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
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Tuesday, June 06, 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
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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.
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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, JUNE 06, 2023, AT 10:00 AM
Tuesday, June 06, 2023
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
APPROVAL OF COUNCIL MINUTES
4/24/2023 Adjourned
4/24/2023 Special
4/25/2023
5/1/2023 Adjourned
5/2/2023 Adjourned
5/8/2023 Adjourned
5/9/2023 Adjourned
5/10/2023
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Tuesday, June 06, 2023
Item 50: Ordinances Amending the Memoranda of Understanding (MOU) Between City of San Diego and Municipal Employees Association (MEA); American Federation of State, County and Municipal Employees, Local 127 (L127); Deputy City Attorneys Association of San Diego (DCAA); San Diego Police Officers Association (POA); and San Diego City Firefighters, I.A.F.F. Local 145 (L145) Regarding PostEmployment Health Benefits for Eligible Employees Who Were Hired Before July 1, 2005 and Retire After March 31, 2012 Striking Article 9 of the MOU (the “Me Too” Clause) and Extending the Term of the MOU by an Additional 15 Years.
Total Estimated Cost of Proposed Action and Funding Source:
There is no known fiscal impact as a result of this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2023-165)
Introduction of an Ordinance amending the Memorandum of Understanding between the City of San Diego and the San Diego Municipal Employees' Association regarding post-employment health benefits for eligible employees who were hired before July 1, 2005 and retire after March 31, 2012 striking Article 9 and extending the term to 15 years.
Subitem-A: 6 votes required pursuant to Charter Section 11.2.
Subitem-B: (O-2023-161)
Introduction of an Ordinance amending the Memorandum of Understanding between the City of San Diego and the American Federation of State, County, and Municipal Employees, Local 127 regarding post-employment health benefits for eligible employees who were hired before July 1, 2005 and retire after March 31, 2012 striking Article 9 and extending the term to 15 years.
Subitem-B: 6 votes required pursuant to Charter Section 11.2.
Subitem-C: (O-2023-164)
Introduction of an Ordinance amending the Memorandum of Understanding between the City of San Diego and the Deputy City Attorneys Association of San Diego regarding post-employment health benefits for eligible employees who were hired before July 1, 2005 and retire after March 31, 2012 striking Article 9 and extending the term to 15 years.
Subitem-C: 6 votes required pursuant to Charter Section 11.2.
Subitem-D: (O-2023-163 Cor. Copy) (Rev. 6/1/23)
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, June 06, 2023
Introduction of an Ordinance amending the Memorandum of Understanding between the City of San Diego and the San Diego Police Officers Association regarding post-employment health benefits for eligible employees who were hired before July 1, 2005 and retire after March 31, 2012 striking Article 9 and extending the term to 15 years.
Subitem-D: 6 votes required pursuant to Charter Section 11.2.
Subitem-E: (O-2023-162)
Introduction of an Ordinance amending the Memorandum of Understanding between the City of San Diego and the San Diego Firefighters, I.A.F.F. Local 145 regarding post-employment health benefits for eligible employees who were hired before July 1, 2005 and retire after March 31, 2012 extending the term to 15 years.
Subitem-E: 6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Brian Mallard, (619) 707-1785
City Attorney Contact: Thomas J. Brady
Item 51: Amendment to Consultant Agreement with Dudek (H176881) to Provide Professional Environmental Consulting and Engineering Services to the City for the Mission Bay Park Improvements Program Environmental Impact Report (PEIR).
Total Estimated Cost of Proposed Action and Funding Source:
$596,839.04 from the Mission Bay Park Improvement Fund.
Council District(s) Affected: 2.
Proposed Actions:
(O-2023-166)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Dudek (H176881) for an additional amount of $596,836.04 and extending the Contract through June 11, 2026 for the professional environmental consulting and engineering services for the Mission Bay Park Improvements Program Environmental Impact Report. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on May 24, 2023.
Tuesday, June 06, 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.
Engineering & Capital Projects: Carrie Purcell, (619) 533-5124 City Attorney Contact: Dana Fairchild
ADOPTION AGENDA
Item 52: Authorizing a Second Amendment to the Agreement Between the City of San Diego and RRM Design Group for Fire Station Design Standardization (Contract No. H166574) for the Purpose of Providing an Environmental Impact Report (EIR) and Design Services for the Fairmount Avenue Fire Station, as well as Updates to the Fire Station Design Standardization Documents in Phase 3, Phase 4 and Phase 5.
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this second amendment to the agreement will increase the cost by $1,224,182, for a total contract amount of $2,462,132 over the 159-month term of the agreement. Funds will come from the General Fund CIP and Mid City Urban Community programs.
Council District(s) Affected: 4.
Proposed Actions:
Adopt the following Ordinance which was introduced on 05/16/2023, Item 50 (Council voted 9-0):
(O-2023-151)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with RRM Design Group, extending the Contract through May 19, 2029, in connection with the Fairmount Avenue Fire Station Design and Fire Station Design Standardization project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on April 26, 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.
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, June 06, 2023
Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Frank Ahn
Item 53: Transfer of Non-Exclusive Solid Waste Collection Franchise.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 05/16/2023, Item 51 (Council voted 9-0):
(O-2023-149)
Ordinance approving the transfer of the Class I Non-Exclusive Franchise for Solid Waste Management Services from John Smith Earthworks, Inc. to Universal Waste Systems, Inc. and authorizing the Mayor, or his designee, to execute a consent to assignment of the franchise and the franchise agreement. 6 votes required pursuant to Charter Section 103.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on April 20, 2023.
ACTION: Motion by Committee Member Campillo, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Environmental Services: Renee Robertson, (858) 573-1275 City Attorney Contact: Nicole M. Denow
Item 54: First Amendment to the Agreement with Labworks LLC for the Laboratory Information Management System (LIMS) - RFP 10084712- 18-V.
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this first amendment to the agreement will not alter the cost included in the original approved agreement.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 05/16/2023, Item 52 (Council voted 9-0):
(O-2023-150)
Tuesday, June 06, 2023
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Labworks LLC, extending the Contract through April 22, 2024, to provide a Laboratory Information Management System. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on April 20, 2023.
ACTION: Motion by Committee Member Campillo, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Public Utilities: Rachel Davenport, (619) 758-2301
City Attorney Contact: Bonny Hsu
Item 55: Second Amendment to the Agreement with Atoll Ventures (DBA ‘Ocean Imaging’) for the Coastal Remote Sensing Special Study of The Point Loma Ocean Outfall (PLOO) and South Bay Ocean Outfall (SBOO) Regions.
Total Estimated Cost of Proposed Action and Funding Source:
This amendment increases the not-to-exceed amount of the original as-needed agreement by $1,619,382, to a total of $3,589,968, over a five-year term which expires June 30, 2028.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 05/16/2023, Item 60, Subitem-B (Council voted 9-0):
(O-2023-129)
Ordinance authorizing the Mayor, or his designee, to execute the Second Amendment to the Agreement with Atoll Ventures dba Ocean Imaging Corporation, for an additional amount not-to-exceed $1,619,382, and extending the Agreement through June 30, 2028, for the Coastal Remote Sensing Special Study of the Point Loma Ocean Outfall and South Bay Ocean Outfall Regions. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on March 9, 2023.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
Tuesday, June 06, 2023
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Public Utilities: Ryan Kempster, (619) 758-2329
City Attorney Contact: Bonny Hsu
Item 56: First Amendment to the Legal Services Agreement with Wood Smith Henning & Berman LLP to Provide Specialized Legal Services Related to the Former Naval Training Center (NTC) Boat Channel.
Total Estimated Cost of Proposed Action and Funding Source:
The First Amendment to the Legal Services Agreement with Wood Smith Henning & Berman LLP is for an increase of $200,000, for a total contract amount not-to-exceed $450,000. Funding will come from the General Fund.
Council District(s) Affected: 2.
Proposed Actions:
Adopt the following Ordinance which was introduced on 05/16/2023, Item 330 (Council voted 9-0):
(O-2023-144)
Ordinance authorizing the Mayor, or designee, to execute the First Amendment to the Legal Services Agreement with Wood Smith Henning & Berman LLP to extend the Agreement for five (5) years and increase the amount by $200,000, from $250,000 to a total amount not to exceed $450,000, to provide continued legal services.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Office of the City Attorney: Nicole M. Denow, (619) 533-6173 City Attorney Contact: Nicole M. Denow
Item 57: California Coastal Commission Suggested Modifications to the Spaces As Places Ordinance Amending the San Diego Municipal Code and Local Coastal Program.
Total Estimated Cost of Proposed Action and Funding Source:
No fiscal impact.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 05/22/2023, Item 601, Subitem-B (Council voted 9-0):
(O-2023-138)
Tuesday, June 06, 2023
Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending Sections 126.0704, 126.0707, and 126.0708; and amending Chapter 14, Article 1, Division 6 by amending Sections 141.0621, 141.0628, and 141.0629 accepting the California Coastal Commission's modifications required for certification of the Spaces As Places Program and code update to the Land Development Code and Local Coastal Program.
Committee Actions Taken: N/A
Planning: Sameera Rao, (619) 446-5346
City Attorney Contact: Noah Brazier
Item 58: Exemption of Program Coordinator Position 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:
Adopt the following Ordinance which was introduced on 05/23/2023, Item 50 (Council voted 7-1, Councilmember Moreno-nay, Councilmember Whitburn-not present):
(O-2023-154)
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
Item 59: 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:
Tuesday, June 06, 2023
Please see the Fiscal Considerations section in the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 05/23/2023, Item 60, Subitem B (Council voted 8-0, Councilmember Whitburn-not present):
(O-2023-153)
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. 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
Item 60: Project No. 673818 – BDM Mixed Use Project.
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:
Adopt the following Ordinance which was introduced on 5/23/2023, Item 332, Subitem B (Council voted 8-0, Councilmember Whitburn- not present):
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:
(O-2023-152)
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 Tuesday, June 06, 2023
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.
This item 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
Tuesday, June 06, 2023
ADOPTION AGENDA
Item 61: Approval of the Joint Use Agreements Between the City and SDUSD for Clark Middle, Edison Elementary, Emerson Elementary, Jefferson Elementary, Ocean Beach Elementary, and Pershing Middle Schools.
Total Estimated Cost of Proposed Action and Funding Source:
The City's annual maintenance per the terms of the agreements is included in the Parks and Recreation General Fund Annual Department Budget. The City's one-time expense for the synthetic turf replacement is included in the Parks and Recreation FY 23 General Fund Department Budget.
Council District(s) Affected: 2, 3, 7, 8, 9.
Proposed Actions:
Subitem-A: (R-2023-750)
Resolution determining that the authorization of the execution of the Joint Use Agreements between the City and the San Diego Unified School District for Clark Middle School, Edison Elementary School, Emerson Elementary School, Jefferson Elementary School, Ocean Beach Elementary School, and Pershing Middle School is exempt from the California Environmental Quality Act pursuant to sections 15301 and 15323 of the CEQA Guidelines.
Subitem-B: (O-2023-156)
Introduction of an Ordinance authorizing the execution of the Joint Use Agreements between the City and the San Diego Unified School District for Clark Middle School, Edison Elementary School, Emerson Elementary School, Jefferson Elementary School, Ocean Beach Elementary School, and Pershing Middle School, and related actions.
Subitem-B: 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee on April 20, 2023.
ACTION: Motion by Committee Member Campillo, second by Committee Member Whitburn, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campbell-yea, Whitburn -yea, Campillo-yea, Elo-Rivera-not present.
Parks & Recreation: Shannon Scoggins, (619) 236-6894
City Attorney Contact: Karen S. Li
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, June 06, 2023
Item 62: This item has been moved to Discussion, 10AM, as item S508. (Rev. 6/2/22)
Item 63: Amendments to the Elections Code and Related Amendments to the City Clerk Administrative Guidelines.
Total Estimated Cost of Proposed Action and Funding Source:
None.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2023-168)
Introduction of an Ordinance amending Chapter 2, Article 7, Division 1 of the San Diego Municipal Code by amending Sections 27.0103 and 27.0106; amending Chapter 2, Article 7, Division 2 of the San Diego Municipal Code by amending Sections 27.0206, 27.0207, 27.0209, 27.0212, 27.0213, 27.0218,
27.0219, and 27.0221; amending Chapter 2, Article 7, Division 3 of the San Diego Municipal Code by amending Sections 27.0307, 27.0308, 27.0310,
27.0313, 27.0315, 27.0319, and 27.0320; amending Chapter 2, Article 7, Division 5 by amending Section 27.0506; amending Chapter 2, Article 7, Division 6 of the San Diego Municipal Code by amending Sections 27.0604,
27.0607, 27.0608, 27.0620, 27.0624, and 27.0635; amending Chapter 2, Article 7, Division 8 of the San Diego Municipal Code by amending Section 27.0804; amending Chapter 2, Article 7, Division 9 of the San Diego Municipal Code by amending Section 27.0907; amending Chapter 2, Article 7, Division 11 of the San Diego Municipal Code by amending Sections 27.1110 and 27.1116; amending Chapter 2, Article 7, Division 14 of the San Diego Municipal Code by amending Sections 27.1406 and 27.1413; amending Chapter 2, Article 7, Division 27 of the San Diego Municipal Code by amending Sections 27.2714,
27.2715, 27.2719, and 27.2726; amending Chapter 2, Article 7, Division 29 of the San Diego Municipal Code by amending Sections 27.2903, 27.2911,
27.2922, 27.2924, 27.2930, 27.2935, 27.2938, 27.2943, 27.2944, 27.2951,
27.2955, and 27.2965; amending Chapter 2, Article 7, Division 30 of the San Diego Municipal Code by amending Section 27.3010, relating to revisions to the Elections Code.
Subitem-B: (R-2023-534)
Resolution amending the City of San Diego Clerk Administrative Guidelines to identify Diana Fuentes as Interim City Clerk, reflect gender-neutral pronouns, and address recall petitions and typographical errors.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on March 15, 2023.
ACTION: Motion by Chair Elo-Rivera, second by Committee Member LaCava, to approve staff's proposed actions.
Tuesday, June 06, 2023
VOTE: 5-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-yea.
Office of the City Clerk: Diana Fuentes, (619) 533-4000 City Attorney Contact: David J. Karlin
ADOPTION AGENDA
Item 100: As-Needed Consultant Agreement with Chen Ryan Associates, Inc. to Provide the Transportation Department with Engineering Support Services.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $7,500,000.00, for a term of 60 months. The agreement will be funded by the Transportation Department.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023–751)
Resolution authorizing an Agreement with Chen Ryan Associates, Inc. for asneeded engineering support services, in an amount not-to-exceed $7,500,000, over five years, and related funding actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on May 24, 2023.
ACTION: Motion by Vice Chair LaCava , second by Committee Member Montgomery Steppe, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Transportation Department: Chelsea Klaseus, (858) 541-4325 City Attorney Contact: Ryan P. Gerrity
Item 101: As-Needed Consultant Agreement with Wood Rodgers, Inc to Provide the Transportation Department with Engineering Support Services.
Total Estimated Cost of Proposed Action and Funding Source:
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, June 06, 2023
The cost of this agreement is not-to-exceed $7,500,000.00, for a term of 60 months. The agreement will be funded by the Transportation Department.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023–752)
Resolution authorizing an Agreement with Wood Rodgers, Inc. for as-needed engineering support services, in an amount not-to-exceed $7,500,000 over five years, and related funding actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on May 24, 2023.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Montgomery Steppe, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Transportation Department: Chelsea Klaseus, (858) 541-4325 City Attorney Contact: Ryan P. Gerrity
Item 102: Establishment of Overtime Eligibility.
Total Estimated Cost of Proposed Action and Funding Source:
There is no fiscal impact for this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-747)
Resolution, in accordance with the Fiscal Year 2024 Salary Ordinance, approving the job classifications in the City of San Diego that are eligible for overtime compensation in Fiscal Year 2024.
Committee Actions Taken: N/A
Human Resources: Jordan Lowery, (530) 410-9116
City Attorney Contact: Thomas J. Brady
Item 103: Adoption of Employee Representation Units for Fiscal Year 2024.
Total Estimated Cost of Proposed Action and Funding Source:
Tuesday, June 06, 2023
There is no known fiscal impact as a result of this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-759)
Resolution approving the classifications as appropriately assigned to employee representation units, for Fiscal Year 2024.
Committee Actions Taken: N/A
Human Resources: Brian Mallard, (619) 707-1785
City Attorney Contact: Thomas J. Brady
Item 104: Resolutions Approving Side Letter Agreements Between the City of San Diego and San Diego Police Officers Association, and City of San Diego and San Diego City Firefighters, I.A.F.F. Local 145, to Amend the Memoranda of Understanding Regarding the San Diego City Employees’ Retirement System (SDCERS) Interest Payment for Overpayment/Underpayment Due to Error by City or SDCERS, and to Extend the Same Benefit to Unrepresented Employees.
Total Estimated Cost of Proposed Action and Funding Source:
There are no known fiscal impacts.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-762)
Resolution approving and ratifying a Side Letter Agreement between the City of San Diego and the San Diego Police Officers Association related to the payment of interest to the San Diego City Employees' Retirement System and extending the terms to all unrepresented employees.
Subitem-A: 6 votes required pursuant to Charter Section 11.2.
Subitem-B: (R-2023-761)
Resolution approving and ratifying a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, I.A.F.F. Local 145 related to the payment of interest to the San Diego City Employees' Retirement System.
Subitem-B: 6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Thomas J. Brady
Tuesday, June 06, 2023
Item 105: Resolutions Approving Side Letter Agreements between the City of San Diego and San Diego Police Officers Association; San Diego City Firefighters, I.A.F.F. Local 145; and California Teamsters Local 911, to Amend the Memorandum Memoranda of Understanding Regarding Paid Sick Leave for Hourly Employees.
Total Estimated Cost of Proposed Action and Funding Source:
There are no known fiscal impacts at this time.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-753)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Police Officers Association, to add Article 77 to the Memorandum of Understanding related to Paid Sick Leave for Hourly Employees as Amended by Assembly Bill 1041.
Subitem-A: 6 votes required pursuant to Charter section 11.2.
Subitem-B: (R-2023-754)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, International Association of Firefighters, Local 145, to amend Article 28 of the Memorandum of Understanding related to Paid Sick Leave for Hourly Employees as Amended by Assembly Bill 1041.
Subitem-B: 6 votes required pursuant to Charter section 11.2.
Subitem-C: (R-2023-756)
Resolution approving a Side Letter Agreement between the City of San Diego and the California Teamsters Local 911, to amend Article 80 of the Memorandum of Understanding related to Paid Sick Leave for Hourly Employees as Amended by Assembly Bill 1041.
Subitem-C: 6 votes required pursuant to Charter section 11.2.
Committee Actions Taken: N/A
Human Resources: Jordan Lowery, (530) 410-9116
City Attorney Contact: Miguel Merrell
Item 106: Resolutions Approving Side Letter Agreements Between the City of San Diego and San Diego Police Officers Association; San Diego City Firefighters, I.A.F.F. Local 145; and California Teamsters Local 911, to Amend the Memoranda of Understanding Regarding Free San Diego Metropolitan Transit System (MTS) Transit Passes and Extending this Benefit to Unrepresented Employees and Volunteers.
Tuesday, June 06, 2023
Total Estimated Cost of Proposed Action and Funding Source:
The fiscal impact for Fiscal Year 2024 to provide free transit citywide is $786,046.80. The City currently subsidizes MTS fixed-route services transit passes citywide. Therefore, the additional cost beyond what the City is already subsidizing for Fiscal Year 2024 is approximately $310,000 to the general fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-718)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Police Officers Association, to amend Article 49 of the Memorandum of Understanding related to free MTS transit passes.
Subitem-A: 6 votes required pursuant to Charter Section 11.2.
Subitem-B: (R-2023-719)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, International Association of Firefighters, Local 145, to amend Article 45 of the Memorandum of Understanding related to free MTS transit passes.
Subitem-B: 6 votes required pursuant to Charter Section 11.2.
Subitem-C: (R-2023-720)
Resolution approving a Side Letter Agreement between the City of San Diego and the California Teamsters Local 911, to amend Article 51 of the Memorandum of Understanding related to free MTS transit passes.
Subitem-C: 6 votes required pursuant to Charter Section 11.2.
Subitem-D: (R-2023-721)
Resolution to offer free MTS transit passes to unrepresented employees and volunteers of the City of San Diego.
Committee Actions Taken: N/A
Human Resources: Jordan Lowery, (530) 410-9116
City Attorney Contact: Miguel Merrell
Item 107: Resolutions Approving Side Letter Agreements Between the City of San Diego and San Diego Police Officers Association; San Diego City Firefighters, I.A.F.F. Local 145; and California Teamsters Local 911, to amend the Memoranda of Understanding Regarding Bereavement Leave and to Extend the Same Benefit to Unrepresented Employees.
Tuesday, June 06, 2023
Total Estimated Cost of Proposed Action and Funding Source:
There are no known fiscal impacts at this time.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-641)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Police Officers Association, to amend Article 69 of the Memorandum of Understanding related to Bereavement Leave.
Subitem-A: 6 votes required pursuant to Charter Section 11.2.
Subitem-B: (R-2023-642)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego City Firefighters, International Association of Firefighters, Local 145, to amend Article 45 of the Memorandum of Understanding related to Bereavement Leave.
Subitem-B: 6 votes required pursuant to Charter Section 11.2.
Subitem-C: (R-2023-643)
Resolution approving a Side Letter Agreement between the City of San Diego and the California Teamsters Local 911, to amend Article 76 of the Memorandum of Understanding related to Bereavement Leave.
Subitem-C: 6 votes required pursuant to Charter Section 11.2.
Subitem-D: (R-2023-644)
Resolution to expand Bereavement Leave for unrepresented employees of the City of San Diego.
Committee Actions Taken: N/A
Human Resources: Scott Harris, (619) 707-0653
City Attorney Contact: Miguel Merrell
Item 108: Resolutions Approving Agreements Between the City of San Diego and its Recognized Employee Organizations to Increase the Parental Leave Benefit per the Amended Administrative Regulation 95.89 – Parental Leave and Amend the Long-Term Disability Income Plan Document Regarding Pregnancy-Related Disability, to Extend the Same Benefits to Unrepresented Employees, and to Amend Local 145’s Memorandum of Understanding, Article 28, to be Consistent with Administrative Regulation 95.89 – Parental Leave.
Tuesday, June 06, 2023
Total Estimated Cost of Proposed Action and Funding Source:
The fiscal impact for Fiscal Year 2024 is approximately $5.8 million citywide.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-767)
Resolution approving a Side Letter Agreement between the City and DCAA related to Parental Leave and Long-Term Disability benefits.
Subitem-B: (R-2023-765)
Resolution approving a Side Letter Agreement between the City and Local 127 related to Parental Leave and Long-Term Disability benefits.
Subitem-C: (R-2023-768)
Resolution approving a Side Letter Agreement between the City and Local 145 related to Parental Leave and Long-Term Disability benefits.
Subitem-C: 6 votes required pursuant to Charter Section 11.2.
Subitem-D: (R-2023-769)
Resolution approving a Side Letter Agreement between the City and Local 911 related to Parental Leave and Long-Term Disability benefits.
Subitem-E: (R-2023-764)
Resolution approving a Side Letter Agreement between the City and MEA related to Parental Leave and Long-Term Disability benefits.
Subitem-F: (R-2023-766)
Resolution approving a Side Letter Agreement between the City and POA related to Parental Leave and Long-Term Disability benefits.
Subitem-G: (R-2023-770)
Resolution approving the expansion of Parental Leave and Long-Term Disability benefits to unrepresented employees.
Committee Actions Taken: N/A
Human Resources: Abby Jarl-Veltz, (619) 236-6314
City Attorney Contact: Thomas J. Brady
Item 109: Resolutions Approving Agreements Between the City of San Diego and the Deputy City Attorneys Association and the City and the San Diego Municipal Employees Association Regarding a Proposed Amendment Tuesday, June 06, 2023
to the San Diego City Charter Authorizing Independent Legal Counsel for the Office of the City Auditor and Audit Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no known fiscal impacts.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-746)
Resolution approving and ratifying an agreement between the City of San Diego and the San Diego City Attorneys Association related to a proposed measure to amend the City Charter to establish a process for the retention and use of independent legal counsel for the Office of the City Auditor and Audit Committee.
Subitem-B: (R-2023-745)
Resolution approving and ratifying an agreement between the City of San Diego and the San Diego Municipal Employees Association related to a proposed measure to amend the City Charter to establish a process for the retention and use of independent legal counsel for the Office of the City Auditor and Audit Committee.
Committee Actions Taken: N/A
Human Resources: Walter Castillo, (619) 519-1975
City Attorney Contact: Joan F. Dawson
Item 110: Settlement of Melinda Moore v. City of San Diego, San Diego Superior Court No. 37-2022-00003971-CU-PO-CTL, Claim No. 28575.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $225,000.00 will be paid from Water Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-616)
Resolution authorizing the settlement of Melinda Moore v. City of San Diego, San Diego Superior Court No. 37-2022-00003971-CU-PO-CTL, related to a claim for personal injuries sustained on September 25, 2021, as a result of a trip and fall involving a water meter box located in the sidewalk of 1971 Willow Street in the City of San Diego. Risk Claim No. 28575.
Committee Actions Taken: N/A
Office of the City Attorney: Kevin R. Yee, (619) 533-5697 Tuesday, June 06, 2023
Item 111: Appointment to the Commission on Gang Prevention and Intervention.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 6.
Proposed Actions:
(R-2023-741)
Resolution confirming the Mayor's appointment of Lon Chhay to the Commission on Gang Prevention and Intervention for a term ending July 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 112: Appointment of an Alternate to San Dieguito River Valley Regional Open Space Park Board.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-774)
Resolution appointing Quinton Grounds as an alternate to the San Dieguito River Valley Regional Open Space Park Board.
Committee Actions Taken: N/A
Council District 9: Brendan Dentino, (619) 236-6699
City Attorney Contact: Kathy Steinman
Item S500: Resolution to Amend the Long-Term Disability Income Plan Regarding Pregnancy-Related Disability. (Added 5/31/23)
Total Estimated Cost of Proposed Action and Funding Source:
Funding for claims for employees disabled by pregnancy, childbirth, or a related medical condition is available within the Long-Term Disability (LTD) Fund and will be paid on an as-needed basis consistent with other LTD claims.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-780)
Tuesday, June 06, 2023
Resolution approving an amendment to the Self-Funded Employees' Long-Term Disability Income Plan.
Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
Item S501: Resolution Authorizing an Agreement with the San Diego Metropolitan Transit System to Provide Transit Passes to the City of San Diego’s Workforce. (Added 06/01/23)
Total Estimated Cost of Proposed Action and Funding Source:
The projected cost for the proposed five-year contract term with MTS to provide free transit citywide is $4,798,894. Transit pass budget is appropriated on an annual basis based on usage, with the highest projected year expected to not exceed $1.2 million. The City currently subsidizes MTS fixed-route service transit passes citywide, which partially offsets the additional costs of the U-Pass Agreement as shown in the Fiscal Considerations section of the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-779)
Resolution authorizing the Mayor, or his designee, to enter into a five-year Agreement with the San Diego Metropolitan Transit System, in an amount notto-exceed $1,200,000, per fiscal year, to provide transit passes to the City of San Diego's workforce.
Committee Actions Taken: N/A
Risk Management: Carly Danney, (619) 533-6107
City Attorney Contact: Miguel Merrell
Item S502: Adoption of the Amended Flexible Benefits Plan for Eligible Employees for Fiscal Year 2024. (Added 06/01/23)
Total Estimated Cost of Proposed Action and Funding Source:
Funding is appropriated in the annual budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-786)
Resolution adopting an amended Flexible Benefits Plan for Fiscal Year 2024 and establishing flexible benefit allotments.
Committee Actions Taken: N/A
Tuesday, June 06, 2023
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
Item S507: Second Amendment to Agreement for Behavioral Health Services with the County of San Diego. (Added 6/2/23)
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-743)
Resolution approving that certain Second Amendment to Agreement for Behavioral Health Services with the County of San Diego.
Committee Actions Taken: This item was heard at the Economic Development & Intergovernmental Relations Committee on May 17, 2023.
ACTION: Motion by Vice Chair Montgomery Steppe, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.
Government Affairs: Adrian Granda, (619) 218-7083
City Attorney Contact: Kevin Reisch
Tuesday, June 06, 2023
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Liberty Station Centennial and USS Recruit Celebration Day.
MAYOR GLORIA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
Proclaiming June 7th, 2023, “Liberty Station Centennial and USS Recruit Celebration” in the City of San Diego.
Item 31: National Gun Violence Awareness Day.
COUNCILMEMBER VON WILPERT AND CITY ATTORNEY ELLIOTT'S
RECOMMENDATION:
Proclaiming June 2, 2023, to be “National Gun Violence Awareness Day” in the City of San Diego.
SPECIAL ORDERS OF BUSINESS
Item S509: Proposed Fiscal Year 2024 City of San Diego Affordable Housing Fund Annual Plan. (Added 6/2/23)
Due to this item being held at the Land Use and Housing Committee and pursuant to Rule 2.3.2, the Council will vote on whether this item will be placed on the Adoption Agenda for the regularly scheduled meeting for Monday, June 12, 2023.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
Tuesday, June 06, 2023
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
DISCUSSION, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Item S508: Acceptance of Floating Restroom from the California Department of Parks and Recreation, Division of Boating and Waterways. (Added 6/2/23)
This item will be considered in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-755)
Resolution determining that application for and acceptance of the Floating Restroom asset is exempt from the California Environmental Quality Act pursuant to Section 15302 (c) of the CEQA Guidelines.
Subitem-B: (O-2023-160)
Introduction of an Ordinance approving the City of San Diego's grant application and acceptance of Floating Restroom asset from the California Department of Parks and Recreation, Division of Boating and Waterways.
Subitem-B: 6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Justin Stanek
DISCUSSION, ORDINANCES TO BE INTRODUCED:
Item 330: Fourth Amendment to Agreement with Meyers Nave Riback Silver & Wilson to Provide Continued Legal Services as Outside Panel Counsel.
This item will be considered in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source:
None at this time.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-147)
Tuesday, June 06, 2023
Introduction of an Ordinance authorizing the Fourth Amendment to the legal services agreement between the City and Meyers Nave Riback Silver & Wilson for continued legal services in connection with the ongoing litigation and appeals related to the utility relocation dispute with SDG&E, the reservoir spill lawsuit with Dr. Mehran Moussavian, and various other legal matters for which they are currently engaged that have not yet concluded in the previously authorized total amount not to exceed $1.2 million.
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Jim McNeill
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Item 333: First Amendment to Agreement with Gordon Rees Scully Mansukhani, LLP to Provide Continued Legal Services as Panel Outside Counsel.
This item will be considered in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source:
The First Amendment to the Contract with the Law Firm is for an increase of $600,000, for a total contract amount not-to-exceed $850,000. Funding for this contract increase will come from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-653)
Resolution authorizing the First Amendment to the contract with the Law Firm to increase the total amount of time under the contract beyond five years, for a period not-to-exceed six years, and increase the total not-to-exceed amount to $850,000 from $250,000.
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Jim McNeill
Tuesday, June 06, 2023
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.) Per Rule 2.7.2, 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, June 06, 2023
TUESDAY, JUNE 06, 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 S503: Amendment to Salary Ordinance for Fiscal Year 2024. (Added 6/2/23)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Approval of the Salary Ordinance is required under the City’s Charter as part of the annual budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-173 Cor. Copy) (Rev. 6/6/23)
Introduction of an Ordinance amending certain sections of the Fiscal Year 2024 Salary Ordinance to conform to negotiated and approved Agreements between the City and its Recognized employee Organizations and to extend comparable compensation to unrepresented employees for Fiscal Year 2024.
Committee Actions Taken: N/A
Human Resources: Abby Jarl-Veltz, (619) 236-6314
City Attorney Contact: Thomas J. Brady
DISCUSSION, ORDINANCE TO BE INTRODUCED:
Tuesday, June 06, 2023
ADOPTION AGENDA
Item 331: Fiscal Year 2024 Property and Business Improvement District Budget.
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 FY 2024 Downtown Property and Business Improvement District (PBID) budget includes: Fund Balance ($500,000); Non-City Parcel Assessments ($11,027,292); City-owned parcels assessments ($758,804); Federal Parcel Adjustment (-$191,894); Water Feature Reimbursement ($20,000); and Gas Tax Fund Allocation for median maintenance ($27,028).
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-760)
Resolution approving the Annual Report submitted in connection with the Downtown PBID for Fiscal Year 2024 and related funding actions.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on May 17, 2023.
ACTION: Motion by Committee Member Lee, second by Second by Chair Campillo, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-not yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, June 06, 2023
Item 332: Approval of the Fiscal Year (FY) 2024 San Diego Tourism Marketing District Report of Activities.
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:
Anticipated expenditures for FY2024 of up to $70,352,541 from TMD Funds 200726, 200704 and 200705, for implementation of FY2024 Report of Activities and underlying TMD Management Plan, including recovery of estimated City administrative costs of $300,000.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-758)
Resolution approving the Fiscal Year 2024 Report of Activities for the Tourism Marketing District and authorizing related expenditure of funds.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on May 17, 2023.
ACTION: Motion by Chair Campillo, second by Vice Chair Montgomery Steppe, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
Item S504: A Resolution Approving the Tentative Agreements and the Memorandum of Understanding Between the City of San Diego and the Deputy City Attorneys Association Regarding Terms and Conditions of Employment for Fiscal Years 2024 through 2026. (Added 6/2/23)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost of the proposed three-year successor MOU is estimated to be $8.94M in the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-777)
Tuesday, June 06, 2023
Resolution accepting and approving the Total Package Tentative Agreement and approving the Memorandum of Understanding between the City of San Diego and the Deputy City Attorneys Association of San Diego regarding terms and conditions of employment for Fiscal Years 2024 through 2026. 6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Jordan Lowery, (530) 410-9116
City Attorney Contact: Jim McNeill
Item S505: Resolution Approving the Total Package Tentative Agreement and Successor Memorandum of Understanding Between the City of San Diego and the American Federation of State, County, and Municipal Employees, AFL-CIO Local 127 Regarding Terms and Conditions of Employment for Fiscal Years 2024 through 2026. (Added 6/2/23) This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The fiscal impact of the proposed Local 127 three-year successor MOU is estimated to be $48M Citywide, with $22.3M in the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-667)
Resolution accepting and approving the Total Package Tentative Agreement and approving the Memorandum of Understanding between the City of San Diego and the American Federation of State, County and Municipal Employees, ALFCIO, Local 127 regarding terms and conditions of employment for Fiscal Years 2024 through 2026.
6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 236-6339
City Attorney Contact: Miguel Merrell
Item S506: Resolution Approving the Total Package Tentative Agreement and Successor Memorandum of Understanding Between the City of San Diego and the San Diego Municipal Employees Association Regarding Terms and Conditions of Employment for Fiscal Years 2024 through 2026. (Added 6/2/23)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Tuesday, June 06, 2023
Total Estimated Cost of Proposed Action and Funding Source:
The fiscal impact of the proposed three-year successor MOU is estimated to be $181.9M Citywide, with $85.1M in the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-665)
Resolution accepting and approving the Total Package Tentative Agreement and approving the Memorandum of Understanding between the City of San Diego and the San Diego Municipal Employees Association regarding terms and conditions of employment for Fiscal Years 2024 through 2026. 6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 218-7439
City Attorney Contact: Miguel Merrell
Tuesday, June 06, 2023
ADOPTION AGENDA
Item 334: Authorization of a Ten-Year Corporate Partnership Agreement Among the City of San Diego, Downtown San Diego Partnership, Inc. and IKE Smart City, LLC for a Digital Wayfinding System in Downtown San Diego, an Exemption from the City’s Prohibition Against Signs in the Right-of-Way and Off-Premises Messages, an Exemption from Certain Automatic Copy Regulations, an Exemption from Public Right-of-Way Permit Requirements, and Related Actions. (Rev. 5/31/23) This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-525)
Resolution of the Council of the City of San Diego determining that certain discretionary approvals, including the authorization of a Corporate Partnership Agreement among the City of San Diego, Downtown San Diego Partnership, Inc., and Ike Smart City, LLC related to a digital wayfinding system, and the authorization of limited exceptions to the City's signage and off-premises messaging regulations, automatic changing copy regulations, and permit procedures, are categorically exempt from the California Environmental Quality Act under CEQA Guidelines sections 15301, 15303, and 15304.
Subitem-B: (O-2023-136)
Introduction of an Ordinance of the Council of the City of San Diego approving a Corporate Partnership Agreement Among the City of San Diego, Downtown San Diego Partnership, Inc., and Ike Smart City, LLC for the Financing, Implementation, Management, and Operation of a Digital Wayfinding System with City Marketing Rights and Benefits, authorizing a limited exception to the signage and off-premises messaging regulations contained in Chapter 14, Article 2, Division 12 of the San Diego Municipal Code, authorizing a limited exception to the automatic changing copy regulations contained in Chapter 14, Article 1, Division 11 of the San Diego Municipal Code, and approving related actions.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on March 8, 2023.
ACTION: Motion by Chair Campillo, second by Vice Chair Montgomery Steppe, to recommend Council approval of staff’s proposed actions.
DISCUSSION, NOTICED HEARINGS:
Tuesday, June 06, 2023
VOTE: 3-0; Campillo-yea, Montgomery Steppe-yea, Lee-yea.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
PUBLIC NOTICES
Items are listed under Public Notices as a matter of public record only. These items do not require Council action and there is no public testimony.
Item 350: Ballot Measure Calendar.
SUBMISSION OF BALLOT PROPOSALS
FOR THE MARCH 5, 2024 BALLOT
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected]. The City Clerk’s Office has established the following calendar for the March 5, 2024 election.
DATE
DAYS
BEFORE
ELECTION
EVENT
Monday, July 17, 2023 232
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday, July 26, 2023 223
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Wednesday, September 6, 2023 181
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Tuesday, June 06, 2023
Monday, September 11, 2023 176
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, December 8, 2023 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, December 11, 2023 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, December 13, 2023 83 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information.
If you have questions, please contact the Office of the City Clerk at (619) 533-4000 or via email at [email protected]
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, June 06, 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, June 06, 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, June 06, 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)