THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JUNE 20, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................5 ATTENDANCE DURING THE MEETING...................................................................................5 ROLL CALL ..........................................................................................................................5 PLEDGE OF ALLEGIANCE......................................................................................................6 NON-AGENDA PUBLIC COMMENT .........................................................................................6
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 30: World Refugee Month..........................................................................................10 Item 31: The Compass Station Day ....................................................................................10 Item 32: San Diego Hebrew Day School 60th Anniversary Day.............................................11 Item 33: Sonny Sandoval Day............................................................................................11 Item 50: Award of Temperature-Controlled Water System Franchise to Energy Center San Diego LLC..........................................................................................................................12 Item 51: Exemption of an Assistant to the Development Services Director and Three Program Coordinator Positions in the Development Services Department from the Classified Service.....13 Item 52: 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 Minutes of Tuesday, June 20, 2023 Page 2
Table of Contents (Continued)
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...................14 Item 53: 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) ...............................................16 Item 54: 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 .....................................................................................................17 Item 55: Acceptance of Floating Restroom from the California Department of Parks and Recreation, Division of Boating and Waterways ....................................................................19 Item 56: Amendments to the Elections Code and Related Amendments to the City Clerk Administrative Guidelines....................................................................................................20 Item 57: Fourth Amendment to Agreement with Meyers Nave Riback Silver & Wilson to Provide Continued Legal Services as Outside Panel Counsel ..............................................................21 Item 58: Amendment to Salary Ordinance for Fiscal Year 2024 ............................................22 Item 60: Community Parking Districts Fiscal Year 2024 Annual Plans and Budgets and Adjustment to the Pacific Beach Community Parking District Meter Zone................................23 Item 100: TransNet Local Street and Roads Program - 2023 Regional Transportation Improvement Program (RTIP) Amendment and Fiscal Years 2024 – 2028 Program of Projects 24 Item 101: Fiscal Year 2024 Recreation Center Fund Budgets, Fiscal Year 2024 Opportunity Fund Budget, and Recreation Equity Report 2023.................................................................26 Item 102; Increase Not to Exceed Contract Authorization for Slurry Seal Groups 2324, 2325, & 2326 .................................................................................................................................27 Item 103: Settlement of Kenneth Webster v. City of San Diego, San Diego Superior Court No. 37-2022-00004131-CU-PO-CTL, Claim No. 28291 .................................................................28 Item 104: Settlement of Property Damage Claim of Chhunean Pao, Claim No. 28138.............29 Item 105: Appointment and Reappointments to the Historical Resources Board.....................30 Item 106: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico...............................................................................30 Item 330: Update on the Redevelopment of City-Owned Real Property Located at 3220, 3240, 3250 and 3500 Sports Arena Boulevard (Midway Site) ..........................................................31 Minutes of Tuesday, June 20, 2023 Page 3
Table of Contents (Continued)
Item 331: Ordinance Adopting Updated SDPD Military Equipment Use Procedure, and Renewing Approval for Use, Funding, and Acquisition of Military Equipment, Pursuant to Assembly Bill 481...............................................................................................................32 Item 332: This item was removed from the Agenda ............................................................33 Item 333: Approval Authorizing the Acceptance, Appropriation, and Expenditure of Round 4 of the State of California Homeless Housing, Assistance, and Prevention Grant...........................33 Item 334: Water Rate Adjustments, Cost of Service Study, and Proposition 218 Notice and Hearing.............................................................................................................................34 Item 335: West Mission Bay Drive Bridge - Highway Infrastructure Program (HIP) Grant Budget Swap with Highway Bridge Program (HBP) ..........................................................................35 Item 336: Authorization to Retain Outside Counsel and Enter into an Agreement with Nossaman, LLP to Provide Legal Services for the City’s Pure Water Program ..........................36 Item 337: Appeal of the Historical Designation of the Mission Hills Branch Public Library (HRB #1384) Located at 925 West Washington Street ..................................................................37 Item 350: Ballot Measure Calendar.....................................................................................38 Item S500: Tisa Aguero Day..............................................................................................39 Item S501: Approval of a Request for a Conflict-of-Interest Waiver from Nossaman LLP............ ........................................................................................................................................40 Item S502: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Safe Parking Rose Canyon Expansion Project ..............................................................................................................41 Item S503: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for The Alliance at the Old Central Library Program.................................................................................................................42 Item S504: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Non-Congregate Bridge Housing Shelter for Seniors.................................................................................................43 Item S505: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Non-Congregate Shelter for Families.............................................................................................................................44 Item S506: Debra Rosen Day.............................................................................................45 REPORT OUT FROM CLOSED SESSION................................................................................45 Minutes of Tuesday, June 20, 2023 Page 4
Table of Contents (Continued)
ADJOURNMENT .................................................................................................................46 Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, June 20, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. Councilmember Lee left the meeting at 11:35 a.m. Councilmember Moreno left the meeting at 12:00 p.m. The meeting was recessed by Council President Elo-Rivera at 12:27 p.m. for the noon recess to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with Councilmember Whitburn, Council President Pro Tem Montgomery Steppe, and Councilmember von Wilpert not present. Councilmember von Wilpert arrived to the meeting at 2:03 p.m. Councilmember Whitburn arrived to the meeting at 2:09 p.m. The meeting was adjourned by Council President Elo-Rivera at 5:57 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
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:
CD-4 Council President Pro Tem Monica Montgomery Steppe 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-not present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, June 20, 2023
(9) Council President Elo-Rivera-present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember von Wilpert.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Michael Brando commented on health.
COUNCIL ACTION: Start Time: 12:00 PM
PUBLIC COMMENT-2:
Joy Sunyata commented on collaboration.
COUNCIL ACTION: Start Time: 12:02 PM
PUBLIC COMMENT-3 (virtual):
Blair Beekman commented on United Nations ideas; and unhoused issues.
COUNCIL ACTION: Start Time: 12:04 PM
PUBLIC COMMENT-4 (virtual):
Terri-Ann Skelly commented on Drug Abuse Warning Network findings regarding marijuana.
COUNCIL ACTION: Start Time: 12:06 PM
PUBLIC COMMENT-5 (virtual):
Barbara Gordon commented on increase in marijuana use since legalization.
COUNCIL ACTION: Start Time: 12:08 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, June 20, 2023
PUBLIC COMMENT-6 (virtual):
Lori Saldaña commented on Brown Act; and policy for umbrella coverage for City during public events.
COUNCIL ACTION: Start Time: 12:10 PM
PUBLIC COMMENT-7 (virtual):
Paul Henkin commented on San Diego Association of Governments.
COUNCIL ACTION: Start Time: 12:12 PM
PUBLIC COMMENT-8 (virtual):
Kathleen Lippitt commented on marijuana legalization.
COUNCIL ACTION: Start Time: 12:14 PM
PUBLIC COMMENT-9 (virtual):
Katheryn Rhodes commented on homeless criminalization ban vote.
COUNCIL ACTION: Start Time: 12:17 PM
PUBLIC COMMENT-10 (virtual):
Dan Smiechowski commented on psychiatric care for the homeless.
COUNCIL ACTION: Start Time: 12:19 PM
PUBLIC COMMENT-11 (virtual):
Michael Schmidt commented on asphalt re-surfacing needed in Carmel Mountain Ranch.
COUNCIL ACTION: Start Time: 12:22 PM
PUBLIC COMMENT-12 (virtual):
Truth commented on green streets; elected officials pay; and encampments.
COUNCIL ACTION: Start Time: 12:23 PM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, June 20, 2023
PUBLIC COMMENT-13 (virtual):
Diane Grace commented on support for AB 1207.
COUNCIL ACTION: Start Time: 12:25 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT CITY CLERK COMMENT:
Interim City Clerk Fuentes announced that the City Clerk’s Archives section is celebrating Dennis Voyer Allen. She recognized Dennis Voyer Allen who fought segregation, prejudices, denials of employment, and for the safety of children in schools. Interim City Clerk Fuentes also noted that he stood as a leader in his community sitting on the Board of Directors of the Bethel AME Church and President of the San Diego Chapter of the National Association for the Advancement of Colored People. She also acknowledged the Mavericks whose hard work achieved social and political milestones for equality in our City. Interim City Clerk Fuentes encouraged everyone to join in the celebration of breaking down these barriers with the exhibit located in the Lobby of the City Administration Building from June 20, 2023, through July 7, 2023.
COUNCIL ACTION: Start Time: 10:32 AM
COUNCIL COMMENT-1:
Councilmember von Wilpert thanked the Clerk’s Office for the incredible work with the archives. She recommended folks come and check it out.
COUNCIL ACTION: Start Time: 10:33 AM
COUNCIL COMMENT-2:
Council President Elo- Rivera wished a happy birthday to Interim City Clerk Diana Fuentes.
COUNCIL ACTION: Start Time: 10:34 AM
SPECIAL ORDERS OF BUSINESS
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, June 20, 2023
None.
APPROVAL OF COUNCIL MINUTES
APPROVED
5/22/2023 Adjourned
5/22/2023 Special
5/23/2023
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 30: World Refugee Month.
COUNCIL PRESIDENT ELO-RIVERA’S RECOMMENDATION:
APPROVED
Proclaiming June 20, 2023, as “World Refugee Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:35 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, June 20, 2023
Item 31: The Compass Station Day.
COUNCILMEMBER LACAVA’S RECOMMENDATION:
APPROVED
Proclaiming May 31, 2023, to be “The Compass Station Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:35 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 32: San Diego Hebrew Day School 60th Anniversary Day.
COUNCILMEMBER CAMPILLO AND COUNCILMEMBER CAMPBELL’S RECOMMENDATION:
APPROVED
Proclaiming May 21, 2023, to be “San Diego Hebrew Day School 60th Anniversary Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:35 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 33: Sonny Sandoval Day.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, June 20, 2023
COUNCILMEMBER MORENO’S RECOMMENDATION:
APPROVED
Proclaiming June 23, 2023, to be “Sonny Sandoval Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:35 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 50: Award of Temperature-Controlled Water System Franchise to Energy Center San Diego LLC.
Total Estimated Cost of Proposed Action and Funding Source:
This item has a minimum bid payment of $500,000 and the grantee would pay the City a Franchise Fee equal to three percent (3%) of gross receipts annually.
Council District(s) Affected: 3.
Proposed Actions:
(O-2023-177) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 11, 2023 Introduction of an Ordinance granting to Energy Center San Diego LLC a franchise to use City streets to distribute temperature-controlled water to customers for the purpose of heating and cooling buildings in the Downtown area.
6 votes required pursuant to Charter Section 103.
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.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, June 20, 2023
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Sustainability and Mobility: Megan Ong, (619) 236-7077
City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 51: Exemption of an Assistant to the Development Services Director and Three Program Coordinator Positions in the Development Services Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
These positions are included in the Fiscal Year 2024 Proposed Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-171) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 11, 2023 Introduction of an Ordinance authorizing the exemption of an Assistant to the Development Services Director and three Program Coordinator positions in the City's Development Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on September 1 and October 6, 2022, and April 7, 2023. The Assistant to the Development Services Director position will be responsible for reviewing Department policies, procedures and operations, and other related duties. Two Program Coordinator positions will manage the Department's data analytics efforts. One Program Coordinator position will assist an Assistant Deputy Director position in managing the enforcement of the Sidewalk Vending Ordinance. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Development Services: Rimah Khouri-Velez, (619) 446-5007 City Attorney Contact: Miguel Merrell
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, June 20, 2023
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 52: 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:
Adopt the following Ordinances which were introduced on 06/06/2023, Item 50, Subitems A-E (Council voted 8-0, Councilmember Moreno-not present):
Subitem-A: (O-2023-165) ADOPTED AS ORDINANCE O-21659 (New Series) 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) ADOPTED AS ORDINANCE O-21660 (New Series) 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- Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, June 20, 2023
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) ADOPTED AS ORDINANCE O-21661 (New Series) Ordinance amending the Memorandum of Understanding between the City of San Diego and the Deputy City Attorneys Association of San Diego 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-C: 6 votes required pursuant to Charter Section 11.2.
Subitem-D: (O-2023-163 Cor. Copy) ADOPTED AS ORDINANCE O-21662 (New Series) 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) ADOPTED AS ORDINANCE O-21663 (New Series) 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 JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, June 20, 2023
Not Present: Monica Montgomery Steppe.
Item 53: 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:
$596,839.04 from the Mission Bay Park Improvement Fund.
Council District(s) Affected: 2.
Proposed Actions:
Adopt the following Ordinance which was introduced on 06/06/2023, Item 51 (Council voted 8- 0, Councilmember Moreno-not present):
(O-2023-166) ADOPTED AS ORDINANCE O-21664 (New Series)
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 JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Raul A. Campillo.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, June 20, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 54: 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:
Adopt the following Ordinance which was introduced on 6/6/2023, Item 61, Subitem-B (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-156) ADOPTED AS ORDINANCE O-21665 (New Series)
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.
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
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, June 20, 2023
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 55: 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:
Adopt the following Ordinance which was introduced on 6/6/2023, Item S508, Subitem-B (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-160 Cor. Copy) ADOPTED AS ORDINANCE O-21666 (New Series) 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.
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: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Raul A. Campillo.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, June 20, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 56: 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:
Adopt the following Ordinance which was introduced on 06/06/2023, Item 63, Subitem-A (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-168) ADOPTED AS ORDINANCE O-21667 (New Series)
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 of the San Diego Municipal Code by amending Section 27.3010, relating to revisions to the Elections Code.
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.
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, June 20, 2023
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 JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 57: 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:
Adopt the following Ordinance which was introduced on 6/6/2023, Item 330 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-147) ADOPTED AS ORDINANCE O-21668 (New Series)
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 COUNCIL ACTION: Start Time: 10:06 AM
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, June 20, 2023
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 58: Amendment to Salary Ordinance for Fiscal Year 2024.
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:
Adopt the following Ordinance which was introduced on 6/6/2023, Item S503 (Council voted 8- 0, Councilmember Moreno-not present):
(O-2023-173 Cor. Copy) ADOPTED AS ORDINANCE O-21669 (New Series) 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: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, 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 21 for the Regular Meeting of Tuesday, June 20, 2023
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 60: Community Parking Districts Fiscal Year 2024 Annual Plans and Budgets and Adjustment to the Pacific Beach Community Parking District Meter Zone.
Total Estimated Cost of Proposed Action and Funding Source:
This action authorizes the transfer, appropriation, and expenditure of CPD funding of an estimated $13,041,085 of Fiscal Year 2024 beginning Fund Balance, to the individual CPD funds which includes an estimate of $4,700,000 in parking meter revenue from FY 2023, the funding that the City Council previously appropriated in the Fiscal Year 2023 Annual Budget, the carryover from previous years, and any year-end adjustments within the CPD funds.
Council District(s) Affected: 1, 2, 3, 9.
Proposed Actions:
Subitem-A: (R-2023-772) ADOPTED AS RESOLUTION R-314992
Resolution of the Council of the City of San Diego authorizing the transfer, appropriation, and expenditure of Community Parking District funding for Fiscal Year 2024 annual plans and budgets and related actions.
Subitem-B: (O-2023-167) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 11, 2023 Introduction of an Ordinance of the Council of the City of San Diego adjusting the parking meter zone and operating hours in the Pacific Beach Community Parking District.
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 Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Sustainability and Mobility: Krystal Ayala, (619) 236-7079 City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 10:06 AM
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, June 20, 2023
CONSENT MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 100: TransNet Local Street and Roads Program - 2023 Regional Transportation Improvement Program (RTIP) Amendment and Fiscal Years 2024 – 2028 Program of Projects.
Total Estimated Cost of Proposed Action and Funding Source:
Based on SANDAG’s TransNet Revenue Forecast revised on February 24, 2023, the City’s total TransNet Program for the next five years is $46,935,000 for Fiscal Year 2024, $43,745,000 for Fiscal Year 2025, $45,377,000 for Fiscal Year 2026, $46,914,000 for Fiscal Year 2027 and $48,407,000 for Fiscal Year 2028.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-793) ADOPTED AS RESOLUTION R-314993
Resolution to amend the 2023 Regional Transportation Improvement Program (RTIP) and FiveYear Program of Projects for Fiscal Year 2024 through Fiscal Year 2028, in compliance with San Diego Association of Governments (SANDAG) Board Policy No. 31.
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.
Transportation Department: Julio Canizal, (619) 235-5717 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:06 AM
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, June 20, 2023
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 101: Fiscal Year 2024 Recreation Center Fund Budgets, Fiscal Year 2024 Opportunity Fund Budget, and Recreation Equity Report 2023.
Total Estimated Cost of Proposed Action and Funding Source:
This item requests approval of the Fiscal Year 2024 Recreation Center Fund Budgets ($5,189,630) and the Opportunity Fund Budget ($400,000.) Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-740) ADOPTED AS RESOLUTION R-314994
Resolution of the Council of the City of San Diego Allocating Fiscal Year 2024 Park and Recreation Center Funds, Opportunity Fund Fees, and all related items.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on May 25, 2023.
ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Campillo, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campbell-yea, Elo-Rivera-yea, Campillo-yea, Whitburn-not present.
Parks & Recreation: Sarah Erazo, (619) 740-1627
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, June 20, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 102; Increase Not to Exceed Contract Authorization for Slurry Seal Groups 2324, 2325, & 2326.
Total Estimated Cost of Proposed Action and Funding Source:
An additional $2,498,650.00 from TransNet will supplement the previous RMRA allocations for FY 23 Slurry Seal Groups 2324, 2325 and 2326.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-791) ADOPTED AS RESOLUTION R-314995
Resolution determining that increasing the not-to-exceed amounts at which the Mayor is authorized to award contracts for Slurry Seal Groups 2324, 2325, and 2326 is categorically exempt from the California Environmental Quality Act under CEQA Guidelines section 15301(c).
Subitem B: (R-2023-792) ADOPTED AS RESOLUTION R-314996
Resolution increasing the not-to-exceed contract amounts at which the Mayor may execute contracts for Slurry Seal Groups 2324, 2325, and 2326, and related 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: Everett Hauser, (619) 533-3012 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, June 20, 2023
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 103: Settlement of Kenneth Webster v. City of San Diego, San Diego Superior Court No. 37-2022-00004131-CU-PO-CTL, Claim No. 28291.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $99,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-744) ADOPTED AS RESOLUTION R-314997
Resolution authorizing the settlement of Kenneth Webster v. City of San Diego, San Diego Superior Court Case No. 37-2022-00004131-CU-PO-CT, related to a claim for personal injuries sustained on February 1, 2022, as a result of bicycle accident on the 9700 block of Camino Del Sur in the City of San Diego. Risk Claim No. 28291.
Committee Actions Taken: N/A
Office of the City Attorney: Norma A. Morales, (619) 235-5794 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 104: Settlement of Property Damage Claim of Chhunean Pao, Claim No. 28138.
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, June 20, 2023
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $63,546.96 will be paid from Water Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-763) ADOPTED AS RESOLUTION R-314998
Resolution authorizing the settlement of a pre-litigation claim filed by Chhunean Pao alleging property damage stemming from a break in the City’s water main on October 6, 2021. Claim No. 28138.
Committee Actions Taken: N/A
Office of the City Attorney: Dave E. Abad, (619) 533-5821 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 105: Appointment and Reappointments to the Historical Resources Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 3.
Proposed Actions:
(R-2023-733) ADOPTED AS RESOLUTION R-314999
Resolution confirming the appointment of Rammy Cortez for a term ending March 1, 2024, the reappointment of Matthew Winter for a term ending March 1, 2024, and the reappointments of Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, June 20, 2023
Bruce Abrams, David McCullough, and Michael Taylor for terms ending March 1, 2025, to the Historical Resources 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 JOE LACAVA TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 106: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2023-380) ADOPTED AS RESOLUTION R-315000
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, June 20, 2023
Item 330: Update on the Redevelopment of City-Owned Real Property Located at 3220, 3240, 3250 and 3500 Sports Arena Boulevard (Midway Site).
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 2.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Penny Maus, (619) 236-7346 COUNCIL ACTION: Start Time: 2:02 PM
Item 331: Ordinance Adopting Updated SDPD Military Equipment Use Procedure, and Renewing Approval for Use, Funding, and Acquisition of Military Equipment, Pursuant to Assembly Bill 481.
Total Estimated Cost of Proposed Action and Funding Source:
The Police Department FY 2023 Budget allocated $ 1,249,044 toward military equipment expenditures from the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-159) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 11, 2023 Introduction of an Ordinance adopting the updated San Diego Police Military Equipment Use Procedure and renewing approval for use, pursuit of funding for, and acquisition of the military equipment described in the Procedure, pursuant to Assembly Bill 481.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on May 17, 2023.
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, June 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; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campillo-yea.
Police: Assistant Chief Sandra Albrektsen, (619) 531-2252 City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 4:11 PM
MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 332: This item was removed from the Agenda.
Item 333: Approval Authorizing the Acceptance, Appropriation, and Expenditure of Round 4 of the State of California Homeless Housing, Assistance, and Prevention Grant.
Total Estimated Cost of Proposed Action and Funding Source:
This item is to authorize the Mayor, or designee, to accept, appropriate, and expend HHAP-4 funds in an amount not-to-exceed $22,517,489.88.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-794) ADOPTED AS RESOLUTION R-315011
Resolution to accept, appropriate, and expend a Homeless Housing, Assistance, and Prevention Round 4 Grant from the California Interagency Council on Homelessness in the Business and Consumer Services and Housing Agency.
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Heather Ferbert
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, June 20, 2023
COUNCIL ACTION: Start Time: 4:40 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 334: Water Rate Adjustments, Cost of Service Study, and Proposition 218 Notice and Hearing.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of noticing all customers is approximately $100,000.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-798) ADOPTED AS RESOLUTION R-315012
Resolution determining that accepting the cost of service study, authorizing notice of a public hearing on proposed adjustments to water rates in accordance with Proposition 218, and setting a date for the public hearing is exempt from the California Environmental Quality Act under Section 15273 of the CEQA Guidelines.
Subitem-B: (R-2023-799 COR. COPY) ADOPTED AS RESOLUTION R-315013 Resolution accepting the cost of service study, authorizing notice of public hearing on proposed adjustments to water rates in accordance with Proposition 218, setting a date for the public hearing, and related actions.
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.
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, June 20, 2023
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Melissa D. Ables
COUNCIL ACTION: Start Time: 5:09 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 335: West Mission Bay Drive Bridge - Highway Infrastructure Program (HIP) Grant Budget Swap with Highway Bridge Program (HBP).
Total Estimated Cost of Proposed Action and Funding Source:
Please see staff report.
Council District(s) Affected: 2.
Proposed Actions:
(R-2023-797) ADOPTED AS RESOLUTION R-315002
Resolution authorizing the Mayor, or designee, to make applications to the California Department of Transportation (Caltrans) and take all necessary actions to secure grant funding in an amount not-to-exceed $19,715,548.60 for the purpose of constructing the West Mission Bay Drive Bridge;
Authorizing the Chief Financial Officer to accept, appropriate and expend Highway Infrastructure Program (HIP) grant funding in an amount not-to-exceed $19,715,548.60. This action will decrease Highway Bridge Program (HBP) grant funding by $19,715,548.60 and increase Highway Infrastructure Program (HIP) grant funding by an amount not to exceed $19,715,548.60 for a net zero increase within the Capital Improvement Program Budget, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.
Committee Actions Taken: N/A
Transportation Department: Julio Canizal, (619) 235-5717 City Attorney Contact: Ryan P. Gerrity
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, June 20, 2023
COUNCIL ACTION: Start Time: 10:58 AM
MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item 336: Authorization to Retain Outside Counsel and Enter into an Agreement with Nossaman, LLP to Provide Legal Services for the City’s Pure Water Program.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed LSA for $5,000,000 will be paid from Funds 700009, Metro Sewer CIP; 700010, Water Utility CIP Fund; 700001 Metro Sewer Fund; or 700011, Water Utility Operating Fund depending on if the work is capital in nature or eligible for loan proceeds.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-731 Cor. Copy) ADOPTED AS RESOLUTION R-315003
Resolution authorizing the retention of outside counsel and approve a Legal Services Agreement (LSA) with Nossaman, LLP to represent the City of San Diego in various matters related to the Pure Water Program.
Committee Actions Taken: N/A
Office of the City Attorney: Jon Taylor, (619) 235-5898 COUNCIL ACTION: Start Time: 11:11 AM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, June 20, 2023
Item 337: Appeal of the Historical Designation of the Mission Hills Branch Public Library (HRB #1384) Located at 925 West Washington Street.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost to the City associated with this item.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-823) DENIED THE APPEAL AND AFFIRMED THE HISTORICAL RESOURCES BOARD’S DESIGNATION; ADOPTED AS RESOLUTION R-315014
Appeal of the September 24, 2020 decision of the Historical Resources Board to designate the Mission Hills Branch Public Library located at 925 West Washington Street (HRB #1384) as a historical resource;
Granting or denying the appeal and affirming, reversing, or modifying the action of the Historical Resources Board to designate the Mission Hills Branch Public Library located at 925 West Washington Street;
Directing the City Attorney to prepare the appropriate Resolution according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Suzanne Segur, (619) 236-6139
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 2:51 PM
Public testimony by Clint Daniels, Ronald V. May, Barry Hager, Ione R. Stiegler, Michael Scott, Kerri Melucci, Sharon Gehl, Wesley Morgan, Susan Dean, Juli Hyde, Mary Brown, Dan Soderberg, Bruce Coons, Kiley Wallace, David Goldberg, Anna Dimartino, Janet O’Dea, Allen Hazard, Jennifer Machian, Patty Ducey-Brooks, Paul Henkin, The Truth, Shannon Togni, and Audra.
MOTION BY STEPHEN WHITBURN TO ADOPT THE RESOLUTION DENYING THE APPEAL AND AFFIRMING THE HISTORICAL RESOURCES BOARD’S DESIGNATION. Second by Marni von Wilpert.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, June 20, 2023
Yea: Joe LaCava, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A. Campillo; Nay: Jennifer Campbell, Vivian Moreno, Sean Elo-Rivera; Recused: (None);
Not Present: Monica Montgomery Steppe.
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
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
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, June 20, 2023
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].
NOTE: The following Proclamation was NOT presented in Council Chambers.
Item S500: Tisa Aguero Day.
MAYOR GLORIA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
APPROVED
Proclaiming June 23, 2023, to be “Tisa Aguero Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:35 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item S501: Approval of a Request for a Conflict-of-Interest Waiver from Nossaman LLP.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-748 Cor. Copy) ADOPTED AS RESOLUTION R-315001
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, June 20, 2023
Resolution granting the waiver of potential conflicts of interest requested by Nossaman LLP and consenting to Nossaman’s representation of AY Oil, Inc., in City of San Diego v. Eastgate Miramar Associates, et al., San Diego Superior Court Case No. 37-2018-00027801-CU-EI-CTL.
Committee Actions Taken: N/A
Office of the City Attorney: Jon Taylor, (619) 235-5898 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
Item S502: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Safe Parking Rose Canyon Expansion Project.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Chief Financial Officer to accept, appropriate, and expend County of San Diego Capital Emergency Housing Solutions Grant funds in an amount not-to-exceed $1,030,543 for CIP S23014 Rose Canyon Safe Parking project.
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2023-812) ADOPTED AS RESOLUTION R-315004
Resolution determining that authorizing the acceptance, appropriation, and expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Safe Parking Rose Canyon Expansion Project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301.
Subitem-B: (R-2023-811) ADOPTED AS RESOLUTION R-315005
Resolution authorizing the acceptance, appropriation, and expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Safe Parking Rose Canyon Expansion Project.
Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, June 20, 2023
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 11:21 AM
MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe, Kent Lee.
Item S503: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for The Alliance at the Old Central Library Program.
Total Estimated Cost of Proposed Action and Funding Source:
This item is to authorize the Mayor or designee to accept, appropriate, and expend County of San Diego Capital Emergency Housing Solutions Grant funds in an amount not-to-exceed $322,000 for The Alliance at the Old Central Library project.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-808) ADOPTED AS RESOLUTION R-315006
Resolution authorizing the acceptance, appropriation, and expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Old Central Library Program.
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 11:21 AM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, June 20, 2023
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe, Kent Lee.
Item S504: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Non-Congregate Bridge Housing Shelter for Seniors.
Total Estimated Cost of Proposed Action and Funding Source:
This item is to authorize the Mayor or designee to accept, appropriate, and expend County of San Diego Capital Emergency Housing Solutions Grant funds in an amount not-to-exceed $392,704.40 for the Non-Congregate Bridge Housing Shelter for Seniors project.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-802) ADOPTED AS RESOLUTION R-315007
Resolution determining that authorizing the acceptance, appropriation, and expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Non-Congregate Bridge Housing Shelter for Seniors Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (R-2023-801) ADOPTED AS RESOLUTION R-315008
Resolution authorizing the acceptance, appropriation, and expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Non-Congregate Bridge Housing Shelter for Seniors Project.
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 11:21 AM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, June 20, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe, Kent Lee.
Item S505: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Non-Congregate Shelter for Families.
Total Estimated Cost of Proposed Action and Funding Source:
This item is to authorize the Mayor or designee to accept, appropriate, and expend County of San Diego Capital Emergency Housing Solutions Grant funds in an amount not-to-exceed $350,367.93 for the Non-Congregate Shelter for Families project.
Council District(s) Affected: 8.
Proposed Actions:
Subitem-A: (R-2023-806) ADOPTED AS RESOLUTION R-315009
Resolution determining that authorizing the acceptance, appropriation, and expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Non-Congregate Shelter for Families Project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301.
Subitem-B: (R-2023-805) ADOPTED AS RESOLUTION R-315010
Resolution authorizing the acceptance, appropriation, and expenditure of the County of San Diego Capital Emergency Housing Solutions Grant for the Non-Congregate Shelter for Families Project.
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 11:21 AM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, June 20, 2023
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe, Kent Lee.
NOTE: The following Proclamation was NOT presented in Council Chambers.
Item S506: Debra Rosen Day.
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming June 22, 2023, to be “Debra Rosen Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:35 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Monica Montgomery Steppe.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:57 p.m.
COUNCIL ACTION: Start Time: 5:57 PM