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, JULY 11, 2023, AT 10:00 AM and 2:00 PM
Tuesday, July 11, 2023
NOTE: THE CITY COUNCL WILL ADJOURN AFTER THE 10:00AM SESSION, THERE WILL BE NO AFTERNOON SESSION. (Rev. 7/6/23)
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 NonAgenda 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.
Upang kayo ay matulungan na maisalin sa wikang Ingles ang inyong mga puna, mungkahi, o komento para sa Bayan ng San Diego, maaari pong makipag-ugnayan sa City Clerk sa telepono (619-533-4000) o email ([email protected]). Hangad ng Pamahalaang Bayan ng San Diego ang inyong pakikilahok sa Tuesday, July 11, 2023
usapang pambayan at handa itong magbigay ng agarang tulong na kinakailangan sa pagsasaling-wika ng inyong mga komento. Para sa higit pang impormasyon tungkol sa kung paano sumali at magbigay ng komento sa item sa mga pagpupulong ng Konseho, mangyaring i-click ang sumusunod na link.
Cần dịch vụ thông dịch để phát biểu ý kiến trước công chúng, xin hãy liên hệ với City Clerk (Thư Ký Thành Phố) theo số (619) 533-4000 hoặc email đến [email protected]. Thành phố cam kết sẽ giải quyết các yêu cầu thông dịch một cách nhanh chóng để gia tăng sự tham dự của công chúng. Để biết thêm thông tin về cách tham gia và đưa ra ý kiến về một mục tại các cuộc họp của Hội đồng, xin vui lòng nhấp vào liên kết dưới đây.
يمكن تقديم طلبات خدمات الترجمة لتقديم تعليقات عامة عن طريق الاتصال بكاتب المدينة على (619) 533-4000 أو mailto: [email protected] بمعالجة المدينة تلتزم طلبات الترجمة اللغوية بسرعة من أجل زيادة المشاركة العامة .لمزيد من المعلومات حول كيفية المشاركة والتعليق على أي موضوع في اجتماعات المجلس، يرجى الضغط على الرابط التالي パブリックコメントを要求するための翻訳サービス依頼は、市の書記（電話：619-533-4000ま
たはメール：mailto:[email protected]）に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
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。
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-4000 또 는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다. 시의회 회의에 참여하는 것과 안건 항
목에 대해 의견을 제의하는 것에 관한 자세한 정보를 원하시면 다음의 링크를 클릭하십시오.
為了鼓勵更多市民參與 '公眾意見'， 市政府設定了快捷的中文翻譯服務。 如你有任何關於 '公開意
見' 想發表， 請致電: (619) 533-4000， 或電郵 [email protected] 我們會為你翻譯。有关如何 参加市议会会议并就项目发表意见的更多信息，请点击以下链接。
“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, JULY 11, 2023 AT 10:00 AM
ROLL CALL
Tuesday, July 11, 2023
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
APPROVAL OF COUNCIL MINUTES
6/6/2023
6/12/2023
6/13/2023 Special
Tuesday, July 11, 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: Amendments to the San Diego Municipal Code to Expand 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: Citywide.
Proposed Actions:
(O-2023-139)
Introduction of an Ordinance amending Chapter 2, Article 6, Division 3 of the San Diego Municipal Code by amending Section 23.0301, relating to the Board of Library Commissioners.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on June 7, 2023.
ACTION: Motion by Committee Member Lee, second by Committee Member LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Morenonot present.
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 51: Amendments to the San Diego Municipal Code Relating to the City of San Diego Youth Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-201)
Introduction of an Ordinance amending Chapter 2, Article 6, Division 16 of the San Diego Municipal Code by amending Sections 26.1602 and 26.1604, relating to the City of San Diego Youth Commission.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on June 7, 2023.
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, July 11, 2023
Motion by Committee Member Lee, second by Committee Member LaCava, to recommend Council approval of staff's proposed actions with a request to further amend San Diego Municipal Code section 26.1604 to change who shall serve as liaison to the City of San Diego Youth Commission from a member of the City Council, or designee, to the Mayor, or designee.
VOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Morenonot present.
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 52: This item has been moved to Discussion, 10AM as Item S500 (Rev. 7/6/23) Item 53: First Amendment to Agreement with Mullen & Plummer APC to Provide Continued Legal Services as Panel Outside Counsel.
Total Estimated Cost of Proposed Action and Funding Source:
No funding is requested as part of this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-199)
Introduction of an Ordinance authorizing a First Amendment to the legal services agreement (LSA) with Mullen & Plummer APC to increase the total amount of time under the contract beyond five years, for a period not-to-exceed seven years. The increase of two years is necessary to continue work Mullen & Plummer APC is performing on behalf of the City, which involves defending the City and from a workers’ compensation claim in which the claimant, in propria persona, alleged fraud in discovery matters against the City.
6 votes required pursuant to Charter Section 99. (Rev. 7/7/23) Committee Actions Taken: N/A
Office of the City Attorney: Diana Adams, (619) 533-5849
ADOPTION AGENDA
Item 54: Award of Temperature-Controlled Water System Franchise to Energy Center San Diego LLC.
Total Estimated Cost of Proposed Action and Funding Source:
This item has a minimum bid payment of $500,000 and the grantee would pay the city a Franchise Fee equal to three percent (3%) of gross receipts annually.
Council District(s) Affected: 3.
Proposed Actions:
Adopt the following Ordinance which was introduced on 6/20/2023, Item 50 (Council voted 8-0, Council President Pro Tem Montgomery Steppe-not present):
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, July 11, 2023
(O-2023-177)
Ordinance granting to Energy Center San Diego LLC a franchise to use City streets to distribute temperature-controlled water to customers for the purpose of heating and cooling buildings in the Downtown area.
6 votes required pursuant to Charter Section 103.
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.
Sustainability and Mobility: Megan Ong, (619) 236-7077
City Attorney Contact: Frederick M. Ortlieb
Item 55: Exemption of an Assistant to the Development Services Director and Three Program Coordinator Positions in the Development Services Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
These positions are included in the Fiscal Year 2024 Proposed Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 6/20/2023, Item 51 (Council voted 8-0, Council President Pro Tem Montgomery Steppe-not present):
(O-2023-171)
Ordinance authorizing the exemption of an Assistant to the Development Services Director and three Program Coordinator positions in the City's Development Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on September 1 and October 6, 2022, and April 7, 2023. The Assistant to the Development Services Director position will be responsible for reviewing Department policies, procedures and operations, and other related duties. Two Program Coordinator positions will manage the Department's data analytics efforts. One Program Coordinator position will assist an Assistant Deputy Director position in managing the enforcement of the Sidewalk Vending Ordinance.
This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Development Services: Rimah Khouri-Velez, (619) 446-5007 City Attorney Contact: Miguel Merrell
Item 56: Community Parking Districts Fiscal Year 2024 Annual Plans and Budgets and Adjustment to the Pacific Beach Community Parking District Meter Zone.
Total Estimated Cost of Proposed Action and Funding Source:
Tuesday, July 11, 2023
This action authorizes the transfer, appropriation, and expenditure of CPD funding of an estimated $13,041,085 of Fiscal Year 2024 beginning Fund Balance, to the individual CPD funds which includes an estimate of $4,700,000 in parking meter revenue from FY 2023, the funding that the City Council previously appropriated in the Fiscal Year 2023 Annual Budget, the carry-over from previous years, and any year-end adjustments within the CPD funds.
Council District(s) Affected: 1, 2, 3, 9.
Proposed Actions:
Adopt the following Ordinance which was introduced on 6/20/2023, Item 60, SubitemB (Council voted 8-0, Council President Pro Tem Montgomery Steppe-not present):
(O-2023-167)
Ordinance of the Council of the City of San Diego adjusting the parking meter zone and operating hours in the Pacific Beach Community Parking District.
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 Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Sustainability and Mobility: Krystal Ayala, (619) 236-7079 City Attorney Contact: Kate Malcolm
Item 57: Ordinance Adopting Updated SDPD Military Equipment Use Procedure, and Renewing Approval for Use, Funding, and Acquisition of Military Equipment, Pursuant to Assembly Bill 481.
Total Estimated Cost of Proposed Action and Funding Source:
The Police Department FY 2023 Budget allocated $ 1,249,044 toward military equipment expenditures from the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 6/20/2023, Item 331 (Council voted 8-0, Council President Pro Tem Montgomery Steppe-not present):
(O-2023-159)
Ordinance adopting the updated San Diego Police Military Equipment Use Procedure and renewing approval for use, pursuit of funding for, and acquisition of the military equipment described in the Procedure, pursuant to Assembly Bill 481.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on May 17, 2023.
ACTION: Motion by Committee Member Campillo, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.
Tuesday, July 11, 2023
VOTE: 4-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campillo-yea.
Police: Assistant Chief Sandra Albrektsen, (619) 531-2252 City Attorney Contact: Michelle Garland
Item 58: Request to Exempt Two Program Coordinator Positions in the Police Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
Please see staff report.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 6/27/2023, Item 50 (Council voted 6-3, Council President Pro Tem Montgomery Steppe, Councilmember Moreno, Council President Elo-Rivera-nay):
(O-2023-157)
Ordinance authorizing the exemption of two Program Coordinator positions in the City's Police Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 7, 2023. The first Program Coordinator position will oversee the Data Analysis Section of the Information Services Division. The second Program Coordinator position will oversee the Investigative Support Section of the Information Services Division. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Police: Silvia Satrom, (619) 531-2109
City Attorney Contact: Miguel Merrell
Item 59: Request to Exempt One Program Manager Position in the Police Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
Please see staff report.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 6/27/2023, Item 51 (Council voted 6-3, Council President Pro Tem Montgomery Steppe, Councilmember Moreno, Council President Elo-Rivera-nay):
(O-2023-158)
Ordinance authorizing the exemption of a Program Manager position in the City's Police Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 7, 2023. The position will oversee, develop, manage, and execute a communications strategy for the Department related to community engagement and other matters. This Action is brought under San Diego Charter Section 117(a)(17).
Tuesday, July 11, 2023
Committee Actions Taken: N/A
Police: Silvia Satrom, (619) 531-2109
City Attorney Contact: Miguel Merrell
Item 60: Exemption of Assistant Deputy Director Position in the Transportation Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this position is offset by vacancy savings for FY2024.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 6/27/2023, Item 52 (Council voted 6-3, Council President Pro Tem Montgomery Steppe, Councilmember Moreno, Council President Elo-Rivera-nay):
(O-2023-197)
Ordinance authorizing the exemption of an Assistant Deputy Director position in the City's Transportation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This position will be responsible for overseeing the Roadways Section of the Street Division and other related duties. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Transportation Department: Bethany Bezak, (619) 527-3173 City Attorney Contact: Miguel Merrell
Item 61: Amendments to the Municipal Code to Repeal Inactive Boards.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: Outside of City limits.
Proposed Actions:
Adopt the following Ordinance which was introduced on 6/27/2023, Item 53 (Council voted 9-0):
(O-2023-180)
Ordinance amending Chapter 2, Article 6, Division 00 of the San Diego Municipal Code by repealing sections 26.09, 26.10, 26.15, 26.17, and 26.33; amending Chapter 2, Article 6 by repealing Division 13, Sections 26.1301, 26.1302, and 26.1303; amending Chapter 2, Article 6 by repealing Division 14, Sections 26.1401, 26.1402, and 26.1403; amending Chapter 2, Article 6 by repealing Division 34, Section 26.3401; amending Chapter 9, Article 8, Division 1 by repealing Section 98.0105; and retitling and amending Chapter 9, Article 8, Division 3 by repealing section 98.0302, relating to repealing inactive advisory boards.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on June 7, 2023.
Tuesday, July 11, 2023
ACTION: Motion by Council President Elo-Rivera, second by Committee Member Lee to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Morenonot present.
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 62: Exemption of Thirty-Two (32) Positions in the City of San Diego from Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
All Thirty-Two (32) are included in the Fiscal Year 2024 Adopted Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinances which were introduced on 6/27/2023, Item 54, Subitem-A, Subitem-B, Subitem-C, Subitem-D, Subitem-E, Subitem-F, Subitem-G, Subitem-H, Subitem-I, Subitem-J, Subitem-K, Subitem-L, Subitem-M, Subitem-N, and Subitem-O (Council voted 9-0):
Subitem-A: (O-2023-181)
Ordinance authorizing the exemption of one Program Coordinator position in the City's Compliance Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-B: (O-2023-182)
Ordinance authorizing the exemption of an Assistant Deputy Director and a Program Coordinator position in the City's Department of Information Technology from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-C: (O-2023-183)
Ordinance authorizing the exemption of a Program Coordinator position in the City's Department of Real Estate and Airport Management from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-D: (O-2023-184)
Ordinance authorizing the exemption of a Program Coordinator position in the City's Economic Development Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-E: (O-2023-185)
Ordinance authorizing the exemption of a Program Manager position in the City's Engineering and Capital Projects Department from the Classified Service, based on Tuesday, July 11, 2023
advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-F: (O-2023-186)
Ordinance authorizing the exemption of an Assistant Deputy Director and a Program Manager position in the City's Environmental Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-G: (O-2023-187)
Ordinance authorizing the exemption of an Assistant Department Director position in the City's General Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-H: (O-2023-188)
Ordinance authorizing the exemption of two Program Manager and four Program Coordinator positions in the City's Human Resources Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-I: (O-2023-189)
Ordinance authorizing the exemption of a Deputy Director and a Program Manager position in the City's Parks and Recreation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-J: (O-2023-190)
Ordinance authorizing the exemption of a Program Coordinator position in the City's Performance and Analytics Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-K: (O-2023-191)
Ordinance authorizing the exemption of a Program Coordinator position in the City's Personnel Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-L: (O-2023-192)
Ordinance authorizing the exemption of an Assistant Police Chief position in the City's Police Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-M: (O-2023-193)
Ordinance authorizing the exemption of two Program Manager and six Program Coordinator positions in the City's Public Utilities Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Tuesday, July 11, 2023
Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-N: (O-2023-194)
Ordinance authorizing the exemption of a Program Manager and two Program Coordinator positions in the City's Transportation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Subitem-O: (O-2023-195)
Ordinance authorizing the exemption of a Program Manager position in the City's Sustainability and Mobility Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Department of Finance: Christopher Purcell, (619) 236-6775 City Attorney Contact: Miguel Merrell
Item 63: Fiscal Year 2024 Tax Rate Ordinance for the Maintenance of Zoological Exhibits.
Total Estimated Cost of Proposed Action and Funding Source:
Funding is appropriated in the Fiscal Year 2024 Adopted Budget for Zoological Exhibits Maintenance in the amount of $19,490,501.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 6/27/2023, Item 331 (Council voted 8-0, Councilmember von Wilpert-not present):
(O-2023-174)
Ordinance fixing the rate of taxation to maintain zoological exhibits in Balboa Park for Fiscal Year 2024.
Committee Actions Taken: N/A
Department of Finance: Vanessa Montenegro, (619) 533-6169 City Attorney Contact: Bret A. Bartolotta
Item 64: General Plan Amendment, Community Plan Amendment, and Rezone for Exposition Way, Process Five Decision.
Total Estimated Cost of Proposed Action and Funding Source:
All costs associated with the processing of this project are recovered through a deposit account funded by the applicant.
Council District(s) Affected: 8.
Proposed Actions:
Tuesday, July 11, 2023
Adopt the following Ordinance which was introduced on 6/27/2023, Item 334, SubitemC (Council voted 8-0, Councilmember von Wilpert-not present):
(O-2023-178)
Ordinance changing 2.01 acres located within the Otay Mesa Community Plan area from the CN-1-2 (Commercial-Neighborhood) zone into the Il-2-1 (Industrial-Light) zone.
Committee Actions Taken: N/A
Development Services: Oscar Galvez III, (619) 446-5237
City Attorney Contact: Lindsey Sebastian
Tuesday, July 11, 2023
ADOPTION AGENDA
Item 100: Accept a 43-Acre Land Donation Located in the East Elliott Area of San Diego (Assessor’s Parcel Numbers 366-081-03 and 366-081-50), from Tri Pointe Homes IE-SD, Inc., Dedicate the Land as an Open Space Preserve, and Add the Land to the City of San Diego’s Multiple Species Conservation Program.
Total Estimated Cost of Proposed Action and Funding Source:
Costs associated with this action will be absorbed within Mission Trails Regional Park’s existing operations budget.
Council District(s) Affected: 7.
Proposed Actions:
(R-2023-835)
Resolution authorizing the Mayor to accept the donation of 43 acres of undeveloped real property in the East Elliott area of San Diego from Tri Pointe Homes IE-SD, Inc.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on June 15, 2023.
ACTION: Motion by Vice-Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.
Department of Real Estate and Airport Management: Brenda Chilvers, (619) 236-6062 City Attorney Contact: Julie Gough Inman
Item 101: Annual Special Tax Levy - Community Facilities Districts No. 2, No. 3, and No. 4.
Total Estimated Cost of Proposed Action and Funding Source:
Please see Staff Report.
Council District(s) Affected: 2, 5.
Proposed Actions:
Subitem-A: (R-2023-826)
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 2.
Subitem-B: (R-2023-827)
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 3.
Subitem-C: (R-2023-828)
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 4.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, July 11, 2023
Committee Actions Taken: N/A
Debt Management: Marisol Valdovinos, (619) 533-4071
City Attorney Contact: David Powell
Item 102: Adoption of Updated Animal Services Fee Schedule with San Diego Humane Society.
Total Estimated Cost of Proposed Action and Funding Source:
Projected annual fees collected for services outlined in the fee schedule are factored into the City’s overall annual costs. Not adopting the updated fee schedule could result in higher contract costs to the City in future years.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-837)
Resolution approving the updated Animal Services Fee Schedule with the San Diego Humane Society related to providing animal services and goods.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee on June 21, 2023.
ACITON: Motion by Chair Montgomery Steppe, second by Vice-Chair Moreno, to recommend Council approval of staff's proposed actions with an amendment to update the supporting documents of the item to include detailed responses to factors identified in Council Policy 100-05 section C, before the item is brought to full council.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Parks & Recreation: Tim Graham, (619) 525-8226
City Attorney Contact: Catherine Morrison
Item 103: Reappointments to the Commission on the Status of Women.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 3, 7.
Proposed Actions:
(R-2023-790)
Resolution confirming the Mayor's reappointments of Laurie Black, Dr. Lakeya Cherry, Susan Davis, Joy Utomi Hartmann, Sophie Tarazi, and Natasha Wong to the Commission on the Status of Women for terms ending March 1, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 104: Appointment to the Mission Bay Park Committee.
Tuesday, July 11, 2023
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-2023-742)
Resolution confirming the Mayor's appointment of Julie Roland to the Mission Bay Park Committee for a term ending June 30, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Tuesday, July 11, 2023
Item S502: Side Letter Agreement Between the City of San Diego and the Deputy City Attorneys Association of San Diego Amending Appendix A (Salary Tables) of the Fiscal Year 2024 through Fiscal Year 2026 Memorandum of Understanding. (Added 7/7/23)
Total Estimated Cost of Proposed Action and Funding Source:
There are no fiscal impacts associated with this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-4)
Resolution approving a Side Letter Agreement between the City of San Diego and the Deputy City Attorneys Association amending Appendix A of the Fiscal Year 2024 through Fiscal Year 2026 Memorandum of Understanding.
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 S503: Resolution Approving Side Letter Agreement Between the City of San Diego and California Teamsters Local 911 to Amend the Memorandum of Understanding Regarding the San Diego City Employees’ Retirement System (SDCERS) Interest Payment for Overpayment/Underpayment Due to Error by City or SDCERS. (Added 7/7/23)
Total Estimated Cost of Proposed Action and Funding Source:
There is no known additional fiscal impact as a result of this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-2)
Resolution approving a Side Letter Agreement between the City of San Diego and California Teamsters Local 911 related to payment of interest to the San Diego City Employees' Retirement Association.
6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Scott Harris, (619) 707-0653
City Attorney Contact: Thomas J. Brady
Tuesday, July 11, 2023
Item S504: Resolution Increasing the Hours of Floating Holidays for Eligible Unrepresented Employees. (Added 7/7/23)
Total Estimated Cost of Proposed Action and Funding Source:
The fiscal impact for Fiscal Year 2024 is included in the adopted budget for each respective department and fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-849)
Resolution increasing the hours of floating holidays for eligible unrepresented City employees.
Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 218-7439
City Attorney Contact: Miguel Merrell
Tuesday, July 11, 2023
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Teen Challenge of Southern California Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming July 23, 2023, to be “Teen Challenge of Southern California Day” in the City of San Diego.
Item S501: Josh Hader and Juan Soto All-Star Day. (Added 7/6/23)
COUNCILMEMBER WHITBURN AND COUNCILMEMBER CAMPILLO'S
RECOMMENDATION:
Proclaiming July 11, 2023, to be “Josh Hader and Juan Soto All-Star Day” in the City of San Diego.
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
Tuesday, July 11, 2023
INFORMATIONAL AND ADOPTION AGENDA ITEMS (10AM SESSION)
ADOPTION AGENDA
Item S500: IBank Infrastructure State Revolving Fund Program Loan for the Miramar Landfill Organics Processing Facility Project. (Added 7/6/23) 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:
Please see the "Fiscal Considerations" section of the Staff Report.
Council District(s) Affected: 6.
Proposed Actions:
(O-2023-200)
Introduction of an Ordinance authorizing the application for, and incurrence of, a loan in a maximum principal amount not-to-exceed $40.0 million from the California Infrastructure and Economic Development Bank to finance an Organics Processing Facility at the Miramar Landfill, and approving certain other matters in connection therewith.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on June 21, 2023.
ACTION: Motion by Vice-Chair Moreno, second by Committee Member Lee, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: Bret A. Bartolotta
DISCUSSION, ORDINANCES TO BE INTRODUCED:
Tuesday, July 11, 2023
Item 330: Second Amendment to Agreement with Hurrell & Cantrall 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 proposed Second Amendment to the LSA is for an increase of $300,000, for a contract total amount not-to-exceed $850,000. Funding will come from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2023-198)
Introduction of an Ordinance authorizing a Second Amendment to the legal services agreement (LSA) 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 $550,000.
6 votes required pursuant to Charter Section 99. (Rev. 7/7/23) Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-6370 Tuesday, July 11, 2023
ADOPTION AGENDA
Item 331: First Amendment to Agreement with Buchalter APC to Provide Continuing Legal Services for Insurance Coverage Recovery on De Anza Matter and to Pursue Indemnification on the 101 Ash Matter.
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 proposed retention of Law Firm to provide legal services will be for up to a fiveyear term (expiring June 25, 2026) or the completion of the scope of services, whichever is first, for an amount not-to-exceed $1,400,000 from $600,000 ($450,000 for the De Anza Matter and $350,000 for the 101 Ash Matter, for a total amount of $800,000.
Funds expended under this agreement will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-818)
Resolution authorizing the First Amendment to Agreement with Buchalter APC to Provide Continuing Legal Services for Insurance Coverage Recovery on De Anza Matter and to pursue indemnification on the 101 Ash Matter.
Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-6370
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.
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, July 11, 2023
TUESDAY, JULY 11, 2023 AT 2:00 PM
There will be no afternoon session.
Tuesday, July 11, 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 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.
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.
Tuesday, July 11, 2023
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, first-served 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.
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)