City Council

Item 200: Amendments to the Street Preservation Ordinance.\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 costs associated with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2023-813)\nResolution determining that amending Chapter 6, Article 2, Division 11 of the San Diego\nMunicipal Code by amending sections 62.1102, 62.1104, and 62.1105; retitling and\namending section 62.1106; amending sections 62.1107 and 62.1108; repealing sections\n62.1109 and 62.1110; amending and renumbering section 62.1111 to section 62.1109;\namending and renumbering section 62.1112 to section 62.1110; amending and\nrenumbering section 62.1113 to section 62.1111; and amending and renumbering section\n62.1114 to section 62.1112; by amending Chapter 6, Article 2 of the San Diego Municipal\nCode by amending the title of Division 12; and by amending Chapter 6, Article 2,\nDivision 12 of the San Diego Municipal Code by amending section 62.1202 and 62.1203;\nretitling and amending section 62.1204; amending section 62.1205, 62.1206, 62.1207;\nadding new section 62.1208; retitling, amending, and renumbering existing section\n62.1208 to 62.109; retitling, amending, and renumbering section 62.1209 to section\n62.1210; retitling, amending, and renumbering section 62.1210 to section 62.1211;\namending and renumbering section 62.1211 to section 62.1212; amending and\nrenumbering section 62.1212 to section 62.1213; amending and renumbering section\n62.1213 to section 62.1214; retitling, amending, and renumbering section 62.1214 to\nsection 62.1215; amending and renumbering section 62.1215 to section 62.1216,\nrepealing existing section 62.1216; amending sections 62.1217 and 62.1218; and adding\nnew section 62.1219 to the San Diego Municipal Code, all relating to excavations in the\npublic right-of-way, are exempt from the California Environmental Quality Act pursuant\nto Section 15301(c) of the CEQA Guidelines.\nSubitem-B: (O-2023-172 Cor. Copy)\nIntroduction of an Ordinance amending Chapter 6, Article 2, Division 11 of the San Diego\nMunicipal Code by amending sections 62.1102, 62.1104, and 62.1105; retitling and\namending section 62.1106; amending sections 62.1107 and 62.1108; repealing sections\n62.1109 and 62.1110; amending and renumbering section 62.1111 to section 62.1109;\namending and renumbering section 62.1112 to section 62.1110; amending and\nrenumbering section 62.1113 to section 62.1111; and amending and renumbering section\n62.1114 to section 62.1112; by amending Chapter 6, Article 2 of the San Diego Municipal\nCode by amending the title of Division 12; and by amending Chapter 6, Article 2,\nDivision 12 of the San Diego Municipal Code by amending section 62.1202 and 62.1203;\nretitling and amending section 62.1204; amending section 62.1205, 62.1206, 62.1207;\nadding new section 62.1208; retitling, amending, and renumbering existing section\n62.1208 to 62.109; retitling, amending, and renumbering section 62.1209 to section\n62.1210; retitling, amending, and renumbering section 62.1210 to section 62.1211;\namending and renumbering section 62.1211 to section 62.1212; amending and\nrenumbering section 62.1212 to section 62.1213; amending and renumbering section\n62.1213 to section 62.1214; retitling, amending, and renumbering section 62.1214 to\nsection 62.1215; amending and renumbering section 62.1215 to section 62.1216,\nrepealing existing section 62.1216; amending sections 62.1217 and 62.1218; and adding\nnew section 62.1219 to the San Diego Municipal Code, all relating to excavations in the\npublic right-of-way.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non November 16, 2022.\nMotion by Chair von Wilpert, second by Council President Pro Tem Montgomery Steppe,\nfor this item to go to full Council no earlier than January 30, 2023, with direction to work\nwith the City Attorney’s Office to complete legal review and additional information\nincluding the following:\n- Request the IBA update to their 2012 report on this issue.\n- Request staff provide additional examples of safety hazards presented to vehicles,\nbicyclists, and pedestrians as a result of inadequate or failing trench repairs.\n-Request the City Attorney’s office provide information about any history of litigation or\nsettlements by the City related to any accidents that took place as a result of trench related\nrepairs.\n-Request that staff present responses to the issues raised by the entities that excavate in\nthe public right-of-way, and highlight any potential changes from the proposed action we\nare seeing today as a result of continued discussions with those entities, with a redline of\nany changes made.\nVOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppe-yea.\nTransportation Department: Chelsea Klaseus, (858) 541-4325\nCity Attorney Contact: Ryan P. Gerrity\n