Minutes, first session — San Diego City Council, June 13, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE SPECIAL COUNCIL MEETING
OF
TUESDAY, JUNE 13, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................3 ATTENDANCE DURING THE MEETING.....................................................................................................................3 ROLL CALL...........................................................................................................................................................................4 INVOCATION......................................................................................................................................................................4 PLEDGE OF ALLEGIANCE ...............................................................................................................................................4 NON-AGENDA PUBLIC COMMENT...........................................................................................................................4 MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT 6 APPROVAL OF COUNCIL MINUTES...........................................................................................................................7 Item 600: Extension of Securities Clearance and Safekeeping Services Contract (US Bank) ............... .................................................................................................................................................................................................7 Item 601: Construction Contract Extension (K-18-1739-DBB-3) with NEWest Construction, Inc. for the Construction of the Soledad Pump Station Upgrades........................................................................8 Item 602: Transfer of Non-Exclusive Solid Waste Management Franchises for Waste Management, Inc ...........................................................................................................................................................10 Item 603: Third Amendment to the Benefits Consulting, Brokerage, and Actuarial Services Contract Between the City of San Diego and Buck Global, LLC (Contractor f/k/a Conduent HR Consulting, LLC)..............................................................................................................................................................11 Item 604: First Amendment to Contract with Ferguson Waterworks for Water and Sewer Couplings (Invitation to Bid No. 10089653-20-W) ...........................................................................................12 Minutes of Tuesday, June 13, 2023 Page 2
Table of Contents (Continued)
Item 605: This item was removed from the Agenda.......................................................................................13 Item 606: Appointment and Reappointment to the Mobility Board........................................................13 Item 607: Appointment to the Horton Plaza Theaters Foundation Board of Directors....................14 Item 608: 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 ..................................................15 Item 609: Sanitation Workers Day .........................................................................................................................16 Item 610: Juneteenth Day..........................................................................................................................................16 Item 611: Delta Sigma Theta Sorority, Inc. Day ................................................................................................17 Item 612: City of San Diego Comprehensive Shelter Strategy ...................................................................18 Item 613: Amendments to the San Diego Municipal Code Related to Unauthorized Camping or Encampments on Public Property. ..........................................................................................................................18 Item 614: 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 MOU, Article 28, to be Consistent with Administrative Regulation 95.89 – Parental Leave............................................................................................21 Item 615: Authorization for Retention of Outside Counsel Aleshire & Wynder, LLP.........................22 Item 616: SDSU Softball Day....................................................................................................................................23 REPORT OUT FROM CLOSED SESSION.................................................................................................................24 ADJOURNMENT .............................................................................................................................................................24 Minutes of the Council of the City of San Diego Page 3
for the Special Meeting of Tuesday, June 13, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 11:10 a.m. for the noon recess to be reconvened at 1:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 1:06 p.m. with Councilmember Moreno not present. Councilmember Moreno arrived to the meeting at 1:14 p.m. Council President Elo-Rivera recessed the meeting at 8:56 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 9:03 p.m. with all Councilmembers present.

Council President Elo-Rivera recessed the meeting at 10:17 p.m. for the purpose of a break.

Council President Elo-Rivera reconvened the meeting at 10:20 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 10:36 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 10:42 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 10:54 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Fuentes (cp/mrh)

ROLL CALL
Minutes of the Council of the City of San Diego Page 4
for the Special Meeting of Tuesday, June 13, 2023
(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
(8) Councilmember Moreno-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 Council President Pro Tem Montgomery Steppe.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

William Dorsett commented on First Amendment rights.

COUNCIL ACTION: Start Time: 10:46 AM
PUBLIC COMMENT-2:

Mel Ganus commented on challenges in Balboa Park Cultural district.

COUNCIL ACTION: Start Time: 10:48 AM
PUBLIC COMMENT-3 (virtual):

Minutes of the Council of the City of San Diego Page 5
for the Special Meeting of Tuesday, June 13, 2023
Danny Avitia commented on homeless crisis.

COUNCIL ACTION: Start Time: 10:50 AM
PUBLIC COMMENT-4 (virtual):

Audra commented on kiosks with Ike Smart City; and Eastern Pacific Cloud Aerosol Precipitation Experiment (EPCAPE).

