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CITY OF SAN DIEGO COUNCIL AGENDA COUNCIL PRESIDENT Georgette Gómez Ninth District COUNCIL PRESIDENT PRO TEM Barbara Bry First District COUNCILMEMBERS Jennifer Campbell Second District Christopher Ward Third District Monica Montgomery Fourth District Mark Kersey Fifth District Chris Cate Sixth District Scott Sherman Seventh District Vivian Moreno Eighth District Andrea Tevlin Mara W. Elliott Independent City Attorney Budget Analyst Elizabeth Maland City Clerk Council Chambers, 12 th Floor, City Administration Building Tuesday, December 08, 2020

CITY OF SAN DIEGO COUNCIL AGENDA2020/12/08  · separate agenda is published for it, and is available in the Office of the City Clerk. For more For more information, please contact

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  • CITY OF SAN DIEGO

    COUNCIL AGENDA

    COUNCIL PRESIDENT

    Georgette Gómez • Ninth District

    COUNCIL PRESIDENT PRO TEM

    Barbara Bry • First District

    COUNCILMEMBERS

    Jennifer Campbell • Second District

    Christopher Ward • Third District

    Monica Montgomery • Fourth District

    Mark Kersey • Fifth District

    Chris Cate • Sixth District

    Scott Sherman • Seventh District

    Vivian Moreno • Eighth District

    Andrea Tevlin Mara W. Elliott

    Independent City Attorney

    Budget Analyst

    Elizabeth Maland

    City Clerk

    Council Chambers, 12th Floor, City Administration Building

    Tuesday, December 08, 2020

  • Tuesday, December 08, 2020

    Page 2

    AGENDA FOR THE

    REGULAR COUNCIL MEETING OF

    TUESDAY, DECEMBER 08, 2020, AT 9:00 AM

    CITY ADMINISTRATION BUILDING

    COUNCIL CHAMBERS – 12TH FLOOR

    202 “C” STREET

    SAN DIEGO, CA 92101

    COVID- 19 PUBLIC SERVICE ANNOUNCEMENT REGARDING COUNCIL MEETING ACCESS AND

    PUBLIC COMMENT:

    Until further notice, City Council meetings will be conducted pursuant to the provisions of

    California Executive Order 29-20, which suspends certain requirements of the Ralph M. Brown

    Act and the Temporary Rules of Council as approved on June 9, 2020.

    During the current State of Emergency and in the interest of public health and safety, most—

    and possibly all—of the Council Members will be participating in City Council meetings by

    teleconference. In accordance with the Executive Order, there will be no members of the public

    participating in person at the City Council Meetings. We are providing alternatives to in-person

    attendance for viewing and participating in the meetings.

    In lieu of in-person attendance, members of the public may participate and provide comment

    via telephone, using the City Clerk webform, email submission or via U.S. Mail of written

    materials, as follows:

    Phone in Testimony

    When the Clerk introduces either the item you would like to comment on or the comment

    period for, Non-Agenda Public Comment, follow the instructions within the “Public Comment

    Instructions” by dialing the number below to be placed in the queue.

    1. DIAL 619-541-6310

    2. Enter the Access Code: 877861 then press ‘#’.

    Written Comment through Webform:

    Comment on Agenda Items may be submitted using the webform indicating the agenda item

    number for which you wish to submit your comment. Comments received by the start of the

    meeting will be distributed to the City Council and posted online with the meeting materials. All

    webform comments are limited to 200 words. Comments received after the start of the meeting

    but before the item is called will be submitted into the written record for the relevant item.

    https://www.gov.ca.gov/wp-content/uploads/2020/03/3.17.20-N-29-20-EO.pdfhttps://docs.sandiego.gov/council_reso_ordinance/rao2020/R-313082.pdfhttps://www.sandiego.gov/sites/default/files/city_council_public_comment_instructions.pdfhttps://www.sandiego.gov/sites/default/files/city_council_public_comment_instructions.pdfhttps://www.sandiego.gov/form/agenda-comment-form

  • Tuesday, December 08, 2020

    Page 3

    Non-Agenda Public Comment may be submitted using the webform, checking the appropriate

    box. Comments received by the start of the meeting will be distributed to the City Council and

    posted online with the meeting materials. All webform comments are limited to 200 words.

    Comments received after the start of the meeting but before Non-agenda comment is called will

    be submitted into the written record for the meeting.

    Written Materials. If you wish to submit written materials for submission into the record or

    have an attachment to your comment, you may email it to [email protected] or submit

    via U.S. Mail 202 C Street, MS2A San Diego, CA 92101. Materials submitted via e-mail will be

    distributed to the Councilmembers in accordance with the deadlines described above. Materials

    submitted via U.S. Mail will need to be received the business day prior in order for it to be

    distributed to the City Council.

    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 Time Warner Cable or Channel 99 for AT&T, or view

    the meetings online (link is external)

    REQUESTS FOR ACCESSIBILITY MODIFICATIONS OR ACCOMMODATIONS

    As required by the Americans with Disabilities Act (ADA), requests for agenda information to be

    made available in alternative formats, and any requests for disability-related modifications or

    accommodations required to facilitate meeting participation, including requests for alternatives

    to observing meetings and offering public comment as noted above, may be made by contacting

    the City Clerk at (619) 533-4000 or mailto:[email protected]. The City is committed to

    resolving accessibility requests swiftly in order to maximize accessibility.

    Note: The City Council will meet in Closed Session this morning at 9:00 a.m. or shortly

    thereafter. Public Comment on Closed Session items will occur at the start of the 9:00 a.m.

    session before Council adjourns into Closed Session. The City Council will reconvene for

    Open Session at 11:00 a.m. or shortly thereafter.

    PLEASE NOTE: THE PUBLIC PORTION OF THIS AGENDA, LISTED BELOW AND INCLUDING

    NON-AGENDA PUBLIC COMMENT, BEGINS AT 11AM OR SHORTLY THEREAFTER. The

    only public input taken at the start of the 9am session is for Closed Session items only.

    OTHER LEGISLATIVE MEETINGS

    The SAN DIEGO HOUSING AUTHORITY is scheduled to meet today in the Council Chambers. A

    separate agenda is published for it, and is available in the Office of the City Clerk. For more

    information, please contact the Housing Authority Secretary at (619) 578-7550. Internet access

    https://www.sandiego.gov/form/agenda-comment-formmailto:[email protected]://sandiego.granicus.com/ViewPublisher.php?view_id=31http://sandiego.granicus.com/ViewPublisher.php?view_id=31mailto:[email protected]

  • Tuesday, December 08, 2020

    Page 4

    to the agenda is available at:

    http://www.sdhc.org/Media-Center/SDHC-Meetings/Housing-Authority-Meetings/

    PUBLIC FACILITIES FINANCING AUTHORITY is scheduled to meet today in the Council

    Chambers. A separate agenda is published for it, and is available in the Office of the City Clerk.

    For more information, please contact Bret Bartolotta at (619) 533-5894. Internet access to the

    agenda is available at:

    https://www.sandiego.gov/city-clerk/officialdocs/legisdocs/pffa

    ROLL CALL

    INVOCATION

    PLEDGE OF ALLEGIANCE

    NON-AGENDA PUBLIC COMMENT

    APPROVAL OF COUNCIL MINUTES

    10/26/2020 SPECIAL

    10/27/2020

    11/03/2020 ADJOURNED

    ADOPTION AGENDA, CONSENT ITEMS

    The Consent items listed are considered to be routine, and the environmental documents have

    been considered

    ADOPTION AGENDA

    Item 50: 1st Amendment to Agreement H176824 With Black and Veatch

    Corporation, and 3rd Amendment to Agreement H115417 With Lee and Ro

    Inc., for Pump Station 2 Power Reliability and Surge Protection Project.

    Total Estimated Cost of Proposed Action and Funding Source:

    CONSENT, ORDINANCES TO BE INTRODUCED:

    http://www.sdhc.org/Media-Center/SDHC-Meetings/Housing-Authority-Meetings/https://www.sandiego.gov/city-clerk/officialdocs/legisdocs/pffa

  • Tuesday, December 08, 2020

    Page 5

    This First Amendment to the Agreement with Black and Veatch Corporation for

    construction management services is for the amount of $2,500,000, and brings

    the total not-to-exceed amount to $6,249,869.00 over a term of 7 years. The

    Third Amendment to the Agreement with Lee and Ro, Inc., will increase the

    contract by $975,000.00 for a total not-to-exceed $5,325,000.00 over a term of

    12.5 years.

    Council District(s) Affected: 2.

    Proposed Actions:

    Subitem-A: (O-2021-48)

    Introduction of an Ordinance authorizing the Mayor, or his designee, to execute

    the First Amendment to the Agreement with Black and Veatch Corporation for

    construction management services in an amount not-to-exceed $2,500,000.00 in

    CIP S-00312, PS2 Power Reliability and Surge Protection.

    6 votes required pursuant to Charter Section 99.

    Subitem-B: (O-2021-49)

    Introduction of an Ordinance authorizing the Mayor, or his designee, to execute

    the Third Amendment to the Consultant Agreement with Lee and Ro, Inc., in an

    amount not-to-exceed $975,000.00 in CIP S-00312, PS2 Power Reliability and

    Surge Protection.

    6 votes required pursuant to Charter Section 99.

    Committee Actions Taken:

    This item was heard at the Active Transportation and Infrastructure Committee

    meeting on November 18, 2020.

    ACTION: Motion by Councilmember Cate, second by Chairperson Ward, to

    recommend Council approval of staff's proposed actions.

    VOTE: 4-0; Kersey-yea, Ward-yea, Cate-yea, Moreno-yea.

    Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616

    City Attorney Contact: Christine Leone

    Item 51: Award a Third Amendment to the Consultant Agreement with Brown and

    Caldwell for Professional Services for the Design and Construction Support

    of Tierrasanta Pump Station (Contract No. H115441).

    Total Estimated Cost of Proposed Action and Funding Source:

  • Tuesday, December 08, 2020

    Page 6

    $178,021.00 from the Tierrasanta Pump Station project, Water Utility Capital

    Improvements Project fund.

    Council District(s) Affected: 7.

    Proposed Actions:

    (O-2021-77)

    Introduction of an Ordinance authorizing a third amendment to extend the

    agreement with Brown and Caldwell for professional services for the design and

    construction support of Tierrasanta Pump Station (Contract No. H115441), and

    taking related actions.

    6 votes required pursuant to Charter Section 99.

    Committee Actions Taken:

    This item was heard at the Active Transportation and Infrastructure Committee

    meeting on November 18, 2020.

    ACTION: Motion by Vice-Chairperson Ward, second by Councilmember Cate, to

    recommend Council approval of staff's proposed actions.

    VOTE: 4-0; Kersey-yea, Ward-yea, Cate-yea, Moreno-yea.

    Engineering & Capital Projects: Elif Cetin, (619) 533-3794

    City Attorney Contact: Adam Wander

    Item 52: Extension of K-15-1293-MAC-3-A, Multiple Award Construction Contract

    (MACC) for Water, Wastewater, and Stormwater Pipeline Projects for an

    Additional 12 Months.

    Total Estimated Cost of Proposed Action and Funding Source:

    This item is for a time extension only, no additional costs associated.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (O-2021-79)

    Introduction of an Ordinance authorizing two Construction Change Orders to

    allow for a 12-month extension of a Multiple Award Construction Contract for

    water, wastewater, and stormwater pipeline projects (K-15-1293-MAC-3-A), and

    taking related actions.

    6 votes required pursuant to Charter Section 99.

  • Tuesday, December 08, 2020

    Page 7

    Committee Actions Taken:

    This item was heard at the Active Transportation and Infrastructure Committee

    meeting on November 18, 2020.

    ACTION: Motion by Vice-Chairperson Ward, second by Councilmember Cate, to

    recommend Council approval of staff's proposed actions.

    VOTE: 4-0; Kersey-yea, Ward-yea, Cate-yea, Moreno-yea.

    ECP Contracts: Claudia Abarca, (619) 533-4102

    City Attorney Contact: Adam Wander

    Item 53: Approval of the Joint Use Agreements Between the City and SDUSD for

    Creative Performing Media Arts (CPMA) Middle, Cubberley Elementary,

    Encanto Elementary, Gage Elementary, Horton Elementary, Linda Vista

    Elementary, Marvin Elementary, and Harriet Tubman Village Charter

    Schools.

    Total Estimated Cost of Proposed Action and Funding Source:

    There are no fiscal considerations associated with the approval of the Joint Use

    Agreements.

    Council District(s) Affected: 4, 6, 7, 9.

    Proposed Actions:

    (O-2021-78)

    Introduction of an Ordinance authorizing the Mayor, or his designee, to enter

    into eight 25-year Joint Use Agreements with the San Diego Unified School

    District for the construction, operation, maintenance, and use of joint use

    facilities at Creative Performing Media Arts Middle School, Cubberley

    Elementary School, Encanto Elementary School, Gage Elementary School, Horton

    Elementary School, Linda Vista Elementary School, Marvin Elementary School,

    and Harriet Tubman Village Charter School, and related actions.

    6 votes required pursuant to Charter Section 99.

    Committee Actions Taken:

    This item was heard at the Public Safety and Livable Neighborhoods Committee

    meeting on November 18, 2020.

  • Tuesday, December 08, 2020

    Page 8

    ACTION: Motion by Vice Chair Bry, second by Councilmember Cate, to

    recommend Council approval of staff's proposed actions.

    VOTE: 4-0; Montgomery-yea, Bry-yea, Cate-yea, Moreno-yea.

    Parks & Recreation: Shannon Scoggins, (619) 236-6894

    City Attorney Contact: Marco A. Verdugo

    Item 54: Residuals Management Agreement between The East County Joint Powers

    Authority and the City of San Diego.

    Total Estimated Cost of Proposed Action and Funding Source:

    There are no expenditures being authorized with this action.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (O-2021-72)

    Introduction of an Ordinance authorizing the Mayor, or his designee, to execute

    a Residuals Management Agreement between the East County Joint Powers

    Authority and the City of San Diego.

    6 votes required pursuant to Charter Section 99.

    Committee Actions Taken:

    This item was heard at the Environment Committee meeting on November 19,

    2020.

    ACTION: Motion by Councilmember Bry, second by Vice Chair Moreno, to

    recommend Council approval of staff's proposed actions.

    VOTE: 3-0; Campbell-yea, Moreno-yea, Bry-yea, Sherman-not present.

    Public Utilities: John Stufflebean, (858) 292-6402

    City Attorney Contact: Christine Leone

    ADOPTION AGENDA

    Item 55: Pure Water – Second Amendment to the Agreement with HDR Engineering,

    Inc. for the Pure Water North City Conveyance System (H156508).

    Total Estimated Cost of Proposed Action and Funding Source:

    CONSENT, ORDINANCES TO BE ADOPTED:

  • Tuesday, December 08, 2020

    Page 9

    This project will be funded by the Water Capital Improvement Program Fund.

    This action increases the not-to-exceed amount by $1,200,000, for a total not-

    to-exceed amount for the Agreement of $12,439,930.

    Council District(s) Affected: 1, 6, 7.

    Proposed Actions:

    Adopt the following Ordinance which was introduced on 11/17/2020, Item 50.

    (Council voted 8-0, Councilmember Ward-not present):

    (O-2021-55)

    Ordinance seeking Council authorization to execute the 2nd Amendment to the

    Agreement with HDR Engineering to extend its' term by five years and add a

    not-to-exceed amount of $1,200,000 for the Pure Water North City Conveyance

    System.

    6 votes required pursuant to Charter Section 99.

    Committee Actions Taken: N/A

    Public Utilities: Fabiola Amarillas, (858) 533-5437

    City Attorney Contact: Ray Palmucci

    Item 56: Approval of Joint Use Agreements between the City and SDUSD for Curie

    Elementary, Lindbergh-Schweitzer Elementary, Pacific View Leadership

    Elementary, Paradise Hills Elementary and Rowan Elementary Schools.

    Total Estimated Cost of Proposed Action and Funding Source:

    The design and construction of the proposed joint use facilities will be funded

    by the District and the City. The City will provide annual maintenance of the joint

    use facilities. This cost will be reflected in the annual Parks and Recreation

    Department budgets. There are no city Capital Improvement Projects authorized

    with this action.

    Council District(s) Affected: 1, 4, 6, 9.

    Proposed Actions:

    Adopt the following Ordinance which was introduced on 11/17/2020, Item 60,

    Subitem D. (Council voted 8-0, Councilmember Ward-not present):

    (O-2021-68)

    Ordinance authorizing execution of five Agreements for construction, operation,

    maintenance, and use of joint use facilities at Curie Elementary, Lindbergh-

    Schweitzer Elementary, Pacific View Leadership Elementary, Paradise Hills

  • Tuesday, December 08, 2020

    Page 10

    Elementary, and Rowan Elementary Schools with the San Diego Unified School

    District and related actions.

    6 votes required pursuant to Charter Section 99.

    Committee Actions Taken: N/A

    Parks & Recreation: Shannon Scoggins, (619) 236-6894

    City Attorney Contact: Hilda R. Mendoza

    Item 57: Exemption of One Program Coordinator Position from the Classified

    Service to Serve as a Community Engagement Specialist for the Police

    Department.

    Total Estimated Cost of Proposed Action and Funding Source:

    The position is supplemental. The estimated cost for the position, including

    salary and fringe benefits, is anticipated to be $159,089, and will be funded by

    eliminating one (1.00) Administrative Aide II position and additional anticipated

    vacancy savings. The elimination of one (1.00) existing Administrative Aide II

    position and addition of one (1.00) supplemental position will net-zero (0.00)

    Full Time Equivalent (FTE) change to the overall Department.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    Adopt the following Ordinance which was introduced on 11/17/2020, Item 51.

    (Council voted 8-0, Councilmember Ward-not present):

    (O-2021-70)

    Ordinance authorizing the exemption of one Program Coordinator position in

    the City's Police Department from the Classified Service, based on advisory

    review and favorable comment by the Civil Service Commission on October 1,

    2020. This Program Coordinator position will be responsible for formulating and

    administering policies for the Neighborhood Policing Division and the STAR/PAL

    Program. This Action is brought under San Diego Charter Section 117(a)(17).

    Committee Actions Taken: N/A

    Police: Paul Connelly, (619) 531-1502

    City Attorney Contact: Miguel Merrell

    Item 58: Exemption of Two Program Coordinator Positions in the Human Resources

    Department from the Classified Service.

  • Tuesday, December 08, 2020

    Page 11

    Total Estimated Cost of Proposed Action and Funding Source:

    The new unclassified Program Coordinators' annual cost, including salaries and

    fringe benefits, totals approximately $253,292. Projected savings in personnel

    expenses due to vacancies, and "CARES Act" funding for the positions from

    August to December 2020, will offset any additional expenses in Fiscal Year

    2021.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    Adopt the following Ordinance which was introduced on 11/17/2020, Item 52.

    (Council voted 8-0, Councilmember Ward- not present):

    (O-2021-73)

    An Ordinance authorizing the exemption of two Program Coordinator positions

    in the City's Human Resources Department from the Classified Service, based on

    advisory review and favorable comment by the Civil Service Commission on

    November 6, 2020. One Program Coordinator position will be responsible for

    overseeing and developing COVID-19 related operations and protocols, and

    other related duties; and one Program Coordinator position will be responsible

    for overseeing COVID-19 related data projects, developing a COVID-19 tracking

    and reporting system, and other related duties. This Action is brought under San

    Diego Charter Section 117(a)(17).

    Committee Actions Taken: N/A

    Human Resources: Julie Rasco, (619) 533-6413

    City Attorney Contact: Miguel Merrell

    Item 59: Riverwalk - Project No. 581984.

    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: 7.

    Proposed Actions:

    Adopt the following Ordinances which were introduced on 11/17/2020, Item

    343, Subitems D, E, F, G and I; and adopt the following Ordinance which was

    amended by Council action at the time of introduction on 11/17/2020, Subitem

    H. (Council voted 8-0, Councilmember Ward- not present):

  • Tuesday, December 08, 2020

    Page 12

    Subitem A: (O-2021-62)

    Ordinance rescinding the Levi-Cushman Specific Plan and adopting the

    Riverwalk Specific Plan.

    Subitem A is not subject to the Mayor's veto.

    Subitem B: (O-2021-59)

    Ordinance amending Chapter 13, Article 1, Division 14 of the San Diego

    Municipal Code by amending Sections 132.1402 AND 132.1403.

    Subitem B is not subject to the Mayor's veto.

    Subitem C: (O-2021-64 Cor. Copy)

    Ordinance rezoning portions of a 195-acre site located at 1150 Fashion Valley

    Road from the CC-3-9 zone to the OP-1-1 zone, from the CC-3-9 zone to the

    RM-4-10 zone, from the OP-1-1 zone to the OC-1-1 zone, from the OP-1-1 zone

    to the CC-3-9 zone, and from the RMX-1 zone to the CC-3-9 zone. (Rev.

    11/16/20)

    Subitem C is not subject to the Mayor's veto.

    Subitem D: (O-2021-63)

    Ordinance approving a Development Agreement between the City of San Diego

    and SD Riverwalk LLC.

    Subitem D is not subject to the Mayor's veto.

    Subitem E: (O-2021-60 Rev. Copy)

    Ordinance approving Site Development Permit No. 2046682 and Conditional

    Development Permit No. 2046683.

    Subitem E is not subject to the Mayor's veto.

    Subitem F: (O-2021-61)

    Ordinance approving Vesting Tentative Map No. 2213361 and Easement

    Vacation No. 2046685.

    Subitem F is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

  • Tuesday, December 08, 2020

    Page 13

    Development Services: Jeffrey A. Peterson, (619) 446-5237

    City Attorney Contact: Corrine Neuffer

    Item 60: Transfer of Non-Exclusive Solid Waste Collection Franchise from

    Dependable Disposal & Recycling to Republic Services Environmental, LLC.

    Total Estimated Cost of Proposed Action and Funding Source:

    There is no cost associated with this item.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    Adopt the following Ordinance which was introduced on 11/10/2020, Item 50.

    (Council voted 9-0):

    (O-2021-58 Cor. Copy)

    Ordinance authorizing the transfer of the Class II Non-Exclusive Franchise for

    Solid Waste Management Services from Dependable Disposal & Recycling to

    Republic Services Environmental, LLC; and the execution by the Mayor, or his

    designee, of a consent to assignment of the franchise and franchise Agreement.

    6 votes required pursuant to City Charter Section 103.

    Committee Actions Taken: N/A

    Environmental Services: Ken Prue, (858) 492-5085

    City Attorney Contact: David Krypel

    Item 61: Amendments to the General Plan, Downtown Community Plan, Centre City

    Planned District Ordinance, Local Coastal Program and Rezone for Tailgate

    Park.

    Total Estimated Cost of Proposed Action and Funding Source:

    There are no expenditures being authorized with this action.

    Council District(s) Affected: 3.

    Proposed Actions:

    Adopt the following Ordinance which was introduced on 11/10/2020, Item 333,

    Subitem C and D. (Council voted 9-0):

    Subitem-A: (O-2021-45 Cor. Copy)

    Ordinance rezoning 2.75 acres in the two blocks bound by Imperial Avenue and

    K, 13th, and 14th Streets within the Downtown Community Plan Area in the City

  • Tuesday, December 08, 2020

    Page 14

    of San Diego, California, from the Mixed Commercial District to the Ballpark

    Mixed-Use District as defined by San Diego Municipal Code Chapter 15, Article

    6, Division 3; and repealing Ordinance No. O-19471, adopted on April 3, 2006, of

    the ordinances of the City of San Diego insofar as the same conflicts herewith.

    Subitem-B: (O-2021-51)

    Ordinance amending Chapter 15, Article 6, Division 3 of the San Diego

    Municipal Code by Amending figures B, C, H, J, K, and L, relating to Centre City

    Planned District and Tailgate Park Project in the two-block areas bounded by

    Imperial Avenue, K Street, 13th Street, and 14th Street.

    Committee Actions Taken: N/A

    Urban Division: Brad Richter, (619) 446-5147

    City Attorney Contact: Noah J Brazier

    Item 62: Kearny Mesa Community Plan Update.

    Total Estimated Cost of Proposed Action and Funding Source:

    There are no expenditures being authorized with this action.

    Council District(s) Affected: .

    Proposed Actions:

    Adopt the following Ordinances which were introduced on 11/10/2020, Item

    335, Subitem D and Subitem E. (Council voted 9-0):

    Subitem-A: (O-2021-46)

    Ordinance rezoning 2,054 acres located within the Kearny Mesa Community

    Plan area in the City of San Diego, California, to the RM-2-5, RM-3-9, RM-4-10,

    CC-2-3, CC-2-5, CC-3-8, CC-3-9, CC-4-5, CC-4-6, CO-1-2, CV-1-2, OP-1-1, OP-2-

    1, OC-1-1, OR-1-1, IL-2-1, IL-3-1, IS-1-1, EMX-1, EMX-2, RMX-1, and RMX-2

    zones and repealing ordinance Nos. O-17842 N.S., adopted 10-19-1992, O-

    17887, adopted 01-25-93, O-17912, adopted 05-17-93, O-18002, adopted 10-

    25-93, O-18037, adopted 02-22-94, O-18258, adopted 02-12-96, O-18865,

    adopted 10-16-00, O-18866, adopted 10-16-00, O-19124, adopted 11-25-02, O-

    19438, adopted 11-14-05, O-19818, adopted 12-2-08, AND O-21056, adopted

    03-25-19 of the City of San Diego as described insofar as the same conflict

    herewith.

    Subitem-B: (O-2021-34)

    Ordinance amending Chapter 13, Article 1, Division 5 of the San Diego

    Municipal Code by amending Section 131.0531; amending Chapter 13, Article 1,

  • Tuesday, December 08, 2020

    Page 15

    Division 6 by amending Sections 131.0605 and 131.0631; and amending Chapter

    13, Article 2, Division 14 by amending Section 132.1402 and adding new

    Diagram 132-14S, all relating to the Kearny Mesa Community Plan Update.

    Committee Actions Taken: N/A

    Planning: Lind, Lisa, (619) 236-6531

    City Attorney Contact: Noah Brazier

    Item 63: Consideration of an Ordinance Regulating the City's Use, Acquisition, and

    Funding of Surveillance Technology.

    Total Estimated Cost of Proposed Action and Funding Source:

    Cost has not yet been determined.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    Adopt the following Ordinance which was amended by Council action at the

    time of introduction on 11/10/20, Item S500. (Council voted 9-0):

    (O-2021-69 Cor. Copy)

    Ordinance amending Chapter 5 of the San Diego Municipal Code by adding new

    Article 11, Division 1, Sections 511.0101 through 511.0110, to create regulations

    relating to the City's use, acquisition, and funding of surveillance technology.

    Committee Actions Taken: N/A

    Council District 4: Chloe Triplett, (619) 236-6644

    City Attorney Contact: Kenneth So

    Item 64: Establishment of a Privacy Advisory Board.

    Total Estimated Cost of Proposed Action and Funding Source:

    No cost associated with this action.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    Adopt the following Ordinance which was introduced on 11/10/2020, Item S501.

    (Council voted 9-0):

    (O-2021-67 Cor. Copy)

  • Tuesday, December 08, 2020

    Page 16

    Ordinance establishing a Privacy Advisory Board to advise on best practices to

    protect resident and visitor privacy rights in connection with the City's purchase

    and use of surveillance equipment and other technology that collects or stores

    individual data.

    Committee Actions Taken: N/A

    Council District 4: Chloe Triplett, (619) 236-6644

    City Attorney Contact: Jennifer L. Berry

    Item 65: Complete Communities: Housing Solutions and Mobility Choices Initiative.

    Total Estimated Cost of Proposed Action and Funding Source:

    There are no expenditures being authorized with this action.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    Adopt the following Ordinance which was introduced on 11/09/2020, Item 601,

    Subitem C. (Council voted 7-2, Councilmember Kersey and Councilmember

    Moreno- nay); Adopt the following Ordinance which was amended by Council

    action by interlineation at the time of introduction on 11/09/2020, Item 601,

    Subitem E. (Council voted 8-1, Councilmember Moreno- nay); Adopt the

    following Ordinance which was introduced on 11/09/2020, Item 601, Subitem F.

    (Council voted 8-1, Councilmember Moreno- nay):

    Subitem-A: (O-2021-52)

    Ordinance amending Chapter 14, Article 3 of the San Diego Municipal Code by

    Adding New Division 11, Sections 143.1101, 143.1102, and 143.1103, relating to

    Mobility Choices Regulations.

    Subitem-B: (O-2021-53 Rev. Copy)

    Ordinance amending Chapter 14, Article 3 of the San Diego Municipal Code by

    Adding New Division 10, Sections 143.1001, 143.1002, 143.1005, 143.1010,

    143.1015, 143.1020, and 143.1025, relating to Complete Communities: Housing

    Solutions Regulations.

    Subitem-C: (O-2021-54 Cor. Copy)

    Ordinance amending Chapter 14, Article 2, Division 6 of the San Diego

    Municipal Code by Amending Section 142.0640, relating to Development Impact

    Fees.

  • Tuesday, December 08, 2020

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    Committee Actions Taken: N/A

    Planning/Environmental Analysis: Heidi Vonblum, (619) 446-5363

    City Attorney Contact: Corrine Neuffer

    Item 66: Authorization for the Issuance of Public Facilities Financing Authority of

    the City of San Diego Lease Revenue Bonds.

    Total Estimated Cost of Proposed Action and Funding Source:

    Please see "Fiscal Considerations" section of Staff Report.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    Adopt the following Ordinance which was introduced on 11/17/2020, Item 331,

    Subitem A. (Council voted 8-0, Councilmember Ward-not present):

    (O-2021-71)

    Ordinance authorizing the issuance and sale in one or more series of the Public

    Facilities Financing Authority of the City of San Diego’s lease revenue bonds in a

    total aggregate principal amount not-to-exceed $146,000,000; authorizing the

    City Attorney to appoint bond and disclosure counsel; and approving other

    documents and actions in connection therewith.

    6 votes required pursuant to Charter Section 99.

    Committee Actions Taken: N/A

    Debt Management: Richard Eyre, (619) 236-6899

    City Attorney Contact: David Powell

    ADOPTION AGENDA

    Item 100: Authorization to Enter Into a Five-Year Agreement With Rady Children’s

    Hospital, Chadwick Center for Children and Families For Forensic Medical

    Examinations, Forensic Interviews, and Other Related Services for Juveniles

    and Dependent Adults.

    Total Estimated Cost of Proposed Action and Funding Source:

    CONSENT, RESOLUTIONS TO BE ADOPTED:

  • Tuesday, December 08, 2020

    Page 18

    The cost of this agreement is not-to-exceed $1,400,000.00 for a term of 60

    months. The agreement will be funded by the General Fund.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-258)

    Resolution authorizing the Mayor, or his designee, to enter into a Consultant

    Agreement with Rady Children’s Hospital, Chadwick Center for Children and

    Families, in an amount not-to-exceed $1,400,000 over five years, to provide

    forensic medical examinations, forensic interviews, and other related services for

    juveniles and dependent adults.

    Committee Actions Taken:

    This item was heard at the Public Safety and Livable Neighborhoods Committee

    meeting on November 18, 2020.

    ACTION: Motion by Chair Montgomery, second by Vice Chair Bry, to

    recommend Council approval of staff's proposed actions.

    VOTE: 4-0; Montgomery-yea, Bry-yea, Cate-yea, Moreno-yea.

    Police: Carole Beason, (619) 531-2686

    City Attorney Contact: Michelle Garland

    Item 101: Authorization to Execute a Contract With JCI Jones Chemicals, Inc., (Bid

    No. 10089682-20-V) to Purchase Sodium Hypochlorite 12.5% for

    Wastewater Treatment Facilities.

    Total Estimated Cost of Proposed Action and Funding Source:

    This project will be funded by the Metro Sewer Utility Fund, and the Muni Sewer

    Revenue Fund. Total Cost: $13,300,000.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-156)

    Resolution authorizing the Mayor, or his designee, to execute a contract with JCI

    Jones Chemicals, Inc., to purchase Sodium Hypochlorite 12.5% for Wastewater

    Treatment Facilities, in an amount not-to-exceed $13,300,00, for five years.

    Committee Actions Taken:

  • Tuesday, December 08, 2020

    Page 19

    This item was heard at the Environment Committee meeting on November 19,

    2020.

    ACTION: Motion by Vice Chair Moreno, second by Councilmember Bry, to

    recommend Council approval of staff's proposed actions.

    VOTE: 3-0; Campbell-yea, Moreno-yea, Bry-yea, Sherman-not present.

    Public Utilities: Craig Boyd, (858) 654-4245

    City Attorney Contact: Christine Leone

    Item 102: Memorandum of Understanding between Parties Named in San Diego

    Regional Water Quality Control Board Investigative Order R9-2019-0014

    for San Diego River.

    Total Estimated Cost of Proposed Action and Funding Source:

    Total costs for the City of San Diego under this MOU will be $2,497,570 over five

    years, of which $1,720,341 will be from the Muni Sewer Revenue fund, and the

    remaining $777,229 from the General Fund.

    Council District(s) Affected: 2, 3, 7, 9.

    Proposed Actions:

    (R-2021-93)

    Resolution authorizing the Mayor, or his designee, to execute a Memorandum

    of Understanding with the California Department of Transportation (Caltrans),

    the cities of El Cajon, La Mesa, and Santee, County of San Diego Department of

    Public Works, San Diego County Sanitation District, Metropolitan Transit District,

    Padre Dam Municipal Water District, and San Diego State University to allow

    cost-sharing to achieve compliance with the San Diego River Investigative Order

    R9-2019-0014.

    Committee Actions Taken:

    This item was heard at the Environment Committee meeting November on 19,

    2020.

    ACTION: Motion by Vice Chair Moreno, second by Councilmember Bry, to

    recommend Council approval of staff's proposed actions.

    VOTE: 3-0; Campbell-yea, Moreno-yea, Bry-yea, Sherman-not present.

    Transportation & Storm Water: David Wells, (858) 541-4339

    City Attorney Contact: Christine Leone

  • Tuesday, December 08, 2020

    Page 20

    Item 103: Ratification of Eight (8) Engineering and Capital Projects FY20 Emergency

    Sole Source Contracts.

    Total Estimated Cost of Proposed Action and Funding Source:

    Funding for these contracts were previously approved and certified as part of

    the emergency contract execution process. There is no financial impact with this

    action. Additional funding will be certified in the future, if needed, to address

    unforeseen conditions.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-254)

    Resolution of the Council of the City of San Diego Ratifying Eight Engineering

    and Capital Projects FY 20 Emergency Sole Source Contracts.

    6 votes required pursuant to San Diego Municipal Code Section 22.3108.

    Committee Actions Taken:

    This item was heard at the Active Transportation and Infrastructure Committee

    meeting on November 18, 2020.

    ACTION: Motion by Vice-Chairperson Ward, second by Councilmember Cate, to

    recommend Council approval of staff's proposed actions.

    VOTE: 4-0; Kersey-yea, Ward-yea, Cate-yea, Moreno-yea.

    Engineering & Capital Projects: Elif Cetin, (619) 533-4634

    City Attorney Contact: Christine Leone

    Item 104: First Amendment to Provide Point Loma Wastewater Treatment Plant

    (PLWTP) Digesters C1 and C2 and Metro Biosolids Center (MBC) Holding

    Tank 17 Cleaning.

    Total Estimated Cost of Proposed Action and Funding Source:

    The First Amendment is for an amount not-to-exceed $1,500,000, for a total

    contract value not-to-exceed amount of $4,500,000 from the Metro Sewer Utility

    Fund for the purpose of funding the cleaning project.

    Council District(s) Affected: 2, 6.

    Proposed Actions:

    (R-2021-168)

  • Tuesday, December 08, 2020

    Page 21

    Resolution authorizing the Mayor, or his designee, to execute a First

    Amendment to the Agreement with American Process Group, in the amount of

    $1,500,00.00, for digester cleaning at the Point Loma Wastewater Treatment

    Plant.

    Committee Actions Taken:

    This item was heard at the Environment Committee meeting on November 19,

    2020.

    ACTION: Motion by Vice Chair Moreno, second by Councilmember Bry, to

    recommend Council approval of staff's proposed actions.

    VOTE: 3-0; Campbell-yea, Moreno-yea, Bry-yea, Sherman-not present.

    Public Utilities: Tom Rosales, (858) 292-6418

    City Attorney Contact: Christine Leone

    Item 105: Proposed Reuse of Building 191 at Naval Training Center Park as a Bicycle

    Center.

    Total Estimated Cost of Proposed Action and Funding Source:

    Capital Funding: The proposed reuse of Building 191 at Naval Training Center

    Park is proposed to be funded privately via the San Diego County Bicycle

    Coalition (SDCBC), which is organizing a fundraising effort to cover the cost to

    reconstruct the existing building into a bicycle center.

    Operations and Maintenance: SDCBC plans to operate and maintain the bicycle

    facility with its own funding via long-term concession agreement.

    Council District(s) Affected: 2.

    Proposed Actions:

    Subitem-A: (R-2021-262)

    Resolution determining that the authorization of execution of a concession

    agreement with San Diego Council Bicycle Coalition for the use of City-owned

    property commonly referred to as Building 191 located at Naval Training Center

    Park as a Bicycle Center is exempt from the California Environmental Quality Act

    pursuant to Sections 15301, 15302, and 15303 of the CEQA Guidelines.

    Subitem-B: (R-2021-263)

    Resolution authorizing execution of a concession agreement with San Diego

    County Bicycle Coalition for the use of City-owned property commonly referred

  • Tuesday, December 08, 2020

    Page 22

    to as Building 191 located at the Naval Training Center Park as a Bicycle Center

    and related actions.

    Committee Actions Taken:

    This item was heard at the Public Safety and Livable Neighborhoods Committee

    meeting on July 15, 2020.

    ACTION: Motion by Councilmember Moreno, second by Councilmember Cate,

    to recommend Council approval of staff's proposed actions and to move to City

    Council.

    VOTE: 4-0; Montgomery-yea, Bry-yea, Cate-yea, Moreno-yea.

    Parks & Recreation: Andrew Field, (619) 235-1110

    City Attorney Contact: Hilda R. Mendoza

    Item 106: Adopting an Amended Conflict of Interest Code for the Planning

    Department.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-84)

    Adopting an Amended Conflict of Interest Code for the Planning Department.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Mike Hansen, (619) 236-6057

    City Attorney Contact: Marguerite Middaugh

    Item 107: Adopting an Amended Conflict of Interest Code for the Development

    Services Department.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-194)

  • Tuesday, December 08, 2020

    Page 23

    Adopting an Amended Conflict of Interest Code for the Development Services

    Department.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Anali Dela Espriella, (619) 446-5268

    City Attorney Contact: Marguerite Middaugh

    Item 108: Adopting an Amended Conflict of Interest Code for the City Council

    Departments, Council Administration, and Office of the Independent

    Budget Analyst.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-73)

    Resolution adopting an amended Conflict of Interest Code for the City Council

    Departments, Council Administration, and Office of the Independent Budget

    Analyst.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Lori Witzel, (619) 236-6442

    City Attorney Contact: Anjana Pottathil

    Item 109: Adopting an Amended Conflict of Interest Code for the Engineering and

    Capital Projects Department.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-195)

    Resolution adopting an amended Conflict of Interest Code for the Engineering

    and Capital Projects Department.

  • Tuesday, December 08, 2020

    Page 24

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Leslie Cerritos, (619) 533-3481

    City Attorney Contact: Anjana Pottathil

    Item 110: Adopting an Amended Conflict of Interest Code for the Transportation and

    Stormwater Department.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-88)

    Resolution adopting an amended Conflict of Interest Code for the

    Transportation and Stormwater Department.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Benjamin Battaglia, (619) 533-3717

    City Attorney Contact: Anjana Pottathil

    Item 111: Adopting an Amended Conflict of Interest Code for the San Diego City

    Employees’ Retirement System.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-199)

    Resolution adopting an amended Conflict of Interest Code for the San Diego

    City Employees’ Retirement System.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

  • Tuesday, December 08, 2020

    Page 25

    Office of the City Attorney: Johnny Tran, (619) 525-3644

    City Attorney Contact: Anjana Pottathil

    Item 112: Adopting an Amended Conflict of Interest Code for the Public Utilities

    Department.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-86)

    Resolution adopting an amended Conflict of Interest Code for the Public Utilities

    Department.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Yvonne Blantz, (619) 614-4520

    City Attorney Contact: Anjana Pottathil

    Item 113: Adopting an Amended Conflict of Interest Code for the Office of the

    Mayor.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-82)

    Resolution adopting an amended Conflict of Interest Code for the Office of the

    Mayor.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Marie Joyce, (619) 236-6249

    City Attorney Contact: Anjana Pottathil

  • Tuesday, December 08, 2020

    Page 26

    Item 114: Adopting an Amended Conflict of Interest Code for the Office of the City

    Treasurer.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-71)

    Resolution adopting an amended Conflict of Interest Code for the Office of the

    City Treasurer.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Elizabeth Correia, (619) 236-7157

    City Attorney Contact: Anjana Pottathil

    Item 115: Adopting an Amended Conflict of Interest Code for the Office of the City

    Clerk.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-70)

    Resolution adopting an amended Conflict of Interest Code for the Office of the

    City Clerk.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Elizabeth Maland, (619) 533-4080

    City Attorney Contact: Anjana Pottathil

    Item 116: Adopting an Amended Conflict of Interest Code for the Office of the City

    Attorney.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

  • Tuesday, December 08, 2020

    Page 27

    Proposed Actions:

    (R-2021-69)

    Resolution adopting an amended Conflict of Interest Code for the Office of the

    City Attorney.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Tanya Tomlinson, (619) 533-5811

    City Attorney Contact: Anjana Pottathil

    Item 117: Adopting an Amended Conflict of Interest Code for the Human Resources

    Department.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-196)

    Resolution adopting an amended Conflict of Interest Code for the Human

    Resources Department.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Jeremy Culuko, (619) 533-3978

    City Attorney Contact: Anjana Pottathil

    Item 118: Adopting an Amended Conflict of Interest Code for the Communications

    Department.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-72)

    Resolution adopting an amended Conflict of Interest Code for the

    Communications Department.

  • Tuesday, December 08, 2020

    Page 28

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Craig Gustafson, (619) 236-7064

    City Attorney Contact: Anjana Pottathil

    Item 119: Adopting an Amended Conflict of Interest Code for the Office of the Chief

    Financial Officer.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-68)

    Resolution adopting an amended Conflict of Interest Code for the Office of

    Chief Financial Officer.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Rolando Charvel, (619) 236-5941

    City Attorney Contact: Anjana Pottathil

    Item 120: Adopting an Amended Conflict of Interest Code for the Funds Commission.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-90)

    Resolution adopting an amended Conflict of Interest Code for the Funds

    Commission.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    Office of the City Attorney: Elizabeth Correia, (619) 236-7157

  • Tuesday, December 08, 2020

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    City Attorney Contact: Anjana Pottathil

    Item 121: Transfer $950,000 in Capital Improvement Program funds for the Torrey

    Pines Golf Course Temporary Driving Range.

    Total Estimated Cost of Proposed Action and Funding Source:

    This action will transfer appropriations of $950,000 from the Torrey Pines Golf

    Course CIP project to the TP South Golf Course Imp Renovation CIP project.

    Council District(s) Affected: 1.

    Proposed Actions:

    (R-2021-266)

    Resolution authorizing the Chief Financial Officer to transfer appropriations of

    $950,000 from CIP AEA00001 to CIP S18002 within Fund 700045 for the purpose

    of constructing the Torrey Pines Golf Course temporary driving range.

    Committee Actions Taken: N/A

    Parks & Recreation: Scott Bentley, (858) 552-1786

    City Attorney Contact: Marco A. Verdugo

    Item 122: Fiscal Year 2020 Urban Area Security Initiative Grant Program.

    Total Estimated Cost of Proposed Action and Funding Source:

    This action is to authorize the administration of $16,900,000 of Urban Area

    Security Initiative grant funding for San Diego Urban Area regional projects, a

    portion of which will be retained by the City of San Diego.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-255)

    Resolution authorizing the Mayor, or his designee, to apply for and accept

    $16,900,000, and any additional grant funding, from the California Governor's

    Office of Emergency Services to implement the FY 2020 Homeland Security

    Grant Program, and to enter into all agreements necessary for the purpose of

    implementing the FY 2020 Homeland Security Grant Program, contingent upon

    funding being secured.

    Authorizing the Chief Financial Officer, or his designee, to accept, appropriate,

    and expend $16,900,000, and any additional grant funding awarded under the

  • Tuesday, December 08, 2020

    Page 30

    FY 2020 Homeland Security Grant Program, contingent upon funding being

    secured.

    Committee Actions Taken: N/A

    Office of Homeland Security: Megan Beall, (619) 533-6764

    City Attorney Contact: Lara Easton

    Item 123: 2019 FEMA Assistance to Fire Fighters Grant Award.

    Total Estimated Cost of Proposed Action and Funding Source:

    The cost share requirement is 15% and totals $170,241. A portion of the grant

    match will be absorbed in the Fire-Rescue’s FY21 General Fund budget, and the

    remainder will be requested for the FY 2022 budget.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-257)

    Resolution authorizing the Mayor, or his designee, to make applications to the

    Federal Emergency Management Agency, Assistance to Firefighters Grant

    Program and to take all necessary actions to secure funding in an amount not-

    to-exceed $1,134,939 for the purchase of personal protective equipment (PPE),

    athletic equipment and programable PPE washing machine/extractors;

    Authorizing the Chief Financial Officer to accept, appropriate and expend an

    amount not-to-exceed $1,134,939 in grant funding, for the purchase of PPE,

    athletic equipment programable PPE washing machine/extractors, contingent

    upon funding being secured;

    Authorizing the Chief Financial Officer to appropriate and expend an amount

    not-to-exceed $170,241 from the general fund for the purpose of funding grant

    match requirements of 15 percent, contingent upon grant funding being

    secured.

    Committee Actions Taken: N/A

    Fire-Rescue: Christopher Webber, (619) 573-4401

    City Attorney Contact: Laura DePoister

    Item 124: Adopting the 2021 Legislative Calendar and FY 2022 Budget Process and FY

    2021 Budget Monitoring Key Dates.

  • Tuesday, December 08, 2020

    Page 31

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-276)

    Resolution adopting the 2021 Legislative Calendar and the Fiscal 2022 Budget

    Development and Fiscal Year 2021 Budget Monitoring Key Dates.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken:

    This item was heard at the Budget and Government Efficiency Committee on

    September 16, 2020.

    ACTION: Motion by Councilmember Campbell, second by Councilmember

    Montgomery, to recommend Council approval of staff's proposed actions.

    VOTE: 4-0; Bry-yea, Cate-yea, Montgomery-yea, Campbell-yea.

    Council President's Office: Haley Lesser, (619) 533-3920

    City Attorney Contact: Prescilla Dugard

    Item 125: Declaring a Continued State of Local Emergency Regarding COVID-19

    Virus.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-267)

    Adopt Resolution extending the local state of emergency due to the COVID-19

    pandemic.

    Committee Actions Taken: N/A

    Office of the Mayor: Conrad Wear, (619) 533-3745

    City Attorney Contact: Prescilla Dugard

    Item 126: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid

    Waste, and Sediment Coming from Tijuana, Mexico.

  • Tuesday, December 08, 2020

    Page 32

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Proposed Actions:

    (R-2021-251)

    Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste,

    and Sediment Coming from Tijuana, Mexico.

    City Attorney Contact: David Krypel

    PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED IN CHAMBERS)

    Item 30: Stacey Fulhorst Day.

    COUNCIL PRESIDENT GÓMEZ'S AND COUNCILMEMBER CATE'S

    RECOMMENDATION:

    Proclaiming December 8, 2020, to be “Stacey Fulhorst Day” in the City of San

    Diego.

    Item 31: Civility Pledge Day.

    COUNCILMEMBER KERSEY'S RECOMMENDATION:

    Proclaiming December 9, 2020, to be “Civility Pledge Day” in the City of San

    Diego.

  • Tuesday, December 08, 2020

    Page 33

    SPECIAL ORDERS OF BUSINESS

    None.

    ITEMS PULLED FROM THE CONSENT AGENDA

    MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

    COMMENT

    UPDATES ON PENDING LEGISLATION (MAYOR'S OFFICE)

    REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS

  • Tuesday, December 08, 2020

    Page 34

    INFORMATIONAL ITEMS

    Item 330: Performance Audit of the City’s Transportation and Stormwater

    Department’s Street Sweeping Section.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    This item is informational only.

    This item is not subject to the Mayor's veto.

    Committee Actions Taken:

    This item was heard at the Audit Committee meeting on September 30, 2020.

    ACTION: Motion by Committee Member Halpern, second by Committee

    Member Tabshouri, to accept the report.

    VOTE: 4-0; Sherman-yea, Halpern-yea, Tabshouri-yea, Valdivia-yea, Moreno-

    not present.

    Office of the City Auditor: Chris Kime, (619) 533-3030

    Item 331: Informational Presentation of the FY 2020 Consolidated Annual

    Performance and Evaluation Report (CAPER) for HUD Entitlement

    programs.

    Total Estimated Cost of Proposed Action and Funding Source:

    There is no general fund impact with this informational item.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    This item is informational only.

    Committee Actions Taken: N/A

    Economic Development: Christina Bibler, (619) 236-6421

    Item 332: Informational Item – Report to Council on Disbursement and Use of “Pool”

    Allocation.

  • Tuesday, December 08, 2020

    Page 35

    Total Estimated Cost of Proposed Action and Funding Source:

    This item is for information only.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    This item is informational only.

    Committee Actions Taken: N/A

    Library: Raul Gudino, (619) 236-5889

    ADOPTION AGENDA, DISCUSSION ITEMS

    ADOPTION AGENDA

    Item 333: Citywide Interim Emergency Ordinance to Waive Fees for Permits That

    Would Allow Certain Displaced Brick-and-Mortar Businesses, Gyms, and

    Places of Worship, Temporary Use of Outdoor Parkland.

    Total Estimated Cost of Proposed Action and Funding Source: N/A

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (O-2021-76)

    Introduction and adoption of an Emergency Ordinance pursuant to San Diego

    Charter Section 295, enacting a temporary waiver of permit fees imposed by San

    Diego Municipal Code (Municipal Code) Chapter 6, Article 3, Division 00, Section

    03; Chapter 6, Article 3, Division 1, Section 0103(a); and Chapter 6, Article 3,

    Division 0, Section 20.20 for gyms, fitness facilities, places of worship, and other

    businesses whose operations are consistent with San Diego Charter Section 55

    purposes, and a temporary waiver of special event permit application fees and

    per business day late fees imposed in Municipal Code Chapter 2, Article 2,

    Division 40, Section 22.4009.

    6 votes required pursuant to San Diego Charter Section 295(e).

    This item is not subject to the Mayor's veto.

    Committee Actions Taken: N/A

    DISCUSSION, ORDINANCES TO BE INTRODUCED AND ADOPTED:

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    Parks & Recreation: Karen Dennison, (619) 235-1188

    City Attorney Contact: Jane M. Boardman

    ADOPTION AGENDA

    Item 334: Fiscal Year 2021 Capital Improvements Program (CIP) Mid-Year Budget

    Monitoring Report and CIP Budget Revisions.

    Total Estimated Cost of Proposed Action and Funding Source:

    See attachment 1.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-260)

    Resolution authorizing mid-year amendments to the Fiscal Year 2021 Capital

    Improvements Program Budget.

    Committee Actions Taken:

    This item was heard at the Active Transportation and Infrastructure Committee

    meeting on November 18, 2020.

    ACTION: Motion by Vice-Chairperson Ward, second by Councilmember Cate, to

    recommend Council approval of staff's proposed actions.

    VOTE: 4-0; Kersey-yea, Ward-yea, Cate-yea, Moreno-yea.

    Department of Finance: Caryn McGriff, (619) 236-6773

    City Attorney Contact: Bret A. Bartolotta

    Item 335: Revisions to Council Policy 700-10 Entitled, “Disposition of City-Owned

    Real Property”, and Repeal of Council Policy 700-12, “Disposition of City

    Property to Nonprofit Organizations.”

    Total Estimated Cost of Proposed Action and Funding Source:

    This action is a Council Policy; there are no expenditures associated with this

    action.

    Council District(s) Affected: Citywide.

    DISCUSSION, ORDINANCES TO BE ADOPTED:

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    Proposed Actions:

    (R-2020-209)

    Resolution amending Council Policy 700-10 and repealing Council Policy 700-12.

    Committee Actions Taken:

    This item was heard at the Land Use and Housing Committee meeting on

    October 15, 2020.

    ACTION: Motion by Chair Ward, second by Vice-Chairperson Kersey, to

    recommend Council approval of staff's proposed actions.

    VOTE: 4-0; Ward-yea, Kersey-yea, Campbell-yea, Sherman-yea.

    Real Estate Assets: Kristi Geitz, (619) 236-7031

    City Attorney Contact: Melissa D. Ables

    Item 336: Sidewalk Repair Permit Fee Waiver for the Remainder of Fiscal Year 2021.

    Total Estimated Cost of Proposed Action and Funding Source:

    The implementation of the waiver is a $200,000 expenditure from the Fiscal Year

    2021 General Fund Adopted Budget, Transportation Department. This action will

    reduce the CIP Program budget in the Sidewalk Replacement project by

    $200,000; and will increase the non-capital Infrastructure Fund budget for

    sidewalk infrastructure maintenance.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-122)

    Resolution waiving sidewalk repair permit fees for the remainder of Fiscal Year

    2021, authorizing the costs of the waived fees to be reimbursed by the General

    Fund, and declaring a public purpose for this fee waiver.

    Committee Actions Taken:

    This item was heard at the Budget and Government Efficiency Committee

    meeting on February 5, 2020.

    ACTION: Motion by Chair Bry, second by Councilmember Montgomery, to

    approve both sub-items and forward them on to Council on the condition that

    they be separated into two distinct items for the Council’s consideration;

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    meaning each shall have its own staff report, resolution and presentation to the

    full Council.

    VOTE: 4-0; Bry-yea, Cate-yea, Montgomery-yea, Campbell-yea.

    Development Services: Tony Khalil, (619) 236-5526

    City Attorney Contact: Noah Brazier

    Item 337: Declare Various City-Owned Properties “Surplus Land” or “Exempt Surplus

    Land” in Accordance with Amended California Government Code Section

    54221 et seq.

    Total Estimated Cost of Proposed Action and Funding Source:

    This action is limited to declaring property Surplus Land or Exempt Surplus Land.

    No financial considerations are associated with this specific action.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    Subitem-A: (R-2020-432)

    Resolution of the Council of the City of San Diego determining that declaring

    certain City-owned real property surplus or exempt surplus land pursuant to

    California Government Code Sections 54220-54234 is exempt from the

    California Environmental Quality Act Pursuant to CEQA Guidelines Sections

    15312 and 15061(b)(3).

    Subitem-B: (R-2020-431)

    Resolution of the Council of the City of San Diego declaring certain City-owned

    real property surplus or exempt surplus land pursuant to California Government

    Code Sections 54220-54234.

    Committee Actions Taken:

    This item was heard at the Land Use and Housing Committee meeting on

    October 15, 2020.

    ACTION: Motion by Vice-Chairperson Kersey, second by Councilmember

    Campbell, to recommend Council approval of staff's proposed actions.

    VOTE: 4-0; Ward-yea, Kersey-yea, Campbell-yea, Sherman-yea.

    Real Estate Assets: Mary Carlson, (619) 236-6079

    City Attorney Contact: Delmar Williams

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    Item 338: Multifamily Mortgage Revenue Bond Program Policy Amendments.

    Total Estimated Cost of Proposed Action and Funding Source:

    Approving this action will not change the Housing Authority - approved Fiscal

    Year 2021 budget.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    (R-2021-275)

    Resolution authorizing the San Diego Housing Commission’s President and

    Chief Executive Officer, or designee, to hold public hearings on behalf of the City

    of San Diego under Section 147(f) of the Internal Revenue Code of 1986.

    Committee Actions Taken: N/A

    Housing Commission: Emily Jacobs, (619) 578-7429

    City Attorney Contact: Marguerite Middaugh

    See the Housing Authority Agenda of December 8, 2020, for a companion item.

    Item 339: Authorization to Execute an Amended Memorandum of Understanding

    between the San Diego Housing Commission (Housing Commission) and

    the City of San Diego (City) to Continue the Oversight and Administration

    of the City’s COVID-19 Emergency Rental Assistance Program;

    Authorization for the Housing Commission to Expend Additional Federal

    CARES Act Community Development Block Grant Funds and CARES Act

    Housing Choice Voucher Administration Funds to Support the Continuing

    Operations of the Program; and Authorization for the Housing Commission

    to Enter into Contract Extensions to Support Continuing Operations of the

    Program.

    Total Estimated Cost of Proposed Action and Funding Source:

    The funding proposed by this action was not included in the Housing

    Commission’s Housing Authority-approved Fiscal Year 2021 Budget. Approving

    this action will authorize the Housing Commission to expend up to $5,000,000

    of federal CARES Act CDBG funds from the City of San Diego to provide

    continuing oversight and administration of the City of San Diego’s COVID-19

    Emergency Rental Assistance Program and up to $500,000 of federal CARES Act

    Housing Choice Voucher (HCV) Administration funds, awarded directly to the

    Housing Commission, to administer the program.

    Council District(s) Affected: Citywide.

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    Proposed Actions:

    (R-2021-274)

    Resolution of the Council of the City of San Diego approving a First Amendment

    to the Memorandum of Understanding between the City of San Diego and the

    San Diego Housing Commission for administration of the COVID-19 Emergency

    Rental Assistance Program.

    Committee Actions Taken: N/A

    Housing Commission: Azucena Valladolid, (619) 578-7604

    City Attorney Contact: Marguerite Middaugh

    See the Housing Authority Agenda of December 8, 2020, for a companion item.

    ADOPTION AGENDA

    Item 340: Tax Equity & Fiscal Responsibility Act Public Hearing – The Post 310

    Apartments.

    Total Estimated Cost of Proposed Action and Funding Source:

    There are no City expenditures associated with this action.

    Council District(s) Affected: 4.

    Proposed Actions:

    (R-2021-268)

    Resolution approving the issuance of bonds or notes by the Housing Authority

    for The Post 310 Apartments pursuant to Section 147(f) of the Internal Revenue

    Code of 1986.

    Committee Actions Taken: N/A

    Housing Commission: Colin Miller, (619) 578-7429

    City Attorney Contact: Marguerite Middaugh

    See the Housing Authority Agenda of December 8, 2020, for a companion item.

    This is a TEFRA hearing item.

    DISCUSSION, NOTICED HEARINGS:

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    Item 341: Tax Equity & Fiscal Responsibility Act Public Hearing – The Junipers.

    Total Estimated Cost of Proposed Action and Funding Source:

    There are no City expenditures associated with this action.

    Council District(s) Affected: 5.

    Proposed Actions:

    (R-2021-269)

    Resolution approving the issuance of bonds or notes by the Housing Authority

    for The Junipers Apartments pursuant to Section 147(f) of the Internal Revenue

    Code of 1986.

    Committee Actions Taken: N/A

    Housing Commission: Colin Miller, (619) 578-7426

    City Attorney Contact: Marguerite Middaugh

    See the Housing Authority Agenda of December 8, 2020, for a companion item.

    This is a TEFRA hearing item.

    Item 342: 12th Update - Phase 2 relating to California Coastal Commission’s

    Modification to the Land Development Code and Local Coastal Program.

    Total Estimated Cost of Proposed Action and Funding Source:

    Costs associated with implementation of this ordinance would be covered by

    project applicants.

    Council District(s) Affected: Citywide.

    Proposed Actions:

    A request to amend sections of the Land Development Code previously adopted

    by the 12th Update (Phase Two) (Ordinance Nos. O-21162 and O-21164) with

    respect to reinstating a footnote to the Use Regulations Table for Industrial

    Zones that was deleted in error during the adoption of the 12th Update (Phase

    Two), clarifying the applicability of the Environmentally Sensitive Lands

    regulations inside the Coastal Overlay Zone, and clarifying the applicable

    definitions in the Flood Hazard Area regulations, all pursuant to modifications

    required by the California Coastal Commission to certify the 12th Update (Phase

    Two). City acceptance of the California Coastal Commission’s modifications is

    necessary for the 12th Update (Phase Two) ordinance to become effective in the

    Coastal Overlay Zone.

    (O-2021-74)

  • Tuesday, December 08, 2020

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    Introduction of an Ordinance amending Chapter 13, Article 1, Division 6 of the

    San Diego Municipal Code by amending Section 131.0622, amending Chapter

    14, Article 3, Division 1 by amending Sections 143.0110 and 143.0145 relating to

    accepting the California Coastal Commission’s suggested modifications required

    for certification of the Use Regulations Table for Industrial Zones, application of

    Environmentally Sensitive Lands regulations, and development regulations for

    Special Flood Hazard Areas as part of the 12th Update (Phase Two) of the Land

    Development Code.

    Committee Actions Taken: N/A

    Planning: Renee Mezo, (619) 236-6633

    City Attorney Contact: Lindsey Sebastian

    Item 343: Pacific Highlands Ranch (PHR) Unit 22B Amendment - Project No. 655758.

    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: 1.

    Proposed Actions:

    Approval of all actions necessary for an amendment to the previously approved

    single-family dwelling subdivision to increase the number of lots from 76 to 81

    and allocating the additional affordable housing unit off-site to the Del Mar

    Highlands Estates (Parcel B of Parcel Map 19205) on a 19.67-acre site within the

    Pacific Highlands Ranch (Subarea III) Subarea Plan area.

    Subitem-A: (R-2021-272)

    Resolution adopting findings to Master Environmental Impact Report No. 96-

    7918 and Mitigation Monitoring and Reporting Program;

    Directing the City Clerk to file a Notice of Determination with the Clerk of the

    Board of Supervisors for the County of San Diego regarding the Project.

    Subitem A is not subject to the Mayor’s veto.

    Subitem-B: (R-2021-273)

    Resolution approving Planned Development Permit No. 2383727 and Site

    Development Permit No. 2383728.

  • Tuesday, December 08, 2020

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    Subitem B is not subject to the Mayor’s veto.

    Subitem-C: (R-2021-271)

    Resolution approving Vesting Tentative Map No. 2383726 and Easement

    Vacation No. 2386907.

    Subitem C is not subject to the Mayor’s veto.

    Committee Actions Taken: N/A

    Development Services: Jeffrey A. Peterson, (619) 446-5237

    City Attorney Contact: Shannon C. Eckmeyer

    PUBLIC NOTICES

    Items are listed under Public Notices as a matter of public record only. These items do not

    require Council action and there is no public testimony.

    Item 350: Notice of Final Map Approval - The Village at PHR Commercial Phase II.

    Notice is hereby given that the City Land Surveyor has reviewed and will approve on the date of

    this City Council meeting that certain Final Map entitled “The Village at PHR Commercial Phase

    II" (Resolution No. R-311572, Public Right-of-Way Vacation No. 1830259, Easement Vacation No.

    1830257 and Tentative Map No. 1830253/PTS No. 519369) located at the southeast corner of

    Carmel Valley Road and Pacific Highlands Ranch Parkway, north of Village Way in the CC-1-3

    Zone and Urban Village Overlay Zone of the Pacific Highlands Ranch Subarea Plan. The property

    is legally described as Lots 11, 12, 13, and 15 of Pacific Highlands Ranch Unit No. 2 and 3 of Final

    Map No. 15966, filed February 21, 2014, together with Parcel1 and 3 of Parcel Map No. 21390

    filed September 16, 2016 as Instrument No. 2016-07000396 of Official Records, a copy of which

    is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Land

    Surveyor has caused the map to be examined and has made the following findings:

    (1) The map substantially conforms to the approved tentative map, and any approved

    alterations thereof and any conditions of approval imposed with said tentative map.

    (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances

    applicable at the time of approval of the tentative map.

    (3) The map is technically correct.

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    Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have

    10 calendar days from the date of this Council hearing to appeal the above findings of the City

    Land Surveyor to the City Council. A valid appeal must be filed with the City Clerk no later than

    2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the

    above findings made by the City Land Surveyor was improper or incorrect and the basis for that

    conclusion. If you have questions about the map approval findings or need additional

    information about the map or your appeal rights, please feel free to contact Fred LePage (619)

    446-5434.

    Item 351: Notice of Final Map Approval - Sunrise Hills Estates.

    Notice is hereby given that the City Engineer has reviewed and will approve on the date of this

    City Council meeting that certain Final Map entitled “ Sunrise Hills Estates " (Resolution No. R-

    4719-PC and Tentative Map No. 338152/PTS No. 102436) located at 6778 Rancho Toyon Place in

    the AR-1-2 Zone and Airport Influence Area (MCAS Miramar – Review Area 2), within the Del

    Mar Mesa Community Planning area. The property is legally described as the West Half of the

    Northeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 22, Township

    14 South, Range 3 West, San Bernardino Meridian, in the City of San Diego, County of San

    Diego, State of California, according to the official plat thereof, a copy of which is available for

    public viewing at the office of the San Diego City Clerk. Specifically, the City Land Surveyor has

    caused the map to be examined and has made the following findings:

    (1) The map substantially conforms to the approved tentative map, and any approved

    alterations thereof and any conditions of approval imposed with said tentative map.

    (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances

    applicable at the time of approval of the tentative map.

    (3) The map is technically correct.

    Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have

    10 calendar days from the date of this Council hearing to appeal the above findings of the City

    Land Surveyor to the City Council. A valid appeal must be filed with the City Clerk no later than

    2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the

    above findings made by the City Engineer was improper or incorrect and the basis for that

    conclusion. If you have questions about the map approval findings or need additional

    information about the map or your appeal rights, please feel free to contact Fred LePage (619)

    446-5434.

  • Tuesday, December 08, 2020

    Page 45

    NON-AGENDA ITEMS

    REPORT OUT FROM CLOSED SESSION

    ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES

    ADJOURNMENT