San Diego — 2023-12-12

Item 100: Authorize the Creation of the Citywide Homeless Shelters Project (CIP L-24002) to\nthe Capital Improvements Program and the Transfer of $1,050,000 from the\nInfrastructure Fund to CIP L-24002.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAn estimated $8.2 million would be required for the site improvements and emergency\nshelter set-up under phase one. This action allocates $1.05 million to the initial phase of\nthe project, L-24002.1, from fiscal year 2024 funds, including $1,050,000 from Fund\n100012, Infrastructure Fund. Further funding will need to be identified and requested at a\nlater date.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-237)\nResolution approving the addition of the Citywide Homeless Shelters Project (CIP L-\n24002) to the Capital Improvements Program and the transfer of $1,050,000 from the\nInfrastructure Fund to the Citywide Homeless Shelters Project (CIP L-24002).\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on November 16,\n2023.\nACTION: Motion by Committee Member Whitburn, second by Vice Chair LaCava, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-not present.\nHomelessness Strategies: Sarah Jarman, (619) 385-6963\nCity Attorney Contact: Jose A Garcia

Item 101: Approval of Fiscal Year 2024 City Council Allocations of Arts, Culture and\nCommunity Festivals (ACCF) Funding Awards, Pursuant to Council Policy 100-23,\nto Nonprofit Organizations with Existing Contracts with the City of San Diego’s\nCommission for Arts And Culture.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAn aggregate amount not-to-exceed $236,150, in previously budgeted Arts, Culture, and\nCommunity Festival (ACCF) funds, pursuant to various recommended allocations by\nCouncil Districts 1, 2, 3, 4, 5, 6, 7, and 9.\nCouncil District(s) Affected: 1, 2, 3, 4, 5, 6, 7, 9.\nProposed Actions:\n(R-2024-238)\nResolution approving Fiscal Year 2024 City Council allocations of Arts, Culture and\nCommunity Festivals (ACCF) funding awards, pursuant to Council Policy 100-23, to\nnonprofit organizations with existing contracts with the City of San Diego's Commission\nfor Arts and Culture.\nCommittee Actions Taken: N/A\nCouncil Administration: Abigail Edwards, (619) 236-5918\nCity Attorney Contact: Justin Bargar

Item 102: Approval of a Request for a Conflict-of-Interest Waiver from Lieb & Lieb.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-191)\nResolution granting the waiver of potential conflicts of interest requested by Lieb & Lieb\nand consenting to Lieb & Lieb’s joint representation of Orion Construction and the City\nof San Diego in SDG&E v. Orion Construction, et al., San Diego Superior Court Case No.\n37-2022-00035613-CU-PO-CTL.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jon Taylor, (619) 235-5898

Item 103: Resolution Approving a Side Letter Agreement to Amend Article 22 of the\nMemorandum of Understanding Between the City of San Diego and the San Diego\nCity Firefighters, I.A.F.F. Local 145 Related to the Flexible Benefits Plan.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe anticipated financial impact in calendar year 2024 of the flexible benefit increases\ndiscussed above is approximately $321,136 to the General Fund and $2,739 to the EMS\nFund. The department will absorb the cost through its operating budget.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-231)\nResolution approving a Side Letter Agreement between the City of San Diego and the San\nDiego City Firefighters, I.A.F.F., Local 145, to amend Article 22 of the Memorandum of\nUnderstanding related to the Flexible Benefits Plan.\n6 votes required pursuant to Charter Section 11.2.\nCommittee Actions Taken: N/A\nHuman Resources: Manuel Quintero, (619) 379-5583\nCity Attorney Contact: Miguel Merrell

Item 104: Settlement of Arthur Price, et al. v. City of San Diego, San Diego Superior Court No.\n37-2020-00019535-CU-MC-CTL, Claim No. 25201.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $100,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-220)\nResolution authorizing the settlement of Arthur Price, et al. v. City of San Diego, San\nDiego Superior Court No. 37-2020-00019535-CU-MC-CTL, related to a claim of alleged\ndiscrimination in accessing homeless programs and activities during COVID-19. Claim\nNo. 25201.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Elizabeth L. Atkins, (619) 236-6508

Item 105: Appointments and Reappointments to the International Affairs Board and Member\nSeat Redesignation.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 1, 2, 3, 5, 6, 7, 9.\nProposed Actions:\n(R-2024-232)\nResolution confirming the Mayor's appointments and reappointments to the International\nAffairs Board and redesignation of certain member seats.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 106: Resolution Excusing Councilmember Vivian Moreno from the City Council Meetings\nHeld on October 9, 2023, October 10, 2023, October 16, 2023 and October 17, 2023.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: 8.\nProposed Actions:\n(R-2024-226)\nResolution excusing the absence of Councilmember Vivian Moreno from City Council\nmeetings.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 8: Kevin Smith, (619) 236-6688\nCity Attorney Contact: Jose A. Garcia

Item 30: Peter Seidler Day.

Item 31: Kathryn Burton Day.

Item 32: San Carlos Library 50th Anniversary Day.

Item 33: Judge Michael T. Smyth Day.

Item 330: Authorization to Apply for the Local Assistance Specified Grant Program,\nAdministered by the California Department of Parks and Recreation.\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\n$150,000 in State grant funds will be added to Ruffin Canyon Trail fund.\nCouncil District(s) Affected: 3, 5, 7, 9.\nProposed Actions:\nSubitem-A: (R-2024-171)\nResolution authorizing the Mayor, or designee, to make an application to the California\nDepartment of Parks and Recreation Office of Grants and Local Services –Specified\nGrant Program and take all necessary actions to secure funding in an amount not-to-\nexceed $150,000 in Fund 600001 Grant Fund – State for construction and improvements\nto the Ruffin Canyon Trail (Project); and\nAuthorizing the Chief Financial Officer to accept, appropriate, and expend an amount not\nto exceed $150,000 in Grant Program funding for the Project, contingent upon receipt of a\nfully executed Grant Agreement if the Grant funding is secured; and for all related\nactions.\nSubitem-B: (R-2024-61)\nResolution authorizing the Mayor, or designee, to approve amending Resolution No. R-\n314776 to include a statement that the Council certifies it has or will have available, prior\nto commencement of project work utilizing specified grant funds, sufficient funds,\nincluding those provided by the grant, to complete the projects; and for all related actions.\nCommittee Actions Taken: N/A\nParks & Recreation: Andy Field, (619) 235-1110\nCity Attorney Contact: Jane M. Boardman

Item 331: Approval to Accept, Appropriate, and Expend Round 3 State of California\nEncampment Resolution Funding Grant.\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAuthorize the Mayor, or designee, to accept, appropriate, and expend ERF-3-L funds in an\namount not to exceed $3,156,000.\nCouncil District(s) Affected: 9.\nProposed Actions:\n(R-2023-224)\nResolution authorizing the acceptance, appropriation, and expenditure of Round 3 funding\nfrom the State of California Encampment Resolution Funding Grant Program and related\nactions.\nCommittee Actions Taken: N/A\nHomelessness Strategies: Sarah Jarman, (619) 385-6963\nCity Attorney Contact: Heather Ferbert

Item 332: Fiscal Year 2024 First Quarter Budget Monitoring Report.\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:\nThere are no fiscal considerations. This is an informational report only.\nCouncil District(s) Affected: Citywide.\nProposed Actions: This item is informational only.\nCommittee Actions Taken: N/A\nDepartment of Finance: Ambar Gutierrez, (619) 533-6297

Item 333: Fiscal Year 2025-2029 Five-Year Financial Outlook.\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:\nThis item is for information only.\nCouncil District(s) Affected: Citywide.\nProposed Actions: This item is informational only.\nCommittee Actions Taken: N/A\nDepartment of Finance: Trisha Tacke, (619) 236-6371:

Item 334: Public Utilities Fiscal Year 2025-2029 Five-Year Financial Outlook.\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: This item is informational only.\nCommittee Actions Taken: N/A\nPublic Utilities: Adam Jones, (858) 614-4030

Item 335: Housing Action Package 2.0 - Proposed Amendments to the Land Development\nCode, Local Coastal Program, and Resolution R-313282 (Neighborhood\nEnhancement Fund).\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:\nCosts associated with implementation of this ordinance would be covered by project\napplicants.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nThis action proposes the adoption of the Housing Action Package 2.0 (HAP 2.0). HAP 2.0\namends the San Diego Municipal Code by implementing recently adopted state law,\nrevising accessory dwelling unit regulations, and amending existing affordable housing\nprograms, including, but not limited to, Complete Communities Housing Solutions, to\nencourage new homes on public and private land and for a variety of housing product\ntypes, including families, students, and individuals. HAP 2.0 also phases out previously\nconforming incompatible uses located near residential uses within the San Diego Promise\nZone. Ordinance amending the Land Development Code and Local Coastal Program,\nResolution amending the Neighborhood Enhancement In Lieu Fee, and Resolution\ndetermining the approval of amendments revising the City’s Accessory Dwelling Unit\nHome Density Program is exempt from the California Environmental Quality Act\npursuant to Section 15282(h).\nSubitem-A: (O-2024-41 Cor. Copy 3) (Rev. 12/8/23)\nIntroduction of an Ordinance amending Chapter 11, Article 3, Division 1 of the San Diego\nMunicipal Code by amending Section 113.0103; amending Chapter 12, Article 7, Division\n1 by amending Section 127.0108 and adding Section 127.0112; amending Chapter 13,\nArticle 1, Division 4 by amending Sections 131.0420, 131.0422, and 131.0449; amending\nChapter 13, Article 1, Division 5 by amending Section 131.0522; amending Chapter 13,\nArticle 1, Division 7 by amending Section 131.0707; amending Chapter 14, Article 1,\nDivision 3 by retitling and amending Sections 141.0302 and 141.0305 and adding Section\n141.0319; amending Chapter 14, Article 2, Division 5 by amending Sections 142.0501,\n142.0505, 142.0520, and 142.0525, retitling and amending Section 142.0528, amending\nSection 142.0530, and retitling and amending Section 142.0531; amending Chapter 14,\nArticle 2, Division 6 by amending Section 142.0640; amending Chapter 14, Article 2,\nDivision 13 by amending Section 142.1304; amending Chapter 14, Article 3, Division 7\nby amending Sections 143.0720, 143.0740, 143.0745, and 143.0746, and adding Section\n143.0747; amending Chapter 14, Article 3, Division 8 by amending Sections 143.0810,\n143.0815, 143.0820, 143.0830, 143.0840, 143.0850, and 143.0860; amending Chapter 14,\nArticle 3, Division 10 by amending Sections 143.1005, 143.1010, 143.1015, and\n143.1025; amending Chapter 14, Article 3, Division 12 by amending Sections 143.1201\nand 143.1203, repealing Section 143.1205, and amending Sections 143.1207 and\n143.1212; amending Chapter 14, Article 4, Division 5 by amending Section 144.0505, all\nrelating to the Homes for All of Us: Housing Action Package 2.0 Land Development Code\nAmendment.\nSubitem-B: (R-2024-219)\nResolution determining the approval of amendments revising the City’s Accessory\nDwelling Unit Home Density Bonus program is exempt from the California\nEnvironmental Quality Act pursuant to Section 15282(h) of the CEQA Guidelines.\nSubitem-C: (R-2024-172)\nResolution amending the Neighborhood Enhancement In Lieu Fee.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on September 21,\n2023.\nACTION: Motion by Committee Member Whitburn, second by Committee Member Lee.\nto recommend Council approval of staff's proposed actions with the following\namendments:\n1. The development impact fees for dwelling units that do not exceed 500 square feet in\nthe proposed SDMC Sec. 143.I0I0(f) will take effect on January 1, 2025. However, the\nfee rates for units containing at least three bedrooms will take effect at the otherwise\napplicable earlier effective date.\n2. City staff conduct a study to determine the environmental and economic effect of the\nfollowing:\nA comparison of the effect of proposed distance requirements for previously conforming\nand incompatible uses in revisions to Municipal Code Section §127.0112(a) to the\ndistance requirements of 300 ft., 500 ft. and 1000 ft., as proposed by Environmental\nHealth Coalition.\nA comparison of the effect of the proposed list of previously conforming and\nincompatible uses near sensitive receptors in revisions to Municipal Code Section\n§127.0112(a) to additional uses as listed, as proposed by Environmental Health Coalition:\nWarehouses; Distribution facilities; Heavy/light Manufacturing; Welding;\nCommercial/Personal Vehicle Repair and Maintenance; Recycling facilities (medium to\nsmall); Agricultural processing; Building supplies and equipment.\n3. A comparison of the proposed sensitive receptors to an expanded list that includes\nschools, daycares, parks and medical facilities, as proposed by Environmental Health\nCoalition.\nVOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.\nPlanning: Jeffrey Ryan, (619) 533-3945\nCity Attorney Contact: Lauren Hendrickson

Item 34: Gene Elmore Day.

Item 35: Rosa Melendrez Day.

Item 60: Approval of the Joint Use Agreements Between the City and San Diego Unified\nSchool District for Audubon K-8, Dana Middle, Garfield Elementary, Language\nAcademy, Marston Middle, and Standley Middle Schools.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe City’s annual maintenance of these joint use facilities per the terms of the agreements\nis included in the current Parks and Recreation Annual Department Budget.\nThe City's one-time expense for the Language Academy synthetic turf replacement project\nis included in the Parks and Recreation FY 24 Annual Department Budget.\nCouncil District(s) Affected: 2, 3, 4, 6, 9.\nProposed Actions:\nSubitem-A: (O-2024-45 Cor.Copy) (Rev.12/6/23)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to enter into\nAgreements with the San Diego Unified School District to provide operation,\nmaintenance, and use of joint use facilities at 6 schools in San Diego (Audubon K - 8,\nDana Middle School, Garfield Elementary School, Marston Middle School, Standley\nMiddle School, and the Language Academy).\nSubitem-A: 6 votes required pursuant to Charter Section 99.\nSubitem-B: (R-2024-217 Cor.Copy) (Rev.12/6/23)\nResolution determining that the joint use agreements at Audubon K - 8, Dana Middle\nSchool, Garfield Elementary School, Marston Middle School, Standley Middle School,\nand the Language Academy, are exempt from the California Environmental Quality Act\nPursuant to Sections 15301 and 15323 of the CEQA Guidelines.\nCommittee Actions Taken:\nThis item was heard at the Community and Neighborhood Services Committee meeting\non November 2, 2023.\nACTION: Motion by Committee Member Whitburn, second by Vice Chair Elo-Rivera,\nto recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Campbell-yea, Elo-Rivera-yea, Whitburn-yea, Campillo-not present.\nParks & Recreation: Shannon Scoggins, (619) 236-6894\nCity Attorney Contact: Catherine Morrison

Item S500: Jessica Anderson Day. (Added 12/6/23)

Item S501: Resolutions Approving the Side Letter Agreements Between the City of San Diego\nand the San Diego Police Officers Association; San Diego City Firefighters, I.A.F.F.\nLocal 145; California Teamsters Local 911; San Diego Municipal Employees\nAssociations; and the American Federation of State, County and Municipal\nEmployees, Local 127; to Amend the Memoranda of Understanding Related to Paid\nSick Leave for Hourly Employees. (Added 12/7/23)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no known fiscal impacts at this time.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2024-253)\nResolution approving a Side Letter Agreement between the City of San Diego and the San\nDiego Police Officers Association, to amend Article 77 of the Memorandum of\nUnderstanding related to paid sick leave for hourly employees.\nSubitem-A: 6 votes required pursuant to Charter Section 11.2.\nSubitem-B: (R-2024-254)\nResolution approving a Side Letter Agreement between the City of San Diego and the San\nDiego City Firefighters, International Association of Firefighters, Local 145, to amend\nArticle 28 of the Memorandum of Understanding related to paid sick leave for hourly\nemployees.\nSubitem-B: 6 votes required pursuant to Charter Section 11.2.\nSubitem-C: (R-2024-255)\nResolution approving a Side Letter Agreement between the City of San Diego and the\nCalifornia Teamsters Local 911, to amend Article 80 of the Memorandum of\nUnderstanding related to paid sick leave for hourly employees.\nSubitem-C: 6 votes required pursuant to Charter Section 11.2.\nSubitem-D: (R-2024-256)\nResolution approving a Side Letter Agreement between the City of San Diego and the San\nDiego Municipal Employees Association, to amend Article 86 of the Memorandum of\nUnderstanding related to paid sick leave for hourly employees.\nSubitem-D: 6 votes required pursuant to Charter Section 11.2.\nSubitem-E: (R-2024-257)\nResolution approving a Side Letter Agreement between the City of San Diego and the\nAmerican Federation of State, County and Municipal Employees, AFL-CIO, Local 127, to\namend Article 72 of the Memorandum of Understanding related to paid sick leave for\nhourly employees.\nSubitem-E: 6 votes required pursuant to Charter Section 11.2.\nCommittee Actions Taken: N/A\nHuman Resources: Linda Chambers, (619) 951-6896\nCity Attorney Contact: Miguel Merrell

Item S502: Resolutions Approving Side Letter Agreements Between the City of San Diego and\nits Recognized Employee Organizations to Amend the Memoranda of Understanding\nRegarding Bereavement Leave for Reproductive Loss Events, and to Extend the\nSame Benefit to Unrepresented Employees. (Added 12/7/23)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no known fiscal impacts.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2024-243)\nResolution approving a Side Letter Agreement between the City of San Diego and the San\nDiego Police Officers Association, to amend Article 69 of the Memorandum of\nUnderstanding related to bereavement leave for reproductive loss events.\nSubitem-A: 6 votes required pursuant to Charter Section 11.2.\nSubitem-B: (R-2024-245)\nResolution approving a Side Letter Agreement between the City of San Diego and the San\nDiego City Firefighters, International Association of Firefighters, Local 145, to amend\nArticle 28 of the Memorandum of Understanding related to bereavement leave for\nreproductive loss events.\nSubitem-B: 6 votes required pursuant to Charter Section 11.2.\nSubitem-C: (R-2024-246)\nResolution approving a Side Letter Agreement between the City of San Diego and the\nCalifornia Teamsters Local 911, to amend Article 76 of the Memorandum of\nUnderstanding related to bereavement leave for reproductive loss events.\nSubitem-C: 6 votes required pursuant to Charter Section 11.2.\nSubitem-D: (R-2024-248)\nResolution approving a Side Letter Agreement between the City of San Diego and the San\nDiego Municipal Employees Association, to amend Article 83 of the Memorandum of\nUnderstanding related to bereavement leave for reproductive loss events.\nSubitem-D: 6 votes required pursuant to Charter Section 11.2.\nSubitem-E: (R-2024-249)\nResolution approving a Side Letter Agreement between the City of San Diego and the\nAmerican Federation of State, County and Municipal Employees, AFL-CIO, Local 127, to\namend Article 25 of the Memorandum of Understanding related to bereavement leave for\nreproductive loss events.\nSubitem-E: 6 votes required pursuant to Charter Section 11.2.\nSubitem-F: (R-2024-244)\nResolution approving a Side Letter Agreement between the City of San Diego and the\nDeputy City Attorneys Association of San Diego, to amend Article 9 of the Memorandum\nof Understanding related to bereavement leave for reproductive loss events.\nSubitem-F: 6 votes required pursuant to Charter Section 11.2.\nSubitem-G: (R-2024-247)\nResolution expanding bereavement leave for reproductive loss events for unrepresented\nCity of San Diego employees.\nCommittee Actions Taken: N/A\nHuman Resources: Scott Harris, (619) 707-0653\nCity Attorney Contact: Miguel Merrell

Item S503: Appointment and Compensation of an Interim Executive Director for the\nCommission on Police Practices. (Added 12/7/23)\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:\nThe recommended compensation for the pending interim Executive Director of the\nCommission on Police Practices appointee is an hourly wage of $116.86 and will be paid\nout of the General Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-258)\nAppointing Danell Scarborough as the Executive Director of the Commission on Police\nPractices on an interim basis and establishing her compensation in the position.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 9: Luz Anaya Luna, (619) 236-6699\nCity Attorney Contact: Joan F. Dawson