COUNCIL ACTION: Start Time: 10:53 AM
PUBLIC COMMENT-5 (virtual):

Terri-Ann Skelly commented on Cannabis Social Equity and Economic Development (SEED) Program.

COUNCIL ACTION: Start Time: 10:55 AM
PUBLIC COMMENT-6 (virtual):

Dan Smiechowski commented on driving on San Diego roads.

COUNCIL ACTION: Start Time: 10:57 AM
PUBLIC COMMENT-7 (virtual):

Becky Rapp commented Assembly Bill 1207.

COUNCIL ACTION: Start Time: 11:00 AM
PUBLIC COMMENT-8 (virtual):

Diane Grace commented on Cannabis Social Equity and Economic Development (SEED) Program.

COUNCIL ACTION: Start Time: 11:02 AM
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for the Special Meeting of Tuesday, June 13, 2023
PUBLIC COMMENT-9 (virtual):

Blair Beekman commented on accountability practices; and surveillance technology.

COUNCIL ACTION: Start Time: 11:04 AM
PUBLIC COMMENT-10 (virtual):

Judi Strang commented on data regarding failure to launch.

COUNCIL ACTION: Start Time: 11:06 AM
PUBLIC COMMENT-11 (virtual):

Peggy Walker commented on mental health link to marijuana.

COUNCIL ACTION: Start Time: 11:08 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

COMMENT
COUNCIL COMMENT-1:

Councilmember Campillo thanked members of his staff that helped throughout the process of working on the Budget.

COUNCIL ACTION: Start Time: 10:21 AM
COUNCIL COMMENT-2:

Councilmember von Wilpert thanked her staff for their incredible work on the Budget. She also thanked Councilmember Campillo for his work on Parental Leave. Councilmember von Wilpert noted that Ira Sharp who was on the National Brady Gun Violence Board of Directors passed away on June 10, 2023.

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for the Special Meeting of Tuesday, June 13, 2023
COUNCIL ACTION: Start Time: 10:22 AM

APPROVAL OF COUNCIL MINUTES

APPROVED
5/15/2023
5/16/2023
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

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

Item 600: Extension of Securities Clearance and Safekeeping Services Contract (US Bank).

Total Estimated Cost of Proposed Action and Funding Source:

This action is to extend the agreement on a month-to-month basis for up to one year, not to extend beyond July 9, 2024, and increase the not-to-exceed (NTE) amount by $63,000. This amount is available and budgeted in the City Treasurer’s General Fund FY2024 budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-135) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 27, 2023 Introduction of an Ordinance approving Amendment No. 1 to Contract with U.S. Bank for Securities Clearance and Safekeeping Banking Services to Extend Contract by Up to One Year. 6 votes required pursuant to Charter Section 99.

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for the Special Meeting of Tuesday, June 13, 2023
Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on May 24, 2023.

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

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

Office of the City Treasurer: Emmanuel Labrinos, (619) 533-6256 City Attorney Contact: A. Bartolotta
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Kent Lee.

Passed by the following vote:

Item 601: Construction Contract Extension (K-18-1739-DBB-3) with NEWest Construction, Inc. for the Construction of the Soledad Pump Station Upgrades.

Total Estimated Cost of Proposed Action and Funding Source:

There are no fiscal considerations associated with this request as it is only for extension of time.

Council District(s) Affected: 1.

Proposed Actions:
(O-2023-175) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 27, 2023 Introduction of an Ordinance authorizing the obligations of construction contract K-18-1739- DBB-3 with NEWest Construction Company, Inc. to extend beyond five years until June 8, 2025, Minutes of the Council of the City of San Diego Page 9
for the Special Meeting of Tuesday, June 13, 2023
to complete construction of CIP A-BJ.00001, Water Pump Station Restoration (B-11072, Soledad Pump Station Upgrades), and related actions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

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

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Kent Lee.

Passed by the following vote:

Item 602: Transfer of Non-Exclusive Solid Waste Management Franchises for Waste Management, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

There are no anticipated expenses or significant revenue impacts related to this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 10 for the Special Meeting of Tuesday, June 13, 2023
Subitem-A: (O-2023-169) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 27, 2023 Introduction of an Ordinance Approving the Transfer and Authorizing the Consent to Assignment of Class II Non-Exclusive Solid Waste Management Franchises from Waste Management, Inc., for BDC Special Waste Services to USA Waste of California, Inc., DBA BDC Special Waste Services; from Waste Management of California, Inc., DBA Emerald Waste & Recovery, Inc. to USA Waste of California, Inc., DBA Emerald Waste and Recovery; and from Waste Management, Inc., for Reliable Waste to USA Waste of California, Inc., DBA Reliable Waste.

Subitem-A: 6 votes required pursuant to Charter Section 103.

Subitem-B: (O-2023-170) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 27, 2023 Introduction of an Ordinance Authorizing Execution of Amendments to Class II Non-Exclusive Solid Waste Management Franchise Agreements with USA Waste of California, Inc., DBA BDC Special Waste Services, Emerald Waste and Recovery, and Reliable Waste.

Subitem-B: 6 votes required pursuant to Charter Section 103.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on May 25, 2023.

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

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

Environmental Services: Matthew Cleary, (858) 573-1214
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Kent Lee.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 11 for the Special Meeting of Tuesday, June 13, 2023
Item 603: Third Amendment to the Benefits Consulting, Brokerage, and Actuarial Services Contract Between the City of San Diego and Buck Global, LLC (Contractor f/k/a Conduent HR Consulting, LLC).

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize an agreement with Buck Global, LLC (Contractor f/k/a Conduent HR Consulting, LLC) to provide pension actuarial consulting services in a one-time amount not-toexceed $44,500, to be funded according to the Fiscal Year 2023 citywide FTE allocation.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-739) ADOPTED AS RESOLUTION R-314977
Resolution approving the Third Amendment to the Benefits Consulting, Brokerage, and Actuarial Service Contract between the City of San Diego and Buck Global, LLC.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on May 24, 2023.

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

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

Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. (von Wilpert moved the consent agenda, but voted nay on Item 603.) Second by Kent Lee.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 12 for the Special Meeting of Tuesday, June 13, 2023
Yea: Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: Joe LaCava, Marni von Wilpert;
Recused: (None);
Not Present: (None).

Item 604: First Amendment to Contract with Ferguson Waterworks for Water and Sewer Couplings (Invitation to Bid No. 10089653-20-W).

Total Estimated Cost of Proposed Action and Funding Source:

The Total Estimated Cost of this proposed action has an amount not-to-exceed $1,500,000, of which $1,400,000 is estimated to be from Fund, Water Utility Operating Fund, and $100,000 from Fund, Muni Sewer Revenue Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-776) ADOPTED AS RESOLUTION R-314978
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Ferguson Waterworks to increase the amount not-to-exceed to $4,500,000 in connection with providing as-needed water and wastewater construction materials.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on May 25, 2023.

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

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

Public Utilities: Hector Flores, (619) 527-8039
City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

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Passed by the following vote:

Item 605: This item was removed from the Agenda.

Item 606: Appointment and Reappointment to the Mobility Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2, 6.

Proposed Actions:
(R-2023-734) ADOPTED AS RESOLUTION R-314979
Resolution confirming the appointment of Jeff Dosick for a term ending February 1, 2024, and the reappointment of Stephen Vance for a term ending February 1, 2025, to the Mobility Board.

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 MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Minutes of the Council of the City of San Diego Page 14 for the Special Meeting of Tuesday, June 13, 2023
Recused: (None);
Not Present: (None).

Item 607: Appointment to the Horton Plaza Theaters Foundation Board of Directors.

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

Proposed Actions:
(R-2023-788) ADOPTED AS RESOLUTION R-314980
Resolution reappointing members to the Board of Directors of the Horton Plaza Theatres Foundation.

Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 608: 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.

Minutes of the Council of the City of San Diego Page 15 for the Special Meeting of Tuesday, June 13, 2023
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 Cor. Copy) ADOPTED AS RESOLUTION R-314981 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 Cor. Copy) ADOPTED AS RESOLUTION R-314982 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 MARNI VON WILPERT TO ADOPT. (von Wilpert moved the consent agenda, but voted nay on Item 608.) Second by Kent Lee.

Passed by the following vote:

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

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

Minutes of the Council of the City of San Diego Page 16 for the Special Meeting of Tuesday, June 13, 2023
Item 609: Sanitation Workers Day.

MAYOR GLORIA, COUNCILMEMBER LACAVA, COUNCILMEMBER WHITBURN, COUNCILMEMBER VON WILPERT, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming June 17, 2023, to be "Sanitation Workers Day" in the City of San Diego.

COUNCIL ACTION: Start Time: 10:23 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Monica Montgomery Steppe.

Passed by the following vote:

Item 610: Juneteenth Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming June 19, 2023, to be “Juneteenth Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:23 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Monica Montgomery Steppe.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 17 for the Special Meeting of Tuesday, June 13, 2023
Item 611: Delta Sigma Theta Sorority, Inc. Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming June 17th, 2023, to be “Delta Sigma Theta Sorority, Inc. Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:23 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Monica Montgomery Steppe.

Passed by the following vote:

Item 612: City of San Diego Comprehensive Shelter Strategy.

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

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
COUNCIL ACTION: Start Time: 1:10 PM
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Item 613: Amendments to the San Diego Municipal Code Related to Unauthorized Camping or Encampments on Public Property.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-783) ADOPTED AS RESOLUTION R-314991
Resolution determining that amendments to Chapter 5, Article 4, Division 2 of the San Diego Municipal Code by amending Section 54.0212; amending Chapter 6, Article 3, Division 00 by repealing and reserving Section 63.20.11; amending Chapter 6, Article 3, Division 1 by amending Sections 63.0102, 63.0103, 63.0105 and 63.0108; and amending Chapter 6, Article 3 by adding Division 4, Sections 63.0401, 63.0402, 63.0403, 63.0404, 63.0405 and 63.0406, all relating to regulating encampments on public property are exempt from the California Environmental Quality Act pursuant to Sections 15301(d) and 15308 of the CEQA Guidelines.

Subitem-B: (O-2023-155 REV.) INTRODUCED AS AMENDED BY INTERLINEATION, TO BE ADOPTED TUESDAY, JUNE 27, 2023
Introduction of an Ordinance amending Chapter 5, Article 4, Division 2 of the San Diego Municipal Code by amending Section 54.0212; amending Chapter 6, Article 3, Division 00 by repealing and reserving Section 63.20.11; amending Chapter 6, Article 3, Division 1 by amending Sections 63.0102, 63.0103, 63.0105 and 63.0108; and amending Chapter 6, Article 3 by adding Division 4, Sections 63.0401, 63.0402, 63.0403, 63.0404, 63.0405 and 63.0406, all relating to regulating encampments on public property.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee on April 13, 2023.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Whitburn, to forward the item to full Council without recommendation:

Request that Council District 3 work with the Mayor’s Office and City Attorney’s Office to address the questions and concerns that have been raised by Committee Members, and for the item at Minutes of the Council of the City of San Diego Page 19 for the Special Meeting of Tuesday, June 13, 2023
full Council to include a companion informational item that briefs the council on the following elements:
 comprehensive plan that includes expanding congregate and non-congregate shelter options, dedicated outreach, and consistent enforcement;  site control and funds for new bridge shelters, safe parking, and/or safe camping to demonstrate there is “availability of shelter”;
 status of the Community Action Plan on Homelessness;
 how the City’s homelessness work reflects best practices considering the input of the Regional Task Force on the Homelessness;
 detailed plan for how enforcement would transition from current activity to what is contemplated under the draft ordinance;
 revised proposal that includes all city parks;
 written enforcement and operations plan;
 plan that identifies specific sleeping sites; and
 written legal analysis from the City Attorney on the proposed ordinance, including how it is determined which public areas the city can include in the ordinance for enforcement for both when shelter is available and for when shelter is not available.

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

Council District 3: Bridget Naso, (619) 236-6633
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 3:40 PM

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

INTRODUCE THE ORDINANCE IN SUBITEM B AS AMENDED BY INTERLINEATION TO AMEND SECTION 63.0404 (C)(5) TO READ, “IN ANY PARK WHERE THE CITY MANAGER DETERMINES

THERE IS A SIGNIFICANT PUBLIC HEALTH AND SAFETY RISK AND PROVIDED THAT SIGNS ARE POSTED PROHIBITING CAMPING THAT ARE CLEARLY VISIBLE TO PEDESTRIANS. FOR PURPOSES OF THIS SECTION 63.0404(C)(5), THE DEFINITION OF PARK DOES NOT INCLUDE OPEN SPACE OR BEACH AREAS, AS DEFINED IN SECTION 63.0102(B), OR BEACHES, BAYS, OR WETLANDS”; AND AMEND SECTION 7 OF THIS ORDINANCE TO READ, “THAT THIS ORDINANCE SHALL TAKE

EFFECT AND BE IN FORCE ON THE THIRTIETH DAY FROM AND AFTER ITS FINAL PASSAGE OR THIRTY DAYS FROM THE DATE THE FIRST SAFE SLEEPING LOT AT 20TH AND B STREET IS OPEN FOR USE, WHICHEVER IS LATER. THE MAYOR’S OFFICE SHALL NOTIFY THE CITY CLERK OF THE SAFE SLEEPING LOT’S OPENING DATE FOR PURPOSES OF DETERMINING THE EFFECTIVE DATE OF THIS ORDINANCE”; AND AMEND SECTION 63.0404(A) TO INCLUDE BEACHES AND OPEN SPACE; AND AMEND SECTION 63.0405(B) TO INCLUDE, “FOR PURPOSES OF THIS SECTION

63.0405(B), AVAILABLE SHELTER MEANS THE SHELTER IS REASONABLY AVAILABLE TO THE

PERSON AT THE TIME ENFORCEMENT IS TAKING PLACE AND TAKING INTO CONSIDERATION Minutes of the Council of the City of San Diego Page 20 for the Special Meeting of Tuesday, June 13, 2023
ANY DISABILITY OR OTHER SPECIFIC CIRCUMSTANCES APPLICABLE TO THAT PERSON”; AND ADD SECTION 8 TO THIS ORDINANCE TO READ, “SECTION 8: THE CITY MANAGER SHALL

PROVIDE MONTHLY WRITTEN STATISTICAL UPDATES TO THE COUNCIL ON DEMOGRAPHICS

OF THOSE CONTACTED, CITED, OR ARRESTED FOR VIOLATION OF THE SAN DIEGO MUNICIPAL CODE SECTION 63.0404”; AND DIRECTION TO CREATE A MONITORING/WORKING GROUP TO MONITOR AND DISCUSS THE IMPLEMENTATION OF THE ORDINANCE. THIS GROUP SHOULD INCLUDE PEOPLE WITH LIVED EXPERIENCE; EVALUATE FOR CONSIDERATION ADDITIONAL SAFE

SLEEPING AREAS THROUGHOUT THE CITY, INCLUDING EVALUATING SMALLER SAFE CAMPING

AREAS WHERE THERE ARE KNOWN EXISTING ENCAMPMENTS IN THE CITY OUTSIDE THE DOWNTOWN AREA; EXPLORE CREATING THE OSOT (OPEN SPACE OUTREACH TEAM) TO PERFORM OUTREACH TO UNSHELTERED INDIVIDUALS IN THE CITY’S OPEN SPACE. Second by Marni von Wilpert.

Passed by the following vote:

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

Item 614: 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.

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) ADOPTED AS RESOLUTION R-314983
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) ADOPTED AS RESOLUTION R-314984
Minutes of the Council of the City of San Diego Page 21 for the Special Meeting of Tuesday, June 13, 2023
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) ADOPTED AS RESOLUTION R-314985
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) ADOPTED AS RESOLUTION R-314986
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) ADOPTED AS RESOLUTION R-314987
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) ADOPTED AS RESOLUTION R-314988
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) ADOPTED AS RESOLUTION R-314989
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
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 22 for the Special Meeting of Tuesday, June 13, 2023
Nay: (None);
Recused: (None);
Not Present: (None).

Item 615: Authorization for Retention of Outside Counsel Aleshire & Wynder, LLP.

Total Estimated Cost of Proposed Action and Funding Source:

Compensation for as-needed outside counsel services in an amount not-to-exceed $50,000, over the term of the agreement, not to exceed 5 years, to be paid from the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-810) ADOPTED AS RESOLUTION R-314990
Resolution authorizing the retention of Aleshire & Wynder, LLP as outside counsel for matters related to the 2024 election.

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5800 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 23 for the Special Meeting of Tuesday, June 13, 2023
Item 616: SDSU Softball Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming June 13, 2023, to be “SDSU Softball Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:23 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Monica Montgomery Steppe.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 10:54 p.m. in honor of the memory of:

Mr. Jose Octavio Mireles as requested by Council President Montgomery Steppe.

COUNCIL ACTION: Start Time: 10:52 PM

San Diego City CouncilJune 13, 2023

San Diego City Council
June 13, 2023