Minutes — San Diego City Council, September 12, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, SEPTEMBER 12, 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 ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS .........................................................................................10 APPROVAL OF COUNCIL MINUTES ......................................................................................10 Item 30: Sushi Deli Day.....................................................................................................11 Item 31: 92123 Day..........................................................................................................11 Item 32: Childhood Cancer Awareness Month .....................................................................12 Item 33: National Service Dog Month .................................................................................12 Item 34: Bandar Restaurant Day........................................................................................13 Item 35: Linda Vista Second Baptist Church 80th Anniversary Day........................................13 Item 50: Authorization to Execute Third Amendment to Agreement with Tablet Command.....14 Item 51: Exemption of Three Program Coordinator Positions in the Department of Information Technology from the Classified Service................................................................................15 Item 52: First Amendment to the Agreement with Kennedy/Jenks Consultants, Inc. (Kennedy/Jenks) for Professional Services for the Design and Construction Support, Contract# H166752, of Alvarado 2nd Extension Pipeline.......................................................................16 Minutes of Tuesday, September 12, 2023 Page 2
Table of Contents (Continued)
Item 53: First Amendment to the Settlement with San Diego Coastkeeper and Coastal Environmental Rights Foundation Regarding Statewide Industrial Storm Water Permit Order No. 2014-0057-DWQ................................................................................................................17 Item 54: Exemption of an Assistant Deputy Director, a Principal Accountant and a Program Coordinator Position in the Development Services Department from the Classified Service ......18 Item 55: First Amendment to the Consulting Agreement with Adam Frank Incorporated for the Presidio Public Art Project (H176944) ..................................................................................20 Item 56: Award Amendment #1 to Contract H207152 to Blue Lake Civil for the Design and Construction Support Services of AC Water and Sewer Group Job 1033 .................................21 Item 57: Bella Mar Apartments – Project No. 631240 ..........................................................22 Item 58: First Amendment to the Consulting Agreement with Reigelman LLC for the East Village Green Public Art Project (H166768) ..........................................................................23 Item 59: First Amendment to Cooperative Procurement Contract with Dell Marketing, L.P. for Microsoft Software, Subscriptions, and Services ...................................................................25 Item 60: An Ordinance Exempting One Program Coordinator Position in the Library Department from the Classified Service..................................................................................................26 Item 61: City of San Diego Public Right-of-Way Traffic Control Worker Protections ................27 Item 62: Second Amendment to Agreement with Jones & Mayer to Provide Continued Legal Services as Panel Outside Counsel.......................................................................................28 Item 63: An Ordinance Allowing One Additional 180-Day Extension for Building Permit Applications.......................................................................................................................29 Item 100: Award Construction Contract to Orion Construction Corporation for the Morena Dam Spillway Repair Project .......................................................................................................30 Item 101: Award Construction Contract to Orion Construction Corporation for the El Capitan Dam Spillway Near Term Repair Project (Bid No. K-23-2126-DBB-3) ......................................31 Item 102: Award of Agreement with SWT Engineering, Inc. for As-Needed Landfill Engineering and Environmental Consulting Services, H2226092...............................................................32 Item 103: Adopting the 2023 Update to the San Diego County Multi-Jurisdiction Hazard Mitigation Plan...................................................................................................................33 Item 104: Declare Approximately 27,670 Square Feet of the Crystal Pier Structure "Exempt Surplus Land" Pursuant to California Government Code Section 54221(f)(1)(H) ......................34 Minutes of Tuesday, September 12, 2023 Page 3
Table of Contents (Continued)
Item 105: Pump Station 1 and 2 Improvements and Modernization Project ...........................36 Item 106: Ronald Turner and Ruthellen Nackman v. City of San Diego, et al. San Diego Superior Court Case No. 37-2023-00016249-CU-EI-CTL, Claim No 25047...............................37 Item 107: Appointments and Reappointment to the Municipal Golf Committee ......................38 Item 108: Appointment and Reappointments to the Accessibility Advisory Board ...................38 Item 109: Appointment and Reappointments to the Consolidated Plan Advisory Board...........39 Item 110: Reappointment to the Commission on Gang Prevention and Intervention ..............40 Item 111: Resolution Excusing Councilmember Raul Campillo from City Council and Committee Meetings ...........................................................................................................................41 Item 330: Application and Acceptance of $2,000,000 in Grant Funds for Restoration of the Camino De La Costa Stairs..................................................................................................42 Item 331: Creation of Underground Utility Districts for Normal Heights (3DD), Jamacha-Lomita (4Y1), and Egger Highlands (8R1) and the Adoption of Final Mitigated Negative Declaration for the FY16 Allocation Undergrounding Utility Districts (Project No. 463483).................................. ........................................................................................................................................43 Item S500: Settlement of Kekoa Young v. City of San Diego, et al.: SDSC 37-2020-00017371- CU-PA-CTL, Claim No. 23099 ..............................................................................................45 Item S501: Settlement of Elante Shine v. City of San Diego, et al., United States District Court No. 20cv2036-LAB-DEB, Claim No. 25137 ............................................................................45 Item S502: Settlement of Enrique Rios v. City of San Diego, et al., San Diego Superior Court No. 37-2021-00006880-CU-PA-CTL, Claim No. 25661 ...........................................................46 Item S503: Settlement of James Johnson v. City of San Diego; San Diego Superior Court No. 37-2021-0000027982-CU-OE-CTL, Claim No. 26819 .............................................................47 Item S504: The Gap Minders Day.......................................................................................48 REPORT OUT FROM CLOSED SESSION................................................................................48 ADJOURNMENT .................................................................................................................50 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, September 12, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Pro Tem Montgomery Steppe at 10:01 a.m. The meeting was recessed by Council President Pro Tem Montgomery Steppe at 11:17 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Pro Tem Montgomery Steppe at 2:00 p.m. with Councilmember Lee and Council President Elo-Rivera not present. Councilmember Lee arrived to the meeting at 2:06 p.m. The meeting was adjourned by Council President Pro Tem Montgomery Steppe at 2:23 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

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

CD-9 Council President Sean Elo-Rivera - (Excused by Resolution R-315090, due to family leave)
CITY CLERK:

Fuentes (km/cp)

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-not present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, September 12, 2023

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

David Stuckey commented on Delaware North non-profit fraud Petco Park.

COUNCIL ACTION: Start Time: 10:45 AM
PUBLIC COMMENT-2:

Becky Hostetter commented on street vending.

COUNCIL ACTION: Start Time: 10:47 AM
PUBLIC COMMENT-3:

David Engle commented on Rodeo at Petco Park.

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

Margarita Beliah commented on Rodeo at Petco Park.

COUNCIL ACTION: Start Time: 10:52 AM
PUBLIC COMMENT-5:

United States Supreme Court Case No. 5271848 commented on United States Supreme Court Case No. Amendment I.

COUNCIL ACTION: Start Time: 10:54 AM
PUBLIC COMMENT-6:

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, September 12, 2023
William Dorsett commented on expressive activities.

COUNCIL ACTION: Start Time: 10:56 AM
PUBLIC COMMENT-7:

Bob Kuczewski commented on Torrey Pines.

COUNCIL ACTION: Start Time: 10:58 AM
PUBLIC COMMENT-8 (virtual):

Terri-Ann Skelly commented on vaping.

COUNCIL ACTION: Start Time: 11:01 AM
PUBLIC COMMENT-9 (virtual):

Becky Rapp commented on cannabis and mental health.

COUNCIL ACTION: Start Time: 11:03 AM
PUBLIC COMMENT-10 (virtual):

Diane Grace commented on marijuana advertisement.

COUNCIL ACTION: Start Time: 11:05 AM
PUBLIC COMMENT-11 (virtual):

Liliana Soriano Garista commented on expansion of Free4me menstrual equity pilot program.

COUNCIL ACTION: Start Time: 11:07 AM
PUBLIC COMMENT-12 (virtual):

Dan Smiechowski thanked Councilmember Campillo.

COUNCIL ACTION: Start Time: 11:08 AM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, September 12, 2023
PUBLIC COMMENT-13 (virtual):

Kelly McCormick commented on cannabis and pregnancy.

COUNCIL ACTION: Start Time: 11:09 AM
PUBLIC COMMENT-14 (virtual):

Terrie Best commented on cannabis.

COUNCIL ACTION: Start Time: 11:12 AM
PUBLIC COMMENT-15 (virtual):

Blair Beekman commented on 9/11.

COUNCIL ACTION: Start Time: 11:13 AM
PUBLIC COMMENT-16 (virtual):

Samantha commented on Rodeo at Petco Park.

COUNCIL ACTION: Start Time: 11:15 AM
PUBLIC COMMENT-17 (virtual):

Maya De La Torre commented on expansion of Free4me menstrual equity pilot program.

COUNCIL ACTION: Start Time: 11:16 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:

Councilmember Campillo mentioned there’s been anti-Semitic flyers in District 7. He encouraged anyone receiving these flyers to contact their Community Relations Officer, which can be located by searching Community Relations Officer on the City’s website.

Councilmember Campillo thanked those working to ensure the safety of the communities. He wished the Jewish community a Happy Rosh Hashanah.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, September 12, 2023
COUNCIL ACTION: Start Time: 10:23 AM
COUNCIL COMMENT-2:

Councilmember LaCava announced that on August 30th Library and Parks and Recreation staff have installed 48 product menstrual dispensers in City facilities as part of the Free4me Pilot Program. He thanked Dr. Joelle Donofrio-Odmann, MidCity Care, Planned Parenthood and the many other organizations that helped make this possible.

COUNCIL ACTION: Start Time: 10:24 AM
COUNCIL COMMENT-3:

Councilmember Campbell thanked Councilmember Campillo for standing up against antisemitism. She also thanked Council President Pro Tem Montgomery Steppe for her words noting we are unified in our city. Councilmember Campbell encouraged us to stand up for each other.

COUNCIL ACTION: Start Time: 10:25 AM
COUNCIL COMMENT-4:

Councilmember von Wilpert thanked Councilmember Campillo for his leadership. She stated there is no place for hate in our City and sorry for all the District 7 residents who have been dealing with these hate flyers. Councilmember von Wilpert wished everyone a Happy Rosh Hashanah.

COUNCIL ACTION: Start Time: 10:26 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
7/10/2023
7/11/2023
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, September 12, 2023
7/17/2023
7/18/2023
7/24/2023
7/25/2023
COUNCIL ACTION: Start Time: 10:03 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. 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;
Nay: (None);
Recused: (None);
Not Present: Sean Elo-Rivera.

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

Item 30: Sushi Deli Day.

MAYOR GLORIA AND COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Proclaiming September 12, 2023, to be “Sushi Deli Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:26 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 31: 92123 Day.

MAYOR GLORIA AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, September 12, 2023
Proclaiming September 21, 2023, to be “92123 Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:26 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 32: Childhood Cancer Awareness Month.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming September 2023, to be “Childhood Cancer Awareness Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:26 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 33: National Service Dog Month.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming September 2023, to be “National Service Dog Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:26 AM
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, September 12, 2023
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 34: Bandar Restaurant Day.

COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Proclaiming September 12, 2023, to be “Bandar Restaurant Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:26 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 35: Linda Vista Second Baptist Church 80th Anniversary Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming September 17, 2023, to be “Linda Vista Second Baptist Church 80th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:26 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Kent Lee.

Passed by the following vote:

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

Item 50: Authorization to Execute Third Amendment to Agreement with Tablet Command.

Total Estimated Cost of Proposed Action and Funding Source:

The cost of software licenses is estimated to be $111,000 annually, which is budgeted in the department's General Fund. Approximately one-third of this amount is reimbursed annually by our Fire Metro Zone Partners.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-14 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 26, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to approve the Third Amendment to the Agreement with Tablet Command, Inc. for emergency incident management application services.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on July 19, 2023.

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

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

Fire-Rescue: John Wood, Assistant Fire Chief, (619) 533-4302 City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno;
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, September 12, 2023
Nay: (None);
Recused: (None);
Not Present: Sean Elo-Rivera.

Item 51: Exemption of Three Program Coordinator Positions in the Department of Information Technology from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact with this action. These positions are included in the Fiscal Year 2024 Adopted Budget within fund 200448, GIS Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-12) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 26, 2023 Introduction of an Ordinance authorizing the exemption of three Program Coordinator positions 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 July 6, 2023. These positions will be responsible for managing the Citywide Geographic Information System (GIS) licensing, infrastructure, and data editing environments. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, September 12, 2023
Item 52: First Amendment to the Agreement with Kennedy/Jenks Consultants, Inc. (Kennedy/Jenks) for Professional Services for the Design and Construction Support, Contract# H166752, of Alvarado 2nd Extension Pipeline.

Total Estimated Cost of Proposed Action and Funding Source:

The contract funding phases in the amount not-to-exceed $9,376,110; of which $748,612 is for Phase III, and $3,232,917 is for all subsequent phases in CIP S-12013, Alvarado 2nd Extension Pipeline, Water Utility CIP. Total Amendment amount of $3,981,529.

Council District(s) Affected: 2, 7.

Proposed Actions:

Adopt the following Ordinance which was introduced on 7/25/2023, item 50 (Council voted 9-0):
(O-2023-207) ADOPTED AS ORDINANCE O-21713 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute a first amendment to Contract H166752 with Kennedy/Jenks Consultants, Inc. for professional engineering services for design and construction support for the Alvarado 2nd Extension Pipeline project. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on June 21, 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: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM

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

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, September 12, 2023
Not Present: Sean Elo-Rivera.

Item 53: First Amendment to the Settlement with San Diego Coastkeeper and Coastal Environmental Rights Foundation Regarding Statewide Industrial Storm Water Permit Order No. 2014-0057-DWQ.

Total Estimated Cost of Proposed Action and Funding Source:

The first amendment to the settlement agreement caps the monitoring fees up to $25,000 per year during the settlement term, with stipulated payments of $1,000 for each missed reporting deadline, to be funded by the Metro Sewer Utility Fund.

Council District(s) Affected: 1, 2, 6, 8.

Proposed Actions:

Adopt the following Ordinance which was introduced on 7/25/2023, Item 51 (Council voted 9- 0):
(O-2023-209 Cor. Copy 2) ADOPTED AS ORDINANCE O-21714 (New Series) Ordinance authorizing the Mayor, or his designee, to enter into an Amended Consent Decree, and to approve further amendments, provided the amendment only extend the date for the City to meet its compliance obligations, in the matter of San Diego Coastkeeper, et al. v. City of San Diego, U.S. District Court Case No.: 3:18-cv-01757-JM-WVG to amend the term and extend the compliance dates for five City facilities under the National Pollutant Discharge Elimination System Industrial General Permit No. 2014-0057-DWQ.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Public Utilities: Thomas Rosales, (858) 292-6418
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 10:06 AM

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

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, September 12, 2023
Not Present: Sean Elo-Rivera.

Item 54: Exemption of an Assistant Deputy Director, a Principal Accountant and a Program Coordinator Position 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 adopted budget. The Program Coordinator in Cannabis Business Division is budgeted in the General Fund. The Assistant Deputy Director and Principal Accountant positions are budgeted in the Development Services Department Enterprise Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 7/25/2023, Item 52 (Council voted 9- 0):
(O-2024-1) ADOPTED AS ORDINANCE O-21715 (New Series)
Ordinance authorizing the exemption of an Assistant Deputy Director, a Principal Accountant, and a Program Coordinator position in the Development Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 6, 2023. The Assistant Deputy Director position will assist with overseeing the Business Operations and Support Services Division. The Principal Accountant position will oversee accounting activities within the permit tacking system, cashier services, and the City's financial system known as SAP. The Program Coordinator position will develop and coordinate the Cannabis Social Equity Program in the Cannabis Business Division. 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: 10:06 AM

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

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno;
Nay: (None);
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, September 12, 2023
Recused: (None);
Not Present: Sean Elo-Rivera.

Item 55: First Amendment to the Consulting Agreement with Adam Frank Incorporated for the Presidio Public Art Project (H176944).

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 2.

Proposed Actions:

Adopt the following Ordinance which was introduced on 7/25/2023, Item 53 (Council voted 9- 0):
(O-2023-148) ADOPTED AS ORDINANCE O-21716 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Consulting Agreement with Adam Frank, Inc., extending the Consulting Agreement through August 31, 2027, in connection with the Presidio Park Public Art Project. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on July 12, 2023.

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

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

Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:06 AM

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

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno;
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, September 12, 2023
Nay: (None);
Recused: (None);
Not Present: Sean Elo-Rivera.

Item 56: Award Amendment #1 to Contract H207152 to Blue Lake Civil for the Design and Construction Support Services of AC Water and Sewer Group Job 1033.

Total Estimated Cost of Proposed Action and Funding Source:

This amendment is in the total amount not-to-exceed $975,270 of which $594,914.70 is from the Water Fund and $380,355.30 is from the Sewer Fund.

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following Ordinance which was introduced on 7/25/2023, Item 60, Subitem-B (Council voted 9-0):
(O-2023-205) ADOPTED AS ORDINANCE O-21717 (New Series)
Ordinance authorizing the Mayor or his designee to execute Amendment No. 1 to Contract H207152 with Blue Lake Civil for professional engineering services for AC Water and Sewer Group Job 1033 and related actions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on June 21, 2023.

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

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

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, September 12, 2023
Passed by the following vote:

Item 57: Bella Mar Apartments – Project No. 631240.

Total Estimated Cost of Proposed Action and Funding Source:

No City expenditures are being approved with this action. All costs associated with processing of this project are paid through a deposit account by the applicant.

Council District(s) Affected: 8.

Proposed Actions:

This project includes a General Plan amendment to re-designate a 14.62- acre site from Parks, Open Space and Recreation to Residential, a Otay Mesa-Nestor Community Plan amendment to re-designate the site from Open Space to Medium Density Residential, an amendment to the Local Coastal Program removing the site from the Special Study Area in Appendix 1B of the Community Plan and from the Coastal Deferred Certification area, an amendment to San Diego Municipal Code Sections 126.0702 and 132.0402 to re-designate the site in the Coastal Overlay Zone Jurisdiction Map from Coastal Deferred Certification; a Rezone; and adoption of MND No. 631240 and a MMRP for the Bella Mar Apartments project.

Adopt the following Ordinances which were introduced on 7/25/2023, Item 333, Subitem-C and Subitem-D (Council voted 9-0):

Subitem-A: (O-2024-4) ADOPTED AS ORDINANCE O-21718 (New Series) Ordinance changing 14.62-acres located at 408 Hollister Street within the Otay Mesa-Nestor Community Plan area from the OF-1-1 (Open Space - Floodplain) and AR-1-2 (Agricultural - Residential) zones to the RM-2-5 (Residential - Multiple-Unit) zone.

Subitem-B: (O-2024-5) ADOPTED AS ORDINANCE O-21719 (New Series) Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending section 126.0702; and amending Chapter 13, Article 2, Division 4 by amending section 132.0402 relating to the Coastal Overlay Zone Jurisdiction Area and Amending Coastal Development Permit Jurisdiction Map No. C-730-1.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, September 12, 2023
Development Services: Martin R. Mendez, (619) 446-5309
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 10:06 AM

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

Passed by the following vote:

Item 58: First Amendment to the Consulting Agreement with Reigelman LLC for the East Village Green Public Art Project (H166768).

Total Estimated Cost of Proposed Action and Funding Source:

This action appropriates $280,473 from the Public Art Fund, for a total project amount of $755,473.

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following Ordinance which was introduced on 8/1/2023, Item 50 (Council voted 9-0):
(O-2023-204 Cor. Copy) ADOPTED AS ORDINANCE O-21720 (New Series) Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Consulting Agreement with Reigelman, LLC, extending the Agreement through January 30, 2026, and increasing the Agreement by $280,473 to a total contract amount not-to-exceed $755,473, for the East Village Green Phase 1 Public Art Project. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on July 7, 2023.

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

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, September 12, 2023
VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.

Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:06 AM

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

Passed by the following vote:

Item 59: First Amendment to Cooperative Procurement Contract with Dell Marketing, L.P. for Microsoft Software, Subscriptions, and Services.

Total Estimated Cost of Proposed Action and Funding Source:

This action authorizes the City to execute the First Amendment to the Cooperative Procurement Contract for Microsoft Software, Subscriptions, and Services with Dell Marketing, L.P. to increase the not-to-exceed amount by $18,633,600, and extend the term an additional three years, to be funded from the General and Enterprise Funds.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 8/1/2023, Item 51 (Council voted 9-0):
(O-2024-8) ADOPTED AS ORDINANCE O-21721 (New Series)
Ordinance authorizing the Mayor or his designee to execute, for and on behalf of the City, the First Amendment to the Cooperative Procurement Contract between the City of San Diego and Dell Marketing, L.P., for the acquisition of Microsoft Software, Subscriptions and Services, to increase the not-to-exceed amount from $14,032,100 to $32,665,700 and to extend the Contract term for an additional three (3) years, effective November 1, 2023, through October 31, 2026, for a total Contract term of six (6) years.
6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, September 12, 2023
Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on July 12, 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.

Department of Information Technology: Maureen Medvedyev, (619) 533-4806 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 10:06 AM

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

Passed by the following vote:

Item 60: An Ordinance Exempting One Program Coordinator Position in the Library Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The Program Coordinator’s projected annual cost, including salaries and fringe benefits, is approximately $175,798. Funds for this expense will be available in the General Fund. Projected savings in personnel expenditures due to vacancies, will offset the cost of this position.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 8/1/2023, Item 52 (Council voted 9-0):
(O-2024-2) ADOPTED AS ORDINANCE O-21722 (New Series)
Ordinance authorizing the exemption of a Program Coordinator position in the City's Library Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 7, 2023. This position will serve as the Special Events Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, September 12, 2023
Coordinator and manage public, private, and internal events at the Department's special event spaces. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Library: Misty Jones, (619) 236-5870
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM

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

Passed by the following vote:

Item 61: City of San Diego Public Right-of-Way Traffic Control Worker Protections.

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 8/1/2023, Item 53 (Council voted 9-0):
(O-2024-7 Cor. Copy) ADOPTED AS ORDINANCE O-21723 (New Series) Ordinance Amending Chapter 3 of the San Diego Municipal Code by Adding New Article 10, Division 1, Sections 310.0101, 310.0102, 310.0103, 310.0104, 310.0105, 310.0106, 310.0107, and 310.0108, relating to the Traffic Control Worker Prevailing Wage Ordinance.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on November 17, 2022.

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

VOTE: 3-0; Campillo-yea, Campbell-yea, Montgomery Stepp-yea, Cate-not present.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, September 12, 2023
Council District 7: Michael Simonsen, (619) 236-6765
City Attorney Contact: Alison P. Adema
COUNCIL ACTION: Start Time: 10:06 AM

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

Passed by the following vote:

Item 62: Second Amendment to Agreement with Jones & Mayer to Provide Continued Legal Services as Panel Outside Counsel.

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 8/1/2023, Item S500 (Council voted 9- 0):
(O-2024-9) ADOPTED AS ORDINANCE O-21724 (New Series)
Ordinance authorizing the Second Amendment to the legal services agreement between the City and Jones & Mayer to increase the total amount of time under the contract beyond five years, for a period not to exceed eight years. The increase is necessary to continue work the Law Firm is performing on behalf of the City, which includes defending the City in the active litigation matter Fukuda et al. v. City of San Diego.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-5800 COUNCIL ACTION: Start Time: 10:06 AM
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, September 12, 2023

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

Passed by the following vote:

Item 63: An Ordinance Allowing One Additional 180-Day Extension for Building Permit Applications.

Total Estimated Cost of Proposed Action and Funding Source:

There are no fiscal impacts to the City as a result of this action. The ability to extend permit application times will, however, save operational cost time by preventing the impact of additional permit volume on the department, as projects will not expire and have to re-start their permit processes.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 8/1/2023, Item 330 (Council voted 9- 0):
(O-2024-6) ADOPTED AS ORDINANCE O-21725 (New Series)
Ordinance amending Chapter 12, Article 9, Division 2 of the San Diego Municipal Code by amending section 129.0211, relating to allowing up to two 180-day extensions for building permit applications.

Committee Actions Taken: N/A
Development Services: Kelly Charles, (619) 446-5413
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 10:06 AM

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

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, September 12, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno;
Nay: (None);
Recused: (None);
Not Present: Sean Elo-Rivera.

Item 100: Award Construction Contract to Orion Construction Corporation for the Morena Dam Spillway Repair Project.

Total Estimated Cost of Proposed Action and Funding Source:

The cost of this agreement is not-to-exceed $4,087,000 for a term of 8 months . The agreement will be funded by the Water Utility Operating Fund.

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

Proposed Actions:
(R-2024-67) ADOPTED AS RESOLUTION R-315103
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Orion Construction Corporation, in an amount not-to-exceed $4,087,000, to provide construction services, related to the Morena Dam Spillway Near Term Repair Project.

Committee Actions Taken:

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

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

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

Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, September 12, 2023
Not Present: Sean Elo-Rivera.

Item 101: Award Construction Contract to Orion Construction Corporation for the El Capitan Dam Spillway Near Term Repair Project (Bid No. K-23-2126-DBB-3).

Total Estimated Cost of Proposed Action and Funding Source:

The total estimated cost of proposed action is not-to-exceed $4,872,000. Funding is available within Water Utility Operating Fund.

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

Proposed Actions:
(R-2024-68) ADOPTED AS RESOLUTION R-315104
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Orion Construction Corporation, in an amount not-to-exceed $4,872,000, to provide construction services, related to the El Capitan Dam Spillway Near Term Repair project.

Committee Actions Taken:

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

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

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

Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, September 12, 2023
Item 102: Award of Agreement with SWT Engineering, Inc. for As-Needed Landfill Engineering and Environmental Consulting Services, H2226092.

Total Estimated Cost of Proposed Action and Funding Source:

Funding will come from the Refuse Disposal Fund, at a cost of $7,500,000 over a five-year period.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-69) ADOPTED AS RESOLUTION R-315105
Resolution authorizing award of an agreement for as-needed landfill engineering and environmental consulting services to SWT Engineers.

Committee Actions Taken:

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

ACTION: Motion by Vice Chair von Wilpert, second by Committee member Campillo, to recommend Council approval of staff’s proposed actions.

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

Environmental Services: Renee Robertson, (858) 573-1275 City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 103: Adopting the 2023 Update to the San Diego County Multi-Jurisdiction Hazard Mitigation Plan.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, September 12, 2023
There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-42) ADOPTED AS RESOLUTION R-315106
Resolution adopting the 2023 update to the San Diego County Multi-Jurisdiction Hazard Mitigation Plan.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on July 19, 2023.

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

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

Office of Emergency Services: Hannah Chasteene, (619) 533-6455 City Attorney Contact: Lara Easton
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 104: Declare Approximately 27,670 Square Feet of the Crystal Pier Structure "Exempt Surplus Land" Pursuant to California Government Code Section 54221(f)(1)(H).

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 1.

Proposed Actions:

Subitem-A: (R-2024-35) ADOPTED AS RESOLUTION R-315107
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, September 12, 2023
Resolution determining that declaring approximately 27,670 square feet of the Crystal Pier structure in the Pacific Beach area of the City of San Diego is exempt surplus land under the Surplus Land Act is exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15061(b)(3).

Subitem-B: (R-2024-36) ADOPTED AS RESOLUTION R-315108
Resolution declaring that approximately 27,670 square feet of the Crystal Pier structure in the Pacific Beach area of the City of San Diego is exempt surplus land under the Surplus Land Act.

Committee Actions Taken:

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

ACTION: Motion by Vice Chair LaCava, second by Committee member Whitburn, 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: Roswitha Sanchez, (619) 236-6721 City Attorney Contact: Delmar Williams
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 105: Pump Station 1 and 2 Improvements and Modernization Project.

Total Estimated Cost of Proposed Action and Funding Source:
$5,200,000 from the Metro CIP Sewer Utility Fund to support project set up and design costs.

Council District(s) Affected: 2, 8.

Proposed Actions:

Subitem-A: (R-2023-427) ADOPTED AS RESOLUTION R-315109
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, September 12, 2023
Resolution determining that adding CIP L-24000, PS 1 & 2 Improvements and Modernization Project, to the Capital Improvements Program is categorically exempt from the California Environmental Quality Act, pursuant to state CEQA Guidelines Section 15301(B) and Section 15302(C).

Subitem-B: (R-2023-426) ADOPTED AS RESOLUTION R-315110
Resolution adding CIP L-24000, PS 1 & 2 Improvements and Modernization Project, to the Capital Improvements Program.

Committee Actions Taken:

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

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

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

Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 106: Ronald Turner and Ruthellen Nackman v. City of San Diego, et al. San Diego Superior Court Case No. 37-2023-00016249-CU-EI-CTL, Claim No 25047.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $95,000.00 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 32 for the Regular Meeting of Tuesday, September 12, 2023
(R-2024-34) ADOPTED AS RESOLUTION R-315111
Resolution authorizing the settlement of Ronald Turner and Ruthellen Nackman v. City of San Diego, et al., San Diego Superior Court Case No. 37-2023-00016249-CU-EI-CTL, related to damages sustained from March to July, 2022, during emergency construction services for the Tuxedo Road Storm Drain Replacement project at 7407 Melotte Street. Risk Claim No. 25047.

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 STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 107: Appointments and Reappointment to the Municipal Golf 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, 7.

Proposed Actions:
(R-2024-57) ADOPTED AS RESOLUTION R-315112
Resolution confirming the Mayor's appointments of Curtis Burkhead and Shawn Cox and reappointment of Marty Block to the Municipal Golf Committee.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, September 12, 2023
Passed by the following vote:

Item 108: Appointment and Reappointments to the Accessibility Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2, 4, 5.

Proposed Actions:
(R-2024-54) ADOPTED AS RESOLUTION R-315113
Resolution confirming the Mayor's appointment of Dr. Leticia Zuno and reappointment of Jacqueline Jackson, Wayne Joseph Landon, and Patricia Sieglen-Perry to the Accessibility Advisory Board for terms 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: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 109: Appointment and Reappointments to the Consolidated Plan Advisory Board.

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, September 12, 2023
Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1, 2, 5, 6.

Proposed Actions:
(R-2024-55) ADOPTED AS RESOLUTION R-315114
Resolution confirming the Mayor's appointment of Jordan Beane, for a term ending July 1, 2024, and reappointments of E. Yegin Chen, Lauren Balcita Garces, and Smith Sirisakorn, for terms ending July 1, 2025, to the Consolidated Plan Advisory Board.

Passed by the following vote:

Item 110: Reappointment to the Commission on Gang Prevention and Intervention.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 3.

Proposed Actions:
(R-2024-56) ADOPTED AS RESOLUTION R-315115
Resolution confirming the Mayor's reappointment of Maria Fernanda Ezquerro, for a term ending July 1, 2025, to the Commission on Gang Prevention and Intervention.

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, September 12, 2023
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 111: Resolution Excusing Councilmember Raul Campillo from City Council and Committee Meetings.

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

Proposed Actions:
(R-2024-58) ADOPTED AS RESOLUTION R-315116
Resolution excusing the absence of Councilmember Raul Campillo from City Council and Council Committee meetings from October 9 through December 1, 2023.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Council District 7: Carrie Shah, (619) 533-5906
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno;
Nay: (None);
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, September 12, 2023
Recused: (None);
Not Present: Sean Elo-Rivera.

Item 330: Application and Acceptance of $2,000,000 in Grant Funds for Restoration of the Camino De La Costa Stairs.

Total Estimated Cost of Proposed Action and Funding Source:
$2,000,000 in State grant funds for Camino de la Costa Stairs.

Council District(s) Affected: 1.

Proposed Actions:
(R-2023-829) ADOPTED AS RESOLUTION R-315121
Resolution authorizing the Mayor, or his designee, to make an application to the California Coastal Conservancy Grant Program and to accept, appropriate, and expend an amount not to exceed $2,000,000 in Grant Program funding for the restoration of the Camino de la Costa Stairs, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; authorizing the Chief Financial Officer to increase the Capital Improvements Program (CIP) Budget in CIP AGF00006 (Coastal Erosion and Access), and for all related actions.

Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY JOE LACAVA TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Item 331: Creation of Underground Utility Districts for Normal Heights (3DD), Jamacha-Lomita (4Y1), and Egger Highlands (8R1) and the Adoption of Final Mitigated Negative Declaration for the FY16 Allocation Undergrounding Utility Districts (Project No. 463483).

Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, September 12, 2023
Total Estimated Cost of Proposed Action and Funding Source:

The total estimated cost for these projects is approximately $58.4 million. The electrical utility work, estimated at $51.6 million, will be fully funded by the Surcharge Fund 200217. Other costs for administration, streetlight replacement, street resurfacing, and other related work, estimated at $6.8 million, will also be paid for by the Surcharge Fund.

Council District(s) Affected: 4, 8, 9.

Proposed Actions:

UUP District formation step 1 – calling a public hearing:

Subitem-A: (R-2024-70) ADOPTED AS RESOLUTION R-315122
Resolution fixing time and place for a public hearing to determine whether the public health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service in the specified District areas, and directing the City Clerk to provide notice to affected persons and utility companies.

UUP District formation step 2 – at a later date set by step 1, vote to approve MND and form district after hearing conducted.

Subitem-B: (R-2024-72) THIS SUBITEM WAS INADVERTENTLY AGENDIZED, BUT WILL BE HEARD ON TUESDAY, OCTOBER 17, 2023, AT 2:00 P.M.

Resolution Adopting Mitigated Negative Declaration No. 463483 and Adopting the Mitigation, Monitoring, and Reporting Program for the FY16 Allocation Undergrounding Utilities Districts.

Subitem B will be heard at a later date.

Subitem-C: (R-2024-71) THIS SUBITEM WAS INADVERTENTLY AGENDIZED, BUT WILL BE HEARD ON TUESDAY, OCTOBER 17, 2023, AT 2:00 P.M.

Resolution determining that the creation of the described District is in the public interest and necessary for public health, safety, or general welfare; declaring the District to be a utility underground district; authorizing the Mayor or his designee to establish an undergrounding schedule for the District; instructing the Mayor or his designee to notify all affected persons and utility companies of the provisions of the District schedule once adopted; and directing the City Clerk to file a Notice of Determination with the Clerk of the Board of Supervisors for the County of San Diego regarding the Districts.

Subitem C will be heard at a later date.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, September 12, 2023
Transportation Department: James Nabong, (619) 533-3721 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 2:02 PM
Public testimony by Lori Saldaña.

MOTION BY VIVIAN MORENO TO ADOPT THE RESOLUTION IN SUBITEM A; AND SET THE

DATE AND TIME FOR THE PUBLIC HEARING, WHICH WILL INCLUDE SUBITEMS B AND C, TO BE HEARD ON TUESDAY, OCTOBER 17, 2023, AT 2:00 P.M. Second by Joe LaCava.

Passed by the following vote:

Item S500: Settlement of Kekoa Young v. City of San Diego, et al.: SDSC 37-2020-00017371- CU-PA-CTL, Claim No. 23099.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $2,300,000 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-52) ADOPTED AS RESOLUTION R-315117
Resolution authorizing the settlement of Kekoa Young v. City of San Diego, et al.: SDSC 37- 2020-00017371-CU-PA-CTL, related to a claim for personal injuries sustained on July 11, 2019, as a result of vehicle accident that occurred on Myrtle Avenue at the intersection with Utah Street. Risk Claim No. 23099.

Committee Actions Taken: N/A
Office of the City Attorney: Rayna Stephan, (619) 533-5818 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, September 12, 2023
Passed by the following vote:

Item S501: Settlement of Elante Shine v. City of San Diego, et al., United States District Court No. 20cv2036-LAB-DEB, Claim No. 25137.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $875,000 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-46) ADOPTED AS RESOLUTION R-315118
Resolution authorizing the settlement of Elante Shine v. City of San Diego, et al., United States District Court No. 20cv2036-LAB-DEB, related to the arrest and use of force on Plaintiff Elante Shine on December 14, 2019. Claim No. 25137.

Committee Actions Taken: N/A
Office of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S502: Settlement of Enrique Rios v. City of San Diego, et al., San Diego Superior Court No. 37-2021-00006880-CU-PA-CTL, Claim No. 25661.

Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, September 12, 2023
Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $250,000 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-62) ADOPTED AS RESOLUTION R-315119
Resolution authorizing the settlement of Enrique Rios v. City of San Diego, et al., San Diego Superior Court Case No. 37-2021-00006880-CU-PA-CTL, related to a claim for personal injuries sustained on August 14, 2020, as a result of a motor vehicle accident at the intersection of Barnes Canyon Road and Lusk Boulevard, Risk Claim No. 25661.

Committee Actions Taken: N/A
Office of the City Attorney: Michelle T. Neff, (619) 533-5834 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S503: Settlement of James Johnson v. City of San Diego; San Diego Superior Court No. 37-2021-0000027982-CU-OE-CTL, Claim No. 26819.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $97,975 will be paid from Metro Sewer Utility Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-45 Cor. Copy) ADOPTED AS RESOLUTION R-315120
Resolution authorizing the settlement of James Johnson v. City of San Diego; San Diego Superior Court No. 37-2021-0000027982-CU-OE-CTL related to the wrongful termination of a Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, September 12, 2023
Wastewater Treatment Plant Operator with the Public Utilities Department (PUD) alleging unlawful discrimination and unsafe work conditions. Claim No. 26819.

Committee Actions Taken: N/A
Office of the City Attorney: Paul H. James, (619) 533-5454 COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

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

Item S504: The Gap Minders Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming September 18, 2023, to be “The Gap Minders Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:26 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Kent Lee.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, September 12, 2023

ADJOURNMENT
The meeting was adjourned by Council President Pro Tem Montgomery Steppe at 2:23 p.m.

COUNCIL ACTION: Start Time: 2:23 PM

San Diego City CouncilSeptember 12, 2023

San Diego City Council
September 12, 2023