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Annotated agenda

San Diego City Council
June 6, 2023

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Annotated agenda
Meeting
June 6, 2023
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San Diego City Council
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CITY COUNCIL MEETING RESULTS SUMMARY
DATE: TUESDAY, JUNE 6, 2023, COUNCIL MEETING RECORDER: PATTERSON/HILARIO This is a summary of the actions taken by the City Council. It is NOT equivalent to the Minutes which, when approved by the City Council, constitute the official record of the meeting.

R 314937 ITEM
NO. ACTIONS
O 21650
Motion
/
Second
VOTE
S509
Special Orders of Business
Approved
Placing the Proposed Fiscal Year 2024
Affordable Housing Fund Annual Plan
on the Adoption Agenda for 06/12/2023
1/9 Unanimous; 8-not present
Approved
Approving the City Council Minutes of:
04/24/2023-Adj.; 04/24/2023-Special;
04/25/2023; 05/01/2023-Adj.;
05/02/2023-Adj.; 05/08/2023-Adj.;
05/09/2023-Adj.; 05/10/2023
2/4 Unanimous; 8-not present
30 Approved
Proclaiming June 7th, 2023, “Liberty
Station Centennial and USS Recruit
Celebration”
5/2 Unanimous; 8-not present
31 Approved
Proclaiming June 2, 2023, to be
“National Gun Violence Awareness Day”
5/2 Unanimous; 8-not present
50a Introduced (O-2023-165)
Amending the MOU with the SDMEA
regarding post-employment health
benefits for eligible employees
(NOTE: 6 votes required)
I 3/1 Unanimous; 8-not present
50b Introduced (O-2023-161)
Amending the MOU with the American
Federation of State, County, and
Municipal Employees, Local 127
regarding post-employment health
benefits for eligible employees
(NOTE: 6 votes required)
I 3/1 Unanimous; 8-not present
50c Introduced (O-2023-164)
Amending the MOU with the DCAA
regarding post-employment health
benefits for eligible employees
(NOTE: 6 votes required)
I 3/1 Unanimous; 8-not present
50d Introduced (O-2023-163 Cor. Copy)
Amending the MOU with the SDPOA
regarding post-employment health
benefits for eligible employees
(NOTE: 6 votes required)
I 3/1 Unanimous; 8-not present
50e Introduced (O-2023-162) I 3/1 Unanimous; 8-not present Amending the MOU with the San Diego
Firefighters, I.A.F.F. Local 145 regarding
post-employment health benefits for
eligible employees
(NOTE: 6 votes required)
51 Introduced (O-2023-166)
Authorizing Amendment No. 1 to the
Contract with Dudek (H176881) for the
professional environmental consulting
and engineering services for the Mission
Bay Park Improvements Program EIR
(NOTE: 6 votes required)
I 3/1 Unanimous; 8-not present
52 Adopted (O-2023-151)
Authorizing Amendment No. 2 to the
Contract with RRM Design Group in
connection with the Fairmount Avenue
Fire Station Design and Fire Station
Design Standardization project
(NOTE: 6 votes required)
O 21650 3/1 Unanimous; 8-not present
53 Adopted (O-2023-149)
Approving the transfer of the Class I
Non-Exclusive Franchise for Solid Waste
Management Services from John Smith
Earthworks, Inc. to Universal Waste
Systems, Inc., and authorizing the
franchise agreement
(NOTE: 6 votes required)
O 21651 3/1 Unanimous; 8-not present
54 Adopted (O-2023-150)
Authorizing Amendment No. 1 to the
Contract with Labworks LLC to provide a
Laboratory Information Management
System.
(NOTE: 6 votes required)
O 21652 3/1 Unanimous; 8-not present
55 Adopted (O-2023-129)
Authorizing the Second Amendment to
the Agreement with Atoll Ventures dba
Ocean Imaging Corp. for the Coastal
Remote Sensing Special Study of the
Point Loma Ocean Outfall and South
Bay Ocean Outfall Regions
(NOTE: 6 votes required)
O 21653 3/1 Unanimous; 8-not present
56 Adopted (O-2023-144)
Authorizing the First Amendment to the
Legal Services Agreement with Wood
Smith Henning & Berman LLP to provide
continued legal services
(NOTE: 6 votes required)
O 21654 3/1 Unanimous; 8-not present
57 Adopted (O-2023-138) O 21655 3/1 Unanimous; 8-not present Amending Chapter 12, Article 6, Division
7 of the SDMC related to accepting the
California Coastal Commission's
modifications required for certification
of the Spaces As Places Program and
code update to the Land Development
Code and Local Coastal Program
58 Adopted (O-2023-154)
Authorizing the exemption of one
Program Coordinator position, in the
City's Special Events and Filming
Department from the Classified Service
O 21656 3/1 Unanimous; 8-not present
59 Adopted (O-2023-153)
Authorizing Amendment No. 1 to the
Contract with Luth & Turley, in
connection with the As-Needed
Remediation and Clean-Up Services
from City’s Water Main Breaks and
Sewer Backups project
(NOTE: 6 votes required)
O 21657 3/1 Unanimous; 8-not present
60 Adopted (O-2023-152)
Rezoning 13.44 acres located within the
Otay Mesa Community Plan Area, from
the CC-2-3 into the CC-3-6 zone; and
repealing Ordinance No. O-21589 (NS)
(NOTE: Not subject to Mayor’s veto)
O 21658 3/1 Unanimous; 8-not present
61a Adopted (R-2023-750 Cor. Copy)
Declaring an exemption from CEQA for
the authorization of the execution of the
Joint Use Agreements with the SDUSD
for Clark Middle School, Edison
Elementary School, Emerson Elementary
School, Jefferson Elementary School,
Ocean Beach Elementary School, and
Pershing Middle School
R 314937 3/1 Unanimous; 8-not present
61b Introduced (O-2023-156)
Authorizing Joint Use Agreements with
the SDUSD for Clark Middle School,
Edison Elementary School, Emerson
Elementary School, Jefferson Elementary
School, Ocean Beach Elementary School,
and Pershing Middle School
(NOTE: 6 votes required)
I 3/1 Unanimous; 8-not present
62 This item is now Item S508
63a Introduced (O-2023-168)
Amending the SDMC relating to
revisions to the Elections Code
I 3/1 Unanimous; 8-not present
63b Adopted (R-2023-534) R 314938 3/1 Unanimous; 8-not present Amending the City of San Diego Clerk
Administrative Guidelines to identify
Diana Fuentes as Interim City Clerk,
reflect gender-neutral pronouns, and
address recall petitions and
typographical errors
100 Adopted (R-2023-751)
Authorizing an Agreement with Chen
Ryan Associates, Inc. for as-needed
engineering support services
R 314939 3/1 Unanimous; 8-not present
101 Adopted (R-2023-752)
Authorizing an Agreement with Wood
Rodgers, Inc. for as-needed engineering
support services
R 314940 3/1 Unanimous; 8-not present
102 Adopted (R-2023-747)
Approving the job classifications in the
City of San Diego that are eligible for
overtime compensation in FY 2024
R 314941 3/1 Unanimous; 8-not present
103 Adopted (R-2023-759)
Approving the classifications as
appropriately assigned to employee
representation units, for FY 2024
R 314942 3/1 Unanimous; 8-not present
104a Adopted (R-2023-762)
Approving and ratifying a Side Letter
Agreement with the SDPOA related to
the payment of interest to the SDCER’s
(NOTE: 6 votes required)
R 314943 3/1 Unanimous; 8-not present
104b Adopted (R-2023-761)
Approving and ratifying a Side Letter
Agreement with the City Firefighters,
I.A.F.F. Local 145 related to the payment
of interest to the SDCER’s
(NOTE: 6 votes required)
R 314944 3/1 Unanimous; 8-not present
105a Adopted (R-2023-753)
Approving a Side Letter Agreement with
the SDPOA, to add Article 77 to the
MOU related to Paid Sick Leave for
Hourly Employees
(NOTE: 6 votes required)
R 314945 3/1 Unanimous; 8-not present
105b Adopted (R-2023-754)
Approving a Side Letter Agreement with
the City Firefighters, International
Association of Firefighters, Local 145, to
amend Article 28 of the MOU related to
Paid Sick Leave for Hourly Employees
(NOTE: 6 votes required)
R 314946 3/1 Unanimous; 8-not present
105c Adopted (R-2023-756)
Approving a Side Letter Agreement with
the California Teamsters Local 911, to
R 314947 3/1 Unanimous; 8-not present
amend Article 80 of the MOU related to
Paid Sick Leave for Hourly Employees
(NOTE: 6 votes required)
106a Adopted (R-2023-718)
Approving a Side Letter Agreement with
the SDPOA, to amend Article 49 of the
MOU related to free MTS transit passes
(NOTE: 6 votes required)
R 314948 3/1 Unanimous; 8-not present
106b Adopted (R-2023-719)
Approving a Side Letter Agreement with
the City Firefighters, International
Association of Firefighters, Local 145, to
amend Article 45 of the MOU related to
free MTS transit passes
(NOTE: 6 votes required)
R 314949 3/1 Unanimous; 8-not present
106c Adopted (R-2023-720)
Approving a Side Letter Agreement with
the California Teamsters Local 911, to
amend Article 51 of the MOU related to
free MTS transit passes
(NOTE: 6 votes required)
R 314950 3/1 Unanimous; 8-not present
106d Adopted (R-2023-721)
Offering free MTS transit passes to
unrepresented employees and
volunteers of the City
(NOTE: 6 votes required)
R 314951 3/1 Unanimous; 8-not present
107a Adopted (R-2023-641)
Approving a Side Letter Agreement with
the SDPOA, to amend Article 69 of the
MOU related to Bereavement Leave
(NOTE: 6 votes required)
R 314952 3/1 Unanimous; 8-not present
107b Adopted (R-2023-642)
Approving a Side Letter Agreement with
City Firefighters, International
Association of Firefighters, Local 145, to
amend Article 45 of the MOU related to
Bereavement Leave
(NOTE: 6 votes required)
R 314953 3/1 Unanimous; 8-not present
107c Adopted (R-2023-643)
Approving a Side Letter Agreement with
the California Teamsters Local 911, to
amend Article 76 of the MOU related to
Bereavement Leave
(NOTE: 6 votes required)
R 314954 3/1 Unanimous; 8-not present
107d Adopted (R-2023-644)
Expanding Bereavement Leave for
unrepresented employees of the City
R 314955 3/1 Unanimous; 8-not present
108a Returned to Staff (R-2023-767)
Approving a Side Letter Agreement with
DCAA related to Parental Leave and
Long-Term Disability benefits
108b Returned to Staff (R-2023-765)
Approving a Side Letter Agreement with
Local 127 related to Parental Leave and
Long-Term Disability benefits
108c Returned to Staff (R-2023-768)
Approving a Side Letter Agreement with
Local 145 related to Parental Leave and
Long-Term Disability benefits
(NOTE: 6 votes required)
108d Returned to Staff (R-2023-769)
Approving a Side Letter Agreement with
Local 911 related to Parental Leave and
Long-Term Disability benefits
108e Returned to Staff (R-2023-764)
Approving a Side Letter Agreement with
MEA related to Parental Leave and
Long-Term Disability benefits
108f Returned to Staff (R-2023-766)
Approving a Side Letter Agreement with
POA related to Parental Leave and
Long-Term Disability benefits
108g Returned to Staff (R-2023-770)
Approving the expansion of Parental
Leave and Long-Term Disability benefits
to unrepresented employees
109a Noted and Filed (R-2023-746)
Approving and ratifying an agreement
with the DCAA related to a proposed
measure to amend the City Charter to
establish a process for the retention and
use of independent legal counsel for the
Office of the City Auditor and Audit
Committee
3/1 1469-yea; 2357-nay; 8-not present
109b Noted and Filed (R-2023-745)
Approving and ratifying an agreement
with the SDMEA related to a proposed
measure to amend the City Charter to
establish a process for the retention and
use of independent legal counsel for the
Office of the City Auditor and Audit
Committee
3/1 1469-yea; 2357-nay; 8-not present
110 Adopted (R-2023-616)
Authorizing the settlement with Melinda
Moore related to a claim for personal
injuries
R 314956 3/1 Unanimous; 8-not present
111 Adopted (R-2023-741) R 314957 3/1 Unanimous; 8-not present Confirming the appointment of Lon
Chhay to the Commission on Gang
Prevention and Intervention
112 Adopted (R-2023-774)
Appointing Quinton Grounds as an
alternate to the San Dieguito River
Valley Regional Open Space Park Board
R 314958 3/1 Unanimous; 8-not present
S500 Adopted (R-2023-780)
Approving an amendment to the SelfFunded Employees' Long-Term Disability Income Plan
R 314959 3/1 Unanimous; 8-not present
S501 Adopted (R-2023-779)
Entering into a five-year Agreement with
the San Diego Metropolitan Transit
System to provide transit passes to the
City of San Diego's workforce
R 314960 3/1 Unanimous; 8-not present
S502 Adopted (R-2023-786)
Adopting an amended Flexible Benefits
Plan for Fiscal Year 2024 and
establishing flexible benefit allotments
R 314961 3/1 Unanimous; 8-not present
S507 Adopted (R-2023-743)
Approving the Second Amendment to
Agreement for Behavioral Health
Services with the County
R 314962 3/1 Unanimous; 8-not present
330 Introduced (O-2023-147)
Authorizing the Fourth Amendment to
the legal services agreement with
Meyers Nave Riback Silver & Wilson for
continued legal services in connection
with the ongoing litigation and appeals
related to the utility relocation dispute
with SDG&E, the reservoir spill lawsuit
with Dr. Mehran Moussavian, and
various other legal matters
I 1/3 Unanimous; 8-not present
331 Adopted (R-2023-760)
Approving the Annual Report submitted
in connection with the Downtown PBID
for FY 2024
R 314965 3/2 Unanimous; 18-not present
332 Adopted (R-2023-758)
Approving the FY 2024 Report of
Activities for the Tourism Marketing
District
R 314966 7/3 Unanimous; 18-not present
333 Adopted (R-2023-653 Rev.)
Authorizing the First Amendment to the
contract with the Law Firm to increase
the total amount of time under the
contract
R 314963 1/5 Unanimous; 8-not present
334a Adopted (R-2023-525) R 314967 3/7 2345679-yea; 1-nay; 8-not present Declaring an exemption from CEQA for
the authorization of a Corporate
Partnership Agreement among the City,
Downtown San Diego Partnership, Inc.,
and Ike Smart City, LLC related to a
digital wayfinding system
(Note: This item is coming back to
Council on 07/17/2023, as Item 200A,
R-2023-844.)
334b Introduced as Amended by
Interlineation (O-2023-136 REV.)
Approving a Corporate Partnership
Agreement among the City, Downtown
San Diego Partnership, Inc., and Ike
Smart City, LLC for the Financing,
Implementation, Management, and
Operation of a Digital Wayfinding
System with City Marketing Rights and
Benefits
(Note: This item is coming back to
Council on 07/17/2023, as Item 200B,
O-2023-208.)
I 3/7 Motion to revise Section 8 to read,
“This Ordinance shall take effect and
be in force on the thirtieth day from
and after its final passage, contingent
upon final passage of an exemption
from the requirements in the
Gaslamp Quarter Planned District
Design Guidelines related to multimedia signage or displays.” 2345679-yea; 1-nay; 8-not present
S503 Introduced (O-2023-173 COR. COPY)
Amending certain sections of the
FY2024 Salary Ordinance to conform to
negotiated and approved Agreements
with its Recognized employee
Organizations and to extend
comparable compensation to
unrepresented employees for FY 2024
I 4/9 Unanimous; 8-not present
S504 Adopted with Direction (R-2023-777)
Accepting and approving the Total
Package Tentative Agreement and
approving the MOU with the DCAA of
San Diego regarding terms and
conditions of employment for FY 2024 -
FY 2026
(NOTE: 6 votes required)
R 314968 5/1 Direction to amend the Total
Package Tentative Agreement to
strike Item 9 from the Last Best Final
Offer dated May 17, 2023, with
DCAA, and approve the balance and
approve the MOU.

Unanimous; 8-not present
S505 Adopted (R-2023-667)
Accepting and approving the Total
Package Tentative Agreement and
approving the MOU with the American
Federation of State, County and
Municipal Employees, ALF-CIO, Local
127 regarding terms and conditions of
employment for FY 2024 - FY 2026
(NOTE: 6 votes required)
R 314969 5/1 Unanimous; 8-not present
S506 Adopted with Direction (R-2023-665) R 314970 5/1 Direction to amend the Total Package Tentative Agreement to
Accepting and approving the Total
Package Tentative Agreement and
approving the MOU with the SDMEA
regarding terms and conditions of
employment for FY 2024 - FY 2026
(NOTE: 6 votes required)
strike Item 33 dated March 13, 2023,
with MEA, and approve the balance
and approve the MOU.

Unanimous; 8-not present
S508a Adopted (R-2023-755)
Declaring an exemption from CEQA for
the application for and acceptance of
the Floating Restroom asset
R 314964 5/2 Unanimous; 8-not present
S508b Introduced (O-2023-160)
Approving the City’s grant application
and acceptance of Floating Restroom
asset from the California Department of
Parks and Recreation, Division of
Boating and Waterways
(NOTE: 6 votes required)
5/2 Unanimous; 8-not present
QUIT Q
*COMMENTS
Non-Agenda Public Comment:

PC-1: Debbie Peterson commented on cannabis licensing.

PC-2: Daryl Cotton commented on cannabis licensing.

PC-3: Amy Sherlock commented on cannabis licensing.

PC-4: Joe Hurtado commented on cannabis licensing.

PC-5: Michael Wolf Segal commented on corruption and civic duty regarding cannabis.

PC-6: Tracy Dezenzo commented on STVR ordinance.

PC-7: Tristan Hallman commented on San Diego County Fair.

PC-8 (virtual): Scott Chipman commented on marijuana equity program.

PC-9 (virtual): Barbara Gordon commented on education about marijuana products.

PC-10 (virtual): Blair Beekman commented on housing issues; and smart streetlights.

PC-11 (virtual): Lori Saldaña commented on public speaking.

PC-12 (virtual): Dan Smiechowski commented on 2nd amendment and the big picture.

PC-13 (virtual): TheOriginalDra commented on the war on drugs.

PC-14 (virtual): Diane Grace commented on cannabis tax.

PC-15 (virtual): Nancy Logan commented on Start Smart.

PC-16 (virtual): Peggy Walker commented on marijuana.

PC-17 (virtual): The Truth commented on the Code of Conduct.

PC-18 (virtual): Judi Strang commented on the proposed SEED Program.

PC-19 (virtual): Kathleen Lippitt commented on marijuana.

PC-20 (virtual): Becky Rapp commented on marijuana.

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

None.

Report Out from Closed Session:

None.

Council President Elo-Rivera adjourned the meeting at 5:45 p.m. in honor of the memory of:

Ms. Purisima “Puring” Labao as requested by Councilmember Lee.

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