Minutes — San Diego City Council, October 17, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, OCTOBER 17, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................8 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 30: LGBTQ+ History Month..........................................................................................9 Item 31: Pastor Milton “Marty” Martin Jr. Day .....................................................................10 Item 50: Request to Exempt One Program Coordinator Position in the Human Resources Department from the Classified Service ...............................................................................10 Item 51: Approval of NEOGOV Contract Extension to August 2024 .......................................11 Item 52: Master Lease Agreement to Finance Three Police Helicopters with Mission Configuration Installation....................................................................................................12 Item 53: Extension of the Lexis Nexis Contract and Approval of Amendment No. 4................13 Item 54: Award Construction Contract #K-23-2168-DBB-3-C to J.R. Filanc Construction Co., Inc. and Issue First Amendment to the Consultant Agreement (H186974) with Kleinfelder Inc. for Professional Services for the Lakeside Valve Station Replacement Project .........................15 Minutes of Tuesday, October 17, 2023 Page 2
Table of Contents (Continued)
Item 100: Resolution Approving a Side Letter Agreement to Amend Article 21 of the Memorandum of Understanding Between the City of San Diego and the San Diego Municipal Employees Association Related to Notary Pay and Library Special Assignment Pay..................16 Item 101: Resolution Approving a Side Letter Agreement to Amend the MOU Between the City and Local 127 Related to Special Assignment Pay for Street Lighting Electricians and Traffic Signal Technicians..............................................................................................................17 Item 102: Resolution Approving a Side Letter Agreement to Amend Article 21 of the MOU Between the City and MEA Related to Special Assignment Pay for Traffic Signal Supervisors and Public Works Superintendents.............................................................................................18 Item 103: Resolution Approving the First Amendment to Agreement Between the City of San Diego and the San Diego Police Officers Association Regarding the Lateral and Recruitment Incentive Programs in the Police Department.......................................................................19 Item 104: Authorization to Accept Grant Funding for the San Diego Police Department Officer Wellness and Mental Health Program...................................................................................20 Item 105: Second Amendment to the Lease at 600 B Street Between the City of San Diego and 600 B Street San Diego Owner, LLC, a Delaware Limited Liability Company............................21 Item 106: Lease at 9325 Sky Park Court, Suite 100, San Diego, CA 92123 Between City of San Diego and AG-PCPI Sky Park Owner, LP, a Delaware Limited Partnership...............................22 Item 107: Settlement of Thomas Keith Bell, et al. v. City of San Diego, et al.: San Diego Superior Court No. 37-2023-00003890 CU-PO-CTL, Claim No. 30595 .....................................23 Item 108: Settlement of Patricia Flores et al. v. City of San Diego, San Diego Superior Court Case No. 37-2017-00049108-CU-PA-CTL, Claim No. 16983 ...................................................24 Item 109: Settlement of Deovante Guy v. City of San Diego, et al., United States District Court Case No. 3:20-cv-2027 BAS-BLM, Claim No. 21799...............................................................25 Item 110: Balboa Park International Cottages Electrical Upgrades ........................................26 Item 330: Proposed Response to the Grand Jury Report: "When Will My Street Be Paved? City of San Diego's Street Paving Challenges ..............................................................................27 Item 331: Authorize the Use of City Forces and Authorize Construction and Post-Construction Funds for CIP S-24008 SD East of Rachael Ave SWD ............................................................29 Item 332: 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).................................. ........................................................................................................................................30 Minutes of Tuesday, October 17, 2023 Page 3
Table of Contents (Continued)
Item S500: National Immigrants Day..................................................................................31 Item S501: Cesar A. Solis Day ...........................................................................................32 Item S502: Miramar Ranch 50th Annual Halloween Carnival Day..........................................32 REPORT OUT FROM CLOSED SESSION................................................................................33 ADJOURNMENT .................................................................................................................33 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, October 17, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:02 a.m. The meeting was recessed by Council President Elo-Rivera at 11:35 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with Councilmember von Wilpert, Councilmember Campillo, and Councilmember Moreno not present.

Councilmember von Wilpert arrived to the meeting at 2:46 p.m. The meeting was adjourned by Council President Elo-Rivera at 3:28 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

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

CD-7 Councilmember Raul A. Campillo (Excused by Resolution R-315116, due to family leave.) CD-8 Councilmember Vivian Moreno (Excused by Resolution R-315274, due to attending the Chamber of Commerce’s Binational Delegation to Mexico City.) CITY CLERK:

Fuentes (mrh/km)

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-not present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, October 17, 2023

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

U.S. Supreme Court Docket No. 21-7947 Case# S271848 commented on Amendment 14 Section 1.

COUNCIL ACTION: Start Time: 11:00 AM
PUBLIC COMMENT-2:

Joy Sunyata commented on audit recommendation.

COUNCIL ACTION: Start Time: 11:03 AM
PUBLIC COMMENT-3:

Adrian Kwiatkowski commented on tobacco ban enforcement.

COUNCIL ACTION: Start Time: 11:05 AM
PUBLIC COMMENT-4:

Benjamin Stein commented on public comment.

COUNCIL ACTION: Start Time: 11:07 AM
PUBLIC COMMENT-5 (virtual):

Peggy Walker commented on Red Ribbon Week.

COUNCIL ACTION: Start Time: 11:09 AM
PUBLIC COMMENT-6 (virtual):

Dan Smiechowski commented on recognizing the Office of the City Clerk.

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, October 17, 2023
COUNCIL ACTION: Start Time: 11:12 AM
PUBLIC COMMENT-7 (virtual):

Amit Dhuleshia commented on rodeos.

COUNCIL ACTION: Start Time: 11:14 AM
PUBLIC COMMENT-8 (virtual):

Diane Grace commented on a drug-free life.

COUNCIL ACTION: Start Time: 11:15 AM
PUBLIC COMMENT-9 (virtual):

Blair Beekman commented on smart streetlights.

COUNCIL ACTION: Start Time: 11:17 AM
PUBLIC COMMENT-10 (virtual):

Al Del Mastro commented on tent protection law.

COUNCIL ACTION: Start Time: 11:20 AM
PUBLIC COMMENT-11 (virtual):

Margarita Bellah commented on rodeos.

COUNCIL ACTION: Start Time: 11:22 AM
PUBLIC COMMENT-12 (virtual):

Rachel Hostler commented on rodeos.

COUNCIL ACTION: Start Time: 11:24 AM
PUBLIC COMMENT-13 (virtual):

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, October 17, 2023
Judi Strang commented on Families for Depression Awareness.

COUNCIL ACTION: Start Time: 11:26 AM
PUBLIC COMMENT-14 (virtual):

Audra commented on discrimination.

COUNCIL ACTION: Start Time: 11:28 AM
PUBLIC COMMENT-15 (virtual):

Truth commented on political campaigning.

COUNCIL ACTION: Start Time: 11:31 AM
PUBLIC COMMENT-16 (virtual):

Rudy Hess commented on media.

COUNCIL ACTION: Start Time: 11:33 AM

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

Councilmember von Wilpert commented on the U.S. Supreme Court decision allowing President Biden’s Ghost Gun Law requiring all parts of weapons to be classified as firearms.

She commented on the overturn of an injunction allowing the rule to stay in effect pending trial.

COUNCIL ACTION: Start Time: 10:30 AM
COUNCIL COMMENT-2:

Councilmember Lee commented on his 9th wedding anniversary and the work his wife has done since becoming a Councilmember. He acknowledged her effort caring for their two children who just turned six and one.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, October 17, 2023
COUNCIL ACTION: Start Time: 10:31 AM
COUNCIL COMMENT-3:

Councilmember LaCava commented on statements related to the proclamation for “National Immigrants Day” and will be asking Council not to sign that proclamation because it really doesn’t describe who we are as a country.

COUNCIL ACTION: Start Time: 3:27 PM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
9/25/2023 Adjourned
9/26/2023
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

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

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

Item 30: LGBTQ+ History Month.

MAYOR GLORIA, COUNCILMEMBER CAMPBELL, COUNCILMEMBER WHITBURN, AND COUNCILMEMBER VON WILPERT’S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, October 17, 2023

APPROVED
Proclaiming October 2023 “LGBTQ+ History Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:32 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 31: Pastor Milton “Marty” Martin Jr. Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE’S RECOMMENDATION:

APPROVED
Proclaiming October 22, 2023, to be “Pastor Milton “Marty” Martin Jr. Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:32 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 50: Request to Exempt One Program Coordinator Position in the Human Resources Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, October 17, 2023
Grant funds of $50,000 will be used to partially offset costs of one (1) full-time employee (FTE) in the City of San Diego Human Resources Department to serve as internal and external liaison to San Diego's military and Veteran communities.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-28) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 31, 2023 Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the City’s Human Resources Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This position will be responsible for overseeing the City's Veteran Engagement Program. This Action is brought under San Diego Charter section 117(a)(17).

Committee Actions Taken: N/A
Human Resources: Jon Terwilliger, (619) 235-5715
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 51: Approval of NEOGOV Contract Extension to August 2024.

Total Estimated Cost of Proposed Action and Funding Source:

Total service cost from 8/19/2023-8/18/2024 will be $118,510.15.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-20) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 31, 2023 Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, October 17, 2023
Introduction of an Ordinance approving the extension of an employee recruitment and applicant tracking contract with NEOGOV.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee on September 13, 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.

Personnel: Christia Davis, (619) 236-6665
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 52: Master Lease Agreement to Finance Three Police Helicopters with Mission Configuration Installation.

Total Estimated Cost of Proposed Action and Funding Source:

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

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 10/2/2023, Item 201 (Council voted 9- 0):
(O-2024-22) ADOPTED AS ORDINANCE O-21734 (New Series)
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, October 17, 2023
Ordinance approving the City of San Diego’s Master Lease Agreement with Banc of America Public Capital Corporation for the purpose of financing the purchase of three police helicopters with mission configuration installation in an amount not to exceed $16,000,000 and declaring its official intent to reimburse itself from the proceeds of tax-exempt lease-purchase obligations. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Committee meeting on September 13, 2023.

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

VOTE: Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.

Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 10:05 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 53: Extension of the Lexis Nexis Contract and Approval of Amendment No. 4.

Total Estimated Cost of Proposed Action and Funding Source:

This action is to extend the agreement for four years until December 31, 2027 and increase the not-to-exceed (NTE) amount by $400,000. This amount will be expended across five fiscal years, $50,000 in FY24, $100,000 in FY25, $100,000 in FY26, $100,000 in FY27 and $50,000 in FY28.

The annual not-to-exceed amount is budgeted in the City Treasurer’s General Fund budget.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 10/3/2023, Item 50 (Council voted 9-0):

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, October 17, 2023
(O-2024-19) ADOPTED AS ORDINANCE O-21735 (New Series)
Ordinance authorizing Amendment No. 4 to an Agreement for Services with LexisNexis Risk Solutions Fl, Inc.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget & Government Efficiency Committee meeting on September 13, 2023.

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

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

Office of the City Treasurer: Jonathan Carey, (619) 533-3610 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:05 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 54: Award Construction Contract #K-23-2168-DBB-3-C to J.R. Filanc Construction Co., Inc. and Issue First Amendment to the Consultant Agreement (H186974) with Kleinfelder Inc. for Professional Services for the Lakeside Valve Station Replacement Project.

Total Estimated Cost of Proposed Action and Funding Source:

The Construction contract total amount not to exceed is $43,981,000.00; of which $15,000,000.00 is for the first phase and $28,981,000.00 is for all subsequent phases. The amendment to Consultant Agreement H186974 is not to exceed $955,983. Funding for the construction contract and consultant amendment will be from CIP S-22003, Lakeside Valve Station, Water Utility Funds.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, October 17, 2023
Council District(s) Affected: Outside of City limits.

Proposed Actions:

Adopt the following Ordinance which was introduced on 10/3/2023, Item 60, Subitem-C (Council voted 9-0):
(O-2024-21 COR. COPY) ADOPTED AS ORDINANCE O-21736 (New Series) Ordinance authorizing the execution of the first amendment to the agreement for professional services with Kleinfelder Inc. for design and construction support services of the Lakeside Valve Station Replacement 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 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.

Engineering & Capital Projects: Jason Grani, (619) 533-7525 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:05 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 100: Resolution Approving a Side Letter Agreement to Amend Article 21 of the Memorandum of Understanding Between the City of San Diego and the San Diego Municipal Employees Association Related to Notary Pay and Library Special Assignment Pay.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, October 17, 2023
Total Estimated Cost of Proposed Action and Funding Source:

The proposed action has no financial impact.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-124) ADOPTED AS RESOLUTION R-315156
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 21 of the Memorandum of Understanding related to Library Special Assignment Pay and Notary Pay. 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 218-7439
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 101: Resolution Approving a Side Letter Agreement to Amend the MOU Between the City and Local 127 Related to Special Assignment Pay for Street Lighting Electricians and Traffic Signal Technicians.

Total Estimated Cost of Proposed Action and Funding Source:

Based on the number of employees who are currently eligible to receive the additional compensation, the anticipated financial impacts in Fiscal Year 2024 is approximately $4,432. The department will absorb the cost through its operating budget.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, October 17, 2023
(R-2024-126) ADOPTED AS RESOLUTION R-315157
Resolution approving a Side Letter Agreement between the City of San Diego and the American Federation of State, County and Municipal Employees, AFL-CIO, Local 127, to amend Article 14 of the Memorandum of Understanding related to Special Assignment Pay for Street Lighting Electricians and Traffic Signal Technicians.
6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Linda Chambers, (619) 951-6896
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 102: Resolution Approving a Side Letter Agreement to Amend Article 21 of the MOU Between the City and MEA Related to Special Assignment Pay for Traffic Signal Supervisors and Public Works Superintendents.

Total Estimated Cost of Proposed Action and Funding Source:

Based on the number of employees who are currently eligible to receive the additional compensation, the anticipated financial impacts in Fiscal Year 2024 is approximately $16,796.

The departments will absorb the cost through their operating budgets.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-125) ADOPTED AS RESOLUTION R-315158
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 21 of the Memorandum of Understanding Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, October 17, 2023
related to Special Assignment Pay for Traffic Signal Supervisors and Public Works Superintendents.
6 votes required pursuant to Charter Section 11.2.

Passed by the following vote:

Item 103: Resolution Approving the First Amendment to Agreement Between the City of San Diego and the San Diego Police Officers Association Regarding the Lateral and Recruitment Incentive Programs in the Police Department.

Total Estimated Cost of Proposed Action and Funding Source:

The fiscal impact is estimated not-to-exceed $400,000 in the General Fund in Business Area 1914.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-116) ADOPTED AS RESOLUTION R-315159
Resolution approving the First Amendment to the Agreement between the City of San Diego and the San Diego Police Officers Association related to the Lateral Police Officer II Incentive Program and the Police Officer Recruitment Incentive Program.

Committee Actions Taken: N/A
Human Resources: Walter Castillo, (619) 519-1975
City Attorney Contact: Miguel Merrell
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, October 17, 2023
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 104: Authorization to Accept Grant Funding for the San Diego Police Department Officer Wellness and Mental Health Program.

Total Estimated Cost of Proposed Action and Funding Source:

The total revenue is $1,263,047. There are no cost share requirements. The grant funds have been received and deposited in a grant fund. Expenditures will be reviewed and validated by the Police Department Grants team, and a final report will be submitted to the Board of State and Community Corrections by December 2025. There is no requirement for continued expenditures or services once grant funding is depleted or terminated.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-114) ADOPTED AS RESOLUTION R-315160
Resolution authorizing the Mayor, or his designee, to accept, appropriate and expend funding from the California Board of State and Community Corrections for the San Diego Police Department Officer Wellness and Mental Health Program.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on September 20, 2023.

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

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

Police: Jose Luis Romo, (619) 531-2739
City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 10:05 AM
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, October 17, 2023
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 105: Second Amendment to the Lease at 600 B Street Between the City of San Diego and 600 B Street San Diego Owner, LLC, a Delaware Limited Liability Company.

Total Estimated Cost of Proposed Action and Funding Source:

Base rent not-to-exceed $6,313,042.50 in base rent and approximately $394,013.00 in operating expenses. 70% of expenses will be paid out of the Emergency Medical Services Fund and 30% will be paid out of the General Fund.

Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2024-122) ADOPTED AS RESOLUTION R-315161
Resolution determining that approval of that certain Second Amendment to Office Lease between 600 B Street San Diego Owner, LLC, a Delaware limited liability company, and the City of San Diego is categorically exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15301.

Subitem-B: (R-2024-121) ADOPTED AS RESOLUTION R-315162
Resolution approving that certain Second Amendment to Office Lease between 600 B Street San Diego Owner, LLC, a Delaware limited liability company, and the City of San Diego.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee on September 21, 2023.

ACTION: Motion by Vice Chair LaCava, second by Chair Moreno, 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: Karen Johnson, (619) 236-6191 Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, October 17, 2023
City Attorney Contact: Delmar Williams
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 106: Lease at 9325 Sky Park Court, Suite 100, San Diego, CA 92123 Between City of San Diego and AG-PCPI Sky Park Owner, LP, a Delaware Limited Partnership.

Total Estimated Cost of Proposed Action and Funding Source:

Base Rent not-to-exceed $4,269,019.73 and estimated operating expenses of $1,201,663 to be paid out of the General Fund.

Council District(s) Affected: 7.

Proposed Actions:

Subitem-A: (R-2024-120) ADOPTED AS RESOLUTION R-315163
Resolution determining that approval of that certain Office Lease between AG-PCPI Sky Park Owner, L.P., a Delaware limited partnership, and the City of San Diego is categorically exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15301.

Subitem-B: (R-2024-119) ADOPTED AS RESOLUTION R-315164
Resolution approving that certain Office Lease between AG-PCPI Sky Park Owner, L.P., a Delaware limited partnership, and the City of San Diego.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on September 21, 2023.

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

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

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, October 17, 2023
Department of Real Estate and Airport Management: Karen Johnson, (619) 236-6191 City Attorney Contact: Delmar Williams
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 107: Settlement of Thomas Keith Bell, et al. v. City of San Diego, et al.: San Diego Superior Court No. 37-2023-00003890 CU-PO-CTL, Claim No. 30595.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $1,750,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-103) ADOPTED AS RESOLUTION R-315165
Resolution authorizing the settlement of Thomas Keith Bell, et al. v. City of San Diego, et al., San Diego Superior Court No. 37-2023-00003890 CU-PO-CTL, related to a claim of personal injury arising out of a pedestrian vs. automobile accident that occurred on July 26, 2022, at 15004 Innovation Drive, San Diego. Risk Claim No. 30595.

Committee Actions Taken: N/A
Office of the City Attorney: Rayna A. Stephan, (619) 533-5818 COUNCIL ACTION: Start Time: 10:05 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, Sean Elo-Rivera;
Nay: (None);
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, October 17, 2023
Recused: (None);
Not Present: Raul A. Campillo, Vivian Moreno.

Item 108: Settlement of Patricia Flores et al. v. City of San Diego, San Diego Superior Court Case No. 37-2017-00049108-CU-PA-CTL, Claim No. 16983.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $800,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-104) ADOPTED AS RESOLUTION R-315166
Resolution authorizing the settlement of Patricia Flores et al. v. City of San Diego, San Diego Superior Court Case No. 37-2017-00049108-CU-PA-CTL, related to claims of wrongful death and personal injuries sustained on March 26, 2017. Claim No. 16983.

Committee Actions Taken: N/A
Office of the City Attorney: Jacqueline J. McQuarrie, (619) 533-5910 COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 109: Settlement of Deovante Guy v. City of San Diego, et al., United States District Court Case No. 3:20-cv-2027 BAS-BLM, Claim No. 21799.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $8,000,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, October 17, 2023
Proposed Actions:
(R-2024-105) ADOPTED AS RESOLUTION R-315167
Resolution authorizing the settlement of Deovante Guy v. City of San Diego, et al., United States District Court Case No. 3:20-cv-2027 BAS-BLM, related to a claim for personal injuries sustained on February 28, 2019, as a result of an automobile accident at the intersection of Rosecrans and Midway in the City of San Diego. Risk Claim No. 21799.

Passed by the following vote:

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

Item 110: Balboa Park International Cottages Electrical Upgrades.

Total Estimated Cost of Proposed Action and Funding Source:
$567,613.40 of Regional Park Improvement Fund will be allocated to Balboa Park International Cottages Electrical Survey.

Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2024-113) ADOPTED AS RESOLUTION R-315168
Resolution determining that reallocating Regional Park Improvement funds to a new subproject for the Balboa Park International Cottages Electrical Study is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301(c), 15302, and 15306.

Subitem-B: (R-2024-112) ADOPTED AS RESOLUTION R-315169
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, October 17, 2023
Resolution authorizing the Chief Financial Officer to reallocate and expend $567,613.40 in Regional Park Improvement Funds to a new subproject – CIP P24000 Balboa Park International Cottages Electrical Study; and for all related actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on September 13, 2023.

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

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

Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 330: Proposed Response to the Grand Jury Report: "When Will My Street Be Paved? City of San Diego's Street Paving Challenges".

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

Proposed Actions:
(R-2024-130 Rev. Cor. Copy) ADOPTED AS AMENDED AS RESOLUTION R-315170 Resolution approving the City Council's response to the 2022/2023 San Diego County Grand Jury Report titled "When Will My Street Be Paved? City of San Diego's Street Paving Challenges." This item is not subject to the Mayor's veto.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, October 17, 2023
Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on September 13, 2023.

ACTION: Motion by Committee Member von Wilpert, second by Vice Chair LaCava, to recommend approval of staff's proposed actions with the following amendments:

1. In response to Finding 01: Add additional information about the cost escalations of street paving through the pandemic.

2. In response to Recommendation 23-106: Modify this section to include a commitment for the Council to consider an Ordinance or Policy that requires funding of an updated Street Condition Assessment every four years. This should be an Ordinance or policy that can be waived by the Council should budgetary circumstances warrant, however it would require a proactive waiver of the funding, should a future Council choose to defer funding for an upcoming street condition assessment. Additionally, request that the Independent Budget Analyst's Office work with the City Attorney’s Office to develop this potential ordinance or policy and bring it back to the Active Transportation & Infrastructure Committee for consideration.

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

Office of the Independent Budget Analyst: Jordan More, (619) 236-6445 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 2:02 PM
MOTION BY KENT LEE TO AMEND IBA REPORT 23-23 REV, ATTACHMENT 1, UNDER RECOMMENDATIONS 23-105 TO: 1) REVISE THE RESPONSE TO READ “RESPONSE: THE RECOMMENDATION REQUIRES FURTHER ANALYSIS”; 2) ADD TO THE FIRST PARAGRAPH “THE

RECOMMENDATION IS UNCLEAR AND CANNOT LEGALLY BE IMPLEMENTED TO THE EXTENT

THAT IMPLEMENTATION WOULD REQUIRE THIS COUNCIL TO PASS AN ORDINANCE

REQUIRING FUTURE COUNCILS TO EXPEND FUNDS IN A SPECIFIC WAY EACH YEAR FOR AN UNDEFINED LENGTH OF TIME”; 3) REPLACE “HOWEVER” WITH “CURRENTLY”IN THE FIRST PARAGRAPH; 4) ADD A THIRD PARAGRAPH “WHILE THE RECOMMENDATION AS WRITTEN

CANNOT BE IMPLEMENTED, THE CITY COUNCIL WILL CONSIDER A FUTURE ACTION TO

ENCOURAGE THE ALLOCATION OF FUNDING YEARLY FOR STREET PAVING ACTIVITIES, AS

LONG AS THE ACTION ALLOWS FOR A MAJORITY OF THE COUNCIL TO WAIVE THE REQUIREMENTS. ALLOCATING FUNDS FOR STREET MAINTENANCE ACTIVITIES WILL NEED TO BE EVALUATED ALONG WITH THE CITY’S OTHER CRITICAL FUNDING NEEDS (INCLUDING

REQUESTS FOR PUBLIC SAFETY, ENVIRONMENTAL HEALTH, ECONOMIC OPPORTUNITIES,

AND CRITICAL NEIGHBORHOOD SERVICES AND INFRASTRUCTURE) DURING THE APPROPRIATE BUDGET DELIBERATIONS. FURTHER ANALYSIS IS REQUIRED ON THE MOST APPROPRIATE LEGAL VEHICLE FOR COUNCIL CONSIDERATION”; AND 5) REQUEST THE CITY ATTORNEY AND INDEPENDENT BUDGET ANALYST WORK WITH COUNCIL DISTRICT 5 TO BRING FORWARD THE ORDINANCE WITHIN RECOMMENDATION 23-106. Second by Monica Montgomery Steppe.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, October 17, 2023
Passed by the following vote:

Item 331: Authorize the Use of City Forces and Authorize Construction and Post-Construction Funds for CIP S-24008 SD East of Rachael Ave SWD.

Total Estimated Cost of Proposed Action and Funding Source:

Please see fiscal considerations section of the staff report.

Council District(s) Affected: 4.

Proposed Actions:

Subitem-A: (R-2024-115 Cor. Copy) ADOPTED AS RESOLUTION R-315171 Resolution adopting an Addendum to Municipal Waterways Maintenance Plan Environmental Impact Report No. 616992 and adopting the Mitigation, Monitoring, and Reporting Program for the Stormdrain East of Rachael Avenue Realignment Project No. 706873.

Subitem-B: (R-2024-110 Cor. Copy) ADOPTED AS RESOLUTION R-315172 Resolution authorizing the use of City Forces to complete construction of CIP S-24008, SD East Of Rachael Ave SWD and appropriation and expenditure of Capital Improvements Program budget funds for City Force related expenses, construction, and related activities.

Committee Actions Taken: N/A
Stormwater Department: Sumer Hasenin, (858) 541-4336
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 2:59 PM
MOTION BY MONICA MONTGOMERY STEPPE 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, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, October 17, 2023
Not Present: Raul A. Campillo, Vivian Moreno.

Item 332: 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).

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:

Subitem-A: (R-2024-72 Cor. Copy) ADOPTED AS RESOLUTION R-315173 Resolution Adopting Mitigated Negative Declaration No. 463483 and Adopting the Mitigation, Monitoring, and Reporting Program for the FY16 Allocation Undergrounding Utilities Districts.

Subitem-B: (R-2024-71) ADOPTED AS RESOLUTION R-315174
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.

Committee Actions Taken: N/A
Transportation Department: James Nabong, (619) 533-3721 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 3:14 PM
MOTION BY MONICA MONTGOMERY STEPPE 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, Sean Elo-Rivera;
Nay: (None);
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, October 17, 2023
Recused: (None);
Not Present: Raul A. Campillo, Vivian Moreno.

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

Item S500: National Immigrants Day.

COUNCILMEMBER LACAVA’S RECOMMENDATION:

APPROVED
Proclaiming October 28, 2023, to be “National Immigrants Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:32 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

NOTE: See Councilmember LaCava’s Council Comment on this item provided at 3:27 p.m.

Item S501: Cesar A. Solis Day.

COUNCILMEMBER MORENO’S RECOMMENDATION:

APPROVED
Proclaiming October 17, 2023, to be “Cesar A. Solis Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:32 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, October 17, 2023
Not Present: Raul A. Campillo, Vivian Moreno.

Item S502: Miramar Ranch 50th Annual Halloween Carnival Day.

COUNCILMEMBER VON WILPERT’S RECOMMENDATION:

APPROVED
Proclaiming October 21, 2023, to be "Miramar Ranch 50th Annual Halloween Carnival Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:32 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:28 p.m.

COUNCIL ACTION: Start Time: 3:28 PM

San Diego City CouncilOctober 17, 2023

San Diego City Council
October 17, 2023