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
Tuesday, December 13, 2022
Tuesday, December 13, 2022
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, DECEMBER 13, 2022, AT 10:00 AM (Rev. 12/8/22)
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 13, 2022
Members of the public who wish to provide virtual testimony must enter the virtual queue by raising their hand before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.
Joining the Webinar and Offering Phone-in Testimony
The City Council meetings will continue to be held virtually using the Zoom Webinar platform.
Members of the public can offer public comment on agendized items or during Non-Agenda Public Comment by accessing the meeting online using a desktop computer, laptop, tablet, or Smartphone, or by calling into the meeting using a Smartphone, cellular phone, or land line. 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 13, 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 13, 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, December 13, 2022
NOTICE: THE CITY COUNCIL MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY STAFF DO NOT LIMIT ACTIONS THAT THE CITY COUNCIL MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE
RECOMMENDATIONS OF STAFF AS DETERMINATIVE OF THE ACTION THE CITY COUNCIL MAY TAKE ON A PARTICULAR MATTER.
PLEASE NOTE: THE PUBLIC PORTION OF THIS AGENDA, LISTED BELOW INCLUDING NONAGENDA PUBLIC COMMENT AND CLOSED SESSION PUBLIC COMMENT IS TAKEN DURING THE 10 AM MORNING PORTION OF THE AGENDA. THE COUNCIL ADJOURNS INTO CLOSED SESSION AT APPROXIMATELY 11 AM AND RESUMES THE PUBLIC PORTION OF THE MEETING AT 2 PM.
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/ Tuesday, December 13, 2022
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF COUNCIL MINUTES
10/31/2022 Adjourned
10/31/2022 Special
11/1/2022
11/7/2022 Adjourned
11/8/2022 Adjourned
11/14/2022 Adjourned
11/14/2022 Special
11/15/2022
11/21/2022 Adjourned
11/22/2022 Adjourned
11/28/2022 Adjourned
11/29/2022 Adjourned
Tuesday, December 13, 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: Repealing the Emergency Ordinance Authorizing the Acceptance of Electronic Signatures on City Ordinances and Resolutions.
Total Estimated Cost of Proposed Action and Funding Source:
None.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-93)
Introduction of an Ordinance repealing Ordinance O-21178 which authorized the acceptance of electronic signatures in place of original signatures on ordinances and resolutions during the COVID-19 emergency.
Committee Actions Taken: N/A
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 City Attorney Contact: Hilda R. Mendoza
Item 51: Time Extension - Contract #K-18-1472-DBB-3 with Flatiron West Inc., for Construction Services for the West Mission Bay Drive Bridge Over San Diego River Project.
Total Estimated Cost of Proposed Action and Funding Source:
N/A. There are no costs associated with this Action.
Council District(s) Affected: 2.
Proposed Actions:
(O-2023-95)
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, December 13, 2022
Introduction of an Ordinance authorizing the obligations of construction contract K-18-1472-DBB-3 for the construction of the West Mission Bay Drive Bridge Project, with Flatiron West, Inc., to extend beyond five years to June 30, 2024.
6 votes required pursuant to Charter Section 99.
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 Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Ryan P. Gerrity
Item 52: Exemption of Two (2) Program Coordinator Positions in the Risk Management Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The projected annual costs, including salaries and fringe benefits, total approximately $354,000 for the two Program Coordinator positions. Funds for expenses will be available in the Risk Management Fund due to vacancy savings in Fiscal Year 2023. The positions will be requested in the Fiscal Year 2024 budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-88)
Introduction of an Ordinance authorizing the exemption of two Program Coordinator positions in the City's Risk Management Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on November 3, 2022. The first Program Coordinator position will be responsible for overseeing administrative and finance functions of the Department. The second Program Coordinator position will assist with the Tuesday, December 13, 2022
administration of application systems and lead project initiatives to deliver services to support the City's claims management system. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Risk Management: Jose Galvan, (619) 533-6481
City Attorney Contact: Miguel Merrell
Item 53: Request to Exempt Two Program Manager Positions in the Office of Race and Equity from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
No cost associated with this action. These positions are included in the FY 23 Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-96)
Introduction of an Ordinance authorizing the exemption of two Program Manager positions in the City's Office of Race and Equity from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on November 3, 2022. These positions will be responsible for developing Race and Equity Action Plans across all City departments. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Office of Race & Equity: Kim Desmond, (619) 226-9904
City Attorney Contact: Miguel Merrell
Item 54: Exemption of One (1) Program Coordinator Position in the Environmental Services Department from the 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.
Council District(s) Affected: Citywide.
Tuesday, December 13, 2022
Proposed Actions:
(O-2023-92)
Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City's Environmental Services 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 operations of the Fee Collection Services Section. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Environmental Services: Matthew Cleary, Assistant Director, (858) 573-1214 City Attorney Contact: Miguel Merrell
ADOPTION AGENDA
Item 60: This item has been moved to Monday, December 12, 2022 at 2pm, as Item S401. (Rev. 12/9/22)
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, December 13, 2022
ADOPTION AGENDA
Item 100: This item has been removed.
Item 101: Council Policy 100-05, User Fee Policy Update.
Total Estimated Cost of Proposed Action and Funding Source:
There are no fiscal considerations associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-278)
Resolution amending Council Policy No. 100-05 User Fee Policy.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting of November 18, 2022.
ACTION: Motion by Committee Member Moreno, second by Chair Cate, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Cate-yea, Elo-Rivera-yea, Montgomery Steppe-yea, Moreno-yea Department of Finance: Jose Mendoza, (619) 533-5562
City Attorney Contact: Bret A. Bartolotta
Item 102: Miramar Recycling Center Service Contract/Real Property Lease Ninth Amendment.
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-2023-313)
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, December 13, 2022
Resolution authorizing the Mayor, or his designee, to execute the ninth extension to the Agreement with Allan Company for operation of the Miramar Landfill Recycling Center.
Committee Actions Taken:
This item was heard at the Environment Commitee 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, (619) 492-5085
City Attorney Contact: Nicole M. Denow
Item 103: Ratification of Seventeen (17) Emergency Sole Source Contracts for Fiscal Year 2022.
Total Estimated Cost of Proposed Action and Funding Source:
No costs or funds are affected by this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-317)
Resolution ratifying the seventeen (17) engineering and capital projects Fiscal Year 2022 emergency sole source contracts.
6 votes required pursuant to San Diego Municipal Code Section 22.3108.
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.
Tuesday, December 13, 2022
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
Item 104: Award of Contracts to Baker & Taylor, LLC and Midwest Tape, LLC to Provide Library Books, Audio Visual Materials, and Processing Services.
Total Estimated Cost of Proposed Action and Funding Source:
Five-year total not-to-exceed $17,500,000, from the Library Department. Annual cost of $3,500,000 includes $2,810,000 from General Fund and $690,000 from Library Matching Donations Fund, contingent upon the adoption of the Annual Budgets and Annual Appropriation Ordinances for the applicable fiscal years and contingent upon the Chief Financial Officer certifying that the funds necessary for expenditure are or will be available. The contracts do not obligate the City to procure goods and services.
Council District(s) Affected: Citywide.
Proposed Actions:
Award of Contracts to Baker & Taylor, LLC, and Midwest Tape, LLC, to provide library books, audio/visual materials, and processing services.
Subitem-A: (R-2023-285)
Resolution authorizing the Mayor, or Mayor’s designee, to enter into an Agreement with Baker & Taylor, LLC, in an amount not-to-exceed $15,000,000, over a five-year period, for the as-needed purchase of library books and related processing services.
Subitem-B: (R-2023-286)
Resolution authorizing the Mayor, or Mayor’s designee, to enter into an Agreement with Midwest Tape, LLC, in an amount not-to-exceed $2,500,000, over a five-year period, for the as-needed purchase of audio/visual materials and related processing services.
Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on November 16, 2022.
ACTION: Motion by Committee Member von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff's proposed actions.
Tuesday, December 13, 2022
VOTE: 3-0; Montgomery Steppe-yea, von Wilpert-yea, Campillo-yea, Morenonot present.
Library: Misty Jones, (619) 236-5870
City Attorney Contact: Jon D. Dwyer
Item 105: Award of Agreement to Sukut Construction, LLC. for the Organics Processing Facility Project.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $77,223,000. The agreement will be funded by the Refuse Disposal-CIP and Recycling Fund-CIP with remainder by an anticipated iBank loan.
Council District(s) Affected: 6.
Proposed Actions:
Subitem-A: (R-2023-292)
Resolution determining that the award of a Design Build Agreement to Sukut Construction, LLC for the design and construction of an Organic Waste Processing Facility at the Miramar Landfill is consistent with the Final Environmental Impact Statement / Master Environmental Impact Report for the Miramar Landfill and constitutes subsequent discretionary action pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162.
Subitem-B: (R-2023-291)
Resolution authorizing the award of a Design-Build Agreement to Sukut Construction, LLC for design and construction of an Organic Waste Processing Facility at the Miramar Landfill.
Committee Actions Taken:
This item was heard at the Environment Commitee meeting of November 21, 2022.
ACTION: Motion by Vice Chair von Wilpert, second by Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.
Environmental Services: Renee Robertson, Director, (858) 573-1275 City Attorney Contact: Frederick M. Ortlieb
Tuesday, December 13, 2022
Item 106: Adoption of the Amended Flexible Benefits Plan for Eligible Employees for Calendar Year 2023.
Total Estimated Cost of Proposed Action and Funding Source:
Funding is appropriated in the annual budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-310)
Resolution adopting the Amended Flexible Benefits Plan for eligible employees for calendar year 2023.
Committee Actions Taken: N/A
Risk Management: Carly Danney, (619) 533-6107
City Attorney Contact: Thomas J. Brady
Item 107: Adopting an Amended Conflict of Interest Code for Office of Special Events and Filming.
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-2023-304)
Resolution adopting an amended Conflict of Interest Code for the Special Events and Filming Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Special Events and Filming: Natasha Collura, (619) 685-1332 City Attorney Contact: Hilda R. Mendoza
Tuesday, December 13, 2022
Item 108: Adopting a Conflict of Interest Code for the Compliance 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-2023-305)
Resolution adopting a Conflict of Interest Code for the Compliance Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Compliance Department: Kristi Geitz, (619) 417-4917
City Attorney Contact: Hilda R. Mendoza
Item 109: Adopting a Conflict of Interest Code for the New Stormwater Department.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures associated with this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-311)
Resolution adopting a Conflict of Interest Code for the Stormwater Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Stormwater Department: Bethany Bezak, (619) 527-3173
City Attorney Contact: Hilda R. Mendoza
Tuesday, December 13, 2022
Item 110: Adopting an Amended Conflict of Interest Code for the Office of Race and Equity.
Total Estimated Cost of Proposed Action and Funding Source:
No cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-283)
Resolution adopting an amended Conflict of Interest Code for the Office of Race and Equity.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of Race & Equity: Kim Desmond, (619) 226-9904
City Attorney Contact: Hilda R. Mendoza
Item 111: Amended Conflict of Interest Code for the Transportation 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-2023-303)
Resolution adopting an amended Conflict of Interest Code for the Transportation Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Tuesday, December 13, 2022
Transportation Department: Julio Canizal, (619) 235-5717 City Attorney Contact: Hilda R. Mendoza
Item 112: Adopting an Amended Conflict of Interest Code for the Risk Management 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-2023-307)
Resolution adopting an amended Conflict of Interest Code for the Risk Management Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Jose A. Garcia
Item 113: Settlement of Hugh Ward, et al. v City of San Diego, San Diego Superior Court Case No. 37-2021-00001323-CU-EI-CTL, Claim No. 21444.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $550,000 will be paid from the Water Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-228)
Resolution authorizing the settlement of Settlement of Hugh Ward, et al. v City of San Diego, San Diego Superior Court Case No. 37-2021-00001323-CU-EI-CTL, related to damages sustained on January 19, 2019, as a result of a failed water supply pipeline owned and operated by the City located at 7815 Bellakaren Place, La Jolla, CA 92037. Risk Claim No. 21444.
Tuesday, December 13, 2022
Committee Actions Taken: N/A
Office of the City Attorney: Ben Syz, (619) 236-6695
Item 114: Declaring a Continued State of Local Emergency Regarding COVID-19 Virus.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-301 Cor. Copy) (Rev. 12/8/22)
Resolution declaring a continued state of local emergency regarding the COVID19 pandemic, pursuant to California Government Code section 8630.
Committee Actions Taken: N/A
Office of the Mayor: Matt Yagyagan, (619) 236-6330
City Attorney Contact: Michelle Garland
Item 115: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2023-127)
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
Item S500: Approval of Fiscal Year 2023 City Council Allocations of Arts, Culture and Community Festivals (ACCF) Funding Awards, Pursuant to Council Policy 100-23, to Nonprofit Organizations with Existing Contracts with the City of San Diego’s Commission for Arts and Culture.
Tuesday, December 13, 2022
(Added 12/7/22)
Total Estimated Cost of Proposed Action and Funding Source:
An aggregate amount not-to-exceed $236,300, in previously budgeted Arts, Culture, and Community Festival (ACCF) funds, pursuant to various recommended allocations by Council Districts 1, 2, 3, 4, 5, 6, 8, and 9.
Council District(s) Affected: 1, 2, 3, 4, 5, 6, 8, 9.
Proposed Actions:
Subitem-A: (R-2023-322)
Resolution of the Council of the City of San Diego determining that approval of the Fiscal Year 2023 City Council allocations of Arts, Culture and Community Festivals (ACCF) funding awards, pursuant to Council Policy 100-23, to nonprofit organizations with existing contracts with the City of San Diego's Commission for Arts and Culture is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15301 and 15323.
Subitem-B: (R-2023-321)
Resolution of the Council of the City of San Diego approving Fiscal Year 2023 City Council allocations of Arts, Culture and Community Festivals (ACCF) funding awards, pursuant to Council Policy 100-23, to nonprofit organizations with existing contracts with the City of San Diego's Commission for Arts and Culture.
Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
Item S502: Fourth Amendment to the As-Needed Citywide Cooperative Agreement with Herc Rentals Inc. for the Rental of Various Large Equipment. (Added 12/9/2022)
Total Estimated Cost of Proposed Action and Funding Source:
This action seeks authority to amend expenditure authority in the amount notto-exceed $18,325,000, over the term of the agreement. Expenditure of funds is contingent upon sufficient, funding being available in each participating City department’s budget each fiscal year. This contract is as-needed; funds and available budget will be encumbered through the purchase requisition process.
Tuesday, December 13, 2022
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-325)
Resolution authorizing the Mayor, or his designee, to execute the Fourth Amendment to the Agreement with Herc Rentals, Inc. for additional large equipment rental services in an amount not-to-exceed $18,325,000.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting of December 7, 2022.
ACTION: Motion by Committee Member Moreno, second by Vice Chair EloRivera, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Cate-yea, Elo-Rivera-yea, Moreno-yea, Montgomery Steppe-not present
Purchasing & Contracting: Claudia C. Abarca, (619) 236-5921 City Attorney Contact: Eric S. Pooch
Tuesday, December 13, 2022
Item S503: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953. (Added 12/9/2022)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-326)
Resolution reconsidering the circumstances of the state of emergency related to COVID-19 and making findings to continue teleconferencing 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: Heather Ferbert
Tuesday, December 13, 2022
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: University City Centurions Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming December 13th, 2022 to be “University City Centurions Day” in the City of San Diego.
Tuesday, December 13, 2022
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM THE CONSENT AGENDA
PUBLIC COMMENT ON CLOSED SESSION
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.) Per Rule 2.6.2, non-agenda public comment is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes, during the morning session. Non-agenda public comment at the beginning of the meeting may be limited to 30 minutes, with any remaining speakers given an opportunity to speak after Council concludes the other agenda items for the day.
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
Tuesday, December 13, 2022
INFORMATIONAL ITEMS
Item 330: Fiscal Year 2023 First Quarter Budget Monitoring Report.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken: N/A
Department of Finance: Christopher Purcell, (619) 236-6775 Item 331: Fiscal Year 2024-2028 Five-Year Financial Outlook.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken: N/A
Department of Finance: Trisha Tacke, (619) 236-6371
Item 332: Public Utilities Fiscal Year 2024-2028 Five-Year Financial Outlook.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Tuesday, December 13, 2022
This item is informational only.
Committee Actions Taken: N/A
Public Utilities: Adam Jones, (858) 614-4030
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 333: Amendments to the San Diego Municipal Code Regarding Beach Fires.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 1, 2.
Proposed Actions:
Amend the San Diego Municipal Code to eliminate confusion with enforcement and to improve public safety and air quality so that beach fires are built in Cityprovided fire rings and portable propane – fueled devices.
Subitem-A: (R-2023-328 Cor. Copy) (Rev. 12/12/22)
Resolution determining that the approval of the amendments to the San Diego Municipal Code are categorically exempt from California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities and Section 15308 Actions by Regulatory Agencies for Protection of the Environment.
Directing the City Clerk to file a Notice of Exemption with the Clerk of the Board of Supervisors for the County of San Diego.
Subitem-B: (O-2023-91 Cor. Copy) (Rev. 12/9/22)
Introduction of an Ordinance amending the San Diego Municipal Code regarding beach fires. (Rev. 12/9/22)
Committee Actions Taken:
This item was heard at the Environment Committee meeting of May 26, 2022.
DISCUSSION, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, December 13, 2022
ACTION: Motion by Chair LaCava, second by Committee Member Campbell, to recommend Council approval of staff's recommendation.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: Catherine Morrison
ADOPTION AGENDA
Item 334: 2023-2024 State and Federal Legislative Platform.
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:
(R-2023-273)
Resolution approving the 2023-2024 State and Federal Legislative Platform.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting of November 17, 2022.
ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions with the addition of including "proactive measures to reduce community violence" under the Public Safety portion of the legislative platform.
VOTE: 4-0; Campillo-yea, Cate-yea, Campbell-yea, Montgomery Steppe-yea.
Government Affairs: Adrian Granda, (619) 533-5965
City Attorney Contact: Hilda R. Mendoza
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, December 13, 2022
Item 339: Revisions to the City of San Diego’s Reserve Policy.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
(Continued from the meeting of December 6, 2022, Item 106, at the request of Councilmember von Wilpert for further review.) 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.
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 S501: Resolution Declaring the City of San Diego a Safe City for Transgender, Non-Binary, and Gender Diverse Youth. (Added 12/9/22)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this resolution
Council District(s) Affected: Citywide.
Tuesday, December 13, 2022
Proposed Actions:
(R-2023-312)
Resolution declaring the City of San Diego to be a safe city for transgender, non-binary, and gender diverse youth.
Committee Actions Taken: N/A
Council District 5: Ryan Darsey, (619) 510-6881
City Attorney Contact: David J. Karlin
Tuesday, December 13, 2022
ADOPTION AGENDA
Item 335: Bayshore Bikeway Easement Vacation - Project No. 696947.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
All processing costs are paid from a deposit account maintained by the applicant.
Council District(s) Affected: 8.
Proposed Actions:
An Easement Vacation to vacate an unnamed pedestrian easement approximately 0.08-acres located at Harbor Drive and 32nd Street intersection (APN-550-50-0040 and APN-550-50-0070), in the IH-2-1zone, the Coastal Overlay Zone (Appealable) in the Barrio Logan Community Plan Area.
Subitem-A: (R-2023-297)
Resolution determining that the approval of the Bayshore Bikeway easement vacation is categorically exemption from California Environmental Quality Act pursuant to CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations.
Directing the City Clerk to file a Notice of Exemption with the Clerk of the Board of Supervisors for the County of San Diego regarding the Project.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2023-298)
Resolution vacating a pedestrian overpass easement for the Bayshore Bikeway Barrio Logan project.
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Bryan Hudson, (619) 446-5333
City Attorney Contact: Corrine Neuffer
DISCUSSION, NOTICED HEARINGS:
Tuesday, December 13, 2022
Item 336: Smythe and Via De La Bandola Habitat Mitigation - Project No. 699253.
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 City expenditures being approved with this land use action.
Council District(s) Affected: 8.
Proposed Actions:
An application for a Coastal Development Permit to rehabilitate approximately
1.17 acres, enhance 2.75 acres, and maintain a 040-acre weed free buffer zone within City-jurisdictional riparian habitat for stormwater channel maintenance at Smythe and Via de la Bandola channels.
(R-2023-299)
Resolution Approving Coastal Development Permit No. 2590298 for the Smythe and Via de la Bandola Habitat Mitigation Project.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Catherine Rom, (619) 446-5277
City Attorney Contact: Corrine Neuffer
Item 337: Appeal of the Environmental Determination for As-Needed Tree Maintenance Services for Streets Right of Way / SS4400.
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. Appeal fees are paid by the appellant.
Council District(s) Affected: Citywide.
Proposed Actions:
Appeal of the Environmental Exemption determination pursuant to California Environmental Quality Act (CEQA) State Guidelines, Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) for an Agreement between the Tuesday, December 13, 2022
City of San Diego and West Coast Arborists, Inc. to perform tree maintenance services for streets right of way. The scope of work for the complete tree maintenance services that West Coast Arborists, Inc. will provide includes but is not limited to, the following: tree trimming, palm trimming, root pruning, installation of root barrier, stump grinding, tree planting and technical services.
The project was determined to be categorically exempt from CEQA on November 3, 2022. The scope of the subject hearing only includes the environmental determination and not the Agreement.
According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal and approve the environmental determination that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land); or
(2) By a majority vote, grant the appeal and set aside the environmental determination in accordance with San Diego Municipal Code Section 112.0520(f);
Directing the City Attorney to prepare the appropriate resolution according to Section 40 of the City Charter;
If the City Council grants the appeal, a lower-decision maker's decision to approve the project shall be held in abeyance. The City Council shall retain jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Planning/Environmental Analysis: Jordan Moore, (619) 236-5061 City Attorney Contact: Cassandra Mougin
Tuesday, December 13, 2022
Item 338: Appeal of the Environmental Determination for Landscape Services for Library Department (RFP 10089930-23-R).
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. Appeal fees are paid by the appellant.
Council District(s) Affected: Citywide.
Proposed Actions:
Appeal of the Environmental Exemption determination pursuant to California Environmental Quality Act (CEQA) State Guidelines, Section 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) for a Request for Proposal of Landscape Services for the Library Department. The RFP is utilized to procure bids from contractors that shall perform complete landscape maintenance for all Contract Sites (35 Library Branches, San Carlos Vacant Lot, and Ocean Beach Annex) identified, including, but not limited to, the following: irrigation, pruning, shaping and training of trees, shrubs, turf, and groundcover plants; fertilization; litter control; weed control; control of all plant diseases and pests; mowing; edging; renovation and aeration; sweeping; irrigation; signs, riparian trails, and all other maintenance required to maintain the Contract Sites included in the Contract in a safe, attractive, and useable condition and to maintain the plant material in good condition with horticulturally acceptable growth and color.
The project was determined to be categorically exempt from CEQA on November 7, 2022. The scope of the subject hearing only includes the environmental determination and not the Agreement.
According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal and approve the environmental determination that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land); or
(2) By a majority vote, grant the appeal and set aside the environmental determination in accordance with San Diego Municipal Code Section 112.0520(f);
Directing the City Attorney to prepare the appropriate resolution according to Section 40 of the City Charter;
Tuesday, December 13, 2022
If the City Council grants the appeal, a lower-decision maker's decision to approve the project shall be held in abeyance. The City Council shall retain jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Planning/Environmental Analysis: Greg Johansen, (619) 446-5372 City Attorney Contact: Jon D. Dwyer
Tuesday, December 13, 2022
PUBLIC NOTICES
Items are listed under Public Notices as a matter of public record only. These items do not require Council action and there is no public testimony.
Item 350: Approval of the Final Map “California Terraces – PA61 Lot 1” Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “California Terraces – PA61 Lot 1" (T.M. No. 2568950, PRJ No. 1056051) located at 1649 Calle Albatross, in the AR-1-1 and CC-1-3 zones, within the Otay Mesa Community Plan Area, Council District 8, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Greg Jeffries (619) 446-5132.
Tuesday, December 13, 2022
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT