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 15, 2022
AGENDA FOR THE
Tuesday, November 15, 2022
REGULAR COUNCIL MEETING OF
TUESDAY, NOVEMBER 15, 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 15, 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 15, 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 15, 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 15, 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.
OTHER LEGISLATIVE MEETINGS
The SAN DIEGO HOUSING AUTHORITY is scheduled to meet today. A separate agenda is published for it, and is available online and in the Kiosk located in front of the City Administration Building, 202 C Street SD, CA 92101. For more information, please contact the Housing Authority Secretary at (619) 578-7550. Internet access to the agenda is available at:
http://www.sdhc.org/Media-Center/SDHC-Meetings/Housing-Authority-Meetings/
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF COUNCIL MINUTES
10/3/2022 Special Joint
10/3/2022 Special
Tuesday, November 15, 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: Exemption of an Assistant for Community Outreach 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:
(O-2023-67)
Introduction of an Ordinance authorizing the exemption of an Assistant for Community Outreach 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 October 6, 2022. This position will be responsible for supporting the Your Safe Place/Family Justice Center. 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) 236-6220 City Attorney Contact: Miguel Merrell
Item 51: Amendments to San Diego Municipal Code Sections 26.30 and 26.31 to Update Department and Organization Names and Impacts to the Mission Bay Park Committee Due to Redistricting.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 2, 6.
Proposed Actions:
(O-2023-62)
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, November 15, 2022
Introduction of an Ordinance amending Chapter 2, Article 6, Division 00 of the San Diego Municipal Code by retitling and amending sections 26.30 and 26.31, relating to Parks and Recreation Advisory Boards.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on October 19, 2022.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Cate, to recommend Council approval of staff recommendation.
VOTE: 4-0; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Cate-yea, Campillo-not present.
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 52: First Amendment to the Amended and Restated Park Development and Reimbursement Agreement (First Amendment) Between the City of San Diego and Tri Pointe Homes IE-SD, Inc. for Project No. P-2 Dennery Ranch Neighborhood Park in the Otay Mesa Community.
Total Estimated Cost of Proposed Action and Funding Source:
Capital improvement project RD-22001 will be increased by this First Amendment in the amount of $6,900,000. Funds will be provided by the Otay Mesa FBA Fund.
Council District(s) Affected: 8.
Proposed Actions:
(O-2023-48)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Amended and Restated Park Development and Reimbursement Agreement (First Amendment) between the City of San Diego and Tri Pointe Homes IE-SD, Inc. for Project No. P-2 Dennery Ranch Neighborhood Park project in the Otay Mesa community.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on September 14, 2022.
Tuesday, November 15, 2022
ACTION: Motion by Committee Member Campbell, second by Committee Member Montgomery Steppe to recommend Council approval of staff's proposed actions.
VOTE 3-0; LaCava-yea, Campbell-yea, Montgomery Steppe-yea, von Wilpertnot present.
Planning: Gaetano Martedi, (619) 533-3678
City Attorney Contact: Shannon Eckmeyer
Item 53: Amendment to Lighting Controls Services Agreement with Current Powered by GE and Master Lease Agreement with GE Government Finance.
Total Estimated Cost of Proposed Action and Funding Source:
See Fiscal Considerations section of Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-73)
Introduction of an Ordinance authorizing (1) a First Amendment to the GE Intelligent Cities Purchase and Service Agreement between the City of San Diego and Current Lighting Holdco, Inc; and (2) a First Amendment to the California Master Lease Agreement Between the City of San Diego and GE HFS, LLC
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 Sustainability and Mobility: Lindsey Hawes, (858) 627-3352 City Attorney Contact: Frederick M. Ortlieb
Item S501: Request to Exempt Two Program Coordinator Positions in the Planning Department from Classified Service. (Added 11/10/22)
Tuesday, November 15, 2022
Total Estimated Cost of Proposed Action and Funding Source:
No fiscal impact with this action. Any FY 2023 costs will be covered by salary savings. The position will be requested for appropriation as part of the FY 2024 budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-84)
Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Planning Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on November 3, 2022. The first Program Coordinator position will oversee the implementation of Council Policy 600-24 and ensure community planning groups are accessible and inclusive. The second Program Coordinator position will oversee the procurement, development, testing, and implementation of systems and applications needed to record community planning group membership, elections, documents, and activities. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Planning: Marco Camacho, (619) 235-5216
City Attorney Contact: Miguel Merrell
Tuesday, November 15, 2022
ADOPTION AGENDA
Item 54: 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:
Adopt the following Ordinance which was introduced on 11/1/2022, Item 50:
(Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
(O-2023-65)
Ordinance authorizing the Mayor, or his designee, to enter into an Agreement with Life Technologies Corporation, in an amount not to exceed $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
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, November 15, 2022
Item 55: Approval of the First Amendment to the CALNET Legacy Cooperative Procurement Contract Between the City of San Diego and AT&T 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:
Adopt the following Ordinance which was introduced on 11/1/2022, Item 51:
(Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
(O-2023-68)
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
Tuesday, November 15, 2022
Item 56: 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:
Adopt the following Ordinances which were introduced on 11/1/2022, Item 52, Subitem-A and Subitem-B: (Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
Subitem-A: (O-2023-66)
Ordinance authorizing financing from the State Water Resources Control Board in a principal amount that is currently expected not to exceed $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)
Ordinance authorizing financing from the State Water Resources Control Board in a principal amount that is currently expected not to exceed $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
Tuesday, November 15, 2022
Item 57: 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.
Proposed Actions:
Adopt the following Ordinance which was introduced on 11/1/2022, Item 53:
(Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
(O-2023-56)
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, incustody 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 58: Third Amendment to Agreement with C&S Engineers, Inc (H166649) for Airport Master Plan Studies for Montgomery-Gibbs Executive and Brown Field Airports.
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:
Adopt the following Ordinance which was introduced on 11/1/2022, Item S500:
(Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
(O-2023-70)
Tuesday, November 15, 2022
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.
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
Item 59: 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:
Adopt the following Ordinance which was introduced on 11/1/2022, Item 62, Subitem-B (Council voted 7-0, Councilmember LaCava and Councilmember Moreno-not present):
(O-2023-71)
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.
Tuesday, November 15, 2022
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
Tuesday, November 15, 2022
ADOPTION AGENDA
Item 60: Agreements Between the City and the East County Advanced Water Purification Joint Powers Authority Related to the Design, Construction and Reimbursement for the East County Residuals Line and the East Mission Gorge Force Main Rehabilitation, the Operations and Maintenance of the East County Residuals Line, and the Sale of the East Mission Gorge Pump Station Property and Grant of an Easement.
Total Estimated Cost of Proposed Action and Funding Source:
Please see Staff Report for Fiscal Considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-247)
Resolution stating for the record that the City Council has reviewed and considered the information contained in the Final Subsequent Initial Study/Mitigated Negative Declaration for the East County Advanced Water Purification Project, and has adopted the pertinent mitigation measures in the Mitigation, Monitoring and Reporting Program under the California Environmental Quality Act, before considering the discretionary approval of actions related to implementation of the project.
Subitem-B: (O-2023-80)
Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into Agreements with the East County Advanced Water Purification Joint Powers Authority related to the Design, Construction and Reimbursement for the East County Residuals Line and the Rehabilitation of the East Mission Gorge Force Main, and the Operation and Maintenance of the East County Residuals Line, and related actions.
6 votes required pursuant to Charter Section 99.
Subitem-C: (R-2023-246)
Resolution authorizing the City’s sale of the real property located at 8810 Mission Gorge Road and subsurface easements through adjacent City-owned real property identified as portions of Assessor's Parcel Numbers 383-080-03 and 383-080-04 and related actions.
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, November 15, 2022
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 27, 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 Public Utilities: Juan Guerreiro, (858) 292-6436
City Attorney Contact: Melissa D. Ables
Item 61: Fourth Amendment to Agreement (H084434) for the Purchase and Sale of Biogas and Fifth Amendment to Agreement (H084247) for BUDG Site Lease with Watonga RNG 1, LLC.
Total Estimated Cost of Proposed Action and Funding Source:
This is a revenue generating item and there is no cost to the City for the proposed actions. Public Utilities revenues associated with this amendment from the sale of Point Loma Treatment Plant digester gas is approximately $250,000, annually or approximately $1 million, for the next 4 years.
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2023-187)
Resolution determining that amendments to the project agreements for the Beneficial Use of Digester Gas Facility at the Point Loma Wastewater Treatment Plant are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15031 relating to existing facilities.
Subitem-B: (O-2023-63)
Introduction of an Ordinance authorizing: (1) a Fourth Amendment to the Agreement (H084434) for the Purchase and Sale of Biogas between the City of San Diego as Seller and Watonga RNG 1 LLC as Buyer; and (2) a Fifth Amendment to the Beneficial Use of Digester Gas Facility Site Lease (H084247) at the Point Loma Wastewater Treatment Plant between the City of San Diego as Lessor and Watonga RNG 1 LLC as Lessee.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
Tuesday, November 15, 2022
This item was heard at the Environment Committee meeting on October 13, 2022.
ACTION: Motion by Committee Member Campillo, second by Vice Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE 3-0: LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.
Public Utilities: Chisti Dadachanji, (858) 829-2642
City Attorney Contact: Frederick M. Ortlieb
Tuesday, November 15, 2022
ADOPTION AGENDA
Item 100: Approval of a Consultant Contract Between the City of San Diego and Jones Lang LaSalle Americas, Inc., for Office Space Optimization in the Downtown Civic Center Core Area.
Total Estimated Cost of Proposed Action and Funding Source:
Estimated cost is $725,000, from the General Fund.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-244)
Resolution approving a consulting contract for an amount not-to-exceed $725,000, and a term not-to-exceed five years with Jones Lang LaSalle Americas, Inc., for City office space optimization in the Downtown Civic Core area.
Committee Actions Taken:
This item was heard at the Land Use and Housing Commitee meeting of October 20, 2022.
ACTION: Motion by Committee Member Whitburn, second by Committee Member Cate, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, Whitburn-yea, Cate-yea, Moreno-not present.
Department of Real Estate and Airport Management: Niki Chalfant, (619) 384- 5250
City Attorney Contact: Delmar Williams
Item 101: Award a Sole Source Contract Amendment No. 5 to ADS Corp. for Wastewater Flow Monitoring Equipment, Software and Services.
Total Estimated Cost of Proposed Action and Funding Source:
The total proposed cost for ADS Amendment No. 5 in the amount of $624,993.68, in total, estimated to be $244,131.72, from the Muni Sewer Revenue Fund, and $380,861.96, from the Metro Sewer Utility Fund. The Amendment No. 5 increases the total value of ADS contract to $3,602,600, (Initial contract amount plus Amendments 1 through 5), to continue the essential services until the new contract is approved by City Council.
Council District(s) Affected: Citywide.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, November 15, 2022
Proposed Actions:
Subitem-A: (R-2023-200)
Resolution determining that the Project is categorically exempt from CEQA, under CEQA Guidelines sections 15301(B) (Existing Facilities) and 15306 (Information Collection), and that an exception to the exemptions as set forth in CEQA Guidelines section 15300.2 would not apply.
Subitem-B: (R-2023-201)
Resolution authorizing the Mayor to sign the Fifth Amendment to the Agreement with ADS Corporation for Temporary Wastewater Flow Monitoring Equipment, Software and Services, in an amount not-to-exceed $624,993.68, for a cumulative Agreement total not-to-exceed $3,602,600.00, under the terms and conditions as set forth in the Agreement.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 13, 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, Campillo-yea, Campbell-not present.
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Ray Palmucci
Item 102: First Amendment to the Workers' Compensation Managed Care Services Contracts.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the Fiscal Considerations section of the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-212)
Resolution approving First Amendments to four contracts related to managed care services for the City of San Diego's Workers' Compensation Program, authorizing the Mayor, or his designee, to execute the contract amendments, and authorizing increased funding for the contract amendments.
Committee Actions Taken:
Tuesday, November 15, 2022
This item was heard at the Budget and Government Efficiency Committee on October 19, 2022
ACTION: Motion by Committee Member Montgomery Steppe, second by Vice Chair Elo-Rivera to recommend Council approval of staff's proposed actions.
VOTE 3-0: Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-not present.
Risk Management: Joseph Sousa, (619) 236-5958
City Attorney Contact: Joan F. Dawson
Item 103: Resolution Approving a Side Letter Agreement Between the City of San Diego and the Municipal Employees Association to Amend Article 47 of the Memorandum of Understanding Related to Holiday Pay for Dispatchers and Golf Operations Division Employees.
Total Estimated Cost of Proposed Action and Funding Source:
There are no known fiscal impacts.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-233)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 47 of the Memorandum of Understanding related to holiday pay for Dispatchers and Golf Operations Division Employees.
6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 236-6339
City Attorney Contact: Miguel Merrell
Item 104: Resolution Approving a Side Letter Agreement Between the City of San Diego and the American Federation of State, County and Municipal Employees AFL-CIO, Local 127, to Amend Article 24 of the Memorandum of Understanding Related to Holiday Pay for the Golf Operations Division in the Parks and Recreation Department.
Total Estimated Cost of Proposed Action and Funding Source:
Tuesday, November 15, 2022
There are no known fiscal impacts.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-234)
Resolution approving a Side Letter Agreement between the City of San Diego and the American Federation of State, County, and Municipal Employees, AFLCIO, Local 127, to amend Article 24 of the Memorandum of Understanding related to holiday pay for the Golf Operations Division in the Parks and Recreation Department.
6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 236-6339
City Attorney Contact: Miguel Merrell
Item 105: Authorization to Receive $500,000, in Fiscal Year 2022 Housing and Urban Development/EDI Appropriations Community Project Funds for Balboa Park Starlight Bowl ADA Facility Enhancements.
Total Estimated Cost of Proposed Action and Funding Source:
$500,000, in federal grant funds and $100,000, in General Funds for Balboa Park Starlight Bowl ADA Facility Enhancements.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-169)
Resolution authorizing the Mayor, or his designee, to make applications to the Department of Housing and Urban Development Economic Development Initiative for the purposes of Community Project Funding and take all necessary actions to secure funding in an amount not-to-exceed $500,000, for the Balboa Park Starlight Bowl ADA Improvement Project (Project), and related actions; Authorizing the Chief Financial Officer to increase Capital Improvements Program (CIP) Budget CIP S23009, and to accept, appropriate and expend an amount not-to-exceed $500,000; to transfer appropriations of $100,000 from General Fund 100000, 1714 Parks and Recreation, to Fund 400265, General Fund Contributions; and to increase CIP Budget CIP S23009, Starlight Bowl Improvement, and to appropriate and expend an amount not-to-exceed $100,000, from Fund 400265, General Fund Contributions, for the development Tuesday, November 15, 2022
of the Balboa Park Starlight Bowl ADA Improvement Project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.
Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
Item 106: Resolution of Intent to Explore a Partnership with the County of San Diego to Form an Enhanced Infrastructure Financing District to Fund Improvements Along the San Diego River, and to form a Joint Powers Authority, Special District, or Benefit Assessment District to Fund Ongoing Operations and Maintenance.
Total Estimated Cost of Proposed Action and Funding Source:
The adoption of a resolution of intent does not have any immediate fiscal impact.
Council District(s) Affected: 2, 3, 7, 9.
Proposed Actions:
(R-2023-255)
Resolution supporting the exploration of a partnership with the County of San Diego to form an Enhanced Infrastructure Financing District and to form a Joint Powers Authority, special district, or benefit assessment district to be used for San Diego River Park improvements, ongoing restoration, operations, and maintenance.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 27, 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.
Council District 7: Sanna Loando, (619) 510-6889
City Attorney Contact: Marco A. Verdugo
Item 107: Adopting an Amended Conflict of Interest Code for the Public Utilities Department.
Tuesday, November 15, 2022
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-2023-180)
Resolution of the Council of the City of San Diego adopting an amended Conflict of Interest Code for the Public Utilities Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Public Utilities: Yvonne Blantz, (858) 614-4520
City Attorney Contact: Jose A. Garcia
Item 108: Adopting an Amended Conflict of Interest Code for the Office of the Chief Operating Officer.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-225)
Resolution adopting an amended Conflict of Interest Code for the Office of the Chief Operating Officer and Administration.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the Chief Operating Officer: Kristina Peralta, (619) 236-6214 City Attorney Contact: Hilda R. Mendoza
Item 109: Biennial Update of Conflict of Interest Code for Debt Management Department.
Total Estimated Cost of Proposed Action and Funding Source:
No costs associated with proposed action.
Tuesday, November 15, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-207)
Resolution adopting an amended Conflict of Interest Code for the Debt Management Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Debt Management: Samantha Weisman, (619) 533-6491
City Attorney Contact: Hilda R. Mendoza
Item 110: Adopting an Amended Conflict of Interest Code for the Library Department.
Total Estimated Cost of Proposed Action and Funding Source:
No fiscal considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-251)
Resolution adopting an amended Conflict of Interest Code for the Library Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Library: Misty Jones, (619) 236-5870
City Attorney Contact: Jose A. Garcia
Item 111: Adopting an Amended Conflict of Interest Code for the Economic Development Department.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Tuesday, November 15, 2022
Proposed Actions:
(R-2023-250)
Resolution adopting an amended Conflict of Interest Code for the Economic Development Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Hilda R. Mendoza
Item 112: Adopting a Conflict of Interest Code for the Department of Real Estate and Airport Management.
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-2023-183)
Resolution adopting a Conflict of Interest Code for the Real Estate and Airport Management Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Jorge Rubio, (858) 573-1441 City Attorney Contact: Hilda R. Mendoza
Item 113: Adopting an Amended Conflict of Interest Code for the San Diego Convention Center Corporation.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-243)
Tuesday, November 15, 2022
Resolution adopting an amended Conflict of Interest Code for the San Diego Convention Center Corporation.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
San Diego Convention Center Corporation: Pat Evans, (619) 782-4383 City Attorney Contact: Hilda R. Mendoza
Item 114: Settlement of 4150 National Avenue, LLC v. City of San Diego, San Diego Superior Court Case No. 37-2019-00040972-CU-EI-CTL, Risk No. 21140.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $423,689.52, will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-196)
Resolution authorizing the settlement of 4150 National Avenue, LLC v. City of San Diego, San Diego Superior Court Case No. 37-2019-00040972-CU-EI-CTL, related to damages sustained due to flooding into its property at 4150 National Avenue on December 6, 2018. Risk Claim No. 21140.
Committee Actions Taken: N/A
Office of the City Attorney: Catherine L. Turner, (619) 533-6486 Item 115: Settlement of Gregory Montoya, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2019-00047134-CU-EI-CTL, Risk No. 21139.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $209,000, will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-194)
Resolution authorizing the settlement of Gregory Montoya, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2019-00047134-CU-EI-CTL, related to damages sustained due to flooding of their properties at 3674, 3684, Tuesday, November 15, 2022
3686, 3694, 2696, and 3758 Beta Street on December 6, 2018. Risk Claim No. 21139.
Committee Actions Taken: N/A
Office of the City Attorney: Catherine L. Turner, (619) 533-6486 Item 116: Settlement of Tina Patterson v. City of San Diego, San Diego Superior Court Case No. 37-2018-00037189-CU-OE-CTL, Risk No. 18128.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $88,000.00, will be paid from the Water Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-133)
Resolution authorizing the settlement of Tina Patterson v. City of San Diego, San Diego Superior Court Case No. 37-2018-00037189-CU-OE-CTL, related to a claim for damages resulting from an alleged failure to timely respond to complaints regarding harassment by a former co-worker. Risk Claim No. 18128.
Committee Actions Taken: N/A
Office of the City Attorney: Paul James, (619) 533-5454 Item 117: Settlement of Stephanie Scudder v. City of San Diego, San Diego Superior Court Case No. 37-2020-00041883-CU-PO-CTL, Risk Claim No. 25032.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $225,000.00, will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-193)
Resolution authorizing the settlement of Stephanie Scudder v. City of San Diego, San Diego Superior Court Case No. 37-2020-00041883-CU-PO-CTL, related to injuries sustained in a trip and fall that occurred on December 8, 2019, at 1454 Garnet Avenue, San Diego, California. Risk Claim No. 25032.
Tuesday, November 15, 2022
Committee Actions Taken: N/A
Office of the City Attorney: Lucy A. Manfre, (619) 533-5651 Item 118: Appointment to the Mobility Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 7.
Proposed Actions:
(R-2023-215)
Resolution confirming the Mayor's appointment of Dr. Steven Gelb to the Mobility Board for a term expiring February 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 119: Honorary Street Name: Cecil Steppe of 47th Street Between Hilltop Drive and "C" Street Pursuant to San Diego Municipal Code Section 125.1130 and Council Policy 200-10.
Total Estimated Cost of Proposed Action and Funding Source:
$850.00, District 4 Operating Fund
Council District(s) Affected: 4.
Proposed Actions:
(R-2023-253)
Resolution designating the 900 block of 47th Street, between Hilltop Drive and C Street, in the Chollas View community as Cecil Steppe Street.
Committee Actions Taken: N/A
Council District 4: Bruce Williams, (619) 236-6644
City Attorney Contact: Ryan P. Gerrity
Tuesday, November 15, 2022
Item 120: Honorary Street Name: Recognition of Nicole Murray Ramirez on the 1600 Block of Harvey Milk Street According to San Diego Municipal Code Section 125.1130, “Honorary Street Names,” and Council Policy 200-10, “Honorary Street Names.”
Total Estimated Cost of Proposed Action and Funding Source:
The cost estimate for the installation of two honorary street signs is $800.
Council District(s) Affected: 3.
Proposed Actions:
(R-2022-254)
Resolution designating the 1600 block of Harvey Milk Street, between Centre Street and Normal Street, in the Hillcrest community as Nicole Murray Ramirez Way.
Committee Actions Taken: N/A
Council District 3: Madeleine Baudoin, (619) 510-6877
City Attorney Contact: Ryan P. Gerrity
Tuesday, November 15, 2022
Item 121: Approval of the Amended Master Records Schedule.
Total Estimated Cost of Proposed Action and Funding Source:
None.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-154)
Resolution approving an Amended Citywide Master Records Schedule.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on September 21, 2022.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Cate-yea, Campillo-yea.
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 City Attorney Contact: Hilda R. Mendoza
Item 122: Annual Presentation of the City Treasurer's Investment Policy and Delegation of Authority to the City Treasurer to Invest Funds.
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-2023-151)
Resolution receiving and accepting the City Treasurer's 2023 Investment Policy for the Pooled Investment Funds and authorizing the City Treasurer to invest the City's funds for Calendar Year 2023.
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 Montomery Steppe, to recommend Council approval of staff's proposed actions.
Tuesday, November 15, 2022
VOTE: 3-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-not present.
Office of the City Treasurer: Kent Morris, (619) 533-6253 City Attorney Contact: Bret A. Bartolotta
Item 123: First Amendment to the Agreement with PATH San Diego for Coordinated Street Outreach Program Services.
Total Estimated Cost of Proposed Action and Funding Source:
The Agreement with PATH San Diego will be amended to include an additional $475,000 in flexible funds. Of the $475,000, $350,000 will come from HHAP 2.0 grant funds while the remaining $125,000 will come from the HHAP 1.0 grant funds.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-223)
Resolution authorizing the Mayor, or his designee, to execute a First Amendment to the agreement with People Assisting the Homeless San Diego (PATH San Diego) for coordinated street outreach program services and related actions.
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 Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, Whitburn-yea, Cate-yea, Moreno-not present.
Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Heather Ferbert
Item 124: First Amendment to the Agreement with Downtown San Diego Partnership Foundation for the Family Reunification Program.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Tuesday, November 15, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-224)
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the agreement with the Downtown San Diego Partnership Foundation for family reunification program services.
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 Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, Whitburn-yea, Cate-yea, Moreno-not present.
Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Heather Ferbert
Item S503: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953. (Added 11/10/22)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-272)
Resolution reconsidering the circumstances of the state of emergency related to Covid-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council President’s Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Leslie FitzGerald
Tuesday, November 15, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Robert Smothers Day.
MAYOR GLORIA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
Proclaiming December 2, 2022, to be “Robert Smothers Day” in the City of San Diego.
Item 31: Healthcare Worker Wellbeing Day.
COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPBELL, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming November 15, 2022 to be “Healthcare Worker Wellbeing Day” in the City of San Diego.
Item 32: Pancreatic Cancer Awareness Month.
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming November 2022 to be “Pancreatic Cancer Awareness Month” in the City of San Diego.
Item 33: Young Black & N’ Business Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming December 4th, 2022 to be “Young Black & N’ Business Day” in the City of San Diego.
Item 34: Ramin Pourteymour Day.
COUNCILMEMBER CATE'S RECOMMENDATION:
Proclaiming November 16, 2022, as “Ramin Pourteymour Day” in the City of San Diego.
Tuesday, November 15, 2022
Item 35: Roger Odiorne Day.
COUNCILMEMBER CATE'S RECOMMENDATION:
Proclaiming November 17, 2022, as “Roger Odiorne Day” in the City of San Diego.
Item 36: Indochinese Association of San Diego Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming November 26, 2022 to be “Indochinese Association of San Diego Day” in the City of San Diego.
Item S500: SDSU 125th Anniversary Day. (Added 11/10/22) COUNCIL PRESIDENT ELO-RIVERA'S AND COUNCILMEMBER LACAVA’S RECOMMENDATION:
Proclaiming November 5, 2022 to be “SDSU 125th Anniversary Day” in the City of San Diego. (Rev. 11/10/22)
Item S504: Runaway and Homeless Youth Prevention Month. (Added 11/10/22) COUNCILMEMBER LACAVA AND COUNCILMEMBER VON WILPERT’S
RECOMMENDATION:
Proclaiming November 2022 to be “Runaway and Homeless Youth Prevention Month” in the City of San Diego.
Tuesday, November 15, 2022
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM THE CONSENT AGENDA
PUBLIC COMMENT ON CLOSED SESSION
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.) Per Rule 2.6.2, non-agenda public comment is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes, during the morning session. Non-agenda public comment at the beginning of the meeting may be limited to 30 minutes, with any remaining speakers given an opportunity to speak after Council concludes the other agenda items for the day.
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
Tuesday, November 15, 2022
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: Authorization for the Public Facilities Financing Authority of the City of San Diego 2023 Lease Revenue Bonds.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Please see "Fiscal Considerations" section of Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2023-64)
Introduction of an Ordinance authorizing the issuance and sale in one or more series of the Public Facilities Financing Authority of the City of San Diego’s lease revenue bonds in a total aggregate principal amount not-to-exceed $175,000,000; 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.
Subitem-B: (R-2023-195)
Resolution declaring the City’s intent to use proceeds of indebtedness to reimburse itself for eligible expenditures advanced by the City.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee on October 19, 2022.
ACTION: Motion by Chair Cate, second by Vice Chair Elo-Rivera 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: Richard Eyre, (619) 236-6899
City Attorney Contact: Bret A. Bartolotta
DISCUSSION, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, November 15, 2022
Item 331: Single Use Plastic Reduction Ordinance: Final Environmental Impact Report and Ordinance Recommendations.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-239)
Resolution certifying Environmental Impact Report sch. no. 2020120099 and adopting the findings, and statement of overriding considerations for the Single Use Plastic Reduction Ordinance.
Subitem-B: (O-2023-77)
Introduction of an Ordinance amending Chapter 6, Article 6, by repealing Division 9, titled “Single Use Plastic Reduction,” by repealing sections 66.0901,
66.0902, 66.0903, 66.0904, 66.0905, 66.0906, and 66.0907, relating to single use plastic reduction.
Subitem-C: (O-2023-76)
Introduction of an Ordinance amending Chapter 6, Article 6, by adding new Division 9, titled “Single Use Plastic Reduction,” by adding new sections 66.0901,
66.0902, 66.0903, 66.0904, 66.0905, 66.0906, and 66.0907, relating to single use plastic reduction.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 27, 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.
Environmental Services: Matthew Cleary, (858) 573-1214
City Attorney Contact: Noah Brazier
Item 332 has been moved to Noticed Hearings. (Rev. 11/9/22) Tuesday, November 15, 2022
ADOPTION AGENDA
Item 333: Declare Certain City-Owned Real Property Located at 1320 Broadway, North Side of Broadway Between 13th and 14th Streets (APN 534-205-08) in the East Village Neighborhood of Downtown, “Exempt Surplus Land” in Accordance with California Government Code Sections 54220-54234, and Approving a Related Waiver of Council Policy 700-10.
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 is limited to declaring the Property exempt surplus land. No financial considerations are associated with this specific action.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-248 Cor. Copy)
Resolution of the Council of the City of San Diego declaring that 1320 Broadway in San Diego, California is exempt surplus land and approving a related waiver of Council Policy 700-10.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, November 15, 2022
Item S502: First Implementation Agreement with SDEEC LLC for the San Diego Energy Equity Campus at the Valencia Business Park (5515-5565 Stevens Way). (Added 11/10/22)
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 with this action.
Council District(s) Affected: 4.
Proposed Actions:
(R-2023-271)
Resolution of the Council of the City of San Diego approving a First Amendment to the Disposition and Development Agreement between the City of San Diego and SDEEC LLC for the Valencia Business Park site in the Encanto Neighborhood Community Planning Area.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
Item S503 was moved to Consent. (Rev. 11/10/22)
ADOPTION AGENDA
Item 334: California Terraces PA61 (Lot 1) – Project No. 690358.
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 with this action. All costs related to processing this project are covered by a deposit account maintained by the applicant.
Council District(s) Affected: 8.
Proposed Actions:
DISCUSSION, NOTICED HEARINGS:
Tuesday, November 15, 2022
The Project includes a Master Planned Development Permit (MPDP), Neighborhood Development Permit (NDP), Vesting Tentative Map (VTM), Site Development Permit (SDP), Rezone, and Community Plan Amendment to amend the previously approved MPDP, NDP, VTM, & SDP to construct 79 multi-family dwelling units in 12 buildings totaling 165,593 square feet. The 4.46-acre site is located on the southeast corner of the intersection of Caliente Avenue and Otay Mesa Road, north of State Route 905 within the CC-1-3 and AR-1-1 zone of the Northwest District of the Otay Mesa Community Planning area. The project qualifies for the City's Expedite Program since 8 out of the 79 units or 10% of the units will be designated as affordable.
Subitem-A: (R-2023-235)
Resolution adopting Addendum No. 690358 to Program Environmental Impact Report No. 30330/304032 / SCH NO. 2004651076 and Mitigation, Monitoring, and Report Program.
This item is not subject to the Mayor's veto.
Subitem-B: (R-2023-236)
Resolution Adopting an Amendment to the General Plan to Redesignate a 4.46- acre site from Commercial Employment, Retail & Services to Residential and an Amendment to Otay Mesa Community Plan from Community CommercialResidential Prohibited to Residential-Medium 15-29 dwelling units.
This item is not subject to the Mayor's veto.
Subitem-C: (R-2023-237)
Resolution Approving Master Planned Development Permit No. 2568951, Site Development Permit No. 2568962, and Neighborhood Development Permit No. 2568963.
This item is not subject to the Mayor's veto.
Subitem-D: (R-2023-238)
Resolution approving Vesting Tentative Map No. 2568950.
This item is not subject to the Mayor's veto.
Subitem-E: (O-2023-75)
Introduction of an Ordinance changing 4.46 acres located with the Otay Mesa Community Plan area from CC-1-3 (Commercial-Community) and AR-1-1 (Agricultural-Residential) Zones into the RM-2-5 (Residential-Multiple Unit) Zone. (Rev. 11/14/22)
Tuesday, November 15, 2022
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: Corrine Neuffer
Item 335: PRJ-1054295: 7720 Kenamar Court Rezone.
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 with this action. All costs are recovered through a deposit account funded by the applicant.
Council District(s) Affected: 6.
Proposed Actions:
An application for the rezone of a site located at 7720 Kenamar Court from the IL-2-1 Zone into the IL-3-1 Zone (Industrial-Light Zones). The 2.8-acre site is in the IL-2-1 Zone within the Mira Mesa Community Plan area.
Subitem-A: (R-2023-229)
Resolution determining that the 7720 Kenamar Court Rezone Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines.
Subitem-B: (O-2023-74)
Introduction of an Ordinance changing 2.8 acres located at 7720 Kenamar Court within the Mira Mesa Community Plan Area, in the City of San Diego, from the IL-2-1 zone into the IL-3-1 zone, as defined by San Diego Municipal Code section 131.0603 and repealing Ordinance No. O-18451 (New Series), adopted December 9, 1997, of the Ordinances of the City of San Diego insofar as the same conflict herewith. (Rev. 11/14/22)
Committee Actions Taken: N/A
Development Services: Xavier Del Valle, (619) 557-7941
City Attorney Contact: Lindsey Sebastian
Tuesday, November 15, 2022
Item 336: Proposed San Diego Municipal Code Amendments to Section 141.0504 Related to Redistricting and the Automatic Extension of Conditional Use Permits Related to Cannabis Operations.
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 costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-61)
Introduction of an Ordinance amending Chapter 14, Article 1, Division 5 by amending section 141.0504 relating to redistricting and conditional use permit extensions for cannabis outlets. (Rev. 11/14/22)
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee on September 22, 2022.
ACTION: Motion by Committee Member Whitburn, second by Committee Member Cate, to recommend Council approval of staff's proposed actions.
VOTE 3-0; LaCava-yea, Whitburn-yea, Cate-yea, Moreno-not present.
Development Services: Lara Gates, (619) 533-5107
City Attorney Contact: Noah Brazier
Item 332: Tax Equity & Fiscal Responsibility Act Resolution – Cortez Hill Apartments.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Note: For the purposes of this item, a federally mandated toll-free number is available for members of the public to offer public comments. The tollfree number is 833-568-8864; Meeting ID 161 170 3951.
This toll-free number is in addition to the customary public comment phone number that is available to the public during every item. It does not replace that number. Both of these numbers will be available for the public to utilize during the public comment period for this item.
Tuesday, November 15, 2022
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: 3. (Rev. 11/10/22)
Proposed Actions:
(R-2023-240)
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for Cortez Hill Apartments pursuant to section 147(f) of the Internal Revenue Code of 1986.
Committee Actions Taken: N/A
Housing Commission: Jennifer Kreutter, (619) 578-7709
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of November 15, 2022 for a companion item. This is a TEFRA hearing item.
Tuesday, November 15, 2022
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT