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, November 01, 2022
AGENDA FOR THE
Tuesday, November 01, 2022
REGULAR COUNCIL MEETING OF
TUESDAY, NOVEMBER 01, 2022, AT 10:00 AM
CITY ADMINISTRATION BUILDING
12TH FLOOR, 202 “C” STREET SAN DIEGO, CA 92101
CITY COUNCIL MEETING
Effective April 11, 2022, Council Chambers is open for in-person testimony.
COVID- 19 PUBLIC SERVICE ANNOUNCEMENT REGARDING COUNCIL MEETING ACCESS AND PUBLIC COMMENT:
Until further notice, City Council meetings will be conducted pursuant to the provisions of California Government Code section 54953(e), added by Assembly Bill 361, which allows the City to use teleconferencing and to provide the public an opportunity to address the City Council via a call-in option or an internet-based service option, during a proclaimed state of emergency.
Additionally, the Council has approved Temporary Rules as amended on April 5, 2022 to be used until further notice.
During the State of Emergency related to the COVID-19 pandemic and in the interest of public health and safety, some, if not all, City Councilmembers may be participating in the City Council meetings via a virtual teleconference platform. Members of the public in attendance at the City Council meetings are encouraged to maintain social distancing in Chamber. Additionally, we are continuing to provide alternatives to in-person attendance for participating in City Council meetings.
In lieu of in-person attendance, members of the public may also participate and provide comment via telephone, ZOOM, using the City Clerk webform, or via U.S. Mail of written materials, as follows:
How To Speak To A Particular Item or during Non-Agenda Public Comment:
In Person
Please fill out a speaker slip located at the entrance to Council Chambers. Indicate the item you wish to speak on as well as other requested information. Then submit it to the Clerk at the box indicated near the speaker’s lectern at the front of the room.
Via Virtual Platform
When the Clerk introduces the item you would like to comment on (or indicates it is time for Non-Agenda Public Comment), raise your hand by either tapping the “Raise Your Hand” button on your computer, tablet, or Smartphone, or by dialing *9 on your phone. You will be taken in the order in which you raised your hand. You may only speak once on a particular item.
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, November 01, 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. https://sandiego.zoomgov.com/j/1611703951
To join by telephone: Dial 1-669-254 5252 +
When prompted, input Webinar ID: 161 170 3951
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 Tuesday, November 01, 2022
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 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。
Tuesday, November 01, 2022
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, November 01, 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
Tuesday, November 01, 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: Authorization to Enter into a Five-Year Agreement with Life Technologies Corporation for Forensic DNA Testing Materials and Post-Warranty Instrument Maintenance.
Total Estimated Cost of Proposed Action and Funding Source:
The total not-to-exceed amount over a 5-year term is $2,795,000 from the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-65)
Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into an Agreement with Life Technologies Corporation, in an amount not-toexceed $2,795,000, to provide forensic DNA testing materials and post-warranty instrument maintenance.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on October 6, 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.
Police: Shawn Montpetit, (619) 531-2817
City Attorney Contact: Jill S. Cristich
Item 51: Approval of the First Amendment to the CALNET Legacy Cooperative Procurement Contract Between the City of San Diego and AT&T CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, November 01, 2022
Corporation for the Provision of Telecommunications, Voice, and Data Services.
Total Estimated Cost of Proposed Action and Funding Source:
Total cumulative not-to-exceed amount over the full term of the agreement (inclusive of option years) is $21,083,000, to be paid from both General and Enterprise funds, as needed.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-68)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Contract with AT&T Corporation for the provision of telecommunications, voice, and data services, to increase the not-to-exceed amount from $3,000,000 to $21,083,000, and to allow the City to use the services beyond five years, through June 30, 2029.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 19, 2022.
ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-not present.
Department of Information Technology: Shawn Killpack, (619) 533-3059 City Attorney Contact: Steven Lastomirsky
Item 52: Drinking Water State Revolving Fund Loans to the Water System for Morena Pipeline and Alvarado 2nd Extension Pipeline Projects.
Total Estimated Cost of Proposed Action and Funding Source:
See Staff Report for fiscal considerations.
Council District(s) Affected: 2, 7.
Proposed Actions:
Subitem-A: (O-2023-66)
Tuesday, November 01, 2022
Introduction of an Ordinance authorizing financing from the State Water Resources Control Board in a principal amount that is currently expected not-toexceed $60 million through the Drinking Water State Revolving Fund and related actions in connection with the Morena Pipeline. 6 votes required pursuant to Charter Section 99.
Subitem-B: (O-2023-69)
Introduction of an Ordinance authorizing financing from the State Water Resources Control Board in a principal amount that is currently expected not-toexceed $150 million through the Drinking Water State Revolving Fund and related actions in connection with the Alvarado Second Extension Pipeline. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 19, 2022.
ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-not present.
Debt Management: Allison Falkenstein, (619) 533-4516
City Attorney Contact: Bret A. Bartolotta
Item 53: Exemption of Two Program Coordinator Positions in the Office of the Commission on Police Practices.
Total Estimated Cost of Proposed Action and Funding Source:
These two Program Coordinator positions are budgeted for $243,749 in the Fiscal Year 2023 Adopted Budget and will come out of the General Fund.
Council District(s) Affected: Citywide.
Tuesday, November 01, 2022
Proposed Actions:
(O-2023-56)
Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Office of the Commission on Police Practices from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on September 1, 2022. These positions will be responsible for serving as independent investigators for select officer-involved shootings, in-custody deaths, and other significant incidents reported to the Office of the Commission on Police Practices. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Office of the Commission on Police Practices: Sharmaine Moseley, (619) 249-1519 City Attorney Contact: Miguel Merrell
Item S500: Third Amendment to Agreement with C&S Engineers, Inc (H166649) for Airport Master Plan Studies for Montgomery-Gibbs Executive and Brown Field Airports. (Added 10/27/22)
Total Estimated Cost of Proposed Action and Funding Source:
There will be no new cost to the Airport Enterprise Fund for this contract amendment.
Council District(s) Affected: 6, 8.
Proposed Actions:
(O-2023-70)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a Third Amendment to the Agreement with C&S Engineers, Inc. in connection with the Montgomery-Gibbs Executive and Brown Field Airports Master Plans, extending the term by one year.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on October 20, 2022.
ACTION: Motion by Committee Member Whitburn, second by Committee Member Cate, to recommend Council approval of staff's proposed actions.
Tuesday, November 01, 2022
VOTE: 3-0; LaCava-yea, Whitburn-yea, Cate-yea, Councilmember Moreno-not present.
Department of Real Estate and Airport Management: David Reed, (858) 573-1414 City Attorney Contact: David Powell
Tuesday, November 01, 2022
ADOPTION AGENDA
Item 54: Exemption of Two (2) Program Coordinator Positions in the Chief Operating Officer’s Office from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
These positions were budgeted in the FY 2023 adopted budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/11/2022, Item 50 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-43)
Ordinance authorizing the exemption of two Program Coordinator positions in the City's Office of the Chief Operating Officer from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on September 1, 2022. These Program Coordinator positions will be responsible for overseeing the development of grant applications for City departments, in addition to other related duties. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Office of the Chief Operating Officer: Kris McFadden, (619) 236-6595 City Attorney Contact: Miguel Merrell
Item 55: Third Amendment to the Original Sole Source Agreement (H166798) with Moffatt & Nichol for Additional Consultant Services During the Design and Construction for the OB Pier Replacement Project.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost for providing services under this Third Amendment is $7,499,075.00, to be funded through Grant Fund State.
Council District(s) Affected: 2.
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, November 01, 2022
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/11/2022, Item 60, Subitem B (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-58)
Ordinance to authorize the Mayor or designee to sign the Third Amendment to the Sole Source Agreement with Moffat & Nichols for additional consulting services on the Ocean Beach Pier Replacement Project, to extend the duration of the agreement until December 30, 2028 and increase the not-to-exceed value of the agreement from $685,495 to $8,184,570, and related fiscal actions. 6 votes required pursuant to Charter Section 99 for a contract extending beyond 5 years.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on September 14, 2022.
ACTION: Motion by Committee Member Campbell, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, Campbell-yea, Montgomery Steppe-yea, von Wilpertnot present.
Engineering & Capital Projects: James Nagelvoort, Director, Strategic Capital, (619) 533-5100
City Attorney Contact: Ryan P. Gerrity
Item 56: Amendments to Non-Exclusive Solid Waste Collection Franchise Agreements.
Total Estimated Cost of Proposed Action and Funding Source:
Please see staff report for fiscal considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/10/2022, Item 200 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-59)
Ordinance authorizing the Mayor, or his designee, to execute amendments to the Class I and Class II Non-Exclusive Franchise Agreements for Solid Waste Management Services.
Tuesday, November 01, 2022
6 votes required pursuant to Charter Section 103.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on March 17, 2022.
ACTION: Motion by Chair LaCava, second by Committee Member Campillo, to recommend Council approval of staff's recommendation.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Environmental Services: Ken Prue, (858) 492-5085
City Attorney Contact: Nicole M. Denow
Item 57: Authorization for the Public Facilities Financing Authority of the City of San Diego 2023A Water Revenue Bonds.
Total Estimated Cost of Proposed Action and Funding Source:
See "Fiscal Considerations" section of Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced 10/11/2022, Item 330 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-28)
Ordinance approving and authorizing the issuance and sale by the Public Facilities Financing Authority of the City of San Diego of its senior or subordinated water revenue bonds in one or more series in a total aggregate principal amount not-to-exceed $300,000,000; authorizing the City Attorney to appoint bond and disclosure counsel; and approving other documents and actions in connection therewith.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on June 22, 2022.
ACTION: Motion by Committee Member Moreno, second by Vice chair EloRivera, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea.
Tuesday, November 01, 2022
Debt Management: Allison Falkenstein, (619) 533-4516
City Attorney Contact: David Powell
Item 58: Ordinance Approving Changes to Civil Service Rule XI, Section 5(a)(3) and Section 5(b), and San Diego Municipal Code sections 23.1202, 23.1204,
23.1205, 23.1206, 23.1207 and 23.1208 Relating to Employee Resignation, Removal, Suspension, and Reduction in Compensation, to Allow Virtual Appeal Hearings.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/11/2022, Item 333 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-13)
Ordinance of the Council of the City of San Diego amending Chapter 2, Article 3, Division 12 of the San Diego Municipal Code by amending sections 23.1202,
23.1204, 23.1205, 23.1206, 23.1207 and 23.1208 relating to employee resignation, removal, suspension, and reduction in compensation, to allow virtual appeal hearings.
Committee Actions Taken: N/A
Personnel: Douglas Edwards, (619) 236-6155
City Attorney Contact: David Karlin
Item 59: La Jolla Commons III Rezone - Project No. 698279.
Total Estimated Cost of Proposed Action and Funding Source:
Costs associated with this project will be paid by the applicant through a deposit account.
Council District(s) Affected: 1.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/17/2022, Item 200, Subitem A (Council voted 8-0, Moreno-not present):
(O-2023-60)
Tuesday, November 01, 2022
Ordinance changing 17 acres located at 4707, 4727, 4747, 4750 and 4757 Executive Drive, within the University Community Plan Area, in The City of San Diego, California, from the CV-1-2 Zone into the CO-3-1 Zone, as defined by San Diego Municipal Code section 131.0505; and repealing Ordinance No. O13455 (Old Series), adopted February 15, 1932, of the ordinances of the City of San Diego insofar as the same conflicts herewith.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Oscar Galvez, (619) 446-5237
City Attorney Contact: Noah Brazier
Item 60: Approval of a Memorandum of Understanding Regarding the Design, Environmental Review, Permitting, and Potential Construction of the Fenton Parkway Bridge.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the fiscal considerations section of the Staff Report.
Council District(s) Affected: 7.
Proposed Actions:
City staff and California State University (CSU), acting on behalf of San Diego State University (SDSU), have negotiated a Memorandum of Understanding (MOU) regarding the Fenton Parkway Bridge pursuant to the terms of the Purchase and Sale Agreement (PSA) for the San Diego State University Mission Valley Campus Master Plan (“SDSU Mission Valley”) located in the Mission Valley Community Planning area of the City. This MOU establishes a protocol for preparing the necessary California Environmental Quality Act (CEQA) environmental documents and carrying out the design and potential construction of the Fenton Parkway Bridge (Project).
Adopt the following Ordinance which was introduced on 10/17/2022, Item 201, Subitem B (Council voted 8-0, Moreno-not present):
(O-2023-44)
Ordinance authorizing the Mayor, or designee, to enter into a Memorandum of Understanding with California State University establishing the protocol for preparing necessary CEQA environmental documents and carrying out the design and potential construction of the Project.
Committee Actions Taken:
Tuesday, November 01, 2022
This item was heard at the Active Transportation and Infrastructure Committee meeting on September 14, 2022.
ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, Campbell-yea, Montgomery Steppe-yea, von Wilpertnot present.
Engineering & Capital Projects: James Nagelvoort, (619) 533-5100 City Attorney Contact: Shannon Eckmeyer
Item 61: Amend the Administrative Code of the San Diego Municipal Code (SDMC) to Update the List and Descriptions of City Departments – Strategic Capital Projects Department and Debt Management Department/Department of Finance Merge.
Total Estimated Cost of Proposed Action and Funding Source:
Department of Finance and Debt Management Department have previously been approved by the City Council in the Fiscal Year 2023 Adopted Budget. If approved, the Department of Finance anticipates repurposing vacancy savings resulting from the elimination of the Debt Management Department Director position and adding critical staff to restore positions that were reduced in prior years.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinances which were introduced on 10/18/2022, Item 50, Subitem A, Subitem B, and Subitem C (Council voted 8-0, Councilmember Moreno-not present):
Subitem-A: (O-2023-42)
Ordinance amending Chapter 2, Article 2, Division 7 and Division 41 of the San Diego Municipal Code by amending Sections 22.0710, 22.0711. and 22.1403, relating to the consolidation of the Debt Management Department within the Finance Department.
6 votes required pursuant to Charter Section 26.
Subitem-B: (O-2023-41)
Tuesday, November 01, 2022
Ordinance amending Chapter 2, Article 2, Division 14 of the San Diego Municipal Code by adding Section 22.1406, establishing the Strategic Capital Projects Department as a City department in the Administration Code. 6 votes required pursuant to Charter Section 26.
Subitem-C: (O-2023-40)
Ordinance amending Chapter 2, Article 2, Division 18 of the San Diego Municipal Code by amending Section 22.1801(b), relating to City departments. 6 votes required pursuant to Charter Section 26.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on September 21, 2022.
ACTION: Motion by Committee Member Campillo, second by Committee Member Cate, to recommend Council approval of staff's proposed actions.
VOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Cate-yea, Campillo-yea.
Department of Finance: Jay M. Goldstone, (619) 235-5806 City Attorney Contact: David Karlin
Tuesday, November 01, 2022
ADOPTION AGENDA
Item 62: Second Amendment to the Agreement with GHD Inc. for the Design of Otay 1st & 2nd Pipelines - West of Highland Ave Project.
Total Estimated Cost of Proposed Action and Funding Source:
The total consultant design cost for this Agreement is $2,120,000.00. Funding was previously authorized from the Otay 1st and 2nd Pipelines West of Highland Avenue Capital Improvement Project, Water Utility CIP Fund, for this purpose.
No additional funding for this request.
Council District(s) Affected: 3, 9.
Proposed Actions:
Subitem-A: (R-2023-221)
Resolution determining that the second amendment to the agreement with GHD Inc. for the Otay 1st And 2nd Pipelines West Of Highland Avenue Project, which extends the agreement through December 31, 2023, is categorically exempt from the California Environmental Quality Act, pursuant to State CEQA Guidelines sections 15302 and 15304.
Subitem-B: (O-2023-71)
Introduction of an ordinance authorizing the second amendment to the agreement with GHD Inc. for the Otay 1st And 2nd Pipelines West Of Highland Avenue Project to extend the term of the agreement through December 31, 2023.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 12, 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, Campbell-yea, Montgomery Steppeyea.
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, November 01, 2022
ADOPTION AGENDA
Item 100: Acceptance of Retention of Legal Services by San Diego Gas & Electric for the City of San Diego under the June 8, 2021 Franchise Agreement and Related Waivers [Sawan Guzman v. City of San Diego, San Diego Gas and Electric, SDSC Case No. 37-2022-00020171-CU-PO-CTL, Risk Claim No. 29075].
Total Estimated Cost of Proposed Action and Funding Source:
Fiscal responsibilities will be borne by SDG&E pursuant to the Franchise Agreement.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-167)
Resolution approving the representation and conflict waivers of Wingert Grebing Brubaker & Juskie LLP of the City under the Engagement Agreement entered into between WGBJ and San Diego Gas and Electric Company in the matter of Guzman v. City of San Diego, San Diego Gas and Electric, SDSC Case No. 37-2022-00020171-CU-PO-CTL.
Committee Actions Taken: N/A
Office of the City Attorney: Elizabeth L. Atkins, (619) 533-6508 Item 101: Approval of Agreement for Clean SD Services with Urban Corps of San Diego County Inc.
Total Estimated Cost of Proposed Action and Funding Source:
The total not-to-exceed amount is $22,078,000.00 from the General Fund for the five-year agreement.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-210)
Resolution determining that execution of the Agreement with Urban Corps of San Diego County, Inc. for Clean San Diego Services is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facility).
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, November 01, 2022
Subitem-B: (R-2023-211)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Urban Corps of San Diego County, Inc. for Clean San Diego Services in an amount not-to-exceed $22,078,000.00, to provide waste removal and abatement services for a period of five (5) years, and for all related actions.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 13, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.
Environmental Services: Ken Prue, (858) 492-5085
City Attorney Contact: Nicole M. Denow
Item 102: Compensation Agreement with Civic San Diego for the Construction of the Lyceum Theatre Renovation Project in the Downtown Community Plan Area.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the Fiscal Considerations section of the Staff Report.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-189) (Rev. 10/26/22)
Resolution of the Council of the City of San Diego determining that the renovation of the Lyceum Theatre in the downtown community plan area is categorically exempt from the California Environmental Quality Act under guideline section 15301.
Subitem-B: (R-2023-188)
Resolution of the Council of the City of San Diego authorizing a Compensation Agreement between the City of San Diego and Civic San Diego for construction of the Lyceum Theatre renovation project in the downtown neighborhood community plan area, approving funding, and related actions.
Committee Actions Taken:
Tuesday, November 01, 2022
This item was head at the Economic Development and Intergovernmental Relations Committee meeting on October 6, 2022.
ACTION: Motion by Vice Chair Cate, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
Item 103: Adopting the 2023 Legislative Calendar and FY 2024 Budget Development and FY 2023 Budget Monitoring Key Dates.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-213)
Resolution adopting the 2023 Legislative Calendar and the Fiscal Year 2024 Budget development and Fiscal Year 2023 Budget monitoring key dates.
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
Item 104 has been removed from the agenda.
Tuesday, November 01, 2022
Item 105: Authorization to Enter into a Five-Year Contract with MYF Holdings, LLC, dba Crownair Aviation for Jet A Turbine Fuel for the Police and Fire-Rescue Departments Air Support Units (ITB 10089895-23-B).
Total Estimated Cost of Proposed Action and Funding Source:
This action seeks expenditure authority to execute a contract with Crownair Aviation for aircraft Jet A turbine fuel in an amount not-to-exceed $4,972,452, over the total five-year term.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-208)
Resolution authorizing the Mayor, or his designee, to enter into a Contract with MYF Holdings, LLC, dba Crownair Aviation, in an amount not-to-exceed $4,972,452, to provide Jet A Turbine fuel for the Police Department and FireRescue Department air support units.
Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on October 6, 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.
Police: Jose Luis Romo, (619) 531-2739
City Attorney Contact: Jill S. Cristich
Item 106: Adopting an Amended Conflict of Interest Code for the Office of the Chief Financial Officer.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-197)
Resolution of the Council of the City of San Diego adopting an amended Conflict of Interest Code for the Office of the Chief Financial Officer.
Tuesday, November 01, 2022
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Department of Finance: Matthew Vespi, (619) 236-6218
City Attorney Contact: Jose A. Garcia
Item 107: Conflict of Interest Code for the Homelessness Strategies and Solutions Department.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-182)
Resolution adopting a Conflict of Interest Code for the Homelessness Strategies and Solutions Department and related actions.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Hilda R. Mendoza
Item 108: Adopting an Amended Conflict of Interest Code for the Development Services Department.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-191)
Resolution of the Council of the City of San Diego adopting an amended Conflict of Interest Code for the Development Services Department.
This item is not subject to the Mayor's veto.
Tuesday, November 01, 2022
Committee Actions Taken: N/A
Development Services: Savanah Shick, (619) 533-3111
City Attorney Contact: Jose A Garcia
Item 109: Adopting an Amended Conflict of Interest Code for the Parks and Recreation Department.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-178)
Resolution adopting an amended Conflict of Interest Code for the Parks and Recreation Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Parks & Recreation: Michele Kelley, (619) 533-6446
City Attorney Contact: Hilda R. Mendoza
Item 110: Adopting an Amended Conflict of Interest Code for the Board of Building Appeals and Advisors.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-209)
Resolution adopting an amended Conflict of Interest Code for the Board of Building Appeals and Advisors.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Tuesday, November 01, 2022
Development Services: Ali Fattah, (619) 446-5092
City Attorney Contact: Hilda R. Mendoza
Item 111: Adopting an Amended Conflict of Interest Code for the Office of the City Treasurer.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-158)
Resolution adopting an Amended Conflict of Interest Code for the Office of the City Treasurer.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Treasurer: Elizabeth Correia, (619) 236-7157 City Attorney Contact: Hilda R. Mendoza
Item 112: Adopting an Amended Conflict of Interest Code for the Office of the City Clerk.
Total Estimated Cost of Proposed Action and Funding Source: None.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-206)
Resolution adopting an amended Conflict of Interest Code for the Office of the City Clerk.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 City Attorney Contact: Hilda R. Mendoza
Tuesday, November 01, 2022
Item 113: Settlement of Indemnity Co. of CA v. City of San Diego Coordinated with ICC v. APR Construction, Inc., San Diego Superior Court Case Nos. 37-2019- 00007351 and 37-2018-00010633; Risk No. 13794.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $185,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-148)
Resolution authorizing the settlement of Indemnity Co. of CA v. City of San Diego coordinated with ICC v. APR Construction, Inc., San Diego Superior Court Case Nos. 37-2019-00007351 and 37-2018-00010633, related to damages sustained due to an alleged breach of contract related to the construction of the Central Avenue Mini Park and Skate Park projects. Risk Claim No. 13794.
Committee Actions Taken: N/A
Office of the City Attorney: Jon Taylor, (619) 235-5898 Item 114: Settlement of Bianca Ruffino v. City of San Diego, San Diego Superior Court Case No. 37-2020-00027052-CU-PO-CTL, Risk Claim No. 24040.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $170,000 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-131)
Resolution authorizing the settlement of Bianca Ruffino v. City of San Diego, San Diego Superior Court Case No. 37-2020-00027052-CU-PO-CTL, related to a claim for personal injury damages stemming from an electric bicycle accident on June 28, 2019, in Santa Clara Point Park. Risk Claim No. 24040.
Committee Actions Taken: N/A
Office of the City Attorney: Kevin Yee, (619) 533-5697
Tuesday, November 01, 2022
Item 115: Settlement of Adele Piliszek v. City of San Diego, et al, San Diego Superior Court Case No. 37-2018-00057178-CU-PO-CTL, Risk No. 19660.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $250,000 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-172)
Resolution authorizing the settlement of Adele Piliszek v. City of San Diego, et al, San Diego Superior Court Case No. 37-2018-00057178-CU-PO-CTL, related to injuries sustained in a December 2017 bicycle accident on North Torrey Pines Road in La Jolla. Risk Claim No. 19660.
Committee Actions Taken: N/A
Office of the City Attorney: Gary D. Leasure, (619) 533-5883 Item 116: Settlement of Congregation Beth El of La Jolla v. City of San Diego, San Diego Superior Court Case No. 37-2020-00045897-CU-PO-CTL, Risk Claim No. 24768.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $75,000 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-155)
Resolution authorizing the settlement of Congregation Beth El of La Jolla v City of San Diego, San Diego Superior Court Case No. 37-2020-00045897-CU-POCTL, related to damages to a parking lot involving a stormwater infiltration in the La Jolla neighborhood in November 2019, in San Diego, California Risk Claim No. 24768.
Committee Actions Taken: N/A
Office of the City Attorney: Danna Nicholas, (619) 533-5873 Tuesday, November 01, 2022
Item 117: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized Employee Organizations.
Total Estimated Cost of Proposed Action and Funding Source:
There is no fiscal impact for this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-205)
Resolution designating the City of San Diego's management team for labor negotiations with the City's recognized employee organizations, in accordance with the Meyers-Milias-Brown Act, San Diego Charter, and Council Policy 300-
06. Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Miguel Merrell
Item 118: This Action Declares a Continued State of Local Emergency in the City of San Diego in Response to COVID-19, First Proclaimed by the Mayor on March 12, 2020, and Ratified by the City Council on March 17, 2020.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-217)
Resolution declaring a continued state of local emergency regarding the COVID19 pandemic, pursuant to California Government Code section 8630.
Committee Actions Taken: N/A
Office of the Mayor: Jessica Lawrence, (619) 236-7156
City Attorney Contact: Michelle Garland
Item 119: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected:
Tuesday, November 01, 2022
Proposed Actions:
(R-2023-126)
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 S501: Confirming the Appointment and Salary of City Manager (Chief Operating Officer) for the City of San Diego. (Added 10/27/22)
Total Estimated Cost of Proposed Action and Funding Source:
$375,000, with management level fringe benefits as described in the City’s annual salary ordinance.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-226)
Resolution confirming the appointment and salary of Eric Dargan as the City Manager (Chief Operating Officer) for the City of San Diego.
Committee Actions Taken: N/A
Office of the Mayor: Jessica Lawrence, (619) 236-7156
City Attorney Contact: Thomas J. Brady
Item S502: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953. (Added 10/27/22)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-227)
Resolution reconsidering the circumstances of the state of emergency related to COVID-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act.
Tuesday, November 01, 2022
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, November 01, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Transforming Trauma Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming November 10, 2022, to be “Transforming Trauma Day” in the City of San Diego.
Item 31: Wesley House Student Residence Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming November 17, 2022, to be “Wesley House Student Residence Day” in the City of San Diego.
Item 32: ArtReach Day.
COUNCILMEMBER WHITBURN'S RECOMMENDATION:
Proclaiming November 1, 2022, to be “ArtReach Day” in the City of San Diego.
Item 33: Assistant Fire Chief Chris Webber Day.
MAYOR GLORIA AND COUNCILMEMBER CATE'S RECOMMENDATION:
Proclaiming November 1, 2022, as “Assistant Fire Chief Chris Webber Day” in the City of San Diego. (Rev. 10/26/22)
Item 34: International LGS Awareness Day.
COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPBELL AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming November 1, 2022, to be “International LGS Awareness Day" in the City of San Diego.
SPECIAL ORDERS OF BUSINESS
None.
Tuesday, November 01, 2022
ITEMS PULLED FROM THE CONSENT AGENDA
PUBLIC COMMENT ON CLOSED SESSION
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.) Per Rule 2.6.2, non-agenda public comment is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes, during the morning session. Non-agenda public comment at the beginning of the meeting may be limited to 30 minutes, with any remaining speakers given an opportunity to speak after Council concludes the other agenda items for the day.
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
ADOPTION AGENDA, DISCUSSION ITEMS
Tuesday, November 01, 2022
INFORMATIONAL ITEMS
Item S503: Fiscal Year 2022 Year-End Financial Performance Report. (Added 10/27/22) 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:
There are no fiscal considerations. This is an informational report only.
Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken: N/A
Department of Finance: Christopher Purcell, (619) 236-6775 Item S504: Performance Audit of the Development Services Department’s Code Enforcement Division. (Added 11/1/22)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
(Continued from the meeting of October 31, 2022, Item 600, at the request of Council President Elo-Rivera due to lack of time)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken:
This item was heard at the Audit Committee meeting on June 15, 2022.
ACTION: Motion by Committee Member Halpern, second by Chair Whitburn, to accept the report and forward it to City Council as an informational item.
Tuesday, November 01, 2022
VOTE: 3-0; Whitburn-yea, Halpern-yea, Maffia-yea, Councilmeber Moreno, Committee Member Tabshouri-not present.
Office of the City Auditor: Luis Briseño, (619) 533-3054 Item S505: Performance Audit of Workplace Safety and Workers’ Compensation. (Added 11/1/22)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
(Continued from the meeting of October 31, 2022, Item 602, at the request of Council President Elo-Rivera due to lack of time)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken:
This item was heard at the Audit Committee meeting on May 12, 2022.
ACTION: Motion by Vice Chair Moreno, second by Committee Member Halpern, to accept the report and forward it to City Council as an informational item.
VOTE: 4-0; Whitburn-yea, Moreno-yea, Halpern-yea, Tabshouri-yea, Maffia-not present.
Office of the City Auditor: Luis Briseño, (619) 533-3054 Tuesday, November 01, 2022
ADOPTION AGENDA
Item 330: First Amendment to Contract between the City of San Diego and Burke, Williams & Sorensen, LLP, to Provide Additional Labor Negotiation Consultant Services.
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 action will authorize the first amendment to the agreement with Burke, Williams & Sorensen, LLP for labor negotiation consultant services, increasing the not-to-exceed amount by $1.0 million for a total not-to-exceed contract amount of $3.0 million, of which $500,000 is expected to be spent in Fiscal Year 2023.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-216)
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Burke, Williams & Sorenson, LLP for additional labor negotiation consultant services in an amount not-to-exceed $1 million.
Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Miguel Merrell
Item 331: FY 2024 City Council Budget Priorities.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-214)
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, November 01, 2022
Resolution accepting the Independent Budget Analyst's Fiscal Year 2024 Report on City Council Budget Priorities and directing that the report, along with Councilmember Budget Priority Memoranda, be sent to the Mayor's Office for consideration in preparing the Fiscal Year 2024 Budget.
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 19, 2022.
ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Montgomery Steppe, to direct the Independent Budget Analyst to prepare the FY2024 Budget Priorities Resolution with the City Attorney’s Office and present to the City Council for formal adoption of the FY 2024 Budget Priorities Resolution.
VOTE: 3-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-not present.
Office of the Independent Budget Analyst: Lisa Byrne, (619) 236-5917 City Attorney Contact: Bret A. Bartolotta
Tuesday, November 01, 2022
ADOPTION AGENDA
Item 332: T-Mobile A Street Project Appeal - Project No. 687321.
Continued from the meeting of October 11, 2022, Item 332, at the request of Council President Pro Tem Montgomery Steppe, for further review.
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:
All costs associated with the processing of this project are paid by the applicant.
Council District(s) Affected: 4.
Proposed Actions:
Appeal of the Planning Commission’s decision to approve the T-Mobile A Street project granting a Planned Development Permit (PDP), Conditional Use Permit (CUP) and Neighborhood Development Permit (NDP) for a Wireless Communication Facility (WCF). The WCF consists of a 66-foot tall faux eucalyptus tree supporting nine (9) panel antennas and nine (9) Remote Radio Units (RRUs) and associated equipment located at 4907 A Street in the RS-1-7 zone within the Eastern Area Community of the Mid-City Community Planning area. The project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) on February 21, 2022.
According to San Diego Municipal Code Section 112.0508(f), Power to Act on Appeal, the City Council may:
(1) Affirm Planning Commission’s decision to grant the permits; (2) Affirm Planning Commission’s decision to grant the permits with modifications; or
(3) Reverse Planning Commission’s decision to grant the permits.
Directing the City Attorney to prepare the appropriate Resolutions according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
DISCUSSION, NOTICED HEARINGS:
Tuesday, November 01, 2022
Development Services: Ian Heacox, (619) 446-5338
City Attorney Contact: Lindsey Sebastian
Item 333: Cass Street Vacation – Project No. 659043.
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. All costs related to processing this project are covered by a deposit account maintained by the applicant.
Council District(s) Affected: 1, 2.
Proposed Actions:
The project proposes a Public Right-of-Way Vacation of an unimproved 8,600 square-foot portion of Cass Street located at 990 Van Nuys Street. The 0.20- acre site is in the RS-1-7 Zone within the La Jolla and Pacific Beach Community Plan areas.
Subitem-A: (R-2023-176)
Resolution determining the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(c)(3) (Common Sense), 15304 (Minor Alterations), and 15332 (In-Fill Development Projects) of the CEQA Guidelines.
This item is not subject to the Mayor's veto.
Subitem-B: (R-2023-177)
Resolution approving Public Right-of-Way Vacation No. 2409551 for the project.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Benjamin Hafertepe, (619) 446-5086 City Attorney Contact: Shannon Eckmeyer
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
Tuesday, November 01, 2022
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT