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, June 28, 2022
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, JUNE 28, 2022, AT 10:00 AM
CITY ADMINISTRATION BUILDING
Tuesday, June 28, 2022
12TH FLOOR, 202 “C” STREET SAN DIEGO, CA 92101
CITY COUNCIL MEETING
Effective April 11, 2022 Council Chambers is open for in-person testimony.
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 inperson 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.
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.
Tuesday, June 28, 2022
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) SENATE BILL 343 (LATE-ARRIVING MATERIALS)
Tuesday, June 28, 2022
Pursuant to California Senate Bill 343 (Section 54957.5(b) of the Brown Act), latearriving 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.
Upang matulungan kayo, bilang miyembro ng publiko, na maisalin sa wikang Inggles ang inyong mga puna o mungkahi sa City Council (Sanggunian ng Bayan), mangyaring makipag-ugnayan lamang sa City Clerk (Kalihim ng Bayan) gamit ang telepono (619-533-4000) o email ([email protected]). Hangad ng City (Pamahalaan ng Bayan) na lubusin ang pakikilahok ng publiko sa mga usaping pambayan, at handa ito na magbigay ng agarang tulong na kinakailangan ninyo sa pagsasaling-wika.
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, June 28, 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 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, June 28, 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.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF COUNCIL MINUTES
05/23/2022 Adjourned
05/23/2022 Special
05/24/2022
Tuesday, June 28, 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: Exemption of Forty-Three (43) Positions in the City of San Diego from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
These positions are included in the Fiscal Year 2023 Adopted Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinances, which are brought forward under San Diego Charter Section 117(a)(17).
Subitem-A: (O-2022-122)
Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Communications Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-B: (O-2022-123)
Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Department of General Services from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-C: (O-2022-124)
Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Department of Finance from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-D: (O-2022-125)
Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Department of Race and Equity from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, June 28, 2022
Subitem-E: (O-2022-126)
Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City's Department of Real Estate and Airport Management from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-F: (O-2022-127)
Introduction of an Ordinance authorizing the exemption of one Program Manager 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 June 2, 2022.
Subitem-G: (O-2022-128)
Introduction of an Ordinance authorizing the exemption of one Assistant Department Director position, three Deputy Director positions, and one Assistant Deputy Director position in the City's Engineering and Capital Projects Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-H: (O-2022-129)
Introduction of an Ordinance authorizing the exemption of one Deputy Director position, one Program Manager position, and one Program Coordinator position in the City's Environmental Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-I: (O-2022-130)
Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Homelessness Strategies and Solutions Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-J: (O-2022-131)
Introduction of an Ordinance authorizing the exemption of two Program Manager positions and five Program Coordinator positions in the City's Human Resources Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Tuesday, June 28, 2022
Subitem-K: (O-2022-132)
Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Office of the Chief Operating Officer from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-L: (O-2022-133)
Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City's Office of the City Clerk from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-M: (O-2022-134)
Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City's Office of the City Treasurer from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-N: (O-2022-135)
Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Office of Emergency Services from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-O: (O-2022-136)
Introduction of an Ordinance authorizing the exemption of one Program Manager position and one Program Coordinator position in the City's Parks and Recreation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-P: (O-2022-137)
Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Personnel Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-Q: (O-2022-138)
Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Performance and Analytics Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Tuesday, June 28, 2022
Subitem-R: (O-2022-139 Cor. Copy) (Rev. 6/23/22)
Introduction of an Ordinance authorizing the exemption of two Program Manager positions in the City's Planning Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-S: (O-2022-140)
Introduction of an Ordinance authorizing the exemption of two Assistant Deputy Director positions, two Program Manager positions, and one Assistant to the Water Department Director position in the City's Public Utilities Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-T: (O-2022-141)
Introduction of an Ordinance authorizing the exemption of one Assistant Deputy Director position and one Program Manager position in the City's Stormwater Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Subitem-U: (O-2022-143)
Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Sustainability and Mobility Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 2, 2022.
Committee Actions Taken: N/A
Department of Finance: Sally Rubi, (619) 236-7024
City Attorney Contact: Miguel Merrell
Department of Finance: Sally Rubi, (619) 236-7024
City Attorney Contact: Miguel Merrell
Tuesday, June 28, 2022
Item S501: Ordinance Approving Revisions to the Exhibits for Fiscal Year 2023 Salary Ordinance. (Added 6/24/22)
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.
Proposed Actions:
(O-2022-149)
Introduction of an Ordinance approving revisions to exhibits for the Fiscal Year 2023 Salary Ordinance related to specified represented classifications.
Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 379-5583
City Attorney Contact: Thomas J. Brady
Tuesday, June 28, 2022
ADOPTION AGENDA
Item 51: Ordinance to Authorize a Second Amendment to the Agreement Between the City of San Diego and Streamline
Automation Systems.
Total Estimated Cost of Proposed Action and Funding Source:
This contract is for an amount not-to-exceed $148,899, from the General Fund over a twelve (12) month period: May 19, 2022 to November 19, 2023. These costs are budgeted in the San Diego Fire Department's General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/14/2022, Item 50 (Council voted 9-0):
(O-2022-111)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with Streamline Automation Systems, extending the Contract through November 19, 2023, related to fire inspection software.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Fire-Rescue: John Wood, Assistant Fire Chief, (619) 533-4302 City Attorney Contact: Laura DePoister
Item 52: Sewer and Water GJ Crown Point South of La Playa - Extension of Contract K-16-1418-DBB-3 with Dick Miller, Inc. Beyond Six Years.
Total Estimated Cost of Proposed Action and Funding Source:
None. There are no additional costs associated with these time extensions.
Council District(s) Affected: 2.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/14/2022, Item 51 (Council voted 9-0):
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, June 28, 2022
(O-2022-114)
Ordinance authorizing a second extension of the obligations under the contract between the City and Dick Miller, Inc (K-16-1418-dbb-3) beyond five years until June 20, 2024.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
Item 53: Authorization to Extend the Agreement with CentralSquare Technologies for Fire’s Computer Aided Dispatch (CAD)
System.
Total Estimated Cost of Proposed Action and Funding Source:
This amendment will increase the value by $5,000,000 for a not-toexceed amount of $9,177,750, over the full term of the agreement.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/14/2022, Item 52 (Council voted 9-0):
(O-2022-110)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with CentralSquare Technologies, extending the Contract through September 30, 2023, with four (4) additional one-year options through September 30, 2027, for annual maintenance and support of the Fire-Rescue Department’s Computer Aided Dispatch (CAD) system.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Fire-Rescue: John Wood, Assistant Fire Chief, (619) 533-4302 City Attorney Contact: Laura DePoister
Tuesday, June 28, 2022
Item 54: Award a Phase-Funded Consultant Agreement, Contract #H2125775, to Rick Engineering to Provide Professional
Engineering Services for the Maple Canyon Storm Drain
Upgrade.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost for this phased-funded agreement with Rick Engineering is $6,000,000.00 of which $745,532.00 is for the first phase and $5,254,468.00 is for all subsequent phases. Phase 1 is funded with debt-funded general fund CIP.
Council District(s) Affected: 2, 3.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/14/2022, Item 60, Subitem B (Council voted 9-0):
(O-2022-113)
Ordinance authorizing the award of a phase-funded consulting services contract to Rick Engineering Company for feasibility analysis and design of Maple Canyon Storm Drain System Improvements. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Frederick M. Ortlieb
Item 55: Ordinance Amending the Supplemental Pension Savings Plan H (SPSP-H) as a Result of the Unwinding of Proposition B.
Total Estimated Cost of Proposed Action and Funding Source:
No Fiscal Impact.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/14/2022, Item S500 (Council voted 7-0, Councilmember von Wilpert, Councilmember Campillo-recused):
(O-2022-118)
Ordinance approving an amendment to the Supplemental Pension Savings Plan H as a result of the unwinding of Proposition B.
Committee Actions Taken: N/A
Tuesday, June 28, 2022
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
Item 56: Ordinance Amending the San Diego Municipal Code Related to the Unwinding of Proposition B.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/14/2022, Item S505 (Council voted 7-0, Councilmember von Wilpert, Councilmember Campillo-recused):
(O-2022-120)
Ordinance amending the San Diego Municipal Code related to the unwinding of Proposition B.
Committee Actions Taken: N/A
Human Resources: Dianne Mitra, (619) 533-6539
City Attorney Contact: Thomas J. Brady
ADOPTION AGENDA
Item S500: Fifth Amendment to Renew Lease at 525 B Street, San Diego, CA 92101, Between I&G 525 B Street, LLC and the City of San Diego. (Rev. 6/23/22)
Total Estimated Cost of Proposed Action and Funding Source:
Please see Fiscal Considerations section of the Staff Report.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2022-581)
Resolution determining that approval of that certain Fifth Amendment to Lease between I & G 525 B Street, LLC, a Delaware Limited Liability Company, and the City of San Diego is categorically exempt from the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15301.
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, June 28, 2022
This subitem is not subject to the 6 vote requirement.
Subitem-B: (O-2022-148 Cor. Copy) (Rev. 6/24/22)
Introduction of an Ordinance approving that certain Fifth Amendment to Lease between I & G 525 B Street, LLC, a Delaware Limited Liability Company, and the City of San Diego.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on June 16, 2022.
ACTION: Motion by Committee Member Cate, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.
Department of Real Estate and Airport Management: Karen Johnson, (619) 236-6191
City Attorney Contact: Delmar G. Williams
Item S502: First Amendment to the Agreement with the Regents of the University of California, San Diego’s Scripps Institution of Oceanography, for Continued Support for Real-Time
Oceanographic Mooring Systems for the Point Loma and South Bay Ocean Outfalls. (Added 6/24/22)
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this First Amendment to the agreement will increase the cost by $1,250,000, for a total contract amount of $2,500,000 over the ten-year term which expires in June 2027. Funds will come from the Metro Sewer Utility Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2022-590 Cor. Copy) (Rev. 6/28/22)
Resolution of the City Council declaring that this activity is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15301 and 15306.
Subitem-B: (O-2022-153 Cor. Copy) (Rev. 6/28/22)
Tuesday, June 28, 2022
Introduction of an Ordinance authorizing the Mayor to sign the First Amendment to the Agreement with the UC Regents for continued support of Oceanographic Mooring Systems for Point Loma and South Bay outfalls in an amount not-to-exceed $1,250,000, for a total Agreement amount of $2,500,000 and adding five years for a total term of ten years.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 23, 2022.
ACTION: Motion by Committee Member Campbell, second by Vice Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-not present.
Public Utilities: Ryan Kempster, (619) 758-2329
City Attorney Contact: Ray Palmucci
Tuesday, June 28, 2022
ADOPTION AGENDA
Item 100: Adoption of the Amended Flexible Benefits Plan for Eligible Employees for July 1, 2022 Through December 31, 2022.
Total Estimated Cost of Proposed Action and Funding Source:
Funding is appropriated in the annual budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-570)
Resolution adopting the amended Flexible Benefits Plan for eligible employees for July 1, 2022 through December 31, 2022.
Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
Item 101: First Amendment to Agreement for Behavioral Health Services with the County of San Diego.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures being authorized with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-578)
Resolution approving that certain First Amendment to Agreement for Behavioral Health Services with the County of San Diego.
Committee Actions Taken:
This item was heard at the Economic Development and
Intergovernmental Relations Committee meeting on June 15, 2022.
ACTION: Motion by Chair Campillo, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, June 28, 2022
Government Affairs: Adrian Granda, (619) 533-5965
City Attorney Contact: Kevin Reisch
Item 102: Settlement of Judith Pfohl v. City of San Diego, San Diego Superior Court Case No. 37-2020-00031287-CU-PO-CTL, Claim No. 24038.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $175,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-526)
Resolution authorizing the Settlement of Judith Pfohl v. City of San Diego, San Diego Superior Court Case No. 37-2020-00031287-CUPO-CTL, related to a personal injury accident that occurred on July 30, 2019, at the intersection of 14th Street and Imperial Avenue. Risk Claim No. 24038.
Committee Actions Taken: N/A
Office of the City Attorney: Kelly McGeehan, (619) 533-5884 Item 103: Settlement of Beatriz Zarza v. City of San Diego, 37-2020- 00043459-CU-PO-CTL, Risk Claim No. 23588.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $135,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-527)
Resolution authorizing the Settlement of Beatriz Zarza v. City of San Diego, 37-2020-00043459-CU-PO-CTL, related to a personal injury accident that occurred on May 1, 2019 in the 900 block of 13th Street in San Diego when Plaintiff exited her car and stepped onto the edge of a large pothole. Risk Claim No. 23588.
Committee Actions Taken: N/A
Tuesday, June 28, 2022
Office of the City Attorney: Kelly McGeehan, (619) 533-5884 Item 104: Settlement of Anna Avenue Associates et al. v. City of San Diego et al., San Diego Superior Court Case No. 37-2018- 00000231-CU-EI-CTL, Risk No. 18047.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $325,000 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-550)
Resolution authorizing the Settlement of Anna Avenue Associates et al. v. City of San Diego et al., San Diego Superior Court Case No. 37- 2018-00000231-CU-EI-CTL, related to a claim for inverse condemnation, nuisance, and trespass due to the reoccurring flooding and lack of drainage of an unimproved public right-of-way that abuts their property located at 5216 Anna Avenue. an alleged breach of contract at the University Heights Water Reservoir. San Diego Indoor Soccer, the tenant, filed suit against the City. Risk Claim No. 18047. (Rev. 6/23/22)
Committee Actions Taken: N/A
Office of the City Attorney: Jana Will, (619) 533-5867
Item S503: Authorization to Execute a Contract with Polydyne Inc. (Bid No. 10089845-22-J) to Purchase Anionic Polymer for Point Loma, Public Utilities Department. (Added 6/24/22)
Total Estimated Cost of Proposed Action and Funding Source:
This project will be funded by the Metro Sewer Utility Fund and the Total Cost will be $5,123,180.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2022-594 Cor. Copy) (Rev. 6/28/22)
Resolution of the City Council determining that the activity is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(B).
Tuesday, June 28, 2022
Subitem-B: (R-2022-593 Cor. Copy) (Rev. 6/28/22)
Resolution authorizing the Mayor to sign a one-year contract with four additional one-year options with Polydyne, Inc., to provide Anionic Polymer as required for the Point Loma Wastewater Treatment Plant, in an amount not-to-exceed $5,123,180, over five years.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 23, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campilloyea.
Public Utilities: Craig Boyd, (858) 654-4433
City Attorney Contact: Ray Palmucci
Item S504: Authorization to Execute a Contract with Polydyne Inc. (Bid No. 10089844-22-J) to Purchase Mannich Polymer for
Metropolitan Biosolids Center, Public Utilities Department. (Added 6/24/22)
Total Estimated Cost of Proposed Action and Funding Source:
This project will be funded by the Metro Fund, with a total cost of $19,710,807.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2022-589 Cor. Copy) (Rev. Copy)
Resolution of the City Council determining that the activity is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(B).
Subitem-B: (R-2022-588 Cor. Copy) (Rev. 6/28/22)
Resolution authorizing the Mayor to sign a one-year contract with four additional one-year options with Polydyne, Inc., to provide Mannich Polymer as required for the Metropolitan Biosolids Center, in an amount not-to-exceed $19,710,807, over five years.
Committee Actions Taken:
Tuesday, June 28, 2022
This item was heard at the Environment Committee meeting on June 23, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campilloyea.
Public Utilities: Craig Boyd, (858) 654-4433
City Attorney Contact: Ray Palmucci
Tuesday, June 28, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Mike Curren Day.
COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
Proclaiming July 9, 2022, to be "Mike Curren Day" in the City of San Diego.
Item 31: The Patrons of the Prado 25th Anniversary Day.
MAYOR GLORIA AND COUNCILMEMBER WHITBURN'S
RECOMMENDATION:
Proclaiming July 9, 2022 to be “The Patrons of the Prado 25th Anniversary Day" in the City of San Diego.
Item 32: Tom Wong Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming July 11, 2022 to be “Tom Wong Day” in the City of San Diego.
Item 33: Dr. Jennifer M. Tuteur Day.
COUNCILMEMBER CAMPBELL AND COUNCILMEMBER VON WILPERT'S
RECOMMENDATION:
Proclaiming July 18, 2022, to be “Dr. Jennifer Tuteur Day” in the City of San Diego.
Tuesday, June 28, 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, June 28, 2022
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: Fiscal Year 2023 Tax Rate Ordinance for the Maintenance of Zoological Exhibits.
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:
Funding is appropriated in the Fiscal Year 2023 Adopted Budget for the maintenance of zoological exhibits in the amount of $17,730,202 and is budgeted in the Zoological Exhibits Maintenance Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-115)
Introduce and adopt an Ordinance fixing the rate of taxation to maintain zoological exhibits in Balboa Park for Fiscal Year 2023.
Committee Actions Taken: N/A
Department of Finance: Ambar Gutierrez, (619) 533-6297
City Attorney Contact: Bret A. Bartolotta
Item S505: Fiscal Year 2023 Appropriation Ordinance. (Added 6/24/22) 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 Fiscal Year 2023 Appropriation Ordinance appropriates the Fiscal Year 2023 Adopted Budget. Please see attachments for more information.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-142)
Introduce and adopt an Ordinance approving the Budget of the City of San Diego for Fiscal Year 2023 and appropriating all necessary funds to operate the City.
DISCUSSION, ORDINANCES TO BE INTRODUCED:
Tuesday, June 28, 2022
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on June 22, 2022.
ACTION: Motion by Committee Member Montgomery Steppe, second by Vice Chair Elo-Rivera, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Department of Finance: Vanessa Montenegro, (619) 533-6169 City Attorney Contact: Bret A. Bartolotta
ADOPTION AGENDA
Item 331: Fiscal Year 2023 Tax Appropriations Limit (Gann Limit).
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 is to establish a Tax Appropriations Limit (Gann Limit) of $4,678,887,408 for Fiscal Year 2023.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-548)
Resolution approving the establishment of the Fiscal Year 2023 Tax Appropriations Limit (Gann Limit).
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Department of Finance: Ambar Gutierrez, (619) 533-6297
City Attorney Contact: Bret A. Bartolotta
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, June 28, 2022
Item 332: Adopting a Temporary Rule of Council Changing the Names and Responsibilities of Committee Consultants and Committee Consultant’s Assistant.
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:
(R-2022-573)
Resolution adopting temporary Rules of Council, superseding rules
6.5.3, 6.6.2, 6.7.3, and 6.9.4, relating to the title and responsibilities of committee consultants and committee consultant's assistants.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council Administration: Mary Ann Wallace, (619) 236-6442 City Attorney Contact: Heather Ferbert
Item S506: Consideration of Nominees for Appointment to the Horton Plaza Theatres Foundation Board of Directors. (Added
6/24/22)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-595)
Resolution appointing members of the Board of Directors of the Horton Plaza Theatres Foundation.
Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Kathy Steinman
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 S507: Submission of Ballot Proposals for the November 8, 2022 Ballot. (Added 6/24/22)
Tuesday, June 28, 2022
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 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
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.
Tuesday, June 28, 2022
Item S508: Council Policy 000-21 Ballot Proposals, November 2022. (Added 6/24/22)
Ballot Propositions Forwarded for
Council Review
The following measures have been forwarded to the 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
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
The City Council is expected to consider measures for the November 2022 ballot at its meetings in June, July, and August 2022.
Tuesday, June 28, 2022
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT