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 26, 2022
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, JULY 26, 2022, AT 10:00 AM
CITY ADMINISTRATION BUILDING
Tuesday, July 26, 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 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 26, 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 26, 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 26, 2022
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
Tuesday, July 26, 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
06/20/2022
06/21/2022
Tuesday, July 26, 2022
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 50: 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:
Adopt the following ordinance which was introduced on 7/12/2022, Item 50 (Council voted 9-0):
(O-2022-150)
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: N/A
Planning: Gaetano Martedi, (619) 533-3678
City Attorney Contact: Jeanne MacKinnon
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:
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, July 26, 2022
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:
Adopt the following ordinance which was introduced on 7/12/2022, Item 51 (Council voted 9-0):
(O-2022-146)
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: N/A
Engineering & Capital Projects: Edgar Lozano, (619) 533-6613 City Attorney Contact: Dana C. Fairchild
Item 52: 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:
Adopt the following ordinance which was introduced on 7/12/2022, Item 60, Subitem B (Council voted 9-0):
(O-2022-144)
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.
Tuesday, July 26, 2022
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Parks & Recreation: Shannon Scoggins, (619) 236-6894
City Attorney Contact: Marco A. Verdugo
ADOPTION AGENDA
Item 100: Contract with Vulcan Materials Company for Disposal Sites for Excavated Material in any Combination (ITB 10089840-22-L).
Total Estimated Cost of Proposed Action and Funding Source:
The total five-year cost of this contract is not to exceed $28M. The first year, FY23, will have a total allocation of $3,418,000 which is comprised of $2,010,000 from the Water Utility Fund (WUF), $800,000 from the Muni Fund (MUF), & $608,000 from the General Fund (GF). The remaining four Contract years run from FY24-FY27 (July 01, 2023-June 30, 2027) and will have a total not-to-exceed $24,582,000, which consists of $14,503,380 from WUF, $5,653,860 from MUF & $4,424,760 from GF.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-20)
Resolution authorizing the Mayor, or his designee, to enter into a Contract with Vulcan Materials Company, in an amount not-to-exceed $28,000,000, to provide for the disposal of excavated material services in any combination, over five years (ITB 10089840-22-L).
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, Campillo-yea.
Public Utilities: William Curcio, (619) 908-2555
City Attorney Contact: Ray Palmucci
Item 101: Authorize the Use of City Forces for Three Corrugated Metal Pipe (CMP) Repair Projects and Expend Capital Improvement Program CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, July 26, 2022
Budget Funds in an Amount Not-to-Exceed $3,733,130.24, to Three CMP Stormwater Pipe Repair Projects.
Total Estimated Cost of Proposed Action and Funding Source:
This Total Expenditures Related to This Action Will Be $3,733,130.24 From the Capital Improvement Program Fund.
Council District(s) Affected: 7.
Proposed Actions:
(R-2022-587)
Resolution authorizing the use of City forces to complete three in-house projects for repairs of corrugated metal stormwater pipes and expenditure of Capital Improvement Program budget funds for City force work related expenses.
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.
Stormwater Department: Sumer Hasenin, (858) 541-4336
City Attorney Contact: Jeanne MacKinnon
Item 102: Conflict of Interest Code for Sustainability and Mobility Department.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-12)
Resolution adopting a Conflict of Interest Code for the Sustainability and Mobility Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Tuesday, July 26, 2022
Sustainability and Mobility: Heather Werner, (858) 492-5082 City Attorney Contact: Hilda R. Mendoza
Item 103: Appointment to the Mobility Board Committee.
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-2023-26)
Resolution confirming the Mayor's appointment of Katie Crist to the Mobility Board for a term ending February 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Beverly Jensen Day.
COUNCILMEMBER WHITBURN'S RECOMMENDATION:
Proclaiming August 15th, 2022, to be, “Beverly Jensen Day” in the City of San Diego.
Item S500: Scripps Ranch Fire Safe Council Day. (Added 7/21/22) COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming August 16, 2022 to be, “Scripps Ranch Fire Safe Council Day” in the City of San Diego.
Item S501: Health Science High and Middle College Fire Tech Academy Day. (Added 7/21/22)
COUNCIL PRESIDENT ELO-RIVERA AND COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming August 2, 2022 to be, “Health Science High and Middle College Fire Tech Academy Day” in the City of San Diego.
Tuesday, July 26, 2022
Item S502: Orned Gabriel Day. (Added 7/21/22)
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming August 27, 2022 to be, “Orned Gabriel Day” in the City of San Diego.
Item S503: Jorge Hernandez Day. (Added 7/21/22)
COUNCIL PRESIDENT ELO-RIVERA AND COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming August 2, 2022 to be, “Jorge Hernandez Day” in the City of San Diego.
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
Tuesday, July 26, 2022
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
Tuesday, July 26, 2022
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: Proposed Settlement Agreement Involving Acquisition of the 101 Ash Street and Civic Center Plaza Properties.
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: 3.
Proposed Actions:
Subitem-A: (R-2022-582 Cor. Copy):
Resolution (i) approving the Settlement Agreement and Mutual Release (Settlement Agreement) for the City's acquisition of real properties commonly known as Civic Center Plaza and 101 Ash Street in downtown San Diego and the settlement of related litigation and release of related claims between the City and certain other parties, (ii) making a finding that the City's expenditure of funds under the Settlement Agreement will achieve numerous public purposes and benefits, and (iii) approving related implementing actions.
Subitem-B: (R-2022-568 Cor. Copy):
Resolution authorizing amendments to the City's Fiscal Year 2023 budget.
Committee Actions Taken: N/A
Office of the Chief Operating Officer: Jay Goldstone, (619) 260-3777 City Attorney Contact: Kevin Reisch, Bret Bartolotta
Item 331: 2022 Climate Action Plan – Net Zero by 2035.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
In light of the full agenda and to allow for thorough discussion of this item, the Council President recommends that this item be continued to August 2, 2022 at 2pm.
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, July 26, 2022
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-34 Cor. Copy)
Resolution authorizing the Mayor, or his designee, to adopt the City of San Diego's 2022 Climate Action Plan.
Subitem-B: (R-2023-36)
Resolution authorizing the Mayor, or his designee, to adopt the Addendum to Final Program Environmental Impact Report No. 416603, SCH No. 2015021053 for the Climate Action Plan Update and adopting the Mitigation, Monitoring, and Reporting Program.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 30, 2022.
ACTION: Motion by Chair LaCava, second by Committee Member Campbell, to recommend Council approval of staff's recommendation with the following amendments:
Add the following language to Measure 3.1: “Implement the City’s San Diego River Park Master Plan to increase mobility through enhancement of the river trail.
Add the following language to Measure 5.1: “Partner with the San Diego River Conservancy and other agencies to identify sequestration opportunities through restoration projects.
Amend the following section in Measure 3.1: “Implement the City’s Bicycle Master Plan and community plan bicycle networks with an emphasis on separated bikeways a Class IV First approach.
Add the following language to Measure 3.1: “Implement Assembly Bill 43 to reduce speed limits in select corridors.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Sustainability and Mobility: Moriah Saldaña, (909) 953-9233 City Attorney Contact: Nicole M. Denow
ADOPTION AGENDA
DISCUSSION, NOTICED HEARINGS:
Tuesday, July 26, 2022
Item 332: La Jolla Farms Outfall Repair - Project No. 687244.
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:
No funding is proposed with this action.
Council District(s) Affected: 1.
Proposed Actions:
This item seeks City Council approval of Coastal Development Permit No. 252749 and adoption of Mitigated Negative Declaration No. 68744 and Mitigation, Monitoring and Reporting Program for the La Jolla Farms Outfall Project which calls for the removal of old storm drain pipe and installation of approximately 252 linear feet of new storm drain pipe, concrete energy dissipator and storm water inlet.
Subitem-A: (R-2023-25 Cor. Copy) (Rev. 7/22/22)
Resolution adopting Mitigated Negative Declaration No. 68724 and Mitigation, Monitoring and Reporting Program.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2023-23 Cor. Copy) (Rev. 7/22/22)
Resolution authorizing Coastal Development Permit No. 252749.
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Karen Bucey, (619) 446-5049
City Attorney Contact: Michelle Lyman
Item 333: Development Agreement for Bosa Development California II, Inc. Site at the Northeast Corner of Pacific Highway and Broadway.
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:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3.
Tuesday, July 26, 2022
Proposed Actions:
Process 5 Development Agreement for the approximately 60,000 square foot site at the northeast corner of Pacific Highway and Broadway (APN 533-471-09- 00) owned by Bosa Development California II, Inc. ("Bosa"). A previous Development Agreement approved in 2012 and amended in 2016 outlined special development regulations applicable to three properties owned by Bosa, including the subject property; however, while the other properties have been developed, the subject property remains undeveloped. The proposed action will rescind the 2012 Development Agreement and allow a new Development Agreement that retains the essential provisions of the 2012 Development Agreement for the undeveloped subject property only, while establishing a new expiration date.
(O-2023-5)
Introduction of an Ordinance approving a Development Agreement between the City of San Diego and Bosa Development California II, Inc.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: James Alexander, (619) 446-5188
City Attorney Contact: Lauren Hendrickson
Item 334: Climate Action Plan Update Package Municipal Code, Land Development Manual, and Local Coastal Program Amendments (CAP Consistency Regulations).
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
In light of the full agenda and to allow for thorough discussion of this item, the Council President recommends that this item be continued to August 2, 2022 at 2pm.
Total Estimated Cost of Proposed Action and Funding Source:
Costs associated with implementation of the CAP Consistency Regulations would be recoverable to the Development Services Department, as the CAP Consistency Regulations would become a part of the existing project review process.
Council District(s) Affected: Citywide.
Proposed Actions:
This action requests approval of the Planning Department’s Climate Action Plan Update Package. The Climate Action Plan Update Package proposes amendments to the San Diego Municipal Code, the Local Coastal Program, and the Land Development Manual, and approval of an Urban Tree Canopy Fee.
Tuesday, July 26, 2022
Subitem-A: (R-2023-29)
Resolution approving the Urban Tree Canopy Fee.
Subitem-B: (R-2023-31)
Resolution Amending Land Development Manual, Appendix A, California Environmental Quality Act Significance Thresholds to Amend the Greenhouse Gas Emissions Threshold.
Subitem-C: (O-2023-4)
Introduction of an Ordinance amending Chapter 12, Article 6, Division 4 of the San Diego Municipal Code by amending Sections 126.0402 and 126.0404; amending Chapter 12, Article 9, Division 7 by amending Section 129.0710; amending Chapter 14, Article 3, Division 3 by amending Section 143.0302; amending Chapter 14, Article 3, Division 10 by amending Section 143.1025; amending Chapter 14, Article 3 by adding new Division 14, Sections 143.1401, 143.1403, 143.1405, 143.1410, and 143.1415, all relating to Climate Action Plan Consistency Regulations.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 30, 2022.
ACTION: Motion by Chair LaCava, second by Committee Member Campbell, to to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Planning/Environmental Analysis: Rebecca Malone, (619) 446-5371 City Attorney Contact: Lindsey Sebastian
Tuesday, July 26, 2022
PUBLIC NOTICES
Items are listed under Public Notices as a matter of public record only. These items do not require Council action and there is no public testimony.
Item 350: Submission of Ballot Proposals for the November 8, 2022 Ballot.
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected].
Therefore, the City Clerk’s Office has established the following calendar for the November 8, 2022 election.
DAY DATE DAYS
BEFORE
ELECTION
EVENT
Monday 04/04/22 218 LAST DATE (5:00 p.m.) for public,
departments and agencies to submit
ballot proposals to City Clerk for review
by Committee
Wednesday
Wednesday
04/20/22
06/08/22
202
153
Initial Committee review
Measures that advance from initial
review proceed to a second Committee
review, where the Committee will decide
if they will be presented to the full
Council for consideration
Thursday -
Friday
06/09/22
–
08/12/22
152-88 Council discusses measures and adopts
ordinances prepared by City Attorney to
place measures on the ballot
Friday 08/12/22 88 Last day for City Clerk to file with Registrar of Voters election material
(ordinances and resolutions related to
the calling of election and measure(s), if
any)
Tuesday 08/16/22 84 Last day to submit the Fiscal Impact Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Tuesday, July 26, 2022
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.
Item 351: Council Policy 000-21 Ballot Proposals, November 2022.
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, July 26, 2022
Item 352: Arguments Supporting or Opposing Measures.
For measures approved by the Council for submittal to the qualified voters of the City of San Diego at the Municipal General Election to be held on Tuesday, November 8, 2022, the City Clerk has fixed 5:00 p.m. on Friday, August 19, 2022, as a reasonable date prior to such election after which no arguments for or against City Measures may be submitted to the Clerk.
Any argument for or against any City measure shall not exceed 300 words in length and may be filed by the Council, or any member or members of the Council authorized by the Council, or the bona fide sponsors or proponents of the measure, or any bona fide association of citizens or individual voter, or any combination of voters and associations.
All arguments must be accompanied by a statement signed by each author that the argument is true and correct to the best of his/her knowledge and belief. (Forms for this statement are available in the Office of the City Clerk or at http://www.sandiego.gov/cityclerk/forms/pdf/argumentsigform.pdf.) San Diego Municipal Code section 27.0512 provides the priority for selection if more than one argument is submitted for, or against, any measure.
An argument shall not be accepted unless accompanied by the name or names of the person or persons submitting it, or if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal officers. No more than five signatures shall appear with any argument submitted. In case any argument is signed by more than five persons, the signatures of the first five shall be printed.
Arguments may be changed or withdrawn by their proponents until and including the date fixed by the City Clerk.
Arguments shall be submitted to the City Clerk at the Office of the City Clerk, City Administration Building, 202 C Street, San Diego, California, 92101. Please call 619-533-4000 for further assistance.
Item 353: Examination of Ballot Materials.
Pursuant to San Diego Municipal Code Section 27.0403, candidate statements, the propositions and related ballot materials for said candidate races and propositions, to be submitted to the voters within the City of San Diego at the election of November 8, 2022, will be available for public examination for ten (10) calendar days commencing on the business day following the deadline for filing those ballot materials in the Office of the City Clerk. During the examination period, any voter registered in the City may seek a writ of mandate or an injunction requiring any or all of the ballot or sample ballot materials be amended or deleted. Please note the following examination periods:
Document Start date End date
Tuesday, July 26, 2022
Candidate Statements
of Qualification and Designations
of Principal Profession or Occupation August 2, 2022 August 12, 2022 Ordinances calling election and Ordinances
placing measures on the ballot August 12, 2022 August 22, 2022 City Attorney’s impartial analysis, ballot
title and summary, and Mayor/IBA/City
Auditor’s fiscal analysis
August 16, 2022 August 26, 2022
Ballot arguments August 19, 2022 August 29, 2022
For additional information regarding this matter, please contact the Office of the City Clerk at (619) 533-4000.
Item 354: Approval of the Final Map “The Boulevard”
Notice is hereby given that the City Land Surveyor has reviewed and will approve on the date of this City Council meeting that certain Final Map entitled “The Boulevard” (Resolution No. HO7258 and Tentative Map No. 2316360/PTS No. 624557) located at 4253 Mission Boulevard in the CV-1-2 Zone, the Coastal Overlay zone (Non Appealable), the Coastal Height Limitation Overlay zone, the Parking Impact Overlay zone (PIOZ-Beach-Impact & PIOZ-Coastal-Impact), the Residential Tandem Overlay zone, the Transit Area Overlay zone, within the Pacific Beach Local Coastal Program and Community Plan Area. The property is legally described as Lots 7 through 10 inclusive in Block 262 of Pacific Beach, Map No. 697 and 854, recorded January 8, 1892 and September 28, 1898; respectively, together with that portion of the Railroad Right-ofWay lying within Pueblo Lot 1793 of Pueblo Lands of San Diego, according to Miscellaneous Map No. 36 which adjoins said lots on the west, Except that portion lying westerly of the easterly line of Mission Boulevard as shown on said Map No. 854, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Land Surveyor has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Land Surveyor to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Land Surveyor was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Fred LePage (619) 446-5434.
Tuesday, July 26, 2022
NON-AGENDA ITEM
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT