Agenda — San Diego City Council, December 12, 2022

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
Kent Lee (Rev. 12/12/22) • Sixth District
Raul A. Campillo • Seventh District
Vivian Moreno • Eighth District
Charles Modica Mara W. Elliott
Independent City Attorney
Budget Analyst
Elizabeth Maland
City Clerk
City Administration Building
City Council Chambers- 12th Floor
202 C Street San Diego, CA 92101
Monday, December 12, 2022
10:00AM
(Central Library,
Neil Morgan Auditorium
330 Park Blvd. San Diego, CA 92101)
2:00PM
(Council Chambers, 12th Floor
City Administration Building
202 C. St. San Diego, CA 92101)
Monday, December 12, 2022
Page: 2

AGENDA FOR THE

REGULAR COUNCIL MEETING OF
MONDAY, DECEMBER 12, 2022, AT 10:00 AM

CENTRAL LIBRARY

NEIL MORGAN AUDITORIUM
330 PARK BOULEVARD
SAN DIEGO, CA 92101
Please Note: Virtual or Phone-In Testimony cannot be accommodated for the 10am session.

How To Speak To A Particular Item:

In Person
Please fill out a speaker slip located at the entrance of the Auditorium. Indicate the item you wish to speak on as well as other requested information. Then submit it to the Clerk or designee at the front of the room.

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.

Written Materials. Instead of submitting written materials as an attachment to the webform you may submit via U.S. Mail to the City Clerk’s attention at 202 C Street, MS2A San Diego, CA 92101. Materials submitted via U.S. Mail must be received one business day prior to the meeting to be distributed to the City Council. Comments received via U.S. Mail on the day of the meeting will be submitted into the written record for the relevant item.

The public may view the meetings on public television (within the City of San Diego only) on City TV Channel 24 for Cox Communications and Spectrum or Channel 99 for AT&T U-Verse, or view the meetings online (link is external)
SENATE BILL 343 (LATE-ARRIVING MATERIALS)
Pursuant to California Senate Bill 343 (Section 54957.5(b) of the Brown Act), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Monday, December 12, 2022
Page: 3
the Auditorium 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.

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.

Monday, December 12, 2022
Page: 4
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.

Monday, December 12, 2022
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ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

COMMENT

REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS

DISCUSSION, OTHER LEGISLATIVE ITEMS
Item 200: Results of November 8, 2022 General Election and Municipal Special Election in the City of San Diego. (Rev. 12/9/22)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-327) (Added 12/9/22)
Adopting a Resolution declaring the results of the Municipal General Election and the Municipal Special Election held in the City of San Diego on November 8, 2022.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Office of the City Clerk: Elizabeth Maland, (619) 533-4080

CEREMONIAL ITEM
Item 201: Inauguration Ceremony for the Seventy-Fourth City Council (Council Districts 2, 4, 6, and 8).

ADJOURN TO 2:00 PM SESSION
Monday, December 12, 2022
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AGENDA FOR THE

REGULAR COUNCIL MEETING OF
MONDAY, DECEMBER 12, 2022, AT 2:00 PM

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.

Monday, December 12, 2022
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When the Clerk indicates it is your turn to speak, unmute your phone by tapping the Unmute button on your computer, tablet or Smartphone, or dial *6 on your phone.

Members of the public who wish to provide virtual testimony must enter the virtual queue by raising their hand before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.

Joining the Webinar and Offering Phone-in Testimony
The City Council meetings will continue to be held virtually using the Zoom Webinar platform.

Members of the public can offer public comment on agendized items or during Non-Agenda Public Comment by accessing the meeting online using a desktop computer, laptop, tablet, or Smartphone, or by calling into the meeting using a Smartphone, cellular phone, or land line.

Please click the link below to join the webinar:
https://sandiego.zoomgov.com/j/1611703951
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.

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)
Monday, December 12, 2022
Page: 8
Pursuant to California Senate Bill 343 (Section 54957.5(b) of the Brown Act), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Council Chambers in the lobby of the 12th floor of the City Administration Building in a binder labeled “SB 343.” Late-arriving materials received during the City Council meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.

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 Monday, December 12, 2022
Page: 9
パブリックコメントを要求するための翻訳サービス依頼は、市の書記（電話：619-533-4000ま
たはメール：mailto:[email protected]）に連絡することによって行うことができます。市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-4000 또는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다.
為了鼓勵更多市民參與 '公眾意見'，市政府設定了快捷的中文翻譯服務。如
你有任何關於 '公開意見' 想發表，請致電: (619) 533-4000，或電郵
[email protected] 我們會為你翻譯。
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
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.

Monday, December 12, 2022
Page: 10

DISCUSSION, OTHER LEGISLATIVE ITEMS
Item 202: Selection of a Council President.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-324) (Rev. 12/7/22)
Resolution selecting Councilmember _______________ as Council President to serve a one-year term commencing December 12, 2022, and until a successor is selected and qualified.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Council President's Office: Haley Lesser, (619) 533-3920 City Attorney Contact: Heather Ferbert
Item 203: This item has been moved to Tuesday, December 13, 2022 as item S501. (Rev. 12/9/22)
Item S400: Proposed Updates to City Council Policy 800-14 Prioritizing CIP Projects and Council Policy 000-32 for Neighborhood Input on Infrastructure Needs and Priorities. (Added 12/9/22)
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-2023-309)
Resolution to amend Council Policy No. 800-14 relating to Capital Improvement Program project priority rankings.

Subitem-B: (R-2023-308)
Monday, December 12, 2022
Page: 11
Resolution to amend Council Policy No. 000-32 relating to neighborhood input on infrastructure needs and priorities.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 16, 2022.

ACTION: 3A: Motion by Committee Member Montgomery Steppe, second by Vice Chair LaCava, to move staff recommendation on Council Policy 800-14 with a request that staff continue working with all four of our offices on feedback the Committee gave and to incorporate this feedback before it goes to full Council.

VOTE: 3-1; von Wilpert-yea, Campbell-yea, Montgomery Steppe-yea, LaCavanay.

ACTION: 3B: Motion by Vice Chair LaCava, second by Committee Member Campbell, to move staff's recommendation and amend staff's proposed amendments to include: 1.e. "Provide user-friendly accessible formats for the public to submit recommendations." 2.e. "The public shall submit recommendations to the City by October 1st of each year to be considered for the upcoming budget fiscal year that include:"
VOTED: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppeyea.

Engineering & Capital Projects: Ryan Greek, (619) 533-3767 City Attorney Contact: Dana Fairchild
Item S401: Third Contract Amendment to Extend the Term for Sanitation Services and Incidental Hazardous Waste Removal on Public Rights-of-Way and Other City-Owned Property with Clean Harbors Environmental Services, Inc. (Added 12/9/22)
Total Estimated Cost of Proposed Action and Funding Source:

This action is to extend the duration of the contract with Clean Harbors seven months. The not-to-exceed amount for the contract is not being increased, remaining at $6,862,000. The $286,000 for the remainder of Fiscal Year 2023 from April 9th to October 31st is currently budgeted in the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem A: (R-2023-314)
Resolution determining that execution of the Third Amendment to the Contract with Clean Harbors Environmental Services, Inc. for sanitation services and Monday, December 12, 2022
Page: 12
incidental hazardous waste removal on public rights-of-way and other Cityowned property is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facility).

Subitem B: (O-2023-94 Cor. Copy)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the Third Amendment to the Contract with Clean Harbors Environmental Services, Inc., for sanitation services and incidental hazardous waste removal on public rights-of-way and other City-owned property, extending the Contract through October 31, 2023, and for all related actions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting of November 21, 2022.

ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions.

VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.

Environmental Services: Ken Prue, (858) 492-5085
City Attorney Contact: Nicole M. Denow
Monday, December 12, 2022
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INFORMATIONAL ITEMS
Item 204: Update on the Redevelopment of the City-Owned Real Property Located at 3220, 3240, 3250 and 3500 Sports Arena Boulevard (Midway Site).

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 2.

Proposed Actions:

This item is informational only.

Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Penny Maus, (619) 236-7346 Item 205: Summary of the COVID-19 Pandemic Response from Several Key City of San Diego Departments.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:

This item is informational only.

Committee Actions Taken: N/A
Council District 5: Bridget Naso, (619) 236-6655
Monday, December 12, 2022
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NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.) Per Rule 2.6.2, non-agenda public is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. Non-Agenda Public Comment is taken toward the end of the Monday afternoon Council Session.

NON-AGENDA ITEMS

ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES

ADJOURNMENT

San Diego City CouncilDecember 12, 2022

San Diego City Council
December 12, 2022