Minutes — San Diego City Council, June 6, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JUNE 6, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................6 ATTENDANCE DURING THE MEETING...................................................................................6 ROLL CALL ..........................................................................................................................6 INVOCATION.......................................................................................................................7 PLEDGE OF ALLEGIANCE......................................................................................................7 NON-AGENDA PUBLIC COMMENT .........................................................................................7

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................11 SPECIAL ORDERS OF BUSINESS (See Item S509: Proposed Fiscal Year 2024 City of San Diego Affordable Housing Fund Annual Plan).................................................................................11 APPROVAL OF COUNCIL MINUTES ......................................................................................11 Item 30: Liberty Station Centennial and USS Recruit Celebration Day ...................................12 Item 31: National Gun Violence Awareness Day ..................................................................12 Item 50: Ordinances Amending the Memoranda of Understanding (MOU) between City of San Diego and Municipal Employees Association (MEA); American Federation of State, County and Municipal Employees, Local 127 (L127); Deputy City Attorneys Association of San Diego (DCAA); San Diego Police Officers Association (POA); and San Diego City Firefighters, I.A.F.F.

Local 145 (L145) regarding Post-Employment Health Benefits for Eligible Employees who were Hired Before July 1, 2005, and Retire After March 31, 2012, Striking Article 9 of the MOU (the “Me Too” Clause) and Extending the Term of the MOU by an Additional 15 Years...................13 Item 51: Amendment to Consultant Agreement with Dudek (H176881) to Provide Professional Environmental Consulting and Engineering Services to the City for the Mission Bay Park Improvements Program Environmental Impact Report (PEIR) ...............................................15 Minutes of Tuesday, June 6, 2023

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Table of Contents (Continued)
Item 52: Authorizing a Second Amendment to the Agreement between the City of San Diego and RRM Design Group for Fire Station Design Standardization (Contract No. H166574) for the Purpose of Providing an Environmental Impact Report (EIR) and Design Services for the Fairmount Avenue Fire Station, as well as Updates to the Fire Station Design Standardization Documents in Phase 3, Phase 4 and Phase 5 .......................................................................16 Item 53: Transfer of Non-Exclusive Solid Waste Collection Franchise ....................................17 Item 54: First Amendment to the Agreement with Labworks LLC for the Laboratory Information Management System (LIMS) - RFP 10084712-18-V...............................................................18 Item 55: Second Amendment to the Agreement with Atoll Ventures (DBA ‘Ocean Imaging’) for the Coastal Remote Sensing Special Study of The Point Loma Ocean Outfall (PLOO) and South Bay Ocean Outfall (SBOO) Regions......................................................................................20 Item 56: First Amendment to the Legal Services Agreement with Wood Smith Henning & Berman LLP to Provide Specialized Legal Services Related to the Former Naval Training Center (NTC) Boat Channel ...........................................................................................................21 Item 57: California Coastal Commission Suggested Modifications to the Spaces As Places Ordinance Amending the San Diego Municipal Code and Local Coastal Program .....................22 Item 58: Exemption of Program Coordinator Position in the Office of Special Events and Filming from Classified Service .......................................................................................................23 Item 59: 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..........................................24 Item 60: Project No. 673818 – BDM Mixed Use Project........................................................25 Item 61: Approval of the Joint Use Agreements between the City and SDUSD for Clark Middle, Edison Elementary, Emerson Elementary, Jefferson Elementary, Ocean Beach Elementary, and Pershing Middle Schools .....................................................................................................26 Item 62: This item is now Item S508..................................................................................28 Item 63: Amendments to the Elections Code and Related Amendments to the City Clerk Administrative Guidelines....................................................................................................28 Item 100: As-Needed Consultant Agreement with Chen Ryan Associates, Inc. to Provide the Transportation Department with Engineering Support Services..............................................29 Item 101: As-Needed Consultant Agreement with Wood Rodgers, Inc to Provide the Transportation Department with Engineering Support Services..............................................31 Minutes of Tuesday, June 6, 2023

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Table of Contents (Continued)
Item 102: Establishment of Overtime Eligibility ...................................................................32 Item 103: Adoption of Employee Representation Units for Fiscal Year 2024...........................32 Item 104: Resolutions Approving Side Letter Agreements between the City of San Diego and San Diego Police Officers Association, and City of San Diego and San Diego City Firefighters, I.A.F.F. Local 145, to Amend the Memoranda of Understanding Regarding the San Diego City Employees’ Retirement System (SDCERS) Interest Payment for Overpayment/Underpayment Due to Error by City or SDCERS, and to Extend the Same Benefit to Unrepresented Employees ........................................................................................................................................33 Item 105: Resolutions Approving Side Letter Agreements between the City of San Diego and San Diego Police Officers Association; San Diego City Firefighters, I.A.F.F. Local 145; and California Teamsters Local 911, to Amend the Memorandum Memoranda of Understanding Regarding Paid Sick Leave for Hourly Employees..................................................................35 Item 106: Resolutions Approving Side Letter Agreements between the City of San Diego and San Diego Police Officers Association; San Diego City Firefighters, I.A.F.F. Local 145; and California Teamsters Local 911, to Amend the Memoranda of Understanding Regarding Free San Diego Metropolitan Transit System (MTS) Transit Passes and Extending this Benefit to Unrepresented Employees and Volunteers ...........................................................................36 Item 107: Resolutions Approving Side Letter Agreements between the City of San Diego and San Diego Police Officers Association; San Diego City Firefighters, I.A.F.F. Local 145; and California Teamsters Local 911, to amend the Memoranda of Understanding Regarding Bereavement Leave and to Extend the Same Benefit to Unrepresented Employees .................37 Item 108: Resolutions Approving Agreements between the City of San Diego and its Recognized Employee Organizations to Increase the Parental Leave Benefit per the Amended Administrative Regulation 95.89 – Parental Leave and Amend the Long-Term Disability Income Plan Document Regarding Pregnancy-Related Disability, to Extend the Same Benefits to Unrepresented Employees, and to Amend Local 145’s Memorandum of Understanding, Article 28, to be Consistent with Administrative Regulation 95.89 – Parental Leave ...........................39 Item 109: Resolutions Approving Agreements between the City of San Diego and the Deputy City Attorneys Association and the City and the San Diego Municipal Employees Association Regarding a Proposed Amendment to the San Diego City Charter Authorizing Independent Legal Counsel for the Office of the City Auditor and Audit Committee .............................................40 Item 110: Settlement of Melinda Moore v. City of San Diego, San Diego Superior Court No. 37- 2022-00003971-CU-PO-CTL, Claim No. 28575......................................................................41 Item 111: Appointment to the Commission on Gang Prevention and Intervention..................42 Item 112: Appointment of an Alternate to San Dieguito River Valley Regional Open Space Park Board................................................................................................................................43 Minutes of Tuesday, June 6, 2023

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Table of Contents (Continued)
Item 330: Fourth Amendment to Agreement with Meyers Nave Riback Silver & Wilson to Provide Continued Legal Services as Outside Panel Counsel ..................................................44 Item 331: Fiscal Year 2024 Property and Business Improvement District Budget ...................45 Item 332: Approval of the Fiscal Year (FY) 2024 San Diego Tourism Marketing District Report of Activities........................................................................................................................46 Item 333: First Amendment to Agreement with Gordon Rees Scully Mansukhani, LLP to Provide Continued Legal Services as Panel Outside Counsel ..............................................................47 Item 334: Authorization of a Ten-Year Corporate Partnership Agreement Among the City of San Diego, Downtown San Diego Partnership, Inc. and IKE Smart City, LLC for a Digital Wayfinding System in Downtown San Diego, an Exemption from the City’s Prohibition Against Signs in the Right-of-Way and Off-Premises Messages, an Exemption from Certain Automatic Copy Regulations, an Exemption from Public Right-of-Way Permit Requirements, and Related Actions ........................................................................................................................................48 Item 350: Ballot Measure Calendar.....................................................................................50 Item S500: Resolution to Amend the Long-Term Disability Income Plan Regarding PregnancyRelated Disability ...............................................................................................................51 Item S501: Agreement with the San Diego Metropolitan Transit System to Provide Transit Passes to the City of San Diego’s Workforce.........................................................................52 Item S502: Adoption of the Amended Flexible Benefits Plan for Eligible Employees for Fiscal Year 2024 .........................................................................................................................53 Item S503: Amendment to Salary Ordinance for Fiscal Year 2024.........................................54 Item S504: A Resolution Approving the Tentative Agreements and the Memorandum of Understanding between the City of San Diego and the Deputy City Attorneys Association Regarding Terms and Conditions of Employment for Fiscal Years 2024 through 2026..............55 Item S505: Resolution Approving the Total Package Tentative Agreement and Successor Memorandum of Understanding between the City of San Diego and the American Federation of State, County, and Municipal Employees, AFL-CIO Local 127 Regarding Terms and Conditions of Employment for Fiscal Years 2024 through 2026 ..................................................................56 Item S506: Resolution Approving the Total Package Tentative Agreement and Successor Memorandum of Understanding between the City of San Diego and the San Diego Municipal Employees Association Regarding Terms and Conditions of Employment for Fiscal Years 2024 through 2026.....................................................................................................................57 Minutes of Tuesday, June 6, 2023

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Table of Contents (Continued)
Item S507: Second Amendment to Agreement for Behavioral Health Services with the County of San Diego......................................................................................................................58 Item S508: Acceptance of Floating Restroom from the California Department of Parks and Recreation, Division of Boating and Waterways ....................................................................59 REPORT OUT FROM CLOSED SESSION................................................................................60 ADJOURNMENT .................................................................................................................61 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, June 6, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. The meeting was recessed by Council President Elo-Rivera at 12:00 p.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:06 p.m. with Council President Pro Tem Montgomery Steppe, Councilmember Campillo, and Councilmember Moreno not present. Councilmember Campillo arrived to the meeting at 2:07 p.m. Council President Montgomery Steppe arrived to the meeting at 2:08 p.m. Council President Elo-Rivera recessed the meeting at 2:44 p.m. for the purpose of a break. The meeting was reconvened by Council President Elo-Rivera at 2:56 p.m. with Councilmember Moreno not present. Councilmember LaCava left the meeting at 4:50 p.m. The meeting was adjourned by Council President EloRivera at 5:45 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-9 Council President Sean Elo-Rivera
ABSENT:

CD-8 Councilmember Vivian Moreno
CITY CLERK:

Fuentes (cp/mrh)

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, June 6, 2023
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present

INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Debbie Peterson commented on cannabis licensing.

COUNCIL ACTION: Start Time: 11:39 AM
PUBLIC COMMENT-2:

Daryl Cotton commented on cannabis licensing.

COUNCIL ACTION: Start Time: 11:41 AM
PUBLIC COMMENT-3:

Amy Sherlock commented on cannabis licensing.

COUNCIL ACTION: Start Time: 11:43 AM
PUBLIC COMMENT-4:

Joe Hurtado commented on cannabis licensing.

COUNCIL ACTION: Start Time: 11:46 AM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, June 6, 2023
PUBLIC COMMENT-5:

Michael Wolf Segal commented on corruption and civic duty regarding cannabis.

COUNCIL ACTION: Start Time: 11:48 AM
PUBLIC COMMENT-6:

Tracy Dezenzo commented on Short Term Vacation Rental ordinance.

COUNCIL ACTION: Start Time: 11:49 AM
PUBLIC COMMENT-7:

Tristan Hallman commented on San Diego County Fair.

COUNCIL ACTION: Start Time: 11:51 AM
PUBLIC COMMENT-8 (virtual):

Scott Chipman commented on the marijuana equity program.

COUNCIL ACTION: Start Time: 11:54 AM
PUBLIC COMMENT-9 (virtual):

Barbara Gordon commented on education about marijuana products.

COUNCIL ACTION: Start Time: 11:56 AM
PUBLIC COMMENT-10 (virtual):

Blair Beekman commented on housing issues; and smart streetlights.

COUNCIL ACTION: Start Time: 11:58 AM
PUBLIC COMMENT-11 (virtual):

Lori Saldaña commented on public speaking.

COUNCIL ACTION: Start Time: 5:21 PM
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, June 6, 2023
PUBLIC COMMENT-12 (virtual):

Dan Smiechowski commented on the 2nd amendment and the big picture.

COUNCIL ACTION: Start Time: 5:23 PM
PUBLIC COMMENT-13 (virtual):

Audra commented on the war on drugs.

COUNCIL ACTION: Start Time: 5:26 PM
PUBLIC COMMENT-14 (virtual):

Diane Grace commented on cannabis tax.

COUNCIL ACTION: Start Time: 5:28 PM
PUBLIC COMMENT-15 (virtual):

Nancy Logan commented on Start Smart.

COUNCIL ACTION: Start Time: 5:30 PM
PUBLIC COMMENT-16 (virtual):

Peggy Walker commented on marijuana.

COUNCIL ACTION: Start Time: 5:32 PM
PUBLIC COMMENT-17 (virtual):

The Truth commented on the Code of Conduct.

COUNCIL ACTION: Start Time: 5:34 PM
PUBLIC COMMENT-18 (virtual):

Judi Strang commented on the proposed SEED Program.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, June 6, 2023
COUNCIL ACTION: Start Time: 5:36 PM
PUBLIC COMMENT-19 (virtual):

Kathleen Lippitt commented on marijuana.

COUNCIL ACTION: Start Time: 5:39 PM
PUBLIC COMMENT-20 (virtual):

Becky Rapp commented on marijuana.

COUNCIL ACTION: Start Time: 5:41 PM

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

SPECIAL ORDERS OF BUSINESS (See Item S509: Proposed Fiscal Year 2024 City of San Diego Affordable Housing Fund Annual Plan.)

APPROVAL OF COUNCIL MINUTES

APPROVED
4/24/2023 Adjourned
4/24/2023 Special
4/25/2023
5/1/2023 Adjourned
5/2/2023 Adjourned
5/8/2023 Adjourned
5/9/2023 Adjourned
5/10/2023
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Monica Montgomery Steppe.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, June 6, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

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

Item 30: Liberty Station Centennial and USS Recruit Celebration Day.

MAYOR GLORIA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming June 7th, 2023, “Liberty Station Centennial and USS Recruit Celebration” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:31 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 31: National Gun Violence Awareness Day.

COUNCILMEMBER VON WILPERT AND CITY ATTORNEY ELLIOTT'S RECOMMENDATION:

APPROVED
Proclaiming June 2, 2023, to be “National Gun Violence Awareness Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:31 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, June 6, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 50: Ordinances Amending the Memoranda of Understanding (MOU) between City of San Diego and Municipal Employees Association (MEA); American Federation of State, County and Municipal Employees, Local 127 (L127); Deputy City Attorneys Association of San Diego (DCAA); San Diego Police Officers Association (POA); and San Diego City Firefighters, I.A.F.F. Local 145 (L145) regarding Post-Employment Health Benefits for Eligible Employees who were Hired Before July 1, 2005, and Retire After March 31, 2012, Striking Article 9 of the MOU (the “Me Too” Clause) and Extending the Term of the MOU by an Additional 15 Years.

Total Estimated Cost of Proposed Action and Funding Source:

There is no known fiscal impact as a result of this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2023-165) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance amending the Memorandum of Understanding between the City of San Diego and the San Diego Municipal Employees' Association regarding post-employment health benefits for eligible employees who were hired before July 1, 2005, and retire after March 31, 2012, striking Article 9 and extending the term to 15 years.

Subitem-A: 6 votes required pursuant to Charter Section 11.2.

Subitem-B: (O-2023-161) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance amending the Memorandum of Understanding between the City of San Diego and the American Federation of State, County, and Municipal Employees, Local 127 regarding post-employment health benefits for eligible employees who were hired before July 1, 2005, and retire after March 31, 2012, striking Article 9 and extending the term to 15 years.

Subitem-B: 6 votes required pursuant to Charter Section 11.2.

Subitem-C: (O-2023-164) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance amending the Memorandum of Understanding between the City of San Diego and the Deputy City Attorneys Association of San Diego regarding post-employment Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, June 6, 2023
health benefits for eligible employees who were hired before July 1, 2005, and retire after March 31, 2012, striking Article 9 and extending the term to 15 years.

Subitem-C: 6 votes required pursuant to Charter Section 11.2.

Subitem-D: (O-2023-163 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance amending the Memorandum of Understanding between the City of San Diego and the San Diego Police Officers Association regarding post-employment health benefits for eligible employees who were hired before July 1, 2005, and retire after March 31, 2012, striking Article 9 and extending the term to 15 years.

Subitem-D: 6 votes required pursuant to Charter Section 11.2.

Subitem-E: (O-2023-162) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance amending the Memorandum of Understanding between the City of San Diego and the San Diego Firefighters, I.A.F.F. Local 145 regarding post-employment health benefits for eligible employees who were hired before July 1, 2005, and retire after March 31, 2012, extending the term to 15 years.

Subitem-E: 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Brian Mallard, (619) 707-1785
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 51: Amendment to Consultant Agreement with Dudek (H176881) to Provide Professional Environmental Consulting and Engineering Services to the City for the Mission Bay Park Improvements Program Environmental Impact Report (PEIR).

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, June 6, 2023
$596,839.04 from the Mission Bay Park Improvement Fund.

Council District(s) Affected: 2.

Proposed Actions:
(O-2023-166) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Dudek (H176881) for an additional amount of $596,836.04 and extending the Contract through June 28, 2026, for the professional environmental consulting and engineering services for the Mission Bay Park Improvements Program Environmental Impact Report.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on May 24, 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.

Engineering & Capital Projects: Carrie Purcell, (619) 533-5124 City Attorney Contact: Dana Fairchild
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 52: Authorizing a Second Amendment to the Agreement between the City of San Diego and RRM Design Group for Fire Station Design Standardization (Contract No. H166574) for the Purpose of Providing an Environmental Impact Report (EIR) and Design Services for the Fairmount Avenue Fire Station, as well as Updates to the Fire Station Design Standardization Documents in Phase 3, Phase 4 and Phase 5.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, June 6, 2023
Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this second amendment to the agreement will increase the cost by $1,224,182, for a total contract amount of $2,462,132 over the 159-month term of the agreement. Funds will come from the General Fund CIP and Mid City Urban Community programs.

Council District(s) Affected: 4.

Proposed Actions:

Adopt the following Ordinance which was introduced on 05/16/2023, Item 50 (Council voted 9- 0):
(O-2023-151) ADOPTED AS ORDINANCE O-21650 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with RRM Design Group, extending the Contract through May 19, 2029, in connection with the Fairmount Avenue Fire Station Design and Fire Station Design Standardization project. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 26, 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: Frank Ahn
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY STEPHEN WHITBURN 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, June 6, 2023
Item 53: Transfer of Non-Exclusive Solid Waste Collection Franchise.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 05/16/2023, Item 51 (Council voted 9- 0):
(O-2023-149) ADOPTED AS ORDINANCE O-21651 (New Series)
Ordinance 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 Mayor, or his designee, to execute a consent to assignment of the franchise and the franchise agreement.
6 votes required pursuant to Charter Section 103.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 20, 2023.

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

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

Environmental Services: Renee Robertson, (858) 573-1275 City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY STEPHEN WHITBURN 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 17 for the Regular Meeting of Tuesday, June 6, 2023
Item 54: First Amendment to the Agreement with Labworks LLC for the Laboratory Information Management System (LIMS) - RFP 10084712-18-V.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this first amendment to the agreement will not alter the cost included in the original approved agreement.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 05/16/2023, Item 52 (Council voted 9- 0):
(O-2023-150) ADOPTED AS ORDINANCE O-21652 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Labworks LLC, extending the Contract through April 22, 2024, to provide a Laboratory Information Management System.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 20, 2023.

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

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

Public Utilities: Rachel Davenport, (619) 758-2301
City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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, Sean Elo-Rivera;
Nay: (None);
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, June 6, 2023
Recused: (None);
Not Present: Vivian Moreno.

Item 55: Second Amendment to the Agreement with Atoll Ventures (DBA ‘Ocean Imaging’) for the Coastal Remote Sensing Special Study of The Point Loma Ocean Outfall (PLOO) and South Bay Ocean Outfall (SBOO) Regions.

Total Estimated Cost of Proposed Action and Funding Source:

This amendment increases the not-to-exceed amount of the original as-needed agreement by $1,619,382, to a total of $3,589,968, over a five-year term which expires June 30, 2028.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 05/16/2023, Item 60, Subitem-B (Council voted 9-0):
(O-2023-129) ADOPTED AS ORDINANCE O-21653 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the Second Amendment to the Agreement with Atoll Ventures dba Ocean Imaging Corporation, for an additional amount notto-exceed $1,619,382, and extending the Agreement through June 30, 2028, for the Coastal Remote Sensing Special Study of the Point Loma Ocean Outfall and South Bay Ocean Outfall Regions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

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

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

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

Public Utilities: Ryan Kempster, (619) 758-2329
City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, June 6, 2023
Passed by the following vote:

Item 56: First Amendment to the Legal Services Agreement with Wood Smith Henning & Berman LLP to Provide Specialized Legal Services Related to the Former Naval Training Center (NTC) Boat Channel.

Total Estimated Cost of Proposed Action and Funding Source:

The First Amendment to the Legal Services Agreement with Wood Smith Henning & Berman LLP is for an increase of $200,000, for a total contract amount not-to-exceed $450,000. Funding will come from the General Fund.

Council District(s) Affected: 2.

Proposed Actions:

Adopt the following Ordinance which was introduced on 05/16/2023, Item 330 (Council voted 9- 0):
(O-2023-144) ADOPTED AS ORDINANCE O-21654 (New Series)
Ordinance authorizing the Mayor, or designee, to execute the First Amendment to the Legal Services Agreement with Wood Smith Henning & Berman LLP to extend the Agreement for five (5) years and increase the amount by $200,000, from $250,000 to a total amount not to exceed $450,000, to provide continued legal services.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Office of the City Attorney: Nicole M. Denow, (619) 533-6173 City Attorney Contact: Nicole M. Denow
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY STEPHEN WHITBURN 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 20 for the Regular Meeting of Tuesday, June 6, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 57: California Coastal Commission Suggested Modifications to the Spaces As Places Ordinance Amending the San Diego Municipal Code and Local Coastal Program.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 05/22/2023, Item 601, Subitem-B (Council voted 9-0):
(O-2023-138) ADOPTED AS ORDINANCE O-21655 (New Series)
Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending Sections 126.0704, 126.0707, and 126.0708; and amending Chapter 14, Article 1, Division 6 by amending Sections 141.0621, 141.0628, and 141.0629 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.

Committee Actions Taken: N/A
Planning: Sameera Rao, (619) 446-5346
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY STEPHEN WHITBURN 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 21 for the Regular Meeting of Tuesday, June 6, 2023
Item 58: Exemption of Program Coordinator Position in the Office of Special Events and Filming from Classified Service.

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:

Adopt the following Ordinance which was introduced on 05/23/2023, Item 50 (Council voted 7- 1, Councilmember Moreno-nay, Councilmember Whitburn-not present):
(O-2023-154) ADOPTED AS ORDINANCE O-21656 (New Series)
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: 10:06 AM

CONSENT MOTION BY STEPHEN WHITBURN 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 22 for the Regular Meeting of Tuesday, June 6, 2023
Item 59: 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.

Proposed Actions:

Adopt the following Ordinance which was introduced on 05/23/2023, Item 60, Subitem B (Council voted 8-0, Councilmember Whitburn-not present):
(O-2023-153) ADOPTED AS ORDINANCE O-21657 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Luth & Turley, extending the Contract through June 24, 2025, in connection with the AsNeeded 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: 10:06 AM

CONSENT MOTION BY STEPHEN WHITBURN 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 23 for the Regular Meeting of Tuesday, June 6, 2023
Item 60: 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.

Proposed Actions:

Adopt the following Ordinance which was introduced on 5/23/2023, Item 332, Subitem B (Council voted 8-0, Councilmember Whitburn-not present):
(O-2023-152) ADOPTED AS ORDINANCE O-21658 (New Series)
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.

This item 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: 10:06 AM

CONSENT MOTION BY STEPHEN WHITBURN 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 24 for the Regular Meeting of Tuesday, June 6, 2023
Item 61: Approval of the Joint Use Agreements between the City and SDUSD for Clark Middle, Edison Elementary, Emerson Elementary, Jefferson Elementary, Ocean Beach Elementary, and Pershing Middle Schools.

Total Estimated Cost of Proposed Action and Funding Source:

The City's annual maintenance per the terms of the agreements is included in the Parks and Recreation General Fund Annual Department Budget. The City's one-time expense for the synthetic turf replacement is included in the Parks and Recreation FY 23 General Fund Department Budget.

Council District(s) Affected: 2, 3, 7, 8, 9.

Proposed Actions:

Subitem-A: (R-2023-750 Cor. Copy) ADOPTED AS RESOLUTION R-314937 Resolution determining that the authorization of the execution of the Joint Use Agreements between the City and the San Diego Unified School District for Clark Middle School, Edison Elementary School, Emerson Elementary School, Jefferson Elementary School, Ocean Beach Elementary School, and Pershing Middle School is exempt from the California Environmental Quality Act pursuant to sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (O-2023-156) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance authorizing the execution of the Joint Use Agreements between the City and the San Diego Unified School District for Clark Middle School, Edison Elementary School, Emerson Elementary School, Jefferson Elementary School, Ocean Beach Elementary School, and Pershing Middle School, and related actions.

Subitem-B: 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Community and Neighborhood Services Committee on April 20, 2023.

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

VOTE: 3-0; Campbell-yea, Whitburn-yea, Campillo-yea, Elo-Rivera-not present.

Parks & Recreation: Shannon Scoggins, (619) 236-6894
City Attorney Contact: Karen S. Li
COUNCIL ACTION: Start Time: 10:06 AM
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, June 6, 2023
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Joe LaCava.

Passed by the following vote:

Item 62: This item is now Item S508.

Item 63: Amendments to the Elections Code and Related Amendments to the City Clerk Administrative Guidelines.

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

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2023-168) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance amending Chapter 2, Article 7, Division 1 of the San Diego Municipal Code by amending Sections 27.0103 and 27.0106; amending Chapter 2, Article 7, Division 2 of the San Diego Municipal Code by amending Sections 27.0206, 27.0207, 27.0209,

27.0212, 27.0213, 27.0218, 27.0219, and 27.0221; amending Chapter 2, Article 7, Division 3 of the San Diego Municipal Code by amending Sections 27.0307, 27.0308, 27.0310, 27.0313,

27.0315, 27.0319, and 27.0320; amending Chapter 2, Article 7, Division 5 by amending Section

27.0506; amending Chapter 2, Article 7, Division 6 of the San Diego Municipal Code by amending Sections 27.0604, 27.0607, 27.0608, 27.0620, 27.0624, and 27.0635; amending Chapter 2, Article 7, Division 8 of the San Diego Municipal Code by amending Section 27.0804; amending Chapter 2, Article 7, Division 9 of the San Diego Municipal Code by amending Section

27.0907; amending Chapter 2, Article 7, Division 11 of the San Diego Municipal Code by amending Sections 27.1110 and 27.1116; amending Chapter 2, Article 7, Division 14 of the San Diego Municipal Code by amending Sections 27.1406 and 27.1413; amending Chapter 2, Article 7, Division 27 of the San Diego Municipal Code by amending Sections 27.2714, 27.2715,

27.2719, and 27.2726; amending Chapter 2, Article 7, Division 29 of the San Diego Municipal Code by amending Sections 27.2903, 27.2911, 27.2922, 27.2924, 27.2930, 27.2935, 27.2938,

27.2943, 27.2944, 27.2951, 27.2955, and 27.2965; amending Chapter 2, Article 7, Division 30 Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, June 6, 2023
of the San Diego Municipal Code by amending Section 27.3010, relating to revisions to the Elections Code.

Subitem-B: (R-2023-534) ADOPTED AS RESOLUTION R-314938
Resolution 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.

Committee Actions Taken:

This item was heard at the Rules Committee meeting on March 15, 2023.

ACTION: Motion by Chair Elo-Rivera, second by Committee Member LaCava, to approve staff's proposed actions.

VOTE: 5-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-yea.

Office of the City Clerk: Diana Fuentes, (619) 533-4000 City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE THE ORDINANCE IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Joe LaCava.

Passed by the following vote:

Item 100: As-Needed Consultant Agreement with Chen Ryan Associates, Inc. to Provide the Transportation Department with Engineering Support Services.

Total Estimated Cost of Proposed Action and Funding Source:

The cost of this agreement is not-to-exceed $7,500,000, for a term of 60 months. The agreement will be funded by the Transportation Department.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, June 6, 2023
(R-2023–751) ADOPTED AS RESOLUTION R-314939
Resolution authorizing an Agreement with Chen Ryan Associates, Inc. for as-needed engineering support services, in an amount not-to-exceed $7,500,000, over five years, and related funding actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on May 24, 2023.

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

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

Transportation Department: Chelsea Klaseus, (858) 541-4325 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 101: As-Needed Consultant Agreement with Wood Rodgers, Inc to Provide the Transportation Department with Engineering Support Services.

Total Estimated Cost of Proposed Action and Funding Source:

The cost of this agreement is not-to-exceed $7,500,000.00, for a term of 60 months. The agreement will be funded by the Transportation Department.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023–752) ADOPTED AS RESOLUTION R-314940
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, June 6, 2023
Resolution authorizing an Agreement with Wood Rodgers, Inc. for as-needed engineering support services, in an amount not-to-exceed $7,500,000 over five years, and related funding actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on May 24, 2023.

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

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

Passed by the following vote:

Item 102: Establishment of Overtime Eligibility.

Total Estimated Cost of Proposed Action and Funding Source:

There is no fiscal impact for this item.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-747) ADOPTED AS RESOLUTION R-314941
Resolution, in accordance with the Fiscal Year 2024 Salary Ordinance, approving the job classifications in the City of San Diego that are eligible for overtime compensation in Fiscal Year 2024.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, June 6, 2023
Human Resources: Jordan Lowery, (530) 410-9116
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 103: Adoption of Employee Representation Units for Fiscal Year 2024.

Total Estimated Cost of Proposed Action and Funding Source:

There is no known fiscal impact as a result of this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-759) ADOPTED AS RESOLUTION R-314942
Resolution approving the classifications as appropriately assigned to employee representation units, for Fiscal Year 2024.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, June 6, 2023
Item 104: Resolutions Approving Side Letter Agreements between the City of San Diego and San Diego Police Officers Association, and City of San Diego and San Diego City Firefighters, I.A.F.F. Local 145, to Amend the Memoranda of Understanding Regarding the San Diego City Employees’ Retirement System (SDCERS) Interest Payment for Overpayment/Underpayment Due to Error by City or SDCERS, and to Extend the Same Benefit to Unrepresented Employees.

Total Estimated Cost of Proposed Action and Funding Source:

There are no known fiscal impacts.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-762) ADOPTED AS RESOLUTION R-314943
Resolution approving and ratifying a Side Letter Agreement between the City of San Diego and the San Diego Police Officers Association related to the payment of interest to the San Diego City Employees' Retirement System and extending the terms to all unrepresented employees.

Subitem-A: 6 votes required pursuant to Charter Section 11.2.

Subitem-B: (R-2023-761) ADOPTED AS RESOLUTION R-314944
Resolution approving and ratifying a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, I.A.F.F. Local 145 related to the payment of interest to the San Diego City Employees' Retirement System.

Subitem-B: 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN 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, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, June 6, 2023
Not Present: Vivian Moreno.

Item 105: Resolutions Approving Side Letter Agreements between the City of San Diego and San Diego Police Officers Association; San Diego City Firefighters, I.A.F.F. Local 145; and California Teamsters Local 911, to Amend the Memorandum Memoranda of Understanding Regarding Paid Sick Leave for Hourly Employees.

Total Estimated Cost of Proposed Action and Funding Source:

There are no known fiscal impacts at this time.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-753) ADOPTED AS RESOLUTION R-314945
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Police Officers Association, to add Article 77 to the Memorandum of Understanding related to Paid Sick Leave for Hourly Employees as Amended by Assembly Bill 1041.

Subitem-A: 6 votes required pursuant to Charter section 11.2.

Subitem-B: (R-2023-754) ADOPTED AS RESOLUTION R-314946
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, International Association of Firefighters, Local 145, to amend Article 28 of the Memorandum of Understanding related to Paid Sick Leave for Hourly Employees as Amended by Assembly Bill 1041.

Subitem-B: 6 votes required pursuant to Charter section 11.2.

Subitem-C: (R-2023-756) ADOPTED AS RESOLUTION R-314947
Resolution approving a Side Letter Agreement between the City of San Diego and the California Teamsters Local 911, to amend Article 80 of the Memorandum of Understanding related to Paid Sick Leave for Hourly Employees as Amended by Assembly Bill 1041.

Subitem-C: 6 votes required pursuant to Charter section 11.2.

Committee Actions Taken: N/A
Human Resources: Jordan Lowery, (530) 410-9116
City Attorney Contact: Miguel Merrell
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, June 6, 2023
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 106: Resolutions Approving Side Letter Agreements between the City of San Diego and San Diego Police Officers Association; San Diego City Firefighters, I.A.F.F. Local 145; and California Teamsters Local 911, to Amend the Memoranda of Understanding Regarding Free San Diego Metropolitan Transit System (MTS) Transit Passes and Extending this Benefit to Unrepresented Employees and Volunteers.

Total Estimated Cost of Proposed Action and Funding Source:

The fiscal impact for Fiscal Year 2024 to provide free transit citywide is $786,046.80. The City currently subsidizes MTS fixed-route services transit passes citywide. Therefore, the additional cost beyond what the City is already subsidizing for Fiscal Year 2024 is approximately $310,000 to the general fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-718) ADOPTED AS RESOLUTION R-314948
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Police Officers Association, to amend Article 49 of the Memorandum of Understanding related to free MTS transit passes.

Subitem-A: 6 votes required pursuant to Charter Section 11.2.

Subitem-B: (R-2023-719) ADOPTED AS RESOLUTION R-314949
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, International Association of Firefighters, Local 145, to amend Article 45 of the Memorandum of Understanding related to free MTS transit passes.

Subitem-B: 6 votes required pursuant to Charter Section 11.2.

Subitem-C: (R-2023-720) ADOPTED AS RESOLUTION R-314950
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, June 6, 2023
Resolution approving a Side Letter Agreement between the City of San Diego and the California Teamsters Local 911, to amend Article 51 of the Memorandum of Understanding related to free MTS transit passes.

Subitem-C: 6 votes required pursuant to Charter Section 11.2.

Subitem-D: (R-2023-721) ADOPTED AS RESOLUTION R-314951
Resolution to offer free MTS transit passes to unrepresented employees and volunteers of the City of San Diego.

Committee Actions Taken: N/A
Human Resources: Jordan Lowery, (530) 410-9116
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 107: Resolutions Approving Side Letter Agreements between the City of San Diego and San Diego Police Officers Association; San Diego City Firefighters, I.A.F.F. Local 145; and California Teamsters Local 911, to amend the Memoranda of Understanding Regarding Bereavement Leave and to Extend the Same Benefit to Unrepresented Employees.

Total Estimated Cost of Proposed Action and Funding Source:

There are no known fiscal impacts at this time.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-641) ADOPTED AS RESOLUTION R-314952
Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, June 6, 2023
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Police Officers Association, to amend Article 69 of the Memorandum of Understanding related to Bereavement Leave.

Subitem-A: 6 votes required pursuant to Charter Section 11.2.

Subitem-B: (R-2023-642) ADOPTED AS RESOLUTION R-314953
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, International Association of Firefighters, Local 145, to amend Article 45 of the Memorandum of Understanding related to Bereavement Leave.

Subitem-B: 6 votes required pursuant to Charter Section 11.2.

Subitem-C: (R-2023-643) ADOPTED AS RESOLUTION R-314954
Resolution approving a Side Letter Agreement between the City of San Diego and the California Teamsters Local 911, to amend Article 76 of the Memorandum of Understanding related to Bereavement Leave.

Subitem-C: 6 votes required pursuant to Charter Section 11.2.

Subitem-D: (R-2023-644) ADOPTED AS RESOLUTION R-314955
Resolution to expand Bereavement Leave for unrepresented employees of the City of San Diego.

Committee Actions Taken: N/A
Human Resources: Scott Harris, (619) 707-0653
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 108: Resolutions Approving Agreements between the City of San Diego and its Recognized Employee Organizations to Increase the Parental Leave Benefit per the Amended Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, June 6, 2023
Administrative Regulation 95.89 – Parental Leave and Amend the Long-Term Disability Income Plan Document Regarding Pregnancy-Related Disability, to Extend the Same Benefits to Unrepresented Employees, and to Amend Local 145’s Memorandum of Understanding, Article 28, to be Consistent with Administrative Regulation 95.89 – Parental Leave.

Total Estimated Cost of Proposed Action and Funding Source:

The fiscal impact for Fiscal Year 2024 is approximately $5.8 million citywide.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-767) RETURNED TO STAFF
Resolution approving a Side Letter Agreement between the City and DCAA related to Parental Leave and Long-Term Disability benefits.

Subitem-B: (R-2023-765) RETURNED TO STAFF
Resolution approving a Side Letter Agreement between the City and Local 127 related to Parental Leave and Long-Term Disability benefits.

Subitem-C: (R-2023-768) RETURNED TO STAFF
Resolution approving a Side Letter Agreement between the City and Local 145 related to Parental Leave and Long-Term Disability benefits.

Subitem-C: 6 votes required pursuant to Charter Section 11.2.

Subitem-D: (R-2023-769) RETURNED TO STAFF
Resolution approving a Side Letter Agreement between the City and Local 911 related to Parental Leave and Long-Term Disability benefits.

Subitem-E: (R-2023-764) RETURNED TO STAFF
Resolution approving a Side Letter Agreement between the City and MEA related to Parental Leave and Long-Term Disability benefits.

Subitem-F: (R-2023-766) RETURNED TO STAFF
Resolution approving a Side Letter Agreement between the City and POA related to Parental Leave and Long-Term Disability benefits.

Subitem-G: (R-2023-770) RETURNED TO STAFF
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, June 6, 2023
Resolution approving the expansion of Parental Leave and Long-Term Disability benefits to unrepresented employees.

Committee Actions Taken: N/A
Human Resources: Abby Jarl-Veltz, (619) 236-6314
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:06 AM
Item 109: Resolutions Approving Agreements between the City of San Diego and the Deputy City Attorneys Association and the City and the San Diego Municipal Employees Association Regarding a Proposed Amendment to the San Diego City Charter Authorizing Independent Legal Counsel for the Office of the City Auditor and Audit Committee.

Total Estimated Cost of Proposed Action and Funding Source:

There are no known fiscal impacts.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-746) NOTED AND FILED
Resolution approving and ratifying an agreement between the City of San Diego and the San Diego City Attorneys Association 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.

Subitem-B: (R-2023-745) NOTED AND FILED
Resolution approving and ratifying an agreement between the City of San Diego and the San Diego Municipal Employees Association 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.

Committee Actions Taken: N/A
Human Resources: Walter Castillo, (619) 519-1975
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, June 6, 2023
Failed by the following vote:

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

Item 110: Settlement of Melinda Moore v. City of San Diego, San Diego Superior Court No. 37- 2022-00003971-CU-PO-CTL, Claim No. 28575.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $225,000 will be paid from Water Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-616) ADOPTED AS RESOLUTION R-314956
Resolution authorizing the settlement of Melinda Moore v. City of San Diego, San Diego Superior Court No. 37-2022-00003971-CU-PO-CTL, related to a claim for personal injuries sustained on September 25, 2021, as a result of a trip and fall involving a water meter box located in the sidewalk of 1971 Willow Street in the City of San Diego. Risk Claim No. 28575.

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 STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 111: Appointment to the Commission on Gang Prevention and Intervention.

Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, June 6, 2023
Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 6.

Proposed Actions:
(R-2023-741) ADOPTED AS RESOLUTION R-314957
Resolution confirming the Mayor's appointment of Lon Chhay to the Commission on Gang Prevention and Intervention for a term ending July 1, 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: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 112: Appointment of an Alternate to San Dieguito River Valley Regional Open Space Park Board.

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

Proposed Actions:
(R-2023-774) ADOPTED AS RESOLUTION R-314958
Resolution appointing Quinton Grounds as an alternate to the San Dieguito River Valley Regional Open Space Park Board.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, June 6, 2023
Council District 9: Brendan Dentino, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 330: Fourth Amendment to Agreement with Meyers Nave Riback Silver & Wilson to Provide Continued Legal Services as Outside Panel Counsel.

Total Estimated Cost of Proposed Action and Funding Source:

None at this time.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-147) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance authorizing the Fourth Amendment to the legal services agreement between the City and 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 for which they are currently engaged that have not yet concluded in the previously authorized total amount not to exceed $1.2 million.

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Jim McNeill
COUNCIL ACTION: Start Time: 11:25 AM
MOTION BY JOE LACAVA TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, June 6, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item 331: Fiscal Year 2024 Property and Business Improvement District Budget.

Total Estimated Cost of Proposed Action and Funding Source:

The FY 2024 Downtown Property and Business Improvement District (PBID) budget includes:

Fund Balance ($500,000); Non-City Parcel Assessments ($11,027,292); City-owned parcels assessments ($758,804); Federal Parcel Adjustment (-$191,894); Water Feature Reimbursement ($20,000); and Gas Tax Fund Allocation for median maintenance ($27,028).

Council District(s) Affected: 3.

Proposed Actions:
(R-2023-760) ADOPTED AS RESOLUTION R-314965
Resolution approving the Annual Report submitted in connection with the Downtown PBID for Fiscal Year 2024 and related funding actions.

Committee Actions Taken:

This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on May 17, 2023.

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

VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-not yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
COUNCIL ACTION: Start Time: 4:40 PM
MOTION BY STPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Sean Elo-Rivera;
Nay: (None);
Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, June 6, 2023
Recused: (None);
Not Present: Joe LaCava, Vivian Moreno.

Item 332: Approval of the Fiscal Year (FY) 2024 San Diego Tourism Marketing District Report of Activities.

Total Estimated Cost of Proposed Action and Funding Source:

Anticipated expenditures for FY2024 of up to $70,352,541 from TMD Funds 200726, 200704 and 200705, for implementation of FY2024 Report of Activities and underlying TMD Management Plan, including recovery of estimated City administrative costs of $300,000.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-758) ADOPTED AS RESOLUTION R-314966
Resolution approving the Fiscal Year 2024 Report of Activities for the Tourism Marketing District and authorizing related expenditure of funds.

Committee Actions Taken:

This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on May 17, 2023.

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

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

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 5:02 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, June 6, 2023
Item 333: First Amendment to Agreement with Gordon Rees Scully Mansukhani, LLP to Provide Continued Legal Services as Panel Outside Counsel.

Total Estimated Cost of Proposed Action and Funding Source:

The First Amendment to the Contract with the Law Firm is for an increase of $600,000, for a total contract amount not-to-exceed $850,000. Funding for this contract increase will come from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-653 Rev.) ADOPTED AS RESOLUTION R-314963
Resolution authorizing the First Amendment to the contract with the Law Firm to increase the total amount of time under the contract beyond five years, for a period not-to-exceed six years, and increase the total not-to-exceed amount to $850,000 from $250,000.

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Jim McNeill
COUNCIL ACTION: Start Time: 11:29 AM
MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 334: Authorization of a Ten-Year Corporate Partnership Agreement Among the City of San Diego, Downtown San Diego Partnership, Inc. and IKE Smart City, LLC for a Digital Wayfinding System in Downtown San Diego, an Exemption from the City’s Prohibition Against Signs in the Right-of-Way and Off-Premises Messages, an Exemption from Certain Automatic Copy Regulations, an Exemption from Public Right-of-Way Permit Requirements, and Related Actions.

Total Estimated Cost of Proposed Action and Funding Source: N/A Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, June 6, 2023
Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2023-525) ADOPTED AS RESOLUTION R-314967
(Note: This item is coming back to Council on Monday, July 17, 2023, as Item 200A, R-2023-844.)
Resolution of the Council of the City of San Diego determining that certain discretionary approvals, including the authorization of a Corporate Partnership Agreement among the City of San Diego, Downtown San Diego Partnership, Inc., and Ike Smart City, LLC related to a digital wayfinding system, and the authorization of limited exceptions to the City's signage and offpremises messaging regulations, automatic changing copy regulations, and permit procedures, are categorically exempt from the California Environmental Quality Act under CEQA Guidelines sections 15301, 15303, and 15304.

Subitem-B: (O-2023-136 REV.) INTRODUCED AS AMENDED BY INTERLINEATION; TO BE ADOPTED TUESDAY, JULY 17, 2023
(Note: This item is coming back to Council on Monday, July 17, 2023, as Item 200B, O-2023-208.)
Introduction of an Ordinance of the Council of the City of San Diego approving a Corporate Partnership Agreement Among the City of San Diego, 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, authorizing a limited exception to the signage and off-premises messaging regulations contained in Chapter 14, Article 2, Division 12 of the San Diego Municipal Code, authorizing a limited exception to the automatic changing copy regulations contained in Chapter 14, Article 1, Division 11 of the San Diego Municipal Code, and approving related actions.

Committee Actions Taken:

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

ACTION: Motion by Chair Campillo, second by Chair Montgomery Steppe, 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: William W. Witt
COUNCIL ACTION: Start Time: 3:08 PM
Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, June 6, 2023
Public testimony by David Rodger, Jessica Burton, Betsy Brennan, Joel Hermosillo, Angeli Hoyos, Joe Ergastolo, Jordan Beane, Gary Smith, Eric Jones, Lisa Ross, Ron Askeland, Mark G.

Stephens, Pamela Wilson, Chris Gomez, Ethan Olsen, Daniel Reeves, Eric Nemoseck, Blair Beekman, Jason Anderson, The Truth, Juan Reyes, Michael Trimble, Danny Avitia, Dan Smiechowski, Bruce Coons, Audra, Austin Archer, Jodi Rudick, and Kathleen Lippitt.

MOTION BY STEPHEN WHITBURN TO ADOPT THE RESOLUTION IN SUBITEM A AND

INTRODUCE THE ORDINANCE IN SUBITEM B AS AMENDED BY INTERLINEATION 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 MULTI-MEDIA SIGNAGE OR DISPLAYS.” Second by Raul A. Campillo.

Passed by the following vote:

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

NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.

Item 350: Ballot Measure Calendar
SUBMISSION OF BALLOT PROPOSALS FOR THE MARCH 5, 2024, BALLOT.

City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected]. The City Clerk’s Office has established the following calendar for the March 5, 2024, election.

DATE
DAYS
BEFORE

ELECTION
EVENT
Monday, 07/17/2023 232
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday, 07/26/2023 223 Initial Committee review
Measures that advance from initial review
Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, June 6, 2023
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Wednesday, 09/06/2023 181
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Monday, 09/11/2023 176
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, 12/08/2023 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, 12/11/2023 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, 12/13/2023 83 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information. If you have questions, please contact the Office of the City Clerk at (619) 533-4000 or via e-mail at [email protected].

Item S500: Resolution to Amend the Long-Term Disability Income Plan Regarding PregnancyRelated Disability.

Total Estimated Cost of Proposed Action and Funding Source:

Funding for claims for employees disabled by pregnancy, childbirth, or a related medical condition is available within the Long-Term Disability (LTD) Fund and will be paid on an asneeded basis consistent with other LTD claims.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-780) ADOPTED AS RESOLUTION R-314959
Resolution approving an amendment to the Self-Funded Employees' Long-Term Disability Income Plan.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 46 for the Regular Meeting of Tuesday, June 6, 2023
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S501: Agreement with the San Diego Metropolitan Transit System to Provide Transit Passes to the City of San Diego’s Workforce.

Total Estimated Cost of Proposed Action and Funding Source:

The projected cost for the proposed five-year contract term with MTS to provide free transit citywide is $4,798,894. Transit pass budget is appropriated on an annual basis based on usage, with the highest projected year expected to not exceed $1.2 million. The City currently subsidizes MTS fixed-route service transit passes citywide, which partially offsets the additional costs of the U-Pass Agreement as shown in the Fiscal Considerations section of the Staff Report.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-779) ADOPTED AS RESOLUTION R-314960
Resolution authorizing the Mayor, or his designee, to enter into a five-year Agreement with the San Diego Metropolitan Transit System, in an amount not-to-exceed $1,200,000, per fiscal year, to provide transit passes to the City of San Diego's workforce.

Committee Actions Taken: N/A
Risk Management: Carly Danney, (619) 533-6107
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 47 for the Regular Meeting of Tuesday, June 6, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno.

Item S502: Adoption of the Amended Flexible Benefits Plan for Eligible Employees for Fiscal Year 2024.

Total Estimated Cost of Proposed Action and Funding Source:

Funding is appropriated in the annual budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-786) ADOPTED AS RESOLUTION R-314961
Resolution adopting an amended Flexible Benefits Plan for Fiscal Year 2024 and establishing flexible benefit allotments.

Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S503: Amendment to Salary Ordinance for Fiscal Year 2024.

Minutes of the Council of the City of San Diego Page 48 for the Regular Meeting of Tuesday, June 6, 2023
Total Estimated Cost of Proposed Action and Funding Source:

Approval of the Salary Ordinance is required under the City’s Charter as part of the annual budget process.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-173 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance amending certain sections of the Fiscal Year 2024 Salary Ordinance to conform to negotiated and approved Agreements between the City and its Recognized employee Organizations and to extend comparable compensation to unrepresented employees for Fiscal Year 2024.

Committee Actions Taken: N/A
Human Resources: Abby Jarl-Veltz, (619) 236-6314
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 3:03 PM
MOTION BY MONICA MONTGOMERY STEPPE TO INTRODUCE. Second by Sean Elo-Rivera.

Passed by the following vote:

Item S504: A Resolution Approving the Tentative Agreements and the Memorandum of Understanding between the City of San Diego and the Deputy City Attorneys Association Regarding Terms and Conditions of Employment for Fiscal Years 2024 through 2026.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of the proposed three-year successor MOU is estimated to be $8.94M in the General Fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 49 for the Regular Meeting of Tuesday, June 6, 2023
Proposed Actions:
(R-2023-777) ADOPTED WITH DIRECTION AS RESOLUTION R-314968 Resolution accepting and approving the Total Package Tentative Agreement and approving the Memorandum of Understanding between the City of San Diego and the Deputy City Attorneys Association of San Diego regarding terms and conditions of employment for Fiscal Years 2024 through 2026.
6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Jordan Lowery, (530) 410-9116
City Attorney Contact: Jim McNeill
COUNCIL ACTION: Start Time: 2:09 PM

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION AND DIRECT STAFF 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. Second by Joe LaCava.

Passed by the following vote:

Item S505: Resolution Approving the Total Package Tentative Agreement and Successor Memorandum of Understanding between the City of San Diego and the American Federation of State, County, and Municipal Employees, AFL-CIO Local 127 Regarding Terms and Conditions of Employment for Fiscal Years 2024 through 2026.

Total Estimated Cost of Proposed Action and Funding Source:

The fiscal impact of the proposed Local 127 three-year successor MOU is estimated to be $48M Citywide, with $22.3M in the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-667) ADOPTED AS RESOLUTION R-314969
Minutes of the Council of the City of San Diego Page 50 for the Regular Meeting of Tuesday, June 6, 2023
Resolution accepting and approving the Total Package Tentative Agreement and approving the Memorandum of Understanding between the City of San Diego and the American Federation of State, County and Municipal Employees, ALF-CIO, Local 127 regarding terms and conditions of employment for Fiscal Years 2024 through 2026.
6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 236-6339
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 2:09 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S506: Resolution Approving the Total Package Tentative Agreement and Successor Memorandum of Understanding between the City of San Diego and the San Diego Municipal Employees Association Regarding Terms and Conditions of Employment for Fiscal Years 2024 through 2026.

Total Estimated Cost of Proposed Action and Funding Source:

The fiscal impact of the proposed three-year successor MOU is estimated to be $181.9M Citywide, with $85.1M in the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-665) ADOPTED WITH DIRECTION AS RESOLUTION R-314970 Resolution accepting and approving the Total Package Tentative Agreement and approving the Memorandum of Understanding between the City of San Diego and the San Diego Municipal Employees Association regarding terms and conditions of employment for Fiscal Years 2024 through 2026.

Minutes of the Council of the City of San Diego Page 51 for the Regular Meeting of Tuesday, June 6, 2023
6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 218-7439
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 2:09 PM

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION AND DIRECT STAFF TO AMEND THE TOTAL PACKAGE TENTATIVE AGREEMENT TO STRIKE ITEM 33 DATED MARCH 13, 2023, WITH MEA, AND APPROVE THE BALANCE AND APPROVE THE MOU. Second by Joe LaCava.

Passed by the following vote:

Item S507: Second Amendment to Agreement for Behavioral Health Services with the County of San Diego.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-743) ADOPTED AS RESOLUTION R-314962
Resolution approving that certain Second Amendment to Agreement for Behavioral Health Services with the County of San Diego.

Committee Actions Taken:

This item was heard at the Economic Development & Intergovernmental Relations Committee on May 17, 2023.

ACTION: Motion by Vice Chair Montgomery Steppe, 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 52 for the Regular Meeting of Tuesday, June 6, 2023
VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.

Government Affairs: Adrian Granda, (619) 218-7083
City Attorney Contact: Kevin Reisch
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S508: Acceptance of Floating Restroom from the California Department of Parks and Recreation, Division of Boating and Waterways.

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

Proposed Actions:

Subitem-A: (R-2023-755) ADOPTED AS RESOLUTION R-314964
Resolution determining that application for and acceptance of the Floating Restroom asset is exempt from the California Environmental Quality Act pursuant to Section 15302 (c) of the CEQA Guidelines.

Subitem-B: (O-2023-160) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 20, 2023 Introduction of an Ordinance approving the City of San Diego's grant application and acceptance of Floating Restroom asset from the California Department of Parks and Recreation, Division of Boating and Waterways.

Subitem-B: 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 11:11 AM
Minutes of the Council of the City of San Diego Page 53 for the Regular Meeting of Tuesday, June 6, 2023
MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCED THE ORDINANCE IN SUBITEM B. Second by Jennifer Campbell.

Passed by the following vote:

Item S509: Proposed Fiscal Year 2024 City of San Diego Affordable Housing Fund Annual Plan.

APPROVED
Due to this item being held at the Land Use and Housing Committee and pursuant to Rule 2.3.2, the Council will vote on whether this item will be placed on the Adoption Agenda for the regularly scheduled meeting for Monday, June 12, 2023.

COUNCIL ACTION: Start Time: 11:03 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Sean Elo-Rivera.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 54 for the Regular Meeting of Tuesday, June 6, 2023

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

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

COUNCIL ACTION: Start Time: 5:43 PM

San Diego City CouncilJune 6, 2023

San Diego City Council
June 6, 2023