REVISED
CITY OF SAN DIEGO
COUNCIL AGENDA
COUNCIL PRESIDENT
Sean Elo-Rivera • Ninth District
COUNCIL PRESIDENT PRO TEM
Monica Montgomery
Steppe
• Fourth District
COUNCILMEMBERS
Joe LaCava • First District
Jennifer Campbell • Second District
Stephen Whitburn • Third District
Marni von Wilpert • Fifth District
Chris Cate • Sixth District
Raul A. Campillo • Seventh District
Vivian Moreno • Eighth District
Charles Modica Mara W. Elliott
Deputy Director- Office
of the Independent
City Attorney
Budget Analyst
Elizabeth Maland
City Clerk
Virtual Meeting
Tuesday, March 01, 2022
Tuesday, March 01, 2022
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, MARCH 01, 2022, AT 10:00 AM
11AM COUNCIL ADJOURNS INTO CLOSED SESSION
CITY ADMINISTRATION BUILDING
12TH FLOOR, 202 “C” STREET SAN DIEGO, CA 92101
VIRTUAL CITY COUNCIL MEETING
COVID- 19 PUBLIC SERVICE ANNOUNCEMENT REGARDING COUNCIL MEETING ACCESS AND PUBLIC COMMENT:
Until further notice, City Council meetings will be conducted pursuant to the provisions of California Government Code section 54953(e), added by Assembly Bill 361, which allows the City to use teleconferencing and to provide the public an opportunity to address the City Council via a call-in option or an internet-based service option, during a proclaimed state of emergency when measures to promote social distancing are in effect or the City Council has determined meeting in person would present imminent risks to the health or safety of attendees. Additionally, the Council has approved Temporary Rules of Council as amended on August 3, 2021, to be used until further notice.
During the State of Emergency related to the COVID-19 pandemic and in the interest of public health and safety, some, if not all, City Council members will be participating in the City Council meetings via a virtual teleconference platform. There will be no members of the public in attendance at the City Council meetings. We are providing alternatives to in-person attendance for participating in City Council meetings.
In lieu of in-person attendance, members of the public may participate and provide comment via telephone, ZOOM, using the City Clerk webform, or via U.S. Mail of written materials, as follows:
Joining the Webinar and Offering Phone-in Testimony
The City Council meetings will be held virtually using the Zoom Webinar platform.
Members of the public can offer public comment on agendized items or during NonAgenda Public Comment by accessing the meeting online using a desktop computer, laptop, tablet, or Smartphone, or by calling into the meeting using a Smartphone, cellular phone, or land line.
https://sandiego.zoomgov.com/j/1614863189
To join by using iPhone one-tap:
US: +16692545252,,1614863189#
To join by telephone: Dial 1-669-254 5252 +
When prompted, input Webinar ID: 161 486 3189 #
Tuesday, March 01, 2022
How To Speak To A Particular Item or during Non-Agenda Public Comment:
When the Clerk introduces the item you would like to comment on (or indicates it is time for Non-Agenda Public Comment), raise your hand by either tapping the “Raise Your Hand” button on your computer, tablet, or Smartphone, or by dialing *9 on your phone. You will be taken in the order in which you raised your hand. You may only speak once on a particular item.
When the Clerk indicates it is your turn to speak, unmute your phone by tapping the Unmute button on your computer, tablet or Smartphone, or dial *6 on your phone.
Comment on Agenda Items, Non-Agenda Public Comment, and Closed Session Public Comment may be submitted using the webform indicating the comment type and item number (if relevant) for which you wish to submit your comment. Comments received by 8:00 AM the day of the meeting will be distributed to the City Council and posted online with the meeting materials. All webform comments are limited to 500 words but may include attachments.
Comments received after 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.
Group Presentations you may sign up and submit materials to be shown as part of a group presentation at the following Group Sign Up Webform, please do so by submitting complete information by 5:00 p.m. the day prior to the Council Meeting you wish to present at.
Group presentations will only be taken for items on the discussion agenda and one minute of presentation time will be given per participant listed as a member of the group with a maximum time of ten (10) minutes. Per Temporary Rule 2.6.1(c) Organized presentations will be allowed up to 10 minutes per group to speak, for a total of 40 minutes for organized presentations per item. If more than one group on the same side (in favor or opposition) requests an organized presentation, the 20 minutes will be divided evenly between each group for that side.
Please note at the time the agenda item for which the group desires to present is introduced by the Clerk all members of the presenting group must be called into or logged into the meeting via the name and/or number listed in the form.
Tuesday, March 01, 2022
Written Materials. Instead of submitting written materials as an attachment to the webform, you may submit via U.S. Mail to the City Clerk’s attention at 202 C Street, MS2A San Diego, CA 92101. Materials submitted via U.S. Mail must be received one business day prior to the meeting to be distributed to the City Council. Comments received via U.S. Mail on the day of, the meeting will be submitted into the written record for the relevant item.
The public may view the meetings on public television (within the City of San Diego only) on City TV Channel 24 for Cox Communications and Spectrum or Channel 99 for AT&T U-Verse, or view the meetings online (link is external).
REQUESTS FOR ACCESSIBILITY MODIFICATIONS OR ACCOMMODATIONS As required by the Americans with Disabilities Act (ADA), requests for agenda information to be made available in alternative formats, and any requests for disability-related modifications or accommodations required to facilitate meeting participation, including requests for alternatives to observing meetings and offering public comment as noted above, may be made by contacting the City Clerk at (619) 533-4000 or email to: [email protected]. The City is committed to resolving accessibility requests swiftly in order to maximize accessibility.
Requests for translation services to offer public comment may be made by contacting the City Clerk at (619) 533-4000 or email to: [email protected]. The City is committed to addressing language translation requests swiftly in order to maximize public participation.
Las solicitudes de servicios de traducción para ofrecer comentarios públicos se deberán hacer poniéndose en contacto con la City Clerk al (619) 533-4000 o por correo electrónico a:[email protected]. La ciudad se compromete a responder rápidamente a las solicitudes de traducción de idiomas con el fin de maximizar la participación del público.
Ang kahilingan para sa mga serbisyo sa pagsasalin upang mag-alok ng publikong puna ay maaaring magawa sa pamamagitan ng pakikipag-ugnayan sa City Clerk sa (619) 533-4000 o kaya ay mag-email sa mailto:[email protected]. Ang lungsod ay nakatuon sa pagtugon ng mabilis sa mga kahilingan sa pagsasalin ng wika upang mai-maximize ang pakikilahok sa publiko.
Cần dịch vụ thông dịch để phát biểu ý kiến trước công chúng, xin hãy liên hệ với City Clerk (Thư Ký Thành Phố) theo số (619) 533-4000 hoặc email đến [email protected]. Thành phố cam kết sẽ giải quyết các yêu cầu thông dịch một cách nhanh chóng để gia tăng sự tham dự của công chúng. يمكن تقديم طلبات خدمات الترجمة لتقديم تعليقات عامة عن طريق الاتصال بكاتب المدينة على (619) 533-4000 أو mailto: [email protected] بمعالجة المدينة تلتزم طلبات الترجمة اللغوية بسرعة من أجل زيادة المشاركة العامة パブリックコメントを要求するための翻訳サービス依頼は、市の書記（電話：619-533-4000
またはメール：mailto:[email protected]）に連絡することによって行うことができま す。
市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
Tuesday, March 01, 2022
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-
4000 또는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대 화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다.
為了鼓勵更多市民參與 '公眾意見'， 市政府設定了快捷的中文翻譯服務。 如
你有任何關於 '公開意見' 想發表， 請致電: (619) 533-4000， 或電郵
[email protected] 我們會為你翻譯。
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
Tuesday, March 01, 2022
PLEASE NOTE: THE PUBLIC PORTION OF THIS AGENDA, LISTED BELOW
INCLUDING NON-AGENDA PUBLIC COMMENT AND CLOSED SESSION
PUBLIC COMMENT IS TAKEN DURING THE 10 AM MORNING PORTION OF THE AGENDA. THE COUNCIL ADJOURNS INTO CLOSED SESSION AT APPROXIMATELY 11 AM AND RESUMES THE PUBLIC PORTION OF THE MEETING AT 2 PM.
OTHER LEGISLATIVE MEETINGS
The SAN DIEGO HOUSING AUTHORITY is scheduled to meet today VIRTUALLY.
A separate agenda is published for it, and is available online and in the Kiosk located in front of the City Administration Building, 202 C Street SD,CA 92101. For more information, please contact the Housing Authority Secretary at (619) 578- 7550. Internet access to the agenda is available at:
http://www.sdhc.org/Media-Center/SDHC-Meetings/Housing-Authority-Meetings/
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF COUNCIL MINUTES
01/24/2022
01/25/2022
Tuesday, March 01, 2022
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 50: Request to Exempt Three (3) Program Coordinator Positions in the Department of Information Technology from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
This will be funded by the Information Technology Fund, which will be absorbing these costs through current vacancy savings.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-86)
Introduction of an Ordinance authorizing the exemption of three Program Coordinator positions in the City's Department of Information Technology from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on January 14, 2022. These positions will be responsible for assisting the City's Payment Card Industry compliance process, the City's public records request process, and the City's Digital Equity programs. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken:
N/A
Department of Information Technology: Jonathan Behnke, (619) 533- 3637
City Attorney Contact: Miguel Merrell
Item 51: Exemption of Two Positions in the Development Services Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The projected annual costs, including salaries and fringe benefits totals approximately $185,000 for the Program Manager and $155,000 for the Program Coordinator. Funds for expenses will be available in the General Fund, Development Services Department for the Program Manager position and the Enterprise Fund for the CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, March 01, 2022
Program Coordinator due to vacancy savings in Fiscal Year 2022. The positions will be requested in the Fiscal Year 2023 budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-84)
Introduction of an Ordinance authorizing the exemption of a Program Manager position and a Program Coordinator position in the City's Development Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on October 7 and November 4, 2021. The Program Manager position will oversee the implementation and administration of the enforcement process for the City's Short-Term Residential Occupancy Ordinance, and other related duties. The Program Coordinator position will oversee all aspects of the Project Management and Submittal Division's customer service policies and procedures, and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken:
N/A
Development Services: Rimah Khouri-Velez, (619) 466-5007 City Attorney Contact: Miguel Merrell
ADOPTION AGENDA
Item 52: Application to the California Department of Water Resources for the FY 2021 High Hazard Potential Dam Rehabilitation Grant.
Total Estimated Cost of Proposed Action and Funding Source:
The total grant awarded from the FY 2021 High Hazard Potential Dam Rehabilitation Grant Program is $536,798. The City’s cost-share obligation for this grant is $338,202.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 2/8/2022, Item 50. (Council voted 9-0):
(O-2022-82)
Ordinance authorizing the application, acceptance, appropriation and expenditure of FEMA and DHS Grant funds for the FY 2021 High CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, March 01, 2022
Hazard Potential Dam Rehabilitation Grant Program, in an amount not-to-exceed $536,798, with grant reporting requirements exceeding five (5) years.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Raymond Palmucci
Item 53: Extension of the Lexis Nexis Contract and Approval of Amendment No. 2.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to extend the agreement for one year until December 31, 2022 and increase the not-to-exceed (NTE) amount by $75,000.
This amount will be expended across two fiscal years, $37,500 in FY22 and $37,500 in FY23. The annual not-to-exceed amount is budgeted in the City Treasurer’s General Fund budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 2/8/2022, Item 51. (Council voted 9-0):
(O-2022-18)
Ordinance authorizing Amendment No. 2 to an Agreement for Services with LexisNexis Risk Solutions Fl, Inc., to Extend the Term Beyond Five Years.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Office of the City Treasurer: DeeDee Alari, (619) 235-5276 City Attorney Contact: Bret A. Bartolotta
Item 54: Homes for All of Us: Housing Action Package Amendments to the Municipal Code and Local Coastal Program Amendments.
Total Estimated Cost of Proposed Action and Funding Source:
Increase in Development Impact Fees, additional payment into the Affordable Housing Trust Fund, costs associated with implementation of the proposed amendments will be covered by development project applicants.
Tuesday, March 01, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was amended by Council action at the time of introduction on 2/8/2022, Item 333, Subitem A. (Council voted 8-1, Councilmember von Wilpert-nay):
(O-2022-76 Rev. Cor. Copy)
Ordinance amending Chapter 9, Article 8, Division 5 of the San Diego Municipal Code by amending Section 98.0502; amending Chapter 12, Article 5, Division 4 by amending Section 125.0410; amending Chapter 12, Article 9, Division 2 by amending Section 129.0211; amending Chapter 13, Article 1, Division 6 by amending Sections 131.0622 and 131.0623; amending Chapter 14, Article 1, Division 3 by amending Sections 141.0302 and 141.0311; amending Chapter 14, Article 2, Division 6 by amending Section 142.0640; amending Chapter 14, Article 2, Division 13 by amending Section 142.1305; amending Chapter 14, Article 3, Division 4 by amending Sections 143.0402 and 143.0455; amending Chapter 14, Article 3, Division 7 by amending Section 143.0720, retitling and amending Section 143.0742, amending Section 143.0745, and adding Section 143.0746; amending Chapter 14, Article 3 by adding Division 13 and adding Sections 143.1301, 143.1303, 143.1305, 143.1307, 143.1310, and 143.1315; amending Chapter 14, Article 5 by retitling Division 40, amending Section 145.4001, retitling and amending Sections 145.4002 and 145.4003, and repealing Sections 145.4004 and 145.4005; amending Chapter 15, Article 1, Division 4 by amending Section 151.0401; amending Chapter 15, Article 5, Division 2 by adding Section 155.0238; and amending Chapter 15, Article 16, Division 1 by amending Sections 1516.0107, 1516.0112, 1516.0117, 1516.0122, and 1516.0131, all relating to the Homes For All Of Us:
Housing Action Package Code Update.
Committee Actions Taken: N/A
Planning: Kelley Stanco, (619) 236-6545
City Attorney Contact: Lauren Hendrickson
Tuesday, March 01, 2022
Item 55: Undergrounding Memorandum of Understanding with SDG&E.
Total Estimated Cost of Proposed Action and Funding Source:
All Utility Undergrounding projects covered under this MOU will be supported by revenue collected from related franchise fees deposited into the City’s Underground Surcharge Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 2/15/2022, Item 330. (Council voted 9-0):
(O-2022-85 Cor. Copy)
Ordinance to authorize the Mayor to enter into a Memorandum of Understanding with San Diego Gas & Electric (SDG&E) for the operation, management, and oversight of the City's Utility Undergrounding Program, and related actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Transportation Department: James Nabong, (619) 533-3721 City Attorney Contact: Ryan P. Gerrity
Item 56: Adoption of an Ordinance Amending Chapter 3, Article 4, Division 1 of the San Diego Municipal Code to Reduce the Current Tax Rate for Cannabis Production Facilities (CPFs) in the City of San Diego from 8% to 2%.
Total Estimated Cost of Proposed Action and Funding Source:
The Cannabis Business Tax(CBT) program is funded by the General Fund and the cost to implement the changes associated with the tax, including staff time to update the remittance form and website, are minimal and will come out of the annual budget allocated to the CBT program.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 2/15/2022, Item 331. (Council voted 6-3,Counilmember LaCava, Council President Pro Tem Montgomery Steppe and Council President EloRivera-nay):
(O-2022-83 Cor. Copy)
Tuesday, March 01, 2022
Ordinance amending Chapter 3, Article 4, Division 1 of the San Diego Municipal Code by amending Sections 34.0103 and 34.0112, relating to the City's Cannabis Business Tax.
Committee Actions Taken: N/A
Council District 7: Justine Murray, (619) 236-6751
City Attorney Contact: David Powell
ADOPTION AGENDA
Item 100: FY 2022 Community Projects, Programs and Services Funding Allocation to Trans Can Work for Matching Funding to Support Workforce Accelerator Fund 9.0 in San Diego.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $9,500 with Trans Can Work for Matching Funding to Support Workforce Accelerator Fund 9.0 in San Diego.
Council District(s) Affected: 2, 3, 7.
Proposed Actions:
(R-2022-305)
Resolution of the Council of the City of San Diego allocating $9,500 to Trans Can Work, Inc., for matching funding for the Workforce Accelerator Fund 9.0 in San Diego, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.”
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, March 01, 2022
Item 101: FY 2022 Community Projects, Programs and Services Funding Allocation to The San Diego Public Library Foundation for The Library Master Plan Phase I.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $10,500 with The San Diego Public Library Foundation for The Library Master Plan Phase I.
Council District(s) Affected: 1, 2, 3, 7.
Proposed Actions:
(R-2022-304)
Resolution of the Council of the City of San Diego allocating $10,500 to the San Diego Public Library Foundation for the Library Master Plan Phase I, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.”
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Item 102: FY 2022 Community Projects, Programs and Services Funding Allocation to Pacific Arts Movement for 22nd San Diego Asian Film Festival.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $8,500 with Pacific Arts Movement for 22nd San Diego Asian Film Festival.
Council District(s) Affected: 2, 3, 6.
Proposed Actions:
(R-2022-289)
Resolution of the Council of the City of San Diego allocating $8,500 to the Pacific Arts Movement for the 22nd San Diego Asian Film Festival - Free Films at Four, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs, and Services." Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Tuesday, March 01, 2022
Item 103: FY 2022 Community Projects, Programs and Services Funding Allocation to San Diego LGBT Pride for Pride City-Wide LGBTQ Outreach.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $22,500 with San Diego LGBT Pride for Pride City-wide LGBTQ Outreach.
Council District(s) Affected: 1, 2, 3, 5, 6, 8.
Proposed Actions:
(R-2022-291)
Resolution of the Council of the City of San Diego allocating $22,500 to San Diego LGBT Pride for Pride City-Wide LGBTQ outreach, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs, and Services."
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Item 104: FY 2022 Community Projects, Programs and Services Funding Allocation to TransFamily Support Services for Outreach.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not to-exceed $8,500 with TransFamily Support Services for Outreach.
Council District(s) Affected: 1, 2, 3, 5.
Proposed Actions:
(R-2022-306)
Resolution of the Council of the City of San Diego allocating $8,500 to TransFamily Support Services for outreach, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.”
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Tuesday, March 01, 2022
Item 105: FY 2022 Community Projects, Programs and Services Funding Allocation to San Diego Humane Society for Community Pet Events and Services.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $11,500 with San Diego Humane Society for Community Pet Events and Services.
Council District(s) Affected: 1, 2, 5, 6.
Proposed Actions:
(R-2022-290)
Resolution of the Council of the City of San Diego allocating $11,500 to San Diego Humane Society for community pet events and services, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs, and Services."
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Item 106: FY 2022 Community Projects, Programs and Services Funding Allocation to MANA de San Diego for Tias Program for Latina Success.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $17,500 with MANA de San Diego for Tias Program for Latina Success.
Council District(s) Affected: 2, 3, 4, 5, 7.
Proposed Actions:
(R-2022-288)
Resolution of the Council of the City of San Diego allocating $17,500 to Mana de San Diego for the Tias Program for Latina Success, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs, and Services."
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Tuesday, March 01, 2022
Item 107: FY 2022 Community Projects, Programs and Services Funding Allocation to Mama's Kitchen for Home-Delivered Meal Service.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $10,000 with Mama's Kitchen for HomeDelivered Meal Service.
Council District(s) Affected: 2, 3, 7, 9.
Proposed Actions:
(R-2022-286)
Resolution of the Council of the City of San Diego allocating $10,000 to Mama's Kitchen for the Home-Delivered meal service, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs and Services."
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Item 108: FY 2022 Community Projects, Programs and Services Funding Allocation to Jewish Family Service of San Diego (JFS) for On the Go-Rides and Smiles Program.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $14,300 with Jewish Family Service of San Diego (JFS) for On the Go-Rides and Smiles Program.
Council District(s) Affected: 1, 2, 3, 5, 6, 7.
Proposed Actions:
(R-2022-285)
Resolution of the Council of the City of San Diego allocating $14,300 to the Jewish Family Services of San Diego for the On The Go - Rides & Smiles program, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs and Services."
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Tuesday, March 01, 2022
Item 109: FY 2022 Community Projects, Programs and Services Funding Allocation to Home Start, Inc. for Miracle on 34th Street:
Housing for Young Families Facing Homelessness.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $14,000 with Home Start, Inc., for Miracle on 34th Street: Housing for Young Families Facing Homelessness.
Council District(s) Affected: 2, 3, 5.
Proposed Actions:
(R-2022-284)
Resolution of the Council of the City of San Diego allocating $14,000 to Home Start, Inc., for the Miracle on 34th Street: Housing for Young Families Facing Homelessness program, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs and Services."
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Tuesday, March 01, 2022
Item 110: FY 2022 Community Projects, Programs and Services Funding Allocation to The David's Harp Foundation, Inc., for The Student Recording Studio.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $10,000 with The David's Harp Foundation, Inc., for The Student Recording Studio.
Council District(s) Affected: 3, 4.
Proposed Actions:
(R-2022-299)
Resolution of the Council of the City of San Diego allocating $10,000 to the David’s Harp Foundation, Inc., for the student recording studio, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.”
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Item 111: FY 2022 Community Projects, Programs and Services Funding Allocation to Bayside Community Center for Bayside
Community Center 90th Anniversary Celebration.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $10,000 with Bayside Community Center for Bayside Community Center 90th Anniversary Celebration.
Council District(s) Affected: 2, 7.
Proposed Actions:
(R-2022-298)
Resolution of the Council of the City of San Diego allocating $10,000 to the Bayside Community Center for the Bayside Community Center’s 90th Anniversary Celebration, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.”
Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Tuesday, March 01, 2022
Item 112: FY 2022 Community Projects, Programs and Services Funding Allocation to Free to Thrive for Human Trafficking and Traumainformed Skills-based Training for Law Enforcement/Government Agencies and Survivor
Empowerment Programs.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee, to enter into an Agreement for an amount not-to-exceed $20,700 with Free to Thrive for Human Trafficking and Trauma-informed Skills-based Training for Law Enforcement/Government Agencies and Survivor Empowerment Programs.
Council District(s) Affected: 1, 2, 5, 6, 8, 9.
Proposed Actions:
(R-2022-283)
Resolution of the Council of the City of San Diego allocating $20,700 to Free to Thrive for human trafficking and trauma-informed skillsbased training for law enforcement/government agencies and survivor empowerment programs, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs and Services." Committee Actions Taken: N/A
Council Administration: Courtney Thomson, (619) 236-5918 City Attorney Contact: David J. Karlin
Item 113: Settlement of The Hanover Insurance Company a/s/o Prefab Granite Depot of Oceanside, Inc., v. City of San Diego, San Diego Superior Court Case Number 37-2021-00030886-CU-EICTL, Risk No. 21031.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $111,601.24 will be paid from the Water Utility Operating Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-217)
Resolution authorizing the settlement of The Hanover Insurance Company a/s/o Prefab Granite Depot of Oceanside, Inc. v. City of San Diego, San Diego Superior Court Case Number 37-2021-00030886- CU-EI-CTL, related to a complaint for damages sustained by their insured, Prefab Granite Depot of Oceanside, Inc., because of flooding into their property located at 1205 W. Morena Blvd., on December 7, 2018. Risk No. 21031.
Tuesday, March 01, 2022
Committee Actions Taken: N/A
Office of the City Attorney: Catherine L. Turner, (619) 533-6486 Item 114: Settlement of Claim Filed by Anthony Philip Geraldi, Claim No. 24028.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $76,510 will be paid from the Water Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-244)
Resolution authorizing the settlement of a pre-litigation claim filed Anthony Philip Geraldi for property damage stemming from a break in the City’s water main on December 17, 2019. Claim No. 24028.
Committee Actions Taken: N/A
Office of the City Attorney: Giovanna G. Longobardo, (619) 533-5664 Item 115: Settlement of Eric Ball v. City of San Diego, et al., United States District Court No. 21cv0498 GPC (BGS), Risk Claim No. 26182.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $775,000 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-309)
Resolution authorizing the settlement of Eric Ball v. City of San Diego, et al., United States District Court No. 21cv0498 GPC (BGS), related to the arrest and use of force on Plaintiff Eric Ball on June 13, 2020 while he was being booked into the County Jail. Claim No. 26182.
Committee Actions Taken: N/A
Office of the City Attorney: Seetal Tejura, (619) 235-5856 Item 116: Settlement of Attorneys’ Fee and Cost Claims Related to the Unions’ Defense of PERB Decision No. 2464-M (2015) Issued Tuesday, March 01, 2022
in San Diego Municipal Employees Ass'n et al. v. City of San Diego, PERB Case Nos. LA-CE-746-M, LA-CE-752-M, LA-CE755-M, LA-CE-758-M, Risk Claim No. 6215.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $667,249.91 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-276)
Resolution authorizing the settlement of attorneys’ fee and cost claims for legal services incurred by the San Diego Municipal Employees Association (MEA); Deputy City Attorneys Association (DCAA); American Federation of State, County and Municipal Employees, AFL-CIO, Local 127 (AFSCME Local 127); and San Diego City Firefighters, Local 145 (Local 145) (collectively referred to as the “Unions”), related to their defense of California Public Employment Relations Board (PERB) Decision No. 2464-M issued in San Diego Municipal Employees Ass’n et al. v. City of San Diego, PERB Case Nos.
LA-CE-746-M, LA-CE-752-M, LA-CE-755-M, LA-CE-758-M. Risk Claim No. 6215.
Committee Actions Taken: N/A
Office of the City Attorney: James S. McNeill, (619) 533-5860 Item 117: Settlement of Darin Barioni v. City of San Diego, SDSC Case No. 37-2015-00033388-CU-PO-CTL, consolidated with Grace Barioni and Jenny Barioni v. City of San Diego, SDSC Case No. 37-2020-00032337-CU-NP-CTL; Risk No. 11065.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $1,325,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-274)
Resolution authorizing the settlement of Darin Barioni v. City of San Diego, SDSC Case No. 37-2015-00033388-CU-PO-CTL, consolidated with Grace Barioni and Jenny Barioni v. City of San Diego, SDSC Case No. 37-2020-00032337-CU-NP-CTL, related to claims of personal injuries allegedly arising out of an alleged dangerous condition of public property. Risk Claim No. 11065.
Tuesday, March 01, 2022
Committee Actions Taken: N/A
Office of the City Attorney: Rayna Stephan, (619) 533-5818 Item 118: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized
Employee Organizations.
Total Estimated Cost of Proposed Action and Funding Source:
There is no known fiscal impact.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-312)
Resolution designating the City of San Diego's management team for labor negotiations with the City's recognized employee organizations, in accordance with the Meyers-Milias-Brown Act, San Diego Charter, and Council Policy 300-06.
Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Miguel Merrell
Item 119: Resolution Excusing Councilmember Campbell from City Council Meetings from the December 13, 2021 and December 14, 2021 City Council meetings.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-295)
Resolution excusing the absence of Councilmember Jennifer Campbell from the City Council meetings of December 13 and 14, 2021.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 2: Makana Rowan, (619) 236-6622
City Attorney Contact: Kathy Steinman
Tuesday, March 01, 2022
Item S500: Settlement of Barbara Mellor v. City of San Diego, SDSC Case No. 37-2018-00036469-CU-PO-CTL, Risk Claim No. 17684.
(Added 2/23/2022)
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $199,999.99 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-275)
Resolution authorizing the settlement of Barbara Mellor v. City of San Diego, SDSC Case No. 37-2018-00036469-CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property. Risk Claim No. 17684.
Committee Actions Taken: N/A
Office of the City Attorney: Rayna Stephan, (619) 533-5818 Tuesday, March 01, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: National Society of Black Engineers San Diego Chapter Day.
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S
RECOMMENDATION:
Proclaiming February 26, 2022, to be “National Society of Black Engineers San Diego Chapter Day” in the City of San Diego.
Item 31: Engineers Week.
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S
RECOMMENDATION:
Proclaiming February 20 through February 26, 2022, to be national “Engineers Week” in the City of San Diego.
Item S501: #AfghanEvac Day. (Added 2/23/2022)
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming March 1, 2021 to be “#AfghanEvac Day” in the City of San Diego.
Item S502: Bayside Community Center Day. (Added 2/23/2022) COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming March 11, 2022, to be “Bayside Community Center Day” in the City of San Diego.
Item S503: Allied Gardens Little League Day. (Added 2/24/22) COUNCILMEMBER CAMPILLO’S RECOMMENDATION:
Proclaiming March 5, 2022, to be “Allied Gardens Little League Day” in the City of San Diego.
SPECIAL ORDERS OF BUSINESS
Tuesday, March 01, 2022
None.
ITEMS PULLED FROM THE CONSENT AGENDA
PUBLIC COMMENT ON CLOSED SESSION
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.)
Per Temporary Rule 2.6.2, non-agenda public comment is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes, during the morning session. Non-agenda public comment at the beginning of the meeting may be limited to 30 minutes, with any remaining speakers given an opportunity to speak after Council concludes the other agenda items for the day.
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY
CLERK COMMENT
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
Tuesday, March 01, 2022
INFORMATIONAL ITEMS
Item 330: 2022 Draft City Council Work Plan.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Council District 9: Brendan Dentino, (619) 221-3517
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 331: Authorize the City to Accept and Transfer Additional Federal Emergency Rental Assistance Funds (ERA 1) Allocated by the U.S. Department of the Treasury to the San Diego Housing Commission (SDHC) for Support of the COVID-19 Housing
Stability Assistance Program (HSAP).
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
This has not fiscal impact on the General Fund. All funds to support this item are part of the COVID-19 relief funding sources from Federal Emergency Rental Assistance Funds (ERA 1) allocated by the U.S.
Department of the Treasury. This action will authorize the City of San Diego to accept, appropriate, and expend $8,308,615 in federal Emergency Rental Assistance Program (ERA 1) funds.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-314)
Resolution accepting and allocating federal emergency rental assistance program funds for the COVID-19 Housing Stability Assistance Program.
Committee Actions Taken: N/A
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, March 01, 2022
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of March 1, 2022, for a companion item.
ADOPTION AGENDA
Item S504: Repeal of Pushcarts in the Public Right-of-Way and Business Regulations for Sidewalk Vending. (Added 2/24/22)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The cost to administer sidewalk vending applications has not yet been determined. City staff is currently determining cost associated with the implementation, education/outreach, permitting and enforcement.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem A: (R-2022-206)
Resolution determining that the Ordinance amending Chapter 3 of the San Diego Municipal Code by adding Article 6, titled “Sidewalk Vending Regulations,” Sections 36.0101 through 36.0116, and amending Chapter 5 of the San Diego Municipal Code by amending Section 54.0105, all relating to sidewalk vending is not subject to CEQA pursuant to CEQA Guideline Section 15060(c)(2) and is categorically exempt from CEQA pursuant to Section 15301 of the State CEQA Guidelines.
Subitem B: (O-2022-45)
Introduction of an Ordinance amending Chapter 12, Article 6, Division 2 of the San Diego Municipal Code by amending Section 126.0203; amending Chapter 12, Article 9, Division 7 by amending Section 129.0710; amending Chapter 13, Article 1, Division 2 by amending Section 131.0222; amending Chapter 13, Article 1, Division 3 by amending Section 131.0322; amending Chapter 13, Article 1, Division 4 by amending Section 131.0422; amending Chapter 13, Article 1, Division 5 by amending Section 131.0522; amending Chapter 13, Article 1, Division 6 by amending Section 131.0622; amending Chapter 13, Article 2, Division 15 by amending Section 132.1510; DISCUSSION, NOTICED HEARINGS:
Tuesday, March 01, 2022
amending Chapter 14, Article 1, Division 6 by amending Section 141.0619; amending Chapter 15, Article 5, Division 2 by amending Section 155.0238; amending Chapter 15, Article 6, Division 3 by amending Section 156.0308; amending Chapter 15, Article 7, Division 3 by amending Section 157.0304; and amending Chapter 15, Article 16, Division 1 by amending Sections 1516.0112, 1516.0117, and 1516.0122, all relating to pushcarts.
Subitem C: (O-2022-43)
Introduction of an Ordinance amending Chapter 3 of the San Diego Municipal Code by adding Article 6, Division 1, Sections 36.0101 through 36.0116; and amending Chapter 5, Article 4, Division 1 by amending Section 54.0105, all relating to sidewalk vending.
Committee Actions Taken:
This item was heard at the Economic Development and
Intergovernmental Relations Committee meeting on February 9, 2022.
ACTION: Motion by Motion by Committee Member Campbell, second by Chair Campillo, to recommend Council approval of staff's proposed actions with the following amendments:
1. Include an annual review of the ordinance by the ED&IR Committee that will ensure the ordinance is being implemented effectively and offer opportunities or adjustments as needed.
2. §36.0104 Permit Denial and Revocation: (a)(2): of the sidewalk vendor to notify the City Manager within five business 15 calendar days of any changes to the facts provided in a vending permit application after the issuance of a vending permit:
3. §36.0107 Vending in Public Parks, Plazas, and Beach Areas: (c) Sidewalk vendors shall not vend within 100 50 feet of another sidewalk vendor.
4. §36.0109 Prohibited Sales: Sidewalk vendors are prohibited from vending the following goods: alcoholic beverages; tobacco and tobacco products; vaping products; smoking and drug related paraphernalia, not including apparel; cannabis and cannabis products; weapons, including knives, guns, or explosive devices; BB devices or imitation firearms; pharmaceuticals; live animals; harmful materials to minors as defined in section 58.07 of this Code; or other products prohibited by local, state and federal laws.
5. The offices of Councilmember Campbell and Councilmember Campillo will work together to craft language to insert into the draft ordinance that includes a written administrative warning and referral Tuesday, March 01, 2022
to a community-based organization for a first violation before fines are administered.
6. §36.0111 Impounding of Vending Equipment: In addition to the administrative fines authorized by section 36.0110, Environmental Services Department may, upon an individual’s fourth or greater violation of this Division, impound vending equipment and any goods therein.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Council District 2: Venus Molina, (619) 236-6622
City Attorney Contact: Ken So
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT