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, September 13, 2022
Tuesday, September 13, 2022
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, SEPTEMBER 13, 2022, AT 10:00 AM
CITY ADMINISTRATION BUILDING
12TH FLOOR, 202 “C” STREET SAN DIEGO, CA 92101
CITY COUNCIL MEETING
Effective April 11, 2022, Council Chambers is open for in-person testimony.
COVID- 19 PUBLIC SERVICE ANNOUNCEMENT REGARDING COUNCIL MEETING ACCESS AND PUBLIC COMMENT:
Until further notice, City Council meetings will be conducted pursuant to the provisions of California Government Code section 54953(e), added by Assembly Bill 361, which allows the City to use teleconferencing and to provide the public an opportunity to address the City Council via a call-in option or an internet-based service option, during a proclaimed state of emergency.
Additionally, the Council has approved Temporary Rules as amended on April 5, 2022 to be used until further notice.
For the meetings of Monday, September 12,2022 and Tuesday, September 13, 2022 all City Councilmembers will be participating in the City Council meetings in person. 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.
Tuesday, September 13, 2022
Members of the public who wish to provide virtual testimony must enter the virtual queue by raising their hand before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.
Joining the Webinar and Offering Phone-in Testimony
The City Council meetings will continue to be held virtually using the Zoom Webinar platform.
Members of the public can offer public comment on agendized items or during Non-Agenda Public Comment by accessing the meeting online using a desktop computer, laptop, tablet, or Smartphone, or by calling into the meeting using a Smartphone, cellular phone, or land line.
Please click the link below to join the webinar:
https://sandiego.zoomgov.com/j/1611703951 (Rev. 9/9/22) To join by telephone: Dial 1-669-254 5252 + (Rev. 9/9/22) When prompted, input Webinar ID: 161 170 3951 (Rev. 9/9/22) Comment on Agenda Items, Non-Agenda Public Comment, and Closed Session Public Comment may be submitted using the webform indicating the comment type and item number (if relevant) for which you wish to submit your comment. Comments received by 8:00 AM the day of the meeting will be distributed to the City Council and posted online with the meeting materials. All webform comments are limited to 500 words but may include attachments. Comments received after 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.
Quasi-Judicial Items. Organized group presentations for quasi-judicial items will be allowed up to 15 minutes per side to speak either for or against an item for a total of 30 minutes. If more than one group on the same side requests an organized presentation, the 15 minutes will be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.
Written Materials. Instead of submitting written materials as an attachment to the webform you may submit via U.S. Mail to the City Clerk’s attention at 202 C Street, MS2A San Diego, CA 92101. Materials submitted via U.S. Mail must be received one business day prior to the meeting to be distributed to the City Council. Comments received via U.S. Mail on the day of the meeting will be submitted into the written record for the relevant item.
The public may view the meetings on public television (within the City of San Diego only) on City TV Channel 24 for Cox Communications and Spectrum or Channel 99 for AT&T U-Verse, or view the meetings online (link is external)
Tuesday, September 13, 2022
SENATE BILL 343 (LATE-ARRIVING MATERIALS)
Pursuant to California Senate Bill 343 (Section 54957.5(b) of the Brown Act), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Council Chambers in the lobby of the 12th floor of the City Administration Building in a binder labeled “SB 343.” Late-arriving materials received during the City Council meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.
REQUESTS FOR ACCESSIBILITY MODIFICATIONS OR ACCOMMODATIONS As required by the Americans with Disabilities Act (ADA), requests for agenda information to be made available in alternative formats, and any requests for disability-related modifications or accommodations required to facilitate meeting participation, including requests for alternatives to observing meetings and offering public comment as noted above, may be made by contacting the City Clerk at (619) 533-4000 or mailto:[email protected]. The City is committed to resolving accessibility requests swiftly in order to maximize accessibility.
Requests for translation services to offer public comment may be made by contacting the City Clerk at (619) 533-4000 or email to: [email protected] . The City is committed to addressing language translation requests swiftly in order to maximize public participation.
Las solicitudes de servicios de traducción para ofrecer comentarios públicos se deberán hacer poniéndose en contacto con la City Clerk al (619) 533-4000 o por correo electrónico a:[email protected]. La ciudad se compromete a responder rápidamente a las solicitudes de traducción de idiomas con el fin de maximizar la participación del público.
Upang kayo ay matulungan na maisalin sa wikang Ingles ang inyong mga puna, mungkahi, o komento para sa Bayan ng San Diego, maaari pong makipag-ugnayan sa City Clerk sa telepono (619-533-4000) o email ([email protected]). Hangad ng Pamahalaang Bayan ng San Diego ang inyong pakikilahok sa usapang pambayan at handa itong magbigay ng agarang tulong na kinakailangan sa pagsasaling-wika ng inyong mga komento.
Cần dịch vụ thông dịch để phát biểu ý kiến trước công chúng, xin hãy liên hệ với City Clerk (Thư Ký Thành Phố) theo số (619) 533-4000 hoặc email đến [email protected]. Thành phố cam kết sẽ giải quyết các yêu cầu thông dịch một cách nhanh chóng để gia tăng sự tham dự của công chúng.
يمكن تقديم طلبات خدمات الترجمة لتقديم تعليقات عامة عن طريق الاتصال بكاتب المدينة على (619) 533-4000 أو mailto: [email protected] بمعالجة المدينة تلتزم طلبات الترجمة اللغوية بسرعة من أجل زيادة المشاركة العامة Tuesday, September 13, 2022
パブリックコメントを要求するための翻訳サービス依頼は、市の書記（電話：619-533-4000ま
たはメール：mailto:[email protected]）に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-4000 또는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다.
為了鼓勵更多市民參與 '公眾意見'， 市政府設定了快捷的中文翻譯服務。 如
你有任何關於 '公開意見' 想發表， 請致電: (619) 533-4000， 或電郵
[email protected] 我們會為你翻譯。
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
Tuesday, September 13, 2022
NOTICE: THE CITY COUNCIL MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY STAFF DO NOT LIMIT ACTIONS THAT THE CITY COUNCIL MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE
RECOMMENDATIONS OF STAFF AS DETERMINATIVE OF THE ACTION THE CITY COUNCIL MAY TAKE ON A PARTICULAR MATTER.
PLEASE NOTE: THE PUBLIC PORTION OF THIS AGENDA, LISTED BELOW INCLUDING NONAGENDA PUBLIC COMMENT AND CLOSED SESSION PUBLIC COMMENT IS TAKEN DURING THE 10 AM MORNING PORTION OF THE AGENDA. THE COUNCIL ADJOURNS INTO CLOSED SESSION AT APPROXIMATELY 11 AM AND RESUMES THE PUBLIC PORTION OF THE MEETING AT 2 PM.
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF COUNCIL MINUTES
7/11/2022
7/12/2022
7/18/2022
7/19/2022
7/25/2022 Adjourned
7/25/2022 Special
7/26/2022
8/1/2022 Special
Tuesday, September 13, 2022
8/2/2022
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 50: Award a Consultant Agreement, Contract # H2125936, to Stantec Consulting Services Inc. to Provide Professional Design Services for the Replacement of the Rancho Bernardo Industrial (RBI) Pump Station Project.
Total Estimated Cost of Proposed Action and Funding Source:
The total estimated cost for this action is $2,251,320.00, Funding source: Water Utility CIP.
Council District(s) Affected: 5.
Proposed Actions:
(O-2023-27)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a seven-year agreement with Stantec Consulting Services Inc. for design and construction support services in CIP S-21004, Rancho Bernardo Industrial Pump Station Replacement, in an amount not-to-exceed $2,251,320, and related actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on July 20, 2022.
ACTION: Motion by Councilmember Campbell, second by Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbellyea.
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, September 13, 2022
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
Item 51: Request to Exempt One (1) Program Manager Position in the Department of General Services, Fleet Operations Division from Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
This position is budgeted in the Fleet Operation Operating fund. Expenses will be be split 50% Fleet Operations and 50% Sustainability and Mobility.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-30)
Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City's General Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on March 3, 2022. This Program Manager position will be responsible for overseeing the implementation of the new Zero Emission Vehicles and Electric Charging infrastructure programs. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Department of General Services: Donny Nguyen, (619) 527-7594 City Attorney Contact: Miguel Merrell
Item 52: First Amendment to As-Needed Contract H176852 with Kitchell CEM for Construction Management Services.
Total Estimated Cost of Proposed Action and Funding Source:
This item requests authorization to execute a First Amendment to the Agreement with Kitchell CEM to increase the not-to-exceed compensation amount by $3,000,000, and extend the contract term by 2 years.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-36)
Introduction of an Ordinance approving a First Amendment to Agreement with Kitchell CEM for construction management services associated with execution of the Municipal Energy Strategy.
Tuesday, September 13, 2022
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on July 21, 2022.
ACTION: Motion by Committee Member Campillo, second by Vice Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Sustainability and Mobility: Lindsey Hawes, (805) 705-4732 City Attorney Contact: Frederick Ortlieb
Item 53: First Amendment to As-Needed Agreement with Raftelis Financial Consultants, Inc. for Various Water, Wastewater and Recycled Water Services Including Cost of Service Studies (10084319-17-H).
Total Estimated Cost of Proposed Action and Funding Source:
This amendment will increase the value by $150,000 for a not-to-exceed amount of $1,131,382.00, over the full term of the agreement. Funds will be allocated on an as-needed basis from the Water and Sewer funds.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-145)
Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into the First Amendment to the As-Needed Agreement with Raftelis Financial Consultants in an amount not-to-exceed $150,000, increasing the total amount of the Agreement to $1,131,382.00 and extending the term by one year, to July 24, 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 Committee Member Montgomery Steppe, second by Vice Chair Elo-Rivera, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Tuesday, September 13, 2022
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Ray Palmucci
ADOPTION AGENDA
Item 54: 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:
Adopt the following Ordinance which was introduced on 8/1/2022, Item 600 (Council voted 8-1, Councilmember Cate-nay):
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)
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:
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
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, September 13, 2022
Item 55: 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:
Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 8/1/2022, Item 601 (Council voted 9-0) (Rev. 9/9/22)
(O-2023-18 Rev.)
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.
Council District 3: Jacob O'Neill, (619) 236-6633
City Attorney Contact: Heather Ferbert
Item 56: 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 Tuesday, September 13, 2022
Transportation Congestion Improvement Program Update, General Plan Maintenance Fund Applicability Revisions, and Annual DIF Report.
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:
Adopt the following Ordinance which was introduced on 8/1/2022, Item 604, Subitem C (Council voted 8-1, Councilmember Cate-nay):
(O-2023-6)
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.
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 57: Peregrine Energy Storage Facility Project No. 680811.
Tuesday, September 13, 2022
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:
Adopt the following Ordinance which was introduced on 8/1/2022, Item 606 (Council voted 9-0):
Ordinance approving a Coastal Development Permit and Site Development Permit, amending the 30 day removal requirement for encroachments into the public 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)
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
Development Services: Catherine Rom, (619) 446-5277
City Attorney Contact: Lauren Hendrickson
Item 58: Exemption of One Program Coordinator Position in the Office of Child and Youth Success From the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
This position is included in the FY 2023 Proposed Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 8/2/2022, Item 51 (Council voted 8-0, Councilmember Cate-not present):
Tuesday, September 13, 2022
(O-2023-16)
Ordinance authorizing the exemption of one Program Coordinator position in the City's Office of Child and Youth Success from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 7, 2022. This Program Coordinator position will be responsible for organizing, supporting, and facilitating childcare services throughout the City of San Diego. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Office of Child and Youth Success: Andrea O'Hara, (858) 232-6579 City Attorney Contact: Miguel Merrell
Item 59: Third Amendment to Vendor Agreement No. 4500023939 Between the City of San Diego and Ventiv Technology Inc.
Total Estimated Cost of Proposed Action and Funding Source:
The Third Amendment will allow the City to purchase up to an additional 30 user software licenses at a one-time cost of $5,000.00 per license with an annual fee of $1,125.00 per license with a 3% annual increase per period beginning with option year two for an increase of $291,197.41 for the five-year period, funded by the Risk Management Administration Fund. This increases the total not-toexceed amount for the Agreement to $1,356,561.49 over the five-year term of the Agreement.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 8/2/2022, Item 52 (Council voted 8-0, Councilmeber Cate-not present):
(O-2023-15)
Ordinance authorizing execution of the Third Amendment to Vendor Agreement No. 4500023939 between the City of San Diego and Ventiv Technology, Inc. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget & Government Efficiency Committee meeting on July 13, 2022.
Tuesday, September 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.
Risk Management: David Heller, (619) 236-6754
City Attorney Contact: Joan F. Dawson
Item 60: Extension of the Lexis Nexis Contract and Approval of Amendment No. 3.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to extend the existing contract with Lexis Nexis for one year, through December 31, 2023 and increase the not-to-exceed (NTE) amount by $100,000.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 8/2/2022, Item 53 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-2)
Ordinance authorizing Amendment No. 3 to an Agreement for Services with LexisNexis Risk Solutions Fl, Inc.
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.
Office of the City Treasurer: Jonathan Carey, (619) 533-3610 City Attorney Contact: Bret A. Bartolotta
Item 61: First Amendment to the Consulting Agreement With Miki Iwasaki for the Children's Park Public Art Project (H176928).
Total Estimated Cost of Proposed Action and Funding Source:
Amendment is no cost; funding source for the project is Developer Impact Fees.
Tuesday, September 13, 2022
Council District(s) Affected: 3.
Proposed Actions:
Adopt the following Ordinance which was introduced on 8/2/2022, Item 54 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-7)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Agreement with Miki Iwasaki, extending the Agreement through March 31, 2023, in connection with the Children's Park Public Art project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on July 13, 2022.
Motion by Committee Member Campbell, second by Chair Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Jon D. Dwyer
Item 62: First Amendment to the Consulting Agreement with Janelle Iglesias for the Pacific Highlands Ranch Branch Library Public Art Project (H187020).
Total Estimated Cost of Proposed Action and Funding Source:
This amendment will extend the contract duration only and does not have associated fiscal impacts.
Council District(s) Affected: 1.
Proposed Actions:
Adopt the following Ordinance which was introduced on 8/2/2022, Item 55 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-8)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Agreement with Janelle Iglesias, extending the Agreement through Tuesday, September 13, 2022
December 31, 2024, in connection with the Pacific Highlands Ranch Branch Library Project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on July 13, 2022.
ACTION: Motion by Committee Member Campbell, second by Chair Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Jon D. Dwyer
Item 63: Climate Action Plan Update Package Municipal Code, Land Development Manual, and Local Coastal Program Amendments (CAP Consistency Regulations).
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:
Adopt the following Ordinance which was introduced on 8/2/2022, Item 331, Subitem C (Council voted 8-0, Councilmember Cate-not present):
(O-2023-4)
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:
Tuesday, September 13, 2022
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 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
Item 64: Second Amendment to the Salesforce Software and Services Agreement Between the City of San Diego and Carahsoft Technology Corporation.
Total Estimated Cost of Proposed Action and Funding Source:
General and Enterprise Fund departments purchase Salesforce licenses for applications such as Get It Done, which run on the Salesforce platform. License costs are allocated based on department usage. These funds are collected by the Department of Information Technology in Fund 200308. Departments have budgeted for this expense in Fiscal Year 2023. FY 2023 costs are projected to be $574,650.52. This amendment will increase the contract by $5,700,000 for a total not-to-exceed amount of $8,500,000.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 8/2/2022, Item S506 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-22)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No.
Two to the Salesforce Software and Services Agreement with Carahsoft Technology Corporation, to extend the Agreement term by seven (7) years through November 2, 2029, and increase the not-to-exceed amount by $5,700,000, for the continuation of Salesforce license and subscription services and the expansion of the platform to allow City departments to purchase Salesforce licenses under this Agreement, bringing the Agreement to a total not-to-exceed amount of $8,500,000.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on July 27, 2022.
Tuesday, September 13, 2022
ACTION: Motion by Committee Member Cate, second by Committee Member Whitburn, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Elo-Rivera-yea, Whitburn-yea, Cate-yea, Campillo-yea, LaCava-not present.
Performance & Analytics: Kirby Brady, (619) 236-5587
City Attorney Contact: Markecia Simmons
Item 65: Exemption of Two Program Coordinator Positions in the Risk Management Department From the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The positions are included in the Fiscal Year 2023 Proposed Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 8/2/2022, Item S507 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-26)
Ordinance authorizing the exemption of two Program Coordinator positions in the City's Risk Management Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 7, 2022. These positions will support the new Loss Control Division, formulate Citywide mitigation strategies, develop policies for internal controls, and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Miguel Merrell
Item 66: 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.
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.
Tuesday, September 13, 2022
Proposed Actions:
Adopt the following Ordinance which was introduced on 8/2/2022, Item S510 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-24)
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 67: 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™).
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:
Adopt the following Ordinance which was introduced on 8/2/2022, Item S511 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-23)
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 Agreement for an additional one year, in connection with the purchase of the Peroxide Tuesday, September 13, 2022
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
Item 68: Development Agreement for Bosa Development California II, Inc. Site at the Northeast Corner of Pacific Highway and Broadway.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/26/2022, Item 333 (Council voted 8-1 Councilmember Moreno-nay) (Rev. 9/12/22) 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)
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
Tuesday, September 13, 2022
Item 69: Exemption of One Program Manager Position in the Office of the City Attorney From the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
This position is included in the Fiscal Year 2023 Adopted Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 8/2/2022, Item 50 (Council voted 8-0, Councilmember Cate-not present):
(O-2023-12)
Ordinance authorizing the exemption of one Program Manager position in the Office of the City Attorney from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 7, 2022. This Program Manager position will develop policies to support and expand the Criminal Division's Conservatorship and Treatment Unit using legislated options to include court ordered conservatorships. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Miguel Merrell
ADOPTION AGENDA
Item 70: San Diego Municipal Code Updates to Elections Code Specific to Publishing Requirements for Initiative and Recall Petitions; Updates to the City Clerk Administrative Guidelines.
Total Estimated Cost of Proposed Action and Funding Source: N/A.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2023-25)
Introduction of an Ordinance amending Chapter 2, Article 7, Division 10 of the San Diego Municipal Code by amending Section 27.1002, and amending Chapter 2, Article 7, Division 27 of the San Diego Municipal Code by amending CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, September 13, 2022
Sections 27.2706, 27.2707, and 27.2709, relating to the publication requirements for initiative and recall petitions and updating the language. (Rev. 9/12/22) Subitem-B: (R-2023-71)
Resolution amending the City of San Diego City Clerk Administrative Guidelines.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on July 27, 2022.
ACTION: Motion by Committee Member Cate, second by Committee Member Whitburn, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Elo-Rivera-yea, Whitburn-yea, Cate-yea, Campillo-yea, LaCava-not present.
Office of the City Clerk: Elizabeth Maland, (619) 533-4081 City Attorney Contact: Hilda R. Mendoza
Item 71: Time Extension of Construction Contract (K-17-1456-DBB-3) Pump Station 2 Power Reliability & Surge Protection Project with Steve P. Rados, Inc.
Total Estimated Cost of Proposed Action and Funding Source:
This is for a time extension only; there are no additional costs associated with this action.
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2023-95)
Resolution determining that the time extension of construction contract K-17- 1456-DBB-3 for the Pump Station 2 Power Reliability & Surge Protection Project with Steve P. Rados, Inc. is categorically exempt from the California Environmental Quality Act, pursuant to state CEQA Guidelines Section 15301(b) and section 15303.
Subitem-B: (O-2023-32)
Introduction of an Ordinance authorizing the obligations of construction contract K-17-1456-DBB-3 for the Pump Station 2 Power Reliability & Surge Protection Project with Steve P. Rados, Inc. to extend beyond five years. (Rev. 9/12/22)
6 votes required pursuant to Charter Section 99.
Tuesday, September 13, 2022
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on July 20, 2022.
ACTION: Motion by Vice Chair LaCava, second by Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbellyea.
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
Item 72: California Natural Resources Agency Grant for Normal Street Promenade.
Total Estimated Cost of Proposed Action and Funding Source:
This action is for acceptance of grant funding. The $1,200,000 in grant funds received will support pedestrian, public space, and storm water facility improvements to the Normal Street Promenade.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-96)
Resolution determining that the approval to apply for, accept, appropriate, and expend grant funding in an amount not-to-exceed $1.2 million from the California Natural Resources Agency for the Normal Street Promenade is categorically exempt from the California Environmental Quality Act under CEQA Guidelines section 15301(c).
Subitem-B: (O-2023-34)
Introduction of an Ordinance authorizing the Mayor, or his designee, to apply for, accept, appropriate, and expend grant funding in an amount not-to-exceed $1.2 million from the California Natural Resources Agency for improvements to the Normal Street Promenade, contingent upon receipt of a fully executed Grant Agreement if the grant funding is secured. (Rev. 9/12/22) 6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Tuesday, September 13, 2022
Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Cassandra Mougin
Item 73: Amendment to the Municipal Code to Declare Unsecure Structures a Public Nuisance and Authorize Fire-Rescue and Police Department to Abate Unsecure Structures Under Certain Conditions.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-90)
Resolution determining that approval of an Ordinance amending the San Diego Municipal Code to authorize summary abatement of unsecured structures is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to section 15269(c) of the CEQA Guidelines; and categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301; and that an exception to the exemption as set forth in CEQA Guidelines section 15300.2 does not apply.
Subitem-B: (O-2023-29)
Introduction of an Ordinance amending Chapter 1, Article 2, Division 5 of the San Diego Municipal Code by amending sections 12.0501, 12.0502, 12.0503; amending Chapter 3, Article 3, Division 37 by amending sections 33.3702 and
33.3708; and amending Chapter 5, Article 4 by adding Division 12, relating to summary abatement of unsecured structures. (Rev. 9/12/22) Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on July 20, 2022.
ACTION: Motion by Vice Chair Moreno, second by Committee Member von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, von Wilpert-yea, Campilloyea.
Police: Kevin Wadhams, (619) 531-2330
City Attorney Contact: Michelle Garland
Tuesday, September 13, 2022
ADOPTION AGENDA
Item 100: Resolution in Support of the Afghanistan Adjustment Act. (H.R. 8685 and S. 4787).
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-104)
Resolution supporting United States House of Representatives Bill 8685 and United States Senate Bill 4787, the Afghan Adjustment Act.
Committee Actions Taken: N/A
Council District 7: Justine Murray, (619) 236-6677
City Attorney Contact: Justin Bargar
Item 101: Award Contract to Southwest Pipeline & Trenchless Corporation for AsNeeded Cured-in-Place Pipe (CIPP) Lining - (RFP 10089822-22-J).
Total Estimated Cost of Proposed Action and Funding Source:
The total cost of retaining Southwest Pipeline & Trenchless Corporation for AsNeeded Cured-in-Place Pipe (CIPP) Lining over a five-year term shall not exceed $3,791,250, payable from the Muni Sewer Revenue fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-55)
Resolution of the City Council determining that approval of the As-Needed Agreement with Southwest Pipeline and Trenchless Corp. is categorically exempt from CEQA under CEQA Guidelines sections 15301(b) (Existing Facilities) and 15302(c) (Reconstruction).
Subitem-B: (R-2023-56)
Resolution authorizing the Mayor, or his designee, to enter into the As-Needed Agreement with Southwest Pipeline and Trenchless Corp., in an amount not-toexceed $3,791,250 to provide Cured-in-Place pipelines for the City for five years.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, September 13, 2022
Committee Actions Taken:
This item was heard at the Environment Committee meeting on July 21, 2022.
ACTION: Motion by Committee Member Campillo, 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: Margaret Llagas, (858) 654-4494
City Attorney Contact: Ray Palmucci
Item 102: Award Contract to ADS Corp. for Wastewater Flow Monitoring Equipment, Software and Services - (RFP 10089830-22-J).
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $9,041,042 for a term of five (5) years. The agreement will be funded by the Muni Sewer Revenue Fund and the Metro Sewer Utility Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-92)
Resolution of the City Council determining that approval of the Five-Year Agreement with ADS Corporation for Wastewater Flow Monitoring Equipment, Software and Services (RFP 10089830-22-J) is categorically exempt from CEQA under CEQA Guidelines sections 15301 (Existing Facilities) and 15306 (Information Collection).
Subitem-B: (R-2023-91)
Resolution authorizing the Mayor, or his designee, to sign the Agreement with ADS Corporation, in an amount not-to-exceed $9,041,042 over five years, to provide Wastewater Flow Monitoring Equipment, Software and Services (RFP 10089830-22-J).
Committee Actions Taken:
This item was heard at the Environment Committee meeting on July 21, 2022.
ACTION: Motion by Committee Member Campillo, seconded 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.
Tuesday, September 13, 2022
Public Utilities: Surraya Rashid, (858) 654-4112
City Attorney Contact: Ray Palmucci
Item 103: Acceptance of Donation and Agreement with Casa Familiar for the Beyer Park Development Capital Improvements Project.
Total Estimated Cost of Proposed Action and Funding Source:
$387,600 donation from Casa Familiar for S00752 Beyer Park Development.
Council District(s) Affected: 8.
Proposed Actions:
(R-2023-64)
Resolution accepting a donation of $387,600 from Casa Familiar for the purpose of paying for upgrades added to the Phase 1 scope of work for the Beyer Park Development Project, and related actions.
Authorizing the Chief Financial Officer to increase the CIP S00752 Budget, and to accept, appropriate and expend an amount not-to-exceed $387,600, for the purpose of paying for upgrades added to the Phase 1 scope of work for the Beyer Park Development Project, contingent upon receipt of the donation.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on July 20, 2022.
ACTION: Motion by Committee Member Campbell, second by Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Montgomery Steppe-yea, Campbellyea.
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
Item 104: First Amendment to Non-Profit Lease Agreement with Chicano Park Museum and Cultural Center.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this item.
Council District(s) Affected: 8.
Tuesday, September 13, 2022
Proposed Actions:
Subitem-A: (R-2023-108)
Resolution determining that approval of the first amendment to the non-profit lease with Chicano Park Museum and Cultural Center is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (R-2023-107)
Resolution authorizing the Mayor, or his designee, to execute the first amendment to the non-profit lease with Chicano Park Museum and Cultural Center for the lease of City-owned property located at 1960 National Avenue, San Diego, California 92113.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on August 3, 2022.
ACTION: Motion by Chair Moreno, 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: Nicole McGinnis, (619) 236- 6987
City Attorney Contact: Marco A. Verdugo
Item 105: Mid-City Communities Smart Growth Areas Study Grant Agreement.
Total Estimated Cost of Proposed Action and Funding Source:
This action will allow the City of San Diego to accept, appropriate, and expend grant funds in the amount of $500,000. This grant will require a direct cash match in the amount of $100,000 from the General Plan Maintenance Fund, and approximately 40 percent of in-kind match requirement in the amount of $240,000 from the Planning Department’s annual General Fund personnel expense budget for a total combined grant match of $340,000 beginning in Fiscal Year 2023.
Council District(s) Affected: 3, 4, 9.
Proposed Actions:
(R-2023-93)
Tuesday, September 13, 2022
Resolution authorizing the acceptance, appropriation, and expenditure of San Diego Association of Governments TransNet Smart Growth Incentive Program Grant Funds for the Mid-City Communities Smart Growth Areas Study.
Committee Actions Taken: N/A
Planning: Jeffrey Ryan, (619) 236-6531
City Attorney Contact: Lindsey Sebastian
Item 106: Ten (10) Year Public Service Lease Agreement with Neighborhood House Association, Inc.
Total Estimated Cost of Proposed Action and Funding Source:
Please refer to the Fiscal Considerations section of the Staff Report.
Council District(s) Affected: 9.
Proposed Actions:
(R-2023-81)
Resolution authorizing execution of a non-profit lease with Neighborhood House Association, Inc. for the lease of City-owned property located at 3795-B Fairmount Avenue, San Diego, California 92105 and related actions.
Committee Actions Taken:
The item was heard at the Land Use and Housing Committee meeting on August 3, 2022.
ACTION: Motion by Chair Moreno, 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: Nicole McGinnis, (619) 236- 6987
City Attorney Contact: Jane M. Boardman
Item 107: Accept a Grant Award of $5,000,000 of Outdoor Recreation Legacy Partnership Program Grant Funds for Beyer Neighborhood Park Development.
Total Estimated Cost of Proposed Action and Funding Source:
$5,000,000 in State Grant funds from the National Park Service will be added to the new project Beyer Park Development Phase II. Additionally, $1,500,000 of Tuesday, September 13, 2022
Debt Funded General Fund CIP funds will be transferred to this project from S15031 Egger/South Bay Comm Pk ADA Improvements.
Council District(s) Affected: 8.
Proposed Actions:
(R-2023-80)
Resolution authorizing the Mayor, or his designee, to make applications to the Land and Water Conservation Fund State and Local Assistance Program and Outdoor Recreation Legacy Partnership Program and take all necessary actions to secure funding in an amount not-to-exceed $5,000,000 in Fund 600000 Grant Fund – Federal, for the development of the Beyer Community Park project, and related actions.
Authorizing the Chief Financial Officer to increase Capital Improvements Program Budget S-23008, and to accept, appropriate and expend an amount not-to-exceed $5,000,000, for the development of the Beyer Community Park project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured, and related actions.
Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
Item 108: SANDAG Transnet Environmental Mitigation Program, Grant Program Resolution Approval.
Total Estimated Cost of Proposed Action and Funding Source:
No direct cost to city funds. Approval of this resolution will allow the city to receive $496,085.00 in grant funds to restore and protect sensitive species and habitats in the Otay Mesa/ Dennery Canyon Open Space Preserves. This project will only include in-kind match utilizing city staff time conducting work already an approved part of natural resource management. City Staff in-kind services not-to-exceed $50,826, over the three year grant period.
Council District(s) Affected: 8.
Proposed Actions:
(R-2023-78)
Resolution authorizing the Mayor, or his designee, to make an application to the San Diego Association of Government’s EMP Regional Habitat Conservation fund (Grant) and take all necessary actions to secure funding in an amount notto-exceed $80,000, for vernal pool restoration in Goat Mesa and Wruck Canyon, Tuesday, September 13, 2022
$80,000 for controlling the spread of an invasive plant known as stinknet in the Otay Mesa area, and $336,085 for rare plant focused habitat restoration in Dennery Canyon, which also requires the City of San Diego to commit to providing matching funds and/or in-kind contributions in an amount not-toexceed $50,826, over three years (Projects).
Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not to exceed $496,085 in Grant Program funding for the Project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and for all related actions.
Committee Actions Taken: N/A
Parks & Recreation: Mark A. Berninger, (619) 685-1314
City Attorney Contact: Jane M. Boardman
Item 109: Grant Agreement with the California Governor’s Office of Emergency Services, Victim Services Branch, for the Purpose of Providing Statewide Trainings on Obtaining Gun Violence Restraining Orders.
Total Estimated Cost of Proposed Action and Funding Source:
No cost. The total revenue applied for in this grant is $1,000,000.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-70)
Resolution to accept, appropriate, and expend a $1,000,000 grant from the California Office of Emergency Services, Victim Services Branch, on behalf of the Office of the City Attorney, and authorize the Assistant City Attorney to execute the grant agreement, including any amendments, extensions, or renewals that may become necessary.
Committee Actions Taken: N/A
Office of the City Attorney: Ann Marie Council, (619) 533-6205 City Attorney Contact: Justin Bargar
Item 110: Appointment to the Airports Advisory Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Tuesday, September 13, 2022
Council District(s) Affected: 7.
Proposed Actions:
(R-2023-76)
Resolution confirming the Mayor's appointment of Richard Ram to the Airport Advisory Committee for a term ending February 28, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 111: Appointment to the Community Forestry Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1.
Proposed Actions:
(R-2022-500)
Resolution confirming the Mayor's appointment of James C. Smith to the Community Forestry Advisory Board for a term expiring December 31, 2022.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 112: Appointments and Reappointments to the Citizens Equal Opportunity Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3, 5, 7, 8.
Proposed Actions:
(R-2023-75)
Tuesday, September 13, 2022
Resolution confirming the Mayor's appointments of Eric Wilson and Jon David Gonzales for terms ending January 1, 2023, to the Citizens Equal Opportunity Commission, and reappointments of Beth Kransberger, for a term ending January 1, 2023, and Gemma Blain, Cinnamon Clark, and Tony Terevainen for terms ending January 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 113: Appointments and Reappointments to the Small Business Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 3, 4.
Proposed Actions:
(R-2023-74)
Resolution confirming the Mayor's appointments to the Small Business Advisory Board of Shadiya Hagisufi for a term ending July 1, 2023, Brandon Johnson for a term ending July 1, 2024, and reappointments of Shane Beard, Austin Evans, and Jim Schneider for terms ending July 1, 2023, and Donna DeBerry and Jason Paguio for terms ending July 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 114: Amendments to the 2022 Legislative Calendar.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-106)
Resolution amending the 2022 Legislative Calendar.
This item is not subject to the Mayor's veto.
Tuesday, September 13, 2022
Committee Actions Taken: N/A
Council President’s Office: Haley Lesser, (619) 236-6699 (Rev. 9/8/22) City Attorney Contact: Heather Ferbert
Item 115: 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-2023-97)
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 S507: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico. (Added 9/9/22) Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2023-125)
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
Item S508: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953. (Added 9/9/22)
Tuesday, September 13, 2022
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
R-2023-114)
Resolution reinstating teleconferencing at public meetings pursuant to the Ralph M. Brown Act and finding that as a result of the proclaimed state of emergency related to COVID-19, meeting in person would present imminent risks to the health and safety of attendees.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council President’s Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Heather Ferbert
Tuesday, September 13, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Childhood Cancer Awareness Month.
MAYOR GLORIA AND COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming September 2022 to be, “Childhood Cancer Awareness Month” in the City of San Diego.
Item 31: Joshua Carlson Day.
MAYOR GLORIA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
Proclaiming September 13, 2022 to be, “Joshua Carlson Day” in the City of San Diego.
Item 32: Classics 4 Kids Day.
COUNCILMEMBER WHITBURN'S RECOMMENDATION:
Proclaiming October 2, 2022 to be, “Classics 4 Kids Day” in the City of San Diego.
Item 33: Crest Cafe Day.
COUNCILMEMBER WHITBURN'S RECOMMENDATION:
Proclaiming September 27, 2022 to be, “Crest Cafe Day” in the City of San Diego.
Item 34: National Dog Service Month.
COUNCILMEMBER WHITBURN'S RECOMMENDATION:
Proclaiming September 2022 to be, "National Service Dog Month" in the City of San Diego.
Tuesday, September 13, 2022
Item S500: Pedal Ahead Third Anniversary Day. (Added 9/8/22) COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming September 15, 2022 to be, “Pedal Ahead Third Anniversary Day” in the City of San Diego.
Item S501: San Diego River Park Foundation’s 21st Anniversary Day. (Added 9/8/22) COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming September 17, 2022, to be, “San Diego River Park Foundation’s 21st Anniversary Day” in the City of San Diego.
Item S502: 38th Annual Coastal Cleanup Day. (Added 9/8/22) COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming September 17, 2022 to be, “38th Annual Coastal Cleanup Day” in the City of San Diego.
Item S503: Hispanic Heritage Month. (Added 9/8/22)
MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPILLO, AND COUNCILMEMBER MORENO'S RECOMMENDATION:
Proclaiming September 15 through October 15, 2022 to be, “Hispanic Heritage Month” in the City of San Diego.
Item S504: Free to Thrive Day. (Added 9/8/22)
COUNCILMEMBER VON WILPERT'S RECOMMMENDATION:
Proclaiming September 17, 2022 to be, “Free to Thrive Day” in the City of San Diego.
Item S505: Willie Wallace Day. (Added 9/8/22)
Tuesday, September 13, 2022
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming September 29, 2022 as, “Willie Wallace Day” in the City of San Diego.
Item S509: Bethel Baptist 100th Anniversary Day. (Added 9/9/22) COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming September 18, 2022, to be, “Bethel Baptist 100th Anniversary Day” in the City of San Diego.
Tuesday, September 13, 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 COMMEN
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
ADOPTION AGENDA, DISCUSSION ITEMS
Tuesday, September 13, 2022
ADOPTION AGENDA
Item S506: Authorize Necessary Actions to Accept, Appropriate, and Expend $20,956,979 of HOME American Rescue Plan (HOME-ARP) Funds Allocated to the City by the U.S. Department of Housing and Urban Development (HUD), Including Approval of the HOME-ARP Allocation Plan for Submittal to HUD and Other Associated Actions. (Added 9/8/22)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
This is a HOME-ARP planning document required by U.S Department of Housing and Urban Development (HUD). All costs associated with the preparation and submittal of this plan are covered by federal funds through HUD under the HOME-ARP program. The City of San Diego is a participating jurisdiction and upon approval of the plan by HUD, the City will be awarded $20.9m.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-109)
Resolution of the Council of the City of San Diego approving the City's HOMEAmerican Rescue Plan Allocation Plan, allocating $20,956,979 in HOMEAmerican Rescue Plan funding received from the U.S. Department of Housing and Urban Development, and taking other associated actions.
Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on September 7, 2022.
ACTION: Motion by Committee Member von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Montgomery Steppe-yea, von Wilpert-yea, Campillo-yea, Morenonot present.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, September 13, 2022
Item S510: Notice of Availability for Midway Site – Recommendation for Selection of Midway Rising and Authorization to Negotiate and Enter into an Exclusive Negotiating Agreement with Midway Rising. (Added 9/9/22) This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
None.
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2023-121)
Resolution determining that authorizing the Mayor, or his designee, to negotiate and enter into an exclusive negotiation agreement with Midway Rising for the potential future leasing and redevelopment of the City-owned site on Sports Arena Boulevard in the Midway Area is exempt from the California Environmental Quality Act under Section 15061(b)(3) of the CEQA Guidelines.
Subitem-B: (R-2023-120)
Resolution authorizing the Mayor, or his designee, to negotiate and enter into an exclusive negotiation agreement with Midway Rising for the potential future leasing and redevelopment of the City-owned site on Sports Arena Boulevard in the Midway Area.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on September 8, 2022.
ACTION: Motion by Vice Chair LaCava, second by Councilmember Cate, to recommend Council approval of staff's proposed actions with the additional request that City staff, at a minimum, provide City Council with quarterly informational updates to include progress made to date, completion of milestones, anticipated next steps, and to receive additional input.
VOTE: 3-0; LaCava-yea, Whitburn-yea, Cate-yea, Moreno-not present.
Department of Real Estate and Airport Management: Penny Maus, (619) 236-7346 City Attorney Contact: Delmar G. Williams
Tuesday, September 13, 2022
ADOPTION AGENDA
Item 330: Proposed Amendments to Council Policy 600-09: Community Planners Committee, and Council Policy 600-24: Standard Operating Procedures and Responsibilities of Recognized Community Planning Groups; and the San Diego Municipal Code Related to Community Planning Groups.
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:
Stipends of $500 to each CPG and the CPC to be provided as part of the Planning Department Fiscal Year 2023 budget for a total cost of $21,500.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-88 Cor. Copy) (Rev. 9/9/22)
Resolution amending Council Policy 600-09, entitled “Community Planners Committee” related to committee reform and maintaining independence from the City.
Subitem-B: (R-2023-87 Cor. Copy) (Rev. 9/9/22)
Resolution amending Council Policy 600-24, entitled “Standard Operating Procedures and Responsibilities of Recognized Community Planning Groups” related to community planning group reform and maintaining their independence from the City.
Subitem-C: (O-2023-35)
Introduction of an Ordinance amending Chapter 8, Article 6, Division 1 of the San Diego Municipal Code by amending section 86.0104; amending Chapter 9, Article 8, Division 5 by amending section 98.0510; amending Chapter 11, Article 2, Division 2 by amending section 112.0203; amending Chapter 11, Article 2, Division 5 by amending section 112.0503; amending Chapter 11, Article 2, Division 6 by amending section 112.0602; and amending Chapter 15, Article 7, Division 2 by amending section 157.0203 all related to community planning group reform. (Rev. 9/12/22)
Committee Actions Taken:
DISCUSSION, NOTICED HEARINGS:
Tuesday, September 13, 2022
This item was heard at the Land Use and Housing Committee meeting on June 16, 2022.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Cate, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.
Council District 1: Kathleen Ferrier, (619) 236-6611
City Attorney Contact: Noah Brazier
Tuesday, September 13, 2022
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT