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Minutes

San Diego City Council
October 10, 2023

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October 10, 2023
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THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, OCTOBER 10, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................4

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................7 SPECIAL ORDERS OF BUSINESS ...........................................................................................7 APPROVAL OF COUNCIL MINUTES........................................................................................7 Item 30: Kiwanis Club of Tierrasanta 32nd Annual Oktoberfest Day........................................8 Item 50: Exemption of Program Manager Position in SDCERS from the Classified Service.........8 Item 51: Amendment to the Municipal Code to Allow Industrial Wastewater Control Program to Accept an Electronic Signature for Regulatory Submittals........................................................9 Item 52: Exemption of Quality Management Coordinator Position in Fire-Rescue Department from the Classified Service..................................................................................................10 Item 53: Authorize an Extension of Contractual Obligations with Dick Miller Inc for Construction of Maple Canyon Restoration - Phases 1 & 2 ........................................................................11 Item 54: Request to Exempt One Deputy Director Position in the Office of the City Clerk from the Classified Service..........................................................................................................13 Item 100: First Amendment to Contract Between City of San Diego and Janus Corporation to Provide As-Needed Lead, Asbestos and Mold Abatement Services..........................................14 Minutes of Tuesday, October 10, 2023 Page 2
Table of Contents (Continued)
Item 101: Authorize the Use of City Forces for Four (4) Corrugated Metal Pipe (CMP) Repair Projects and Authorize the Addition of One (1) Preliminary Engineering Project and One (1) Standalone Project to the Capital Improvement Program (CIP)..............................................15 Item 102: Appointment and Reappointments to the Airports Advisory Committee..................17 Item 330: First Amendment to Agreement with Hugo Parker, LLP to Provide Continuing Legal Services for Cadena v. City of San Diego..............................................................................17 Item 331: Tax Equity and Fiscal Responsibility Act (TEFRA) Resolution for Harrington Heights, Formerly Known as 13th & Broadway ..................................................................................18 Item 332: Tax Equity and Fiscal Responsibility Act (TEFRA) Resolution for Iris at San Ysidro Apartments........................................................................................................................19 Item 333: Tax Equity and Fiscal Responsibility Act (TEFRA) Resolution for SkyLINE Apartments ........................................................................................................................................20 Item S500: Filipino American History Month........................................................................21 Item S501: Barb Chodos Day.............................................................................................22 Item S502: Indigenous Peoples’ Day ..................................................................................22 Item S503: Breast Cancer Awareness Month.......................................................................23 REPORT OUT FROM CLOSED SESSION................................................................................24 ADJOURNMENT .................................................................................................................24 Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Tuesday, October 10, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. Councilmember Lee arrived to the meeting at 10:02 a.m. The meeting was recessed by Council President EloRivera at 11:26 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:02 p.m. with Councilmember Whitburn, Councilmember von Wilpert, and Councilmember Moreno not present. Council President Elo-Rivera recessed the meeting at 2:04 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 2:51 p.m. with Councilmember Whitburn, Councilmember von Wilpert, and Councilmember Moreno not present. Council President Elo-Rivera recessed the meeting at 3:04 p.m. to reconvene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 3:05 p.m. with Councilmember Whitburn, Councilmember von Wilpert, and Councilmember Moreno not present. Council President Elo-Rivera recessed the meeting at 3:15 p.m. to reconvene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 3:16 p.m. with Councilmember Whitburn, Councilmember von Wilpert, and Councilmember Moreno not present. Council President Elo-Rivera recessed the meeting at 3:33 p.m. to reconvene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 3:34 p.m. with Councilmember Whitburn, Councilmember von Wilpert, and Councilmember Moreno not present. The meeting was adjourned by Council President EloRivera at 3:37 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-9 Council President Sean Elo-Rivera
ABSENT:

CD-3 Councilmember Stephen Whitburn (Excused by Resolution R-315274, due to attending the American Public Transportation Association Conference.) CD-5 Councilmember Marni von Wilpert (Excused by Resolution R-315223, due to attending the Chamber of Commerce’s Binational Delegation.)
CD-8 Councilmember Vivian Moreno (Excused by Resolution R-315274, due to attending the Chamber of Commerce’s Binational Delegation.)
CITY CLERK:

Fuentes (mrh/km)
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, October 10, 2023

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-not present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-not present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem Montgomery Steppe.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

United States Supreme Court Case #S271848 No. 21-7947 commented on Amendment 14 Section I.

COUNCIL ACTION: Start Time: 10:54 AM
PUBLIC COMMENT-2:

Cristina Cottrell commented on a dangerous blind curve.

COUNCIL ACTION: Start Time: 10:56 AM
PUBLIC COMMENT-3:

Virginia Conway commented on D. Feinstein.

COUNCIL ACTION: Start Time: 10:57 AM
PUBLIC COMMENT-4:

Bob Kuczewski commented on the Gliderport.

Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, October 10, 2023
COUNCIL ACTION: Start Time: 11:00 AM
PUBLIC COMMENT-5:

Paul Krueger commented on the Personnel Department.

COUNCIL ACTION: Start Time: 11:01 AM
PUBLIC COMMENT-6:

Samuel Cottrell commented on a dangerous blind horizontal curve.

COUNCIL ACTION: Start Time: 11:04 AM
PUBLIC COMMENT-7 (virtual):

Dan Smiechowski commented on Palestine and Israel.

COUNCIL ACTION: Start Time: 11:06 AM
PUBLIC COMMENT-8 (virtual):

Audra commented on Palestine and Israel.

COUNCIL ACTION: Start Time: 11:08 AM
PUBLIC COMMENT-9 (virtual):

Blair Beekman commented on smart streetlights.

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

EC commented on illegal encampments.

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

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, October 10, 2023
Terri-Ann Skelly commented on mental health crisis.

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

Judi Strang commented on marijuana.

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

Becky Rapp commented on high potency THC.

COUNCIL ACTION: Start Time: 11:18 AM
PUBLIC COMMENT-14 (virtual):

John Stump commented on security.

COUNCIL ACTION: Start Time: 11:21 AM
PUBLIC COMMENT-15 (virtual):

Unknown caller commented on the City Charter.

COUNCIL ACTION: Start Time: 11:23 AM

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

City Clerk Fuentes commented on the Clerk’s office gathering information to improve functionality and incorporate enhancements to the City’s Municipal code online. Two meetings for the public to contribute their ideas will take place on Tuesday, October 24, 2023, at 6:00 p.m. at the Mission Valley Library; and on Monday, October 30, 2023, at 6:00 p.m. at the Otay Mesa Library.

COUNCIL ACTION: Start Time: 10:16 AM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, October 10, 2023

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
9/11/2023
9/12/2023
9/18/2023
9/19/2023
COUNCIL ACTION: Start Time: 10:03 AM
MOTION BY MONICA MONTGOMERY STEPPE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

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

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

Item 30: Kiwanis Club of Tierrasanta 32nd Annual Oktoberfest Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming October 14, 2023, to be “Kiwanis Club of Tierrasanta 32nd Annual Oktoberfest Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:17 AM
MOTION BY KENT LEE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, October 10, 2023
Yea: Joe LaCava, Jennifer Campbell, Monica Montgomery Steppe, Kent Lee, Raul A. Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert, Vivian Moreno.

Item 50: Exemption of Program Manager Position in SDCERS from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The funding for this position is included with the SDCERS budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-25) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 31, 2023 Introduction of an Ordinance authorizing the exemption of a Program Manager position in the San Diego City Employees' Retirement System Department from the Classified Service. This position will be responsible for overseeing the Benefits Administration Section. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
SDCERS: Colin Brazile, (619) 525-3630
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

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

Item 51: Amendment to the Municipal Code to Allow Industrial Wastewater Control Program to Accept an Electronic Signature for Regulatory Submittals.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, October 10, 2023
Total Estimated Cost of Proposed Action and Funding Source:

No Funding.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-26) INTRODUCED, TO BE ADOPTED TUESDAY OCTOBER 31, 2023 Introduction of an Ordinance amending Chapter 6, Article 4, Division 5, of the San Diego Municipal Code by adding new Section 64.0521, relating to an electronic transaction and reporting system for the Industrial Wastewater Control Program.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on September 14, 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: Joy Newman, (858) 654-4106
City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

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

Item 52: Exemption of Quality Management Coordinator Position in Fire-Rescue Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

This position is included in the Fire-Rescue Department’s Fiscal Year 2024 Adopted Budget.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, October 10, 2023
Proposed Actions:

Adopt the following Ordinance which was introduced on 9/26/2023, Item 50, (Council voted 9- 0):
(O-2024-17) ADOPTED AS ORDINANCE O-21731 (New Series)
Ordinance authorizing the exemption of a Quality Management Coordinator position in the City's Fire-Rescue Department, based on advisory review and favorable comment by the Civil Service Commission on September 7, 2023. This position will be responsible for overseeing the Quality Assurance/Quality Improvement program in the Emergency Services Division. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Fire-Rescue: Colin Stowell, Fire Chief, (619) 533-4401
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

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

Item 53: Authorize an Extension of Contractual Obligations with Dick Miller Inc for Construction of Maple Canyon Restoration - Phases 1 & 2.

Total Estimated Cost of Proposed Action and Funding Source:

If the City Council approves the 60-month LTMMA, the total amount of the Contract will be increased by $315,000.00 to a total of $10,080,552.60.

The total bid amount of $10,080,552.60, including the $315,000.00 for work under 60-month LTMMA, has been certified by the Department of Finance, and this amount has been encumbered in the Contract Purchase Order.

Council District(s) Affected: 3.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, October 10, 2023
Proposed Actions:

Adopt the following Ordinance which was introduced on 9/26/2023, Item 51, (Council voted 9- 0):
(O-2024-15 Cor. Copy) ADOPTED AS ORDINANCE O-21732 (New Series) Ordinance authorizing the Mayor, or his designee, to extend the contractual obligations in Contract K-23-2030-DBB-3 with Dick Miller, Inc. for an amount not to exceed $315,000 to provide habitat restoration services through a 60-Month Long-Term Maintenance and Monitoring Agreement related to the Maple Canyon Restoration - Phases 1 and 2 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 July 13, 2023.

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

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

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Frank Ahn
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

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

Item 54: Request to Exempt One Deputy Director Position in the Office of the City Clerk from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

Please see Staff Report.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, October 10, 2023
Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 9/26/2023, Item 52, (Council voted 9- 0):
(O-2024-18) ADOPTED AS ORDINANCE O-21733 (New Series)
Ordinance authorizing the exemption of a Deputy Director position in the City's Office of the City Clerk from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on September 7, 2023. This position will be responsible for overseeing the Legislative Services Division. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Office of the City Clerk: Diana Fuentes, (619) 533-4024 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

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

Item 100: First Amendment to Contract Between City of San Diego and Janus Corporation to Provide As-Needed Lead, Asbestos and Mold Abatement Services.

Total Estimated Cost of Proposed Action and Funding Source:

This amendment will increase the not to exceed amount of the original as-needed agreement by $1,503,875, bringing the total contract value to $4,500,000 for the remaining 2 years of the contract. Expenditure of funds for as-need services is contingent upon sufficient funding being available in each participating City department’s budget each fiscal year. Approximately, $1,476,712.00 of this contract increase will be funded by the Public Utilities Department’s Water Operating Fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, October 10, 2023
Proposed Actions:

Subitem-A: (R-2024-100 COR. COPY) ADOPTED AS RESOLUTION R-315146 Resolution determining that the First Amendment to the Agreement with Janus Corporation for As-Needed Asbestos, Lead and Mold Abatement Services is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301.

Subitem-B: (R-2024-101) ADOPTED AS RESOLUTION R-315147
Resolution authorizing execution of the First Amendment to the Agreement with Janus Corporation for As-Needed Asbestos, Lead and Mold Abatement Services in an amount not-toexceed $4,500,000 and related actions.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on September 14, 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.

Environmental Services: Renee Robertson, (858) 573-1275 City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

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

Item 101: Authorize the Use of City Forces for Four (4) Corrugated Metal Pipe (CMP) Repair Projects and Authorize the Addition of One (1) Preliminary Engineering Project and One (1) Standalone Project to the Capital Improvement Program (CIP).

Total Estimated Cost of Proposed Action and Funding Source:

Please see staff report.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, October 10, 2023
Council District(s) Affected: 3, 4, 7.

Proposed Actions:

Subitem-A: (R-2024-82 COR. COPY) ADOPTED AS RESOLUTION R-315148 Resolution determining that the addition of one standalone project to the Capital Improvements Program and authorizing funding of preliminary design and planning activities is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15262.

Subitem-B: (R-2024-81) ADOPTED AS RESOLUTION R-315149
Resolution authorizing the use of City forces to complete four in-house projects for repairs of corrugated metal stormwater pipes and expenditure of Capital Improvements Program budget funds for City force work related expenses.

Subitem-C: (R-2024-83 COR. COPY) ADOPTED AS RESOLUTION R-315150 Resolution authorizing the addition of one standalone project to the Capital Improvements Program, an increase to the CIP Budget in CIP S-24008 SD East of Rachael Ave SWD, and appropriation and expenditure from Funds 400881 and 400884.

Subitem-D: (R-2024-84 COR. COPY) ADOPTED AS RESOLUTION R-315151 Resolution authorizing the addition of a preliminary engineering capital improvement project to the Capital Improvements Program, an increase to the CIP Budget in CIP P-24010 Stormwater CIP Program Management, and transfer of $8,500,000 from Fund 400884, General Fund WIFIA Loan-Construction.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on September 13, 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.

Stormwater Department: Sumer Hasenin, (858) 541-4336
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, October 10, 2023
Passed by the following vote:

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

Item 102: Appointment and Reappointments to the Airports Advisory 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, 2 , 7.

Proposed Actions:
(R-2024-129 COR. COPY) ADOPTED AS RESOLUTION R-315152
Resolution confirming the Mayor's appointment of Dr. Donald Chick for a term ending February 28, 2026, and reappointments of David Reed Gordon for a term ending February 28, 2027, Ron Lee for a term ending February 28, 2026, and Thomas Reid for a term ending February 28, 2025, to the Airports Advisory Committee.

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: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

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

Item 330: First Amendment to Agreement with Hugo Parker, LLP to Provide Continuing Legal Services for Cadena v. City of San Diego.

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, October 10, 2023
Total Estimated Cost of Proposed Action and Funding Source:

Total contract amount not-to-exceed $500,000.00. For Fiscal Year 2024, an estimated amount of $100,000.00 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-23) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 31, 2023 Introduction of an Ordinance authorizing the First Amendment to the legal services agreement between the City and Hugo Parker, LLP to increase the total amount of time under the contract beyond four years, for a period not to exceed six years and to increase the total not-to-exceed amount to $500,000.00 from $300,000.00. 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 Cadena 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: Jim McNeill, (619) 236-7722 City Attorney Contact: Shawn Robinson
COUNCIL ACTION: Start Time: 10:40 AM
MOTION BY JOE LACAVA TO INTRODUCE. Second by Monica Montgomery Steppe.

Passed by the following vote:

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

Item 331: Tax Equity and Fiscal Responsibility Act (TEFRA) Resolution for Harrington Heights, Formerly Known as 13th & Broadway.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed funding sources and uses approved by this action are included in the Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.

Council District(s) Affected: 3.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, October 10, 2023
Proposed Actions:
(R-2024-109) ADOPTED AS RESOLUTION R-315153
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for Harrington Heights, formerly known as 13th & Broadway, pursuant to section 147(f) of the Internal Revenue Code of 1986.

Committee Actions Taken: N/A
Housing Commission: Jennifer Kreutter, (619) 578-7709
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of October 10, 2023, for a companion item.

This is a TEFRA hearing item.

COUNCIL ACTION: Start Time: 2:52 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

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

Item 332: Tax Equity and Fiscal Responsibility Act (TEFRA) Resolution for Iris at San Ysidro Apartments.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed funding sources and uses approved by this action are included in the Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.

Council District(s) Affected: 8.

Proposed Actions:
(R-2024-107) ADOPTED AS RESOLUTION R-315154
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, October 10, 2023
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for Iris at San Ysidro Apartments pursuant to section 147(f) of the Internal Revenue Code of 1986.

Committee Actions Taken: N/A
Housing Commission: Jennifer Kreutter, (619) 578-7709
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of October 10, 2023, for a companion item.

This is a TEFRA hearing item.

COUNCIL ACTION: Start Time: 3:05 PM
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

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

Item 333: Tax Equity and Fiscal Responsibility Act (TEFRA) Resolution for SkyLINE Apartments.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed funding sources and uses approved by this action are included in the Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.

Council District(s) Affected: 5.

Proposed Actions:
(R-2024-108) ADOPTED AS RESOLUTION R-315155
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for SkyLINE Apartments, formerly known as Rancho Bernardo Transit Village, pursuant to section 147(f) of the Internal Revenue Code of 1986.

Committee Actions Taken: N/A
Housing Commission: Jennifer Kreutter, (619) 578-7709
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, October 10, 2023
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of October 10, 2023, for a companion item.

This is a TEFRA hearing item.

COUNCIL ACTION: Start Time: 3:17 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.

Passed by the following vote:

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

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

Item S500: Filipino American History Month.

MAYOR GLORIA, COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE, COUNCILMEMBER LEE, AND COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming October 2023, to be “Filipino American History Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:17 AM
MOTION BY KENT LEE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

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

Item S501: Barb Chodos Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, October 10, 2023

APPROVED
Proclaiming October 12, 2023, to be "Barb Chodos Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:17 AM
MOTION BY KENT LEE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

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

Item S502: Indigenous Peoples’ Day.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming October 9, 2023, to be “Indigenous Peoples' Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:17 AM
MOTION BY KENT LEE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

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

Item S503: Breast Cancer Awareness Month.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE, COUNCILMEMBER CAMPBELL, COUNCILMEMBER VON WILPERT, AND COUNCILMEMBER MORENO'S RECOMMENDATION:

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

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, October 10, 2023
COUNCIL ACTION: Start Time: 10:17 AM
MOTION BY KENT LEE TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

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

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:37 p.m. in honor of the memory of:

Gregory Mitchell as requested by Council President Pro Tem Montgomery Steppe.

COUNCIL ACTION: Start Time: 3:35 PM

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