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
Independent City Attorney
Budget Analyst
Elizabeth Maland
City Clerk
City Administration Building
City Council Chambers- 12th Floor
202 C Street San Diego, CA 92101
Tuesday, April 26, 2022
AGENDA FOR THE
Tuesday, April 26, 2022
REGULAR COUNCIL MEETING OF
TUESDAY, APRIL 26, 2022, AT 10:00 AM
11AM COUNCIL ADJOURNS INTO CLOSED SESSION
CITY ADMINISTRATION BUILDING
12TH FLOOR, 202 “C” STREET SAN DIEGO, CA 92101
CITY COUNCIL MEETING
Effective April 11, 2022, Council Chambers is open for in-person testimony. (Rev. 4/20/22)
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.
Additionally, the Council has approved Temporary Rules as amended on April 5, 2022 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 Councilmembers may be participating in the City Council meetings via a virtual teleconference platform. Members of the public in attendance at the City Council meetings are encouraged to maintain social distancing in Chamber. Additionally, we are continuing to provide alternatives to in-person attendance for participating in City Council meetings.
In lieu of in-person attendance, members of the public may also participate and provide comment via telephone, ZOOM, using the City Clerk webform, or via U.S. Mail of written materials, as follows:
How To Speak To A Particular Item or during Non-Agenda Public Comment:
In Person
Please fill out a speaker slip located at the entrance to Council Chambers. Indicate the item you wish to speak on as well as other requested information. Then submit it to the Clerk at the box indicated near the speaker’s lectern at the front of the room.
Via Virtual Platform
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.
Tuesday, April 26, 2022
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.
Members of the public who wish to provide virtual testimony must enter the virtual queue by raising their hand before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.
Joining the Webinar and Offering Phone-in Testimony
The City Council meetings will continue to be held virtually using the Zoom Webinar platform.
Members of the public can offer public comment on agendized items or during Non-Agenda 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 #
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.
Quasi-Judicial Items. Organized group presentations for quasi-judicial items will be allowed up to 15 minutes per side to speak either for or against an item for a total of 30 minutes. If more than one group on the same side requests an organized presentation, the 15 minutes will be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.
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)
Tuesday, April 26, 2022
SENATE BILL 343 (LATE-ARRIVING MATERIALS)
Pursuant to California Senate Bill 343 (Section 54957.5(b) of the Brown Act), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Council Chambers in the lobby of the 12th floor of the City Administration Building in a binder labeled “SB 343.” Late-arriving materials received during the City Council meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.
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 mailto:[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 Tuesday, April 26, 2022
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。
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-4000 또는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 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, April 26, 2022
PLEASE NOTE: THE PUBLIC PORTION OF THIS AGENDA, LISTED BELOW INCLUDING NONAGENDA 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.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF COUNCIL MINUTES
3/14/2022
3/15/2022
Tuesday, April 26, 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: Award a First Amendment to the Original Consultant Contract, H176823A, for the West Mission Bay Drive Bridge Project with Kleinfelder Construction Services, Inc. for the Purpose of Construction Management.
Total Estimated Cost of Proposed Action and Funding Source:
Award First Amendment for an amount not-to-exceed $2,062,597.56, of which, $1,705,683.06 from Federal, (Grant, W. Mission Bay Bridge Construction); and 356,914.50 from, TransNet Extension RTCI Fee, over a term of 39 months for West Mission Bay Dr. Bridge project.
Council District(s) Affected: 2.
Proposed Actions:
(O-2022-100)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Kleinfelder Construction Services, Inc. for additional construction management services in an amount not-toexceed $2,062,597.56, and extend the term of the Agreement an additional 39 months, in connection with the West Mission Bay Drive Bridge project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on April 6, 2022.
ACTION: Motion by Council President Pro Tem Montgomery Steppe, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbell-not present.
Engineering & Capital Projects: Alex Garcia, (858) 627-3287 City Attorney Contact: Ryan P. Gerrity
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, April 26, 2022
ADOPTION AGENDA
Item 51: Exempt a Program Coordinator Position in the Development Services Department from Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The projected annual costs, including salaries and fringe benefits totals approximately $155,000 for the Program Coordinator. Funds for expenses will be available in the Enterprise Fund due to vacancy savings in Fiscal Year 2022. The position has been requested in the Fiscal Year 2023 budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 4/12/2022, Item 50 (Council voted 8-1, Councilmember Moreno- nay):
(O-2022-95)
Ordinance authorizing the exemption of one 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 March 3, 2022. This Program Coordinator position will be responsible for developing and implementing policies to improve efficiencies for small business permitting processes, 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
Item 52: Salary Ordinance for Fiscal Year 2023.
Total Estimated Cost of Proposed Action and Funding Source:
Approval of the Salary Ordinance is required under the City’s Charter as part of the annual budget process.
Council District(s) Affected: Citywide.
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, April 26, 2022
Proposed Actions:
Adopt the following ordinance which was introduced on 4/12/2022, Item 330 (Council voted 9-0):
(O-2022-96 Cor. Copy 2)
Ordinance Establishing a Schedule of Compensation, Including Changes to Classifications, for Officers and Employees of the City of San Diego for Fiscal Year 2023.
Committee Actions Taken: N/A
Human Resources: Erik Hanson, (619) 236-5599
City Attorney Contact: Thomas J. Brady
Item 53: Amendments to Municipal Code Chapter 6, Article 6, Divisions 1 and 7 for Senate Bill 1383 Organic Waste Requirements and related Solid Waste Management Franchise Provisions.
Total Estimated Cost of Proposed Action and Funding Source:
Please see staff report for fiscal considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 4/12/2022, Item 331 (Council voted 9-0):
(O-2022-93)
Ordinance amending Chapter 6, Article 6, Division 1 of the San Diego Municipal Code by amending Sections 66.0102, 66.0108, 66.0109, 66.0110, 66.0112,
66.0114, 66.0117, 66.0119, and 66.0124, and retitling and amending Section
66.0126; and amending Chapter 6, Article 6, Division 7 by amending Sections
66.0701, 66.0702, 66.0703, 66.0706, 66.0707, 66.0709, 66.0710, 66.0711, 66.0712,
66.0713, 66.0714, and 66.0715, and by adding new Sections 66.0719 and
66.0720, all relating to City solid waste and recycling requirements.
Committee Actions Taken: N/A
Environmental Services: Ken Prue, (858) 492-5085
City Attorney Contact: Nicole M. Denow
ADOPTION AGENDA
Tuesday, April 26, 2022
Item 100: Authorize Construction Change Order #6 for Contract Slurry Seal Group 1803.
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize the use of $17,930.00 from Road Maintenance & Rehabilitation Account (RMRA) to fund the change order provided for Slurry Seal Group 1803.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2022-438)
Resolution determining that the approval of construction Change Order No. 6 with American Asphalt South, Inc. for Slurry Seal Group 1803 is exempt from the California Environmental Quality Act pursuant to Sections 15301(c) and 15061(b)(3) of the California Environmental Quality Act Guidelines.
Subitem-B: (R-2022-439)
Resolution authorizing the Mayor, or his designee, to execute construction Change Order No. 6 with American Asphalt South, Inc. for traffic signal loop repairs under the citywide contract for Slurry Seal Group 1803 in an amount notto-exceed $17,930.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on April 6, 2022.
ACTION: Motion by Chair von Wilpert, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbell-not present.
Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Cassandra Mougin
Item 101: Resolution of the Council of the City of San Diego Authorizing and Establishing the Mission Valley Banner District.
Total Estimated Cost of Proposed Action and Funding Source:
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, April 26, 2022
No City funds expended for the creation of the Mission Valley Banner District.
The Mission Valley Banner District will be sponsored and funded by San Diego State University.
Council District(s) Affected: 7.
Proposed Actions:
Establish the Mission Valley Banner District and authorize San Diego State University to install street banners in the public right-of-way promoting cultural or civic events or activities of general public interest.
Subitem A: (R-2022-434)
Resolution determining that the approval of the Mission Valley Banner District and authorization to install and display banners in the public right-of-way is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).
Subitem B: (R-2022-433)
Resolution establishing the Mission Valley Banner District and authorizing the installation and display of banners in the public right-of-way.
Committee Actions Taken: N/A
Council District 7: Anthony Hackett, (619) 236-5909
City Attorney Contact: Lindsey Sebastian
Item 102: Designate Authorized Agents to Obtain Certain Federal and State Financial Assistance on the City's Behalf.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures being authorized with this specific action. Funding received from financial assistance programs directly supports the City’s ability to respond to and recover from a catastrophic event.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-420)
Tuesday, April 26, 2022
Resolution authorizing the Mayor, the Chief Operating Officer, the Chief Financial Officer, the Fire Chief, the Office of Emergency Services Executive Director, and the Office of Emergency Services Program Manager to execute, for and on behalf of the City, applications and documents for the purpose of obtaining certain federal and state financial assistance.
Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on April 7, 2022.
ACTION: Motion by Committee Member von Wilpert, second by Vice Chair Moreno, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, von Wilpert-yea, Campilloyea.
Office of Emergency Services: Amber Hill, (619) 533-6791 City Attorney Contact: Lara Easton
Item 103: Reimbursement Resolution for Stormwater Capital Improvement Program Expenditures.
Total Estimated Cost of Proposed Action and Funding Source:
Adoption of the reimbursement resolution will not obligate the City to expend any funds or issue debt. The adoption of the resolution provides flexibility to be reimbursed from future bond or loan proceeds for qualified capital expenditures. Staff will seek separate City Council approval for any new debt issuance or loan approvals with an associated list of capital projects and financing documents.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-391)
Resolution Declaring the City's Intent to be Reimbursed for Capital Expenditures Related to the Stormwater Capital Improvement Program from Proceeds of Obligations.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on April 13, 2022.
Tuesday, April 26, 2022
ACTION: Motion by Committee Member Moreno, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Debt Management: Lakshmi Kommi, (619) 236-6928
City Attorney Contact: Bret A. Bartolotta
Item S500: Appointment to the Commission on Gang Prevention and Intervention. (Added 4/20/22)
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 7.
Proposed Actions:
(R-2022-451)
Resolution confirming the Mayor's appointment of Rajali Walker to the Commission on Gang Prevention and Intervention for a term expiring July 1, 2023.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item S501: Appointments and Reappointments to the Arts and Culture Commission. (Added 4/20/22)
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 2, 3, 4, 5, 6, 7, 8.
Proposed Actions:
(R-2022-450)
Resolution confirming the Mayor's appointments of Abe Hughes, Lee Ann Kim, Kamaal Martin, Alessandra Moctezuma, Keith Opstad, Rebecca Philpott, and Dr.
Alberto Lopez Pulido for terms ending August 31, 2023, reappointment of Dajahn Blevins for a term ending August 31, 2022, and reappointments of Ann Tuesday, April 26, 2022
Bossler, Tyler Hewes, Udoka Nwanna, and Rebecca Smith for terms ending August 31, 2023, to the Commission for Arts and Culture.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item S502: Appointments to the Climate Action Plan Review Committee. (Added 4/20/22)
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2, 8.
Proposed Actions:
(R-2022-449)
Resolution confirming the Mayor's appointments of Alejandro Amador, Maxie Blasini, and Bruce Mayberry to the Climate Action Plan Review Committee for terms expiring September 2022.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item S506: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953. (Added 4/21/22)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-453)
Resolution reconsidering the circumstances of the State of Emergency related to COVID-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act.
Tuesday, April 26, 2022
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Heather Ferbert
Item S508: Resolution in Support of Ending Oil and Gas Drilling in California. (Added 4/22/22)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-458)
Resolution in Support of Ending Oil and Gas Extraction in California.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on April 21, 2022.
ACTION: Motion by Chair LaCava, second by Vice Chair von Wilpert, to recommend Council approval of staff's proposed actions with additional language that supports a just transition and workforce and allows the City Clerk to work with the Mayor's Office to transmit the Resolution to the Governor and State Legislature.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: Frederick M. Ortlieb
Tuesday, April 26, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Mission Valley Library Día de los Libros/Día de los Niños.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming April 30, 2022, to be “Mission Valley Library Día de los Niños/ Día de los Libros” in the City of San Diego.
Item 31: Sheila Beale Day.
COUNCIL PRESIDENT ELO-RIVERA AND COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming May 11, 2022, to be “Sheila Beale Day” in the City of San Diego.
Item 32: Dr. Suzanne Afflalo Day.
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming February 6, 2022, to be “Dr. Suzanne Afflalo Day” in the City of San Diego.
Item S503: Wave FC Inaugural Opening Day. (Added 4/20/22) COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming May 7, 2022, to be “Wave FC Inaugural Opening Day” in the City of San Diego.
Item S509: George Schaefer Day. (Added 4/22/22)
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming May 3, 2022 to be “George Schaefer Day” in the City of San Diego.
Tuesday, April 26, 2022
Item S510: World Lupus Day. (Added 4/22/22)
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming May 10, 2022, to be “World Lupus Day” in the City of San Diego.
Tuesday, April 26, 2022
SPECIAL ORDERS OF BUSINESS
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 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, April 26, 2022
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: Approval of the Sales and Marketing Services Contract Between the San Diego Convention Center Corporation, Inc. and the San Diego Tourism Authority.
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 action will have no impact on the City’s General Fund.
Council District(s) Affected: 3.
Proposed Actions:
(R-2022-423)
Resolution Approving the Sales and Marketing Services Contract between San Diego Convention Center Corporation, Inc., and San Diego Convention and Tourist Bureau d.b.a. San Diego Tourism Authority.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on April 13, 2022.
ACTION: Motion by Committee Member Moreno, second by ommittee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
San Diego Convention Center Corporation: Juan Reyes (619) 525-5277 Routed by Department of Debt Management: Richard Eyre (619) 236-6899 City Attorney Contact: Bret A. Bartolotta
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, April 26, 2022
Item S504: FY2023 Business Improvement District Budgets - Annual Appropriation Process. (Added 4/20/22)
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 City does not plan to retain any of the assessments and undertakes the associated administration with existing budgeted staff. All of the anticipated BID assessments are remitted to the BID funds and therefore, there is no net fiscal impact to the general fund. Please see the included City Attorney memo from April 2014 about risks associated with the levy of BID assessments and Prop 26.
Council District(s) Affected: 1, 2, 3, 4, 8, 9.
Proposed Actions:
Subitem-A: (R-2022-446)
Resolution appointing the Fiscal Year 2023 advisory boards for the specified parking and business improvement areas.
Subitem-B: (R-2022-447)
Resolution approving the Fiscal Year 2023 budget reports for specified parking and business improvement areas.
Subitem-C: (R-2022-445)
Resolution declaring intention to levy and collect annual assessments from businesses located in specified parking and business improvement areas for Fiscal Year 2023 and fixing the time and place for a public hearing on the levy of such assessments.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on April 13, 2022.
ACTION: Motion by Committee Member Montgomery Steppe, second by Chair Campillo to recommend approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
Tuesday, April 26, 2022
Item S505: Owner Participation Agreement-Beyer Boulevard Trolley Village. (Added 4/20/22)
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:
$5,000,000 from the City's Low and Moderate Income Housing Asset Fund.
Council District(s) Affected: 8.
Proposed Actions:
(R-2022-443)
Resolution approving the Owner Participation Agreement for the Beyer Boulevard Trolley Village affordable housing project within the San Ysidro Community Plan Area and authorizing a related loan in an amount not-toexceed $5,000,000, to the project developer, Beyer Family Housing, L.P.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
Item S507: Owner Participation Agreement – Rancho Bernardo Transit Village. (Added 4/21/22)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m. (Rev. 4/22/22)
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize an expenditure of up to $5 million from the City’s Low and Moderate Income Housing Asset Fund for the City’s below-market interest rate affordable housing loan for the development and construction of the Project.
Council District(s) Affected: 5.
Proposed Actions:
(R-2022-452)
Resolution of the Council of the City of San Diego approving the Owner Participation Agreement for the Rancho Bernardo Transit Village Affordable Housing Project within the Rancho Bernardo Community Plan Area and Tuesday, April 26, 2022
authorizing a related loan in an amount not-to-exceed $5 million, to the Project Developer, Bernardo Family Housing, L.P.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
Tuesday, April 26, 2022
ADOPTION AGENDA
Item 331: Regional Transportation Congestion Improvement Program (RTCIP) Fiscal Year 2023 Annual Fee Schedule Adjustment.
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 item has no General Fund Impact. This action will facilitate ongoing compliance with the TransNet Extension Ordinance and the City’s continued eligibility for TransNet funding. RTCIP revenue is collected and deposited into a special interest-bearing fund for appropriation to transportation projects eligible under RTCIP criteria and Council Policy 800-14, Prioritizing Capital Improvement Program Projects.
Council District(s) Affected: Citywide.
Proposed Actions:
The TransNet Extension Ordinance (Ordinance) established the Regional Transportation Congestion Improvement Program (RTCIP) as a means to construct improvements in the Regional Arterial System. The Ordinance requires that the RTCIP exaction be increased annually by no less than 2% per year. The SANDAG Board of Directors approved a 2.0% adjustment to the RTCIP on February 25, 2022. Accordingly, as a participating city in the RTCIP program, the City of San Diego must take specific administrative actions each year to ensure that the City is in compliance with the minimum RTCIP exaction as determined annually by SANDAG. (Rev. 4/21/22)
(R-2022-421)
Resolution approving a two percent increase to the RTCIP fee, consistent with the annual two percent increase to the RTCIP exaction as approved by the SANDAG Board of Directors on February 25, 2022.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on April 6, 2022.
ACTION: Motion by Vice Chair LaCava, second by Council President Pro Tem Montgomery Steppe, to recommend Council approval of staff’s proposed actions.
DISCUSSION, NOTICED HEARINGS:
Tuesday, April 26, 2022
VOTE: 3-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbell-not present.
Planning: Alfonso Gastelum, (619) 236-7167
City Attorney Contact: Shannon Eckmeyer
Item 332: FY 2023 Annual Action Plan for HUD Programs, FY 2023 Annual HUD Programs Allocations, and Associated Actions.
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 proposed actions result in no fiscal impact to the City’s General Fund, as the funding referenced in these requested actions originates from HUD.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-435)
Resolution allocating funding from the Fiscal Year 2023 U.S. Department of Housing and Urban Development entitlement grant programs, approving the Fiscal Year 2023 annual action plan and taking related actions.
Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on April 7, 2022.
ACTION: Motion by Committee Member Campillo, second by Vice Chair Moreno, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, von Wilpert-yea, Campilloyea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
Tuesday, April 26, 2022
PUBLIC NOTICES
Items are listed under Public Notices as a matter of public record only. These items do not require Council action and there is no public testimony.
Item 350: Submission of Ballot Proposals for the November 8, 2022 Ballot.
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected].
Therefore, the City Clerk’s Office has established the following calendar for the November 8, 2022 election.
DAY DATE DAYS
BEFORE
ELECTION
EVENT
Monday 04/04/22 218 LAST DATE (5:00 p.m.) for public,
departments and agencies to submit
ballot proposals to City Clerk for review
by Committee
Wednesday
Wednesday
04/20/22
06/08/22
202
153
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they
will be presented to the full Council for
consideration
Thursday -
Friday
06/09/22 –
08/12/22
152-88 Council discusses measures and adopts
ordinances prepared by City Attorney to
place measures on the ballot
Friday 08/12/22 88 Last day for City Clerk to file with Registrar of Voters election material
(ordinances and resolutions related to the
calling of election and measure(s), if any)
Tuesday, April 26, 2022
Tuesday 08/16/22 84 Last day to submit the Fiscal Impact Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Friday 08/19/22 81 Last day to file ballot arguments with City Clerk
Item S511: Council Policy 000-21 Ballot Proposals, November 2022. (Added 4/22/22) Ballot Propositions Forwarded for
2 ND Committee Review
The following ballot propositions have been referred from the Rules Committee to a second hearing for consideration for placement on a future ballot as noted. The Rules Committee will be meeting June 8, 2022 to review these measures referred for a second hearing.
Proposal Target Ballot
Amend San Diego Municipal Code Section 66.0127 Regarding Collection, Transport, and Disposal or Recycling of Refuse November 2022
Amendment to San Diego Municipal Code 132.0505 Coastal
Height Limit
November 2022
Allow Childcare Use in City Park Space November 2022
Ranked Choice Voting November 2022
Ballot Propositions Forwarded for
Council Review
The following measures received earlier consideration and will move directly to City Council for review.
Proposal Target Ballot
Safeguard San Diego / Project Labor Ban Repeal November 2022 Independent Counsel for the City Auditor November 2022
Amendments to City Charter Regarding City Employee Hiring and Recruitment Practices
November 2022
The City Council is expected to consider measures for the November 2022 ballot at its meetings in June, July, and August 2022.
Tuesday, April 26, 2022
Please check posted agendas for additional information.
If you have questions, please contact the Office of the City Clerk at [email protected] or (619) 533-4000.
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT