REVISED
CITY OF SAN DIEGO
COUNCIL AGENDA
COUNCIL PRESIDENT
Sean Elo-Rivera • Ninth District
COUNCIL PRESIDENT PRO TEM
Monica Montgomery Steppe • Fourth District
COUNCILMEMBERS
Joe LaCava • First District
Jennifer Campbell • Second District
Stephen Whitburn • Third District
Marni von Wilpert • Fifth District
Kent Lee • Sixth District
Raul A. Campillo • Seventh District
Vivian Moreno • Eighth District
Charles Modica Mara W. Elliott
Independent City Attorney
Budget Analyst
Diana J. S. Fuentes
City Clerk
City Administration Building
City Council Chambers- 12th Floor
202 C Street San Diego, CA 92101
Virtual Participation: https://sandiego.zoomgov.com/j/1601143486 To join by telephone: Dial 1-669-254 5252 + input Webinar ID: 160 114 3486 TUESDAY, AUGUST 01, 2023, AT 10:00 AM and 2:00 PM
Tuesday, August 01, 2023
FURTHER INFORMATION ON HOW TO PARTICIPATE IN THIS
MEETING IS FOUND AT THE END OF THE AGENDA
Joining the Webinar and Offering Phone-in Testimony
Members of the public may participate in City Council meetings in person or virtually using the Zoom Webinar platform. Members of the public can offer public comment on agendized items or during Non-Agenda Public Comment by accessing the meeting online using a desktop computer, laptop, tablet, or Smartphone, or by calling into the meeting using a Smartphone, cellular phone, or land line. To raise your hand via a phone-in please press *9 and unmute when the Clerk calls on you by pressing *6. If you are participating via the webinar platform please press the raise your hand icon and the unmute button when prompted.
Please click the link below to join the webinar:
https://sandiego.zoomgov.com/j/1601143486
To join by telephone: Dial 1-669-254 5252
When prompted, input Webinar ID: 160 114 3486
LATE-ARRIVING MATERIALS
Pursuant to the Brown Act, California Government Code Section 54957.5(b), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Council Chambers in the lobby of the 12th floor of the City Administration Building in a binder labeled “Late Arriving Materials” Late-arriving materials received during the City Council meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.
REQUESTS FOR ACCESSIBILITY MODIFICATIONS OR ACCOMMODATIONS As required by the Americans with Disabilities Act (ADA), requests for agenda information to be made available in alternative formats, and any requests for disability-related modifications or accommodations required to facilitate meeting participation, including requests for alternatives to observing meetings and offering public comment as noted above, may be made by contacting the City Clerk at (619) 533-4000 or mailto:[email protected]. The City is committed to resolving accessibility requests swiftly in order to maximize accessibility.
Requests for translation services to offer public comment may be made by contacting the City Clerk at (619) 533-4000 or email to: [email protected] . The City is committed to addressing language translation requests swiftly in order to maximize public participation. For more information on how to participate and comment on an issue at Council meetings, click this link.
Las solicitudes de servicios de traducción para ofrecer comentarios públicos se deberán hacer poniéndose en contacto con la City Clerk al (619) 533-4000 o por correo electrónico a:[email protected]. La ciudad se compromete a responder rápidamente a las solicitudes de traducción de idiomas con el fin de maximizar la participación del público. Para obtener más información sobre cómo participar y expresar comentarios sobre un asunto en las juntas del Concejo, haga clic en este enlace.
Upang kayo ay matulungan na maisalin sa wikang Ingles ang inyong mga puna, mungkahi, o komento para sa Bayan ng San Diego, maaari pong makipag-ugnayan sa City Clerk sa telepono Tuesday, August 01, 2023
(619-533-4000) o email ([email protected]). Hangad ng Pamahalaang Bayan ng San Diego ang inyong pakikilahok sa usapang pambayan at handa itong magbigay ng agarang tulong na kinakailangan sa pagsasaling-wika ng inyong mga komento. Para sa higit pang impormasyon tungkol sa kung paano sumali at magbigay ng komento sa item sa mga pagpupulong ng Konseho, mangyaring i-click ang sumusunod na link.
Cần dịch vụ thông dịch để phát biểu ý kiến trước công chúng, xin hãy liên hệ với City Clerk (Thư Ký Thành Phố) theo số (619) 533-4000 hoặc email đến [email protected]. Thành phố cam kết sẽ giải quyết các yêu cầu thông dịch một cách nhanh chóng để gia tăng sự tham dự của công chúng. Để biết thêm thông tin về cách tham gia và đưa ra ý kiến về một mục tại các cuộc họp của Hội đồng, xin vui lòng nhấp vào liên kết dưới đây.
يمكن تقديم طلبات خدمات الترجمة لتقديم تعليقات عامة عن طريق الاتصال بكاتب المدينة على (619) 533-4000 أو mailto: [email protected] بمعالجة المدينة تلتزم طلبات الترجمة اللغوية بسرعة من أجل زيادة المشاركة العامة .لمزيد من المعلومات حول كيفية المشاركة والتعليق على أي موضوع في اجتماعات المجلس، يرجى الضغط على الرابط التالي パブリックコメントを要求するための翻訳サービス依頼は、市の書記（電話：619-533-4000ま
たはメール：mailto:[email protected]）に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
審議会の参加方法や議案への意見提供方法についての詳細は、以下のリンクをクリックしてく
ださい。
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-4000 또는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다. 시의회 회의에 참여하는 것과
안건 항목에 대해 의견을 제의하는 것에 관한 자세한 정보를 원하시면 다음의 링크를 클릭하십시
오.
為了鼓勵更多市民參與 '公眾意見'， 市政府設定了快捷的中文翻譯服務。 如你有任何關於 '公開
意見' 想發表， 請致電: (619) 533-4000， 或電郵 [email protected] 我們會為你翻譯。有 关如何参加市议会会议并就项目发表意见的更多信息，请点击以下链接。
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກ
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ
ກກກກກກກກກກກກກກກກກກກກກກ
NOTICE: THE CITY COUNCIL MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY STAFF DO NOT LIMIT ACTIONS THAT THE CITY COUNCIL MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON
THE RECOMMENDATIONS OF STAFF AS DETERMINATIVE OF THE ACTION THE CITY COUNCIL MAY TAKE ON A PARTICULAR MATTER.
Tuesday, August 01, 2023
TUESDAY, AUGUST 01, 2023 AT 10:00 AM
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
APPROVAL OF COUNCIL MINUTES
7/3/2023 Adjourned
7/4/2023 Adjourned
Tuesday, August 01, 2023
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 50: First Amendment to the Consulting Agreement with Reigelman LLC for the East Village Green Public Art Project (H166768).
Total Estimated Cost of Proposed Action and Funding Source:
This action appropriates $280,473 from the Public Art Fund, for a total project amount of $755,473.
Council District(s) Affected: 3.
Proposed Actions:
(O-2023-204)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Consulting Agreement with Reigelman, LLC, extending the Agreement through January 30, 2026 and increasing the Agreement by $280,473 to a total contract amount not-to-exceed $755,473, for the East Village Green Phase 1 Public Art Project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on July 12, 2023.
ACTION: Motion by Vice Chair Montgomery Steppe, second by Committee Member Lee, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.
Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Ken So
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, August 01, 2023
Item 51: First Amendment to Cooperative Procurement Contract with Dell Marketing, L.P. for Microsoft Software, Subscriptions, and Services.
Total Estimated Cost of Proposed Action and Funding Source:
This action authorizes the City to execute the First Amendment to the Cooperative Procurement Contract for Microsoft Software, Subscriptions, and Services with Dell Marketing, L.P. to increase the not-to-exceed amount by $18,633,600, and extend the term an additional three years, to be funded from the General and Enterprise Funds.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-8)
Introduction of an Ordinance authorizing the Mayor or his designee to execute, for and on behalf of the City, the First Amendment to the Cooperative Procurement Contract between the City of San Diego and Dell Marketing, L.P., for the acquisition of Microsoft Software, Subscriptions and Services, to increase the not-to-exceed amount from $14,032,100 to $32,665,700 and to extend the Contract term for an additional three (3) years, effective November 1, 2023, through October 31, 2026, for a total Contract term of six (6) years. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on July 12, 2023.
ACTION: Motion by Vice Chair Moreno, second by Committee Member LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Department of Information Technology: Maureen Medvedyev, (619) 533-4806 City Attorney Contact: Steven Lastomirsky
Item 52: An Ordinance Exempting One Program Coordinator Position in the Library Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The Program Coordinator’s projected annual cost, including salaries and fringe benefits, is approximately $175,798. Funds for this expense will be available in the General Fund. Projected savings in personnel expenditures due to vacancies, will offset the cost of this position.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-2)
Tuesday, August 01, 2023
Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the City's Library Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 7, 2023. This position will serve as the Special Events Coordinator and manage public, private, and internal events at the Department's special event spaces. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Library: Misty Jones, (619) 236-5870
City Attorney Contact: Miguel Merrell
Item 53: City of San Diego Public Right-of-Way Traffic Control Worker Protections.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-7 Cor. Copy) (Rev. 7/27/23)
Introduction of an Ordinance Amending Chapter 3 of the San Diego Municipal Code by Adding New Article 10, Division 1, Sections 310.0101, 310.0102, 310.0103, 310.0104, 310.0105, 310.0106, 310.0107, and 310.0108, relating to the Traffic Control Worker Prevailing Wage Ordinance.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on November 17, 2022.
ACTION: Motion by Chair Campillo, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Campillo-yea, Campbell-yea, Montgomery Stepp-yea, Cate-not present.
Council District 7: Michael Simonsen, (619) 236-6765
City Attorney Contact: Alison P. Adema
Item S500: Second Amendment to Agreement with Jones & Mayer to Provide Continued Legal Services as Panel Outside Counsel. (Added 7/27/23) Total Estimated Cost of Proposed Action and Funding Source:
None at this time.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-9)
Tuesday, August 01, 2023
Introduction of an Ordinance authorizing the Second Amendment to the legal services agreement between the City and Jones & Mayer to increase the total amount of time under the contract beyond five years, for a period not-toexceed eight years. The increase is necessary to continue work the Law Firm is performing on behalf of the City, which includes defending the City in the active litigation matter Fukuda et al. v. City of San Diego.
6 votes required pursuant to Charter Section 99. (Rev. 7/27/23) Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-5800
ADOPTION AGENDA
Item 54: Authorization of a Ten-Year Corporate Partnership Agreement with One, Five-Year Extension Option Among the City of San Diego, Downtown San Diego Partnership, Inc. and IKE Smart City, LLC for a Digital Wayfinding System in Downtown San Diego, an Exemption from the City’s Prohibition Against Signs in the Right of Way and OffPremises Messages, an Exemption from Certain Automatic Copy Regulations, an Exemption from Public Right of Way Permit Requirements, and Related Actions.
Total Estimated Cost of Proposed Action and Funding Source:
No costs associated with this proposed action.
Council District(s) Affected: 3.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/17/2023, Item 200, Subitem-B. (Council voted 6-2, Councilmember LaCava and Councilmember Moreno-nay, Council President Pro Tem Montgomery Steppe- not present):
(O-2023-208)
Ordinance of the Council of the City of San Diego approving a Corporate Partnership Agreement Among the City of San Diego, Downtown San Diego Partnership, Inc., and IKE Smart City, LLC for the Financing, Implementation, Management, and Operation of a Digital Wayfinding System with City Marketing Rights and Benefits, authorizing a limited exception to the signage and offpremises messaging regulations contained in Chapter 14, Article 2, Division 12 of the San Diego Municipal Code, authorizing a limited exception to the automatic changing copy regulations contained in Chapter 14, Article 1, Division 11 of the San Diego Municipal Code, and approving related actions.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, August 01, 2023
City Attorney Contact: William W. Witt
Item 55: Ordinance Adopting Rental Agreement Notice Requirements Related to Family Daycare Operations.
Total Estimated Cost of Proposed Action and Funding Source:
Costs associated with this action will be funded by the Development Services Department General Fund Budget, as enforcement of the City’s Code falls under the jurisdiction of the Department’s Building & Land Use Enforcement Division.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was amended by Council action at the time of introduction on 7/17/2023, Item 201 (Council voted 8-0, Council President Pro Tem Montgomery Steppe-not present):
(O-2023-176 Rev.)
Ordinance amending Chapter 9, Article 8 of the San Diego Municipal Code by adding new Division 9, Sections 98.0901, 98.0902, and 98.0903, relating to notice of a tenant’s right to operate a family daycare home.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on January 11, 2023.
ACTION: Motion by Chair Campillo, second by Committee Member Lee, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Campillo-yea, Montgomery Steppe-yea, Lee-yea.
Council District 7: Justine Murray, (619) 236-6751
City Attorney Contact: Heather Ferbert
Item 56: Westfield Mission Valley West – Amendment to FSDRIP Specific Plan – Project No. 685501.
Total Estimated Cost of Proposed Action and Funding Source:
None with this action. All costs associated with the processing of this application are recovered through a deposit account funded by the applicant.
Council District(s) Affected: 3.
Proposed Actions:
Adopt the following Ordinances which were introduced on 7/18/2023, Item 330, Subitem-B and Subitem-C (Council voted 9-0):
Tuesday, August 01, 2023
Amendment to the Mission Valley Community Plan (Community Plan) to change the boundary of the First San Diego River Improvement Project (FSDRIP) Specific Plan to remove the Westfield - Mission Valley West property from the Mission Valley Community Plan Specific Plan Subdistrict and the FSDRIP Specific Plan; and rezone the property to remove it from Municipal Code Chapter 13, Article 02, Division 14 – Community Plan Implementation Overlay Zone (CPIOZ) to replace the map depicting the boundaries of the CPIOZ area to one consistent with the updated FSDRIP Specific Plan. Collectively these actions are identified as the Mission Valley West Project.
Subitem-A: (O-2023-202)
Ordinance amending Chapter 13, Article 2, Division 14 of the San Diego Municipal Code by amending Sections 132.1402 and 132.1403 relating to the Mission Valley West Project.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (O-2023-203)
Ordinance approving a rezone removing 19.82 acres located south of Camino De La Reina, west of Mission Center Road, and north of Camino Del Rio North within the Mission Valley Community Plan Area in the City of San Diego from the Community Plan Implementation Overlay Zone as defined by the San Diego Municipal Code Section 131.0704 for the Mission Valley West Project.
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Martha Blake, (619) 446-5375
City Attorney Contact: Shannon Eckmeyer
Item 57: Ordinance Amending Chapter 2, Article 10, Division 1, of the San Diego Municipal Code by Amending Sections 210.0101 and 210.0109, Relating to Transparent and Responsible Use of Surveillance Technology.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/18/2023, Item S500 (Council voted 9-0):
(O-2024-3 Cor. Copy 2)
Ordinance Amending Chapter 2, Article 10, Division 1, of the San Diego Municipal Code by amending Sections 210.0101 and 210.0109, relating to transparent and Responsible use of surveillance technology.
Committee Actions Taken: N/A
Office of the Mayor: Chloe Madison, (619) 236-6213
Tuesday, August 01, 2023
City Attorney Contact: Joan F. Dawson
Item 58: First Amendment to Agreement with Gordon Rees Scully Mansukhani, LLP to Provide Continued Legal Services as Panel Outside Counsel.
Total Estimated Cost of Proposed Action and Funding Source:
The First Amendment to the LSA will add to the time limit in the contract and an increase of $600,000, for a total contract amount not-to-exceed $850,000. The increase of $600,000 was approved by Council on June 12, 2023 by Resolution R-314963. Funding for this contract increase will come from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/18/2023, Item S501 (Council voted 9-0):
(O-2023-206)
Ordinance authorizing the First Amendment to the legal services agreement between the City and Gordon Rees Scully Mansukhani, LLP to increase the total amount of time under the contract beyond five years, for a period not-toexceed six years. 6 votes required pursuant to Charter Section 99. (Rev. 7/26/23) Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: M. Travis Phelps
Tuesday, August 01, 2023
ADOPTION AGENDA
Item 100: Award a Consultant Agreement, Contract # H2226043, to Harris & Associates for Professional Design Services and Construction Support Services of the Storm Water Pump Station D Component Upgrade Project.
Total Estimated Cost of Proposed Action and Funding Source:
The total estimated consultant design cost of this project is $3,933,205.
Council District(s) Affected: 2.
Proposed Actions:
Subitem-A: (R-2024-27)
Resolution determining the Agreement with Harris & Associates for professional design and construction support services for the Storm Water Pump Station D Component Upgrade project is exempt from the California Environmental Quality Act pursuant to section 15262 of the CEQA Guidelines.
Subitem-B: (R-2024-28)
Resolution approving the Agreement with Harris & Associates for professional design and construction support services for the Storm Water Pump Station D Component Upgrade project in an amount not-to-exceed $3,933,205 and related actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on July 13, 2023.
ACTION: Motion by Vice Chair LaCava, second Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Engineering & Capital Projects: Jason Grani, (619) 533-7525 City Attorney Contact: Bonny Hsu
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, August 01, 2023
Item 101: Authorization to Retain Outside Counsel and Approval of Certain AsNeeded Agreements for Various Selected Law Firms to Represent the City of San Diego in Seven Areas of Law.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of each contract is in an amount not-to-exceed $500,000. Legal services are to be provided on an as-needed basis so there is no need for an allocation of funds at this time. The source of funding when the need for legal services arises under these contracts will be from the Public Liability Fund, or one or more Enterprise Funds, or the Citywide Program Expenditures of the General Fund, in a not-to-exceed amount appropriated each year by the City Council.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-29)
Resolution authorizing the retention of 11 selected law firms to represent the City of San Diego as outside counsel on an as-needed basis in seven areas of law: (1) Employment litigation, investigations and fact finding, and workers compensation law and litigation; (2) Regulatory agency law, land use, and litigation, including Clean Water Act and stormwater compliance issues; (3) Police excessive force/misconduct litigation, including alleged violations of 24 U.S.C. § 1983; (4) Election law, including ballot measures; (5) Tort litigation; (6) Public integrity, ethics and professional standards law, including debarment actions and related litigation; and (7) Municipal Governance, including insurance coverage, real estate transactions, complex contracts, bankruptcy, Brown Act, and the Public Records Act; and approving one as-needed contract with the law firm Nossaman LLP pursuant to San Diego Municipal Code section 22.3207 where the total cumulative contract awards exceed $1,000,000 based on the law firm having another existing contract with the City of San Diego as well as this action.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on July 12, 2023.
ACTION: Motion by Committee Member Lee, second by Committee Member LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Christina L. Rae
Item 102: First Amendment to Agreement with Airbus Helicopters, Inc. and Authorization to Purchase Three (3) Helicopters with Mission Configuration Installation.
Tuesday, August 01, 2023
Total Estimated Cost of Proposed Action and Funding Source:
Please see Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-23)
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Airbus Helicopters, Inc. to extend the term of the Agreement for an additional sixteen (16) months, and authorizing the purchase of three additional H125 helicopters under the agreement.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on July 19, 2023.
ACTION: Motion by Committee Member Campillo, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; von Wilpert-yea, Campbell-yea, Campillo-yea, Montgomery Steppenot present.
Police: Captain Daniel Grubbs, (619) 531-2995
City Attorney Contact: Michelle Garland
Item 103: Reimbursement Agreement Between the City of San Diego and Tri Pointe Homes IE-SD, Inc. for Project No. a Portion of T-11.1, Caliente Avenue (Otay Mesa Road to Proposed SR-905 Overpass) in the Otay Mesa Community.
Total Estimated Cost of Proposed Action and Funding Source:
The project total of $1,804,069 will be funded from the Otay Mesa Local Mobility DIF.
Council District(s) Affected: 8.
Proposed Actions:
This is a Council action to execute the Reimbursement Agreement (Agreement) for a portion of Project No. OM T-11.1, Caliente Avenue (Otay Mesa Road to proposed SR-905 overpass) in the Otay Mesa community.
(R-2023-634 Cor. Copy 2) (Rev. 7/28/23)
Resolution authorizing the Mayor, or his designee, to execute the Reimbursement Agreement with Tri Pointe Homes IE-SD, Inc. for a portion of Project No. OM T-11.1 Caliente Avenue (Otay Mesa Road to proposed SR-905 overpass) in the Otay Mesa community.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on July 13, 2023.
Tuesday, August 01, 2023
ACTION: Motion by Vice Chair LaCava, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Planning: Gaetano Martedi, (619) 533-3678
City Attorney Contact: Shannon Eckmeyer
Item 104: Resolution Supporting the Creation of a Bee City USA Program Committee and Seeking Designation as a Bee City USA Affiliate from the Xerces Society.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-648)
Resolution designating the City of San Diego as a Bee City USA affiliate and supporting the creation of a Bee City USA program committee.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on April 20, 2023.
ACTION: Motion by Chair LaCava, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: David J. Karlin
Item 105: Honorary Street Name: Recognition of Fr. Richard H. Brown, SJ on the 700 Block of Beardsley Street (Intersection of Beardsley Street and Kearney Avenue) Pursuant to San Diego Municipal Code Section 125.1130, “Honorary Street Names,” and Council Policy 200-10, “Honorary Street Names.”
Total Estimated Cost of Proposed Action and Funding Source:
Council Policy 200-10, “Honorary Street Names,” states that funding for the installation of honorary street title signs shall be the responsibility of the sponsoring Councilmember. The Councilmember shall identify, obtain, and make such funds available to the mayor or designer. Therefore, funding for this honorary street title sign will be provided by Council District 8.
Council District(s) Affected: 8.
Proposed Actions:
(R-2024-31)
Tuesday, August 01, 2023
Resolution designating the 700 block of Beardsley Street at the intersection of Kearney Avenue in the Logan Heights Community as "Fr. Richard H. Brown, SJ Street."
Committee Actions Taken: N/A
Council District 8: Kevin Smith, (619) 236-6688
City Attorney Contact: Ryan P. Gerrity
Item 106: Resolution Excusing Council President Sean Elo-Rivera from City Council and Committee Meetings.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-38)
Resolution excusing the absence of Council President Sean Elo-Rivera from City Council and Council Committee meetings from September 6 through September 30, 2023.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 9: Brendan Dentino, (619) 236-6699
City Attorney Contact: Kathy Steinman
Item 107: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2024-20)
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
Item S501: Approval to Retain Wright, L’Estrange & Ergastolo as Outside Counsel to Provide Legal Services Related to City’s Emergency Medical Services and Ambulance Services, and Waiver of Potential Conflicts of Interest Pursuant to the California Rules of Professional Conduct Rule
1.7 and Council Policy No. 000-34. (Added 7/27/23)
Total Estimated Cost of Proposed Action and Funding Source:
Tuesday, August 01, 2023
The proposed LSA is for an amount not-to-exceed $50,000. Funding will come from the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-43)
Resolution authorizing the retention of Wright, L’Estrange & Ergastolo as outside counsel to provide legal services related to City’s Emergency Medical Services and ambulance services.
Subitem-B: (R-2024-44)
Resolution waiving potential conflicts of interest from Wright, L’Estrange & Ergastolo, pursuant to the California Rules of Professional Conduct, Rule 1.7, and Council Policy No. 000-34.
Committee Actions Taken: N/A
Office of the City Attorney: Daniel Orloff, (619) 236-6223
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Carol Olten Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming August 12, 2023 to be “Carol Olten Day” in the City of San Diego.
Item 31: Friendship Baseball Games Opening Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming August 11, 2023, to be “Friendship Baseball Games Opening Day” in the City of San Diego.
Item 32: Devin and Nathan Schiel Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming August 1, 2023 to be “Devin and Nathan Schiel Day” in the City of San Diego.
Item 33: San Carlos Library: We Bought the Lot Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming August 5, 2023 to be “San Carlos Library: We Bought the Lot Day” in the City of San Diego.
Tuesday, August 01, 2023
Item 34: Rebekah Hook-Held Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming August 11, 2023 to be “Rebekah Hook-Held Day” in the City of San Diego.
Item 35: Sally Carrillo Day.
COUNCILMEMBER MORENO'S RECOMMENDATION:
Proclaiming August 1, 2023, to be “Sally Carrillo Day” in the City of San Diego.
Item S502: Menstrual Hygiene Equity Day. (Added 7/28/23) COUNCILMEMBER LACAVA’S RECOMMENDATION
Proclaiming August 30th, 2023 to be “Menstrual Hygiene Equity Day” in the City of San Diego.
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
Item 330: An Ordinance Allowing One Additional 180-Day Extension for Building Permit Applications.
This item will be heard in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source:
There are no fiscal impacts to the City as a result of this action. The ability to extend permit application times will, however, save operational cost time by preventing the impact of additional permit volume on the department, as projects will not expire and have to re-start their permit processes.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-6)
Introduction of an Ordinance amending Chapter 12, Article 9, Division 2 of the San Diego Municipal Code by amending section 129.0211, relating to allowing up to two 180-day extensions for building permit applications.
Tuesday, August 01, 2023
Committee Actions Taken: N/A
Development Services: Kelly Charles, (619) 446-5413
City Attorney Contact: Noah Brazier
Tuesday, August 01, 2023
Item 331: Allocation Notification and Award for $1,700,000 from the California Department of Social Services to Work with San Diego Area Schools to Support the Needs of Refugee Students.
This item will be heard in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source:
Revenue of $1,700,000 to provide as a direct pass through to San Diego Unified School District.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-16)
Resolution authorizing the Mayor, or his designee, to approve the acceptance and expenditure of an Allocation Notification and Award from the California Department of Social Services and take all necessary actions to secure funding in an amount not-to-exceed $1,700,000, in Fund 600001 Grant Fund – State to support the needs of refugee students at San Diego area schools.
Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not-to-exceed $1,700,000 in, award funding to support the needs of refugee students in San Diego area schools; and for all related actions.
Authorizing the Mayor, or his designee, to negotiate and enter into a reimbursement agreement with the San Diego Unified School District and to advance up to $1,700,000 in award funds to the San Diego Unified School District to support the needs of refugee students in San Diego area schools; and for all related actions.
Committee Actions Taken: N/A
Office of Child and Youth Success: Andrea O'Hara, (858) 232-6579 City Attorney Contact: Nicole Pedone
Tuesday, August 01, 2023
Item 332: San Diego Association of Governments (SANDAG) Housing Acceleration Program REAP Cycle 2 Grant - Authorizing Application, Acceptance, and Expenditure of Funds.
This item will be heard in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source:
This action will allow the City of San Diego to apply, accept, and expend grant funds in the amount of up to $4,800,000. Grant funds will be used for consultant costs related to the Mid-City Community Plan Update, City/Public Property Affordable Home Master Plan, Inclusive Public Engagement Guide, Missing Middle Home Design, City Modeling, and the Pilot DIF Credit Program for Affordable Homes. Matching funds from the General Plan Maintenance Fund in the amount of $750,000 will be provided. (Rev. 7/28/23) Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-26)
Resolution authorizing application for, receipt, and expenditure of Housing Acceleration Grant Program funds for the Mid-City Community Plan update, City/Public Property Affordable Home Development Master Plan, City of San Diego Planning 101 Campaign, Missing Middle Housing Design, and Pilot DIF Credit Program for Affordable Homes.
Committee Actions Taken: N/A
Planning: Grant Ruroede, (619) 446-5347
City Attorney Contact: Noah Brazier
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.) Per Rule 2.7.2, Non-Agenda Public Comment is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes. Additionally, non-agenda public comment during the 10am session may be limited to 30 minutes at the discretion of the Council President for meeting management purposes. If some Non-Agenda Public Comment is trailed, any remaining speakers will be given an opportunity to speak during the 2pm session after Council concludes the Information and Adoption agenda items for the day.
Tuesday, August 01, 2023
TUESDAY, AUGUST 01, 2023 AT 2:00 PM
ROLL CALL
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 333: Approval of Smart Streetlight and Automatic License Plate Reader (“ALPR”) Technology Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The Police Department FY 2024 Budget allocated $3.5 million toward Smart Streetlight expenditures from the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-39)
Resolution authorizing Smart Streetlight technology under the Transparent and Responsible Use of Surveillance Technology Ordinance.
Subitem-B: (R-2024-40)
Resolution authorizing Automated License Plate Reader technology under the Transparent and Responsible Use of Surveillance Technology Ordinance.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on July 19, 2023.
ACTION: Motion by Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 3-1; von Wilpert-yea, Campbell-yea, Campillo-yea, Montgomery Steppenay. (Rev. 7/28/23) Police: Acting Captain Charles Lara, (619) 531-2949
City Attorney Contact: Michelle Garland
NON-AGENDA ITEMS
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, August 01, 2023
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, August 01, 2023
HOW TO SPEAK TO A PARTICULAR ITEM OR DURING NON-AGENDA PUBLIC COMMENT:
Members of the public shall be given the opportunity to address the Council. The Council President may reduce the amount of time available to each speaker to appropriately manage the meeting and ensure the Council has time to consider all the agenda items. A member of the public may only provide one comment per agenda item.
Pursuant to the Levine Act (Gov’t Code Section 84308), any party to a permit, license, contract (other than competitively bid, labor or personal employment contracts) or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any Council Member. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party or participant and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.
In-Person Comment on Agenda Items
Each speaker must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak indicating which item they wish to speak on. Speaker slips may not be turned in prior to the day of the meeting or after completion of in-person testimony.
In person testimony will conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if they represent an organization or another person.
For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.
For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes, in addition to any time ceded by other members of the public who are present at the meeting and have submitted a speaker slip ceding them time. These speaker slips should be submitted together at one time to the City Clerk. The Council President may also limit organized group presentations of five or more persons to 15 minutes or less.
Virtual Public Comment on Agenda Items
Members of the public may participate virtually (by telephone or internet streaming) as indicated below. Speakers who wish to provide virtual public comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.
For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.
For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes.
Speakers participating virtually may not allocate their time to other speakers and may not share video or visual aids (i.e. pdf, ppt, docs) during their comment period.
Quasi-Judicial Items. Organized group presentations for quasi-judicial items will be allowed up to 15 minutes per side to speak either for or against an item for a total of 30 minutes. If more than one group on the same side requests an organized presentation, the 15 minutes will be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.
Non-Agenda Public Comment
Tuesday, August 01, 2023
Every agenda for a regular Council meeting shall provide a period on the agenda for members of the public to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. Non-Agenda Public Comment shall be subject to the exercise of the Council President’s discretion for a given agenda.
In order to ensure that the Council has time to consider all agenda items, Non-Agenda Public Comment on particular issues and for each individual speaker will be as follows:
Each speaker will be limited to two minutes. Speakers may not allocate their time to other speakers. If there are eight or more speakers on a single issue, the maximum time for the issue will be 16 minutes. The order of speaking generally will be determined on a first-come, firstserved basis, however, priority may be given to speakers who have not addressed the legislative body during Non-Agenda Public Comment at the last regularly scheduled Council meeting. A member of the public may only provide one non-agenda comment per agenda.
In-Person Non-Agenda Public Comment
Each speaker who wishes to address the Council must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak. Speaker slips may not be turned in prior to the meeting date or after completion of in-person testimony. In-person testimony shall conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if representing an organization or another person.
Virtual Non-Agenda Public Comment
Speakers who wish to provide virtual Non-Agenda Public Comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first. Those participating virtually may not share video or visual aids (i.e. pdf, ppt, docs) during their non-agenda comment period.
Please note: On Tuesdays, Non-Agenda Public Comment is taken during the 10am session, but some Non-Agenda Public Comment may be trailed, at the Council President’s discretion for meeting management purposes.
Comment on Agenda Items, Non-Agenda Public Comment, and Closed Session Public Comment may also be submitted using the webform indicating the comment type and item number (if relevant) for which you wish to submit your comment. Comments received by 8:00 AM the day of the meeting will be distributed to the City Council and posted online with the meeting materials. All webform comments are limited to 500 words but may include attachments. Comments received after 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.
Written Materials. Instead of submitting written materials as an attachment to the webform you may submit via U.S. Mail to the City Clerk’s attention at 202 C Street, MS2A San Diego, CA 92101. Materials submitted via U.S. Mail must be received one business day prior to the meeting to be distributed to the City Council. Comments received via U.S. Mail on the day of the meeting will be submitted into the written record for the relevant item.
The public may view the meetings on public television (within the City of San Diego only) on City TV Channel 24 for Cox Communications and Spectrum or Channel 99 for AT&T U-Verse, or view the meetings online (link is external)