Minutes — San Diego City Council, November 7, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, NOVEMBER 7, 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 ..........................................................................................................................................7 SPECIAL ORDERS OF BUSINESS ...........................................................................................8 APPROVAL OF COUNCIL MINUTES........................................................................................8 Item 30: HomeAid San Diego’s 5th Annual Step Up Day ........................................................9 Item 31: San Diego Performing Arts League Day...................................................................9 Item 32: Vanessa Ruiz Day................................................................................................10 Item 33: 15th Annual San Diego Beer Week .......................................................................10 Item 34: KLNV Qué Buena 106.5 FM Day............................................................................11 Item 35: Veterans and Military Families Month....................................................................11 Item 36: La Jolla Open Aire Market’s 25th Anniversary Day..................................................12 Item 37: National Women’s Soccer League Championship Day.............................................12 Item 50: Second Amendment to the As-Needed Civil Engineering Services Agreement #H156450 with Kleinfelder Inc., and Scripps Miramar Ranch Library Parking Lot Expansion Project ..............................................................................................................................13 Minutes of Tuesday, November 7, 2023 Page 2
Table of Contents (Continued)
Item 51: Third Amendment to the Agreement # H197050 with Rick Engineering Company for Professional Services for Design Support During the Construction of the La Media Roadway Improvements Project ........................................................................................................14 Item 100: Approval of Body Worn Cameras and Digital Evidence Management Technology Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance............ ........................................................................................................................................15 Item 101: Authorization to Enter Into the Third Amendment to the Contract with Bode Cellmark Forensics, Inc. dba Bode Technology for DNA Testing of Sexual Assault Evidence Kits ............16 Item 102: Authorization to Transfer Funds from Fund Balance - Transnet Extension RTCI Fee to the N. Torrey Pines Rd Bridge/Los Penasquitos Project .....................................................17 Item 103: A Resolution for Authorization to Execute Construction Change Order #2 for Sewer and AC Water Group 763 (K-21-1968-DBB-3) with TC Construction, Inc.................................19 Item 104: Third Amendment to the Agreement with NAMI San Diego for the Alliance Program ........................................................................................................................................20 Item 105: Community Project Funding/Congressionally Directed Spending Grant Award for Downtown Complete Street Phase 3A2 (B23046) .................................................................21 Item 106: Award Five (5) Professional As-Needed Land Surveying, Mapping and Digitizing Services ............................................................................................................................22 Item 107: Extension to Memorandum of Understanding for the Proposed Annexation and Development of the Nakano Property ..................................................................................24 Item 108: Adopting the 2024 Legislative Calendar and Fiscal Year 2025 Budget Development and Fiscal Year 2024 Budget Monitoring Key Dates...............................................................25 Item 330: Annual Presentation of the City Treasurer's Investment Policy and Delegation of Authority to the City Treasurer to Invest Funds ....................................................................26 Item 331: Appeal of the Historical Designation of the Mamie and Oliver Evans/ William Templeton Johnson House (HRB Site #1493) Located at 4388 Ampudia Street.......................27 Item 332: Appeal of the Historical Designation of the Fred Rohr/ Ralph L. Frank House (HRB Site #1492) Located at 555 San Fernando Street .................................................................29 Item S500: Resolution Calling on the California Public Utilities Commission (CPUC) and the Public Advocates Office (Cal Advocates) to Better Protect San Diego Utility Customers by Implementing the California State Auditor’s Recommendations for Improvements to Their Oversight ..........................................................................................................................30 Minutes of Tuesday, November 7, 2023 Page 3
Table of Contents (Continued)
Item S501: Appointments to the Ethics Commission ............................................................31 Item S502: Runaway & Homeless Youth Prevention Month ..................................................32 REPORT OUT FROM CLOSED SESSION................................................................................32 ADJOURNMENT .................................................................................................................32 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, November 7, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. Councilmember LaCava arrived to the meeting at 10:08 a.m. The meeting was recessed by Council President Elo-Rivera at 11:18 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 Council President Pro Tem Montgomery Steppe and Councilmember Campillo not present. The meeting was adjourned by Council President Elo-Rivera at 3:36 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
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-4 Council President Pro Tem Monica Montgomery Steppe 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-not present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-not 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, November 7, 2023

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Supreme Court of California Case #S271848 commented on Amendment 14 Section I.

COUNCIL ACTION: Start Time: 10:51 AM
PUBLIC COMMENT-2:

Amit Dhuleshia commented on rodeo ban.

COUNCIL ACTION: Start Time: 10:53 AM
PUBLIC COMMENT-3 (virtual):

Diane Grace commented on mental health issues.

COUNCIL ACTION: Start Time: 10:55 AM
PUBLIC COMMENT-4 (virtual):

Dan Smiechowski commented on appointments to the Ethics Commission.

COUNCIL ACTION: Start Time: 10:58 AM
PUBLIC COMMENT-5 (virtual):

Becky Rapp commented on drug prevention educational videos.

COUNCIL ACTION: Start Time: 11:00 AM
PUBLIC COMMENT-6 (virtual):

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, November 7, 2023
Unknown caller commented on the disenfranchisement of Palestinians.

COUNCIL ACTION: Start Time: 11:02 AM
PUBLIC COMMENT-7 (virtual):

Kathleen Kastner commented on rodeos.

COUNCIL ACTION: Start Time: 11:04 AM
PUBLIC COMMENT-8 (virtual):

Joy Sunyata commented on smart streetlights.

COUNCIL ACTION: Start Time: 11:06 AM
PUBLIC COMMENT-9 (virtual):

John Stump commented on taxes.

COUNCIL ACTION: Start Time: 11:08 AM
PUBLIC COMMENT-10 (virtual):

Samantha commented on rodeos.

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

Judi Strang commented on testimony for consent items at the County.

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

Al Del Mastro commented on the tenant protections program.

COUNCIL ACTION: Start Time: 11:14 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, November 7, 2023
PUBLIC COMMENT-13 (virtual):

Blair Beekman commented on surveillance technology.

COUNCIL ACTION: Start Time: 11:16 PM

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

Councilmember LaCava commented on his late arrival due to his attendance at the opening ceremony for the IC Rod Laver Junior Challenge Worldwide Finals. This is the first time the finals are being held in the United States and LaCava wished all the contestants good luck.

COUNCIL ACTION: Start Time: 10:23 AM
COUNCIL COMMENT-2:

Councilmember von Wilpert commented on a domestic violence case on whether the abuser is legally allowed to own a gun under the second amendment jurisprudence. She commented that if the case gets overturned, San Diego laws prohibiting domestic violence abusers from owning firearms will also be overturned.

COUNCIL ACTION: Start Time: 10:24 AM
CITY CLERK COMMENT:

City Clerk Diana Fuentes commented on the candidate nominating period for the 2024 Primary Election for Councilmember for districts 1, 3, 5, 7, and 9 will begin November 16, 2023, and the deadline to submit is December 7, 2023, at 5:00 p.m.

COUNCIL ACTION: Start Time: 10:22 AM

SPECIAL ORDERS OF BUSINESS
None.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, November 7, 2023

APPROVAL OF COUNCIL MINUTES

APPROVED
10/9/2023
10/10/2023
COUNCIL ACTION: Start Time: 10:03 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Sean Elo-Rivera.

Passed by the following vote:

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

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

Item 30: HomeAid San Diego’s 5th Annual Step Up Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming November 12, 2023, to be “HomeAid San Diego’s 5th Annual Step Up Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY KENT LEE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

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

Item 31: San Diego Performing Arts League Day.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, November 7, 2023
COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Proclaiming November 13, 2023, be “San Diego Performing Arts League Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY KENT LEE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

Item 32: Vanessa Ruiz Day.

COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Proclaiming November 16, 2023, to be the “Vanessa Ruiz Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY KENT LEE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

Item 33: 15th Annual San Diego Beer Week.

COUNCILMEMBER LEE'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, November 7, 2023

APPROVED
Proclaiming November 3 – November 12, 2023, to be the “15th Annual San Diego Beer Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY KENT LEE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

Item 34: KLNV Qué Buena 106.5 FM Day.

COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming November 7, 2023, to be “KLNV Qué Buena 106.5 FM Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY KENT LEE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

Item 35: Veterans and Military Families Month.

COUNCILMEMBER LEE’S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, November 7, 2023
Proclaiming the month of November 2023, to be the “Veterans and Military Families Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY KENT LEE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

Item 36: La Jolla Open Aire Market’s 25th Anniversary Day.

COUNCILMEMBER LACAVA’S RECOMMENDATION:

APPROVED
Proclaiming October 25, 2023, to be “La Jolla Open Aire Market’s 25th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY KENT LEE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

Item 37: National Women’s Soccer League Championship Day.

COUNCIL PRESIDENT ELO-RIVERA’S RECOMMENDATION:

APPROVED
Proclaiming November 11, 2023, to be “National Women’s Soccer League Championship Day” in the City of San Diego.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, November 7, 2023
COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY KENT LEE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

Item 50: Second Amendment to the As-Needed Civil Engineering Services Agreement #H156450 with Kleinfelder Inc., and Scripps Miramar Ranch Library Parking Lot Expansion Project.

Total Estimated Cost of Proposed Action and Funding Source:

This action authorizes an amount of $200,000.00 for the as-needed task order, bringing the total contract value to $5,200,000.00.

Council District(s) Affected: 5.

Proposed Actions:
(O-2024-37) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 5, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a Second Amendment to the As-Needed Civil Engineering Agreement with Kleinfelder, Inc. (H156450), extending the contract from 96 months to 156 months and in an amount not-to-exceed $200,000, to provide professional civil engineering services, related to the Scripps Miramar Ranch Library Parking Lot Expansion 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 October 20, 2023.

ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member von Wilpert, to recommend the approval of staff's proposed actions.

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

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, November 7, 2023
Engineering & Capital Projects: Jason Grani, (619) 533-7525 City Attorney Contact: Dana Fairchild
COUNCIL ACTION: Start Time: 10:03 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Kent Lee.

Passed by the following vote:

Item 51: Third Amendment to the Agreement # H197050 with Rick Engineering Company for Professional Services for Design Support During the Construction of the La Media Roadway Improvements Project.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the Third amendment to the agreement with Rick Engineering Company to provide professional civil engineering services for La Media Road Improvements Project in an amount not-to-exceed $392,543.00, of which $211,512 is from Otay Mesa EIFD Capital Project Fund, $148,140 is from Developer Contributions CIP Fund, and $32,891 is from Otay Water District Reimbursement S15018 Fund.

Council District(s) Affected: 8.

Proposed Actions:
(O-2024-36) INTRODUCED, TO BE ADOPTED TUESDAY, DECEMBER 5, 2023 Introduction of an Ordinance authorizing the Mayor, or designee, to execute Amendment No. 3 to the Contract with Rick Engineering Company, for additional professional design support services in an amount not-to-exceed $392,543 in connection with the La Media Road Improvements 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 October 20, 2023.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, November 7, 2023
ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member von Wilpert, to recommend the approval of staff's proposed actions.

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

Engineering & Capital Projects: Catherine Dungca, (619) 533-3778 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:03 AM
CONSENT MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Kent Lee.

Passed by the following vote:

Item 100: Approval of Body Worn Cameras and Digital Evidence Management Technology Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-157) ADOPTED AS RESOLUTION R-315195
Resolution approving Body Worn Cameras and Digital Evidence Management technology pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on October 18, 2023.

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

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

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, November 7, 2023
Police: Captain Laura Mc Lean, (619) 692-4886
City Attorney Contact: Jill S. Cristich
COUNCIL ACTION: Start Time: 10:03 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 101: Authorization to Enter Into the Third Amendment to the Contract with Bode Cellmark Forensics, Inc. dba Bode Technology for DNA Testing of Sexual Assault Evidence Kits.

Total Estimated Cost of Proposed Action and Funding Source:

COPS Fund, this action seeks expenditure authority to increase the not-to-exceed amount from $3,000,000 to $4,000,000 over the five-year term for the DNA Testing of SAEKs. An estimated $500,000.00 will be utilized in Fiscal Year 2024 and $500,000.00 will be utilized in Fiscal Year 2025.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-158) ADOPTED AS RESOLUTION R-315196
Resolution authorizing the Mayor, or his designee, to execute the Third Amendment to the Contract with Bode Cellmark Forensics Inc., dba Bode Technology for DNA testing of sexual assault evidence kits, for an additional $1,000,000 for a total not-to-exceed amount of $4,000,000 over the five-year term of the contract.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on October 18, 2023.

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

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

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, November 7, 2023
Police: Shawn Montpetit, (619) 531-2817
City Attorney Contact: Jill S. Cristich
COUNCIL ACTION: Start Time: 10:03 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 102: Authorization to Transfer Funds from Fund Balance - Transnet Extension RTCI Fee to the N. Torrey Pines Rd Bridge/Los Peñasquitos Project.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the transfer of $1,200,000.00 CIP N Torrey Pines Rd Bridge/Los Peñasquitos within Transnet Extension RTCI Fee Fund for the purpose of procuring construction services via Job Order Contract task.

Council District(s) Affected: 1.

Proposed Actions:
(R-2024-168) ADOPTED AS RESOLUTION R-315197
Resolution authorizing the Chief Financial Officer to transfer $1,200,000 from Fund Balance - Transnet Extension RTCI Fee Fund 400174 to CIP S-00935 N. Torrey Pines Rd Bridge/Los Peñasquitos to fund the construction of the beach access ramp below the North Torrey Pines Road/Los Peñasquitos bridge.

Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Capital Improvements Program Budget in CIP S-00935 (N Torrey Pines Rd Bridge/Los Peñasquitos), and to appropriate and expend an amount not-to-exceed $1,200,000, for the purpose of procuring construction services.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, November 7, 2023
ACTION: Motion by Committee Member Montgomery Steppe, 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.

Passed by the following vote:

Item 103: A Resolution for Authorization to Execute Construction Change Order #2 for Sewer and AC Water Group 763 (K-21-1968-DBB-3) with TC Construction, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of this change order is for $850,000; of which $468,496.57 is from the Gas Tax Fund, $226,119.76 from Transnet Extension 7 fund as well as $155,383.67 from General Fund Commercial Paper.

Council District(s) Affected: 6.

Proposed Actions:

Subitem-A: (R-2024-151) ADOPTED AS RESOLUTION R-315198
Resolution determining that executing Construction Change Order No. 2 to the agreement (K-21- 1968-DBB-3) with TC Construction, Inc. for construction of the Sewer and AC Water Group 763 project is categorically exempt from the California Environmental Quality Act under State CEQA Guidelines section 15301.

Subitem-B: (R-2024-152) ADOPTED AS RESOLUTION R-315199
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, November 7, 2023
Resolution authorizing the execution of Construction Change Order No. 2 to the agreement (K21-1968-DBB-3) with TC Construction, Inc. for construction of the Sewer and AC Water Group 763 project.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.

ACTION: Motion by Committee Member Montgomery Steppe, 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: Cathy Dungca, (619) 533-3778 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:03 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 104: Third Amendment to the Agreement with NAMI San Diego for the Alliance Program.

Total Estimated Cost of Proposed Action and Funding Source:

This item is to increase the not-to-exceed amount of the agreement to $2,896,914, over the life of the contract, contingent on the Chief Financial Officer certifying that the grant funds are available, and the Chief Financial Officer furnishing a certificate certifying that funds necessary for expenditure are, or will be, on deposit with the City Treasurer.

Council District(s) Affected: 3.

Proposed Actions:
(R-2024-154) ADOPTED AS RESOLUTION R-315200
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, November 7, 2023
Resolution authorizing execution of the Third Amendment to the Agreement with NAMI San Diego for the Alliance Program.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on October 19, 2023.

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

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

Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:03 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 105: Community Project Funding/Congressionally Directed Spending Grant Award for Downtown Complete Street Phase 3A2 (B23046).

Total Estimated Cost of Proposed Action and Funding Source:

The action is requesting approval to accept $3,144,000 Grant Fund-Federal.

Council District(s) Affected: 3.

Proposed Actions:
(R-2024-156) ADOPTED AS RESOLUTION R-315201
Resolution authorizing the Mayor, or his designee, to make applications to the U.S. Department of Transportation and take all necessary actions to secure funding in an amount not-to-exceed $3,144,000 in Fund 600000, Grant Fund-Federal, for the Downtown Complete Streets project; Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, November 7, 2023
Authorizing the Chief Financial Officer to increase the Capital Improvement Program Budget in CIP A-IA.00001, Bicycle Facilities (B23046, Downtown Complete Streets Phase 3A2), and to accept, appropriate and expend an amount not-to-exceed $3,144,000, for the purpose of supporting construction of the Downtown Complete Streets project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.

ACTION: Motion by Committee Member Montgomery Steppe, 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.

Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:03 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 106: Award Five (5) Professional As-Needed Land Surveying, Mapping and Digitizing Services.

Total Estimated Cost of Proposed Action and Funding Source:

The total not-to-exceed amount is $25,000,000, for all five (5) professional agreements ($5,000,000 for each agreement). The five agreements' minimum guarantee of $5,000 will be provided by the Sewer Fund, if needed. Funding for individual tasks will be provided by General/Water/Sewer Funds and other sources and will be allocated on a task by task basis.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, November 7, 2023
Subitem-A: (R-2024-167) ADOPTED AS RESOLUTION R-315202
Resolution determining that approving the five Professional As-Needed Land Surveying, Mapping and Digitizing Services Contracts with Alta Surveying, Inc., GIS Surveyors, Inc., NV5, Inc., Psomas, and Towill, Inc., for as-needed land and aerial surveying services is categorically exempt from the California Environmental Quality Act, pursuant to state CEQA Guidelines Section 15306 and Section 15309.

Subitem-B: (R-2024-160 REV. COPY) ADOPTED AS AMENDED AS RESOLUTION R-315203 Resolution authorizing an Agreement with Alta Land Surveying, Inc. for as-needed land and aerial surveying services in an amount not to exceed $5,000,000 for five years, and related funding actions.

Subitem-C: (R-2024-161 REV. COPY) ADOPTED AS AMENDED AS RESOLUTION R-315204 Resolution authorizing an Agreement with GIS Surveyors, Inc. for as-needed land and aerial surveying services in an amount not to exceed $5,000,000 for five years, and related funding actions.

Subitem-D: (R-2024-165 REV. COPY) ADOPTED AS AMENDED AS RESOLUTION R-315205 Resolution authorizing an Agreement with NV5, Inc. for as-needed land and aerial surveying services in an amount not to exceed $5,000,000 for five years, and related funding actions.

Subitem-E: (R-2024-163 REV. COPY) ADOPTED AS AMENDED AS RESOLUTION R-315206 Resolution authorizing an Agreement with Psomas for as-needed land and aerial surveying services in an amount not to exceed $5,000,000 for five years, and related funding actions.

Subitem-F: (R-2024-162 REV. COPY) ADOPTED AS AMENDED AS RESOLUTION R-315207 Resolution authorizing an Agreement with Towill, Inc. for as-needed land and aerial surveying services in an amount not-to-exceed $5,000,000 for five years, and related funding actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.

ACTION: Motion by Committee Member Montgomery Steppe, 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: Raymond Mathe, (858) 492-6050 Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, November 7, 2023
City Attorney Contact: Dana Fairchild
COUNCIL ACTION: Start Time: 10:44 AM

MOTION BY KENT LEE TO ADOPT THE RESOLUTION IN SUBITEM A, AND ADOPT THE

RESOLUTIONS IN SUBITEM B, SUBITEM C, SUBITEM D, SUBITEM E, AND SUBITEM F AS

AMENDED TO MODIFY THE TERMS OF THE AGREEMENTS FROM FIVE YEARS TO THREE YEARS. Second by Joe LaCava.

Passed by the following vote:

Item 107: Extension to Memorandum of Understanding for the Proposed Annexation and Development of the Nakano Property.

Total Estimated Cost of Proposed Action and Funding Source:

None with this action. All costs associated with this action are paid from a deposit account maintained by the applicant.

Council District(s) Affected: 8.

Proposed Actions:
(R-2024-153) ADOPTED AS RESOLUTION R-315208
Resolution authorizing the extension of the Memorandum of Understanding with the City of San Diego, Chula Vista, and Tri Pointe Homes regarding the proposed annexation and development of the Nakano Property.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on October 19, 2023.

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

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

Development Services: Oscar Galvez III, (619) 446-5237
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, November 7, 2023
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 10:03 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 108: Adopting the 2024 Legislative Calendar and Fiscal Year 2025 Budget Development and Fiscal Year 2024 Budget Monitoring Key Dates.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-150) ADOPTED AS RESOLUTION R-315209
Resolution adopting the 2024 Legislative Calendar and the Fiscal Year 2025 Budget Development and Fiscal Year 2024 Budget Monitoring Key Dates.

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

Committee Actions Taken:

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

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

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

Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Heather Ferbert
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, November 7, 2023
COUNCIL ACTION: Start Time: 10:03 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 330: Annual Presentation of the City Treasurer's Investment Policy and Delegation of Authority to the City Treasurer to Invest Funds.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-128) ADOPTED AS RESOLUTION R-315211
Resolution receiving and accepting the City Treasurer's 2024 Investment Policy for the Pooled Investment Funds and authorizing the City Treasurer to invest the City's funds for Calendar Year 2024.

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.

Office of the City Treasurer: Emmanuel Labrinos, (619) 533-6256 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Kent Lee.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, November 7, 2023
Passed by the following vote:

Item 331: Appeal of the Historical Designation of the Mamie and Oliver Evans/ William Templeton Johnson House (HRB Site #1493) Located at 4388 Ampudia Street.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost to the City associated with this item.

Council District(s) Affected: 3.

Proposed Actions:
(R-2024-193) DENIED THE APPEAL AND AFFIRMED THE HISTORICAL RESOURCES BOARD’S DECISION; ADOPTED AS RESOLUTION R-315212
Appeal of the April 27, 2023 decision of the Historical Resources Board to designate the Mamie and Oliver Evans/ William Templeton Johnson House located at 4388 Ampudia Street as a historical resource (HRB #1493);
Granting or denying the appeal and affirming, reversing, or modifying the action of the Historical Resources Board to designate the Mamie and Oliver Evans/ William Templeton Johnson House located at 4388 Ampudia Street;
Directing the City Attorney to prepare the appropriate Resolution according to Section 40 of the City Charter.

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

Committee Actions Taken: N/A
Planning: Suzanne Segur, (619) 236-6139
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 2:32 PM
Public testimony by Clint Daniels, Kerri Melucci, Mike Scott, Ronal V. May, John Stump, Bruce Coons, and Dan Smiechowski.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, November 7, 2023

MOTION BY STEPHEN WHITBURN TO DENY THE APPEAL AND AFFIRM THE HISTORICAL RESOURCE BOARD’S DESIGNATION. Second by Marni von Wilpert.

Passed by the following vote:

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

Item 332: Appeal of the Historical Designation of the Fred Rohr/ Ralph L. Frank House (HRB Site #1492) Located at 555 San Fernando Street.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost to the City associated with this item.

Council District(s) Affected: 2.

Proposed Actions:
(R-2024-192) DENIED THE APPEAL AND AFFIRMED THE HISTORICAL RESOURCES BOARD’S DECISION; ADOPTED AS RESOLUTION R-315213
Appeal of the April 27, 2023 decision of the Historical Resources Board to designate the Fred Rohr/ Ralph L. Frank House located at 555 San Fernando Street as a historical resource (HRB #1492);
Granting or denying the appeal and affirming, reversing, or modifying the action of the Historical Resources Board to designate the Fred Rohr/ Ralph L. Frank House located at 555 San Fernando Street;
Directing the City Attorney to prepare the appropriate Resolution according to Section 40 of the City Charter.

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

Committee Actions Taken: N/A
Planning: Suzanne Segur, (619) 236-6139
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 3:10 PM
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, November 7, 2023
Public testimony by Clint Daniels, Kiley Wallace, John Stump, Bruce Coons, and Dan Smiechowski.

MOTION BY JENNIFER CAMPBELL TO DENY THE APPEAL AND AFFIRM THE HISTORICAL RESOURCE BOARD’S DESIGNATION. Second by Stephen Whitburn.

Passed by the following vote:

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

Item S500: Resolution Calling on the California Public Utilities Commission (CPUC) and the Public Advocates Office (Cal Advocates) to Better Protect San Diego Utility Customers by Implementing the California State Auditor’s Recommendations for Improvements to Their Oversight.

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

Proposed Actions:
(R-2024-184) ADOPTED AS RESOLUTION R-315214
Resolution urging the California Public Utilities Commission and its Public Advocates Office to implement recommendations in State Auditor's Report No. 2022-215 to improve oversight of electric and gas rates for the protection of San Diego ratepayers.

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 Chair LaCava, to recommend Council approval of staff's proposed actions.

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

Council District 5: Justin Garver, (619) 236-6655
City Attorney Contact: Frederick M. Ortlieb
COUNCIL ACTION: Start Time: 2:12 PM
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, November 7, 2023
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S501: 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: 9.

Proposed Actions:
(R-2024-186 Cor. Copy) ADOPTED AS RESOLUTION R-315210
Resolution confirming the Mayor's appointments of Hon. Laura Halgren, for a term ending June 30, 2025, and James Hauser, for a term ending June 30, 2027, to the Ethics Commission.

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: 10:03 AM
CONSENT MOTION BY MARNI VON WILPERT TO ADOPT. Second by Kent Lee.

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, November 7, 2023
Item S502: Runaway & Homeless Youth Prevention Month.

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

APPROVED
Proclaiming November 2023, to be “Runaway & Homeless Youth Prevention Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY KENT LEE TO APPROVE. Second by Vivian Moreno.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, November 7, 2023

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:36 p.m.

COUNCIL ACTION: Start Time: 3:36 PM

San Diego City CouncilNovember 7, 2023

San Diego City Council
November 7, 2023