San Diego — 2023-07-11

Item 100: Accept a 43-Acre Land Donation Located in the East Elliott Area of San Diego\n(Assessor’s Parcel Numbers 366-081-03 and 366-081-50), from Tri Pointe Homes IE-\nSD, Inc., Dedicate the Land as an Open Space Preserve, and Add the Land to the\nCity of San Diego’s Multiple Species Conservation Program.\nTotal Estimated Cost of Proposed Action and Funding Source:\nCosts associated with this action will be absorbed within Mission Trails Regional Park’s\nexisting operations budget.\nCouncil District(s) Affected: 7.\nProposed Actions:\n(R-2023-835)\nResolution authorizing the Mayor to accept the donation of 43 acres of undeveloped real\nproperty in the East Elliott area of San Diego from Tri Pointe Homes IE-SD, Inc.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on June 15, 2023.\nACTION: Motion by Vice-Chair LaCava, second by Committee Member Lee, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.\nDepartment of Real Estate and Airport Management: Brenda Chilvers, (619) 236-6062\nCity Attorney Contact: Julie Gough Inman

Item 101: Annual Special Tax Levy - Community Facilities Districts No. 2, No. 3, and No. 4.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see Staff Report.\nCouncil District(s) Affected: 2, 5.\nProposed Actions:\nSubitem-A: (R-2023-826)\nResolution authorizing the annual levy of special taxes within the City’s Community\nFacilities District No. 2.\nSubitem-B: (R-2023-827)\nResolution authorizing the annual levy of special taxes within the City’s Community\nFacilities District No. 3.\nSubitem-C: (R-2023-828)\nResolution authorizing the annual levy of special taxes within the City’s Community\nFacilities District No. 4.\nCommittee Actions Taken: N/A\nDebt Management: Marisol Valdovinos, (619) 533-4071\nCity Attorney Contact: David Powell

Item 102: Adoption of Updated Animal Services Fee Schedule with San Diego Humane Society.\nTotal Estimated Cost of Proposed Action and Funding Source:\nProjected annual fees collected for services outlined in the fee schedule are factored into\nthe City’s overall annual costs. Not adopting the updated fee schedule could result in\nhigher contract costs to the City in future years.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-837)\nResolution approving the updated Animal Services Fee Schedule with the San Diego\nHumane Society related to providing animal services and goods.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee on June 21,\n2023.\nACITON: Motion by Chair Montgomery Steppe, second by Vice-Chair Moreno, to\nrecommend Council approval of staff's proposed actions with an amendment to update the\nsupporting documents of the item to include detailed responses to factors identified in\nCouncil Policy 100-05 section C, before the item is brought to full council.\nVOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.\nParks & Recreation: Tim Graham, (619) 525-8226\nCity Attorney Contact: Catherine Morrison

Item 103: Reappointments to the Commission on the Status of Women.\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, 7.\nProposed Actions:\n(R-2023-790)\nResolution confirming the Mayor's reappointments of Laurie Black, Dr. Lakeya Cherry,\nSusan Davis, Joy Utomi Hartmann, Sophie Tarazi, and Natasha Wong to the Commission\non the Status of Women for terms ending March 1, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 104: Appointment to the Mission Bay Park Committee.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 1.\nProposed Actions:\n(R-2023-742)\nResolution confirming the Mayor's appointment of Julie Roland to the Mission Bay Park\nCommittee for a term ending June 30, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 30: Teen Challenge of Southern California Day.\nCOUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:\nProclaiming July 23, 2023, to be “Teen Challenge of Southern California Day” in the City\nof San Diego.

Item 330: Second Amendment to Agreement with Hurrell & Cantrall LLP to Provide\nContinued Legal Services as Panel Outside Counsel.\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 Second Amendment to the LSA is for an increase of $300,000, for a\ncontract total amount not-to-exceed $850,000. Funding will come from the Public\nLiability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2023-198)\nIntroduction of an Ordinance authorizing a Second Amendment to the legal services\nagreement (LSA) with the Law Firm to increase the total amount of time under the\ncontract beyond five years, for a period not-to-exceed six years, and increase the total not-\nto-exceed amount to $850,000 from $550,000.\n6 votes required pursuant to Charter Section 99. (Rev. 7/7/23)\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-6370\nADOPTION AGENDA\nDISCUSSION, RESOLUTIONS TO BE ADOPTED:

Item 331: First Amendment to Agreement with Buchalter APC to Provide Continuing Legal\nServices for Insurance Coverage Recovery on De Anza Matter and to Pursue\nIndemnification on the 101 Ash Matter.\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 retention of Law Firm to provide legal services will be for up to a five-year\nterm (expiring June 25, 2026) or the completion of the scope of services, whichever is\nfirst, for an amount not-to-exceed $1,400,000 from $600,000 ($450,000 for the De Anza\nMatter and $350,000 for the 101 Ash Matter, for a total amount of $800,000. Funds\nexpended under this agreement will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-818)\nResolution authorizing the First Amendment to Agreement with Buchalter APC to Provide\nContinuing Legal Services for Insurance Coverage Recovery on De Anza Matter and to\npursue indemnification on the 101 Ash Matter.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-6370

Item 50: Amendments to the San Diego Municipal Code to Expand the Board of Library\nCommissioners.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2023-139)\nIntroduction of an Ordinance amending Chapter 2, Article 6, Division 3 of the San Diego\nMunicipal Code by amending Section 23.0301, relating to the Board of Library\nCommissioners.\nCommittee Actions Taken:\nThis item was heard at the Rules Committee meeting on June 7, 2023.\nACTION: Motion by Committee Member Lee, second by Committee Member LaCava,\nto recommend Council approval of staff's proposed actions.\nVOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-not\npresent.\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 51: Amendments to the San Diego Municipal Code Relating to the City of San Diego\nYouth Commission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2023-201)\nIntroduction of an Ordinance amending Chapter 2, Article 6, Division 16 of the San Diego\nMunicipal Code by amending Sections 26.1602 and 26.1604, relating to the City of San\nDiego Youth Commission.\nCommittee Actions Taken:\nThis item was heard at the Rules Committee meeting on June 7, 2023.\nMotion by Committee Member Lee, second by Committee Member LaCava, to\nrecommend Council approval of staff's proposed actions with a request to further amend\nSan Diego Municipal Code section 26.1604 to change who shall serve as liaison to the\nCity of San Diego Youth Commission from a member of the City Council, or designee, to\nthe Mayor, or designee.\nVOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-not\npresent.\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 52: This item has been moved to Discussion, 10AM as Item S500 (Rev. 7/6/23)

Item 53: First Amendment to Agreement with Mullen & Plummer APC to Provide Continued\nLegal Services as Panel Outside Counsel.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNo funding is requested as part of this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2023-199)\nIntroduction of an Ordinance authorizing a First Amendment to the legal services\nagreement (LSA) with Mullen & Plummer APC to increase the total amount of time under\nthe contract beyond five years, for a period not-to-exceed seven years. The increase of\ntwo years is necessary to continue work Mullen & Plummer APC is performing on behalf\nof the City, which involves defending the City and from a workers’ compensation claim in\nwhich the claimant, in propria persona, alleged fraud in discovery matters against the City.\n6 votes required pursuant to Charter Section 99. (Rev. 7/7/23)\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Diana Adams, (619) 533-5849\nADOPTION AGENDA\nCONSENT, ORDINANCES TO BE ADOPTED:

Item 54: 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:\nAdopt the following Ordinance which was introduced on 6/20/2023, Item 50 (Council\nvoted 8-0, Council President Pro Tem Montgomery Steppe-not present):\n(O-2023-177)\nOrdinance granting to Energy Center San Diego LLC a franchise to use City streets to\ndistribute temperature-controlled water to customers for the purpose of heating and\ncooling 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 55: 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:\nAdopt the following Ordinance which was introduced on 6/20/2023, Item 51 (Council\nvoted 8-0, Council President Pro Tem Montgomery Steppe-not present):\n(O-2023-171)\nOrdinance authorizing the exemption of an Assistant to the Development Services\nDirector and three Program Coordinator positions in the City's Development Services\nDepartment from the Classified Service, based on advisory review and favorable\ncomment by the Civil Service Commission on September 1 and October 6, 2022, and\nApril 7, 2023. The Assistant to the Development Services Director position will be\nresponsible 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

Item 56: 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:\nAdopt the following Ordinance which was introduced on 6/20/2023, Item 60, Subitem-B\n(Council voted 8-0, Council President Pro Tem Montgomery Steppe-not present):\n(O-2023-167)\nOrdinance of the Council of the City of San Diego adjusting the parking meter zone and\noperating 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

Item 57: Ordinance Adopting Updated SDPD Military Equipment Use Procedure, and\nRenewing Approval for Use, Funding, and Acquisition of Military Equipment,\nPursuant to Assembly Bill 481.\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:\nAdopt the following Ordinance which was introduced on 6/20/2023, Item 331 (Council\nvoted 8-0, Council President Pro Tem Montgomery Steppe-not present):\n(O-2023-159)\nOrdinance adopting the updated San Diego Police Military Equipment Use Procedure and\nrenewing approval for use, pursuit of funding for, and acquisition of the military\nequipment 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

Item 58: Request to Exempt Two Program Coordinator Positions in the Police Department\nfrom the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see staff report.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/27/2023, Item 50 (Council\nvoted 6-3, Council President Pro Tem Montgomery Steppe, Councilmember Moreno,\nCouncil President Elo-Rivera-nay):\n(O-2023-157)\nOrdinance authorizing the exemption of two Program Coordinator positions in the City's\nPolice Department from the Classified Service, based on advisory review and favorable\ncomment by the Civil Service Commission on April 7, 2023. The first Program\nCoordinator position will oversee the Data Analysis Section of the Information Services\nDivision. The second Program Coordinator position will oversee the Investigative Support\nSection of the Information Services Division. This Action is brought under San Diego\nCharter Section 117(a)(17).\nCommittee Actions Taken: N/A\nPolice: Silvia Satrom, (619) 531-2109\nCity Attorney Contact: Miguel Merrell

Item 59: Request to Exempt One Program Manager Position in the Police Department from\nthe Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see staff report.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/27/2023, Item 51 (Council\nvoted 6-3, Council President Pro Tem Montgomery Steppe, Councilmember Moreno,\nCouncil President Elo-Rivera-nay):\n(O-2023-158)\nOrdinance authorizing the exemption of a Program Manager position in the City's Police\nDepartment from the Classified Service, based on advisory review and favorable\ncomment by the Civil Service Commission on April 7, 2023. The position will oversee,\ndevelop, manage, and execute a communications strategy for the Department related to\ncommunity engagement and other matters. This Action is brought under San Diego\nCharter Section 117(a)(17).\nCommittee Actions Taken: N/A\nPolice: Silvia Satrom, (619) 531-2109\nCity Attorney Contact: Miguel Merrell

Item 60: Exemption of Assistant Deputy Director Position in the Transportation Department\nfrom the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe cost of this position is offset by vacancy savings for FY2024.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/27/2023, Item 52 (Council\nvoted 6-3, Council President Pro Tem Montgomery Steppe, Councilmember Moreno,\nCouncil President Elo-Rivera-nay):\n(O-2023-197)\nOrdinance authorizing the exemption of an Assistant Deputy Director position in the\nCity's Transportation Department from the Classified Service, based on advisory review\nand favorable comment by the Civil Service Commission on June 1, 2023. This position\nwill be responsible for overseeing the Roadways Section of the Street Division and other\nrelated duties. This Action is brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nTransportation Department: Bethany Bezak, (619) 527-3173\nCity Attorney Contact: Miguel Merrell

Item 61: Amendments to the Municipal Code to Repeal Inactive Boards.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: Outside of City limits.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/27/2023, Item 53 (Council\nvoted 9-0):\n(O-2023-180)\nOrdinance amending Chapter 2, Article 6, Division 00 of the San Diego Municipal Code\nby repealing sections 26.09, 26.10, 26.15, 26.17, and 26.33; amending Chapter 2, Article\n6 by repealing Division 13, Sections 26.1301, 26.1302, and 26.1303; amending Chapter 2,\nArticle 6 by repealing Division 14, Sections 26.1401, 26.1402, and 26.1403; amending\nChapter 2, Article 6 by repealing Division 34, Section 26.3401; amending Chapter 9,\nArticle 8, Division 1 by repealing Section 98.0105; and retitling and amending Chapter 9,\nArticle 8, Division 3 by repealing section 98.0302, relating to repealing inactive advisory\nboards.\nCommittee Actions Taken:\nThis item was heard at the Rules Committee meeting on June 7, 2023.\nACTION: Motion by Council President Elo-Rivera, second by Committee Member Lee\nto recommend Council approval of staff's proposed actions.\nVOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-not\npresent.\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 62: Exemption of Thirty-Two (32) Positions in the City of San Diego from Classified\nService.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAll Thirty-Two (32) are included in the Fiscal Year 2024 Adopted Budget.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinances which were introduced on 6/27/2023, Item 54, Subitem-\nA, Subitem-B, Subitem-C, Subitem-D, Subitem-E, Subitem-F, Subitem-G, Subitem-H,\nSubitem-I, Subitem-J, Subitem-K, Subitem-L, Subitem-M, Subitem-N, and Subitem-O\n(Council voted 9-0):\nSubitem-A: (O-2023-181)\nOrdinance authorizing the exemption of one Program Coordinator position in the City's\nCompliance Department from the Classified Service, based on advisory review and\nfavorable comment by the Civil Service Commission on June 1, 2023. This Action is\nbrought under San Diego Charter Section 117(a)(17).\nSubitem-B: (O-2023-182)\nOrdinance authorizing the exemption of an Assistant Deputy Director and a Program\nCoordinator position in the City's Department of Information Technology from the\nClassified Service, based on advisory review and favorable comment by the Civil Service\nCommission on June 1, 2023. This Action is brought under San Diego Charter Section\n117(a)(17).\nSubitem-C: (O-2023-183)\nOrdinance authorizing the exemption of a Program Coordinator position in the City's\nDepartment of Real Estate and Airport Management from the Classified Service, based on\nadvisory review and favorable comment by the Civil Service Commission on June 1,\n2023. This Action is brought under San Diego Charter Section 117(a)(17).\nSubitem-D: (O-2023-184)\nOrdinance authorizing the exemption of a Program Coordinator position in the City's\nEconomic Development Department from the Classified Service, based on advisory\nreview and favorable comment by the Civil Service Commission on June 1, 2023. This\nAction is brought under San Diego Charter Section 117(a)(17).\nSubitem-E: (O-2023-185)\nOrdinance authorizing the exemption of a Program Manager position in the City's\nEngineering and Capital Projects Department from the Classified Service, based on\nadvisory review and favorable comment by the Civil Service Commission on June 1,\n2023. This Action is brought under San Diego Charter Section 117(a)(17).\nSubitem-F: (O-2023-186)\nOrdinance authorizing the exemption of an Assistant Deputy Director and a Program\nManager position in the City's Environmental Services Department from the Classified\nService, based on advisory review and favorable comment by the Civil Service\nCommission on June 1, 2023. This Action is brought under San Diego Charter Section\n117(a)(17).\nSubitem-G: (O-2023-187)\nOrdinance authorizing the exemption of an Assistant Department Director position in the\nCity's General Services Department from the Classified Service, based on advisory review\nand favorable comment by the Civil Service Commission on June 1, 2023. This Action is\nbrought under San Diego Charter Section 117(a)(17).\nSubitem-H: (O-2023-188)\nOrdinance authorizing the exemption of two Program Manager and four Program\nCoordinator positions in the City's Human Resources Department from the Classified\nService, based on advisory review and favorable comment by the Civil Service\nCommission on June 1, 2023. This Action is brought under San Diego Charter Section\n117(a)(17).\nSubitem-I: (O-2023-189)\nOrdinance authorizing the exemption of a Deputy Director and a Program Manager\nposition in the City's Parks and Recreation Department from the Classified Service, based\non advisory review and favorable comment by the Civil Service Commission on June 1,\n2023. This Action is brought under San Diego Charter Section 117(a)(17).\nSubitem-J: (O-2023-190)\nOrdinance authorizing the exemption of a Program Coordinator position in the City's\nPerformance and Analytics Department from the Classified Service, based on advisory\nreview and favorable comment by the Civil Service Commission on June 1, 2023. This\nAction is brought under San Diego Charter Section 117(a)(17).\nSubitem-K: (O-2023-191)\nOrdinance authorizing the exemption of a Program Coordinator position in the City's\nPersonnel Department from the Classified Service, based on advisory review and\nfavorable comment by the Civil Service Commission on June 1, 2023. This Action is\nbrought under San Diego Charter Section 117(a)(17).\nSubitem-L: (O-2023-192)\nOrdinance authorizing the exemption of an Assistant Police Chief position in the City's\nPolice Department from the Classified Service, based on advisory review and favorable\ncomment by the Civil Service Commission on June 1, 2023. This Action is brought under\nSan Diego Charter Section 117(a)(17).\nSubitem-M: (O-2023-193)\nOrdinance authorizing the exemption of two Program Manager and six Program\nCoordinator positions in the City's Public Utilities Department from the Classified\nService, based on advisory review and favorable comment by the Civil Service\nCommission on June 1, 2023. This Action is brought under San Diego Charter Section\n117(a)(17).\nSubitem-N: (O-2023-194)\nOrdinance authorizing the exemption of a Program Manager and two Program\nCoordinator positions in the City's Transportation Department from the Classified Service,\nbased on advisory review and favorable comment by the Civil Service Commission on\nJune 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).\nSubitem-O: (O-2023-195)\nOrdinance authorizing the exemption of a Program Manager position in the City's\nSustainability and Mobility Department from the Classified Service, based on advisory\nreview and favorable comment by the Civil Service Commission on June 1, 2023. This\nAction is brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nDepartment of Finance: Christopher Purcell, (619) 236-6775\nCity Attorney Contact: Miguel Merrell

Item 63: Fiscal Year 2024 Tax Rate Ordinance for the Maintenance of Zoological Exhibits.\nTotal Estimated Cost of Proposed Action and Funding Source:\nFunding is appropriated in the Fiscal Year 2024 Adopted Budget for Zoological Exhibits\nMaintenance in the amount of $19,490,501.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/27/2023, Item 331 (Council\nvoted 8-0, Councilmember von Wilpert-not present):\n(O-2023-174)\nOrdinance fixing the rate of taxation to maintain zoological exhibits in Balboa Park for\nFiscal Year 2024.\nCommittee Actions Taken: N/A\nDepartment of Finance: Vanessa Montenegro, (619) 533-6169\nCity Attorney Contact: Bret A. Bartolotta

Item 64: General Plan Amendment, Community Plan Amendment, and Rezone for Exposition\nWay, Process Five Decision.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAll costs associated with the processing of this project are recovered through a deposit\naccount funded by the applicant.\nCouncil District(s) Affected: 8.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/27/2023, Item 334, Subitem-C\n(Council voted 8-0, Councilmember von Wilpert-not present):\n(O-2023-178)\nOrdinance changing 2.01 acres located within the Otay Mesa Community Plan area from\nthe CN-1-2 (Commercial-Neighborhood) zone into the Il-2-1 (Industrial-Light) zone.\nCommittee Actions Taken: N/A\nDevelopment Services: Oscar Galvez III, (619) 446-5237\nCity Attorney Contact: Lindsey Sebastian\nADOPTION AGENDA\nCONSENT, RESOLUTIONS TO BE ADOPTED:

Item S500: IBank Infrastructure State Revolving Fund Program Loan for the Miramar Landfill\nOrganics Processing Facility Project. (Added 7/6/23)\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:\nPlease see the "Fiscal Considerations" section of the Staff Report.\nCouncil District(s) Affected: 6.\nProposed Actions:\n(O-2023-200)\nIntroduction of an Ordinance authorizing the application for, and incurrence of, a loan in a\nmaximum principal amount not-to-exceed $40.0 million from the California Infrastructure\nand Economic Development Bank to finance an Organics Processing Facility at the\nMiramar Landfill, and approving certain other matters in connection therewith.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee meeting on\nJune 21, 2023.\nACTION: Motion by Vice-Chair Moreno, second by Committee Member Lee, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.\nDepartment of Finance: Jyothi Pantulu, (619) 236-6917\nCity Attorney Contact: Bret A. Bartolotta

Item S501: Josh Hader and Juan Soto All-Star Day. (Added 7/6/23)\nCOUNCILMEMBER WHITBURN AND COUNCILMEMBER CAMPILLO'S\nRECOMMENDATION:\nProclaiming July 11, 2023, to be “Josh Hader and Juan Soto All-Star Day” in the City of\nSan Diego.\nSPECIAL ORDERS OF BUSINESS\nNone.\nITEMS PULLED FROM CONSENT BY COUNCILMEMBERS\nINFORMATIONAL AND ADOPTION AGENDA ITEMS (10AM SESSION)\nADOPTION AGENDA\nDISCUSSION, ORDINANCES TO BE INTRODUCED:

Item S502: Side Letter Agreement Between the City of San Diego and the Deputy City Attorneys\nAssociation of San Diego Amending Appendix A (Salary Tables) of the Fiscal Year\n2024 through Fiscal Year 2026 Memorandum of Understanding. (Added 7/7/23)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no fiscal impacts associated with this item.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-4)\nResolution approving a Side Letter Agreement between the City of San Diego and the\nDeputy City Attorneys Association amending Appendix A of the Fiscal Year 2024 through\nFiscal Year 2026 Memorandum of Understanding.\n6 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 S503: Resolution Approving Side Letter Agreement Between the City of San Diego and\nCalifornia Teamsters Local 911 to Amend the Memorandum of Understanding\nRegarding the San Diego City Employees’ Retirement System (SDCERS) Interest\nPayment for Overpayment/Underpayment Due to Error by City or\nSDCERS. (Added 7/7/23)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no known additional fiscal impact as a result of this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-2)\nResolution approving a Side Letter Agreement between the City of San Diego and\nCalifornia Teamsters Local 911 related to payment of interest to the San Diego City\nEmployees' Retirement Association.\n6 votes required pursuant to Charter Section 11.2.\nCommittee Actions Taken: N/A\nHuman Resources: Scott Harris, (619) 707-0653\nCity Attorney Contact: Thomas J. Brady

Item S504: Resolution Increasing the Hours of Floating Holidays for Eligible Unrepresented\nEmployees. (Added 7/7/23)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe fiscal impact for Fiscal Year 2024 is included in the adopted budget for each\nrespective department and fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-849)\nResolution increasing the hours of floating holidays for eligible unrepresented City\nemployees.\nCommittee Actions Taken: N/A\nHuman Resources: Abegaile Serafico, (619) 218-7439\nCity Attorney Contact: Miguel Merrell\nNON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET\nANALYST, CITY CLERK, CITY ATTORNEY\nPROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING)