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 • 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, January 10, 2023
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, JANUARY 10, 2023, AT 10:00 AM
CITY ADMINISTRATION BUILDING
Tuesday, January 10, 2023
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.
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:
Members of the public shall be given the opportunity to address the Council. The Council President may determine the number of speakers on an agenda item or reduce the amount of time available to each speaker to appropriately manage the meeting and ensure the Council has time to consider all the agenda items. A member of the public may only provide one comment per agenda item.
In Person Comment on Agenda Items
Each speaker must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak indicating which item they wish to speak on. Speaker slips may not be turned in prior to the day of the meeting or after completion of in-person testimony.
In person testimony will conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if they represent an organization or another person.
Each speaker may speak up to three minutes, for meeting management purposes, in addition to any time ceded by other members of the public who are present at the meeting and have submitted a speaker slip ceding them time. These speaker slips should be submitted together at one time to the City Clerk. The Council President may also limit organized group presentations of five or more persons to 15 minutes or less.
Virtual Platform Comment on Agenda Items
Tuesday, January 10, 2023
Members of the public may participate virtually (by telephone or internet streaming) as indicated below. Speakers who wish to provide virtual public comment must enter the virtual queue by raising their virtual hands 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.
Each speaker may speak up to three minutes, for meeting management purposes. Speakers participating virtually may not allocate their time to other speakers.
Non-Agenda Public Comment
Every agenda for a regular Council meeting shall provide a period on the agenda for members of the public to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. Non-Agenda Public Comment shall be subject to the exercise of the Council President’s discretion for a given agenda.
In order to ensure that the Council has time to consider all agenda items, Non-Agenda Public Comment on particular issues and for each individual speaker will be as follows:
Each speaker will be limited to two minutes. Speakers may not allocate their time to other speakers. If there are eight or more speakers on a single issue, the maximum time for the issue will be 16 minutes. The order of speaking generally will be determined on a first-come, firstserved basis, however, priority may be given to speakers who have not addressed the legislative body during Non-Agenda Public Comment at the last regularly scheduled Council meeting. A member of the public may only provide one non-agenda comment per agenda.
In-Person Non-Agenda Public Comment
Each speaker who wishes to address the Council must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak. Speaker slips may not be turned in prior to the meeting date or after completion of in-person testimony. In-person testimony shall conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if representing an organization or another person.
Tuesday, January 10, 2023
Virtual Non-Agenda Public Comment
Members of the public may participate virtually (by telephone or internet streaming) as indicated on the meeting agenda. Speakers who wish to provide virtual public comment must enter the virtual queue by raising their virtual hands 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.
Comment on Agenda Items, Non-Agenda 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)
Interpretation of Public Comment
The Council shall provide twice the allotted time to a member of the public who uses an interpreter to provide public testimony.
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. To raise your hand via a phone-in please press *9 and unmute when the Clerk calls on you by pressing *6. If you are participating via the webinar platform please press the raise your hand icon and the unmute button when prompted.
https://sandiego.zoomgov.com/j/1601143486
To join by telephone: Dial 1-669-254 5252 +
Tuesday, January 10, 2023
When prompted, input Webinar ID: 160 114 3486
LATE-ARRIVING MATERIALS
Pursuant to the Brown Act, California Government Code Section 54957.5(b), 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 “Late Arriving Materials” 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 Tuesday, January 10, 2023
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.”
Tuesday, January 10, 2023
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.
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, JANUARY 10, 2023, AT 10:00 AM
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING AGENDA
APPROVAL OF COUNCIL MINUTES
12/5/2022
12/6/2022
Tuesday, January 10, 2023
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 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)
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
Item 51: Exemption of Program Manager Position in SDCERS From the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, January 10, 2023
The funding for this position is included within the SDCERS budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-99)
Introduction of an Ordinance authorizing the exemption of one Program Manager position in the San Diego City Employees' Retirement System from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 8, 2022. This position will oversee the department's information technology programs. This action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
SDCERS: Colin Brazile, (619) 525-3630
City Attorney Contact: Miguel Merrell
Tuesday, January 10, 2023
ADOPTION AGENDA
Item 52: Amendments to the San Diego Municipal Code Related to San Diego Housing Commission Board Commissioner Minimum Qualifications.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 12/5/2022, Item 200 (Council voted 8-0, Councilmember Montgomery Steppe-not present):
(O-2023-86)
Ordinance amending Chapter 9, Article 8, Division 3 of the San Diego Municipal Code by amending Section 98.0301, relating to qualifications of the San Diego Housing Commission Board of Commissioners.
Committee Actions Taken:
This item was heard at the Select Committee on San Diego Housing Commission Oversight and Reform meeting on July 25, 2022.
ACTION: Motion by Vice Chair Cate, second by Committee Member von Wilpert, to request the Office of the City Attorney to work with Councilmember Whitburn’s Office to bring amendments to the San Diego Municipal Code Section 98.0301(f) for City Council consideration that would:
Require members appointed to serve on the San Diego Housing Commission Board of Commissioners, excluding tenant Commissioners pursuant to Section
98.0301(f)(1), to have at least 5 years of experience in the areas of real estate finance, affordable housing, homelessness, workforce development, healthcare, nonprofit, education, or community-based organizations.
VOTE: 3-0; Whitburn-yea, Cate-yea, von Wilpert-yea, LaCava-not present.
Council District 3: Jacob O'Neill, (619) 236-6633
City Attorney Contact: Justin Bargar
Item 53: Mira Mesa Community Plan Update.
Total Estimated Cost of Proposed Action and Funding Source:
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, January 10, 2023
There are no expenditures associated with this action.
Council District(s) Affected: 6.
Proposed Actions:
Adopt the following Ordinance which was introduced on 12/5/2022, Item 204, Subitem-C and Subitem-D (Council voted 8-0, Councilmember Montgomery Steppe-not present):
Subitem-A: (O-2023-87)
Ordinance Amending the Land Development Code Relating to Mixed-Use Base Zones at Chapter 13, Article 1, Division 7 and the Community Plan Implementation Overlay Zone at Chapter 13, Article 2, Division 14.
Subitem-B: (O-2023-85)
Ordinance Rezoning Approximately 10,020 Acres Located within the Mira Mesa Community Planning Area, in the City of San Diego, California.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on November 17, 2022.
ACTION: Motion by Committee Member Cate, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Cate-yea.
Planning: Alex Frost, (619) 236-6006
City Attorney Contact: Jeanne MacKinnon
Tuesday, January 10, 2023
Item 54: 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.
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:
Adopt the following Ordinance which was introduced on 12/12/2022, Item S401, Subitem-B (Council voted 9-0):
(O-2023-94 Cor. Copy)
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 rightsof-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
Item 55: 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:
Tuesday, January 10, 2023
Authorization of this first amendment increases the not-to-exceed amount of the original as-needed 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:
Adopt the following Ordinance which was introduced on 12/6/2022, Item 50 (Council voted 8-0, Councilmember Montgomery Steppe-not present):
(O-2023-78)
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 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: William Curcio, (619) 908-2555
City Attorney Contact: Ray Palmucci
Item 56: 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:
Tuesday, January 10, 2023
Adopt the following Ordinance which was introduced on 12/6/2022, Item 51 (Council voted 8-0, Councilmember Montgomery Steppe-not present):
(O-2023-89)
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 57: Exemption of One Program Coordinator Position in the Department of Information Technology from the 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:
Adopt the following Ordinance which was introduced on 12/6/2022, Item 52 (Council voted 7-1, Councilmember Moreno-nay, Councilmember Montgomery Steppe-not present):
(O-2023-90)
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 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
Tuesday, January 10, 2023
Item 58: 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:
Adopt the following Ordinance which was introduced on 12/6/2022, Item 53 (Council voted 8-0, Councilmember Montgomery Steppe-not present):
(O-2023-82)
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 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 59: 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.
Tuesday, January 10, 2023
Proposed Actions:
Adopt the following Ordinance which was introduced on 12/6/2022, Item 54 (Council voted 8-0, Councilmember Montgomery Steppe-not present):
(O-2023-81)
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 60: 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:
Adopt the following Ordinance which was introduced on 12/13/2022, Item 50 (Council voted 9-0):
(O-2023-93)
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
Tuesday, January 10, 2023
Office of the City Clerk: Elizabeth Maland, (619) 533-4080 City Attorney Contact: Hilda R. Mendoza
Item 61: 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:
There are no costs associated with this Action.
Council District(s) Affected: 2.
Proposed Actions:
Adopt the following Ordinance which was introduced on 12/13/2022, Item 51 (Council voted 9-0):
(O-2023-95)
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 62: 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 Tuesday, January 10, 2023
in Fiscal Year 2023. The positions will be requested in the Fiscal Year 2024 budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 12/13/2022, Item 52 (Council voted 8-1, Councilmember Moreno-nay):
(O-2023-88)
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 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 63: 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:
Adopt the following Ordinance which was introduced on 12/13/2022, Item 53 (Council voted 9-0):
(O-2023-96)
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 Tuesday, January 10, 2023
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 64: 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.
Proposed Actions:
Adopt the following Ordinance which was introduced on 12/13/2022, Item 54 (Council voted 8-1, Councilmember Moreno-nay):
(O-2023-92)
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
Item 65: Amendments to the San Diego Municipal Code Regarding Beach Fires.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 1, 2.
Proposed Actions:
Adopt the following Ordinance which was introduced on 12/13/2022, Item 333, Subitem-B (Council voted 8-0, Councilmember Moreno-not present):
Tuesday, January 10, 2023
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. (O-2023-91 Cor. Copy)
Ordinance amending the San Diego Municipal Code regarding beach fires.
Committee Actions Taken:
This item was heard at the Environment Committee meeting of May 26, 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
Tuesday, January 10, 2023
ADOPTION AGENDA
Item 100: Ratification of Emergency Sole Source Contract Between the City of San Diego and Service America Corporation (dba Centerplate) for Food Services for Operation Shelter to Home.
Total Estimated Cost of Proposed Action and Funding Source:
This agreement is for an amount of $9,776,628.53; funding sources include:
Coronavirus Aid, Relief, and Economic Security (CARES) fund, State of California COVID-19 Homeless Emergency Grants, Homeless Emergency Aid Program (HEAP) grant, and Community Development Block Grant (CDBG) funds.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-330)
Resolution ratifying an emergency sole source contract, pursuant to San Diego Municipal Code section 22.3208(d), with Service America Corporation (dba Centerplate) in the amount of $9,776,628.53. The City contracted with Centerplate to provide necessary food services to those housed in the Convention Center as part of Operation Shelter to Home, established as part of the declaration of a local emergency due to COVID-19.
6 votes required pursuant to SDMC 22.3208
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting of December 7, 2022.
ACTION: Motion by Vice Chair Elo-Rivera, second by Committee Member Moreno, 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
Item 101: Authorization to Accept, Appropriate, and Expend Two Grant Awards from the California Governor’s Office of Emergency Services to Expand the Capabilities of Your Safe Place – A Family Justice Center, Within the Office of the City Attorney, and Authorization for the San Diego City Attorney to Execute the Grant Award Agreements.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, January 10, 2023
Total Estimated Cost of Proposed Action and Funding Source:
The total revenue granted in the AR Program Grant Award is $65,000. There are no cost share requirements. The total revenue applied for in UV Program Grant Award funds is $196,906. The UV Program requires a cash and/or in-kind match equal to 20% of the total project cost by the City. The City’s required match of $49,226, is available from the San Diego City Attorney general fund budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-331)
Resolution of the Council of the City of San Diego accepting, appropriating, and expending two grant awards from the California Governor's Office of Emergency Services on behalf of Your Safe Place-A Family Justice Center, within the Office of the City Attorney, and authorizing the San Diego City Attorney to execute the grant agreements, including any amendments, extensions, or renewals that may become necessary.
Committee Actions Taken: N/A
Office of the City Attorney: Diane Doherty, (619) 533-3583 City Attorney Contact: Justin Bargar
Item 102: Resolution Excusing Councilmember Joe LaCava from Attending the July 25, 2022, Council Meeting.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 1.
Proposed Actions:
(R-2023-315)
Resolution excusing a Councilmember from attending a meeting.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 1: Steve Hadley, (619) 236-6972
City Attorney Contact: Jose A. Garcia
Tuesday, January 10, 2023
Item S502: Recommend Council to Adopt a Resolution Authorizing Teleconferenced Public Meetings Pursuant to Government Code Section 54953. (Added 1/6/23)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-350)
Resolution reconsidering the circumstances of the state of emergency related to COVID-19 and making findings to continue teleconferencing public meetings pursuant to the Ralph M. Brown Act.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council President’s Office: Lydia Van Note, (619) 236-6699 City Attorney Contact: Heather Ferbert
Tuesday, January 10, 2023
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
Tuesday, January 10, 2023
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Trinity Lutheran Day.
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming January 22, 2023 to be “Trinity Lutheran Day” in the City of San Diego.
Item S500: Dr. Martin Luther King Jr. Community Celebration and Parade Day. (Added 1/5/23)
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming January 21, 2023 to be “Dr. Martin Luther King Jr. Community Celebration and Parade Day” in the City of San Diego.
Item S501: USD Volleyball Day. (Added 1/5/23)
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER CAMPILLO’S RECOMMENDATION:
Proclaiming January 10, 2023, to be, “USD Volleyball Day” in the City of San Diego.
Tuesday, January 10, 2023
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
Tuesday, January 10, 2023
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.
Tuesday, January 10, 2023
TUESDAY, JANUARY 10, 2023, AT 2:00 PM
ROLL CALL
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FO AFTERNOON SESSION
INFORMATIONAL ITEMS
Item 330: 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.
Continued from the meeting of Tuesday December 13, 2022, Item 332, at the request of Council President Pro Elo-Rivera, to allow enough discussion on the current agenda items.
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
Public Utilities: Adam Jones, (858) 614-4030
Item 331: Library Master Plan Framework Informational Update.
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
Library: Misty Jones, (619) 236-5870
ADOPTION AGENDA, DISCUSSION ITEMS
Tuesday, January 10, 2023
ADOPTION AGENDA
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Item 332: Recognized Obligation Payment Schedule for Fiscal Year 2023-2024.
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 Staff Report-Fiscal Considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-343)
A Successor Agency Resolution approving the Seventeenth Recognized Obligation Payment Schedule for July 1, 2023, through June 30, 2024 (ROPS 17), approving an administrative budget for the ROPS 17 Fiscal Year, and authorizing the Mayor and Chief Financial Officer to carry out certain related actions.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6493
City Attorney Contact: Kevin Reisch
Item 333: Second Amendment to the Citywide Security Service Agreement with Invicta Security CA Corporation dba Allstate Security.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
This action increases expenditure authority by $4M to $28,910,721 total over the contract term; impacts operational funds in the General Fund for the Public Library, Parks & Recreation, Facilities, & Office of the City Treasurer Departments, as well as departments that may require security services related to homelessness initiatives. Department security expenditures will be contingent upon ongoing security needs and available budget will be approved as part of the annual appropriations process.
Council District(s) Affected: Citywide.
Proposed Actions:
Tuesday, January 10, 2023
(R-2023-342)
Resolution authorizing the Mayor, or his designee, to execute the Second Amendment to the Agreement with Invicta Security CA Corporation dba Allstate Security for additional citywide security services, increasing the expenditure authority by $4,000,000, for a total amount not-to-exceed $28,910,721.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting of December 7, 2022.
ACTION: Motion by Vice Chair Elo-Rivera, second by Chair Cate, 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
Item S503: Consideration of Appointment of an Interim City Clerk. (Added 1/6/23)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-354)
Resolution appointing an interim City Clerk and setting initial annual salary in the position.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council President’s Office: Lydia Van Note, (619) 236-6699 City Attorney Contact: Miguel Merrell
Tuesday, January 10, 2023
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT