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, December 06, 2022
Tuesday, December 06, 2022
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, DECEMBER 06, 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, December 06, 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, December 06, 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, December 06, 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.”
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.
Tuesday, December 06, 2022
OTHER LEGISLATIVE MEETINGS
PUBLIC FACILITIES FINANCING AUTHORITY is scheduled to meet today in the Council Chambers. A separate agenda is published for it, and is available in the Office of the City Clerk.
For more information, please contact Bret Bartolotta at (619) 533-5894. Internet access to the agenda is available at:
https://www.sandiego.gov/city-clerk/officialdocs/legisdocs/pffa
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF COUNCIL MINUTES
10/10/2022
10/11/2022
10/17/2022
10/18/2022
10/24/2022 Adjourned
10/25/2022 Adjourned
Tuesday, December 06, 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: First Amendment to Contract with Vulcan Materials Company for Disposal Sites for Excavated Material in Any Combination (ITB 10058074-16-L).
Total Estimated Cost of Proposed Action and Funding Source: Authorization of this first amendment increases the not-to-exceed amount of the original asneeded agreement by $1,157,000 to a total of $10,619,928 over the 74-month term which expires in August 2022. Funds will come from the City's Water Fund, Muni Fund, and General Fund. See Staff Report for detailed fiscal considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-78)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the five-year contract with Vulcan Materials Company (ITB 10058074-16-L), for the disposal of excavated material, to retroactively extend the effective term from June 25, 2021 to August 14, 2022, in the additional amount of $1,157,000, for a total not-to-exceed contract amount of $10,619,928.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Commitee meeting of October 27, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Public Utilities: William Curcio, (619) 908-2555
City Attorney Contact: Ray Palmucci
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, December 06, 2022
Item 51: Exemption of One (1) Program Coordinator Position in the Performance & Analytics Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
This position was budgeted in the FY 2023 adopted budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-89)
Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the City's Performance and Analytics Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on October 6, 2022. This Program Coordinator position will be responsible for overseeing the City's Short-Term Rental Lottery and Compliance Program. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Performance & Analytics: Kirby Brady, (619) 236-5587
City Attorney Contact: Miguel Merrell
Item 52: Exemption of One Program Coordinator Position in the Department of Information Technology from Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The new unclassified one Program Coordinator position annual cost, including salaries and fringe benefits total approximately $160,000. Funds for this expense will be available in the Information Technology Fund. The position will be requested in the fiscal year 2024 budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-90)
Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the City's Department of Information Technology from the Classified Service, based on advisory review and favorable comment by the Tuesday, December 06, 2022
Civil Service Commission on September 1, 2022. This Program Coordinator position will be responsible for managing fiscal and administrative operations for the Department. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Miguel Merrell
Item 53: Extension of the Ontario Systems Contract for Maintenance and Support of the Revenue Plus Collector System Used for Citywide Debt Collection.
Total Estimated Cost of Proposed Action and Funding Source: This action is to extend the agreement for two years until December 31, 2024 and increase the not-to-exceed (NTE) amount by $500,000. To be funded from the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-82)
Introduction of an Ordinance authorizing the Seventh Amendment to Contract with Columbia Ultimate, Inc. for maintenance and support of the City's debt collections system.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Commitee meeting of November 3, 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
Office of the City Treasurer: Jonathan Carey, (619) 533-3610 City Attorney Contact: Bret A. Bartolotta
Tuesday, December 06, 2022
Item 54: Extension of the Elive (Formerly Compass Computer Systems) Contract for Annual Maintenance and Support of Compass Programs Used for Citywide Debt Collection.
Total Estimated Cost of Proposed Action and Funding Source: This action is to extend the agreement for two years until December 31, 2024 and increase the not-to-exceed (NTE) amount by $25,000. This will be funded by the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-81)
Introduction of an Ordinance authorizing the Third Amendment to Annual Support and License Agreement with Elive Corporation for software programs and support connected with the City's debt collections system. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting of November 3, 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.
Office of the City Treasurer: Jonathan Carey, (619) 533-3610 City Attorney Contact: Bret A. Bartolotta
Item 55: First Amendment to the Agreement with DNV GL Noble Denton USA, LLC for Water Modeling Software Licensing and Software Support Services.
Total Estimated Cost of Proposed Action and Funding Source: The total amount not-to-exceed for this action is $743,385.82, for the duration of two years. Funds are, or will be, available in the Water Utility Operating Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-72)
Tuesday, December 06, 2022
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a First Amendment to the Contract with DNV GL Noble Denton USA, LLC for water modeling and professional consulting services in an amount not-toexceed $2,493,385.82, and extending the term through August 2, 2024. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting of October 27, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Ray Palmucci
Tuesday, December 06, 2022
ADOPTION AGENDA
Item 56: Execute Amendment No. 2 to Original Construction Cooperative Agreement, #11-0717, with the California Department of Transportation, for the Purpose of Completing the Construction of the West Mission Bay Drive Bridge Project.
Total Estimated Cost of Proposed Action and Funding Source There are no costs associated with this Action.
Council District(s) Affected: 2.
Proposed Actions:
Adopt the following Ordinance which was introduced on 11/14/2022, Item 603 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-79)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to Cooperative Agreement #11-0717 with the California Department of Transportation (Caltrans), extending the contract through June 30, 2024 at no cost, in connection with the West Mission Bay Drive Bridge Project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Ryan P. Gerrity
Item 57 was moved to Ordinances to be Adopted with Resolutions to be Adopted.
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, December 06, 2022
Item 58: Modification to the Effective Date of the City's Sidewalk Vending Regulations Under Chapter 3, Article 6, Division 1 of the Municipal Code in the Coastal Overlay Zone and Amendments to Chapter 14, Article 1, Division 6 of the Municipal Code Relating to Pushcarts and Sidewalk Vendors.
Total Estimated Cost of Proposed Action and Funding Source: No fiscal impact related to removal of language requiring Coastal Commission approval.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinances which were introduced on 11/14/2022, Item 605, Subitem B and Subitem C (Council voted 8-0, Councilmember Moreno- not present):
Subitem-A: (O-2023-37)
Ordinance modifying the effective date of provisions of the Sidewalk Vending Regulations under Chapter 3, Article 6, Division 1, of the Municipal Code in the Coastal Overlay Zone.
Subitem-B: (O-2023-38)
Ordinance amending Chapter 14, Article 1, Division 6, of the Municipal Code by amending Section 141.0619 relating to pushcarts and sidewalk vendors. (Rev. 12/2/22)
Committee Actions Taken: N/A
Council District 2: Venus Molina, (619) 236-6622
City Attorney Contact: Ken So
Item 59: 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.
Tuesday, December 06, 2022
Proposed Actions:
Adopt the following Ordinance which was introduced on 11/15/2022, Item 50 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-67)
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 60: 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:
Adopt the following Ordinance which was introduced on 11/15/2022, Item 51 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-62)
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.
Tuesday, December 06, 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 61: 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:
Adopt the following Ordinance which was introduced on 11/15/2022, Item 52 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-48)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to 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.
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.
Tuesday, December 06, 2022
Planning: Gaetano Martedi, (619) 533-3678
City Attorney Contact: Shannon Eckmeyer
Item 62: 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:
Adopt the following Ordinance which was introduced on 11/15/2022, Item 53 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-73)
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 63: Agreements Between the City and the East County Advanced Water Purification Joint Powers Authority Related to the Design, Construction Tuesday, December 06, 2022
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:
Adopt the following Ordinance which was introduced on 11/15/2022, Item 60, Subitem B (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-80)
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.
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 64: 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 Tuesday, December 06, 2022
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:
Adopt the following Ordinance which was introduced on 11/15/2022, Item 61, Subitem B (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-63)
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:
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
Item 65: Request to Exempt Two Program Coordinator Positions in the Planning Department from Classified Service.
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.
Tuesday, December 06, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 11/15/2022, Item S501 (Council voted 8-0, Councilmember Moreno-not present):
(O-2023-84)
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
Item 66: Authorization for the Public Facilities Financing Authority of the City of San Diego 2023 Lease Revenue Bonds.
Total Estimated Cost of Proposed Action and Funding Source:
Please see "Fiscal Considerations" section of Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 11/15/2022, Item 330, Subitem A (Council voted 7-1, Councilmember von Wilpert-nay, Councilmember Moreno-not present):
(O-2023-64)
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 Tuesday, December 06, 2022
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 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
Item 67: Single Use Plastic Reduction Ordinance: Final Environmental Impact Report and Ordinance Recommendations.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinances which were introduced on 11/15/2022, Item 331, Subitem B and Subitem C (Council voted 7-1, Councilmember Cate-nay, Councilmember Moreno-not present):
Subitem-A: (O-2023-77)
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-B: (O-2023-76)
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.
Tuesday, December 06, 2022
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 68: California Terraces PA61 (Lot 1) – Project No. 690358.
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:
Adopt the following Ordinance which was introduced on 11/15/2022, Item 334, Subitem E (Council voted 8-0, Councilmember Moreno-not present):
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.
(O-2023-75)
Tuesday, December 06, 2022
Ordinance changing 4.46 acres located with the Otay Mesa Community Plan area from CC-1-3 (Commercial-Community) and AR-1-1 (AgriculturalResidential) Zones into the RM-2-5 (Residential-Multiple Unit) Zone.
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 69: PRJ-1054295: 7720 Kenamar Court Rezone.
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:
Adopt the following Ordinance which was introduced on 11/15/2022, Item 335, Subitem B (Council voted 8-0, Councilmember Moreno-not present):
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. (O-2023-74)
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.
Committee Actions Taken: N/A
Development Services: Xavier Del Valle, (619) 557-7941
City Attorney Contact: Lindsey Sebastian
Tuesday, December 06, 2022
Item 70: 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.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 11/15/2022, Item 336 (Council voted 7-1, Councilmember von Wilpert-nay, Councilmember Morenonot present):
(O-2023-61)
Ordinance amending Chapter 14, Article 1, Division 5 by amending section 141.0504 relating to redistricting and conditional use permit extensions for cannabis outlets.
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
ADOPTION AGENDA
Item 57: Amendments to Rules of Council.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
CONSENT, ORDINANCES TO BE ADOPTED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, December 06, 2022
Proposed Actions:
Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 11/14/2022, Item 604 (Council voted 8-0, Councilmember Moreno- not present):
Subitem-A: (O-2023-83 REV.)
Ordinance amending Chapter 2, Article 2, Division 1 of the San Diego Municipal Code by amending Section 22.0101 relating to the Rules of Council.
This item is not subject to the Mayor's veto. (Rev. 12/5/22) Subitem-B: (R-2023-293)
Resolution terminating temporary Rules of Council relating to time, place, and procedures for Council meetings in response to the Covid-19 emergency and temporary Rules of Council relating to the title and responsibilities of committee consultants and committee consultant’s assistants.
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on November 4, 2022.
ACTION: Motion by Chair Elo-Rivera, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Elo-Rivera-yea, LaCava-yea, Whitburn-yea, Cate-yea, Campillo-not present.
Council District 9: Haley Lesser, (619) 236-6699
City Attorney Contact: Amendments to Rules of Council
ADOPTION AGENDA
Item 100: Authorization for a First Amendment to the Contract with WestAir Gases & Equipment, Inc. (BID 10089356-18-J) to Purchase Liquid Oxygen for the City’s Water Treatment Plants, Public Utilities Department.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, December 06, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-249)
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with WestAir Gases & Equipment, Inc. for the purchase of liquid oxygen to allow for price increases related to costs of raw materials.
Committee Actions Taken:
This item was heard at the Environment Commitee meeting of October 27, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Public Utilities: Hooman Partow, (619) 533-7577
City Attorney Contact: Melissa D. Ables
Item 101: First Amendment to Contract with University of California San Diego (UCSD) to Provide Medical/Behavioral Health Direction and Clinical Oversight for Emergency Medical Services.
Total Estimated Cost of Proposed Action and Funding Source: The annual cost of medical director services and behavioral health services is $483,997 per year and we are budgeted in the Emergency Medical Services Transport Program Fund. The anticipated annual cost increase is 4.0%, contingent upon City's written approval. The total agreement not-to-exceed amount is $2,621,479 if all options to renew are exercised.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-289)
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with UCSD Medical Center to extend the term to September 19, 2027 and increase the total not-to-exceed amount to $2,621,479.
Tuesday, December 06, 2022
Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting of November 16, 2022.
ACTION: Motion by Chair Montgomery Steppe, 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.
Fire-Rescue: Colin Stowell, Fire Chief, (619) 533-4301
City Attorney Contact: Laura DePoister
Item 102: Authorize an Agreement with HDR Engineering, Inc. for Stormwater Capital Improvements Program Management and Engineering Design Services (H2226019).
Total Estimated Cost of Proposed Action and Funding Source: The not-toexceed cost of this item is $75,000,000 over five years funded from the Capital Improvement Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-296)
Resolution authorizing an agreement with HDR Engineering, Inc. for as-needed Stormwater Capital Improvement program management and engineering design services, in an amount not-to-exceed $75 million, over five years and related funding actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting of November 16, 2022.
ACTION: Motion by Committee Member Campbell, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppeyea.
Tuesday, December 06, 2022
Stormwater Department: Sumer Hasenin, (858) 541-4366
City Attorney Contact: Jerod Markley
Item 103: Authorize the Stormwater Department to Accept and Appropriate Funding for a California Department of Water Resources Grant for the Upper Auburn Creek Revitalization Project.
Total Estimated Cost of Proposed Action and Funding Source:
This grant will not require the expenditure of any City funds and there is no local matching cost share requirement.
Council District(s) Affected: 9.
Proposed Actions:
Subitem-A: (R-2023-241)
Resolution determining that negotiation and execution of a Department of Water Resources grant agreement, and acceptance, appropriation, and expenditure of grant funding for Upper Auburn Creek Revitalization Project for preliminary planning activities are exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15061(b)(3) and 15262.
Subitem-B: (R-2023-242)
Resolution authorizing negotiation and execution of a Department of Water Resources grant agreement, and acceptance, appropriation, and expenditure of grant funding for the Upper Auburn Creek Revitalization Project (S-22008).
Committee Actions Taken: N/A
Stormwater Department: Sumer Hasenin, (858) 541-4336
City Attorney Contact: Jeanne MacKinnon
Item 104: Authorize the Appropriation and Expenditure of $128 million of U.S.
Environmental Protection Agency Water Infrastructure Finance and Innovation Act (WIFIA) Program Loan Funds.
Total Estimated Cost of Proposed Action and Funding Source: The total cost will be $128M of the City of San Diego's Capital Improvement Fund Program as funded by the WIFIA loan.
Tuesday, December 06, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-294)
Resolution determining appropriation of $128 million in federal Water Infrastructure Finance and Innovation Act (WIFIA) loan funds and $32,543,000 in debt-funded General Fund Capital Improvement Program funds for the City's Stormwater Capital Improvement Program is exempt from the California Environmental Quality Act pursuant to sections 15262 and 15061(b)(3) of the CEQA Guidelines.
Subitem-B: (R-2023-295)
Resolution authorizing the Chief Financial Officer to increase the Stormwater Capital Improvement Program Budget, and to appropriate and expend an amount not-to-exceed $128 million in WIFIA loan funds and not-to-exceed $32,543,000 in debt-funded General Fund Capital Improvement Program funds for the purpose of stormwater capital improvement projects.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting of November 16, 2022.
ACTION: Motion by Committee Member Campbell, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppeyea.
Stormwater Department: Sumer Hasenin, (858) 541-4366
City Attorney Contact: Jerod Markley
Item 105: Fiscal Year 2022 Urban Area Security Initiative Grant Program.
Total Estimated Cost of Proposed Action and Funding Source: This action is to authorize the administration of $16,696,000 of Urban Area Security Initiative grant funding for San Diego Urban Area regional projects, a portion of which will be retained by the City of San Diego.
Council District(s) Affected: Citywide.
Tuesday, December 06, 2022
Proposed Actions:
(R-2023-231)
Resolution authorizing the Chief Financial Officer to increase the Fiscal Year 2022 Budget, and to accept, appropriate and expend an amount not-to-exceed $16,696,00, and any additional grant funding awarded under the Homeland Security Grant Program, contingent upon receipt of a fully executed Grant Agreement if the Grant Funding is secured.
Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting of November 16, 2022.
ACTION: Motion by Committee Member von Wilpert, second by Chair Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Montgomery Steppe-yea, von Wilpert-yea, Campillo-yea, Morenonot present.
Office of Emergency Services: Megan Beall, (619) 533-6764 City Attorney Contact: Lara Easton
Item 106: Revisions to the City of San Diego’s Reserve Policy.
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-2023-277)
Resolution amending Council Policy No. 100-20 Reserve Policy.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting of November 18, 2022.
Tuesday, December 06, 2022
ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Moreno, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea Department of Finance: Benjamin Battaglia, (619) 533-3717 City Attorney Contact: Bret A. Bartolotta
Item 107: Adopting an Amended Conflict of Interest Code for San Diego City Employees’ Retirement System (SDCERS)
Total Estimated Cost of Proposed Action and Funding Source:
No fiscal considerations
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-279)
Resolution Adopting an Amended Conflict of Interest Code for the San Diego City Employees' Retirement System.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Clerk: Johnny Tran, (619) 525-3644
City Attorney Contact: Jose A. Garcia
Item 108: Adopting an Amended Conflict of Interest Code for the Environmental 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-2023-265)
Tuesday, December 06, 2022
Resolution adopting an amended Conflict of Interest Code for the Environmental Services Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Environmental Services: Matthew Cleary, (858) 573-1214
City Attorney Contact: Jose A. Garcia
Item 109: Adopting an Amended Conflict of Interest Code for the Engineering & Capital Projects Department.
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-2023-258)
Resolution adopting an amended Conflict of Interest Code for the Engineering and Capital Projects Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Engineering & Capital Projects: Mark Gonzalez, (619) 533-4180 City Attorney Contact: Hilda R. Mendoza
Item 110: Adopting and Amended Conflict of Interest Code for the Performance & Analytics Department.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Tuesday, December 06, 2022
Proposed Actions:
(R-2023-222)
Resolution adopting an amended Conflict of Interest Code for the Performance & Analytics Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Performance & Analytics: Angela Wells, (619) 236-6163
City Attorney Contact: Jose A. Garcia
Item 111: Adopting an Amended Conflict of Interest Code for the Human Resources Department.
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-2023-256)
Resolution adopting an amended Conflict of Interest Code for the Human Resources Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Human Resources: Jeremy Culuko, (619) 395-6285
City Attorney Contact: Jose A. Garcia
Item 112: Adopting an Amended Conflict of Interest Code for the Planning Department.
Total Estimated Cost of Proposed Action and Funding Source:
Tuesday, December 06, 2022
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-262)
Resolution adopting an amended Conflict of Interest Code for the Planning Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Planning: Scott Mercer, (619) 533-3676
City Attorney Contact: Hilda R. Mendoza
Item 113: Adopting an Amended Conflict of Interest Code for the Police 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-2023-274 Cor. Copy) (Rev. 12/5/22)
Resolution adopting an amended Conflict of Interest Code for the San Diego Police Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Police: Venus Wong, (619) 531-2108
City Attorney Contact: Jose A. Garcia
Tuesday, December 06, 2022
Item 114: Adopting an Amended Conflict of Interest Code for the Purchasing & Contracting 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-2023-257)
Resolution adopting an amended Conflict of Interest Code for the Purchasing and Contracting Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Purchasing & Contracting: Claudia Abarca, (619) 236-5921 City Attorney Contact: Hilda R. Mendoza
Item 115: Settlement of Diane Noel Lloyd v. City of San Diego, San Diego Superior Court Case No. 37-2021-00048939-CU-PO-CTL, Claim No. 27270.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $500,000 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-264)
Resolution authorizing the settlement of Diane Noel Lloyd v. City of San Diego, San Diego Superior Court Case No. 37-2021-00048939-CU-PO-CTL, related to a claim for personal injuries sustained from an alleged dangerous condition in the roadway located on Clairemont Drive in the City of San Diego on December 30, 2020. Risk Claim No. 27270.
Committee Actions Taken: N/A
Tuesday, December 06, 2022
Office of the City Attorney: Dave E. Abad, (619) 533-5821 Item 116: Settlement of the San Diego Air Pollution Control District Notices of Violation at Fire-Rescue Training Facility and 101 Ash Street.
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:
Subitem-A: (R-2023-261)
Resolution determining that a Citywide Tree Planting Program is exempt from the California Environmental Quality Act Pursuant to sections 15304(b) (Minor Alterations to Land) of the CEQA Guidelines.
Subitem-B: (R-2023-232)
Resolution authorizing the settlement of the San Diego Air Pollution Control District’s Notice of Violations NOV APCD2019-NOV-000197, NOV APCD2019- NOV-000702, NOV APCD2020-NOV-000062, NOV APCD2020-NOV-000067, and NOV APCD2020-NOV-000100 alleging violations of the California Health and Safety Code and APCD Rules 51 and 1206 pertaining to alleged asbestos issues at the San Diego Fire-Rescue Training Facility and 101 Ash Street.
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Laura DePoister
Item 117: Settlement of Sriloga Kathirelavan v. City of San Diego, et al., San Diego Superior Court Case No. SDSC 37-2021-00015045-CU-PO-CTL, Risk Claim No. 26043.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $75,000 will be paid from the Public Liability Fund.
Tuesday, December 06, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-230)
Resolution authorizing the settlement of Sriloga Kathirelavan v. City of San Diego, et al., San Diego Superior Court Case No. SDSC 37-2021-00015045-CUPO-CTL, related to a claim for personal injury damages stemming from a falling lamppost at Ocean Air Recreation Center located at 4770 Fairport Way, San Diego, CA, on September 29, 2020. Risk Claim No. 26043.
Committee Actions Taken: N/A
Office of the City Attorney: Kevin Yee, (619) 533-5697
Item 118: Settlement of Estate of Timothy Gene Smith, et al. v. COSD et al., San Diego Superior Court Case No. USDC 16cv2989 WQH (MSB); Risk No. 12012.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $495,000 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-218)
Resolution authorizing the settlement of Estate of Timothy Gene Smith, et al. v.
COSD et al., San Diego Superior Court Case No. USDC 16cv2989 WQH (MSB), related to an officer-involved shooting death of Timothy Smith on November 4, 2015, in Pacific Beach. Risk Claim No. 12012.
Committee Actions Taken: N/A
Office of the City Attorney: Tyler L. Krentz, (619) 533-4542 Item 119: Settlement of Gloria Richley v. City of San Diego, San Diego Superior Court Case No. 37-2019-00045689-CU-PO-CTL, Risk Claim No. 22660.
Tuesday, December 06, 2022
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $350,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-199)
Resolution authorizing the settlement of Gloria Richley v. City of San Diego, San Diego Superior Court Case No. 37-2019-00045689-CU-PO-CTL, related to injuries sustained in a trip and fall that occurred on March 14, 2019, at 3493 Larga Circle, San Diego. Risk Claim No. 22660.
Committee Actions Taken: N/A
Office of the City Attorney: Norma A. Morales, (619) 235-5794 Item 120: Settlement of Richard Bareno v. City of San Diego, et al., San Diego Superior Court Case No. 37-2020-00026802-CU-PA-CTL, Risk No. 21600.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $125,000 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-203)
Resolution authorizing the settlement of Richard Bareno v. City of San Diego et. al., San Diego Superior Court Case No. 37-2020-00026802-CU-PA-CTL, related to a claim of personal injury arising from a car accident at the intersection of Jamacha Road and Meadowbrook Drive on December 16, 2018. Risk Claim No. 21600.
Committee Actions Taken: N/A
Office of the City Attorney: Michelle T. Neff, (619) 533-5834 Tuesday, December 06, 2022
Item 121: Settlement of Steven Scholl v. City of San Diego, San Diego Superior Court Case No. 37-2020-00028821-CU-PO-CTL, Risk Claim No. 24697.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $1,380,000 from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-204)
Resolution authorizing the settlement of Steven Scholl v. City of San Diego, San Diego Superior Court Case No. 37-2020-00028821-CU-PO-CTL, personal injuries sustained from a bicycle accident that occurred on March 24, 2020 at North Harbor Drive, near Spanish Landing, San Diego, California. Risk Claim No. 24697.
Committee Actions Taken: N/A
Office of the City Attorney: Sarah Wigdor-Roberts, (619) 533-5854 Item 122: Authorization to Approve a Settlement with SDG&E on Terms Set Forth in the Stipulation for Entry of Judgment and Final Order of Compensation to Expand SDG&E’s Existing Sunrise Powerlink Easement on City-owned Property known as El Capitan Reservoir to Relocate and Add Helicopter Landing Pads.
Total Estimated Cost of Proposed Action and Funding Source:
$2,500 will be deposited into the Water Capital Improvement Program Fund.
Council District(s) Affected: Outside of City limits.
Proposed Actions:
(R-2023-290)
Resolution authorizing the settlement of an eminent domain action brought by SDG&E against the City of San Diego (San Diego Gas & Electric Company v. City of San Diego, San Diego Superior Case No. 37-2020-00029860-CU-EI-CTL) to condemn certain easement rights in City-owned real property located at the El Capitan Reservoir in San Diego County, consisting of portions of Assessor Parcel Tuesday, December 06, 2022
Nos. 402-070-05, 402-080-01 and 402-080-06, for the modification of helicopter landing pad locations to allow for improved helicopter access to SDG&E’s Sunrise Powerlink facilities.
Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Mary Carlson, (619) 236- 6079
City Attorney Contact: Marco A. Verdugo
Item 123: Appointment and Reappointment to the Convention Center Corporation Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3, 8.
Proposed Actions:
(R-2023-284)
Resolution confirming the Mayor's Appointment of Alyssa Turowski and reappointment of Jeffrey Gattas to the San Diego Convention Center Corporation Board of Directors for terms ending December 1, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 124: Appointments and Reappointment to the Board of Library Commissioners.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2, 3, 6.
Proposed Actions:
Tuesday, December 06, 2022
(R-2023-288)
Resolution confirming the Mayor's Appointments of Sara Moga-Alemany, for a term ending March 1, 2024, and Dr. Wendy Ranck-Buhr, for a term ending March 1, 2023, to the Board of Library Commissioners, and reappointment of Linda Caballero Sotelo for a term ending March 1, 2023.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 125: Appointment and Reappointment to the Accessibility Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2.
Proposed Actions:
(R-2023-266)
Resolution confirming the Mayor's appointment of Diane Koczur and reappointment of Elaine Mary Cooluris for terms ending June 30, 2024, to the Accessibility Advisory Board.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 126: Appointments and Reappointments to the Human Relations Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this item.
Council District(s) Affected: 1, 2, 3, 8, 9.
Tuesday, December 06, 2022
Proposed Actions:
(R-2023-267)
Resolution confirming the Mayor's Appointments of Ryan Trabuco for a term ending July 22, 2026, and Dr. Yessica Diaz Roman for a term ending July 22, 2024, and Reappointments of Olympia Beltran, Nicole Murray-Ramirez, and Jeffrey Razi-Jafari for terms ending July 22, 2026, Rickie Brown and Faye DetskyWeil for terms ending July 22, 2025, and April Purcell for a term ending July 22, 2023, to the Human Relations Commission.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 127: Appointment to the Consolidated Plan Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 5.
Proposed Actions:
(R-2023-252)
Resolution confirming the Mayor's Appointment of Lauren Balcita Garces to the Consolidated Plan Advisory Board for a term expiring July 1, 2023.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 128: Appointment to the Privacy Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Tuesday, December 06, 2022
Council District(s) Affected: 4.
Proposed Actions:
(R-2023-282)
Resolution confirming the Mayor's appointment of "Khalid" Paul Alexander to the Privacy Advisory Board for a term ending March 15, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 129: Amendments to the 2023 Legislative Calendar.
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-2023-300)
Resolution amending the 2023 Legislative Calendar.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council Presidents Office: Haley Lesser, (619) 236-6699 City Attorney Contact: Heather Ferbert
Item S502: Type II Cannabis Equity Grants Program for Local Jurisdictions. (Added 12/2/22)
Total Estimated Cost of Proposed Action and Funding Source:
The total funds applied for in this grant are $5,000,000.
Council District(s) Affected: Citywide.
Tuesday, December 06, 2022
Proposed Actions:
(R-2023-318)
Resolution authorizing the execution of a grant agreement with the California Governor’s Office of Business and Economic Development to receive up to $5,000,000 in Cannabis Equity Grants Program funds and authorizing the City to apply for, accept, appropriate and expend awarded funds to implement recommendations contained in the City of San Diego’s cannabis equity assessment.
Committee Actions Taken: N/A
Development Services: Lara Gates, (619) 446-5107
City Attorney Contact: Noah Brazier
Tuesday, December 06, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Libby Borg Day.
MAYOR GLORIA AND COUNCIL PRESIDENT ELO-RIVERA’S RECOMMENDATION:
Proclaiming December 6, 2022 to be “Libby Borg Day” in the City of San Diego.
Item 31: Elvin Lai Day.
COUNCILMEMBER CATE'S RECOMMENDATION:
Proclaiming December 8, 2022, as “Elvin Lai Day” in the City of San Diego.
Item 32: Phet Keovoravongsa Guiney Day.
COUNCILMEMBER CATE'S RECOMMENDATION:
Proclaiming December 15, 2022, as “Phet Keovoravongsa Guiney Day” in the City of San Diego.
Item 33: Ken-Tal Litter Pickers Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming December 6, 2022 to be “Ken-Tal Litter Pickers Day” in the City of San Diego.
Item 34: Drugged and Drunk Driving Prevention Month.
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming December 2022 to be “Drugged and Drunk Driving Prevention Month” in the City of San Diego.
Tuesday, December 06, 2022
Item S500: Mara Morrison Day. (Added 11/30/22)
COUNCILMEMBER VON WILPERT’S RECOMMENDATION:
Proclaiming December 15, 2022 as “Mara Morrison Day” in the City of San Diego.
Tuesday, December 06, 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, December 06, 2022
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: Fiscal Year 2023 Capital Improvements Program (CIP) Mid-Year Budget Monitoring Report and CIP Budget Revisions.
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:
See attachment: Fiscal Year 2023 CIP Mid-Year Budget Monitoring Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-260)
Resolution authorizing mid-year amendments to the Fiscal Year 2023 Capital Improvements Program Budget.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting of November 16, 2022.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppeyea.
Department of Finance: Michael Pelayo, (619) 236-6763
City Attorney Contact: Bret A. Bartolotta
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, December 06, 2022
Item 331: First Amendment to the Non-Profit Agreement with Jewish Family Service for the Safe Parking Program.
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:
Funding of $1,436,797.00 was previously authorized by City Council on June 27, 2022. The amendment to increase the budget by $421,273.00 is available through the City’s award of the Family Homelessness Challenge Grant. With the inclusion of the additional funds, the total operating budget for the NonAgreement with Jewish Family Service for the Safe Parking Program is $1,858,070.00.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-287)
Resolution authorizing a First Amendment to the Non-Profit Agreement with Jewish Family Service for the Safe Parking Program.
Committee Actions Taken: N/A
Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Heather Ferbert
Item 332: Authorization for the City of San Diego Sewer Interim Financing for the Sewer Fund Portion of the Pure Water Project Phase 1.
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:
The Sewer Interim Financing includes project funds for up to $150 million. At the rate as of November 15, 2022 of 80% of the Daily Simple SOFR plus 31 basis points and the assumption that an average of $75 million will be the average amount outstanding on the Revolver, the projected annual debt service and fees are approximately $2.6 million. The total projected debt service cost funded by the Sewer Utility Fund is $7.8 million over the duration of 3 years.
Tuesday, December 06, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-259)
Resolution approving the forms and authorizing the execution, delivery and performance of a Revolving Credit Agreement and a Fee Agreement to provide liquidity to the Sewer System, and approving certain other actions in connection therewith.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting of October 13, 2021.
ACTION: Motion by Councilmember Whitburn, second by Councilmember Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Cate-yea, Whitburn-yea, Campillo-yea, Montgomery Steppe-not present.
Department of Finance: Kevin Werner, (619) 533-6121
City Attorney Contact: Bret A. Bartolotta
Item S501: Affordable Housing Loan Agreement-PATH Villas El Cerrito Phase 1. (Added 11/30/2022)
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:
City affordable housing loan in amount of $2,050,000 from the Permanent Local Housing Allocation fund.
Council District(s) Affected: 9.
Proposed Actions:
(R-2023-306)
Resolution of the Council of the City of San Diego approving the Loan Agreement for the PATH Villas El Cerrito Phase I Affordable Housing Project within the College Area Community Plan Area and authorizing a related loan in Tuesday, December 06, 2022
an amount not-to-exceed $2,050,000, to the project developer, PATH Villas El Cerrito 1, L.P.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William Witt
Item S503: Resolution Authorizing the Execution of Lease and Related Agreement with SCP Park Services for City-Owned Property Commonly Known as Horton Plaza Urban Park in Downtown San Diego, Making Certain Determinations in Accordance with the California Environmental Quality Act and Waiving of Certain Requirements in Council Policy 700-10. (Added 12/02/2022) This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Please see Staff Report.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-320 Cor. Copy) (Rev. 12/6/22)
Resolution authorizing the execution of Lease and related maintenance agreement with SCP Park Services for City-owned property commonly known as Horton Plaza Urban Park in Downtown San Diego, making certain determinations in accordance with the California Environmental Quality Act, and waiving of certain requirements in Council Policy 700-10.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
Tuesday, December 06, 2022
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT