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
Diana J.S. Fuentes
Interim City Clerk
City Administration Building
City Council Chambers- 12th Floor
202 C Street San Diego, CA 92101
Virtual Participation: https://sandiego.zoomgov.com/j/1601143486 To join by telephone: Dial 1-669-254 5252 + input Webinar ID: 160 114 3486 Monday, January 30, 2023
Monday, January 30, 2023
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AGENDA FOR THE
SPECIAL COUNCIL MEETING OF
MONDAY, JANUARY 30, 2023, AT 10:00 AM and 2:00 PM
CITY ADMINISTRATION BUILDING
12TH FLOOR, 202 “C” STREET SAN DIEGO, CA 92101
CITY COUNCIL MEETING
Virtual Participation: https://sandiego.zoomgov.com/j/1601143486 To join by telephone: Dial 1-669-254 5252 + input Webinar ID: 160 114 3486 Effective April 11, 2022, Council Chambers is open for in-person testimony.
FURTHER INFORMATION ON HOW TO PARTICIPATE IN THIS MEETING
IS FOUND AT THE END OF THE AGENDA
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.
Monday, January 30, 2023
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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。
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
ກກກກກກກກກກກກກກກກກກກກ1ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກ.”
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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: CLOSED SESSION PUBLIC COMMENT IS TAKEN DURING THE 10 AM MORNING PORTION OF THE AGENDA. THE COUNCIL ADJOURNS INTO CLOSED SESSION AT THE
CONCLUSION OF THE CLOSED SESSION PUBLIC COMMENT AND RESUMES THE PUBLIC PORTION OF THE MEETING AT 2 PM.
MONDAY, JANUARY 30, 2023 AT 10:00 AM
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON CLOSED SESSION
Monday, January 30, 2023
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MONDAY, JANUARY 30, 2023 AT 2:00 PM
ROLL CALL
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
ADOPTION AGENDA, CONSENT ITEMS
CONSENT, RESOLUTIONS TO BE ADOPTED:
Item 600: Agreement (H2326129) with Interwest Consulting Group for As-Needed Plan Check and Inspection Services in the Development Services Department.
Total Estimated Cost of Proposed Action and Funding Source:
Total cost for as-needed contract for plan check services is not-to-exceed $2,500,000, to be expended from the Development Services Enterprise Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-360 Cor. Copy) (Rev. 1/25/23)
Resolution authorizing an agreement with Interwest Consulting Group for asneeded plan check and inspection services in the City’s Development Services Department.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on January 11, 2023.
ACTION: Motion by Committee Member LaCava. seconded by Committee Member Lee, to recommend Council approval of staff's proposed actions and have staff return to the Budget and Government Efficiency Committee with an
ADOPTION AGENDA
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informational update regarding the Development Services Department's vacancies in November or December 2023.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Development Services: Gary Geiler, (619) 446-5366
City Attorney Contact: Noah Brazier
Item 601: Agreement (H2326128) with NV5, Inc., for As-Needed Plan Check and Inspection Services in the Development Services Department.
Total Estimated Cost of Proposed Action and Funding Source:
Total cost for as-needed contract for plan check services is not-to-exceed $2,500,000, to be expended from the Development Services Enterprise Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-359 Cor. Copy) (Rev. 1/25/23)
Resolution authorizing an agreement with NV5, Inc., for as-needed plan check and inspection services in the City’s Development Services Department.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on January 11, 2023.
ACTION: Motion by Committee Member LaCava, second by Committee Member Lee, to recommend Council approval of staff's proposed actions and have staff return to the Budget and Government Efficiency Committee with an informational update regarding the Development Services Department's vacancies in November or December 2023.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Development Services: Gary Geiler, (619) 446-5366
City Attorney Contact: Noah Brazier
Item 606: Appointment to the Privacy Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
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There no City expenditures being authorized with this action.
Council District(s) Affected: 1.
Proposed Actions:
(R-2023-365)
Resolution confirming the Mayor's appointment of Lee Duran to the Privacy Advisory Board for a term ending March 15, 2023.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 607: Amendments to the 2023 Legislative Calendar and FY 2024 Budget Development and FY 2023 Budget Monitoring Key Dates. (Added 1/25/23) (Rev. 1/26/23)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-364 Cor. Copy) (Rev. 1/27/23)
Resolution amending the 2023 Legislative Calendar.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 2: Ty Burch, (619) 533-3984
City Attorney Contact: Heather Ferbert
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Item 608: Resolutions to Reopen the Meet and Confer Process Related to the Memoranda of Understanding (MOU) between City of San Diego and Municipal Employees Association (MEA); American Federation of State, County and Municipal Employees, Local 127 (L127); Deputy City Attorneys Association of San Diego (DCAA); San Diego Police Officers Association (POA); and California Teamsters Local 911 (L911) Regarding PostEmployment Health Benefits for Eligible Employees Who Were Hired before July 1, 2005 and Retire after March 31, 2012. (Added 1/26/2023) Total Estimated Cost of Proposed Action and Funding Source:
There is no known additional fiscal impact as a result of this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-376)
Resolution approving the reopening of the meet and confer process related to the MOU between the City and MEA regarding post-employment health benefits for eligible employees who were hired before July 1, 2005 and retire after March 31, 2012.
6 votes required pursuant Article 5 of the Retiree Health MOUs. (Rev. 1/27/23)
Subitem-B: (R-2023-374)
Resolution approving the reopening of the meet and confer process related to the MOU between the City and Local 127 regarding post-employment health benefits for eligible employees who were hired before July 1, 2005 and retire after March 31, 2012.
6 votes required pursuant Article 5 of the Retiree Health MOUs. (Rev. 1/27/23)
Subitem-C: (R-2023-370)
Resolution approving the reopening of the meet and confer process related to the MOU between the City and DCAA regarding post-employment health benefits for eligible employees who were hired before July 1, 2005 and retire after March 31, 2012.
6 votes required pursuant Article 5 of the Retiree Health MOUs. (Rev. 1/27/23)
Subitem-D: (R-2023-372)
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Resolution approving the reopening of the meet and confer process related to the MOU between the City and POA regarding post-employment health benefits for eligible employees who were hired before July 1, 2005 and retire after March 31, 2012.
6 votes required pursuant Article 5 of the Retiree Health MOUs. (Rev. 1/27/23)
Subitem-E: (R-2023-373)
Resolution approving the reopening of the meet and confer process related to the MOU between the City and Local 911 regarding post-employment health benefits for eligible employees who were hired before July 1, 2005 and retire after March 31, 2012.
6 votes required pursuant Article 5 of the Retiree Health MOUs.
Committee Actions Taken: N/A
Human Resources: Brian Mallard, (619) 707-1785
City Attorney Contact: Thomas J. Brady
Item 609: Ratification of Mayor’s Proclamation of a Local Emergency – December 2022 and January 2023 Winter Storms. (Added 1/26/2023)
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-2023-375)
Resolution ratifying the Mayor's Proclamation of a Local Emergency made on January 24, 2023, and declaring a local emergency regarding the December 2022 and January 2023 winter storms, pursuant to California Government Code section 8630.
Committee Actions Taken: N/A
Office of Emergency Services: Megan Beall, (619) 533-6764 City Attorney Contact: Michelle Garland
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED IN CHAMBERS) Monday, January 30, 2023
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Item 602: Love Your Wetlands Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming February 4, 2023, to be “Love Your Wetlands Day” in the City of San Diego.
Item 603: Grace Kojima Day.
COUNCILMEMBER MORENO'S RECOMMENDATION:
Proclaiming February 3, 2023, to be "Grace Kojima Day" in the City of San Diego.
Monday, January 30, 2023
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ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 604: Audit Committee Public Member Appointment Process.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Direction on appointment of public member to Audit Committee.
Directing the City Attorney to prepare the appropriate resolution according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the Independent Budget Analyst: Charles Modica, (619) 236-6446 City Attorney Contact: Leslie FitzGerald
Item 605: Ratification of the Agreement with the California Business, Consumer Services, and Housing Agency and Approval Authorizing the Acceptance, Appropriation, and Expenditure of Round 2 of the State of California Encampment Resolution Funding Grant.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to authorize the Mayor, or designee, to accept, appropriate, and expend Encampment Resolution Funding Grant Program Round 2 Lookback Disbursement (ERF-2-L) funds in an amount not-to-exceed $2,446,500.00.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-363)
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
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Resolution ratifying an agreement with the California Business, Consumer Services, and Housing Agency and authorizing the acceptance, appropriation, and expenditure of Round 2 funding from the State of California Encampment Resolution Funding Grant Program.
Committee Actions Taken: N/A
Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Jose A. Garcia
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.)
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 610: Call for Nominations to the Commission on Police Practices. (Added 1/26/2023)
The Commission on Police Practices (Commission) is an investigatory body of the City, independent of the Mayor, Police Chief, and Police Department.
Effective December 18, 2020, City Charter section 41.2 established the Commission on Police Practices, which supersedes and replaces the Community Review Board on Police Practices. The implementation ordinance for the Commission on Police Practices took effect on November 19, 2022.
In accordance with SDMC §26.1105, City Council is responsible for appointing all members of the Commission. Council Policy 000-13: Procedure for Mayor and Council Appointments, includes a process for each Council member to submit nominations to fill these seats. Nominations shall also be considered from the public, community-based organizations, or the Commission.
The public and community-based organizations may nominate a candidate by filling out a nomination form with appropriate supportive documents at bit.ly/nominatecpp. The public and community-based organizations may submit one nominee for each seat. The Council shall only consider written nominations Monday, January 30, 2023
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made by the public and community-based organizations if nominees accept their nomination in writing prior to Council consideration.
Each Councilmember may also submit one nominee for each seat. In the appointment process, Council shall submit a nomination packet, which shall include the nomination memo, a copy of the completed onboard application, and any additional information in support of the such nominee. Council shall submit all nominations packets directly to [email protected].
The deadline for submission for Council review is February 15, 2023 11:59pm.
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Monday, January 30, 2023
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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.
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 Public Comment on Agenda Items
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.
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Each speaker may speak up to three minutes, for meeting management purposes. Speakers participating virtually may not allocate their time to other speakers.
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.
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.
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, and Closed Session Public Comment may also 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 Monday, January 30, 2023
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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)
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.
Please click the link below to join the webinar:
https://sandiego.zoomgov.com/j/1601143486
To join by telephone: Dial 1-669-254 5252
When prompted, input Webinar ID: 160 114 3486