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, MAY 23, 2023, AT 10:00 AM and 2:00 PM
Tuesday, May 23, 2023
FURTHER INFORMATION ON HOW TO PARTICIPATE IN THIS
MEETING IS FOUND AT THE END OF THE AGENDA
Joining the Webinar and Offering Phone-in Testimony
Members of the public may participate in City Council meetings in person or 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
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. For more information on how to participate and comment on an issue at Council meetings, click this link.
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. Para obtener más información sobre cómo participar y expresar comentarios sobre un asunto en las juntas del Concejo, haga clic en este enlace.
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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。
審議会の参加方法や議案への意見提供方法についての詳細は、以下のリンクをクリックしてく
ださい。
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안건 항목에 대해 의견을 제의하는 것에 관한 자세한 정보를 원하시면 다음의 링크를 클릭하십시
오.
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
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“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກ
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ
ກກກກກກກກກກກກກກກກກກກກກກ
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, MAY 23, 2023, AT 10:00 AM
Tuesday, May 23, 2023
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
Tuesday, May 23, 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: Exemption of Program Coordinator in the Office of Special Events and Filming from Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
This position is offset by vacancy savings for FY2023. For FY 2024, the Office has requested funding in the FY 2024 budget which is partially offset by savings due to a position reduction.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-154)
Introduction of an Ordinance authorizing the exemption of one Program Coordinator position, in the City's Special Events and Filming Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 7, 2023. This position will be responsible for overseeing the special event permit application process for the Parks and Recreation Department, working with the Planning Department and Office of the City Attorney to evaluate requirements of Notice of Right to Appeal, and other related duties.
Committee Actions Taken: N/A
Special Events and Filming: Natasha Collura, (619) 685-1332 City Attorney Contact: Miguel Merrell
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, May 23, 2023
ADOPTION AGENDA
Item 60: Second Amendment to Contract Resulting from Request for Proposal Number 100088534-18-L for As-Needed Remediation and Clean-Up Services from City of San Diego Water Main Breaks and Sewer Backups with Luth and Turley, Inc.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the Fiscal Considerations section in the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-724)
Resolution determining that the Second Amendment to the Contract Resulting from Request for Proposal Number 100088534-18-L for As-Needed Remediation and Clean-Up Services from City of San Diego Water Main Breaks and Sewer Backups with Luth and Turley, Inc. is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines as the contract provides repair and minor alteration of existing private structures.
Subitem-B: (O-2023-153)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Luth & Turley, extending the Contract through June 24, 2025, in connection with the As-Needed Remediation and Clean-Up Services from City of San Diego Water Main Breaks and Sewer Backups project.
Subitem-B: 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on April 27, 2023.
ACTION: Motion by Committee Member Campbell, second by Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, Campbell-yea, Campillo-yea, von Wilpert-not present.
Public Utilities: William Curcio, (619) 908-2555
City Attorney Contact: Frank Ahn
ADOPTION AGENDA
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, May 23, 2023
Item 100: Award of a Sole Source Agreement and a First Amendment to that Agreement with HDR Engineering, Inc. for Point Loma Wastewater Treatment Plant (PLWTP) Coastal Erosion Monitoring Program Implementation (H2225956).
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this first amendment to the agreement will increase the cost by $1,502,467, for a total contract amount of $3,263,672 over the 30 month term of the agreement. Funds will come from the Metro Sewer Utility Fund.
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2023-729)
Resolution determining that the first amendment to the agreement with HDR Engineering, Inc. for Point Loma Wastewater Treatment Plant Coastal Erosion Monitoring Program Implementation (H2225956) is exempt from the California Environmental Quality Act Pursuant to Sections 15303, 15304, and 15306 of the CEQA Guidelines.
Subitem-B: (R-2023–722)
Resolution ratifying an emergency contract, pursuant to San Diego Municipal Code section 22.3208(b), with HDR Engineering, Inc. in the amount of $1,761,205.00. The City Engineer declared an emergency based on the data that was collected by HDR indicating that coastal erosion caused risks associated with loss of the access road to the Point Loma Wastewater Treatment Plant within five years.
Subitem-B: 6 votes required pursuant to SDMC Section
22.3208(b)(2).
Subitem-C: (R-2023-723)
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with HDR Engineering, Inc. for additional coastal erosion monitoring services in an amount not-to-exceed $1,502,467, and extend the term of the Agreement an additional 16 months, in connection with the Point Loma Wastewater Treatment Plant Coastal Erosion Monitoring Program Implementation project.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on April 27, 2023.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, May 23, 2023
ACTION: Motion by Committee Member Campillo, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, Campbell-yea, Campillo-yea, von Wilpert-not present.
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Frank Ahn
Item 101: Approve Project List and Four Slurry Seal Contracts to be Funded by the Fiscal Year 2024 Road Maintenance and Rehabilitation Account (RMRA) Funds.
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize the use of $34,125,003 from the Road Maintenance & Rehabilitation Fund, and $4,371,400 from the TransNet Fund, to fund Slurry Seal Group 2421, Slurry Seal Group 2422, Slurry Seal Group 2423, and Slurry Seal Group 2424 contingent upon the adoption of the Fiscal Year 2024 Appropriation Ordinance.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-712)
Resolution determining that the projects to be funded by Fiscal Year 2024 Road Maintenance and Rehabilitation Account funds are categorically exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines.
Subitem-B: (R-2023-711)
Resolution approving the City's Fiscal Year 2024 Road Maintenance and Rehabilitation Account citywide project list and authorizing the Mayor, or his designee, to award, execute, and expend Road Maintenance and Rehabilitation Account and TransNet funds in an amount not-to-exceed $38,496,403, for Slurry Seal Group Projects 2421, 2422, 2423, and 2424.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on April 26, 2023.
ACTION: Motion by Chair Lee, 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.
Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Cassandra Mougin
Tuesday, May 23, 2023
Item 102: Pure Water Capital Improvement Budget - Increase Pure Water Phase 2 Budget, and Award of Construction Contract to J.R. Filanc Construction Company, Inc. for Pure Water Program Central Area Small-Scale Facility (K-23-2119-DBB-3-C).
Total Estimated Cost of Proposed Action and Funding Source:
This project will be funded by the Water Utility CIP and Metro Sewer CIP.
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2023-677)
Resolution determining that the approval of a construction contract with J.R.
Filanc Construction Company, Inc. for the Pure Water Program Central Area Small-Scale Facility and related funding actions are categorically exempt from the California Environmental Quality Act pursuant to sections 15303, 15304 and 15306 of the CEQA Guidelines.
Subitem-B: (R-2023-676) (Rev. 5/17/23)
Resolution approving a construction contract with J.R. Filanc Construction Company, Inc. for the Pure Water Program Central Area Small-Scale Facility and related funding actions.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on April 27, 2023.
ACTION: Motion by Committee Member Campillo, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, Campbell-yea, Campillo-yea, von Wilpert-not present.
Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
Item 103: Pure Water Capital Improvement Budget - Addition of S-23012.
Total Estimated Cost of Proposed Action and Funding Source:
This action increases the Capital Improvements Program Budget by $200,000 from Water Utility CIP Fund.
Council District(s) Affected: 5.
Proposed Actions:
(R-2023-657)
Resolution Approving the Addition of Miramar Water Treatment Plant Residuals Redirection to the Capital Improvements Program and Related Actions.
Tuesday, May 23, 2023
Committee Actions Taken:
This item was heard at the Environment Committee meeting on April 27, 2023.
ACTION: Motion by Committee Member Campillo, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, Campbell-yea, Campillo-yea, von Wilpert-not present.
Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
Item 104: Appointment and Reappointment to the San Diego Housing Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 5, 7.
Proposed Actions:
(R-2023-727)
Resolution confirming the Mayor’s appointment of Antoine Pierre Jackson for a term ending January 2, 2024, and reappointment of Melinda Vasquez for a term ending January 2, 2027, to the San Diego Housing Commission.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 105: Appointment and Reappointments to the Board of Library Commissioners.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3, 4, 5, 6, 7.
Proposed Actions:
(R-2023-726)
Resolution confirming the Mayor’s appointment of Patricia Williams Bevelyn and reappointments of Shawna Hook-Held and Ben Moraga for terms ending March 1, 2024, and reappointments of Linda Caballero Sotelo and Dr. Wendy RanckBuhr for terms ending March 1, 2025, to the Board of Library Commissioners.
Committee Actions Taken: N/A
Tuesday, May 23, 2023
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Tuesday, May 23, 2023
Item 106: Appointments to the Mission Bay 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: 1.
Proposed Actions:
(R-2023-703)
Resolution confirming the Mayor's appointment of Cynthia Adams and Chuck Dunning to the Mission Bay Park Committee for terms ending June 30, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 107: Reappointments to the San Diego City Employees Retirement System Board of Administration.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1.
Proposed Actions:
(R-2023-702)
Resolution confirming the Mayor's reappointment of Paul Kaufmann and Clifford Schireson to the San Diego City Employees' Retirement System Board of Administration for terms ending March 31, 2027.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Tuesday, May 23, 2023
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (PRESENTED AT THE MEETING) Item S500: Eric Dargan as one of the American Public Works Association (APWA) Top Ten Public Works Leaders. (Added 5/18/23)
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LEE'S
RECOMMENDATION:
Honoring Eric Dargan with one of the Top Ten Public Works Leaders Award by the American Public Works Association.
Item S507: The Key to the City of San Diego is Presented to the Lincoln High School Varsity Football Team. (Added 5/19/23)
MAYOR GLORIA AND COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
The Key to the City of San Diego is Presented to the Lincoln High School Varsity Football Team.
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: 2023 National Public Works Week.
COUNCILMEMBER LEE'S RECOMMENDATION:
Proclaiming the week of May 21 – May 27, 2023, to be “2023 National Public Works Week” in the City of San Diego.
Item 31: National Foster Care Month.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming May 2023, to be “National Foster Care Month” in the City of San Diego.
Item S501: This item has been removed. (Rev. 5/19/23)
Item S502: Congenital Disorders of Glycosylation (CDG) Awareness Day. (Added 5/18/23)
COUNCILMEMBER WHITBURN AND COUNCILMEMBER CAMPILLO'S
RECOMMENDATION:
Tuesday, May 23, 2023
Proclaiming May 16, 2023, to be “Congenital Disorders of Glycosylation (CDG) Awareness Day” in the City of San Diego.
Item S503: Haitian Flag Day. (Added 5/18/23)
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming May 18, 2023, to be “Haitian Flag Day” in the City of San Diego.
Item S504: Eloise Battle Day. (Added 5/18/23)
COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
Proclaiming June 3, 2023, to be “Eloise Battle Day” in the City of San Diego.
Item S505: Lincoln High School Football Day. (Added 5/18/23)
MAYOR GLORIA AND COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming May 27, 2023, to be “Lincoln High School Football Day” in the City of San Diego.
Item S506: Martha Zapata Day. (Added 5/19/23)
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming June 2, 2023, to be “Martha Zapata Day” in the City of San Diego.
Tuesday, May 23, 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.) Per Rule 2.7.2, Non-Agenda Public Comment is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes. Additionally, non-agenda public comment during the 10am session may be limited to 30 minutes at the discretion of the Council President for meeting management purposes. If some Non-Agenda Public Comment is trailed, any remaining speakers will be given an opportunity to speak during the 2pm session after Council concludes the Information and Adoption agenda items for the day.
Tuesday, May 23, 2023
TUESDAY, MAY 23, 2023, AT 2:00 PM
ROLL CALL
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION
INFORMATIONAL ITEMS
Item 330: City of San Diego Crime Briefing: January – December 2022 Index Crimes.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
None.
Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken: N/A
Police: Jordan Fankhauser, (619) 531-2705
Tuesday, May 23, 2023
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 331: Adoption of Resolution of Necessity to Commence Eminent Domain Process to Acquire Property Owner’s Intangible Easement of Access to Normal Street for the City of San Diego’s Normal Street Promenade Project, CIP Project B-19096.
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:
Chief Financial Officer to deposit, as necessary, the probable amount of compensation for the property interests to be acquired into the State Treasury Condemnation Fund as required under eminent domain law from the Normal Street Promenade Project.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-732 Cor.Copy) (Rev. 5/19/23)
Resolution determining that the Adoption of a Resolution of Necessity to acquire the property owner’s Easement of Access to close a driveway abutting Normal Street is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land) and 15305 (Minor Alterations to Land Use Limitations) and that no exceptions to the exemptions apply. Direct that the City Clerk file the Notice of Exemption with the Clerk of the County Board of Supervisors.
Subitem-B: (R-2023-728)
Resolution of Necessity to acquire property interests deemed necessary for the Normal Street Promenade Project. Adopt by a two-thirds vote the Resolution of Necessity R-2023-728 authorizing the City Attorney's office to commence an eminent domain action to acquire the property owner's intangible easement of access to Normal Street.
Subitem-B: 6 votes required pursuant to Code of Civil Procedure Section 1245.240. (Rev. 5/18/23)
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
DISCUSSION, NOTICED HEARINGS:
Tuesday, May 23, 2023
Department of Real Estate and Airport Management: Brenda Chilvers, (619) 236-6062
City Attorney Contact: Jenny K. Goodman
Item 332: Project No. 673818 – BDM Mixed Use Project.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
None with this action. All costs associated with the processing of this application are recovered through a deposit account funded by the applicant.
Council District(s) Affected: 8.
Proposed Actions:
The following five action items are for the BDM Mixed-Use Project – Project no. 673818, located south of Otay Mesa Road, east of Emerald Crest Court, southwest of Corporate Center Drive, and north of State Route 905 (APN no. 645-410-0300 to 645-410-0900), within the Otay Mesa Community Plan Area, in the City of San Diego, California:
Subitem-A: (R-2023-706)
Resolution adopting addendum no. 673818 to Program Environmental Impact Report Project no. 30330/304032/sch no. 2004651076 and the Mitigation, Monitoring, and Reporting Program.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (O-2023-152)
Introduction of an Ordinance rezoning 13.44 acres located south of Otay Mesa Road, east of Emerald Crest Court, southwest of Corporate Center Drive, and north of State Route 905 (APN no. 645-410-0300 to 645-410-0900), within the Otay Mesa Community Plan Area, in the City of San Diego, California, from the CC-2-3 (community commercial) zone into the CC-3-6 (community commercial) zone as defined by San Diego Municipal Code section 131.0507 and repealing Ordinance no. O-21589 (new series), adopted Dec. 6, 2022 , of the ordinances of the City of San Diego insofar as the same conflicts herewith.
Subitem-B is not subject to the Mayor's veto.
Subitem-C: (R-2023-707)
Resolution adopting an amendment to the 2014 Otay Mesa Community Plan to redesignate a 13.44-acre site from Community Commercial-Residential Prohibited to Community Commercial-Residential Permitted in the Otay Mesa community.
Tuesday, May 23, 2023
Subitem-C is not subject to the Mayor's veto.
Subitem-D: (R-2023-708)
Resolution granting Site Development Permit no. 2468436 and Neighborhood Development Permit no. 2576649 for the BDM mixed-use project – project no. 673818.
Subitem-D is not subject to the Mayor's veto.
Subitem-E: (R-2023-709)
Resolution adopting findings for and approving Vesting Tentative Map no. 2468440, Public Right-of-Way Vacation no. 2468433, and Public Service Easement Vacation no. 2610071 all related to BDM Mixed Use Project - Project no. 673818.
Subitem-E is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Xavier Del Valle, (619) 557-7941
City Attorney Contact: Noah Brazier
Item 333: An Appeal to the Environmental Determination Made for the Mullen Residence - Accessory Dwelling Unit Project.
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 project holds a deposit account which covers public noticing, project and environmental review and the public hearing.
Council District(s) Affected: 2.
Proposed Actions:
An appeal of the environmental determination made for the Mullen Residence - Accessory Dwelling Unit project. The Environmental Analysis Section of the Development Services Department determined that the Coastal Development Permit, for the Mullen Residence is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures). The Coastal Development Permit (Process 3) proposes the demolition of an existing detached garage at an existing single-family residence and construction of a new 1,200-square-foot, two-story accessory dwelling unit with attached garage and second floor. The
0.08-acre site is located at 4953 Coronado Avenue in the RM-2-4 Zone and Coastal Overlay Zone (appealable area) within the Ocean Beach Community Plan area. The scope of the subject hearing only includes the project’s environmental determination and not the Coastal Development Permit entitlements. (Rev. 5/17/23)
Tuesday, May 23, 2023
According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal and approve the environmental determination to adopt Negative Declaration No. 661815 categorically exempt from CEQA the subject Coastal Development Permit pursuant to CEQA Guidelines section 15303; or (Rev. 5/19/23)
(2) By a majority vote, grant the appeal and set aside the environmental determination, in accordance with San Diego Municipal Code Section 112.0520(f).
Directing the City Attorney to prepare the appropriate Resolution(s) according to Section 40 of the City Charter.
If the City Council grants the appeal, the lower-decision maker's decision to approve the project shall be held in abeyance. The City Council shall retain jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Veronica Davison, (619) 446-5462
City Attorney Contact: Noah Brazier
Item 334: FY2024 Business Improvement District Budgets - Annual Appropriation Process.
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 City does not plan to retain any of the assessments and undertakes the associated administration with existing budgeted staff. All of the anticipated BID assessments are remitted to the BID funds and therefore, there is no net fiscal impact to the general fund. Please see the included City Attorney memo from April 2014 about risks associated with the levy of BID assessments and Prop 26.
Council District(s) Affected: 1, 2, 3, 4, 8, 9.
Proposed Actions:
(R-2023-530)
Resolution confirming the Fiscal Year 2024 budget reports for and levying annual assessments in specified parking and business improvement areas.
Tuesday, May 23, 2023
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on March 8, 2023.
ACTION: Motion by Vice Chair Montgomery Steppe, second by Chair Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Campillo-yea, Montgomery Steppe-yea, Lee-yea Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, May 23, 2023
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.
Pursuant to the Levine Act (Gov’t Code Section 84308), any party to a permit, license, contract (other than competitively bid, labor or personal employment contracts) or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any Council Member. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party or participant and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
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.
For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.
For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available 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.
For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.
For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes.
Speakers participating virtually may not allocate their time to other speakers and may not share video or visual aids (i.e. pdf, ppt, docs) during their comment period.
Tuesday, May 23, 2023
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
Speakers who wish to provide virtual Non-Agenda 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. Those participating virtually may not share video or visual aids (i.e. pdf, ppt, docs) during their non-agenda comment period.
Please note: On Tuesdays, Non-Agenda Public Comment is taken during the 10am session, but some Non-Agenda Public Comment may be trailed, at the Council President’s discretion for meeting management purposes.
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.
Tuesday, May 23, 2023
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)