THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JULY 25, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................8 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 30: American Muslim Appreciation and Awareness Month ..............................................9 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.......................................................................10 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................................................................................................................11 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 ......12 Item 53: First Amendment to the Consulting Agreement with Adam Frank Incorporated for the Presidio Public Art Project (H176944) ..................................................................................13 Item 54: Amendments to the Street Preservation Ordinance ................................................15 Item 55: Amendments to the San Diego Municipal Code to Expand the Board of Library Commissioners ..................................................................................................................16 Minutes of Tuesday, July 25, 2023 Page 2
Table of Contents (Continued)
Item 56: Amendments to the San Diego Municipal Code Relating to the City of San Diego Youth Commission.......................................................................................................................18 Item 57: First Amendment to Agreement with Mullen & Plummer APC to Provide Continued Legal Services as Panel Outside Counsel..............................................................................19 Item 58: IBank Infrastructure State Revolving Fund Program Loan for the Miramar Landfill Organics Processing Facility Project.....................................................................................20 Item 59: Second Amendment to Agreement with Hurrell & Cantrall LLP to Provide Continued Legal Services as Panel Outside Counsel..............................................................................21 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 .................................22 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) ..24 Item 101: Approval of Agreement for Sanitation Services and Incidental Hazardous Waste Removal on Public Rights-of-Way and Other City-Owned Property with Clean Harbors Environmental Services, Inc................................................................................................25 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 ..................................................26 Item 103: Reappointments to the Commission on Gang Prevention and Intervention.............27 Item 104: Reappointment to the Consolidated Plan Advisory Board ......................................28 Item 105: Reappointments to the Citizens Advisory Board on Police/Community Relations .....29 Item 106: Appointment and Reappointment to the Balboa Park Committee...........................30 Item 107: Adoption of Updated Street Damage Fee Schedule...............................................31 Item 330: Accept and Expend Highway Safety Improvement Program (HSIP Cycle 11) Grant Funding for Pacific Beach Traffic Signal Timing and Communication Upgrades........................32 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............ ........................................................................................................................................33 Item 332: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the State of California Assembly Bill 179 Pass-Through Grant ..................................................................34 Item 333: Bella Mar Apartments – Project No. 631240.........................................................35 Minutes of Tuesday, July 25, 2023 Page 3
Table of Contents (Continued)
Item S500: Citywide Park Development Impact Fee (DIF) Project Allocations ........................37 Item S501: Ratification of the Emergency Contract with HIG Downtown Investments LLC for Temporary Relocation of Individuals Sheltered at Golden Hall ...............................................38 REPORT OUT FROM CLOSED SESSION................................................................................39 ADJOURNMENT .................................................................................................................40
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:03 a.m. The meeting was recessed by Council President Elo-Rivera at 11:58 a.m. for the noon recess to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:01 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 2:03 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 3:14 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 4:06 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
None.
CITY CLERK:
Fuentes (km/cp)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, July 25, 2023
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember von Wilpert.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
William “Bill” Snell commented on privacy issues and safety.
COUNCIL ACTION: Start Time: 11:21 AM
PUBLIC COMMENT-2:
Sarah Snell commented on privacy issues and safety.
COUNCIL ACTION: Start Time: 11:23 AM
PUBLIC COMMENT-3:
Joy Sunyata commented on cranes/comic con.
COUNCIL ACTION: Start Time: 11:24 AM
PUBLIC COMMENT-4:
Terrie Best commented on cannabis social equity.
COUNCIL ACTION: Start Time: 11:26 AM
PUBLIC COMMENT-5:
Michael Brando commented on health.
COUNCIL ACTION: Start Time: 11:28 AM
PUBLIC COMMENT-6:
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, July 25, 2023
Johann Balbuena commented on cannabis social equity.
COUNCIL ACTION: Start Time: 11:30 AM
PUBLIC COMMENT-7:
David Engel commented on Plant Based Treaty.
COUNCIL ACTION: Start Time: 11:32 AM
PUBLIC COMMENT-8:
Elizabeth Jacobelly commented on Plant Based Treaty.
COUNCIL ACTION: Start Time: 11:34 AM
PUBLIC COMMENT-9:
Rachel Hoser commented on Plant Based Treaty.
COUNCIL ACTION: Start Time: 11:37 AM
PUBLIC COMMENT-10:
Samantha Prado commented on Plant Based Treaty.
COUNCIL ACTION: Start Time: 11:38 AM
PUBLIC COMMENT-11 (virtual):
Dan Smiechowski commented on Nathan Fletcher and mailers.
COUNCIL ACTION: Start Time: 11:40 AM
PUBLIC COMMENT-12 (virtual):
Truth commented on fentanyl and Covid-19.
COUNCIL ACTION: Start Time: 11:42 AM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, July 25, 2023
PUBLIC COMMENT-13 (virtual):
Becky Rapp commented on International Academy on the Science and Impact of Cannabis.
COUNCIL ACTION: Start Time: 11:44 AM
PUBLIC COMMENT-14 (virtual):
Blair Beekman commented on smart streetlights.
COUNCIL ACTION: Start Time: 11:46 AM
PUBLIC COMMENT-15 (virtual):
Pamela Galaz commented on additional stop signs.
COUNCIL ACTION: Start Time: 11:48 AM
PUBLIC COMMENT-16 (virtual):
Terri-Ann Skelly commented on fentanyl and opioids.
COUNCIL ACTION: Start Time: 11:51 AM
PUBLIC COMMENT-17 (virtual):
Audra commented on ALPR in the UK and biking.
COUNCIL ACTION: Start Time: 11:53 AM
PUBLIC COMMENT-18 (virtual):
Judi Strang commented on tobacco and marijuana.
COUNCIL ACTION: Start Time: 11:54 AM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, July 25, 2023
COUNCIL COMMENT-1:
Councilmember Campbell announced District 2 is partnering with The Center for Community Solutions for a baby donations drive during the month of July. She stated the Center provides trauma informed wraparound services to empower survivors as they heal and recover.
Councilmember Campbell encouraged donations such as baby diapers, unscented wipes, blankets, and other items be dropped off in the donation box located in Chambers lobby until July 31, 2023.
COUNCIL ACTION: Start Time: 10:42 AM
SPECIAL ORDERS OF BUSINESS
None.
APPROVAL OF COUNCIL MINUTES
APPROVED
06/26/2023
06/27/2023
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
NOTE: The following Proclamation was NOT presented in Council Chambers.
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:
APPROVED
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, July 25, 2023
Proclaiming the month of August 2023, to be “American Muslim Appreciation and Awareness Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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; of which $748,612 is for Phase III, and $3,232,917 is for all subsequent phases in CIP S-12013, Alvarado 2nd Extension Pipeline, Water Utility CIP. Total Amendment amount of $3,981,529.
Council District(s) Affected: 2, 7.
Proposed Actions:
(O-2023-207) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 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.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, July 25, 2023
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
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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:
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) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 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
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, July 25, 2023
Public Utilities: Thomas Rosales, (858) 292-6418
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 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 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
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, July 25, 2023
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 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
COUNCIL ACTION: Start Time: 10:08 AM
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, July 25, 2023
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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:
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) ADOPTED AS ORDINANCE O-21701 (New Series) 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.
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, July 25, 2023
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.
VOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppe-yea.
Transportation Department: Chelsea Klaseus, (858) 541-4325 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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.
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, July 25, 2023
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/11/2023, Item 50 (Council voted 9-0):
(O-2023-139) ADOPTED AS ORDINANCE O-21702 (New Series)
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
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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:
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, July 25, 2023
Adopt the following Ordinance which was introduced on 7/11/2023, Item 51 (Council voted 9-0):
(O-2023-201) ADOPTED AS ORDINANCE O-21703 (New Series)
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
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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:
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, July 25, 2023
Adopt the following Ordinance which was introduced on 7/11/2023, Item 53 (Council voted 9-0):
(O-2023-199) ADOPTED AS ORDINANCE O-21704 (New Series)
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 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 58: IBank Infrastructure State Revolving Fund Program Loan for the Miramar Landfill Organics Processing Facility Project.
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) ADOPTED AS ORDINANCE O-21705 (New Series)
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, July 25, 2023
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
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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:
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, July 25, 2023
Adopt the following Ordinance which was introduced on 7/11/2023, Item 330 (Council voted 8- 1, Councilmember LaCava-nay):
(O-2023-198) ADOPTED AS ORDINANCE O-21706 (New Series)
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 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: Joe LaCava;
Recused: (None);
Not Present: (None).
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) ADOPTED AS RESOLUTION R-315054
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.
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, July 25, 2023
Subitem-B: (O-2023-205) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 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 Engineering & Capital Projects: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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:
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, July 25, 2023
Subitem-A: (R-2023-843) ADOPTED AS RESOLUTION R-315055
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) ADOPTED AS RESOLUTION R-315056
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
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 101: Approval of Agreement for Sanitation Services and Incidental Hazardous Waste Removal on Public Rights-of-Way and Other City-Owned Property with Clean Harbors Environmental Services, Inc.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, July 25, 2023
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.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-847) ADOPTED AS RESOLUTION R-315057
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) ADOPTED AS RESOLUTION R-315058
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
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of 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) ADOPTED AS RESOLUTION R-315059
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-PA-CTL, 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 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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:
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, July 25, 2023
(R-2024-13) ADOPTED AS RESOLUTION R-315060
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
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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.
Proposed Actions:
(R-2024-6) ADOPTED AS RESOLUTION R-315061
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
COUNCIL ACTION: Start Time: 10:08 AM
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, July 25, 2023
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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) ADOPTED AS RESOLUTION R-315062 ; ITEM WAS VETOED BY THE MAYOR ON TUESDAY, AUGUST 8, 2023
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
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, July 25, 2023
NOTE: ITEM WAS VETOED BY THE MAYOR ON TUESDAY, AUGUST 8, 2023. THE ITEM WAS NOT RECONSIDERED; VETO STANDS.
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) ADOPTED AS RESOLUTION R-315063
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
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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.
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, July 25, 2023
Proposed Actions:
(R-2024-19) ADOPTED AS RESOLUTION R-315064
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
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 330: Accept and Expend Highway Safety Improvement Program (HSIP Cycle 11) Grant Funding for Pacific Beach Traffic Signal Timing and Communication Upgrades.
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) ADOPTED AS RESOLUTION R-315065
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, July 25, 2023
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) ADOPTED AS RESOLUTION R-315066
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
COUNCIL ACTION: Start Time: 10:44 AM
MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
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.
Total Estimated Cost of Proposed Action and Funding Source:
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) ADOPTED AS RESOLUTION R-315067
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).
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, July 25, 2023
Subitem-B: (R-2024-17) ADOPTED AS RESOLUTION R-315068
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 Mid-City, 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
COUNCIL ACTION: Start Time: 10:55 AM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 332: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the State of California Assembly Bill 179 Pass-Through Grant.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize the Chief Financial Officer, or designee, to accept, appropriate, and expend a passthrough 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) ADOPTED AS RESOLUTION R-315069
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
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, July 25, 2023
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 11:04 AM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 333: Bella Mar Apartments – Project No. 631240.
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.
Subitem-A: (R-2024-11) ADOPTED AS RESOLUTION R-315070
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) ADOPTED AS RESOLUTION R-315071
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 Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, July 25, 2023
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) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 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) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 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.
Committee Actions Taken: N/A
Development Services: Martin R. Mendez, (619) 446-5309
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 3:35 PM
Public testimony by Julie Phair, Audra, Blair Beekman, and Al Del Mastro.
MOTION BY VIVIAN MORENO TO ADOPT THE RESOLUTIONS IN SUBITEMS A AND B; AND INTRODUCE THE ORDINANCES IN SUBITEMS C AND D. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item S500: Citywide Park Development Impact Fee (DIF) Project Allocations.
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.
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, July 25, 2023
Proposed Actions:
Subitem-A: (R-2024-7) RETURNED TO STAFF
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) RETURNED TO STAFF
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) RETURNED TO STAFF
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 communitybased DIF fees toward ten park improvement projects; and for all related actions.
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 Elo-Rivera, 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
COUNCIL ACTION: Start Time: 10:05 AM
Item S501: Ratification of the Emergency Contract with HIG Downtown Investments LLC for Temporary Relocation of Individuals Sheltered at Golden Hall.
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.
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, July 25, 2023
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-846) ADOPTED AS RESOLUTION R-315072
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) ADOPTED AS RESOLUTION R-315073
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.
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
COUNCIL ACTION: Start Time: 3:15 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
REPORT OUT FROM CLOSED SESSION
Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, July 25, 2023
None.
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, July 25, 2023
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:06 p.m. in honor of the memory of:
Larry Joseph Blackman III as requested by Council President Pro Tem Montgomery Steppe; and Ira Sharp as requested by Councilmember von Wilpert.
COUNCIL ACTION: Start Time: 3:59 PM