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 Tuesday, February 14, 2023
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, FEBRUARY 14, 2023, AT 10:00 AM and 2:00 PM
CITY ADMINISTRATION BUILDING
Tuesday, February 14, 2023
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 California Senate Bill 343 (Section 54957.5(b) of the Brown Act), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Council Chambers in the lobby of the 12th floor of the City Administration Building in a binder labeled “SB 343.” Late-arriving materials received during the City Council meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.
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 Tuesday, February 14, 2023
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。
“ການຮ້ອງຂໍບໍລິການນາຍແປພາສາເພື່ອສະເໜີຄໍາຄິດເຫັນຕໍ່ສາທາລະນະອາດສາມາດເຮັດໄດ້ໂດຍການຕິດຕໍ່ຫາ City Clerk ທີ່ (619) 533-4000 ຫຼືສົ່ງອີເມລຫາ: [email protected]. City ມີຄວາມມຸ່ງມັ້ນທີ່ຈະແກ້ໄຂຄຳຮ້ອງຂໍໃຫ້ແປພາສາຢ່າງໄວເພື່ອໃຫ້ປະຊາຊົນມີສ່ວນຮ່ວມສູງສຸດ.” Tuesday, February 14, 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.
TUESDAY, FEBRUARY 14, 2023 AT 10:00 AM
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
APPROVAL OF COUNCIL MINUTES
1/16/2023 Adjourned
1/17/2023 Adjourned
1/23/2023
1/24/2023
Tuesday, February 14, 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: Request to Exempt One (1) Program Coordinator Position in the Public Utilities Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The estimated cost for this budgeted position is anticipated to be $120,000, and is funded by the Municipal Sewer Revenue Fund and the Water Utility Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-104)
Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the City's Public Utilities Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 8, 2022. This position will be responsible for overseeing enterprise system analysis for the Customer Support Division. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Public Utilities: Bijan Mostafavi, (619) 533-7404
City Attorney Contact: Miguel Merrell
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, February 14, 2023
Item 51: Fourth Amendment to an Agreement for Downtown Circulator Shuttle Services.
Total Estimated Cost of Proposed Action and Funding Source:
The requested actions appropriate additional funding in the amount of $1.2 million from Fund 200489, Downtown Community Park District revenue. For Fiscal Year 2023, the extension of service is estimated to cost an amount notto-exceed $200,000. The cost for Fiscal Year 2024 is estimated not-to- exceed $1 million through April 20, 2024. (Rev. 2/10/23)
Council District(s) Affected: 3.
Proposed Actions:
(O-2023-107)
Introduction of an Ordinance of the Council of the City of San Diego approving a fourth amendment to an agreement between the City of San Diego and San Diego Free Ride, LLC and Tag-A-Long San Diego, LLC for a demand-response downtown circulator shuttle and approving related funding. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 25, 2023.
ACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Sustainability and Mobility: Krystal Ayala, (619) 236-7079 City Attorney Contact: Kate Malcolm
Tuesday, February 14, 2023
ADOPTION AGENDA
Item 60: Award a Consultant Agreement, Contract #H2125782, to Michael Baker International to Provide Professional Design and Construction Support Services for the Kearny Mesa Trunk Sewer TS17 Project.
Total Estimated Cost of Proposed Action and Funding Source:
Cost $5,500,000.00, Muni Sewer Utility CIP Fund. This project will be Phase funded.
Council District(s) Affected: 6, 7.
Proposed Actions:
Subitem-A: (R-2023-390)
Resolution determining that the award and execution of the consultant agreement with Michael Baker International to provide professional design and construction support services for the Kearny Mesa Trunk Sewer TS17 Project is statutorily exempt from CEQA pursuant to State CEQA Guidelines section 15262.
Subitem-B: (O-2023-110)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute an 87-month agreement with Michael Baker International for design and construction support services for the Kearny Mesa Trunk Sewer TS17 project in an amount not-to-exceed $5,500,000, and related actions. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 25, 2023.
ACTION: Motion by Committee Member Montgomery Steppe, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
ADOPTION AGENDA
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, February 14, 2023
Item 100: Award a Consultant Agreement, Contract #H2225964, to Hazen and Sawyer to Provide Professional Design and Construction Support Services for the Otay 2nd Pipeline Phase 5 Replacement Project.
