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, July 12, 2022
AGENDA FOR THE
Tuesday, July 12, 2022
REGULAR COUNCIL MEETING OF
TUESDAY, JULY 12, 2022, AT 10:00 AM
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.
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, July 12, 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, July 12, 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.
Upang kayo ay matulungan na maisalin sa wikang Ingles ang inyong mga puna, mungkahi, o komento para sa Bayan ng San Diego, maaari pong makipag-ugnayan sa City Clerk sa telepono (619-533-4000) o email ([email protected]). Hangad ng Pamahalaang Bayan ng San Diego ang inyong pakikilahok sa usapang pambayan at handa itong magbigay ng agarang tulong na kinakailangan sa pagsasaling-wika ng inyong mga komento.
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, July 12, 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, July 12, 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.
OTHER LEGISLATIVE MEETINGS
The SAN DIEGO HOUSING AUTHORITY is scheduled to meet today. 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
Tuesday, July 12, 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: Authorize Construction Change Order #2 to Agreement with Urban Corps of San Diego County for Design and Construction of Chollas Creek, Oak Park Branch Trail Project Extending the Contract Term Beyond 5 Years in an Amount Not-to-Exceed $808,800.
Total Estimated Cost of Proposed Action and Funding Source:
This action will certify, encumber, and authorize expenditure of up to $808,800 from Climate Equity Fund for the Chollas Creek, Oak Park Branch Trail Project.
Council District(s) Affected: 9.
Proposed Actions:
(O-2022-150)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Construction Change Order No. 2, to the Agreement for Construction Services with Urban Corps of San Diego County, extending the Agreement an additional five years in an amount not-to-exceed $808,800, in connection with the Chollas Creek, Oak Park Branch Trail 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 June 22, 2022.
ACTION: Motion by Council President Pro Tem Montgomery Steppe, second by Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbellyea.
Planning: Gaetano Martedi, (619) 533-3678
City Attorney Contact: Jeanne MacKinnon
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, July 12, 2022
Item 51: First Amendment to the Consultant Agreement (H166749) with Architects Hanna Gabriel Wells for Design of Pacific Highlands Ranch Branch Library.
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this first amendment to the agreement will extend the contract duration with Architects Hanna Gabriel Wells from 60 months to 96 months. This is a no-cost, time extension only amendment.
Council District(s) Affected: 1.
Proposed Actions:
(O-2022-146)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Consultant Agreement with Architects Hanna Gabriel Wells (HGW) extending the Agreement an additional 36 months for Pacific Highlands Ranch Branch Library.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on June 22, 2022.
ACTION: Motion by Council President Pro Tem Montgomery Steppe, second by Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campell-yea.
Engineering & Capital Projects: Edgar Lozano, (619) 533-6613 City Attorney Contact: Dana C. Fairchild
Tuesday, July 12, 2022
ADOPTION AGENDA
Item 52: California Coastal Commission Suggested Modifications to Two Ordinances Amending the San Diego Municipal Code and Local Coastal Program: (1) Movable Tiny Houses Amendments to the Companion Unit and (2) Junior Unit Regulations and the Housing Legislation Code Update.
Total Estimated Cost of Proposed Action and Funding Source:
Cost associated with implementation of this ordinance would be covered by project applicants.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/20/2022, Item 204 (Council voted 8-0 Moreno-not present):
This action is to incorporate the California Coastal Commission modifications to the Movable Tiny Houses Ordinance and Housing Legislation Code Update. The modifications include: requiring parking for movable tiny houses, ADUs, and JADUs on properties that are located in the Beach Impact Area but outside of the Transit Priority Area if there is an accessory residential use on site, requiring that movable tiny houses, ADUs, and JADUs located outside of the Special Flood Hazard Area but within an area identified at risk from future coastal hazards enter into an agreement accepting that risk and prohibiting shoreline protection for movable tiny house, ADUs and JADUs.
(O-2022-116)
Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending sections 126.0704, 126.0707, and 126.0708 and amending Chapter 14, Article 1, Division 3 by amending sections 141.0302 and 141.0318, all relating to accepting California Coastal Commission’s suggested modifications required for certification.
Committee Actions Taken: N/A
Planning: Kelley Stanco, (619) 236-6545
City Attorney Contact: Corrine Neuffer
Item 53: Exemption of One Program Manager Position in the Compliance Department from the Classified Service.
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, July 12, 2022
Total Estimated Cost of Proposed Action and Funding Source:
This position is included in the Fiscal Year 2023 Proposed Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/21/2022, Item 50 (Council voted 9-0):
(O-2022-117)
Ordinance authorizing the exemption of one Program Manager position in the City's Compliance Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on February 3, 2022. This Program Manager position will be responsible for overseeing and administering the City's Office of Labor Standards and Enforcement, and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Compliance Department: Christiana Gauger, (619) 236-7158 City Attorney Contact: Miguel Merrell
Item 54: Tecolote Canyon Trunk Sewer Improvement, Tecolote Canyon Golf Course Water Connection and Sewer Group 836 - Authorization to Award Construction Contract.
Total Estimated Cost of Proposed Action and Funding Source:
The total phase-funded construction contract not-to-exceed amount is $51,000,000.00, of which $48,000,000 will be from the Muni Sewer CIP, Tecolote Canyon Trunk Sewer Improvement Fund; $2,000,000 from Water Utility CIP, Main Replacements; and $1,000,000 from the Muni Sewer CIP, Sewer Main Replacements.
Council District(s) Affected: 2, 6, 7.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/21/2022, Item 60, Subitem B (Council voted 9-0):
(O-2022-119)
Tuesday, July 12, 2022
Ordinance authorizing the Mayor, or his designee, to execute change orders necessary to fulfill the purpose of the construction contract for the Tecolote Trunk Sewer Improvement, Tecolote Canyon Golf Course Water Connection, and Sewer Group 836 project in an amount not to exceed $1,000,000 per change order, contingent upon funds being available in the project budgets.
Committee Actions Taken: N/A
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
Item 55: 13th & Broadway Affordable Housing (North Side of Broadway Between 13th and 14th streets) in the East Village Neighborhood of the Downtown Community Plan Area – First Implementation Agreement to Disposition and Development Agreement with Chelsea Investment Corporation, Ratification of City’s Authorization of Joint Funding Applications, and Waiving San Diego Municipal Code 143.0540.
Total Estimated Cost of Proposed Action and Funding Source:
No additional authorization for new funds is required. However, the current source of funds for the City Loan will be adjusted to reflect additional accrued interest and therefore reducing the loan amount to be funded through the Low and Moderate Income Housing Asset Fund (LMIHAF) by a like amount.
Council District(s) Affected: 3.
Proposed Actions:
Adopt the following ordinance which was introduced on 6/27/2022, Item 600, Subitem B (Council voted 9-0):
(O-2022-121 Cor. Copy) (Rev. 7/11/22)
Ordinance of the Council of the City of San Diego approving a waiver under San Diego Municipal Code section 143.0540 that requires the City to execute a Housing Replacement Agreement before the City issues a permit to convert or demolish the single-room occupancy (SRO) hotel at Villa Victoria Apartments in Downtown San Diego.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
Item 56: Exemption of Forty three (43) Positions in the City of San Diego from the Classified Service.
Tuesday, July 12, 2022
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 were introduced on 6/28/2022, Item 50, Subitem A-U (Council voted 9-0):
(Rev. 7/7/22)
Adopt the following ordinances, which are brought forward under San Diego Charter Section 117(a)(17).
Subitem-A: (O-2022-122)
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)
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)
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)
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.
Subitem-E: (O-2022-126)
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.
Tuesday, July 12, 2022
Subitem-F: (O-2022-127)
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)
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)
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)
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)
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.
Subitem-K: (O-2022-132)
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)
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.
Tuesday, July 12, 2022
Subitem-M: (O-2022-134)
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)
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)
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)
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)
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.
Subitem-R: (O-2022-139 Cor. Copy)
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)
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.
Tuesday, July 12, 2022
Subitem-T: (O-2022-141)
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)
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
Tuesday, July 12, 2022
Item 57: 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.
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:
Adopt the following ordinance which was introduced on 6/28/2022, Item S500, Subitem B (Council voted 9-0):
(Rev. 7/7/22)
(O-2022-148 Cor. Copy)
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: N/A
Department of Real Estate and Airport Management: Karen Johnson, (619) 236- 6191
City Attorney Contact: Delmar G. Williams
Item 58: Ordinance Approving Revisions to the Exhibits for Fiscal Year 2023 Salary Ordinance.
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:
Adopt the following ordinance which was introduced on 6/28/2022, Item S501, (Council voted 9-0):
(O-2022-149)
Ordinance approving revisions to exhibits for the Fiscal Year 2023 Salary Ordinance related to specified represented classifications.
Committee Actions Taken: N/A
Tuesday, July 12, 2022
Human Resources: Manuel Quintero, (619) 379-5583
City Attorney Contact: Thomas J. Brady
Item 59: 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.
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:
Adopt the following ordinance which was introduced on 6/28/2022, Item S502, Subitem B (Council voted 9-0):
(O-2022-153 Cor. Copy 2) (Rev. 7/11/22)
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-toexceed $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: N/A
Public Utilities: Ryan Kempster, (619) 758-2329
City Attorney Contact: Ray Palmucci
Tuesday, July 12, 2022
ADOPTION AGENDA
Item 60: Approval of the Joint Use Agreements Between the City and SDUSD for Adams Elementary, Challenger Middle, Mission Bay High, Normal Heights Elementary, Roosevelt Middle, and Taft Middle Schools.
Total Estimated Cost of Proposed Action and Funding Source:
Authorizing the Chief Financial Officer to reimburse the San Diego Unified School District for the construction costs of Taft Middle School Joint Use Facility in the amount not-to-exceed $3,048,682.88, from from Developer Contr CIP fund and Serra Mesa – Urban C fund within CIP S-15026, Taft Joint Use Facility Development.
Council District(s) Affected: 2, 3, 6, 7.
Proposed Actions:
Subitem-A: (R-2022-569)
Resolution determining that the authorization to enter into six Joint Use Agreements with San Diego Unified School District is exempt from the California Environmental Quality Act Pursuant to Sections 15301 and 15323 of the CEQA Guidelines.
Subitem-B: (O-2022-144)
Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into six 25-year Joint Use Agreements with San Diego Unified School District for the construction, operation, maintenance, and use of joint use facilities at Adams Elementary School, Challenger Middle School, Mission Bay High School, Normal Heights Elementary School, Roosevelt Middle School, and Taft Middle School, and related actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on June 8, 2022.
ACTION: Motion by Committee Member Campillo, second by Committee Member von Wilpert, to move consent agenda.
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, July 12, 2022
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, von Wilpert-yea, Campilloyea.
Parks & Recreation: Shannon Scoggins, (619) 236-6894
City Attorney Contact: Marco A. Verdugo
Item 61: Execute a Reimbursement Agreement Between the Otay Water District and The City of San Diego, for La Media Road Improvements Project.
Total Estimated Cost of Proposed Action and Funding Source:
This item is to execute a Reimbursement Agreement Between the Otay Water District and The City of San Diego, and Request Authorization to Award a Construction Contract in an amount not to exceed $44,000,000.00 and an eightyear period for La Media Road Improvements Project, to be funded from the Capital Improvements Program.
Council District(s) Affected: 8.
Proposed Actions:
Subitem-A: (R-2022-601)
Resolution approving a Reimbursement Agreement with the Otay Water District (OWD) to allow the OWD to reimburse the City for the cost of relocating OWD utility lines as part of the La Media Road Improvement Project in an amount not to exceed $2,500,000, and related actions.
Subitem-B: (O-2022-154)
Introduction of an Ordinance authorizing the award of an eight-year contract to the lowest responsible and reliable bidder for the La Media Road Improvement Project, for an amount not to exceed $44,000,000, and related actions. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on June 22, 2022.
ACTION: Motion by Vice Chair LaCava, second by Councilmember Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbellyea.
Tuesday, July 12, 2022
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Ryan P. Gerrity
ADOPTION AGENDA
Item 100: Authorization to Award Construction Contract #K-22-1972-DBB-3-A for Harbor Drive Trunk Sewer.
Total Estimated Cost of Proposed Action and Funding Source:
The total phase-funded construction contract including future change orders not-to-exceed amount is $36,000,000.00, to be funded from the Muni Sewer CIP, Harbor Drive Trunk Sewer Fund.
Council District(s) Affected: 3, 8.
Proposed Actions:
(R-2022-599)
Resolution authorizing the Mayor, or his designee, to award and sign a construction contract for replacement of the Harbor Drive Trunk Sewer Project in an amount not-to-exceed $36,000,000 and related actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on June 22, 2022.
ACTION: Motion by Commitee Member Campbell, second by Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbellyea.
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
Item 101: Settlement of SD Indoor Soccer, Inc v. City of San Diego, San Diego Superior Court Case No. 37-2020-00038099-CU-EL-CTL, Risk No. 24706.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $4,950,000 will be paid from the Water Fund.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, July 12, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-545)
Resolution authorizing the settlement of SD Indoor Soccer, Inc v. City of San Diego, San Diego Superior Court Case No. 37-2020-00038099-CU-EL-CTL, related to 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. 24706.
Committee Actions Taken: N/A
Office of the City Attorney: Tyler L. Krentz, (619) 533-4542 Item 102: Settlement of Jorge L. Cota v. City of San Diego, et al.; San Diego Superior Court Case No. 37-2018-00000842-CU-PA-CTL. Claim No.16822.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $1,200,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-577)
Resolution authorizing the settlement of Jorge L. Cota v. City of San Diego, et al.; San Diego Superior Court Case No. 37-2018-00000842-CU-PA-CTL, related to a personal injury accident that took place on April 5, 2017 at Briarwood Rd. near Paradise Valley Rd, San Diego, CA 92139. Risk Claim No. 16822.
Committee Actions Taken: N/A
Office of the City Attorney: Dave E. Abad, (619) 533-5821 Item 103: Appointment to the La Jolla Shores Planned District Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1.
Tuesday, July 12, 2022
Proposed Actions:
(R-2022-600)
Resolution confirming the Mayor's appointment of Philip Wise to the La Jolla Shores Planned District Advisory Board for a term ending April 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 104: Reappointment to the Funds Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action Council District(s) Affected: 1.
Proposed Actions:
(R-2022-602)
Resolution confirming the Mayor's reappointment of John Peelle to the Funds Commission for a term ending January 28, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Tuesday, July 12, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: 2022 San Diego Lesbian Gay Bisexual Transgender Queer Pride Month.
MAYOR GLORIA, COUNCILMEMBER CAMPBELL, AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:
Proclaiming the month of July 2022, to be “Lesbian, Gay, Bisexual, Transgender, Queer Pride Month” in the City of San Diego.
Item S500: Willie L. Morrow Day. (Added 7/8/22)
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming July 15, 2022 to be “Willie L. Morrow Day.” in the City of San Diego.
Item S501: Parks and Recreation Month. (Added 7/8/22)
MAYOR GLORIA AND COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming July 2022 to be “Parks and Recreation Month” in the City of San Diego.
Tuesday, July 12, 2022
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM THE CONSENT AGENDA
PUBLIC COMMENT ON CLOSED SESSION
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
Tuesday, July 12, 2022
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.
Tuesday, July 12, 2022
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: Water Rate Adjustments and Proposition 218 Notice and Hearing.
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 of noticing all customers is approximately $102,000 and will be paid by the Water fund based on the final number of notices issued.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-603)
Resolution authorizing notice of public hearing on proposed adjustment to water rates in accordance with Proposition 218, setting a date for the public hearing, and related actions.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on June 22, 2022.
ACTION: Motion by Vice Chair Elo-Rivera, second by Chair Cate, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Melissa Ables
Item S502: Consideration of a Nominee for Appointment to the Franchise Compliance Review Committee. (Added 7/8/22)
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: N/A Council District(s) Affected: Citywide.
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, July 12, 2022
Proposed Actions:
(R-2023-24)
Resolution making a City Council appointment to the Franchise Compliance Review Committee until dissolution of this temporary committee.
Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Kathy Steinman
Tuesday, July 12, 2022
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT