San Diego — 2023-06-20

Item 100: TransNet Local Street and Roads Program - 2023 Regional Transportation\nImprovement Program (RTIP) Amendment and Fiscal Years 2024 – 2028 Program\nof Projects.\nTotal Estimated Cost of Proposed Action and Funding Source:\nBased on SANDAG’s TransNet Revenue Forecast revised on February 24, 2023, the\nCity’s total TransNet Program for the next five years is $46,935,000 for Fiscal Year 2024,\n$43,745,000 for Fiscal Year 2025, $45,377,000 for Fiscal Year 2026, $46,914,000 for\nFiscal Year 2027 and $48,407,000 for Fiscal Year 2028.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-793)\nResolution to amend the 2023 Regional Transportation Improvement Program (RTIP) and\nFive-Year Program of Projects for Fiscal Year 2024 through Fiscal Year 2028, in\ncompliance with San Diego Association of Governments (SANDAG) Board Policy No.\n31.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non May 24, 2023.\nACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.\nTransportation Department: Julio Canizal, (619) 235-5717\nCity Attorney Contact: Ryan P. Gerrity

Item 101: Fiscal Year 2024 Recreation Center Fund Budgets, Fiscal Year 2024 Opportunity\nFund Budget, and Recreation Equity Report 2023.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis item requests approval of the Fiscal Year 2024 Recreation Center Fund Budgets\n($5,189,630) and the Opportunity Fund Budget ($400,000.)\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-740)\nResolution of the Council of the City of San Diego Allocating Fiscal Year 2024 Park and\nRecreation Center Funds, Opportunity Fund Fees, and all related items.\nCommittee Actions Taken:\nThis item was heard at the Community and Neighborhood Services Committee meeting\non May 25, 2023.\nACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Campillo, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Campbell-yea, Elo-Rivera-yea, Campillo-yea, Whitburn-not present.\nParks & Recreation: Sarah Erazo, (619) 740-1627\nCity Attorney Contact: Jane M. Boardman

Item 102: Increase Not to Exceed Contract Authorization for Slurry Seal Groups 2324, 2325, &\n2326.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAn additional $2,498,650.00 from TransNet will supplement the previous RMRA\nallocations for FY 23 Slurry Seal Groups 2324, 2325 and 2326.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2023-791)\nResolution determining that increasing the not-to-exceed amounts at which the Mayor is\nauthorized to award contracts for Slurry Seal Groups 2324, 2325, and 2326 is\ncategorically exempt from the California Environmental Quality Act under CEQA\nGuidelines section 15301(c).\nSubitem B: (R-2023-792)\nResolution increasing the not-to-exceed contract amounts at which the Mayor may\nexecute contracts for Slurry Seal Groups 2324, 2325, and 2326, and related actions.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non May 24, 2023.\nACTION: Motion by Vice Chair LaCava, second by Committee member Montgomery\nSteppe, to recommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.\nTransportation Department: Everett Hauser, (619) 533-3012\nCity Attorney Contact: Cassandra Mougin

Item 103: Settlement of Kenneth Webster v. City of San Diego, San Diego Superior Court No.\n37-2022-00004131-CU-PO-CTL, Claim No. 28291.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $99,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-744)\nResolution authorizing the settlement of Kenneth Webster v. City of San Diego, San\nDiego Superior Court Case No. 37-2022-00004131-CU-PO-CT, related to a claim for\npersonal injuries sustained on February 1, 2022, as a result of bicycle accident on the\n9700 block of Camino Del Sur in the City of San Diego. Risk Claim No. 28291.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Norma A. Morales, (619) 235-5794

Item 104: Settlement of Property Damage Claim of Chhunean Pao, Claim No. 28138.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $63,546.96 will be paid from Water Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2022-763)\nResolution authorizing the settlement of a pre-litigation claim filed by Chhunean Pao\nalleging property damage stemming from a break in the City’s water main on October 6,\n2021. Claim No. 28138.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Dave E. Abad, (619) 533-5821

Item 105: Appointment and Reappointments to the Historical Resources Board.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 1, 3.\nProposed Actions:\n(R-2023-733)\nResolution confirming the appointment of Rammy Cortez for a term ending March 1,\n2024, the reappointment of Matthew Winter for a term ending March 1, 2024, and the\nreappointments of Bruce Abrams, David McCullough, and Michael Taylor for terms\nending March 1, 2025, to the Historical Resources Board.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 106: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste,\nand Sediment Coming from Tijuana, Mexico.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nProposed Actions:\n(R-2023-380)\nDeclaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and\nSediment Coming from Tijuana, Mexico.\nCommittee Actions Taken: N/A\nCity Attorney Contact: Noah J. Brazier

Item 30: World Refugee Month.\nCOUNCIL PRESIDENT ELO-RIVERA’S RECOMENDATION:\nProclaiming June 20, 2023, as “World Refugee Month” in the City of San Diego.

Item 31: The Compass Station Day.\nCOUNCILMEMBER LACAVA’S RECOMENDATION:\nProclaiming May 31, 2023, to be “The Compass Station Day” in the City of San Diego.

Item 32: San Diego Hebrew Day School 60th Anniversary Day.\nCOUNCILMEMBER CAMPILLO AND COUNCILMEMBER\nCAMPBELL’S RECOMENDATION: (REV. 6/14/23)\nProclaiming May 21, 2023, to be “San Diego Hebrew Day School 60th Anniversary Day”\nin the City of San Diego.

Item 33: Sonny Sandoval Day.\nCOUNCILMEMBER MORENO’S RECOMMENDATION:\nProclaiming June 23, 2023, to be “Sonny Sandoval Day” in the City of San Diego.

Item 330: Update on the Redevelopment of City-Owned Real Property Located at 3220, 3240,\n3250 and 3500 Sports Arena Boulevard (Midway Site).\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: 2.\nProposed Actions:\nThis item is informational only.\nCommittee Actions Taken: N/A\nDepartment of Real Estate and Airport Management: Penny Maus, (619) 236-7346\nADOPTION AGENDA, DISCUSSION ITEMS\nADOPTION AGENDA\nDISCUSSION, ORDINANCES TO BE INTRODUCED:

Item 331: Ordinance Adopting Updated SDPD Military Equipment Use Procedure, and\nRenewing Approval for Use, Funding, and Acquisition of Military Equipment,\nPursuant to Assembly Bill 481.\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe Police Department FY 2023 Budget allocated $ 1,249,044 toward military equipment\nexpenditures from the General Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2023-159)\nIntroduction of an Ordinance adopting the updated San Diego Police Military Equipment\nUse Procedure and renewing approval for use, pursuit of funding for, and acquisition of\nthe military equipment described in the Procedure, pursuant to Assembly Bill 481.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on May 17, 2023.\nACTION: Motion by Committee Member Campillo, second by Committee Member\nCampbell, to recommend Council approval of staff’s proposed actions.\nVOTE: 4-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campillo-yea.\nPolice: Assistant Chief Sandra Albrektsen, (619) 531-2252\nCity Attorney Contact: Michelle Garland\nADOPTION AGENDA\nDISCUSSION, RESOLUTIONS TO BE ADOPTED:

Item 332: This item has been removed from the Agenda. (Rev. 6/14/23)

Item 333: Approval Authorizing the Acceptance, Appropriation, and Expenditure of Round 4\nof the State of California Homeless Housing, Assistance, and Prevention Grant.\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis item is to authorize the Mayor, or designee, to accept, appropriate, and expend\nHHAP-4 funds in an amount not-to-exceed $22,517,489.88.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-794)\nResolution to accept, appropriate, and expend a Homeless Housing, Assistance, and\nPrevention Round 4 Grant from the California Interagency Council on Homelessness in\nthe Business and Consumer Services and Housing Agency.\nCommittee Actions Taken: N/A\nHomelessness Strategies: Sarah Jarman, (619) 385-6963\nCity Attorney Contact: Heather Ferbert

Item 334: Water Rate Adjustments, Cost of Service Study, and Proposition 218 Notice and\nHearing.\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe cost of noticing all customers is approximately $100,000.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2023-798)\nResolution determining that accepting the cost of service study, authorizing notice of a\npublic hearing on proposed adjustments to water rates in accordance with Proposition\n218, and setting a date for the public hearing is exempt from the California Environmental\nQuality Act under Section 15273 of the CEQA Guidelines.\nSubitem-B: (R-2023-799 Cor. Copy) (Rev. 6/15/23)\nResolution accepting the cost of service study, authorizing notice of public hearing on\nproposed adjustments to water rates in accordance with Proposition 218, setting a date for\nthe public hearing, and related actions.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee Meeting on\nMay 24, 2023.\nACTION: Motion by Vice Chair Moreno, second by Committee Member LaCava, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.\nPublic Utilities: Adam Jones, (858) 614-4030\nCity Attorney Contact: Melissa D. Ables\nADOPTION AGENDA\nDISCUSSION, NOTICED HEARINGS:

Item 335: West Mission Bay Drive Bridge - Highway Infrastructure Program (HIP) Grant\nBudget Swap with Highway Bridge Program (HBP).\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see staff report.\nCouncil District(s) Affected: 2.\nProposed Actions:\n(R-2023-797)\nResolution authorizing the Mayor, or designee, to make applications to the California\nDepartment of Transportation (Caltrans) and take all necessary actions to secure grant\nfunding in an amount not-to-exceed $19,715,548.60 for the purpose of constructing the\nWest Mission Bay Drive Bridge;\nAuthorizing the Chief Financial Officer to accept, appropriate and expend Highway\nInfrastructure Program (HIP) grant funding in an amount not-to-exceed $19,715,548.60.\nThis action will decrease Highway Bridge Program (HBP) grant funding by\n$19,715,548.60 and increase Highway Infrastructure Program (HIP) grant funding by an\namount not to exceed $19,715,548.60 for a net zero increase within the Capital\nImprovement Program Budget, contingent upon receipt of a fully executed Grant\nAgreement if the Grant funding is secured.\nCommittee Actions Taken: N/A\nTransportation Department: Julio Canizal, (619) 235-5717\nCity Attorney Contact: Ryan P. Gerrity

Item 336: Authorization to Retain Outside Counsel and Enter into an Agreement with\nNossaman, LLP to Provide Legal Services for the City’s Pure Water Program.\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe proposed LSA for $5,000,000 will be paid from Funds 700009, Metro Sewer CIP;\n700010, Water Utility CIP Fund; 700001 Metro Sewer Fund; or 700011, Water Utility\nOperating Fund depending on if the work is capital in nature or eligible for loan proceeds.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-731 Cor. Copy)\nResolution authorizing the retention of outside counsel and approve a Legal Services\nAgreement (LSA) with Nossaman, LLP to represent the City of San Diego in various\nmatters related to the Pure Water Program.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jon Taylor, (619) 235-5898

Item 337: Appeal of the Historical Designation of the Mission Hills Branch Public Library\n(HRB #1384) Located at 925 West Washington Street.\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no cost to the City associated with this item.\nCouncil District(s) Affected: 3.\nProposed Actions:\nAppeal of the September 24, 2020 decision of the Historical Resources Board to designate\nthe Mission Hills Branch Public Library located at 925 West Washington Street (HRB\n#1384) as a historical resource;\nGranting or denying the appeal and affirming, reversing, or modifying the action of the\nHistorical Resources Board to designate the Mission Hills Branch Public Library located\nat 925 West Washington Street;\nDirecting the City Attorney to prepare the appropriate Resolution according to Section 40\nof the City Charter.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDevelopment Services: Suzanne Segur, (619) 236-6139\nCity Attorney Contact: Lindsey Sebastian\nPUBLIC NOTICES\nItems are listed under Public Notices as a matter of public record only. These items do not require Council\naction and there is no public testimony.

Item 350: Ballot Measure Calendar.\nSUBMISSION OF BALLOT PROPOSALS\nFOR THE MARCH 5, 2024 BALLOT\nCity Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen\ninitiatives- may come before the City Council for consideration at other times. The Council Policy states that members of\nthe public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public\nagency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and\ncomment. Please submit all proposals to cityclerk@sandiego.gov. The City Clerk’s Office has established the\nfollowing calendar for the March 5, 2024 election.\nDAYS\nDATE BEFORE EVENT\nELECTION\nLAST DATE (5:00 p.m.) for public, departments and agencies to\nMonday, July 17, 2023 232\nsubmit ballot proposals to City Clerk for review by Committee\nInitial Committee review\nMeasures that advance from initial review proceed to a second\nWednesday, July 26, 2023 223\nCommittee review, where the Committee will decide if they will be\npresented to the full Council for consideration\nMeasures that advance from initial review proceed to a second\nWednesday, September 6, 2023 181 Committee review, where the Committee will decide if they will be\npresented to the full Council for consideration\nFirst Day Council discusses measures and adopts ordinances by City\nMonday, September 11, 2023 176\nAttorney to place measures on the ballot\nFriday, December 8, 2023 88 Last Day Council discusses measures and adopts ordinances by City\nAttorney to place measures on the ballot\nLast day to submit the Fiscal Impact Analysis; Ballot and Title\nMonday, December 11, 2023 85\nSummary; and Impartial Analysis with City Clerk\nWednesday, December 13, 2023 83 Last day to file ballot arguments with City Clerk\nPlease check posted agendas for additional information.\nIf you have questions, please contact the Office of the City Clerk at (619) 533-4000 or via e-mail at cityclerk@sandiego.gov\nNON-AGENDA ITEMS

Item 50: Award of Temperature-Controlled Water System Franchise to Energy Center San\nDiego LLC.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis item has a minimum bid payment of $500,000 and the grantee would pay the City a\nFranchise Fee equal to three percent (3%) of gross receipts annually.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(O-2023-177)\nIntroduction of an Ordinance granting to Energy Center San Diego LLC a franchise to use\nCity streets to distribute temperature-controlled water to customers for the purpose of\nheating and cooling buildings in the Downtown area.\n6 votes required pursuant to Charter Section 103.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non May 24, 2023.\nACTION: Motion by Vice Chair LaCava, second by Committee Member Montgomery\nSteppe, to recommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.\nSustainability and Mobility: Megan Ong, (619) 236-7077\nCity Attorney Contact: Frederick M. Ortlieb

Item 51: Exemption of an Assistant to the Development Services Director and Three Program\nCoordinator Positions in the Development Services Department from the Classified\nService.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThese positions are included in the Fiscal Year 2024 Proposed Budget.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2023-171)\nIntroduction of an Ordinance authorizing the exemption of an Assistant to the\nDevelopment Services Director and three Program Coordinator positions in the City's\nDevelopment Services Department from the Classified Service, based on advisory review\nand favorable comment by the Civil Service Commission on September 1 and October 6,\n2022, and April 7, 2023. The Assistant to the Development Services Director position will\nbe responsible for reviewing Department policies, procedures and operations, and other\nrelated duties. Two Program Coordinator positions will manage the Department's data\nanalytics efforts. One Program Coordinator position will assist an Assistant Deputy\nDirector position in managing the enforcement of the Sidewalk Vending Ordinance. This\nAction is brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nDevelopment Services: Rimah Khouri-Velez, (619) 446-5007\nCity Attorney Contact: Miguel Merrell\nADOPTION AGENDA\nCONSENT, ORDINANCES TO BE ADOPTED:

Item 52: Ordinances Amending the Memoranda of Understanding (MOU) Between City of\nSan Diego and Municipal Employees Association (MEA); American Federation of\nState, County and Municipal Employees, Local 127 (L127); Deputy City Attorneys\nAssociation of San Diego (DCAA); San Diego Police Officers Association (POA); and\nSan Diego City Firefighters, I.A.F.F. Local 145 (L145) Regarding Post-Employment\nHealth Benefits for Eligible Employees Who Were Hired Before July 1, 2005 and\nRetire After March 31, 2012 Striking Article 9 of the MOU (the “Me Too” Clause)\nand Extending the Term of the MOU by an Additional 15 Years.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no known fiscal impact as a result of this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinances which were introduced on 06/06/2023, Item 50, Subitems\nA-E, (Council voted 8-0, Councilmember Moreno-not present):\nSubitem-A: (O-2023-165)\nOrdinance amending the Memorandum of Understanding between the City of San Diego\nand the San Diego Municipal Employees' Association regarding post-employment health\nbenefits for eligible employees who were hired before July 1, 2005 and retire after March\n31, 2012 striking Article 9 and extending the term to 15 years.\nSubitem-A: 6 votes required pursuant to Charter Section 11.2.\nSubitem-B: (O-2023-161)\nOrdinance amending the Memorandum of Understanding between the City of San Diego\nand the American Federation of State, County, and Municipal Employees, Local 127\nregarding post-employment health benefits for eligible employees who were hired before\nJuly 1, 2005 and retire after March 31, 2012 striking Article 9 and extending the term to\n15 years.\nSubitem-B: 6 votes required pursuant to Charter Section 11.2.\nSubitem-C: (O-2023-164)\nOrdinance amending the Memorandum of Understanding between the City of San Diego\nand the Deputy City Attorneys Association of San Diego regarding post-employment\nhealth benefits for eligible employees who were hired before July 1, 2005 and retire after\nMarch 31, 2012 striking Article 9 and extending the term to 15 years.\nSubitem-C: 6 votes required pursuant to Charter Section 11.2.\nSubitem-D: (O-2023-163 Cor. Copy)\nOrdinance amending the Memorandum of Understanding between the City of San Diego\nand the San Diego Police Officers Association regarding post-employment health benefits\nfor eligible employees who were hired before July 1, 2005 and retire after March 31, 2012\nstriking Article 9 and extending the term to 15 years.\nSubitem-D: 6 votes required pursuant to Charter Section 11.2.\nSubitem-E: (O-2023-162)\nOrdinance amending the Memorandum of Understanding between the City of San Diego\nand the San Diego Firefighters, I.A.F.F. Local 145 regarding post-employment health\nbenefits for eligible employees who were hired before July 1, 2005 and retire after March\n31, 2012 extending the term to 15 years.\nSubitem-E: 6 votes required pursuant to Charter Section 11.2.\nCommittee Actions Taken: N/A\nHuman Resources: Brian Mallard, (619) 707-1785\nCity Attorney Contact: Thomas J. Brady

Item 53: Amendment to Consultant Agreement with Dudek (H176881) to Provide\nProfessional Environmental Consulting and Engineering Services to the City for the\nMission Bay Park Improvements Program Environmental Impact Report (PEIR).\nTotal Estimated Cost of Proposed Action and Funding Source:\n$596,839.04 from the Mission Bay Park Improvement Fund.\nCouncil District(s) Affected: 2.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 06/06/2023, Item 51, (Council\nvoted 8-0, Councilmember Moreno-not present):\n(O-2023-166)\nOrdinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the\nContract with Dudek (H176881) for an additional amount of $596,836.04 and extending\nthe Contract through June 28, 2026 for the professional environmental consulting and\nengineering services for the Mission Bay Park Improvements Program Environmental\nImpact Report.\n(Rev. 6/14/23)\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non May 24, 2023.\nACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.\nEngineering & Capital Projects: Carrie Purcell, (619) 533-5124\nCity Attorney Contact: Dana Fairchild

Item 54: Approval of the Joint Use Agreements Between the City and SDUSD for Clark\nMiddle, Edison Elementary, Emerson Elementary, Jefferson Elementary, Ocean\nBeach Elementary, and Pershing Middle Schools.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe City's annual maintenance per the terms of the agreements is included in the Parks\nand Recreation General Fund Annual Department Budget. The City's one-time expense\nfor the synthetic turf replacement is included in the Parks and Recreation FY 23 General\nFund Department Budget.\nCouncil District(s) Affected: 2, 3, 7, 8, 9.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/6/2023, Item 61, Subitem-B,\n(Council voted 8-0, Councilmember Moreno-not present):\n(O-2023-156)\nOrdinance authorizing the execution of the Joint Use Agreements between the City and\nthe San Diego Unified School District for Clark Middle School, Edison Elementary\nSchool, Emerson Elementary School, Jefferson Elementary School, Ocean Beach\nElementary School, and Pershing Middle School, and related actions.\n6 votes required pursuant to Charter section 99.\nCommittee Actions Taken:\nThis item was heard at the Community and Neighborhood Services Committee on April\n20, 2023.\nACTION: Motion by Committee Member Campillo, second by Committee member\nWhitburn, to recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Campbell-yea, Whitburn -yea, Campillo-yea, Elo-Rivera-not present.\nParks & Recreation: Shannon Scoggins, (619) 236-6894\nCity Attorney Contact: Karen S. Li

Item 55: Acceptance of Floating Restroom from the California Department of Parks and\nRecreation, Division of Boating and Waterways.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/6/2023, Item S508, Subitem-\nB, (Council voted 8-0, Councilmember Moreno-not present):\n(O-2023-160)\nOrdinance approving the City of San Diego's grant application and acceptance of Floating\nRestroom asset from the California Department of Parks and Recreation, Division of\nBoating and Waterways.\n6 votes required pursuant to Charter Section 99\nCommittee Actions Taken: N/A\nPublic Utilities: Adam Jones, (858) 614-4030\nCity Attorney Contact: Justin Stanek

Item 56: Amendments to the Elections Code and Related Amendments to the City Clerk\nAdministrative Guidelines.\nTotal Estimated Cost of Proposed Action and Funding Source: None.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 06/06/2023, Item 63, Subitem-\nA, (Council voted 8-0, Councilmember Moreno-not present):\n(O-2023-168)\nOrdinance amending Chapter 2, Article 7, Division 1 of the San Diego Municipal Code by\namending Sections 27.0103 and 27.0106; amending Chapter 2, Article 7, Division 2 of the\nSan Diego Municipal Code by amending Sections 27.0206, 27.0207, 27.0209, 27.0212,\n27.0213, 27.0218, 27.0219, and 27.0221; amending Chapter 2, Article 7, Division 3 of the\nSan Diego Municipal Code by amending Sections 27.0307, 27.0308, 27.0310, 27.0313,\n27.0315, 27.0319, and 27.0320; amending Chapter 2, Article 7, Division 5 by amending\nSection 27.0506; amending Chapter 2, Article 7, Division 6 of the San Diego Municipal\nCode by amending Sections 27.0604, 27.0607, 27.0608, 27.0620, 27.0624, and 27.0635;\namending Chapter 2, Article 7, Division 8 of the San Diego Municipal Code by amending\nSection 27.0804; amending Chapter 2, Article 7, Division 9 of the San Diego Municipal\nCode by amending Section 27.0907; amending Chapter 2, Article 7, Division 11 of the\nSan Diego Municipal Code by amending Sections 27.1110 and 27.1116; amending\nChapter 2, Article 7, Division 14 of the San Diego Municipal Code by amending Sections\n27.1406 and 27.1413; amending Chapter 2, Article 7, Division 27 of the San Diego\nMunicipal Code by amending Sections 27.2714, 27.2715, 27.2719, and 27.2726;\namending Chapter 2, Article 7, Division 29 of the San Diego Municipal Code by\namending Sections 27.2903, 27.2911, 27.2922, 27.2924, 27.2930, 27.2935, 27.2938,\n27.2943, 27.2944, 27.2951, 27.2955, and 27.2965; amending Chapter 2, Article 7,\nDivision 30 of the San Diego Municipal Code by amending Section 27.3010, relating to\nrevisions to the Elections Code.\nCommittee Actions Taken:\nThis item was heard at the Rules Committee meeting on March 15, 2023.\nACTION: Motion by Chair Elo-Rivera, second by Committee Member LaCava, to\napprove staff's proposed actions.\nVOTE: 5-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-\nyea.\nOffice of the City Clerk: Diana Fuentes, (619) 533-4000\nCity Attorney Contact: David J. Karlin

Item 57: Fourth Amendment to Agreement with Meyers Nave Riback Silver & Wilson to\nProvide Continued Legal Services as Outside Panel Counsel.\nTotal Estimated Cost of Proposed Action and Funding Source: None at this time.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/6/2023, Item 330, (Council\nvoted 8-0, Councilmember Moreno-not present):\n(O-2023-147)\nOrdinance authorizing the Fourth Amendment to the legal services agreement between the\nCity and Meyers Nave Riback Silver & Wilson for continued legal services in connection\nwith the ongoing litigation and appeals related to the utility relocation dispute with\nSDG&E, the reservoir spill lawsuit with Dr. Mehran Moussavian, and various other legal\nmatters for which they are currently engaged that have not yet concluded in the previously\nauthorized total amount not to exceed $1.2 million.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jim McNeill, (619) 533-5860

Item 58: Amendment to Salary Ordinance for Fiscal Year 2024.\nTotal Estimated Cost of Proposed Action and Funding Source:\nApproval of the Salary Ordinance is required under the City’s Charter as part of the\nannual budget process.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/6/2023, Item S503, (Council\nvoted 8-0, Councilmember Moreno-not present):\n(O-2023-173 Cor. Copy)\nOrdinance amending certain sections of the Fiscal Year 2024 Salary Ordinance to conform\nto negotiated and approved Agreements between the City and its Recognized employee\nOrganizations and to extend comparable compensation to unrepresented employees for\nFiscal Year 2024.\nCommittee Actions Taken: N/A\nHuman Resources: Abby Jarl-Veltz, (619) 236-6314\nCity Attorney Contact: Thomas J. Brady\nADOPTION AGENDA\nCONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:

Item 60: Community Parking Districts Fiscal Year 2024 Annual Plans and Budgets and\nAdjustment to the Pacific Beach Community Parking District Meter Zone.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action authorizes the transfer, appropriation, and expenditure of CPD funding of an\nestimated $13,041,085 of Fiscal Year 2024 beginning Fund Balance, to the individual\nCPD funds which includes an estimate of $4,700,000 in parking meter revenue from FY\n2023, the funding that the City Council previously appropriated in the Fiscal Year 2023\nAnnual Budget, the carry-over from previous years, and any year-end adjustments within\nthe CPD funds.\nCouncil District(s) Affected: 1, 2, 3, 9.\nProposed Actions:\nSubitem-A: (R-2023-772)\nResolution of the Council of the City of San Diego authorizing the transfer, appropriation,\nand expenditure of Community Parking District funding for Fiscal Year 2024 annual plans\nand budgets and related actions.\nSubitem-B: (O-2023-167)\nIntroduction of an Ordinance of the Council of the City of San Diego adjusting the\nparking meter zone and operating hours in the Pacific Beach Community Parking District.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non May 24, 2023.\nACTION: Motion by Vice Chair LaCava, second by Chair Lee, to recommend Council\napproval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.\nSustainability and Mobility: Krystal Ayala, (619) 236-7079\nCity Attorney Contact: Kate Malcolm\nADOPTION AGENDA\nCONSENT, RESOLUTIONS TO BE ADOPTED:

Item S500: Tisa Aguero Day. (Added 6/14/23)\nMAYOR GLORIA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:\nProclaiming June 23, 2023, to be “Tisa Aguero Day” in the City of San Diego.

Item S501: Approval of a Request for a Conflict-of-Interest Waiver from Nossaman\nLLP. (Added 6/14/23)\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-748 Cor.Copy)\nResolution granting the waiver of potential conflicts of interest requested by Nossaman\nLLP and consenting to Nossaman’s representation of AY Oil, Inc., in City of San Diego v.\nEastgate Miramar Associates, et al., San Diego Superior Court Case No. 37-2018-\n00027801-CU-EI-CTL.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jon Taylor, (619) 235-5898\nNON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET\nANALYST, CITY CLERK, CITY ATTORNEY\nPROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING)

Item S502: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the\nCounty of San Diego Capital Emergency Housing Solutions Grant for the Safe\nParking Rose Canyon Expansion Project. (Added 6/14/23)\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAuthorize the Chief Financial Officer to accept, appropriate, and expend County of San\nDiego Capital Emergency Housing Solutions Grant funds in an amount not to exceed\n$1,030,543.00 for CIP S23014 Rose Canyon Safe Parking project.\nCouncil District(s) Affected: 2.\nProposed Actions:\nSubitem-A: (R-2023-812)\nResolution determining that authorizing the acceptance, appropriation, and expenditure of\nthe County of San Diego Capital Emergency Housing Solutions Grant for the Safe\nParking Rose Canyon Expansion Project is categorically exempt from the California\nEnvironmental Quality Act pursuant to CEQA Guidelines section 15301.\nSubitem-B: (R-2023-811)\nResolution authorizing the acceptance, appropriation, and expenditure of the County of\nSan Diego Capital Emergency Housing Solutions Grant for the Safe Parking Rose Canyon\nExpansion Project.\nCommittee Actions Taken: N/A\nHomelessness Strategies: Sarah Jarman, (619) 385-6963\nCity Attorney Contact: Jose A Garcia

Item S503: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the\nCounty of San Diego Capital Emergency Housing Solutions Grant for The Alliance\nat the Old Central Library Program. (Added 6/14/23)\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis item is to authorize the Mayor or designee to accept, appropriate, and expend County\nof San Diego Capital Emergency Housing Solutions Grant funds in an amount not to\nexceed $322,000.00 for The Alliance at the Old Central Library project.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(R-2023-808)\nResolution authorizing the acceptance, appropriation, and expenditure of the County of\nSan Diego Capital Emergency Housing Solutions Grant for the Old Central Library\nProgram.\nCommittee Actions Taken: N/A\nHomelessness Strategies: Sarah Jarman, (619) 385-6963\nCity Attorney Contact: Jose A Garcia

Item S504: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the\nCounty of San Diego Capital Emergency Housing Solutions Grant for the Non-\nCongregate Bridge Housing Shelter for Seniors. (Added 6/14/23)\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis item is to authorize the Mayor or designee to accept, appropriate, and expend County\nof San Diego Capital Emergency Housing Solutions Grant funds in an amount not to\nexceed $392,704.40 for the Non-Congregate Bridge Housing Shelter for Seniors project.\nCouncil District(s) Affected: 3.\nProposed Actions:\nSubitem-A: (R-2023-802)\nResolution determining that authorizing the acceptance, appropriation, and expenditure of\nthe County of San Diego Capital Emergency Housing Solutions Grant for the Non-\nCongregate Bridge Housing Shelter for Seniors Project is categorically exempt from the\nCalifornia Environmental Quality Act pursuant to Section 15301 of the CEQA\nGuidelines.\nSubitem-B: (R-2023-801)\nResolution authorizing the acceptance, appropriation, and expenditure of the County of\nSan Diego Capital Emergency Housing Solutions Grant for the Non-Congregate Bridge\nHousing Shelter for Seniors Project.\nCommittee Actions Taken: N/A\nHomelessness Strategies: Sarah Jarman, (619) 385-6963\nCity Attorney Contact: Jose A Garcia

Item S505: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the\nCounty of San Diego Capital Emergency Housing Solutions Grant for the Non-\nCongregate Shelter for Families. (Added 6/14/23)\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis item is to authorize the Mayor or designee to accept, appropriate, and expend County\nof San Diego Capital Emergency Housing Solutions Grant funds in an amount not to\nexceed $350,367.93 for the Non-Congregate Shelter for Families project.\nCouncil District(s) Affected: 8.\nProposed Actions:\nSubitem-A: (R-2023-806)\nResolution determining that authorizing the acceptance, appropriation, and expenditure of\nthe County of San Diego Capital Emergency Housing Solutions Grant for the Non-\nCongregate Shelter for Families Project is categorically exempt from the California\nEnvironmental Quality Act pursuant to CEQA Guidelines Section 15301.\nSubitem-B: (R-2023-805)\nResolution authorizing the acceptance, appropriation, and expenditure of the County of\nSan Diego Capital Emergency Housing Solutions Grant for the Non-Congregate Shelter\nfor Families Project.\nCommittee Actions Taken: N/A\nHomelessness Strategies: Sarah Jarman, (619) 385-6963\nCity Attorney Contact: Jose A Garcia

Item S506: Debra Rosen Day. (Added 6/15/23)\nCOUNCILMEMBER VON WILPERT'S RECOMMENDATION:\nProclaiming June 22, 2023, to be “Debra Rosen Day” in the City of San Diego.\nSPECIAL ORDERS OF BUSINESS\nNone.\nITEMS PULLED FROM CONSENT BY COUNCILMEMBERS\nINFORMATIONAL AND ADOPTION AGENDA ITEMS (10AM SESSION)\nADOPTION AGENDA\nDISCUSSION, RESOLUTIONS TO BE ADOPTED: