City Council

Item 54: Amendments to the Street Preservation Ordinance.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no costs associated with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was amended by Council action by interlineation at\nthe time of introduction on 7/10/2023, Item 200, Subitem-B (Council voted 9-0):\n(O-2023-172 Rev. Cor. Copy)\nOrdinance amending Chapter 6, Article 2, Division 11 of the San Diego Municipal Code\nby amending sections 62.1102, 62.1104, and 62.1105; retitling and amending section\n62.1106; amending sections 62.1107 and 62.1108; repealing sections 62.1109 and\n62.1110; amending and renumbering section 62.1111 to section 62.1109; amending and\nrenumbering section 62.1112 to section 62.1110; amending and renumbering section\n62.1113 to section 62.1111; and amending and renumbering section 62.1114 to section\n62.1112; by amending Chapter 6, Article 2 of the San Diego Municipal Code by amending\nthe title of Division 12; and by amending Chapter 6, Article 2, Division 12 of the San\nDiego Municipal Code by amending section 62.1202 and 62.1203; retitling and amending\nsection 62.1204; amending section 62.1205, 62.1206, 62.1207; adding new section\n62.1208; retitling, amending, and renumbering existing section 62.1208 to 62.109;\nretitling, amending, and renumbering section 62.1209 to section 62.1210; retitling,\namending, and renumbering section 62.1210 to section 62.1211; amending and\nrenumbering section 62.1211 to section 62.1212; amending and renumbering section\n62.1212 to section 62.1213; amending and renumbering section 62.1213 to section\n62.1214; retitling, amending, and renumbering section 62.1214 to section 62.1215;\namending and renumbering section 62.1215 to section 62.1216, repealing existing section\n62.1216; amending sections 62.1217 and 62.1218; and adding new section 62.1219 to the\nSan Diego Municipal Code, all relating to excavations in the public 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\nfailing 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\nthat took place as a result of trench related repairs.\n-Request that staff present responses to the issues raised by the entities that excavate in\nthe public right-of-way, and highlight any\npotential changes from the proposed action we are seeing today as a result of continued\ndiscussions 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