San Diego — 2023-01-24

Item 100: Termination of the State of Local Emergency Regarding COVID-19 Virus.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-355 Cor. Copy) (Rev. 1/20/23)\nResolution declaring a continued state of local emergency regarding the COVID-19\npandemic and terminating the local emergency on February 28, 2023, pursuant to\nCalifornia Government Code section 8630.\nCommittee Actions Taken: N/A\nOffice of the Mayor: Matt Yagyagan, (619) 236-6330\nCity Attorney Contact: Michelle Garland

Item 101: Settlement of Kyle Long v. City of San Diego, San Diego Superior Court Case No.\n37-2020-00046052-CU-PO-CTL, Risk Claim No. 25047.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $250,000 will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-268 Cor. Copy) (Rev. 1/20/23)\nResolution authorizing the settlement of Kyle Long v. City of San Diego, San Diego\nSuperior Court Case No. 37-2020-00046052-CU-PO-CTL, related to a claim for personal\ninjuries sustained from an alleged dangerous condition in the roadway on Charles Street\nin the City of San Diego on January 5, 2020. Risk Claim No. 25047.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Robert J. Rice, (619) 533-5629

Item 102: Settlement of Michael Haytasingh, et al. v. City of San Diego, et al., San Diego\nSuperior Court Case No. 37-2014-00082437-CU-PO-CTL, Claim No. 8717.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $75,000.00 will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-347)\nResolution authorizing the settlement of Michael Haytasingh, et al. v. City of San Diego,\net al., San Diego Superior Court Case No. 37-2014-00082437-CU-PO-CTL, related to a\nclaim for personal injuries sustained in a surfing accident on January 3, 2014. Risk Claim\nNo. 8717.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Catherine A. Richardson, (619) 533-4713

Item 103: Appointment to the Citizens Advisory Board on Police/Community Relations.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: Citywide\nProposed Actions:\n(R-2023-351 Cor. Copy) (Rev. 1/20/23)\nResolution confirming the Mayor's appointment of Jared Wilson to the Citizens Advisory\nBoard on Police/Community Relations for a term ending January 1, 2024.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 104: Appointment to the San Diego Regional Airport Authority Board of Directors.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(R-2023-323 Cor. Copy) (Rev. 1/20/23)\nResolution confirming the Mayor's appointment of Lidia S. Martinez to the San Diego\nRegional Airport Authority Board of Directors for a term ending January 31, 2026.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 105: Reappointment to the Community Forestry Advisory Board.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 1.\nProposed Actions:\n(R-2023-349 Cor. Copy) (Rev. 1/20/23)\nResolution confirming the Mayor's reappointment of James Smith to the Community\nForest Advisory Board for a term ending December 31, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 106: Appointment to the San Dieguito River Valley Regional Open Space JPA.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: 1, 6.\nProposed Actions:\n(R-2023-361)\nResolution confirming the appointment to the San Dieguito River Valley Regional Open\nSpace Joint Powers Authority Board for calendar year 2023.\nCommittee Actions Taken: N/A\nOffice of the Mayor: Matt Yagyagan, (619) 236-6330\nCity Attorney Contact: Heather Ferbert\nNON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET ANALYST, CITY\nCLERK, CITY ATTORNEY\nPROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING)

Item 30: San Diego Tê’t Festival Day.\nCOUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LEE'S\nRECOMMENDATION:\nProclaiming January 28, 2023, to be, “Tê’t Festival Day” in the City of San Diego.

Item 331: Resolution to Declare Support for Housing as a Human Right in the City of San\nDiego.\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-202)\nResolution of the Council declaring housing as a human right.\nCommittee Actions Taken: N/A\nCouncil District 9: Maya Rosas, (619) 236-6699\nCity Attorney Contact: Heather Ferbert\nNON-AGENDA ITEMS

Item 32: Human Trafficking Awareness Month.\nCOUNCILMEMBER CAMPILLO'S RECOMMENDATION:\nProclaiming January 2023, to be, “Human Trafficking Awareness Month” in the City of\nSan Diego.

Item 50: Exemption of one (1) Program Coordinator Position in the Human Resources\nDepartment from Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis position is budgeted in the FY 2023 Adopted Budget.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2023-100 Cor. Copy) (Rev. 1/20/23)\nIntroduction of an Ordinance authorizing the exemption of one Program Coordinator\nposition in the City's Human Resources Department from the Classified Service, based on\nadvisory review and favorable comment by the Civil Service Commission on September\n1, 2022. This position will be responsible for overseeing the Citywide Digital Learning\nProgram. This Action is brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nHuman Resources: Jeremy Culuko, (619) 395-6285\nCity Attorney Contact: Miguel Merrell

Item 51: Drinking Water State Revolving Fund Loan for Lakeside Valve Station\nReplacement.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSee Staff Report for fiscal considerations.\nCouncil District(s) Affected: Outside of City limits.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 1/9/2023, Item 202 (Council\nvoted 8-0, Councilmember Campbell-not present):\n(O-2023-97 Cor. Copy) (Rev. 1/20/23)\nOrdinance authorizing financing from the State Water Resources Control Board in a\nprincipal amount that is currently expected not-to-exceed $55 million through the\nDrinking Water State Revolving Fund and related actions in connection with the Lakeside\nValve Station Replacement.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee meeting on\nDecember 7, 2022.\nACTION: Motion by Chair Cate, second by Vice Chair Elo-Rivera, to recommend\nCouncil approval of staff's proposed actions.\nVOTE: 3-0; Cate-yea, Elo-Rivera-yea, Moreno-yea, Montgomery Steppe-not present.\nDebt Management: Allison Falkenstein, (619) 533-4516\nCity Attorney Contact: Bret A. Bartolotta

Item 52: Paseo Montril - Project No. 658273.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNo City expenditures are being approved with this action. All costs associated with\nprocessing of this project are paid through a deposit account by the applicant.\nCouncil District(s) Affected: 5.\nProposed Actions:\nApproval of all actions necessary for the Paseo Montril Project for the re-designation of a\n4.90-acre portion (Lot 1) of the overall 15.20-acre site from Open Space to Residential\n(Medium-Low Density) for a multi-family residential development consisting of 55\ncondominium dwelling units, including the allocation of six affordable dwelling units\n(two on-site and four off-site);\nConservation of 10.30-acres (Lot 2) as Open Space; a public utility easement vacation;\nassociated public and private improvements; and Design Guidelines for the proposed\nresidential development, within the Rancho Peñasquitos Community Plan area. The\nproject requests deviations from base zone regulations for setbacks, maximum structure\nheight, retaining wall height and steel hillside guideline regulations. Rezone from RM-2-5\nand RS-1-14 to RM-1-1 and OC-1-1 zones to allow residential development on Lot 1 and\nthe conservation of open space on Lot 2. The 15.20-acre site is located at east end of\nPaseo Montril, west of interstate 15, and east of Rancho Peñasquitos Boulevard in the\nRM-2-5 and RS-1-14 zones.\nAdopt the following Ordinance which was introduced on 1/9/2023, Item 203, Subitem-C\n(Council voted 8-0, Councilmember Campbell-not present):\n(O-2023-98)\nOrdinance changing 15.20-acres located at the Eastern Terminus of Paseo Montril, West\nof Interstate 15, east of Rancho Peñasquitos Boulevard, with the Rancho Peñasquitos\nCommunity Plan area from RM-2-5 (residential-multiple unit) zone to the OC-1-1 (open\nspace – conservation) zone; and from the RM-2-5 (residential-multiple unit) and RS-1-14\n(residential-single unit) zones to the RM-1-1 (residential-multiple unit) zone.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDevelopment Services: Martin R. Mendez, (619) 446-5309\nCity Attorney Contact: Corrine Neuffer

Item 53: First Amendment to the Agreement with DNV GL Noble Denton USA, LLC for\nWater Modeling Software Licensing and Software Support Services.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total amount not-to-exceed for this action is $743,385.82, for the duration of two\nyears. Funds are, or will be, available in the Water Utility Operating Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 1/10/2023, item 50 (Council\nvoted 8-0, Councilmember Campbell-not present):\n(O-2023-72 Cor. Copy) (Rev. 1/20/23)\nOrdinance authorizing the Mayor, or his designee, to execute a First Amendment to the\nContract with DNV GL Noble Denton USA, LLC for water modeling and professional\nconsulting services in an amount not-to-exceed $2,493,385.82, and extending the term\nthrough August 2, 2024.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting of October 27, 2022.\nACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campillo,\nto recommend Council approval of staff's proposed actions.\nVOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.\nPublic Utilities: Keli Balo, (858) 292-6423\nCity Attorney Contact: Ray Palmucci

Item 54: Exemption of Program Manager Position in SDCERS from the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe funding for this position is included within the SDCERS budget.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 1/10/2023, item 51 (Council\nvote 8-0, Councilmember Campbell-not present):\n(O-2023-99 Cor. Copy) (Rev. 1/20/23)\nOrdinance authorizing the exemption of one Program Manager position in the San Diego\nCity Employees' Retirement System from the Classified Service, based on advisory\nreview and favorable comment by the Civil Service Commission on December 8, 2022.\nThis position will oversee the department's information technology programs. This action\nis brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nSDCERS: Colin Brazile, (619) 525-3630\nCity Attorney Contact: Miguel Merrell\nADOPTION AGENDA\nCONSENT, RESOLUTIONS TO BE ADOPTED: