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San Diego City Council
July 11, 2023

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July 11, 2023
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THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JULY 11, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 30: Teen Challenge of Southern California Day............................................................10 Item 50: Amendments to the San Diego Municipal Code to Expand the Board of Library Commissioners ..................................................................................................................10 Item 51: Amendments to the San Diego Municipal Code Relating to the City of San Diego Youth Commission.......................................................................................................................11 Item 52: This item was moved to Discussion as Item S500 ..................................................12 Item 53: First Amendment to Agreement with Mullen & Plummer APC to Provide Continued Legal Services as Panel Outside Counsel..............................................................................13 Item 54: Award of Temperature-Controlled Water System Franchise to Energy Center San Diego LLC..........................................................................................................................14 Item 55: Exemption of an Assistant to the Development Services Director and Three Program Coordinator Positions in the Development Services Department from the Classified Service.....15 Minutes of Tuesday, July 11, 2023 Page 2
Table of Contents (Continued)
Item 56: Community Parking Districts Fiscal Year 2024 Annual Plans and Budgets and Adjustment to the Pacific Beach Community Parking District Meter Zone................................16 Item 57: Ordinance Adopting Updated SDPD Military Equipment Use Procedure, and Renewing Approval for Use, Funding, and Acquisition of Military Equipment, Pursuant to Assembly Bill 481 ........................................................................................................................................17 Item 58: Request to Exempt Two Program Coordinator Positions in the Police Department from the Classified Service..........................................................................................................18 Item 59: Request to Exempt One Program Manager Position in the Police Department from the Classified Service ...............................................................................................................19 Item 60: Exemption of Assistant Deputy Director Position in the Transportation Department from the Classified Service..................................................................................................20 Item 61: Amendments to the Municipal Code to Repeal Inactive Boards ...............................21 Item 62: Exemption of Thirty-Two (32) Positions in the City of San Diego from Classified Service..............................................................................................................................23 Item 63: Fiscal Year 2024 Tax Rate Ordinance for the Maintenance of Zoological Exhibits.......... ........................................................................................................................................26 Item 64: General Plan Amendment, Community Plan Amendment, and Rezone for Exposition Way, Process Five Decision.................................................................................................27 Item 100: Accept a 43-Acre Land Donation Located in the East Elliott Area of San Diego (Assessor’s Parcel Numbers 366-081-03 and 366-081-50), from Tri Pointe Homes IE-SD, Inc., Dedicate the Land as an Open Space Preserve, and Add the Land to the City of San Diego’s Multiple Species Conservation Program................................................................................28 Item 101: Annual Special Tax Levy - Community Facilities Districts No. 2, No. 3, and No. 4 ....... ........................................................................................................................................29 Item 102: Adoption of Updated Animal Services Fee Schedule with San Diego Humane Society ........................................................................................................................................30 Item 103: Reappointments to the Commission on the Status of Women ...............................31 Item 104: Appointment to the Mission Bay Park Committee .................................................32 Item 330: Second Amendment to Agreement with Hurrell & Cantrall LLP to Provide Continued Legal Services as Panel Outside Counsel..............................................................................33 Minutes of Tuesday, July 11, 2023 Page 3
Table of Contents (Continued)
Item 331: First Amendment to Agreement with Buchalter APC to Provide Continuing Legal Services for Insurance Coverage Recovery on De Anza Matter and to Pursue Indemnification on the 101 Ash Matter ............................................................................................................34 Item S500: IBank Infrastructure State Revolving Fund Program Loan for the Miramar Landfill Organics Processing Facility Project.....................................................................................35 Item S501: Josh Hader and Juan Soto All-Star Day..............................................................36 Item S502: Side Letter Agreement Between the City of San Diego and the Deputy City Attorneys Association of San Diego Amending Appendix A (Salary Tables) of the Fiscal Year 2024 through Fiscal Year 2026 Memorandum of Understanding.............................................37 Item S503: Resolution Approving Side Letter Agreement Between the City of San Diego and California Teamsters Local 911 to Amend the Memorandum of Understanding Regarding the San Diego City Employees’ Retirement System (SDCERS) Interest Payment for Overpayment/Underpayment Due to Error by City or SDCERS ...............................................38 Item S504: Resolution Increasing the Hours of Floating Holidays for Eligible Unrepresented Employees.........................................................................................................................38 REPORT OUT FROM CLOSED SESSION................................................................................39 ADJOURNMENT .................................................................................................................40 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, July 11, 2023
CHRONOLOGY OF THE MEETING:

The meeting was called to order by Council President Elo-Rivera at 10:04 a.m. Council President Elo-Rivera recessed the meeting at 11:21 a.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 11:25 a.m. with all Councilmembers present.

The meeting was adjourned by Council President Elo-Rivera at 12:28 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 (Pursuant to California Government Code section 54953(f), participated remotely for just cause due to exposure to COVID-19 with no individual 18 years of age or older present in the room.)
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Fuentes (km)

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present-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
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, July 11, 2023

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Joy Sunyata commented on aging care.

COUNCIL ACTION: Start Time: 11:44 AM
PUBLIC COMMENT-2:

Chet Harrison commented on performance at Balboa Park.

COUNCIL ACTION: Start Time: 11:46 AM
PUBLIC COMMENT-3:

William Dorsett commented on San Diego Buskers and artists.

COUNCIL ACTION: Start Time: 11:49 AM
PUBLIC COMMENT-4:

Cat Pike commented on San Diego Buskers.

COUNCIL ACTION: Start Time: 11:51 AM
PUBLIC COMMENT-5:

Greg Breir commented on San Diego Buskers and artists.

COUNCIL ACTION: Start Time: 11:52 AM
PUBLIC COMMENT-6:

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, July 11, 2023
Eric Goodwin commented on San Diego Buskers and artists.

COUNCIL ACTION: Start Time: 11:53 AM
PUBLIC COMMENT-7:

Fabiana Costa commented on San Diego Buskers.

COUNCIL ACTION: Start Time: 11:55 AM
PUBLIC COMMENT-8:

Jesse Mock commented on Balboa Park Performing.

COUNCIL ACTION: Start Time: 11:58 AM
PUBLIC COMMENT-9:

Bob Kuczewski commented on Torrey Pines Gliderport.

COUNCIL ACTION: Start Time: 11:59 AM
PUBLIC COMMENT-10 (virtual):

Lori Saldaña commented on Coleen Cusack and Scott Dreyer.

COUNCIL ACTION: Start Time: 12:02 PM
PUBLIC COMMENT-11 (virtual):

Barbara Gordon commented on Mind Over Marijuana campaign.

COUNCIL ACTION: Start Time: 12:04 PM
PUBLIC COMMENT-12 (virtual):

Katrina Preece commented on marijuana and mental health.

COUNCIL ACTION: Start Time: 12:06 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, July 11, 2023
PUBLIC COMMENT-13 (virtual):

Truth commented on bike lanes and tap water.

COUNCIL ACTION: Start Time: 12:08 PM
PUBLIC COMMENT-14 (virtual):

Audra commented on Buskers, permits, and pride progress flag.

COUNCIL ACTION: Start Time: 12:10 PM
PUBLIC COMMENT-15 (virtual):

Blair Beekman commented on Artists and Buskers in San Diego Parks, smart streetlights, and Ukraine.

COUNCIL ACTION: Start Time: 12:12 PM
PUBLIC COMMENT-16 (virtual):

Peggy Walker commented on smoke free spaces.

COUNCIL ACTION: Start Time: 12:14 PM
PUBLIC COMMENT-17 (virtual):

John Stump commented on City Council.

COUNCIL ACTION: Start Time: 12:16 PM
PUBLIC COMMENT-18 (virtual):

Becky Rapp commented on marijuana.

COUNCIL ACTION: Start Time: 12:18 PM
PUBLIC COMMENT-19 (virtual):

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, July 11, 2023
Terry-Ann Skelly commented on tobacco and marijuana.

COUNCIL ACTION: Start Time: 12:20 PM
PUBLIC COMMENT-20 (virtual):

Dr. Mel the squid lady commented on Buskers and street performers.

COUNCIL ACTION: Start Time: 12:22 PM
PUBLIC COMMENT-21 (virtual):

Judi Strang commented on AB1207.

COUNCIL ACTION: Start Time: 12:24 PM
PUBLIC COMMENT-22 (virtual):

Unknown caller commented on 20th and B.