Total Estimated Cost of Proposed Action and Funding Source:
The phase funded agreement with Hazen and Sawyer is in the total amount not-to-exceed $3,247,222, of which $2,174,437, is for the first phase and $1,072,785, is for all subsequent phases.
Council District(s) Affected: 4.
Proposed Actions:
(R-2023-391)
Resolution authorizing award and execution of the consultant agreement with Hazen and Sawyer for professional design and construction support services for the Otay 2nd Pipeline Phase 5 Replacement Project and taking related actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 25, 2023.
ACTION: Motion by Committee Member Montgomery Steppe, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Adam Wander
Tuesday, February 14, 2023
Item 101: FY 2023 Community Projects, Programs and Services Funding Allocations to A.) Pacific Beach Community Development Corporation dba Discover PB, B.) San Diego Fleet Week Foundation, and C.) Point Loma Rotary Club.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Mayor and his designee to enter into Agreements for an amount not-to-exceed $8,000, with A.) Pacific Beach Community Development Corporation dba Discover PB ($2,000), B.) San Diego Fleet Week Foundation ($3,000), and C.) Point Loma Rotary Club ($3,000).
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2023-367)
Resolution determining that approval of the Community Projects, Programs, and Services FY 2023 City Council Allocation Agreements between the City and (1) The Pacific Beach Community Development Corporation dba Discover Pacific Beach, (2) San Diego Fleet Week Foundation, and (3) Point Loma Rotary Club are exempt from the California Environmental Quality Act pursuant to Section 15301 and 15323 of the CEQA Guidelines.
Subitem-B: (R-2023-366)
Resolution authorizing the Mayor, or designee, to enter into Agreements with (1) The Pacific Beach Community Development Corporation dba Discover Pacific Beach, (2) San Diego Fleet Week Foundation, and (3) Point Loma Rotary Club, in an amount not-to-exceed $8,000, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs, and Services." Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
Tuesday, February 14, 2023
Item 102: Reappointments to the Citizens Equal Opportunity Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 7, 9.
Proposed Actions:
(R-2023-381)
Resolution confirming the Mayor's reappointment of John-David Gonzales and Eric B. Wilson to the Citizens Equal Opportunity Commission for terms ending January 1, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Tuesday, February 14, 2023
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: San Diego Legion Opening Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming February 18, 2023, to be “San Diego Legion Opening Day” in the City of San Diego.
Item 31: Engineers Week.
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming February 19 through February 25, 2023, to be “Engineers Week” in the City of San Diego.
Item 32: Black History Month.
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE’S RECOMMENDATION:
Proclaiming February 2023 to be, “Black History Month” in the City of San Diego.
Item 33: Gary Blume’s Total Altruism Project Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming February 14, 2023, to be “Gary Blume Day” in the City of San Diego.
Item 34: Alejandra Mier y Teran.
COUNCILMEMBER MORENO'S RECOMMENDATION:
Proclaiming February 24, 2023 to be, "Alejandra Mier y Teran Day" in the City of San Diego. (Rev. 2/10/23)
Tuesday, February 14, 2023
Item 35: Pacific Beach Three-Alarm Fire Emergency Response Appreciation Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming February 14, 2023, to be “Pacific Beach Three-Alarm Fire Emergency Response Appreciation Day” in the City of San Diego.
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
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.) Tuesday, February 14, 2023
TUESDAY, FEBRUARY 14, 2023 AT 2:00 PM
ROLL CALL
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: 2022 Update to the San Diego Municipal Code (Land Development Code) and Local Coastal Program and Amendment to Floor Area Ratio Bonus and Citywide Park Development Impact Fee Resolutions.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed code amendments do not change any current funding mechanisms or funds. Costs associated with implementation of the proposed amendments will be covered by development project applicants.
Council District(s) Affected: Citywide.
Proposed Actions:
The Land Development Code (LDC) provides the City's regulations for the development and use of property within the City of San Diego and provides information on zoning, subdivisions, grading and other related land use activities. The City Council recognizes the importance of an annual LDC revision that removes unnecessary barriers to simplify and streamline permitting processes (LDC Update). The 2022 LDC Update includes amendments that will align policy with the City’s climate, equity and housing goals, include regulatory reform, comply with state law, and include corrections and clarifications. This item also includes amendments to the Centre City Planned District Ordinance, amendments to Resolution R–307481 regarding the Floor Area Ratio (FAR) Payment Bonus Program, and Resolution R–313688, adopting a New Citywide Park Development Impact Fee.
Subitem-A: (O-2023-111 Cor. Copy 2) (Rev. 2/10/23)
Introduction of an ORDINANCE AMENDING CHAPTER 11, ARTICLE 2, DIVISION 3 OF THE SAN DIEGO MUNICIPAL CODE BY AMENDING SECTIONS 112.0302, 112.0303, AND 112.0304; BY AMENDING CHAPTER 11, ARTICLE 2, DIVISION 5 OF THE SAN DIEGO MUNICIPAL CODE BY AMENDING SECTION 112.0501; BY DISCUSSION, NOTICED HEARINGS:
Tuesday, February 14, 2023
AMENDING CHAPTER 11, ARTICLE 2, DIVISION 6 BY AMENDING SECTIONS 112.0601 AND 112.0604; BY AMENDING CHAPTER 11, ARTICLE 3, DIVISION 1 BY AMENDING SECTION 113.0103; BY AMENDING CHAPTER 12, ARTICLE 5, DIVISION 9 BY AMENDING SECTION 125.0940; BY AMENDING CHAPTER 12, ARTICLE 6, DIVISION 1 BY AMENDING SECTION 126.0108; BY AMENDING CHAPTER 12, ARTICLE 6, DIVISION 3 BY AMENDING SECTION 126.0303; BY AMENDING CHAPTER 12, ARTICLE 6, DIVISION 5 BY AMENDING SECTION 126.0502; BY AMENDING CHAPTER 12, ARTICLE 6, DIVISION 7 BY AMENDING SECTIONS 126.0704, 126.0707, AND 126.0709; BY AMENDING CHAPTER 12, ARTICLE 8, DIVISION 3 BY AMENDING SECTION 128.0305; BY AMENDING CHAPTER 12, ARTICLE 9, DIVISION 7 BY AMENDING SECTION 129.0710; BY AMENDING CHAPTER 13, ARTICLE 1, DIVISION 2 BY AMENDING SECTION 131.0222; BY AMENDING CHAPTER 13, ARTICLE 1, DIVISION 3 BY AMENDING SECTION 131.0322; BY AMENDING CHAPTER 13, ARTICLE 1, DIVISION 4 BY AMENDING SECTIONS 131.0422, 131.0431, AND 131.0443; BY AMENDING CHAPTER 13, ARTICLE 1, DIVISION 5 BY AMENDING SECTION 131.0522; BY AMENDING CHAPTER 13, ARTICLE 1, DIVISION 6 BY AMENDING SECTIONS 131.0620 AND 131.0622; BY AMENDING CHAPTER 13, ARTICLE 1, DIVISION 7 BY AMENDING SECTIONS 131.0701, 131.0707, AND 131.0718; BY AMENDING CHAPTER 13, ARTICLE 2, DIVISION 4 BY AMENDING SECTIONS 132.0402 AND ADDING SECTION 132.0404; BY AMENDING CHAPTER 14, ARTICLE 1, DIVISION 3 BY AMENDING SECTIONS 141.0302 AND 141.0318; BY AMENDING CHAPTER 14, ARTICLE 1, DIVISION 4 BY AMENDING SECTIONS 141.0407, 141.0420, AND 141.0421, AND BY ADDING NEW SECTION 141.0422; BY AMENDING CHAPTER 14, ARTICLE 2, DIVISION 3 BY AMENDING SECTION 142.0305; BY AMENDING CHAPTER 14, ARTICLE 2, DIVISION 4 BY AMENDING SECTIONS 142.0402, 142.0403, 142.0404, 142.0405, 142.0407, 142.0412, AND 142.0413; BY AMENDING CHAPTER 14, ARTICLE 2, DIVISION 5 BY AMENDING SECTION 142.0560; BY AMENDING CHAPTER 14, ARTICLE 2, DIVISION 6 BY AMENDING SECTION 142.0640; BY AMENDING CHAPTER 14, ARTICLE 2, DIVISION 12 BY AMENDING SECTION 142.1250; BY AMENDING CHAPTER 14, ARTICLE 2, DIVISION 13 BY AMENDING SECTIONS 142.1305 AND 142.1307; BY AMENDING CHAPTER 14, ARTICLE 3, DIVISION 2 BY AMENDING SECTION 143.0212; BY AMENDING CHAPTER 14, ARTICLE 3, DIVISION 7 BY AMENDING SECTIONS 143.0720, 143.0740, 143.0742, 143.0744, 143.0745, AND 143.0746; BY AMENDING CHAPTER 14, ARTICLE 3, DIVISION 9 BY AMENDING SECTION 143.0915; BY AMENDING CHAPTER 14, ARTICLE 3, DIVISION 10 BY AMENDING SECTIONS 143.1001 AND 143.1002, RETITLING SECTION 143.1010, AND AMENDING SECTIONS 143.1015, 143.1020, AND 143.1025; BY AMENDING CHAPTER 14, ARTICLE 3, DIVISION 11 BY AMENDING SECTIONS 143.1102 AND 143.1103; BY AMENDING CHAPTER 14, ARTICLE 3, DIVISION 13 BY AMENDING SECTION 143.1310; BY AMENDING CHAPTER 15, ARTICLE 1, DIVISION 1 BY AMENDING SECTION 151.0103; BY AMENDING CHAPTER 15, ARTICLE 3, DIVISION 3 BY AMENDING SECTION 153.0311; BY AMENDING CHAPTER 15, ARTICLE 5, DIVISION 2 BY AMENDING SECTIONS 155.0231, 155.0238, AND 155.0242; BY AMENDING CHAPTER 15, ARTICLE 13, DIVISION 3 BY AMENDING SECTION 1513.0304; AND BY AMENDING CHAPTER 15, ARTICLE 16, DIVISION 1 BY AMENDING SECTIONS 1516.0114 AND 1516.0119, RELATING TO THE 2022 LAND DEVELOPMENT CODE UPDATE.
Subitem-B: (O-2023-112 Cor. Copy) (Rev. 2/8/23)
Tuesday, February 14, 2023
Introduction of an ORDINANCE AMENDING CHAPTER 15, ARTICLE 6, DIVISION 3 OF THE SAN DIEGO MUNICIPAL CODE BY AMENDING SECTIONS 156.0301, 156.0302, 156.0304, 156.0306, 156.0307, 156.0308, 156.0309, 156.0310, 156.0311, 156.0313, AND 156.0315, RELATING TO THE CENTRE CITY PLANNED DISTRICT ORDINANCE.
Subitem-C: (R-2023-346 Cor. Copy) (Rev. 2/8/23)
Resolution authorizing the amendments to Resolution R–307481 regarding the Floor Area Ratio (FAR) Payment Bonus Program.
Subitem-D: (R-2023-345 Cor. Copy) (Rev. 2/8/23)
Resolution authorizing the amendments to Resolution R–313688, adopting a New Citywide Park Development Impact Fee.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on January 12, 2023.
ACTION: Motion by Committee Member Whitburn, second by Committee Member Lee, to recommend Council approval of staff's recommendation and the following items be provided prior to City Council:
A. Request that the City Attorney provide the Council with a written opinion regarding two things:
1. An opinion of whether on-site affordable units are required as part of the Complete Communities program.
2. An opinion on what process would need to be followed if the Council desired to allow affordable units to be built off-site.
B. Request that the Planning Department provide the Council in writing an analysis of allowing affordable requirements to be met with off-site units within the Complete Communities program, including whether the current program includes distance requirements for off-site units.
VOTE: 3-1; Moreno-yea, Whitburn-yea, Lee-yea, LaCava-nay.
Planning: Corey Funk, (619) 533-3945
City Attorney Contact: Shannon Eckmeyer
Tuesday, February 14, 2023
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: Call for Nominations to the Commission on Police Practices.
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 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.
Tuesday, February 14, 2023
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, February 14, 2023
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.
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 Tuesday, February 14, 2023
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 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)
Tuesday, February 14, 2023
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