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, July 25, 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.
OTHER LEGISLATIVE MEETINGS
Tuesday, July 25, 2023
The SAN DIEGO HOUSING AUTHORITY is scheduled to meet today. A separate agenda is published for it, and is available online and in the Kiosk located in front of the City Administration Building, 202 C Street SD, CA 92101. For more information, please contact the Housing Authority Secretary at (619) 578-7550. Internet access to the agenda is available at:
http://www.sdhc.org/Media-Center/SDHC-Meetings/Housing-Authority-Meetings/ TUESDAY, JULY 25, 2023 AT 10:00 AM
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
APPROVAL OF COUNCIL MINUTES
6/26/2023
6/27/2023
Tuesday, July 25, 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: First Amendment to the Agreement with Kennedy/Jenks Consultants, Inc. (Kennedy/Jenks) for Professional Services for the Design and Construction Support, Contract# H166752, of Alvarado 2nd Extension Pipeline.
Total Estimated Cost of Proposed Action and Funding Source:
The contract funding phases in the amount not-to-exceed $9,376,110.00; of which $748,612.00 is for Phase III, and $3,232,917.00 is for all subsequent phases in CIP S-12013, Alvarado 2nd Extension Pipeline, Water Utility CIP.
Total Amendment amount of $3,981,529.00.
Council District(s) Affected: 2, 7.
Proposed Actions:
(O-2023-207)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a first amendment to Contract H166752 with Kennedy/Jenks Consultants, Inc. for professional engineering services for design and construction support for the Alvarado 2nd Extension Pipeline 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 June 21, 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: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
Item 51: First Amendment to the Settlement with San Diego Coastkeeper and Coastal Environmental Rights Foundation Regarding Statewide Industrial Storm Water Permit Order No. 2014-0057-DWQ.
Total Estimated Cost of Proposed Action and Funding Source:
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, July 25, 2023
The first amendment to the settlement agreement caps the monitoring fees up to $25,000 per year during the settlement term, with stipulated payments of $1,000 for each missed reporting deadline, to be funded by the Metro Sewer Utility Fund.
Council District(s) Affected: 1, 2, 6, 8.
Proposed Actions:
(O-2023-209 Cor. Copy 2)
Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into an Amended Consent Decree, and to approve further amendments, provided the amendment only extend the date for the City to meet its compliance obligations, in the matter of San Diego Coastkeeper, et al. v. City of San Diego, U.S. District Court Case No.: 3:18-cv-01757-JM-WVG to amend the term and extend the compliance dates for five City facilities under the National Pollutant Discharge Elimination System Industrial General Permit No. 2014- 0057-DWQ.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Public Utilities: Thomas Rosales, (858) 292-6418
City Attorney Contact: Shannon Eckmeyer
Item 52: Exemption of an Assistant Deputy Director, a Principal Accountant and a Program Coordinator Position 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 adopted budget. The Program Coordinator in Cannabis Business Division is budgeted in the General Fund. The Assistant Deputy Director and Principal Accountant positions are budgeted in the Development Services Department Enterprise Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-1)
Introduction of an Ordinance authorizing the exemption of an Assistant Deputy Director, a Principal Accountant, and a Program Coordinator position in the Development Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 6, 2023. The Assistant Deputy Director position will assist with overseeing the Business Operations and Support Services Division. The Principal Accountant position will oversee accounting activities within the permit tacking system, cashier services, and the City's financial system known as SAP. The Program Coordinator position will develop and coordinate the Cannabis Social Equity Tuesday, July 25, 2023
Program in the Cannabis Business Division. 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 53: First Amendment to the Consulting Agreement with Adam Frank Incorporated for the Presidio Public Art Project (H176944).
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 2.
Proposed Actions:
(O-2023-148)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Consulting Agreement with Adam Frank, Inc., extending the Consulting Agreement through August 31, 2027, in connection with the Presidio Park Public Art Project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on July 12, 2023.
ACTION: Motion by Vice Chair Montgomery Steppe, second by Committee Member Lee, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.
Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Ken So
ADOPTION AGENDA
Item 54: Amendments to the Street Preservation Ordinance.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, July 25, 2023
Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 7/10/2023, Item 200, Subitem-B (Council voted 9-0):
(O-2023-172 Rev. Cor. Copy)
Ordinance amending Chapter 6, Article 2, Division 11 of the San Diego Municipal Code by amending sections 62.1102, 62.1104, and 62.1105; retitling and amending section 62.1106; amending sections 62.1107 and 62.1108; repealing sections 62.1109 and 62.1110; amending and renumbering section
62.1111 to section 62.1109; amending and renumbering section 62.1112 to section 62.1110; amending and renumbering section 62.1113 to section
62.1111; and amending and renumbering section 62.1114 to section 62.1112; by amending Chapter 6, Article 2 of the San Diego Municipal Code by amending the title of Division 12; and by amending Chapter 6, Article 2, Division 12 of the San Diego Municipal Code by amending section 62.1202 and 62.1203; retitling and amending section 62.1204; amending section 62.1205, 62.1206, 62.1207; adding new section 62.1208; retitling, amending, and renumbering existing section 62.1208 to 62.109; retitling, amending, and renumbering section
62.1209 to section 62.1210; retitling, amending, and renumbering section
62.1210 to section 62.1211; amending and renumbering section 62.1211 to section 62.1212; amending and renumbering section 62.1212 to section
62.1213; amending and renumbering section 62.1213 to section 62.1214; retitling, amending, and renumbering section 62.1214 to section 62.1215; amending and renumbering section 62.1215 to section 62.1216, repealing existing section 62.1216; amending sections 62.1217 and 62.1218; and adding new section 62.1219 to the San Diego Municipal Code, all relating to excavations in the public right-of-way.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on November 16, 2022.
Motion by Chair von Wilpert, second by Council President Pro Tem Montgomery Steppe for this item to go to full Council no earlier than January 30, 2023, with direction to work with the City Attorney’s Office to complete legal review and additional information including the following:
- Request the IBA update to their 2012 report on this issue - Request staff provide additional examples of safety hazards presented to vehicles, bicyclists, and pedestrians as a result of inadequate or failing trench repairs.
-Request the City Attorney’s office provide information about any history of litigation or settlements by the City related to any accidents that took place as a result of trench related repairs.
-Request that staff present responses to the issues raised by the entities that excavate in the public right-of-way, and highlight any
potential changes from the proposed action we are seeing today as a result of continued discussions with those entities, with a redline of any changes made.
Tuesday, July 25, 2023
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppeyea.
Transportation Department: Chelsea Klaseus, (858) 541-4325 City Attorney Contact: Ryan P. Gerrity
Item 55: 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: Outside of City limits.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/11/2023, Item 50 (Council voted 9-0):
(O-2023-139)
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, Moreno-not present.
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 56: 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: Outside of City limits.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/11/2023, Item 51 (Council voted 9-0):
(O-2023-201)
Tuesday, July 25, 2023
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.
ACTION: 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, Moreno-not present.
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 57: 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:
Adopt the following Ordinance which was introduced on 7/11/2023, Item 53 (Council voted 9-0):
(O-2023-199)
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.
Committee Actions Taken: N/A
Office of the City Attorney: Diana Adams, (619) 533-5849 Item 58: IBank Infrastructure State Revolving Fund Program Loan for the Miramar Landfill Organics Processing Facility Project.
Tuesday, July 25, 2023
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:
Adopt the following Ordinance which was introduced on 7/11/2023, Item S500 (Council voted 9-0):
(O-2023-200)
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
Item 59: Second Amendment to Agreement with Hurrell & Cantrall LLP to Provide Continued Legal Services as Panel Outside Counsel.
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:
Adopt the following Ordinance which was introduced on 7/11/2023, Item 330 (Council voted 8-1, Councilmember LaCava-nay):
(O-2023-198)
Tuesday, July 25, 2023
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.
Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-6370
ADOPTION AGENDA
Item 60: Award Amendment #1 to Contract H207152 to Blue Lake Civil for the Design and Construction Support Services of AC Water and Sewer Group Job 1033.
Total Estimated Cost of Proposed Action and Funding Source:
This amendment is in the total amount not-to-exceed $975,270 of which $594,914.70 is from the Water Fund and $380,355.30 is from the Sewer Fund.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2023-840)
Resolution determining that the award and execution of Amendment No. 1 to Contract H207152 with Blue Lake Civil for professional engineering services for AC Water And Sewer Group Job 1033 is statutorily exempt from CEQA pursuant to State CEQA Guidelines Section 15262.
Subitem-B: (O-2023-205)
Introduction of an Ordinance authorizing the mayor or his designee to execute Amendment No. 1 to Contract H207152 with Blue Lake Civil for professional engineering services for AC Water And Sewer Group Job 1033 and related actions.
Subitem-B: 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on June 21, 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 CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, July 25, 2023
Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
ADOPTION AGENDA
Item 100: Award Contract to ERS Industrial Services, Inc. for Filter Media and One-Time Underdrain Cap Rehabilitation at the Alvarado Water Treatment Plant (ITB 10089995-23-W).
Total Estimated Cost of Proposed Action and Funding Source:
The total cost of this new contract is not-to-exceed $5,100,000, funded by the Water Utility Operating Fund.
Council District(s) Affected: 7.
Proposed Actions:
Subitem-A: (R-2023-843)
Resolution determining that the one-time media bed rehabilitation project at the Alvarado Water Treatment Plant is exempt from the California Environmental Quality Act pursuant to Section 15301(b) of the CEQA Guidelines.
Subitem-B: (R-2023-842)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with ERS Industrial Services, Inc., in an amount not to exceed $5,100,000, to provide maintenance, repair, and replacement services, related to the one-time media bed rehabilitation project at the Alvarado Water Treatment Plant.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 22, 2023.
ACTION: Motion by Committee Member Campillo, second by Vice-Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Public Utilities: Greg Cross, (619) 527-7460
City Attorney Contact: Justin Stanek
Item 101: Approval of Agreement for Sanitation Services and Incidental Hazardous Waste Removal on Public Rights-of-Way and Other CityOwned Property with Clean Harbors Environmental Services, Inc.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $15,954,000, for a term of five (5) years. The agreement will be funded by the General Fund.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, July 25, 2023
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-847)
Resolution determining that execution of the contract with Clean Harbors Environmental Services, Inc. for Sidewalk Sanitation Services is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facility).
Subitem-B: (R-2023-848)
Resolution authorizing the Mayor, or his designee, to execute the contract with Clean Harbors Environmental Services, Inc., for Sidewalk Sanitation Services for a term of up to five (5) years in an amount not-to-exceed $15,954,000, and for all related actions.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on June 22, 2023.
ACTION: Motion by Vice-Chair von Wilpert, 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: Franklin Coopersmith, (619) 236-6509 City Attorney Contact: Nicole M. Denow
Tuesday, July 25, 2023
Item 102: Settlement of Joseph Lopez, et al. v. City of San Diego, et al., San Diego Superior Court No. 37-2016-00027281-CU-PA-CTL, Claim No. 11919.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $4,800,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-836)
Resolution authorizing the settlement of Joseph Lopez, et al. v. City of San Diego, et al., San Diego Superior Court Case No. 37-2016-00027281-CU-PACTL, related to a claim of personal injury arising out of a pedestrian vs. automobile accident that occurred on September 25, 2015 at 3000 block of Health Center Drive. Risk Claim No. 11919.
Committee Actions Taken: N/A
Office of the City Attorney: Kelly L. McGeehan, (619) 533-5884 Item 103: Reappointments 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: 2, 3, 4.
Proposed Actions:
(R-2024-13)
Resolution confirming the Mayor's reappointments of Elizabeth Bustos for a term ending July 1, 2024, and Sheryl Harris and Jamie Wilson for terms ending July 1, 2025, to the Commission on Gang Prevention and Intervention.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 104: Reappointment to the Consolidated Plan Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 8.
Tuesday, July 25, 2023
Proposed Actions:
(R-2024-6)
Resolution confirming the reappointment of Victoria Barba to the Consolidated Plan Advisory Board 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 105: Reappointments to the Citizens Advisory Board on Police/Community Relations.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 4, 7.
Proposed Actions:
(R-2024-10)
Resolution confirming the Mayor's reappointment of Ellis Clay, Pastor Dennis Hodges, and Norma Sandoval to the Citizens Advisory Board on Police/Community Relations for terms ending January 1, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 106: Appointment and Reappointment to the Balboa Park Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 9.
Proposed Actions:
(R-2024-24)
Resolution confirming the Mayor's appointment of Molly Chase, for a term ending March 1, 2024, and reappointment of Makeda Cheatom, for a term ending March 1, 2025, to the Balboa Park Committee.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Tuesday, July 25, 2023
Item 107: Adoption of Updated Street Damage Fee Schedule.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-19)
Resolution approving an update to the Street Damage Fee schedule and amending the City's Rate Book.
Committee Actions Taken:
This item was heard at the Budget & Government Efficiency Committee meeting on July 12, 2023.
ACTION: Motion by Committee Member Lee, second by Committee member LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Transportation Department: Chelsea Klaseus, (858) 541-4325 City Attorney Contact: Ryan P. Gerrity
Tuesday, July 25, 2023
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING Item 30: American Muslim Appreciation and Awareness Month.
COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM
MONTGOMERY STEPPE, COUNCILMEMBER LEE, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming the month of August 2023 to be “American Muslim Appreciation and Awareness Month” in the City of San Diego.
Tuesday, July 25, 2023
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
Item 330: Accept and Expend Highway Safety Improvement Program (HSIP Cycle 11) Grant Funding for Pacific Beach Traffic Signal Timing and Communication Upgrades.
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:
Accept $1,002,500 of grant funds from the California Department of Transportation.
Council District(s) Affected: 1, 2, 7.
Proposed Actions:
Subitem-A: (R-2024-15)
Resolution determining that the authorization to enter into a grant agreement and accept, appropriate and expend Highway Safety Improvement Cycle 11 grant funding for Pacific Beach and surrounding area traffic signal upgrades is categorically exempt from CEQA under CEQA Guidelines section 15301(c).
Subitem-B: (R-2024-14)
Resolution authorizing the Mayor or designee to enter into a grant agreement and accept, appropriate, and expend Highway Safety Improvement Cycle 11 grant funding in an amount not-to-exceed $1,002,500 in Fund 600001 for Pacific Beach and surrounding area traffic signal upgrades.
Committee Actions Taken: N/A
Transportation Department: Stephen Celniker, (619) 533-3611 City Attorney Contact: Cassandra Mougin
Item 331: Accept and Expend Highway Safety Improvement Program (HSIP Cycle 11) Grant Funding for Mid-City and San Ysidro Traffic Signal Timing and Communication Upgrades.
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:
Tuesday, July 25, 2023
Accept $1,018,250 of grant funds from the California Department of Transportation.
Council District(s) Affected: 3, 8, 9.
Proposed Actions:
Subitem-A: (R-2024-18)
Resolution determining that the authorization to enter into a grant agreement and accept, appropriate and expend Highway Safety Improvement Cycle 11 grant funding for Mid-City, San Ysidro and surrounding area traffic signal upgrades is categorically exempt from CEQA under CEQA Guidelines section 15301(c).
Subitem-B: (R-2024-17)
Resolution authorizing the Mayor or designee to enter into a grant agreement and accept, appropriate, and expend Highway Safety Improvement Cycle 11 grant funding in an amount not-to-exceed $1,018,250, in Fund 600001 for MidCity, San Ysidro and surrounding area traffic signal upgrades.
Committee Actions Taken: N/A
Transportation Department: Stephen Celniker, (619) 533-3611 City Attorney Contact: Cassandra Mougin
Item 332: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the State of California Assembly Bill 179 Pass-Through Grant.
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:
Authorize the Chief Financial Officer, or designee, to accept, appropriate, and expend a pass-through grant from the California Office of Emergency Services in an amount not-to-exceed $2,000,000.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-3)
Resolution authorizing acceptance, appropriation, and expenditure of California Assembly Bill 179 Pass-Through Grant in the amount of $2,000,000 for startup costs related to emergency shelter for victims of domestic violence.
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Heather Ferbert
Tuesday, July 25, 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, July 25, 2023
TUESDAY, JULY 25, 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 S500: Citywide Park Development Impact Fee (DIF) Project Allocations. (Added 7/21/23)
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:
This request is for approval of Citywide Park Development Impact Fee (DIF) and Local Community DIF allocations in the amount of $8.3 million for 10 park improvement projects and parkland acquisition.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-7)
Resolution determining that a project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262.
Subitem-B: (R-2024-8)
Resolution determining that a Project involving the granting or acceptance of funding by a public agency for the purposes of acquiring, selling, or transferring interest in land by a public agency for the preservation of open space or lands for park purposes is statutorily exempt from CEQA pursuant to CEQA Guidelines section 21080.28.
Subitem-C: (R-2023-841)
Resolution authorizing the Chief Financial Officer to transfer and expend a total of approximately $8.3 million of Citywide Park Development Impact Fees (DIF) and community-based DIF fees toward ten park improvement projects; and for all related actions.
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, July 25, 2023
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on June 29, 2023.
ACTION: Motion by Committee Member Campillo, second by Vice-Chair EloRivera, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campbell-yea, Elo-Rivera-yea, Whitburn-yea, Campillo-yea.
Parks & Recreation: Tom Tomlinson, (619) 533-3187
City Attorney Contact: Jane M. Boardman
Item S501: Ratification of the Emergency Contract with HIG Downtown Investments LLC for Temporary Relocation of Individuals Sheltered at Golden Hall. (Added 7/21/23)
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:
This item is to approve the resolution ratifying the emergency contract between the City of San Diego and HIG Downtown Investments LLC for a total of $151,371.13 related to the Golden Hall shelter relocation.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-846)
Resolution determining that ratification of the emergency contract with HIG Downtown Investments LLC for the temporary relocation of individuals sheltered at Golden Hall is statutorily exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15269(c).
Subitem-B: (R-2023-845)
Resolution ratifying an emergency contract, pursuant to San Diego Municipal Code section 22.3208, with HIG Downtown Investments LLC in the amount of $151,371.13 for the temporary relocation of individuals sheltered at Golden Hall.
6 votes required pursuant to San Diego Municipal Code Section
22.3208(b).
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on June 15, 2023.
Tuesday, July 25, 2023
ACTION: Motion by Committee Member Whitburn, 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.
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Jose A. Garcia
Item 333: Bella Mar Apartments – Project No. 631240
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:
No City expenditures are being approved with this action. All costs associated with processing of this project are paid through a deposit account by the applicant.
Council District(s) Affected: 8.
Proposed Actions:
This project includes a General Plan amendment to re-designate a 14.62-acre site from Parks, Open Space and Recreation to Residential, a Otay Mesa-Nestor Community Plan amendment to re-designate the site from Open Space to Medium Density Residential, an amendment to the Local Coastal Program removing the site from the Special Study Area in Appendix 1B of the Community Plan and from the Coastal Deferred Certification area, an amendment to San Diego Municipal Code Sections 126.0702 and 132.0402 to re-designate the site in the Coastal Overlay Zone Jurisdiction Map from Coastal Deferred Certification; a Rezone; and adoption of MND No. 631240 and a MMRP for the Bella Mar Apartments project. (Rev. 7/20/23)
Subitem-A: (R-2024-11)
Resolution adopting mitigated negative Declaration No. 631240/State Clearinghouse No. 2022040642 and adopting the Mitigation, Monitoring, and Reporting Program for the Bella Mar Apartments Project.
Subitem-B: (R-2024-12)
Resolution adopting an amendment to the General Plan to redesignate a 14.62- acre site located at 408 Hollister St., from Park, Open Space, and Recreation to Residential, and an amendment to the Otay Mesa-Nestor Community Plan to redesignate land from Open Space to Residential - Medium Density, and Local Coastal Program Amendment.
Subitem-C: (O-2024-4)
DISCUSSION, NOTICED HEARINGS:
Tuesday, July 25, 2023
Introduction of an Ordinance changing 14.62-acres located at 408 Hollister Street within the Otay Mesa-Nestor Community Plan area from the OF-1-1 (Open Space - Floodplain) and AR-1-2 (Agricultural - Residential) zones to the RM-2-5 (Residential - Multiple-Unit) zone.
Subitem-D: (O-2024-5)
Introduction of an Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending section 126.0702; and amending Chapter 13, Article 2, Division 4 by amending section 132.0402 relating to the Coastal Overlay Zone Jurisdiction Area and Amending Coastal Development Permit Jurisdiction Map No. C-730-1. (Rev. 7/20/23)
Committee Actions Taken: N/A
Development Services: Martin R. Mendez, (619) 446-5309
City Attorney Contact: Lauren Hendrickson
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, July 25, 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
Tuesday, July 25, 2023
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.
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)