COUNCIL ACTION: Start Time: 12:26 PM

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

Interim City Clerk Fuentes commented on upgrading and adding detailed search feature that allows you to search by keyword for electronic filing system for Statements of Economic Interest in e-file SD our public access portal. You can visit the portal at efile.sandiego.gov.

Interim City Clerk Fuentes also stated that submissions for ballot measure proposals for March 5, 2024, are due to the City Clerk’s Office on Monday, July 17, 2023. Proposals may be submitted to [email protected].

COUNCIL ACTION: Start Time: 10:39 AM

SPECIAL ORDERS OF BUSINESS
None.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, July 11, 2023

APPROVAL OF COUNCIL MINUTES

APPROVED
06/06/2023
06/12/2023
06/13/2023 Special
COUNCIL ACTION: Start Time: 10:07 AM
MOTION BY SEAN ELO-RIVERA 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).

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

Item 30: Teen Challenge of Southern California Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming July 23, 2023, to be “Teen Challenge of Southern California Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:41 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Jennifer Campbell.

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).

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, July 11, 2023
Item 50: Amendments to the San Diego Municipal Code to Expand the Board of Library Commissioners.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-139) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 25, 2023 Introduction of an Ordinance amending Chapter 2, Article 6, Division 3 of the San Diego Municipal Code by amending Section 23.0301, relating to the Board of Library Commissioners.

Committee Actions Taken:

This item was heard at the Rules Committee meeting on June 7, 2023.

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

VOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-not present.

Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Marni von Wilpert.

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 51: Amendments to the San Diego Municipal Code Relating to the City of San Diego Youth Commission.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, July 11, 2023
There are no City expenditures being authorized with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-201) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 25, 2023 Introduction of an Ordinance amending Chapter 2, Article 6, Division 16 of the San Diego Municipal Code by amending Sections 26.1602 and 26.1604, relating to the City of San Diego Youth Commission.

Committee Actions Taken:

This item was heard at the Rules Committee meeting on June 7, 2023.

Motion by Committee Member Lee, second by Committee Member LaCava, to recommend Council approval of staff's proposed actions with a request to further amend San Diego Municipal Code section 26.1604 to change who shall serve as liaison to the City of San Diego Youth Commission from a member of the City Council, or designee, to the Mayor, or designee.

VOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-not present.

Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Marni von Wilpert.

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 52: This item was moved to Discussion as Item S500.

Item 53: First Amendment to Agreement with Mullen & Plummer APC to Provide Continued Legal Services as Panel Outside Counsel.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, July 11, 2023
Total Estimated Cost of Proposed Action and Funding Source:

No funding is requested as part of this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-199) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 25, 2023 Introduction of an Ordinance authorizing a First Amendment to the legal services agreement (LSA) with Mullen & Plummer APC to increase the total amount of time under the contract beyond five years, for a period not-to-exceed seven years. The increase of two years is necessary to continue work Mullen & Plummer APC is performing on behalf of the City, which involves defending the City and from a workers’ compensation claim in which the claimant, in propria persona, alleged fraud in discovery matters against the City. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Office of the City Attorney: Diana Adams, (619) 533-5849 COUNCIL ACTION: Start Time: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Marni von Wilpert.

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 54: 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.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, July 11, 2023
Proposed Actions:

Adopt the following Ordinance which was introduced on 6/20/2023, Item 50 (Council voted 8-0, Council President Pro Tem Montgomery Steppe-not present):
(O-2023-177) ADOPTED AS ORDINANCE O-21676 (New Series)
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.

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: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

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 55: 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:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, July 11, 2023
These positions are included in the Fiscal Year 2024 Proposed Budget.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 6/20/2023, Item 51 (Council voted 8-0, Council President Pro Tem Montgomery Steppe-not present):
(O-2023-171) ADOPTED AS ORDINANCE O-21677 (New Series)
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
COUNCIL ACTION: Start Time: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

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 56: 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:

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, July 11, 2023
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:

Adopt the following Ordinance which was introduced on 6/20/2023, Item 60, Subitem-B (Council voted 8-0, Council President Pro Tem Montgomery Steppe-not present):
(O-2023-167) ADOPTED AS ORDINANCE O-21678 (New Series)
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: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

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).

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, July 11, 2023
Item 57: 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:

Adopt the following Ordinance which was introduced on 6/20/2023, Item 331 (Council voted 8- 0, Council President Pro Tem Montgomery Steppe-not present):
(O-2023-159) ADOPTED AS ORDINANCE O-21679 (New Series)
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.

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: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

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).

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, July 11, 2023
Item 58: Request to Exempt Two Program Coordinator Positions in the Police Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

Please see staff report.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 6/27/2023, Item 50 (Council voted 6-3, Council President Pro Tem Montgomery Steppe, Councilmember Moreno, Council President EloRivera-nay):
(O-2023-157) ADOPTED AS ORDINANCE O-21680 (New Series)
Ordinance authorizing the exemption of two Program Coordinator positions in the City's Police Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 7, 2023. The first Program Coordinator position will oversee the Data Analysis Section of the Information Services Division. The second Program Coordinator position will oversee the Investigative Support Section of the Information Services Division. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Police: Silvia Satrom, (619) 531-2109
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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;
Nay: Monica Montgomery Steppe, Vivian Moreno, Sean Elo-Rivera; Recused: (None);
Not Present: (None).

Item 59: Request to Exempt One Program Manager Position in the Police Department from the Classified Service.

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, July 11, 2023
Total Estimated Cost of Proposed Action and Funding Source:

Please see staff report.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 6/27/2023, Item 51 (Council voted 6-3, Council President Pro Tem Montgomery Steppe, Councilmember Moreno, Council President EloRivera-nay):
(O-2023-158) ADOPTED AS ORDINANCE O-21681 (New Series)
Ordinance authorizing the exemption of a Program Manager position in the City's Police Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 7, 2023. The position will oversee, develop, manage, and execute a communications strategy for the Department related to community engagement and other matters. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Police: Silvia Satrom, (619) 531-2109
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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;
Nay: Monica Montgomery Steppe, Vivian Moreno, Sean Elo-Rivera; Recused: (None);
Not Present: (None).

Item 60: Exemption of Assistant Deputy Director Position in the Transportation Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The cost of this position is offset by vacancy savings for FY2024.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, July 11, 2023
Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 6/27/2023, Item 52 (Council voted 6-3, Council President Pro Tem Montgomery Steppe, Councilmember Moreno, Council President EloRivera-nay):
(O-2023-197) ADOPTED AS ORDINANCE O-21682 (New Series)
Ordinance authorizing the exemption of an Assistant Deputy Director position in the City's Transportation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This position will be responsible for overseeing the Roadways Section of the Street Division and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Transportation Department: Bethany Bezak, (619) 527-3173 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. 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;
Nay: Monica Montgomery Steppe, Vivian Moreno, Sean Elo-Rivera; Recused: (None);
Not Present: (None).

Item 61: Amendments to the Municipal Code to Repeal Inactive Boards.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: Outside of City limits.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, July 11, 2023
Adopt the following Ordinance which was introduced on 6/27/2023, Item 53 (Council voted 9-0):
(O-2023-180) ADOPTED AS ORDINANCE O-21683 (New Series)
Ordinance amending Chapter 2, Article 6, Division 00 of the San Diego Municipal Code by repealing sections 26.09, 26.10, 26.15, 26.17, and 26.33; amending Chapter 2, Article 6 by repealing Division 13, Sections 26.1301, 26.1302, and 26.1303; amending Chapter 2, Article 6 by repealing Division 14, Sections 26.1401, 26.1402, and 26.1403; amending Chapter 2, Article 6 by repealing Division 34, Section 26.3401; amending Chapter 9, Article 8, Division 1 by repealing Section 98.0105; and retitling and amending Chapter 9, Article 8, Division 3 by repealing section 98.0302, relating to repealing inactive advisory boards.

Committee Actions Taken:

This item was heard at the Rules Committee meeting on June 7, 2023.

ACTION: Motion by Council President Elo-Rivera, second by Committee Member Lee to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-not present.

Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

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 62: Exemption of Thirty-Two (32) Positions in the City of San Diego from Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

All Thirty-Two (32) are included in the Fiscal Year 2024 Adopted Budget.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, July 11, 2023
Proposed Actions:

Adopt the following Ordinances which were introduced on 6/27/2023, Item 54, Subitem-A, Subitem-B, Subitem-C, Subitem-D, Subitem-E, Subitem-F, Subitem-G, Subitem-H, Subitem-I, Subitem-J, Subitem-K, Subitem-L, Subitem-M, Subitem-N, and Subitem-O (Council voted 9-0):

Subitem-A: (O-2023-181) ADOPTED AS ORDINANCE O-21684 (New Series) Ordinance authorizing the exemption of one Program Coordinator position in the City's Compliance Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-B: (O-2023-182) ADOPTED AS ORDINANCE O-21685 (New Series) Ordinance authorizing the exemption of an Assistant Deputy Director and a Program Coordinator position in the City's Department of Information Technology from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023.

This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-C: (O-2023-183) ADOPTED AS ORDINANCE O-21686 (New Series) Ordinance authorizing the exemption of a Program Coordinator position in the City's Department of Real Estate and Airport Management from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-D: (O-2023-184) ADOPTED AS ORDINANCE O-21687 (New Series) Ordinance authorizing the exemption of a Program Coordinator position in the City's Economic Development Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-E: (O-2023-185) ADOPTED AS ORDINANCE O-21688 (New Series) Ordinance authorizing the exemption of a Program Manager position in the City's Engineering and Capital Projects Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-F: (O-2023-186) ADOPTED AS ORDINANCE O-21689 (New Series) Ordinance authorizing the exemption of an Assistant Deputy Director and a Program Manager position in the City's Environmental Services Department from the Classified Service, based on Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, July 11, 2023
advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-G: (O-2023-187) ADOPTED AS ORDINANCE O-21690 (New Series) Ordinance authorizing the exemption of an Assistant Department Director position in the City's General Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-H: (O-2023-188) ADOPTED AS ORDINANCE O-21691 (New Series) Ordinance authorizing the exemption of two Program Manager and four Program Coordinator positions in the City's Human Resources Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-I: (O-2023-189) ADOPTED AS ORDINANCE O-21692 (New Series) Ordinance authorizing the exemption of a Deputy Director and a Program Manager position in the City's Parks and Recreation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-J: (O-2023-190) ADOPTED AS ORDINANCE O-21693 (New Series) Ordinance authorizing the exemption of a Program Coordinator position in the City's Performance and Analytics Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-K: (O-2023-191) ADOPTED AS ORDINANCE O-21694 (New Series) Ordinance authorizing the exemption of a Program Coordinator position in the City's Personnel Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-L: (O-2023-192) ADOPTED AS ORDINANCE O-21695 (New Series) Ordinance authorizing the exemption of an Assistant Police Chief position in the City's Police Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-M: (O-2023-193) ADOPTED AS ORDINANCE O-21696 (New Series) Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, July 11, 2023
Ordinance authorizing the exemption of two Program Manager and six Program Coordinator positions in the City's Public Utilities Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-N: (O-2023-194) ADOPTED AS ORDINANCE O-21697 (New Series) Ordinance authorizing the exemption of a Program Manager and two Program Coordinator positions in the City's Transportation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Subitem-O: (O-2023-195) ADOPTED AS ORDINANCE O-21698 (New Series) Ordinance authorizing the exemption of a Program Manager position in the City's Sustainability and Mobility Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Department of Finance: Christopher Purcell, (619) 236-6775 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Marni von Wilpert.

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 63: Fiscal Year 2024 Tax Rate Ordinance for the Maintenance of Zoological Exhibits.

Total Estimated Cost of Proposed Action and Funding Source:

Funding is appropriated in the Fiscal Year 2024 Adopted Budget for Zoological Exhibits Maintenance in the amount of $19,490,501.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, July 11, 2023
Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 6/27/2023, Item 331 (Council voted 8- 0, Councilmember von Wilpert-not present):
(O-2023-174) ADOPTED AS ORDINANCE O-21699 (New Series)
Ordinance fixing the rate of taxation to maintain zoological exhibits in Balboa Park for Fiscal Year 2024.

Committee Actions Taken: N/A
Department of Finance: Vanessa Montenegro, (619) 533-6169 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

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 64: General Plan Amendment, Community Plan Amendment, and Rezone for Exposition Way, Process Five Decision.

Total Estimated Cost of Proposed Action and Funding Source:

All costs associated with the processing of this project are recovered through a deposit account funded by the applicant.

Council District(s) Affected: 8.

Proposed Actions:

Adopt the following Ordinance which was introduced on 6/27/2023, Item 334, Subitem-C (Council voted 8-0, Councilmember von Wilpert-not present):

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, July 11, 2023
(O-2023-178) ADOPTED AS ORDINANCE O-21700 (New Series)
Ordinance changing 2.01 acres located within the Otay Mesa Community Plan area from the CN1-2 (Commercial-Neighborhood) zone into the Il-2-1 (Industrial-Light) zone.

Committee Actions Taken: N/A
Development Services: Oscar Galvez III, (619) 446-5237
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 10:11 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

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 100: Accept a 43-Acre Land Donation Located in the East Elliott Area of San Diego (Assessor’s Parcel Numbers 366-081-03 and 366-081-50), from Tri Pointe Homes IE-SD, Inc., Dedicate the Land as an Open Space Preserve, and Add the Land to the City of San Diego’s Multiple Species Conservation Program.

Total Estimated Cost of Proposed Action and Funding Source:

Costs associated with this action will be absorbed within Mission Trails Regional Park’s existing operations budget.

Council District(s) Affected: 7.

Proposed Actions:
(R-2023-835) ADOPTED AS RESOLUTION R-315028
Resolution authorizing the Mayor to accept the donation of 43 acres of undeveloped real property in the East Elliott area of San Diego from Tri Pointe Homes IE-SD, Inc.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on June 15, 2023.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, July 11, 2023
ACTION: Motion by Vice-Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff's proposed actions.

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

Department of Real Estate and Airport Management: Brenda Chilvers, (619) 236-6062 City Attorney Contact: Julie Gough Inman
COUNCIL ACTION: Start Time: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

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 101: Annual Special Tax Levy - Community Facilities Districts No. 2, No. 3, and No. 4.

Total Estimated Cost of Proposed Action and Funding Source:

Please see Staff Report.

Council District(s) Affected: 2, 5.

Proposed Actions:

Subitem-A: (R-2023-826) ADOPTED AS RESOLUTION R-315029
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 2.

Subitem-B: (R-2023-827) ADOPTED AS RESOLUTION R-315030
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 3.

Subitem-C: (R-2023-828) ADOPTED AS RESOLUTION R-315031
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 4.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, July 11, 2023
Committee Actions Taken: N/A
Debt Management: Marisol Valdovinos, (619) 533-4071
City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

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 102: Adoption of Updated Animal Services Fee Schedule with San Diego Humane Society.

Total Estimated Cost of Proposed Action and Funding Source:

Projected annual fees collected for services outlined in the fee schedule are factored into the City’s overall annual costs. Not adopting the updated fee schedule could result in higher contract costs to the City in future years.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-837 Cor. Copy) ADOPTED AS RESOLUTION R-315032
Resolution approving the updated Animal Services Fee Schedule with the San Diego Humane Society related to providing animal services and goods.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee on June 21, 2023.

ACITON: Motion by Chair Montgomery Steppe, second by Vice-Chair Moreno, to recommend Council approval of staff's proposed actions with an amendment to update the supporting documents of the item to include detailed responses to factors identified in Council Policy 100-05 section C, before the item is brought to full council.

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

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, July 11, 2023
Parks & Recreation: Tim Graham, (619) 525-8226
City Attorney Contact: Catherine Morrison
COUNCIL ACTION: Start Time: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

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 103: Reappointments to the Commission on the Status of Women.

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, 7.

Proposed Actions:
(R-2023-790) ADOPTED AS RESOLUTION R-315033
Resolution confirming the Mayor's reappointments of Laurie Black, Dr. Lakeya Cherry, Susan Davis, Joy Utomi Hartmann, Sophie Tarazi, and Natasha Wong to the Commission on the Status of Women for terms ending March 1, 2025.

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: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

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 29 for the Regular Meeting of Tuesday, July 11, 2023
Recused: (None);
Not Present: (None).

Item 104: Appointment to the Mission Bay Park Committee.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1.

Proposed Actions:
(R-2023-742) ADOPTED AS RESOLUTION R-315034
Resolution confirming the Mayor's appointment of Julie Roland to the Mission Bay Park Committee for a term ending June 30, 2025.

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: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

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 330: Second Amendment to Agreement with Hurrell & Cantrall LLP to Provide Continued Legal Services as Panel Outside Counsel.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed Second Amendment to the LSA is for an increase of $300,000, for a contract total amount not-to-exceed $850,000. Funding will come from the Public Liability Fund.

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, July 11, 2023
Council District(s) Affected: Citywide.

Proposed Actions:
(O-2023-198) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 25, 2023 Introduction of an Ordinance authorizing a Second Amendment to the legal services agreement (LSA) with the Law Firm to increase the total amount of time under the contract beyond five years, for a period not-to-exceed six years, and increase the total not-to-exceed amount to $850,000 from $550,000.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-6370 COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

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

Item 331: First Amendment to Agreement with Buchalter APC to Provide Continuing Legal Services for Insurance Coverage Recovery on De Anza Matter and to Pursue Indemnification on the 101 Ash Matter.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed retention of Law Firm to provide legal services will be for up to a five-year term (expiring June 25, 2026) or the completion of the scope of services, whichever is first, for an amount not-to-exceed $1,400,000 from $600,000 ($450,000 for the De Anza Matter and $350,000 for the 101 Ash Matter, for a total amount of $800,000. Funds expended under this agreement will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, July 11, 2023
(R-2023-818) ADOPTED AS RESOLUTION R-315038
Resolution authorizing the First Amendment to Agreement with Buchalter APC to Provide Continuing Legal Services for Insurance Coverage Recovery on De Anza Matter and to pursue indemnification on the 101 Ash Matter.

Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-6370 COUNCIL ACTION: Start Time: 11:04 AM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

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

Item S500: IBank Infrastructure State Revolving Fund Program Loan for the Miramar Landfill Organics Processing Facility Project.

Total Estimated Cost of Proposed Action and Funding Source:

Please see the "Fiscal Considerations" section of the Staff Report.

Council District(s) Affected: 6.

Proposed Actions:
(O-2023-200) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 25, 2023 Introduction of an Ordinance authorizing the application for, and incurrence of, a loan in a maximum principal amount not-to-exceed $40.0 million from the California Infrastructure and Economic Development Bank to finance an Organics Processing Facility at the Miramar Landfill, and approving certain other matters in connection therewith. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, July 11, 2023
This item was heard at the Budget and Government Efficiency Committee meeting on June 21, 2023.

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

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

Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 11:25 AM
MOTION BY MONICA MONTGOMERY STEPPE TO INTRODUCE. 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);
Recused: (None);
Not Present: (None).

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

Item S501: Josh Hader and Juan Soto All-Star Day.

COUNCILMEMBER WHITBURN AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming July 11, 2023, to be “Josh Hader and Juan Soto All-Star Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:41 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Jennifer Campbell.

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).

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, July 11, 2023
Item S502: Side Letter Agreement Between the City of San Diego and the Deputy City Attorneys Association of San Diego Amending Appendix A (Salary Tables) of the Fiscal Year 2024 through Fiscal Year 2026 Memorandum of Understanding.

Total Estimated Cost of Proposed Action and Funding Source:

There are no fiscal impacts associated with this item.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-4) ADOPTED AS RESOLUTION R-315035
Resolution approving a Side Letter Agreement between the City of San Diego and the Deputy City Attorneys Association amending Appendix A of the Fiscal Year 2024 through Fiscal Year 2026 Memorandum of Understanding.
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: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

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 S503: Resolution Approving Side Letter Agreement Between the City of San Diego and California Teamsters Local 911 to Amend the Memorandum of Understanding Regarding the San Diego City Employees’ Retirement System (SDCERS) Interest Payment for Overpayment/Underpayment Due to Error by City or SDCERS.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, July 11, 2023
There is no known additional fiscal impact as a result of this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-2) ADOPTED AS RESOLUTION R-315036
Resolution approving a Side Letter Agreement between the City of San Diego and California Teamsters Local 911 related to payment of interest to the San Diego City Employees' Retirement Association.
6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Scott Harris, (619) 707-0653
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

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 S504: Resolution Increasing the Hours of Floating Holidays for Eligible Unrepresented Employees.

Total Estimated Cost of Proposed Action and Funding Source:

The fiscal impact for Fiscal Year 2024 is included in the adopted budget for each respective department and fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-849) ADOPTED AS RESOLUTION R-315037
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, July 11, 2023
Resolution increasing the hours of floating holidays for eligible unrepresented City employees.

Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 218-7439
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:11 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

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).

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, July 11, 2023

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 12:28 p.m.

COUNCIL ACTION: Start Time: 12:28 PM

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