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 19, 2022
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, JULY 19, 2022, AT 10:00 AM
Tuesday, July 19, 2022
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.
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
Tuesday, July 19, 2022
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)
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 Tuesday, July 19, 2022
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 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。
Tuesday, July 19, 2022
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
Tuesday, July 19, 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
05/30/2022 Adjourned
05/31/2022 Adjourned
06/06/2022 Adjourned
06/07/2022 Adjourned
06/13/2022 Special
06/14/2022
Tuesday, July 19, 2022
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item S501: Exemption of Two Program Manager Positions and One Council Representative Position in the Council Administration Department and Exemption of 45 Council Representative 1 Positions for the Nine City Council Offices from Classified Service. (Added 7/14/22) Total Estimated Cost of Proposed Action and Funding Source:
These positions were included in the Fiscal Year 2023 Adopted Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-10)
Introduction of an Ordinance authorizing the exemption of two Program Manager positions and forty-six Council Representative I positions from the Classified Service requested by the City's Council Administration Office, based on advisory review and favorable comment by the Civil Service Commission on July 7, 2022. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Council Administration: Mary Ann Wallace, (619) 236-6442 City Attorney Contact: Miguel Merrell
Item S502: Authorization to Execute a One-Year Agreement with Assetworks, INC. for a Fleet Management Information System. (Added 7/14/22) Total Estimated Cost of Proposed Action and Funding Source:
The total not-to-exceed amount of $230,000, will be paid from the Fleet Operations Operating fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-1)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a Sole Source Agreement with Assetworks, Inc., in an amount not-to-exceed CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, July 19, 2022
$230,000, to provide software maintenance, support, and hosting of the City’s FleetFocus Fleet Management Information System, for a term extending through June 30, 2023.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on July 13, 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.
Department of General Services: David Onate, (619) 218-5372 City Attorney Contact: Markecia Simmons
ADOPTION AGENDA
Item 60: 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 Eight-Year Period 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 eight-year 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)
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, July 19, 2022
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.
Tuesday, July 19, 2022
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.
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Ryan P. Gerrity
ADOPTION AGENDA
Item 100: Authorize Construction Change Order #1 for Slurry Seal Group 2122 Contract for Bike Lanes on Linda Vista Road, Nimitz Blvd, Park Blvd, and Lincoln Ave.
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize the use of $412,753.43 from Gas Tax to fund the change order provided for Slurry Seal Group 2122.
Council District(s) Affected: 2, 3, 4 . (Rev. 7/14/22)
Proposed Actions:
Subitem-A: (R-2022-598)
Resolution determining that Change Order No. 1 to Slurry Seal Group contract 2122 is exempt from the California Environmental Quality Act pursuant to Sections 15301(c) and 15304(h) of the CEQA Guidelines.
Subitem-B: (R-2022-597)
Resolution authorizing the Mayor, or his designee, to sign Change Order No. 1 to Slurry Seal Group contract 2122 with VSS International, Inc. for additional bike way and traffic striping improvements in an amount not-to-exceed $412,753.43.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, July 19, 2022
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.
Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Cassandra Mougin
Item 101: Authorize Expenditure of Funds to Acquire Land to be Used for McGonigle Canyon Neighborhood Park.
Total Estimated Cost of Proposed Action and Funding Source:
Purchase price is $3,295,411.46 and the funds are available in the Pacific Highlands Ranch Facilities Benefit Assessment fund.
Council District(s) Affected: 1.
Proposed Actions:
(R-2022-596)
Resolution authorizing the expenditure of $3,289,411.46 to acquire five gross acres of real property from Tri Pointe Homes under the Pacific Highlands Ranch – Subarea III NCFUA Neighborhood Park Site (NP2) Purchase Agreement.
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: Ken Anderssohn, (619) 236-6049
City Attorney Contact: Jonathan Stone
Item 102: Authorization of a Five-Year Corporate Partnership Agreement with Utility Service Partners Private Label, Inc., Doing Business as SLWA Insurance Services to be the Preferred Service Line Warranty Partner of the City of San Diego.
Tuesday, July 19, 2022
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this proposed action. This partnership is anticipated to provide approximately $1,261,250 in revenue during the five-year contract term.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-9)
Resolution authorizing the Mayor, or his designee, to enter into a five-year Marketing Partnership Agreement with Utility Service Partners Private Label, Inc. to be the City of San Diego's Preferred Service Line Warranty Partner, and related actions.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on June 8, 2022.
ACTION: Motion by Committee Member Montgomery Steppe, 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.
Economic Development: Sarah Brenha, (619) 533-3837
City Attorney Contact: Marco A. Verdugo
Item 103: Declare 3,645 Square Feet of City-Owned Real Property on 40th Street Near El Cajon Blvd, San Diego, CA “Exempt Surplus Land” Pursuant to California Government Code Section 54221(f)(1)(B) and (E) and Authorize the Sale of the Property to Iwashita Real Estate Development, LLC, O’Conner Real Estate Development, LLC, and HDP Opportunity Partners, LLC.
Total Estimated Cost of Proposed Action and Funding Source:
Proceeds from the sale, net of costs related to the sale, will be deposited in the Capital Outlay Misc. Revenue Fund and the associated $100 Independent Consideration will be deposited into the General Fund.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-8)
Tuesday, July 19, 2022
Resolution determining that declaring 3,645 square feet of real property in vacated public right-of-way of 40th Street in the Normal Heights area of the City of San Diego exempt surplus land under the Surplus Land Act and approving a purchase and sale agreement for sale of the real property to Iwashita Real Estate Development, LLC, O’Connor Real Estate Development, LLC, and HDP Opportunity Partners, LLC, are exempt from the California Environmental Quality Act under Title 14 California Code of Regulations sections 15061(b)(2) and 15312.
Subitem-B: (R-2023-6)
Resolution declaring that 3,645 square feet of real property in vacated public right-of-way of 40th Street in the Normal Heights area of the City of San Diego is exempt surplus land under the Surplus Land Act.
Subitem-C: (R-2023-7)
Resolution approving a purchase and sale agreement for the City’s sale of 3,645 square feet of real property in vacated public right-of-way of 40th Street in the Normal Heights area of the City of San Diego to Iwashita Real Estate Development, LLC, O’Connor Real Estate Development, LLC, and HDP Opportunity Partners, LLC, for $282,000, and authorizing the Chief Financial Officer to accept and deposit the independent consideration and the sale proceeds.
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: Mary Carlson, (619) 236- 6079
City Attorney Contact: Delmar Williams
Item 104: Annual Special Tax Levy - Community Facilities Districts No. 2, No. 3, and No. 4.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost to the City; all costs are borne by the respective Districts.
Council District(s) Affected: 2, 5.
Proposed Actions:
Subitem-A: (R-2022-529)
Tuesday, July 19, 2022
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 2.
Subitem-B: (R-2022-530)
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 3.
Subitem-C: (R-2022-531)
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 4.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on May 25, 2022.
ACTION: Motion by Vice Chair Elo-Rivera, 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: Samantha Weisman, (619) 533-6491
City Attorney Contact: Bret A. Bartolotta
Tuesday, July 19, 2022
Item 105: Appointment to the Park and Recreation Board.
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-2023-2)
Resolution confirming the Mayor's appointment of Shaina Gross to the Park and Recreation Board for a term expiring on March 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin R. Bargar
Item 106: Appointment to the Citizens Advisory Board on Police/Community Relations.
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-2023-3)
Resolution confirming the Mayor's appointment of Rabbi Scott Meltzer to the Citizens Advisory Board on Police/Community Relations for a term ending January 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin R. Bargar
Item 107: Declaring A Continued State of Local Emergency Regarding COVID-19 Virus.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-605)
Tuesday, July 19, 2022
Resolution declaring a continued state of emergency regarding the COVID-19 pandemic, pursuant to California Government Code section 8630.
Committee Actions Taken: N/A
Office of the Mayor: Matt Yagyagan, (619) 236-6330
City Attorney Contact: Michelle Garland
Item 108: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: .
Proposed Actions:
(R-2022-261)
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
City Attorney Contact: Noah J. Brazier
Item S500: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953. (Added 7/14/22)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-19)
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.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 2: Haley Lesser, (619) 236-6699
City Attorney Contact: Heather Ferbert
Tuesday, July 19, 2022
Item S503: Resolution Approving the Agreement Between the City and San Diego Police Officers Association Related to Lateral and Recruitment Incentive Programs in the Police Department. (Added 7/15/22) Total Estimated Cost of Proposed Action and Funding Source:
The Lateral and Recruitment Incentive Program is contingent upon available funding and will terminate once the funding – total of $400,000 for Fiscal Year 2023 and total of $400,000 for Fiscal Year 2024 – has been exhausted.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-39)
Resolution approving an Agreement between the City of San Diego and the San Diego Police Officers Association related to the Lateral Police Officer II Incentive Program and the Police Officer Recruitment Incentive Program for Fiscal Years 2023 and 2024.
Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 533-4326
City Attorney Contact: Miguel Merrell
Item S504: Resolution Approving the Agreement Between the City and San Diego Police Officers Association to Amend Article 26 of the Memorandum of Understanding Related to Motorcycle Squad Uniforms. (Added 7/15/22)
Total Estimated Cost of Proposed Action and Funding Source:
The total initial outfitting cost for the Motorcycle Unit as currently staffed is $105,876.00.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-38)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Police Officers Association to amend Article 26 of the Memorandum of Understanding related to Motorcycle Squad Uniforms. 6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 533-4326
City Attorney Contact: Miguel Merrell
Tuesday, July 19, 2022
Tuesday, July 19, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Manny Machado Starting All-Star Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming July 19, 2022 to be, “Manny Machado Starting All-Star Day” in the City of San Diego.
Item 31: Dr. Freda Callahan Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming June 29, 2022 to be, “Dr. Freda Callahan Day” in the City of San Diego.
Tuesday, July 19, 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, July 19, 2022
INFORMATIONAL ITEMS
Item 330: Fiscal Year 2021 Business Diversity Annual Report.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken: N/A
Purchasing & Contracting/Equal Opportunity Contracting: Christian Silva, (619) 236-6069
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 331: Implementation of 2020 City of San Diego Disparity Study Recommendations.
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 for the bonding assistance and technical assistance programs was requested in the Fiscal Year 2023 budget. Additional funding may be requested for subsequent years once a contract has been awarded.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-3)
Introduction of an Ordinance amending:
Chapter 2, Article 2, Division 30, Chapter 2, Article 2, Division 31, and Chapter 2, Article 2, Division 36 of the San Diego Municipal Code by amending Sections
22.3003, 22.3107, 22.3604, 22.3609, 22.3610, 22.3611, 22.3612, 22.3613, DISCUSSION, ORDINANCES TO BE INTRODUCED:
Tuesday, July 19, 2022
22.3614, and 22.3615 to expand the Small and Local Business Program for public works contracts;
Introduction of an Ordinance amending Chapter 2, Article 2, Division 32 of the San Diego Municipal Code by amending Section 22.3207, to increase the consultant contract value requiring City Council approval from $250,000 to $500,000 and to align the value with the Small and Local Business Program contract levels;
Introduction of an Ordinance amending Chapter 2, Article 2, Division 32 and Chapter 2, Article 2, Division 36 of the San Diego Municipal Code amending Sections 22.3202, 22.3203, 22.3601, 22.3602, 22.3603, 22.3605, 22.3616,
22.3617, 23.3618, 23.3619, 23.3620, 23.3621, and 22.3622 to expand the Small and Local Business Program to include contracts for consultants, goods, and services, creating a sheltered competition program, subcontracting goals, and bid preferences;
Introduction of an Ordinance amending Chapter 2, Article 2, Division 36 of the San Diego Municipal Code by removing Section 22.3606 and amending Section
22.3608, to eliminate administrative details and procedures for the Small and Local Business Program from the Municipal Code.
6 votes pursuant to Charter Section 94. (Rev. 7/15/22)
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on May 18, 2022.
ACTION: Motion by Chair Campillo, second by Committee Member Campbell. to recommend Council approval of staff's proposed actions and request that Purchasing and Contracting staff and the City Attorney's Office work with the Council District 7 and Council District 4 offices to develop a race and genderconscious program that meets the strict scrutiny standard of constitutional review.
VOTE: 3-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-not present.
Purchasing & Contracting: Claudia C. Abarca, (619) 236-5921 City Attorney Contact: Eric S. Pooch
ADOPTION AGENDA
Item 332: Community Parking Districts Fiscal Year 2023 Annual Plans and Budgets.
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, July 19, 2022
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:
Please see Staff Report Fiscal Considerations section.
Council District(s) Affected: 2, 3, 9.
Proposed Actions:
(R-2022-583)
Resolution of the Council of the City of San Diego authorizing the transfer, appropriation, and expenditure of community parking district funding for Fiscal Year 2023 annual plans and budget 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 Councilmember Campbell, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbellyea.
Sustainability and Mobility: Kristy Reeser, (858) 492-6005 City Attorney Contact: Kate Malcolm
Item 333: Second Amendment to Hugo Parker, LLP Outside Counsel Consultant Agreement.
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 Second Amendment will increase the not-to-exceed amount of the agreement by $250,000, to $600,000 from $350,000. It is anticipated that up to $50,000 will be expended in the current fiscal year. Funds expended under this agreement will either be paid from the General Fund or Public Liability Fund when approved by Risk Management; otherwise, funds expended under this agreement will be paid by the City Department seeking Law Firm’s services.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-558)
Tuesday, July 19, 2022
Resolution authorizing approval for the City to amend an existing Consultant Services Agreement with law firm of Hugo Parker, LLP (Agreement) to do the following: (1) exercise the option under the Agreement to retain Hugo Parker in all pending and future litigation matters involving allegations of asbestos exposure at the commercial building located at 101 Ash Street (“101 Ash Building”); (2) to increase the total not-to-exceed amount to $600,000 from $350,000; and, (3) extend the contract term to December 31, 2024.
Committee Actions Taken: N/A
Office of the City Attorney: Paul H. James, (619) 533-5454
ADOPTION AGENDA
Item 334: Alvarado 2nd Pipeline Extension Project – Eminent Domain.
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:
Please see Staff Report.
Council District(s) Affected: 2, 3, 7.
DISCUSSION, NOTICED HEARINGS:
Tuesday, July 19, 2022
Proposed Actions:
(R-2022-510)
Resolution declaring that the public interest and necessity require acquisition of the property interests as set forth in Exhibits 1 through 5 thereto consisting of a permanent water easements over APNs 437-291-29, owned by Fashion Valley Mall LLC, and APN 438-021-20, owned by Hazard Center Station and temporary construction area permits over APN 437-291-29 to implement the Project; Declaring that the Project is planned or located in a manner most compatible with the public good and least private injury;
Declaring that the property interests proposed to be acquired are necessary for the Project and that such use is a public use authorized by law (inter alia, Cal.
Const., Art. I, section 19, City Charter Section 220, California Code of Civil Procedure sections 1240.010 et seq., section 1245.210 et seq. and section 1255.210 et seq.; and California Government Code Section 5023.1); Declaring that an offer to acquire the real property interests, pursuant to California Government Code Section 7267.2, at the appraised fair market value, has been made to each party claiming an ownership interest(s)in the property interests sought;
Authorizing and directing the City Attorney's Office to commence an action in the Superior Court of the State of California, in and for the County of San Diego, in the name of and on behalf of the City of San Diego, against all claimants with any interest(s) in the real property interests sought, and to seek immediate possession of the real property interests sought pursuant to California Code of Civil Procedure Section 1255.410;
Authorizing the Chief Financial Officer to expend funds in the amount $1,170,000 for APN 437-291-29 (Fashion Valley Mall) and $53,000 for APN 438- 021-20 (Hazard Center Station) from CIP S-12013 – Alvarado 2nd Pipeline Extension, Fund 700010 (Water Utility – CIP Funding Source). These amounts were determined from an MAI-accredited appraiser and represents the probable just compensation property interests to be acquired and will be deposited into the State Treasury Condemnation Fund. The final amount of probable compensation will be determined by the Court or through further negotiation with the property owner and is subject to increase once a date of value is established in the eminent domain action or if the Court orders an increase in the amount of probable compensation and this Resolution authorizes payment of any increased deposit or amount of just compensation to be paid to the property order pursuant to further negotiations or court order; Authorizing the Chief Financial Officer to expend funds from CIP S-12013 – Alvarado 2nd Pipeline Extension, Fund 700010 (Water Utility – CIP Funding Source) to pay all related litigation expenses incurred in the eminent domain action including, but not limited to, expert fees, deposition expenses, and all other litigation related expenses as necessary.
Tuesday, July 19, 2022
6 votes required pursuant (Rev. 7/15/2022) to Code of Civil Procedure section 1245.240.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Lucy Contreras, (619) 236- 7031
City Attorney Contact: Jenny K. Goodman
Tuesday, July 19, 2022
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT