Councilmembers have a very heavy agenda for Tuesday’s meeting.  Of the 11 items on the discussion agenda, councilmembers will discuss amendments to municipal code pertaining to beach fires, five-year financial outlooks for the City and public utilities and a resolution declaring San Diego a Safe City for Transgender, Non-Binary, and Gender Diverse Youth.

From the Office of Council President Sean Elo-Rivera  

San Diego City Council Meeting 10 a.m.

City Council Meeting Agenda

10 a.m. – Consent Agenda, Proclamations, Closed Session public comment, non-agenda public comment

11 a.m. – Closed Session – Closed Session Agenda, Special Housing Authority Closed Session

2 p.m. – Discussion Agenda, Housing Authority Agenda

Consent Agenda

24 items are on the consent agenda including approval of FY2023 arts, culture and community festival funding awards. The Council also considers extending states of emergency in the City for COVID-19 and sewage and waste rom Tijuana, Mexica.

Proclamations and Ceremonial Items

Item 30 – University City Centurions Day celebrates University City High School, student-athletes, coaches, parents and staff for their Division III CIF Football Championship.

Discussion Agenda

Item 330 - Fiscal Year 2023 First Quarter Budget Monitoring Report – The purpose of the Fiscal Year 2023 First Quarter Budget Monitoring Report is to provide the City Council and the public with a first look at the new fiscal year. The First Quarter Report is developed using three months of actual (unaudited) activity for Fiscal Year 2023, and due to the limited data available for this report, focuses on General Fund revenues. Statistical data and economic analyses are gathered from economic consultants and other resources to project year-end revenue.

Item 331 - Fiscal Year 2024-2028 Five-Year Financial Outlook - The City of San Diego Fiscal Year 2024-2028 Five-Year Financial Outlook Report is a long-range fiscal planning guide and serves as the framework for the development of the Fiscal Year 2024 Adopted Budget for the General Fund. The purpose of the report is to provide an outlook of the City’s General Fund finances over the next five years as forecasted.

Item 332 - Public Utilities Fiscal Year 2024-2028 Five-Year Financial Outlook - The Public Utilities Department Fiscal Year 2024-2028 Five-Year Financial Outlook is provided to guide long-range planning, informs the financial plan for a cost of service study and serve as the framework for the development of the Fiscal Year 2024 Proposed Budget for the Water and Sewer Revenue Funds. The purpose of this report is to provide an overview of the Public Utilities Department’s long-range needs and to guide programmatic decisions.

Item 333 - Amendments to the San Diego Municipal Code Regarding Beach Fires – This item would amend the municipal code to determine beach fires exempt from CEQA. It would also adopt amendments to improve public safety and provide enforcement clarity.

Item 334 - 2023-2024 State and Federal Legislative Platform - The 2023-2024 State and Federal Legislative Platform defines the City of San Diego’s Guiding Principles and Policy Priorities, and provides a means to advance and protect the City’s interests on issues at the federal and state levels. The Guiding Principles and Policy Priorities allow for flexibility so that the Department of Government Affairs, City officials, and our legislative advocates can be proactive and quickly respond within the defined boundaries of the program to address legislative, regulatory, administrative, and budget issues that arise during the year.

Item 335 - Bayshore Bikeway Easement Vacation - Project No. 696947 – Approval of all actions necessary to vacate approximately 0.08 acres of City of San Diego unnamed public pedestrian overpass easements, one on APN 550-50-0040 and one on APN 550-50-0070.  The existing easement was granted by the railroad to the City of San Diego in 1955 for pedestrian overpass. SANDAG's Bayshore Bikeway Barrio Logan project will remove the pedestrian overpass structures with a ministerial. When implemented, the Bayshore Bikeway Barrio Logan project will include traffic signal modifications and ADA-compliant curb ramps to allow at-grade pedestrian movements across 32nd Street and Harbor Drive. The pedestrian bridges exist today on private property owned by BNSF Railway.

Item 336 - Smythe and Via De La Bandola Habitat Mitigation - Project No. 699253 – Approval of all actions necessary to provide compensatory habitat mitigation for impacts to jurisdictional aquatic resources resulting from two emergency stormwater channel maintenance projects conducted in 2015 and 2016. Channel maintenance activities are considered permanent impacts, as these channel segments are likely to require future maintenance to remove vegetation and sediment. The Smythe and Via de la Bandola Habitat Mitigation Project (Project) is a permittee‐responsible mitigation project intended to provide mitigation for permanent impacts to jurisdictional aquatic resources resulting from maintenance of the Smythe and Via de la Bandola stormwater channels.

Item 337 - Appeal of the Environmental Determination for As-Needed Tree Maintenance Services for Streets Right of Way / SS4400 – This item would either grant the appeal of the categorical exemption for As-Needed Tree Maintenance Services for Streets Right of Way / SS4400 and set aside the environmental determination, or to deny the appeal of the categorical exemption and approve the environmental determination.

Item 338 - Appeal of the Environmental Determination for Landscape Services for Library Department (RFP 10089930-23-R) – A resolution to either grant the appeal of the categorical exemption for Landscape Services for Library Department and set aside the environmental determination, or to deny the appeal of the categorical exemption and approve the environmental determination.

Item 339 - Revisions to the City of San Diego’s Reserve Policy – The Department of Finance has reviewed existing Council Policy #100-20 entitled “Reserve Policy” and recommends that the City Council approve amendments to the funding schedule for the General Fund Emergency Reserve and Stability Reserves and Pension Payment Stabilization Reserve.

Item S501 - Resolution Declaring the City of San Diego a Safe City for Transgender, Non-Binary, and Gender Diverse Youth – Transgender, non-binary, and gender diverse people face staggering levels of discrimination and violence. LGBTQIA+ youth who do not feel affirmed in their identity are more likely to attempt suicide and self-harm than those who do feel affirmed. In an effort to ensure that the City of San Diego is safe for everyone – and affirm the lives of some of our most vulnerable community members - Councilmembers Stephen Whitburn and Marni von Wilpert wish to declare the City to be a Safe City for Transgender, Non-binary and Gender Diverse Youth.

Housing Authority Agenda

HA 1 - Onboarding Manual for Members of the San Diego Housing Commission Board of Commissioners - That the Housing Authority of the City of San Diego take the following actions: 1) Approve the proposed onboarding manual for members of the San Diego Housing Commission Board of Commissioners. 2) Authorize the Housing Commission’s President & CEO, or designee, to execute any and all documents that are necessary to implement these approvals in a form approved by the Housing Commission’s General Counsel and to take such actions as are necessary, convenient, and/or appropriate to implement these approvals upon advice of the Housing Commission’s General Counsel. Housing Commission staff will notify the Housing Authority and the City Attorney’s Office about any subsequent amendments or modifications to the documents, and other required documents, including amendments to any documents

HA 2 - Item 2 HAR22-035 Designation of Legal Counsel to Represent the Housing Authority of the City of San Diego in Connection with a Lawsuit filed by Nationstar Mortgage LLC against the Housing Authority and Others, Case Number 37-2022-00042847-CU-OR-CTL, and Delegation of Authority to the San Diego Housing Commission and its General Counsel, Christensen and Spath LLP, to Defend the Housing Authority against the Lawsuit, Protect the Affordability of Affordable Rental and Affordable For-Sale Housing Units Produced through the North City Future Urbanizing Area Inclusionary Housing Program, and Defend the Housing Authority in All Litigation Arising from the Affordable Rental and Affordable For-Sale Inclusionary Housing Program in the NCFUA - Designate legal counsel to represent the Housing Authority of the City of San Diego in connection with pending litigation initiated by Nationstar Mortgage LLC, San Diego Superior Court Case Number 37-2022-00042847-CU-OR-CTL, and delegate authority to the San Diego Housing Commission and its General Counsel, Christensen and Spath LLP, to defend against the lawsuit, to protect the affordability of affordable rental and affordable for-sale housing units produced through the North City Future Urbanizing Area inclusionary housing program, and to defend the Housing Authority in all litigation arising from the affordable rental and affordable for-sale inclusionary housing program in the NCFUA.

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