permit application process for the Parks and Recreation Department, working with the Planning Department and Office of the City Attorney to evaluate requirements of Notice of Right to Appeal, and other related duties.

Committee Actions Taken: N/A
Special Events and Filming: Natasha Collura, (619) 685-1332 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Kent Lee.

Passed by the following vote:

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

Item 60: Second Amendment to Contract Resulting from Request for Proposal Number 100088534-18-L for As-Needed Remediation and Clean-Up Services from City of San Diego Water Main Breaks and Sewer Backups with Luth and Turley, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

Please see the Fiscal Considerations section in the Staff Report.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, May 23, 2023
Proposed Actions:

Subitem-A: (R-2023-724) ADOPTED AS RESOLUTION R-314917
Resolution determining that the Second Amendment to the Contract Resulting from Request for Proposal Number 100088534-18-L for As-Needed Remediation and Clean-Up Services from City of San Diego Water Main Breaks and Sewer Backups with Luth and Turley, Inc. is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines as the contract provides repair and minor alteration of existing private structures.

Subitem-B: (O-2023-153) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 6, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with Luth & Turley, extending the Contract through June 24, 2025, in connection with the As-Needed Remediation and Clean-Up Services from City of San Diego Water Main Breaks and Sewer Backups project.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 27, 2023.

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

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

Public Utilities: William Curcio, (619) 908-2555
City Attorney Contact: Frank Ahn
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Kent Lee.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, May 23, 2023
Item 100: Award of a Sole Source Agreement and a First Amendment to that Agreement with HDR Engineering, Inc. for Point Loma Wastewater Treatment Plant (PLWTP) Coastal Erosion Monitoring Program Implementation (H2225956).

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this first amendment to the agreement will increase the cost by $1,502,467, for a total contract amount of $3,263,672 over the 30-month term of the agreement. Funds will come from the Metro Sewer Utility Fund.

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2023-729) ADOPTED AS RESOLUTION R-314918
Resolution determining that the first amendment to the agreement with HDR Engineering, Inc. for Point Loma Wastewater Treatment Plant Coastal Erosion Monitoring Program Implementation (H2225956) is exempt from the California Environmental Quality Act Pursuant to Sections 15303, 15304, and 15306 of the CEQA Guidelines.

Subitem-B: (R-2023–722) ADOPTED AS RESOLUTION R-314919
Resolution ratifying an emergency contract, pursuant to San Diego Municipal Code section

22.3208(b), with HDR Engineering, Inc. in the amount of $1,761,205.00. The City Engineer declared an emergency based on the data that was collected by HDR indicating that coastal erosion caused risks associated with loss of the access road to the Point Loma Wastewater Treatment Plant within five years.
6 votes required pursuant to SDMC Section 22.3208(b)(2).

Subitem-C: (R-2023-723) ADOPTED AS RESOLUTION R-314920
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with HDR Engineering, Inc. for additional coastal erosion monitoring services in an amount not-to-exceed $1,502,467, and extend the term of the Agreement an additional 16 months, in connection with the Point Loma Wastewater Treatment Plant Coastal Erosion Monitoring Program Implementation project.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 27, 2023.

ACTION: Motion by Committee Member Campillo, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.

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

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, May 23, 2023
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Frank Ahn
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 101: Approve Project List and Four Slurry Seal Contracts to be Funded by the Fiscal Year 2024 Road Maintenance and Rehabilitation Account (RMRA) Funds.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the use of $34,125,003 from the Road Maintenance & Rehabilitation Fund, and $4,371,400 from the TransNet Fund, to fund Slurry Seal Group 2421, Slurry Seal Group 2422, Slurry Seal Group 2423, and Slurry Seal Group 2424 contingent upon the adoption of the Fiscal Year 2024 Appropriation Ordinance.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-712) ADOPTED AS RESOLUTION R-314921
Resolution determining that the projects to be funded by Fiscal Year 2024 Road Maintenance and Rehabilitation Account funds are categorically exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines.

Subitem-B: (R-2023-711) ADOPTED AS RESOLUTION R-314922
Resolution approving the City's Fiscal Year 2024 Road Maintenance and Rehabilitation Account citywide project list and authorizing the Mayor, or his designee, to award, execute, and expend Road Maintenance and Rehabilitation Account and TransNet funds in an amount not-to-exceed $38,496,403, for Slurry Seal Group Projects 2421, 2422, 2423, and 2424.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, May 23, 2023
This item was heard at the Active Transportation and Infrastructure Committee meeting on April 26, 2023.

ACTION: Motion by Chair Lee, 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.

Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 102: Pure Water Capital Improvement Budget - Increase Pure Water Phase 2 Budget, and Award of Construction Contract to J.R. Filanc Construction Company, Inc. for Pure Water Program Central Area Small-Scale Facility (K-23-2119-DBB-3-C).

Total Estimated Cost of Proposed Action and Funding Source:

This project will be funded by the Water Utility CIP and Metro Sewer CIP.

Council District(s) Affected: 2.

Proposed Actions:
(R-2023-676) ADOPTED AS RESOLUTION R-314923
Resolution approving a construction contract with J.R. Filanc Construction Company, Inc. for the Pure Water Program Central Area Small-Scale Facility and related funding actions.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 27, 2023.

ACTION: Motion by Committee Member Campillo, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, May 23, 2023
VOTE: 3-0; LaCava-yea, Campbell-yea, Campillo-yea, von Wilpert-not present.

Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 103: Pure Water Capital Improvement Budget - Addition of S-23012.

Total Estimated Cost of Proposed Action and Funding Source:

This action increases the Capital Improvements Program Budget by $200,000 from Water Utility CIP Fund.

Council District(s) Affected: 5.

Proposed Actions:
(R-2023-657) ADOPTED AS RESOLUTION R-314924
Resolution Approving the Addition of Miramar Water Treatment Plant Residuals Redirection to the Capital Improvements Program and Related Actions.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 27, 2023.

ACTION: Motion by Committee Member Campillo, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.

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

Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, May 23, 2023
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 104: Appointment and Reappointment to the San Diego Housing Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 5, 7.

Proposed Actions:
(R-2023-727) ADOPTED AS RESOLUTION R-314925
Resolution confirming the Mayor’s appointment of Antoine Pierre Jackson for a term ending January 2, 2024, and reappointment of Melinda Vasquez for a term ending January 2, 2027, to the San Diego Housing Commission.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, May 23, 2023
Item 105: Appointment and Reappointments to the Board of Library Commissioners.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 3, 4, 5, 6, 7.

Proposed Actions:
(R-2023-726) ADOPTED AS RESOLUTION R-314926
Resolution confirming the Mayor’s appointment of Patricia Williams Bevelyn and reappointments of Shawna Hook-Held and Ben Moraga for terms ending March 1, 2024, and reappointments of Linda Caballero Sotelo and Dr. Wendy Ranck-Buhr for terms ending March 1, 2025, to the Board of Library Commissioners.

Passed by the following vote:

Item 106: Appointments to the Mission Bay 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: 1.

Proposed Actions:
(R-2023-703) ADOPTED AS RESOLUTION R-314927
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, May 23, 2023
Resolution confirming the Mayor's appointment of Cynthia Adams and Chuck Dunning to the Mission Bay Park Committee for terms ending June 30, 2024.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 107: Reappointments to the San Diego City Employees Retirement System Board of Administration.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1.

Proposed Actions:
(R-2023-702) ADOPTED AS RESOLUTION R-314928
Resolution confirming the Mayor's reappointment of Paul Kaufmann and Clifford Schireson to the San Diego City Employees' Retirement System Board of Administration for terms ending March 31, 2027.

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, May 23, 2023
Passed by the following vote:

Item 330: City of San Diego Crime Briefing: January – December 2022 Index Crimes.

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

Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Police: Jordan Fankhauser, (619) 531-2705
COUNCIL ACTION: Start Time: 3:11 PM
Item 331: Adoption of Resolution of Necessity to Commence Eminent Domain Process to Acquire Property Owner’s Intangible Easement of Access to Normal Street for the City of San Diego’s Normal Street Promenade Project, CIP Project B-19096.

Total Estimated Cost of Proposed Action and Funding Source:

Chief Financial Officer to deposit, as necessary, the probable amount of compensation for the property interests to be acquired into the State Treasury Condemnation Fund as required under eminent domain law from the Normal Street Promenade Project.

Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2023-732 Cor. Copy) ADOPTED AS RESOLUTION R-314929 Resolution determining that the Adoption of a Resolution of Necessity to acquire the property owner’s Easement of Access to close a driveway abutting Normal Street is categorically exempt Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, May 23, 2023
from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land) and 15305 (Minor Alterations to Land Use Limitations) and that no exceptions to the exemptions apply. Direct that the City Clerk file the Notice of Exemption with the Clerk of the County Board of Supervisors.

Subitem-B: (R-2023-728) ADOPTED AS RESOLUTION R-314930
Resolution of Necessity to acquire property interests deemed necessary for the Normal Street Promenade Project. Adopt by a two-thirds vote the Resolution of Necessity R-2023-728 authorizing the City Attorney's office to commence an eminent domain action to acquire the property owner's intangible easement of access to Normal Street.

Subitem-B: 6 votes required pursuant to Code of Civil Procedure Section 1245.240.

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

Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Brenda Chilvers, (619) 236-6062 City Attorney Contact: Jenny K. Goodman
COUNCIL ACTION: Start Time: 2:03 PM
Public testimony by Blake Anderson, Samantha Schwimmer, Sharon Gehl, Michael Meacham, Ben Nicholls, Trent St. Louis, Michael Donovan, Gerrie Trussell, Byron Ross, Ryan Bedrosian, Peter Raymond, Jen LaBarbera, Gail Friedt, Jeremy Bloom, Patric Stillman, Zach Thompson, Lori Saldaña, Michael Trimble, and Miah.

MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Raul A. Campillo.

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).

Item 332: Project No. 673818 – BDM Mixed Use Project.

Total Estimated Cost of Proposed Action and Funding Source:

None with this action. All costs associated with the processing of this application are recovered through a deposit account funded by the applicant.

Council District(s) Affected: 8.

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, May 23, 2023
Proposed Actions:

The following five action items are for the BDM Mixed-Use Project – Project no. 673818, located south of Otay Mesa Road, east of Emerald Crest Court, southwest of Corporate Center Drive, and north of State Route 905 (APN no. 645-410-0300 to 645-410-0900), within the Otay Mesa Community Plan Area, in the City of San Diego, California:

Subitem-A: (R-2023-706) ADOPTED AS RESOLUTION R-314931
Resolution adopting addendum no. 673818 to Program Environmental Impact Report Project no. 30330/304032/sch no. 2004651076 and the Mitigation, Monitoring, and Reporting Program.

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

Subitem-B: (O-2023-152) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 6, 2023 Introduction of an Ordinance rezoning 13.44 acres located south of Otay Mesa Road, east of Emerald Crest Court, southwest of Corporate Center Drive, and north of State Route 905 (APN no. 645-410-0300 to 645-410-0900), within the Otay Mesa Community Plan Area, in the City of San Diego, California, from the CC-2-3 (community commercial) zone into the CC-3-6 (community commercial) zone as defined by San Diego Municipal Code section 131.0507 and repealing Ordinance no. O-21589 (new series), adopted Dec. 6, 2022 , of the ordinances of the City of San Diego insofar as the same conflicts herewith.

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

Subitem-C: (R-2023-707 COR. COPY) ADOPTED AS RESOLUTION R-314932 Resolution adopting an amendment to the 2014 Otay Mesa Community Plan to redesignate a

13.44-acre site from Community Commercial-Residential Prohibited to Community CommercialResidential Permitted in the Otay Mesa community.

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

Subitem-D: (R-2023-708 COR. COPY) ADOPTED AS RESOLUTION R-314933 Resolution granting Site Development Permit no. 2468436 and Neighborhood Development Permit no. 2576649 for the BDM mixed-use project – project no. 673818.

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

Subitem-E: (R-2023-709 COR. COPY) ADOPTED AS RESOLUTION R-314934 Resolution adopting findings for and approving Vesting Tentative Map no. 2468440, Public Rightof-Way Vacation no. 2468433, and Public Service Easement Vacation no. 2610071 all related to BDM Mixed Use Project - Project no. 673818.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, May 23, 2023
Subitem-E is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Xavier Del Valle, (619) 557-7941
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 3:50 PM
Public testimony by Michael Shoemaker and Joy Sunyata.

MOTION BY VIVIAN MORENO TO ADOPT THE RESOLUTIONS IN SUBITEMS A, C, D, E; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Joe LaCava.

Passed by the following vote:

Item 333: An Appeal to the Environmental Determination Made for the Mullen Residence - Accessory Dwelling Unit Project.

Total Estimated Cost of Proposed Action and Funding Source:

The project holds a deposit account which covers public noticing, project and environmental review and the public hearing.

Council District(s) Affected: 2.

Proposed Actions:
(R-2023-773) DENIED THE APPEAL AND APPROVED THE ENVIRONMENTAL DETERMINATION; ADOPTED AS RESOLUTION R-314935
An appeal of the environmental determination made for the Mullen Residence - Accessory Dwelling Unit project. The Environmental Analysis Section of the Development Services Department determined that the Coastal Development Permit, for the Mullen Residence is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures). The Coastal Development Permit (Process 3) proposes the demolition of an existing detached garage at an existing singlefamily residence and construction of a new 1,200-square-foot, two-story accessory dwelling unit with attached garage and second floor. The 0.08-acre site is located at 4953 Coronado Avenue Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, May 23, 2023
in the RM-2-4 Zone and Coastal Overlay Zone (appealable area) within the Ocean Beach Community Plan area. The scope of the subject hearing only includes the project’s environmental determination and not the Coastal Development Permit entitlements.

According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal and approve the environmental determination to categorically exempt from CEQA the subject Coastal Development Permit pursuant to CEQA Guidelines section 15303; or
(2) By a majority vote, grant the appeal and set aside the environmental determination, in accordance with San Diego Municipal Code Section 112.0520(f).

Directing the City Attorney to prepare the appropriate Resolution(s) according to Section 40 of the City Charter.

If the City Council grants the appeal, the lower-decision maker's decision to approve the project shall be held in abeyance. The City Council shall retain jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.

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

Committee Actions Taken: N/A
Development Services: Veronica Davison, (619) 446-5462
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 3:57 PM
Public testimony by Bruce Babcock and Lori Saldaña.

MOTION BY JENNIFER CAMPBELL TO ADOPT THE RESOLUTION DENYING THE APPEAL AND

APPROVING THE ENVIRONMENTAL DETERMINATION TO CATEGORICALLY EXEMPT FROM

CEQA THE SUBJECT COASTAL DEVELOPMENT PERMIT PURSUANT TO CEQA GUIDELINES SECTION 15303. Second by Raul A. Campillo.

Passed by the following vote:

Item 334: FY2024 Business Improvement District Budgets - Annual Appropriation Process.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, May 23, 2023
Total Estimated Cost of Proposed Action and Funding Source:

The City does not plan to retain any of the assessments and undertakes the associated administration with existing budgeted staff. All of the anticipated BID assessments are remitted to the BID funds and therefore, there is no net fiscal impact to the general fund. Please see the included City Attorney memo from April 2014 about risks associated with the levy of BID assessments and Prop 26.

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

Proposed Actions:
(R-2023-530) ADOPTED AS RESOLUTION R-314936
Resolution confirming the Fiscal Year 2024 budget reports for and levying annual assessments in specified parking and business improvement areas.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on March 8, 2023.

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

VOTE: 3-0; Campillo-yea, Montgomery Steppe-yea, Lee-yea Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 4:39 PM
Public testimony by Sunny Lee, Ben Nicholls, and Lori Saldaña.

MOTION BY JOE LACAVA TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

NOTE: The following Ceremonial item was presented in Council Chambers.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, May 23, 2023
Item S500: Eric Dargan as one of the American Public Works Association (APWA) Top Ten Public Works Leaders.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LEE'S RECOMMENDATION:

ITEM PRESENTED
Honoring Eric Dargan with one of the Top Ten Public Works Leaders Award by the American Public Works Association.

COUNCIL ACTION: Start Time: 11:00 AM
Item S501: This item was removed from the Agenda.

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

Item S502: Congenital Disorders of Glycosylation (CDG) Awareness Day.

COUNCILMEMBER WHITBURN AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming May 16, 2023, to be Congenital Disorders of Glycosylation (CDG) Awareness Day in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item S503: Haitian Flag Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, May 23, 2023
Proclaiming May 18, 2023, to be “Haitian Flag Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item S504: Eloise Battle Day.

COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming June 3, 2023, to be “Eloise Battle Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item S505: Lincoln High School Football Day.

MAYOR GLORIA AND COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming May 27, 2023, to be “Lincoln High School Football Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, May 23, 2023
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item S506: Martha Zapata Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming June 2, 2023, to be “Martha Zapata Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:24 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Kent Lee.

Passed by the following vote:

NOTE: The following Ceremonial item was presented in Council Chambers.

Item S507: The Key to the City of San Diego is Presented to the Lincoln High School Varsity Football Team.

MAYOR GLORIA AND COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

ITEM PRESENTED
The Key to the City of San Diego is Presented to the Lincoln High School Varsity Football Team.

COUNCIL ACTION: Start Time: 11:09 AM
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, May 23, 2023

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:54 p.m.

COUNCIL ACTION: Start Time: 4:54 PM

San Diego City CouncilMay 23, 2023

San Diego City Council
May 23, 2023