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 Tuesday, February 28, 2023
AGENDA FOR THE
REGULAR COUNCIL MEETING OF
TUESDAY, FEBRUARY 28, 2023, AT 10:00 AM and 2:00 PM
CITY ADMINISTRATION BUILDING
Tuesday, February 28, 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.
Tuesday, February 28, 2023
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.
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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, February 28, 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 28, 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
1/30/2023 Adjourned
1/30/2023 Special
1/31/2023 Adjourned
Tuesday, February 28, 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: Pure Water Program – Amendment No. 3 to the Agreement with Jacobs-CH2M Hill Engineers, Inc. for As-Needed Construction Management Services – Conveyance Projects - Contract Number H176955.
Total Estimated Cost of Proposed Action and Funding Source:
An amount not-to-exceed $40,000,000.00, for a contract extension of 39 months, thus increasing the total amount of the agreement to $85,000,000.00, and increasing the contract duration to 99 months from the following two Water Funds: 700011 (Water Utility Operating), 700010 (Water Utility CIP); and the two Sewer Funds: 700001(Metro Sewer Utility), 700009 (Metro Sewer CIP).
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-117 Cor. Copy)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 3 to the Agreement with Jacobs-CH2M Hill Engineers, Inc. extending the Agreement through July, 2026, in connection with an As-Needed Construction Management Services - Conveyance Projects for the Pure Water project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on February 9, 2023.
ACTION: Motion by Vice Chair von Wilpert, second by Chair LaCava, to recommend Council approval of Staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 City Attorney Contact: Elizabeth Cason
Item 51: Request to Exempt One (1) Assistant Deputy Director Position in the Public Utilities Department from the Classified Service.
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, February 28, 2023
Total Estimated Cost of Proposed Action and Funding Source:
The estimated cost for this budgeted position is anticipated to be $166,000 and is funded by the Water Utility Operating Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-113)
Introduction of an Ordinance authorizing the exemption of an Assistant Deputy Director 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 November 3, 2022. This position will be responsible for developing and overseeing the Dam Safety Program. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Miguel Merrell
Tuesday, February 28, 2023
ADOPTION AGENDA
Item 52: Pure Water – Second Amendment to the Agreement with Trussell Technologies, Inc. for Specialized Technical Support Services for North City Pure Water Facility and Demonstration Pure Water Facility (H186591).
Total Estimated Cost of Proposed Action and Funding Source:
The Second Amendment will increase the not-to-exceed amount by $3,190,000.00. Water Utility Operating Fund, contingent upon adoption of the Annual Appropriation Ordinance for the applicable fiscal year, and contingent upon the Chief Financial Officer furnishing one or more certificates certifying that the funds necessary for expenditure under the established contract funding phases are, or will be, on deposit with the City Treasurer.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 2/7/2023, Item 50 (Council voted 9-0):
(O-2023-105)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Agreement with Trussell Technologies, Inc. extending the Contract through 2028, in connection with the Specialized Technical Support Services for North City Pure Water Facility and Demonstration Pure Water Facility. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on January 19, 2023.
ACTION: Motion by Committee Member Campillo, second by Vice Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.
Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
Item 53: Adoption of the 2022 California Fire Code & Associated Municipal Code Amendments.
Total Estimated Cost of Proposed Action and Funding Source:
Administration of the Fire Code is based upon a fee for service as outlined in the adopted fee schedule.
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, February 28, 2023
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 2/7/2023, Item 51 (Council voted 9-0):
(O-2023-103)
Ordinance amending Chapter 5, Article 11, Divisions 1, 2, 3, 4, 5, 11, 49, 50, 56, 82 and 83 of the San Diego Municipal Code by amending Sections 511.0101, 511.0102, 511.0103, 511.0104, 511.0105, 511.0201 511.0202, 511.0301, 511.0304, 511.0319, 511.0401, 511.0403, 511.0404, 511.0405, 511.0503, 511.0510, 511.1103, 511.1104, 511.4901, 511.4904, 511.4906, 511.4907, 511.5001, 511.5601, 511.8201, and 511.8302 relating to fire regulations and the adoption of the 2022 California Fire Code.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on January 18, 2023.
ACTION: Motion by Committee Member Campillo, second by Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; von Wilpert-yea, Montgomery Steppe-yea, Campillo-yea, Campbell-not present.
Fire-Rescue: John Wood, (619) 572-5690
City Attorney Contact: Laura DePoister
Tuesday, February 28, 2023
Item 54: 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:
Adopt the following Ordinance which was introduced on 2/14/2023, Item 50 (Council voted 9-0):
(O-2023-104)
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
Item 55: 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 not to exceed $200,000. The cost for Fiscal Year 2024 is estimated not-to- exceed $1 million through April 20, 2023.
Council District(s) Affected: 3.
Proposed Actions:
Adopt the following Ordinance which was introduced on 2/14/2023, Item 51 (Council voted 9-0):
(O-2023-107)
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 Tuesday, February 28, 2023
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
Item 56: 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:
Adopt the following Ordinance which was introduced on 2/14/2023, Item 60, Subitem-B (Council voted 9-0):
(O-2023-110)
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-toexceed $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.
Tuesday, February 28, 2023
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
Item 57: 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.
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:
Adopt the following Ordinance which was introduced on 2/14/2023, Item 330, Subitem-A and Subitem-B, (Council voted 5-4, Councilmember LaCava, Councilmember Campbell, Councilmember von Wilpert, Councilmember Campillo-nay)
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. 2/23/23)
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 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 Tuesday, February 28, 2023
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. 2/23/23)
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.
Committee Actions Taken:
Tuesday, February 28, 2023
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
Item S500: 32nd Street Grade Crossing Signal and Surface Installation and Maintenance Agreement with SANDAG & Burlington Northern Santa Fe Railway for Bayshore Bikeway-Barrio Logan. (Added 2/23/23) Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 8.
Proposed Actions:
Adopt the following Ordinance which was introduced on 2/7/2023, Item 330 (Council voted 9-0):
(O-2023-102)
Ordinance authorizing the Mayor, or his designee, to sign and deliver the Grade Crossing Signal and Surface Installation and Maintenance Agreement between the City of San Diego, SANDAG and BNSF Railway Company, including the Easement Agreement and Memorandum of Easement for improvements to the Bayshore Bikeway at Harbor Drive and 32nd Street.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Cassandra Mougin
Tuesday, February 28, 2023
Tuesday, February 28, 2023
ADOPTION AGENDA
Item 60: Pure Water Program – Amendment No. 2 to the Agreement with Parsons-Black & Veatch Joint Venture for As-Needed Construction Manager - Treatment Plant and Facilities Projects - Contract Number H176935.
Total Estimated Cost of Proposed Action and Funding Source:
An amount not-to-exceed $35,000,000.00, and for a contract extension of 36 months, thus increasing the total amount of the agreement to $110,000,000.00, and increasing the contract duration to 8 years from the following two Water Funds: 700011 (Water Utility Operating), 700010 (Water Utility CIP); and the following two Sewer Funds: 700001 (Metro Sewer Utility), 700009 (Metro Sewer CIP).
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-412 Cor. Copy 2) (Rev. 2/24/23)
Resolution determining that the Project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15303 (New Construction or Conversion of Small Structures), 15304 (Minor Alterations to Land) and 15306 (Information Collection) of the CEQA Guidelines, and that an exception to the exemptions as set forth in CEQA Guidelines section 15300.2 would not apply.
Subitem-B: (O-2023-116 Cor. Copy)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Agreement with Parsons-Black & Veatch Joint Venture extending the Agreement through July 2026 in connection with As-Needed Construction Manager - Treatment Plant and Facilities Projects for the Pure Water Project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on February 9, 2023.
ACTION: Motion by Vice Chair von Wilpert, second by Chair LaCava, to recommend Council approval of Staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, February 28, 2023
Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 City Attorney Contact: Elizabeth Cason
ADOPTION AGENDA
Item 100: Resolution Approving an Extension to the Temporary Exception to Article 19, Section F of the Memorandum of Understanding Between the City and San Diego City Firefighters, I.A.F.F., Local 145, Regarding Out-of-Class Assignments for the Fire Engineer Classification.
Total Estimated Cost of Proposed Action and Funding Source:
This action is anticipated to be cost neutral as the Fire-Rescue Department would not be required to mandatory employees on overtime into the Fire Engineer classification at premium overtime rate, but instead could utilize the OCA for a regular duty assignment.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-409)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, I.A.F.F., Local 145, for a temporary exception to Article 19 of the Memorandum of Understanding regarding out-ofclass assignments for the Fire Engineer classification. 6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Abby Jarl-Veltz, (619) 236-6314
City Attorney Contact: Miguel Merrell
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, February 28, 2023
Item 101: Sale of City-Owned Property on Lusk Blvd in the Sorrento Mesa Area of San Diego (APN 340-090-27) to LS Lusk Land, LLC.
Total Estimated Cost of Proposed Action and Funding Source:
N/A - This is a property sale and will generate revenue to be deposited in the Capital Outlay Pueblo Land/Police Decentralization Fund.
Council District(s) Affected: 6.
Proposed Actions:
Subitem-A: (R-2023-406)
Resolution determining that approving a purchase and sale agreement for the City’s sale of 8.18 acres of unimproved real property in the Sorrento Mesa area of the City of San Diego to LS Lusk Land, LLC is exempt from the California Environmental Quality Act under Title 14 California Code of Regulations Section 15312.
Subitem-B: (R-2023-405)
Resolution approving a purchase and sale agreement for the City’s sale of 8.18 acres of unimproved real property in the Sorrento Mesa area of the City of San Diego to LS Lusk Land, LLC, authorizing the payment of real estate brokerage commissions related to the sale, and authorizing the Chief Financial Officer to accept and deposit the independent consideration and the sale proceeds.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on February 2, 2023.
ACTION: Motion by Committee Member Lee, second by Vice Chair LaCava to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.
Department of Real Estate and Airport Management: Mary Carlson, (619) 236- 6079
City Attorney Contact: Julie Gough Inman
Tuesday, February 28, 2023
Item 102: 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:
Subitem-A: (R-2023-413)
Resolution determining that the award and execution of the consultant agreement with Hazen and Sawyer to provide professional design and construction support services for the Otay 2nd Pipeline Phase 5 Project is statutorily exempt from CEQA pursuant to State CEQA Guidelines section 15262.
Subitem-B: (R-2023-391) (Rev. 2/24/23)
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 28, 2023
Item 103: Second Amendment to Carahsoft ePlansoft Contract for Electronic Plan Review.
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this second amendment to the agreement will increase the cost by $932,825, for a total contract amount not-to-exceed $3,932,825, over the 5- year term of the agreement. Funding is available within Development Services Fund 700036.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-395)
Resolution authorizing a second amendment to the ePlansoft contract with Carahsoft Technology Corp. and increasing the contract’s total not-to-exceed amount from $3,000,000.00 to $3,932,825.00.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on February 8, 2023.
ACTION: Motion by Committee Member Lee, second by Committee Member LaCava to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea Development Services: JC Thomas, (619) 236-6552
City Attorney Contact: Noah J. Brazier
Item 104: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego Hunger Coalition for Hunger Free San Diego Data Warehouse.
Total Estimated Cost of Proposed Action and Funding Source:
This Agreement with San Diego Hunger Coalition is for an amount not-toexceed $3,000.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 3 and 5.
Council District(s) Affected: 3, 5.
Proposed Actions:
(R-2023-396)
Tuesday, February 28, 2023
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with San Diego Hunger Coalition, in an amount not-to-exceed $3,000, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.”
Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Daniel Orloff
Item 105: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego Humane Society & S.P.C.A. for Community Pet Events and Services.
Total Estimated Cost of Proposed Action and Funding Source:
This Agreement with San Diego Humane Society & S.P.C.A. is for an amount not-to-exceed $15,500.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 2, 5, 6, 7, and 8.
Council District(s) Affected: 2, 5, 6, 7, 8.
Proposed Actions:
Subitem-A: (R-2023-389)
Resolution determining that the approval of the Community Projects, Programs, and Services FY 2023 City Council Allocations Agreement between the City and the San Diego Humane Society & S.P.C.A. is exempt from the California Environmental Quality Act Pursuant to Sections 15301 and 15323 of the CEQA Guidelines.
Subitem-B: (R-2023-388)
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with the San Diego Humane Society & S.P.C.A., in an amount not-to-exceed $15,500, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.”
Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
Item 106: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego Historical Society DBA San Diego History Center for Community History Archiving Project.
Total Estimated Cost of Proposed Action and Funding Source:
Tuesday, February 28, 2023
This Agreement with San Diego Historical Society dba San Diego History Center is for an amount not-to-exceed $3,000.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 5 and 7.
Council District(s) Affected: 5, 7.
Proposed Actions:
(R-2023-397)
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with San Diego Historical Society dba San Diego History Center, in an amount not-to-exceed $3,000, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.”
Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Daniel Orloff
Item 107: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to San Diego County Bicycle Coalition for Community Bike Rides.
Total Estimated Cost of Proposed Action and Funding Source:
This Agreement with San Diego County Bicycle Coalition is for an amount notto-exceed $6,500.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 2, 5, 7, and 8.
Council District(s) Affected: 2, 5, 7, 8.
Proposed Actions:
Subitem-A: (R-2023-400)
Resolution determining that the approval of the Community Projects, Programs, and Services FY 2023 City Council Allocations Agreement between the City and the San Diego County Bicycle Coalition is exempt from the California Environmental Quality Act pursuant to sections 15301 and 15323 of the CEQA Guidelines.
Subitem-B: (R-2023-399)
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with the San Diego County Bicycle Coalition, in an amount not-to-exceed $6,500, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs, and Services."
Tuesday, February 28, 2023
Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
Item 108: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to Ronald McDonald House Charities of San Diego, Inc. for Healthy Meals for Families with Children in Medical Crisis.
Total Estimated Cost of Proposed Action and Funding Source:
This Agreement with Ronald McDonald House Charities of San Diego, Inc. is for an amount not-to-exceed $3,000.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 6 and 7.
Council District(s) Affected: 6, 7.
Proposed Actions:
(R-2023-407)
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with Ronald McDonald House Charities of San Diego, Inc., in an amount not-toexceed $3,000, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.”
Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
Item 109: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to RISE Urban Leadership Institute of San Diego for RISE Urban Fellows Leadership Program.
Total Estimated Cost of Proposed Action and Funding Source:
This Agreement with RISE Urban Leadership Institute of San Diego is for an amount not-to-exceed $8,500.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 2, 4, and 5.
Council District(s) Affected: 2, 4, 5.
Proposed Actions:
(R-2023-408)
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with RISE Urban Leadership Institute of San Diego, in an amount not-to-exceed Tuesday, February 28, 2023
$8,500, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.”
Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
Item 110: Settlement of Ramona Maria Juarez Ruiz v. City of San Diego, San Diego Superior Court No. 37-2019-00055852-CU-PO-CTL, Claim No. 23027.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $150,000, will be paid from the Water Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-348)
Resolution authorizing the settlement of Ramona Maria Juarez Ruiz v. City of San Diego, San Diego Superior Court No. 37-2019-00055852-CU-PO-CTL, Claim No. 23027, related to a claim for personal injury damages stemming from a trip and fall on a sidewalk at 2561 G Street in the City of San Diego, on February 28, 2019. Risk Claim No. 23027.
Committee Actions Taken: N/A
Office of the City Attorney: Kevin R. Yee, (619) 533-5697 Item 111: Settlement of Maria Cazares v. City of San Diego, et al., San Diego Superior Court Case No. 37-2019-00028771-CU-PO-CTL, Claim No. 20321.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $350,000, will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-356)
Resolution authorizing the settlement of Maria Cazares v. City of San Diego, et al., San Diego Superior Court Case No. 37-2019-00028771-CU-PO-CTL, related to a collision involving a police officer and a pedestrian that occurred on South 47th Street on September 3, 2018, Claim No. 22819.
Tuesday, February 28, 2023
Committee Actions Taken: N/A
Office of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486 Item 112: Appointment and Reappointments to the Balboa Park Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-393)
Resolution confirming the Mayor's appointment of Kathy Vandenheuval and reappointments of Howard Blackson, Chris Eddy, and Brer March to the Balboa Park Committee for terms ending March 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 113: Appointment and Reappointment to the Community Forestry Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 4, 9.
Proposed Actions:
(R-2023-382)
Resolution confirming the Mayor's reappointment of Wes Janssen and appointment of Matthew Smith to the Community Forest Advisory Board for terms ending December 31, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 114: Resolution Excusing Councilmember Jennifer Campbell from City Council and Committee Meetings.
Tuesday, February 28, 2023
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-398)
Resolution excusing Councilmember Jennifer Campbell from City Council and Committee Meetings.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 2: Liezl Gloria, (619) 236-6622
City Attorney Contact: Jose A. Garcia Jr.
Item S501: Resolutions Approving the Joint Agreement Between the City and San Diego Municipal Employees Association, AFSCME Local 127, and the Deputy City Attorneys Association of San Diego Regarding the Unwinding of Proposition B for Separated Employees Hired On or After July 20, 2012 and Before July 10, 2021. (Added 2/24/23) Total Estimated Cost of Proposed Action and Funding Source:
Please see the Fiscal Considerations section of the staff report.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-425)
Resolution approving a Joint Tentative Agreement between the City and MEA and Local 127 regarding the unwinding of Proposition B for separated employees hired on or after July 20, 2012 and before July 10, 2021.
Subitem-B: (R-2023-424)
Resolution approving a Tentative Agreement between the City and DCAA regarding the unwinding of Proposition B for separated employees hired on or after July 20, 2012 and before July 10, 2021.
Committee Actions Taken: N/A
Human Resources: Dianne Mitra, (619) 533-6539
City Attorney Contact: Thomas J. Brady
Tuesday, February 28, 2023
Item S502: Settlement of April 2020 Sweetwater River Sanitary Sewer Overflow, Regional Water Quality Control Board Notice of Violation No. R9- 2020-0204. (Added 2/24/23)
Total Estimated Cost of Proposed Action and Funding Source:
The Administrative Civil Liability penalty of $4,609,724, will be paid from Metropolitan Sewer Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-431)
Resolution determining that authorizing payments under a settlement agreement with the Regional Water Quality Control Board related to a notice of violation issued to the City for a sanitary sewer overflow into the Sweetwater River, including funding two supplemental environmental projects, is exempt from the California Environmental Quality Act Pursuant to Sections 15301, 15302, 15304, and 15306 of the CEQA Guidelines.
Subitem-B: (R-2023-430)
Resolution authorizing payments under the settlement agreement with the Regional Water Quality Control Board regarding the sanitary sewer overflow into the Sweetwater River and related actions.
Committee Actions Taken: N/A
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Melissa Ables
Tuesday, February 28, 2023
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Mission Trails Regional Park Volunteer Appreciation Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming March 18, 2023 to be “Mission Trails Regional Park Volunteer Appreciation Day” in the City of San Diego.
Item 31: Benchley-Weinberger Elementary School Multicultural Festival Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming March 3, 2023, to be “Benchley-Weinberger Elementary School Multicultural Festival Day” in the City of San Diego.
Tuesday, February 28, 2023
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 28, 2023
TUESDAY, FEBRUARY 28, 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: Amendments to Section 2, Article 6, Division 00 of the San Diego Municipal Code Creating a Climate Advisory Board and Repealing the Sustainable Energy Advisory Board.
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:
(O-2023-108)
Introduction of an Ordinance amending Chapter 2, Article 6, Division 00 of the San Diego Municipal Code by repealing section 26.04 and by adding new section 26.40 and 26.41 establishing the Climate Advisory Board and disbanding the Sustainable Energy Advisory Board.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on November 21, 2022.
ACTION: Motion by Chair LaCava, second by Vice Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.
Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: Kathy Steinman
DISCUSSION, ORDINANCES TO BE INTRODUCED:
Tuesday, February 28, 2023
Item 331: Amendments to Section 2, Article 6, Division 10 of the San Diego Municipal Code Creating a Resiliency Advisory Board and Repealing the Wetlands Advisory Board.
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:
(O-2023-109)
Introduction of an Ordinance amending Chapter 2, Article 6, Division 10 of the San Diego Municipal Code by retitling Division 10, amending sections 26.1001 and 26.1002 and adding section 26.1003 establishing the Resiliency Advisory Board and disbanding the Wetlands Advisory Board.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on November 21, 2022.
ACTION: Motion by Chair LaCava, second by Vice Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.
Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: Kathy Steinman
Tuesday, February 28, 2023
ADOPTION AGENDA
Item S503: ECB Georgia Street Vacation – Project No. 699360. (Added 2/27/23) This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Continued from the meeting of Monday, February 27, 2023, Item 202, 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:
All processing costs are paid from a deposit account maintained by the applicant.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-402)
Resolution determining that this Project is categorically exempt from CEQA pursuant to CEQA Guidelines section 15305.
This resolution also determines that an exception to the exemption as set forth in CEQA Guidelines section 15300.2 does not apply;
Directing the City Clerk to file a Notice of Exemption with the Clerk of the Board of Supervisors for the County of San Diego regarding the Project.
This item is not subject to the Mayor's veto.
Subitem-B: (R-2023-401)
Resolution ordering vacated Public Right-of-Way Vacation No. 2592174, as more particularly described in the legal description and shown on Drawing No. 42596-B, both attached to this resolution, subject to the condition to assure the closure of the alley entrance and restoration of curb, gutter and sidewalk on Georgia Street.
This resolution also reserves and excepts from Public Right-of-Way Vacation No. 2592174 an easement for public utility purposes.
This resolution also orders the Development Services Department record a certified copy of this resolution with attached exhibits, attested by the City Clerk under seal, in the Office of the County Recorder.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
DISCUSSION, NOTICED HEARINGS:
Tuesday, February 28, 2023
Development Services: Bryan Hudson, (619) 446-5333
City Attorney Contact: Noah J Brazier
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, February 28, 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 28, 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 28, 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