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
Monday, August 01, 2022
AGENDA FOR THE
SPECIAL COUNCIL MEETING OF
MONDAY, AUGUST 01, 2022, AT 10:00 AM
CITY ADMINISTRATION BUILDING
COUNCIL CHAMBERS – 12TH FLOOR
Monday, August 01, 2022
Page: 2
202 “C” STREET
SAN DIEGO, CA 92101
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.
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
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 Monday, August 01, 2022
Page: 3
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 meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.
Monday, August 01, 2022
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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。
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
Monday, August 01, 2022
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ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
ROLL CALL
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
ADOPTION AGENDA, DISCUSSION ITEMS
Monday, August 01, 2022
Page: 6
INFORMATIONAL ITEMS
Item 609: Update on the First 90 Days of the Office of Child and Youth Success. (Added 7/29/22)
Total Estimated Cost of Proposed Action and Funding Source:
This item is informational only.
Council District(s) Affected: Citywide.
Proposed Actions: N/A
Committee Actions Taken: N/A
Office of Child and Youth Success: Andrea O'Hara, (858) 232-6579 City Attorney Contact:
ADOPTION AGENDA
Item 600: Contractor Transparency Amendment to the Municipal Code.
Total Estimated Cost of Proposed Action and Funding Source:
None. Costs associated with implementation of this ordinance would be covered by project applicants.
Council District(s) Affected: Citywide.
Proposed Actions:
The Contractor Transparency Amendment amends the Municipal Code to require construction permit applicants to use licensed contractors and subcontractors and provide the City information on their contractors and subcontractors including license and certification information in certain development activities.
(O-2023-19)
Introduction of an Ordinance amending Chapter 12, Article 9, Division 1 of the San Diego Municipal Code by adding Section 129.0121, relating to contractor transparency.
Committee Actions Taken:
DISCUSSION, ORDINANCES TO BE INTRODUCED:
Monday, August 01, 2022
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This item was heard at the Land Use and Housing Committee meeting on June 16, 2022.
ACTION: Motion by Committee Member Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions and to request that the Mayor's Office continue to meet with stakeholders prior to the ordinance being docketed for City Council consideration.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.
Office of the Mayor: Jessica Lawrence, (619) 236-7156
City Attorney Contact: Shannon Eckmeyer
Item 601: Amendments to the San Diego Municipal Code Related to the Selection and Evaluation of the President and Chief Executive Officer of the San Diego Housing Commission and Executive Director of the Housing Authority
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-18)
Introduction of an Ordinance amending Chapter 9, Article 8, Division 3 of the San Diego Municipal Code by amending Section 98.0301, relating to the Executive Director of the Housing Authority of the City of San Diego and the San Diego Housing Commission President and Chief Executive Officer and clarifying changes.
Committee Actions Taken:
This item was heard at the Committee on San Diego Housing Commission Oversight and Reform on May 23, 2022.
ACTION: Motion by Committee Member LaCava, second by Vice Chair Cate, to request the Office of the City Attorney to work with Councilmember Whitburn’s Office to bring amendments to the San Diego Municipal Code for City Council consideration that would:
• formalize a joint housing authority and board of commissioners performance and salary review process for the Housing Commission President and Chief Executive Officer,
• clarify the Chief Executive Officer of the San Diego Housing Commission serves as the executive director of the San Diego Housing Authority.
VOTE: 3-1; Whitburn-yea, Cate-yea, LaCava-yea, Wilpert-nay.
Monday, August 01, 2022
Page: 8
Council District 3: Jacob O'Neill, (619) 236-6633
City Attorney Contact: Heather Ferbert
Item 610: Authorization to Amend a Contract With JCI Jones Chemicals, Inc. (BID 10089076-17-V) to Purchase Liquid Chlorine for the City’s Water Treatment Plants, Public Utilities Department. (Added 7/29/22) Total Estimated Cost of Proposed Action and Funding Source:
The total amount not-to-exceed for these amendments is $5,700,000, which will be funded by the Water Utility Operating Fund (700011).
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-24)
Introduction of an Ordinance ratifying the First Amendment and authorizing the Mayor, or his designee, to negotiate and sign a Second Amendment to the Agreement with JCI Jones Chemicals, Inc. for price increases related to the costs of raw materials in an amount not-to-exceed $5,700,000, in connection with the purchase of Liquid Chlorine.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Public Utilities: Drew Kleis, (619) 527-7434
City Attorney Contact: Melissa Ables
Item 611: Authorization for a Second Amendment to the Contract With US Peroxide, LLC (USP Technologies) (Bid No. 10031657-13-C) to Provide the Peroxide Regenerated Iron Sulfide Control (PRI-SC™) and Peroxide Regenerated Iron Chemically Enhanced Primary Treatment Program (PRI-CEPT™). (Added 7/29/22)
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this Second Amendment to the agreement will increase the cost by $24,965,800, for a total contract amount of $92,972,976. Funds will come from the Metro Sewer Utility Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-23)
Introduction of an Ordinance authorizing the Mayor, or his designee, to negotiate and sign a Second Amendment to the Agreement with U.S. Peroxide, LLC for price increases related to the costs of fuel and raw materials in an additional amount not-to-exceed $24,956,800, and extend the term of the Monday, August 01, 2022
Page: 9
Agreement for an additional one year, in connection with the purchase of the Peroxide Regenerated Iron Sulfide Control and Peroxide Regenerated Iron Chemically Enhanced Primary Treatment Program.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Melissa Ables
Monday, August 01, 2022
Page: 10
ADOPTION AGENDA
Item 602: Proposed FY 2023 Statement of Budgetary Principles.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-1)
Resolution adopting the Statement of Budgetary Principles setting forth the roles and duties of the Mayor and City Council with respect to the City's Fiscal Year 2023 Budget.
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 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.
Office of the Independent Budget Analyst: Jillian Kissee, (619) 236-6457 City Attorney Contact: Bret A. Bartolotta
Item 603: Approval of First Amendment to Agreement with Quinn Emanuel Urquhart & Sullivan to Provide Ongoing Legal Services Related to Litigation Matters Involving the 101 Ash Street and the Civic Center Plaza Property Transactions.
Total Estimated Cost of Proposed Action and Funding Source:
The First Amendment to the Legal Services Agreement with Quinn Emanuel Urquhart & Sullivan is for an increase of $500,000, for a total contract amount not-to-exceed $1,000,000. Funding will come from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-10)
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Monday, August 01, 2022
Page: 11
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Quinn Emanuel Urquhart & Sullivan for ongoing legal services to increase the contract amount by $500,000 for a total not-to-exceed contract amount of $1,000,000, in connection with litigation matters involving the 101 Ash Street and the Civic Center Plaza property transactions.
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Ken So
Item 607: Third Amendment to As-Needed Agreement With Meyers Nave Riback Silver & Wilson to Provide Continued Legal Services as Panel Outside Counsel. (Added 7/28/22)
Total Estimated Cost of Proposed Action and Funding Source:
The Third Amendment to the Agreement with the Law Firm is for an increase of $350,000, for a total contract amount not-to-exceed $1.2 million. Funding for this contract increase will come from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-66)
Resolution authorizing the Mayor, or his designee, to execute the Third Amendment to the As-Needed Agreement with Meyers Nave Riback Silver & Wilson to increase the not-to-exceed amount by $350,000 from $850,000 to $1.2 million to provide continued legal services as panel outside counsel.
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Ken So
Monday, August 01, 2022
Page: 12
Item 608: Authority to Approve Construction Change Orders (CCO) for K-21- 1807-DBB-3-A Morena Pump Station. (Added 7/28/22)
Total Estimated Cost of Proposed Action and Funding Source:
The costs are not-to-exceed $20,000,000.00, for the dewatering change condition for the Morena Pump Station, to be funded from the Capital Improvements Program (CIP), Pure Water Program, Metro Sewer CIP Fund.
Council District(s) Affected: 2, 7.
Proposed Actions:
(R-2023-61)
Resolution authorizing the Mayor, or his designee, to issue one or more change orders to the construction contract with Flatiron West, Inc. (K-21-1807-DBB-3- A) for the Morena Pump Station as necessary to address the dewatering changed condition for a total combined amount not-to-exceed $20,000,000.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on July 21, 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.
Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 City Attorney Contact: Adam Wander
Item 612: Authorization to Amend a Contract With JCI Jones Chemical (Bid No10089515-19-V) to Purchase Caustic Soda (50% Solution) for Water and Wastewater Facilities, Public Utilities Department. (Added 7/29/22)
Total Estimated Cost of Proposed Action and Funding Source:
Authorize a second amendment not-to-exceed $6,840,550, increasing the total contract to $16,226,164 over the years of the contract. Funds will be paid out of Sewer and Water Revenues.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-57)
Resolution ratifying the Second Amendment and authorizing the Mayor, or his designee, to negotiate and sign a Third Amendment to the Agreement with JCI Jones Chemicals, Inc. for price increases related to the costs of raw materials in Monday, August 01, 2022
Page: 13
an additional amount not-to-exceed $6,841,550, in connection with the purchase of caustic soda (50% solution).
Committee Actions Taken: N/A
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Melissa Ables
Item 613: Authorization to Amend Contract With JCI Jones Chemical (Bid No. 10089682-20-V) to Purchase Sodium Hypochlorite (12.5% Solution) for Wastewater Treatment Facilities, Public Utilities Department. (Added 7/29/22)
Total Estimated Cost of Proposed Action and Funding Source:
Authorize a second amendment not-to-exceed $24,991,700, increasing the total contract to $38,291,700 over the remaining five years of the contract. Funds will be paid out of Sewer Revenues.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-60)
Resolution ratifying the First Amendment and authorizing the Mayor, or his designee, to negotiate and sign a Second Amendment to the Agreement with JCI Jones Chemicals, Inc. for price increases related to costs of raw materials in an amount not-to-exceed $24,991,700, in connection with the purchase of sodium hypochlorite.
Committee Actions Taken: N/A
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Melissa Ables
Item 614: Authorization for a First Amendment to the Contract With Hill Brothers Chemical Co. (BID No. 10089621-20-V) to Purchase Ammonium Hydroxide for the Water Treatment Plants, Public Utilities Department. (Added 7/29/22)
Total Estimated Cost of Proposed Action and Funding Source:
Amendment to increase the contract amount $4,291,868, increasing the total contract not-to-exceed amount to $8,809,624, for the remaining duration of the contract. Funds are paid out of Water Revenue.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-59)
Monday, August 01, 2022
Page: 14
Resolution authorizing the Mayor, or his designee, to negotiate and sign a First Amendment to the Agreement with Hills Brothers Chemicals Co. for price increases related to the costs of raw materials in an additional amount not-toexceed $4,291,868, in connection with the purchase of ammonium hydroxide.
Committee Actions Taken: N/A
Public Utilities: Drew Kleis, (619) 527-7434
City Attorney Contact: Melissa Ables
Item 615: Authorization for a First Amendment to the Contract With Kemira Water Solutions (Bid No. 10089520-19-V) to Purchase Ferric Chloride for Water and Wastewater Treatment Plants, Public Utilities Department. (Added 7/29/22)
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this First Amendment to the agreement will increase the cost by $13,469,900, for a total contract amount of $37,757,961. Funds will come from the Metro Sewer Utility Fund and the Water Utility Operating Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-58)
Resolution authorizing the Mayor, or his designee, to negotiate and sign a First Amendment to the Agreement with Kemira Water Solutions, Inc. for price increases related to the costs of fuel and raw materials in an additional amount not-to-exceed $13,469,900, in connection with the purchase of ferric chloride.
Committee Actions Taken: N/A
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Melissa Ables
Item 616: Consideration of Nominees for Appointment to the Horton Plaza Theatres Foundation Board of Directors and Rescission of R-314209. (Added 7/29/22)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-69)
Rescinding Resolution R-314209, adopted on June 28, 2022, which appointed members to the Board of Directors of the Horton Plaza Theatres Foundation.
Monday, August 01, 2022
Page: 15
Subitem-B: (R-2023-68)
Resolution appointing members to the Board of Directors of the Horton Plaza Theatres Foundation.
Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Kathy Steinman
Monday, August 01, 2022
Page: 16
ADOPTION AGENDA
Item 604: Build Better (SD): General Plan Public Facilities Element Amendment, Land Development Code and Land Development Manual Amendments, Citywide Mobility, Fire, and Library Development Impact Fees, Regional Transportation Congestion Improvement Program Update, General Plan Maintenance Fund Applicability Revisions, and Annual DIF Report.
This item will be heard at 2:00 p.m. or shortly thereafter as noticed.
Total Estimated Cost of Proposed Action and Funding Source:
There are no fiscal impacts associated with this action to the General Fund.
Development Impact Fees (DIF) are expected to generally remain consistent, although a move to Citywide based fees will necessarily involve increases in some communities and decreases in other communities. Due to the less restricted nature of the DIF, it is anticipated that the fees will more readily translate into expenditures and investments in the communities with the more efficient delivery of infrastructure needed.
Council District(s) Affected: Citywide.
Proposed Actions:
Build Better San Diego (SD) is a citywide initiative to support San Diego’s infrastructure, equity, climate, housing, quality of life, and conservation goals.
Build Better SD will create a more effective and equitable funding system for public facilities such as libraries, streets, and pedestrian and bike facilities, and will prioritize public investments in areas with the greatest need. The proposed project includes amendments to the Public Facilities, Services and Safety Element of the City’s General Plan, the San Diego Municipal Code (SDMC) and the Land Development Manual (LDM) to implement Build Better SD. Build Better SD also includes Citywide development impact fees for mobility, fire, and library assets, an update to the City’s Regional Transportation Congestion Improvement Program, restoration of General Plan Maintenance Fees for Accessory Dwelling Units and associated amendments to the SDMC. Also being presented with Build Better SD is the 2021 Annual Development Impact Fee (DIF) Report, which is required pursuant to the Mitigation Fee Act. Collectively these actions are the Build Better SD Project.
Subitem-A: (R-2023-14)
Resolution Adopting the Addendum to Environmental Impact Report No. 104495/SCH No. 2006091032 and adopting the Mitigation, Monitoring, and Reporting Program for the Build Better SD Project.
Subitem-B: (R-2023-13)
DISCUSSION, NOTICED HEARINGS:
Monday, August 01, 2022
Page: 17
Resolution approving an Amendment to the General Plan Public Facilities, Services and Safety Element for the Build Better SD Project.
Subitem-C: (O-2023-6)
Introduction of an Ordinance amending:
Chapter 9, Article 8, Division 6 of the San Diego Municipal Code by amending Section 98.0610 relating to Housing Impact Fees.
Chapter 14, Article 2, Division 6 of the San Diego Municipal Code by amending Section 142.0640 relating to Development Impact Fees.
Subitem-D: (R-2023-15)
Resolution approving an Amendment to the Land Development Manual, amending Appendix M, Trip Generation Manual, and adding a new Appendix U, Development Impact Fee Program Manual for the Build Better SD Project.
Subitem-E: (R-2023-37)
Resolution approving an Amendment to the Regional Transportation Congestion Improvement Program for the Build Better SD Project.
Subitem-F: (R-2023-21)
Resolution approving an Amendment to Resolution-311730 to restore the General Plan Maintenance Fee for Accessory Dwelling Units for the Build Better SD Project.
Subitem-G: (R-2023-18 Cor. Copy) (Rev. 7/28/22)
Resolution Adopting a new Citywide Fire-Rescue Development Impact Fee to replace the existing Fire-Rescue component of Community Planning Area-based Development Impact Fees, including a five percent administrative fee and authorizing expenditure of up to $500,000 in Citywide Fire-Rescue Development Impact for the Build Better SD Project.
Subitem-H: (R-2023-17 Cor. Copy) (Rev. 7/28/22)
Resolution Adopting a new Citywide Library Development Impact Fee to replace the existing library component of Community Planning Area-based Development Impact Fees, including a five percent administrative fee and authorizing expenditure of up to $500,000 in Citywide Library Development Impact Fees for the Build Better SD Project.
Subitem-I: (R-2023-16 Cor. Copy) (Rev. 7/28/22)
Resolution Adopting a new Citywide Mobility Development Impact Fee to replace the existing transportation component of Community Planning Areabased Development Impact Fees, including a five percent administrative fee, as Monday, August 01, 2022
Page: 18
well as modified Mobility Development Impact Fees for the Otay Mesa Community and authorizing expenditure of up to $500,000 in Citywide Mobility Development Impact Fees and to authorize the expenditure of up to $500,000 in Citywide Park Development Impact Fees for the Build Better SD Project.
Subitem-J: (R-2023-22)
Resolution approving the Development Impact Fees Annual Report – Fiscal Year 2021 and make findings related to unexpended balances as required in California Government Code section 66001, including the allocation of nominal fund balances for other identified projects that serve the projects on which the fees were originally imposed for the Build Better SD Project.
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 Chair von Wilpert, to move the item forward without recommendation with the request to the Mayor’s office and Planning Department staff work with each Council District to review the community projects being removed from DIF eligibility in the proposal and determine if any of the projects need to be added back into the eligible projects list.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppeyea.
Planning: Sameera Rao, (619) 445-5346
City Attorney Contact: Shannon Eckmeyer
Item 605: North Park Maintenance Assessment District Formation Overseen by the Economic Development Department.
This item will be heard at 2:00 p.m. or shortly thereafter as noticed.
Total Estimated Cost of Proposed Action and Funding Source:
If approved by property owners, $479,587.86 will be assessed to 604 parcels in FY23. Non-assessment funds provided by the City, as described in the District Management Plan, are estimated at $22,130.78 for the initial year, for a total of district budget of approximately $501,718.64. The City owns six (6) assessable parcels, resulting in an annual General Fund impact of $13,620.80. The City will receive $3,500 to cover costs associated with City administration.
Council District(s) Affected: 3.
Proposed Actions:
(R-2022-563)
Monday, August 01, 2022
Page: 19
Resolution considering the protests, approving the assessment formula, and authorizing the levy and collection of assessment for the North Park Special Enhancement District (MAD) for the life of the district.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on May 18, 2022.
ACTION: Motion by Vice Chair Cate, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-not present.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
Item 606: Peregrine Energy Storage Facility Project No. 680811.
This item will be heard at 2:00 p.m. or shortly thereafter as noticed.
Total Estimated Cost of Proposed Action and Funding Source:
Private development project - all costs associated with the proposed action are funded through a trust account paid for by the applicant.
Council District(s) Affected: 8.
Proposed Actions:
Ordinance approving a Coastal Development Permit and Site Development Permit, amending the 30 day removal requirement for encroachments into the pubic right-of-way, and waiving Planning Commission review for a project to demolish existing structures on site for the construction of a Battery Energy Storage System facility with associated site improvements and undergrounding of transmission lines within the public right-of-way.
(O-2023-17)
Introduction of an Ordinance approving Coastal Development Permit No. 2529205 and Site Development Permit No. 2601553, amending the 30 day removal requirement in Chapter 12, Article 9, Division 7 of the San Diego Municipal Code for an Encroachment Maintenance and Removal Agreement and waiving the requirement of a Planning Commission hearing and recommendation.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Monday, August 01, 2022
Page: 20
Development Services: Catherine Rom, (619) 446-5277
City Attorney Contact: Lauren Hendrickson
Monday, August 01, 2022
Page: 21
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 is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. Non-Agenda Public Comment is taken toward the end of the Monday afternoon Council Session.
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT