Minutes — San Diego City Council, October 31, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, OCTOBER 31, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 APPROVAL OF COUNCIL MINUTES ......................................................................................10 Item 30: Recognition of the 2023 City of San Diego Employees National University and California Coast Credit Union Scholarship Winners ................................................................10 Item 31: Ageism Awareness Day........................................................................................10 Item 32: San Diego Legends of Hip Hop Day ......................................................................11 Item 33: IC Rod Laver Junior Challenge Worldwide Finals Week...........................................12 Item 34: Día de los Muertos Day........................................................................................12 Item 35: Domestic Violence Awareness Month ....................................................................13 Item 36: Remembering the 2003 Cedar Fire Day.................................................................13 Item 37: 24th Annual San Diego Asian Film Festival Week ...................................................14 Item 50: Approval of the First Amendment to the Master Service Agreement Between the City of San Diego and Zensar Technologies, Inc. for Network Services .........................................14 Minutes of Tuesday, October 31, 2023 Page 2
Table of Contents (Continued)
Item 51: Exempt One (1) Supplemental Program Manager Position in the Parks and Recreation Department From the Classified Service...............................................................................15 Item 52: Pure Water – Owner Controlled Insurance Program – First Amendment to the Agreement with AON Risk Insurance Services West, Inc. for the Owner Controlled Insurance Program (OCIP) – RFP 10089372-18-V ................................................................................16 Item 53: Exemption of Program Manager Position in SDCERS from the Classified Service........... ........................................................................................................................................18 Item 54: Amendment to the Municipal Code to Allow Industrial Wastewater Control Program to Accept an Electronic Signature for Regulatory Submittals......................................................19 Item 55: First Amendment to Agreement with Hugo Parker, LLP to Provide Continuing Legal Services for Cadena v. City of San Diego..............................................................................20 Item 56: Request to Exempt One Program Coordinator Position in the Human Resources Department from the Classified Service ...............................................................................21 Item 57: Approval of NEOGOV Contract Extension to August 2024 .......................................22 Item 100: Settlement of Rosa Calva-Garcia v. City of San Diego, et al., United States District Court No. 22cv01478-MMA-SBC. Risk Claim No. 25062 .........................................................23 Item 101: Settlement of Arthur Aragon v. City of San Diego, San Diego Superior Court No. 37- 2019-00063223-CU-PO-CTL, Claim No. 22308......................................................................24 Item 102: Settlement of Felix Gutierrez Perez v. City of San Diego, United States District Court No. 22-cv-0712-BEN-DDL, Claim No. 26195 .........................................................................25 Item 103: Appointment to the La Jolla Shores Planned District Advisory Board ......................26 Item 104: Appointments and Reappointments to the Small Business Advisory Board..............26 Item 105: Appointments and Reappointment to the Human Relations Commission ................27 Item 106: Appointments and Reappointments to the Youth Commission...............................28 Item 107: Resolution Excusing Councilmember Stephen Whitburn from the City Council Meetings Held on October 9, 2023 and October 10, 2023......................................................29 Item 330: Appointments to the Ethics Commission..............................................................30 Item 331: Calling a Municipal Primary Election and a Municipal Special Election in the City of San Diego to be Held on Tuesday, March 5, 2024, and Consolidating Elections with the California State Presidential Primary Election........................................................................31 Minutes of Tuesday, October 31, 2023 Page 3
Table of Contents (Continued)
Item S500: Earl B. Gilliam Bar Foundation Day....................................................................32 Item S501: Appointments to the Balboa Park Committee .....................................................33 REPORT OUT FROM CLOSED SESSION................................................................................34 ADJOURNMENT .................................................................................................................34 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, October 31, 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 12:28 p.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with Council President Pro Tem Montgomery Steppe and Councilmember Campillo not present. Council President Pro Tem Montgomery Steppe arrived to the meeting at 2:05 p.m. Council President Elo-Rivera recessed the meeting at 2:35 p.m. to convene the Housing Authority meeting.

Council President Elo-Rivera reconvened the regular meeting at 4:14 p.m. with Councilmember Campillo and Councilmember Moreno not present. The meeting was adjourned by Council President Elo-Rivera at 4:19 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-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

CD-7 Councilmember Raul A. Campillo (Excused by Resolution R-315116, due to family leave) 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-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 31, 2023

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Amit Dhuleshia commented on rodeos in San Diego.

COUNCIL ACTION: Start Time: 11:36 AM
PUBLIC COMMENT-2:

Dave Nicola commented on backyard apartment buildings.

COUNCIL ACTION: Start Time: 11:38 AM
PUBLIC COMMENT-3:

U.S. Supreme Court Case #21-7947/ California Supreme Court Case #D079408 commented on Amendment 14th Section I.

COUNCIL ACTION: Start Time: 11:41 AM
PUBLIC COMMENT-4:

Bob Kuczewski commented on Torrey Pines Gliderport.

COUNCIL ACTION: Start Time: 11:43 AM
PUBLIC COMMENT-5:

Henry Landy III commented on homeless & police response.

COUNCIL ACTION: Start Time: 11:45 AM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, October 31, 2023
PUBLIC COMMENT-6:

Tasha Williamson commented on SDPD corruption/PRA.

COUNCIL ACTION: Start Time: 11:48 AM
PUBLIC COMMENT-7:

Paramjyoti Kakileti commented on loopholes in system and putting SLBE at risk.

COUNCIL ACTION: Start Time: 11:51 AM
PUBLIC COMMENT-8:

Sabrina Weddle commented on jail death.

COUNCIL ACTION: Start Time: 11:53 AM
PUBLIC COMMENT-9:

Yusef Miller commented on access to the Mayor for impacted families.

COUNCIL ACTION: Start Time: 11:55 AM
PUBLIC COMMENT-10 (virtual):

Lori Saldaña commented on the San Diego Democratic Party.

COUNCIL ACTION: Start Time: 11:58 AM
PUBLIC COMMENT-11 (virtual):

Diane Grace commented on flavored tobacco and vaping.

COUNCIL ACTION: Start Time: 12:00 PM
PUBLIC COMMENT-12 (virtual):

Dan Smiechowski commented on kamikaze.

COUNCIL ACTION: Start Time: 12:02 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, October 31, 2023
PUBLIC COMMENT-13 (virtual):

Samantha commented on rodeos.

COUNCIL ACTION: Start Time: 12:04 PM
PUBLIC COMMENT-14 (virtual):

Blair Beekman commented on fires and budget issues.

COUNCIL ACTION: Start Time: 12:05 PM
PUBLIC COMMENT-15 (virtual):

Rachel H commented on speciesism.

COUNCIL ACTION: Start Time: 12:07 PM
PUBLIC COMMENT-16 (virtual):

Margarita comments on rodeos.

COUNCIL ACTION: Start Time: 12:10 PM
PUBLIC COMMENT-17 (virtual):

Terri-Ann Skelly commented on tobacco.

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

Judi Strang commented on tobacco and marijuana.

COUNCIL ACTION: Start Time: 12:14 PM
PUBLIC COMMENT-19 (virtual):

Peggy Walker commented on National Drug Free Work Week.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, October 31, 2023
COUNCIL ACTION: Start Time: 12:16 PM
PUBLIC COMMENT-20 (virtual):

Truth commented on the history of Halloween.

COUNCIL ACTION: Start Time: 12:18 PM
PUBLIC COMMENT-21 (virtual):

Audra commented on vaccines.

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

Kelly McCormick commented on marijuana.

COUNCIL ACTION: Start Time: 12:23 PM
PUBLIC COMMENT-23 (virtual):

Joy Sunyata commented on the deeper awareness of the moment.

COUNCIL ACTION: Start Time: 12:25 PM
PUBLIC COMMENT-24 (virtual):

Unknown caller commented on minimum property standards.

COUNCIL ACTION: Start Time: 12:27 PM

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

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, October 31, 2023
Council President Elo-Rivera commented on the revision of the appointments to the Ethics Commission to indicate the withdrawal of William Gore in response from a memorandum from the Mayor’s Office.

COUNCIL ACTION: Start Time: 10:30 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
10/2/2023
10/3/2023
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

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

Item 30: Recognition of the 2023 City of San Diego Employees National University and California Coast Credit Union Scholarship Winners.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

ITEM PRESENTED
Recognition of the 2023 City of San Diego Employees National University and California Coast Credit Union Scholarship Winners.

COUNCIL ACTION: Start Time: 10:31 AM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, October 31, 2023
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 31: Ageism Awareness Day.

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

APPROVED
Proclaiming October 17, 2023, to be “Ageism Awareness Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 32: San Diego Legends of Hip Hop Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming November 5, 2023, to be “San Diego Legends of Hip Hop Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, October 31, 2023
Item 33: IC Rod Laver Junior Challenge Worldwide Finals Week.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming November 7-11, 2023, to be “IC Rod Laver Junior Challenge Worldwide Finals Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 34: Día de los Muertos Day.

COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming November 2, 2023, to be “Día de los Muertos Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 35: Domestic Violence Awareness Month.

CITY ATTORNEY ELLIOTT, COUNCILMEMBER CAMPBELL AND COUNCILMEMEBER VON WILPERT’S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, October 31, 2023

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

COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 36: Remembering the 2003 Cedar Fire Day.

COUNCILMEMBER VON WILPERT AND COUNCILMEMBER LEE’S RECOMMENDATION:

APPROVED
Proclaiming October 25, 2023, to be “Remembering the 2003 Cedar Fire Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 37: 24th Annual San Diego Asian Film Festival Week.

COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, October 31, 2023
Proclaiming November 2 – November 11, 2023, to be the “24th Annual San Diego Asian Film Festival Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 50: Approval of the First Amendment to the Master Service Agreement Between the City of San Diego and Zensar Technologies, Inc. for Network Services.

Total Estimated Cost of Proposed Action and Funding Source:

Funding for this contract will come from both General and Non-General Funds. Total cost:
$159,206,654
Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-34) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 14, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Master Services Agreement for Network Services with Zensar Technologies, Inc.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on October 18, 2023.

ACTION: Motion by Committee Member Lee, 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: Jonathan Behnke, (619) 533-3637 Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, October 31, 2023
City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 51: Exempt One (1) Supplemental Program Manager Position in the Parks and Recreation Department From the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:
$248,044 annual cost with fringe. Any costs for FY 24 will be covered by salary savings in the Parks and Recreation Department in the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-29) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 14, 2023 Introduction of an Ordinance authorizing the exemption of a Program Manager position in the City's Parks and Recreation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 6, 2023. This position will be responsible for overseeing the Grants and CIP Administration Section. This Action is brought under San Diego Charter section 117(a)(17).

Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, October 31, 2023
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.

Item 52: Pure Water – Owner Controlled Insurance Program – First Amendment to the Agreement with AON Risk Insurance Services West, Inc. for the Owner Controlled Insurance Program (OCIP) – RFP 10089372-18-V.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of this amendment is $886,772.04, which will bring the total cost for this agreement to $1,886,522.04. The total cost estimated to be spent in FY24 is $164,016.71. $62,326.35 will come from Metro Sewer Utility Fund, and $101,690.36 will come from Water Utility Operating Fund. The remaining four years of the agreement is expected to be $722,755.33 with $274,647.03 from Metro Sewer Utility Fund and $448,108.30 from Water Utility Operating Fund.

Council District(s) Affected: 1, 2, 3, 5, 6, 7.

Proposed Actions:
(O-2024-33) INTRODUCED, TO BE ADOPTED TUESDAY, NOVEMBER 14, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Agreement with AON Risk Insurance Services West, Inc., for the Owner Controlled Insurance Program in connection with the Pure Water Phase 1 Program for an amount not-toexceed $886,772.04, and to extend the term of the Agreement an additional five years. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on October 12, 2023.

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

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

Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Jennifer Campbell.

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, October 31, 2023
Passed by the following vote:

Item 53: 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:

Adopt the following Ordinance which was introduced on 10/10/2023, Item 50 (Council voted 6- 0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present, Councilmember Moreno-not present):
(O-2024-25) ADOPTED AS ORDINANCE O-21737 (New Series)
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: 10:04 AM

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

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, October 31, 2023
Item 54: Amendment to the Municipal Code to Allow Industrial Wastewater Control Program to Accept an Electronic Signature for Regulatory Submittals.

Total Estimated Cost of Proposed Action and Funding Source: No Funding.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 10/10/2023, Item 51 (Council voted 6- 0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present, Councilmember Moreno-not present):
(O-2024-26) ADOPTED AS ORDINANCE O-21738 (New Series)
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: 10:04 AM

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

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, October 31, 2023
Item 55: First Amendment to Agreement with Hugo Parker, LLP to Provide Continuing Legal Services for Cadena v. City of San Diego.

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:

Adopt the following Ordinance which was introduced on 10/10/2023, Item 330 (Council voted 6- 0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present, Councilmember Moreno-not present):
(O-2024-23) ADOPTED AS ORDINANCE O-21739 (New Series)
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: 10:04 AM

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

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, October 31, 2023
Item 56: 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:

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:

Adopt the following Ordinance which was introduced on 10/17/2023, Item 50 (Council voted 7- 0, Councilmember Campillo-not present, Councilmember Moreno-not present):
(O-2024-28) ADOPTED AS ORDINANCE O-21740 (New Series)
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: 10:04 AM

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

Passed by the following vote:

Item 57: Approval of NEOGOV Contract Extension to August 2024.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, October 31, 2023
Total service cost from 8/19/2023-8/18/2024 will be $118,510.15.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 10/17/2023, Item 51 (Council voted 7- 0, Councilmember Campillo-not present, Councilmember Moreno-not present):
(O-2024-20) ADOPTED AS ORDINANCE O-21741 (New Series)
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: 10:04 AM

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

Passed by the following vote:

Item 100: Settlement of Rosa Calva-Garcia v. City of San Diego, et al., United States District Court No. 22cv01478-MMA-SBC. Risk Claim No. 25062.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, October 31, 2023
Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $325,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-117) ADOPTED AS RESOLUTION R-315179
Resolution authorizing the settlement of Rosa Calva-Garcia v. City of San Diego, et al., United States District Court No. 22cv01478-MMA-SBC, related to injuries sustained during an arrest for assault with a deadly weapon on May 23, 2020. Risk Claim No. 25062.

Committee Actions Taken: N/A
Office of the City Attorney: Gary D. Leasure, (619) 533-5883 COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 101: Settlement of Arthur Aragon v. City of San Diego, San Diego Superior Court No. 37- 2019-00063223-CU-PO-CTL, Claim No. 22308.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $131,250.00 will be paid from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-118) ADOPTED AS RESOLUTION R-315180
Resolution authorizing the settlement of Arthur Aragon v. City of San Diego, San Diego Superior Court 37-2019-00063223-CU-PO-CT, related to a claim for personal injuries sustained on Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, October 31, 2023
October 27, 2018 as a result of an unsecured handrail on a ramp at the San Diego County Credit Union Stadium. Risk Claim No. 22308.

Committee Actions Taken: N/A
Office of the City Attorney: Kelly L. McGeehan, (619) 533-5884 COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 102: Settlement of Felix Gutierrez Perez v. City of San Diego, United States District Court No. 22-cv-0712-BEN-DDL, Claim No. 26195.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $70,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-98) ADOPTED AS RESOLUTION R-315181
Resolution authorizing the settlement of Felix Gutierrez Perez v. City of San Diego, United States District Court No. 22-cv-0712-BEN-DDL, related to a bite by a police K9 on Plaintiff Felix Gutierrez Perez on November 19, 2020. Risk Claim No. 26195.

Committee Actions Taken: N/A
Office of the City Attorney: Blair B. McGregor, (619) 533-5570 COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, October 31, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.

Item 103: Appointment to the La Jolla Shores Planned District Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized for this action.

Council District(s) Affected: 1.

Proposed Actions:
(R-2024-134) ADOPTED AS RESOLUTION R-315182
Resolution confirming the Mayor's appointment of Sherri Lightner for a term ending April 1, 2025, to the La Jolla Shores Planned District Advisory Board.

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: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 104: Appointments and Reappointments to the Small Business Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, October 31, 2023
Council District(s) Affected: 1, 3, 8.

Proposed Actions:
(R-2024-133) ADOPTED AS RESOLUTION R-315183
Resolution confirming the Mayor's appointments of Vallery Belloso, Jenna Hanson, and Sunny Lee and reappointments of Austin Evans, Sarah Mattinson, Ania Kaminska, and Natasha Salgado to the Small Business Advisory Board for terms expiring July 1, 2025.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 105: Appointments and Reappointment to the Human Relations Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 5, 6.

Proposed Actions:
(R-2024-132) ADOPTED AS RESOLUTION R-315184
Resolution confirming the Mayor's appointments of Marshall Fields III, Sara Brown, and the reappointment of Kathleen Moehlig to the Human Relations Commission for terms ending July 22, 2026.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, October 31, 2023
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 106: Appointments and Reappointments to the Youth Commission.

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, 3, 5, 6, 7, 8, 9.

Proposed Actions:
(R-2024-142) ADOPTED AS RESOLUTION R-315185
Resolution confirming the Mayor's appointments of Sienna Duggan, Maya Isabel CohenGoncalves, Mohamed Libasse Mbengue, Lara Mertens, Kayla Ruthven, Aidan Yun-Jen Lin, Isabelle Marie Santos, Emily Wong, and Charlie Nieto and reappointment of Jesus Martin Gallegos-Munoz, for terms ending July 1, 2024, to the Youth Commission.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, October 31, 2023
Item 107: Resolution Excusing Councilmember Stephen Whitburn from the City Council Meetings Held on October 9, 2023 and October 10, 2023.

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

Proposed Actions:
(R-2024-136 Cor. Copy) ADOPTED AS RESOLUTION R-315186
Resolution excusing the absence of Councilmember Stephen Whitburn from the City Council meetings of October 9 and 10, 2023.

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

Committee Actions Taken: N/A
Council District 3: Codi Vierra, (619) 236-6633
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:04 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 330: Appointments to the Ethics Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2, 3
Proposed Actions:

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, October 31, 2023
(R-2024-131 Rev.) ADOPTED AS RESOLUTION R-315188
Resolution confirming the Mayor's appointment of Deval Zaveri to the Ethics Commission for terms expiring June 30, 2027.

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: 2:03 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 331: Calling a Municipal Primary Election and a Municipal Special Election in the City of San Diego to be Held on Tuesday, March 5, 2024, and Consolidating Elections with the California State Presidential Primary Election.

Total Estimated Cost of Proposed Action and Funding Source:

Please note that the financial information associated with this item represents the initial budgeted amount of $4,212,979.00 within FY 2024 Citywide Elections Expenditures. Final election costs will be calculated based on the total number of participating jurisdictions, the number of items placed on the ballot, and may differ from the information included here.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2024-31) INTRODUCED AND ADOPTED AS ORDINANCE O-21742 (New Series) Introduction and adoption of an Ordinance calling a Municipal Primary Election in the City of San Diego on Tuesday, March 5, 2024, and consolidating the Municipal Primary Election with the California State Presidential Primary Election to be held on the same date, for the purpose of electing candidates for the office of the Mayor, office of the City Attorney, and offices of Council Districts 1, 3, 5, 7, and 9.

Subitem-A is not subject to the Mayor's veto.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, October 31, 2023
Subitem-B: (R-2024-138) ADOPTED AS RESOLUTION R-315189
Resolution requesting the consolidation of a Municipal Primary Election to be held in the City of San Diego on Tuesday, March 5, 2024, with the California State Presidential Primary Election to be held on the same date.

Subitem-B is not subject to the Mayor's veto.

Subitem-C: (O-2024-30) INTRODUCED AND ADOPTED AS ORDINANCE O-21743 (New Series) Introduction and adoption of an Ordinance calling a Municipal Special Election in the City of San Diego on Tuesday, March 5, 2024, for the purpose of submitting to the qualified voters of the City one or more ballot measures; and consolidating the Municipal Special Election with the California State Presidential Primary Election to be held on the same date.

Subitem-C is not subject to the Mayor's veto.

Subitem-D: (R-2024-139) ADOPTED AS RESOLUTION R-315190
Resolution requesting the consolidation of a Municipal Special Election to be held in the City of San Diego on Tuesday, March 5, 2024, with the California State Presidential Primary Election to be held on the same date.

Subitem-D is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Office of the City Clerk: Diana J.S. Fuentes, (619) 533-4080 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:25 PM

MOTION BY MONICA MONTGOMERY STEPPE TO INTRODUCE, DISPENSE WITH THE READING, AND ADOPT THE ORDINANCES IN SUBITEMS A AND C; AND ADOPT THE RESOLUTIONS IN SUBITEMS B AND D. Second by Sean Elo-Rivera.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, October 31, 2023
Item S500: Earl B. Gilliam Bar Foundation Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

Proclaiming November 4, 2023, to be “Earl B. Gilliam Bar Foundation Day” in the City of San Diego.

APPROVED
COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item S501: Appointments to the Balboa Park Committee.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 3.

Proposed Actions:
(R-2024-147) ADOPTED AS RESOLUTION R-315187
Resolution confirming the Mayor's appointments of Allison Soares and Dr. Mary McKenzie to the Balboa Park Committee for terms expiring March 1, 2025.

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, October 31, 2023
Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:19 p.m. in honor of the memory of:

William Tayari Howard as requested by Council President Pro Tem Montgomery Steppe COUNCIL ACTION: Start Time: 4:15 PM

San Diego City CouncilOctober 31, 2023

San Diego City Council
October 31, 2023