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/1600982353 To join by telephone: Dial 1-669-254 5252 + input Webinar ID: 160 098 2353 TUESDAY, SEPTEMBER 12, 2023, AT 10:00 AM and 2:00 PM
Tuesday, September 12, 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/1600982353
To join by telephone: Dial 1-669-254 5252
When prompted, input Webinar ID: 160 098 2353
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.
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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.
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“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, SEPTEMBER 12, 2023 AT 10:00 AM
Tuesday, September 12, 2023
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
APPROVAL OF COUNCIL MINUTES
7/10/2023
7/11/2023
7/17/2023
7/18/2023
7/24/2023
7/25/2023
Tuesday, September 12, 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: Authorization to Execute Third Amendment to Agreement with Tablet Command.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of software licenses is estimated to be $111,000 annually, which is budgeted in the department's General Fund. Approximately one-third of this amount is reimbursed annually by our Fire Metro Zone Partners.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-14 Cor. Copy) (Rev. 9/6/23)
Introduction of an Ordinance authorizing the Mayor, or his designee, to approve the Third Amendment to the Agreement with Tablet Command, Inc. for emergency incident management application services.
6 votes required pursuant to Charter Section 99.
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.
Fire-Rescue: John Wood, Assistant Fire Chief, (619) 533-4302 City Attorney Contact: Laura DePoister
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, September 12, 2023
Item 51: Exemption of Three Program Coordinator Positions in the Department of Information Technology from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
No fiscal impact with this action. These positions are included in the Fiscal Year 2024 Adopted Budget within fund 200448, GIS Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-12)
Introduction of an Ordinance authorizing the exemption of three Program Coordinator positions in the City's Department of Information Technology from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 6, 2023. These positions will be responsible for managing the Citywide Geographic Information System (GIS) licensing, infrastructure, and data editing environments. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Miguel Merrell
ADOPTION AGENDA
Item 52: First Amendment to the Agreement with Kennedy/Jenks Consultants, Inc. (Kennedy/Jenks) for Professional Services for the Design and Construction Support, Contract# H166752, of Alvarado 2nd Extension Pipeline.
Total Estimated Cost of Proposed Action and Funding Source:
The contract funding phases in the amount not-to-exceed $9,376,110.00; of which $748,612.00 is for Phase III, and $3,232,917.00 is for all subsequent phases in CIP S-12013, Alvarado 2nd Extension Pipeline, Water Utility CIP.
Total Amendment amount of $3,981,529.00.
Council District(s) Affected: 2, 7.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/25/2023, item 50 (Council voted 9-0):
(O-2023-207)
Ordinance authorizing the Mayor, or his designee, to execute a fist amendment to Contract H166752 with Kennedy/Jenks Consultants, Inc. for professional CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, September 12, 2023
engineering services for design and construction support for the Alvarado 2nd Extension Pipeline project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on June 21, 2023.
ACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, 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: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
Item 53: First Amendment to the Settlement with San Diego Coastkeeper and Coastal Environmental Rights Foundation Regarding Statewide Industrial Storm Water Permit Order No. 2014-0057-DWQ.
Total Estimated Cost of Proposed Action and Funding Source:
The first amendment to the settlement agreement caps the monitoring fees up to $25,000 per year during the settlement term, with stipulated payments of $1,000 for each missed reporting deadline, to be funded by the Metro Sewer Utility Fund.
Council District(s) Affected: 1, 2, 6, 8.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/25/2023, Item 51 (Council voted 9-0):
(O-2023-209 Cor. Copy 2)
Ordinance authorizing the Mayor, or his designee, to enter into an Amended Consent Decree, and to approve further amendments, provided the amendment only extend the date for the City to meet its compliance obligations, in the matter of San Diego Coastkeeper, et al. v. City of San Diego, U.S. District Court Case No.: 3:18-cv-01757-JM-WVG to amend the term and extend the compliance dates for five City facilities under the National Pollutant Discharge Elimination System Industrial General Permit No. 2014-0057-DWQ. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Public Utilities: Thomas Rosales, (858) 292-6418
City Attorney Contact: Shannon Eckmeyer
Item 54: Exemption of an Assistant Deputy Director, a Principal Accountant and a Program Coordinator Position in the Development Services Department from the Classified Service.
Tuesday, September 12, 2023
Total Estimated Cost of Proposed Action and Funding Source:
These positions are included in the Fiscal Year 2024 adopted budget. The Program Coordinator in Cannabis Business Division is budgeted in the General Fund. The Assistant Deputy Director and Principal Accountant positions are budgeted in the Development Services Department Enterprise Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/25/2023, Item 52 (Council voted 9-0):
(O-2024-1)
Ordinance authorizing the exemption of an Assistant Deputy Director, a Principal Accountant, and a Program Coordinator position in the Development Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 6, 2023. The Assistant Deputy Director position will assist with overseeing the Business Operations and Support Services Division. The Principal Accountant position will oversee accounting activities within the permit tacking system, cashier services, and the City's financial system known as SAP. The Program Coordinator position will develop and coordinate the Cannabis Social Equity Program in the Cannabis Business Division. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
Development Services: Rimah Khouri-Velez, (619) 446-5007 City Attorney Contact: Miguel Merrell
Item 55: First Amendment to the Consulting Agreement with Adam Frank Incorporated for the Presidio Public Art Project (H176944).
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 2.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/25/2023, Item 53 (Council voted 9-0):
(O-2023-148)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Consulting Agreement with Adam Frank, Inc., extending the Consulting Agreement through August 31, 2027, in connection with the Presidio Park Public Art Project.
6 votes required pursuant to Charter Section 99.
Tuesday, September 12, 2023
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
Item 56: Award Amendment #1 to Contract H207152 to Blue Lake Civil for the Design and Construction Support Services of AC Water and Sewer Group Job 1033.
Total Estimated Cost of Proposed Action and Funding Source:
This amendment is in the total amount not-to-exceed $975,270 of which $594,914.70 is from the Water Fund and $380,355.30 is from the Sewer Fund.
Council District(s) Affected: 3.
Proposed Actions:
Adopt the following Ordinance which was introduced on 7/25/2023, Item 60, Subitem-B (Council voted 9-0):
(O-2023-205)
Ordinance authorizing the mayor or his designee to execute Amendment No. 1 to Contract H207152 with Blue Lake Civil for professional engineering services for AC Water And Sewer Group Job 1033 and related actions. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on June 21, 2023.
ACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, 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: Luis Schaar, (858) 627-3220 City Attorney Contact: Adam Wander
Item 57: Bella Mar Apartments – Project No. 631240
Total Estimated Cost of Proposed Action and Funding Source:
Tuesday, September 12, 2023
No City expenditures are being approved with this action. All costs associated with processing of this project are paid through a deposit account by the applicant.
Council District(s) Affected: 8.
Proposed Actions:
This project includes a General Plan amendment to re-designate a 14.62- acre site from Parks, Open Space and Recreation to Residential, a Otay Mesa-Nestor Community Plan amendment to re-designate the site from Open Space to Medium Density Residential, an amendment to the Local Coastal Program removing the site from the Special Study Area in Appendix 1B of the Community Plan and from the Coastal Deferred Certification area, an amendment to San Diego Municipal Code Sections 126.0702 and 132.0402 to re-designate the site in the Coastal Overlay Zone Jurisdiction Map from Coastal Deferred Certification; a Rezone; and adoption of MND No. 631240 and a MMRP for the Bella Mar Apartments project.
Adopt the following Ordinances which were introduced on 7/25/2023, Item 333, Subitem-C and Subitem-D (Council voted 9-0):
Subitem-A: (O-2024-4)
Ordinance changing 14.62-acres located at 408 Hollister Street within the Otay Mesa-Nestor Community Plan area from the OF-1-1 (Open Space - Floodplain) and AR-1-2 (Agricultural - Residential) zones to the RM-2-5 (Residential - Multiple-Unit) zone.
Subitem-B: (O-2024-5)
Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending section 126.0702; and amending Chapter 13, Article 2, Division 4 by amending section 132.0402 relating to the Coastal Overlay Zone Jurisdiction Area and Amending Coastal Development Permit Jurisdiction Map No. C-730-1.
Committee Actions Taken: N/A
Development Services: Martin R. Mendez, (619) 446-5309
City Attorney Contact: Lauren Hendrickson
Item 58: 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:
Tuesday, September 12, 2023
Adopt the following Ordinance which was introduced on 8/1/2023, Item 50 (Council voted 9-0):
(O-2023-204 Cor. Copy)
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 7, 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
Item 59: 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:
Adopt the following Ordinance which was introduced on 8/1/2023, Item 51 (Council voted 9-0):
(O-2024-8)
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.
Tuesday, September 12, 2023
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 60: 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:
Adopt the following Ordinance which was introduced on 8/1/2023, Item 52 (Council voted 9-0):
(O-2024-2)
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 61: 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:
Adopt the following Ordinance which was introduced on 8/1/2023, Item 53 (Council voted 9-0):
Tuesday, September 12, 2023
(O-2024-7 Cor. Copy)
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 62: Second Amendment to Agreement with Jones & Mayer to Provide Continued Legal Services as Panel Outside Counsel.
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 8/1/2023, Item S500 (Council voted 9-0):
(O-2024-9)
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 to exceed 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.
Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-5800 Item 63: An Ordinance Allowing One Additional 180-Day Extension for Building Permit Applications.
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 Tuesday, September 12, 2023
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:
Adopt the following Ordinance which was introduced on 8/1/2023, Item 330 (Council voted 9-0):
(O-2024-6)
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.
Committee Actions Taken: N/A
Development Services: Kelly Charles, (619) 446-5413
City Attorney Contact: Noah Brazier
Tuesday, September 12, 2023
ADOPTION AGENDA
Item 100: Award Construction Contract to Orion Construction Corporation for the Morena Dam Spillway Repair Project.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $4,087,000.00 for a term of 8 months . The agreement will be funded by the Water Utility Operating Fund.
Council District(s) Affected: Outside of City limits.
Proposed Actions:
(R-2024-67)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Orion Construction Corporation, in an amount not-to-exceed $4,087,000.00, to provide construction services, related to the Morena Dam Spillway Near Term Repair Project.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on July 20, 2023.
ACTION: Motion by Vice Chair von Wilpert, 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.
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Justin Stanek
Item 101: Award Construction Contract to Orion Construction Corporation for the El Capitan Dam Spillway Near Term Repair Project (Bid No. K-23- 2126-DBB-3).
Total Estimated Cost of Proposed Action and Funding Source:
The total estimated cost of proposed action is not-to-exceed $4,872,000.
Funding is available within Water Utility Operating Fund.
Council District(s) Affected: Outside of City limits.
Proposed Actions:
(R-2024-68)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Orion Construction Corporation, in an amount not-to-exceed $4,872,000.00, to provide construction services, related to the El Capitan Dam Spillway Near Term Repair project.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, September 12, 2023
Committee Actions Taken:
This item was heard at the Environment Committee meeting on July 20, 2023.
ACTION: Motion by Vice Chair von Wilpert, 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.
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Justin Stanek
Item 102: Award of Agreement with SWT Engineering, Inc. for As-Needed Landfill Engineering and Environmental Consulting Services, H2226092.
Total Estimated Cost of Proposed Action and Funding Source:
Funding will come from the Refuse Disposal Fund, at a cost of $7,500,000.00 over a five-year period.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-69)
Resolution authorizing award of an agreement for as-needed landfill engineering and environmental consulting services to SWT Engineers.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on July 20, 2023.
ACTION: Motion by Vice Chair von Wilpert, second by Committee member Campillo, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campell-yea, Campillo-yea.
Environmental Services: Renee Robertson, (858) 573-1275 City Attorney Contact: Frederick M. Ortlieb
Item 103: Adopting the 2023 Update to the San Diego County Multi-Jurisdiction Hazard Mitigation Plan.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-42)
Resolution adopting the 2023 update to the San Diego County Multi-Jurisdiction Hazard Mitigation Plan.
Tuesday, September 12, 2023
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.
Office of Emergency Services: Hannah Chasteene, (619) 533-6455 City Attorney Contact: Lara Easton
Item 104: Declare Approximately 27,670 Square Feet of the Crystal Pier Structure "Exempt Surplus Land" Pursuant to California Government Code Section 54221(f)(1)(H).
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 1.
Proposed Actions:
Subitem-A: (R-2024-35)
Resolution determining that declaring approximately 27,670 square feet of the Crystal Pier structure in the Pacific Beach area of the City of San Diego is exempt surplus land under the Surplus Land Act is exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15061(b)(3).
Subitem-B: (R-2024-36)
Resolution declaring that approximately 27,670 square feet of the Crystal Pier structure in the Pacific Beach area of the City of San Diego is exempt surplus land under the Surplus Land Act.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on July 13, 2023.
ACTION: Motion by Vice Chair LaCava, second by Committee member Whitburn, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.
Department of Real Estate and Airport Management: Roswitha Sanchez, (619) 236-6721
City Attorney Contact: Delmar Williams
Item 105: Pump Station 1 and 2 Improvements and Modernization Project.
Total Estimated Cost of Proposed Action and Funding Source:
Tuesday, September 12, 2023
$5,200,000 from the Metro CIP Sewer Utility Fund to support project set up and design costs.
Council District(s) Affected: 2, 8.
Proposed Actions:
Subitem-A: (R-2023-427)
Resolution determining that adding CIP L-24000, PS 1 & 2 Improvements and Modernization Project, to the Capital Improvements Program is categorically exempt from the California Environmental Quality Act, pursuant to state CEQA Guidelines Section 15301(B) and Section 15302(C).
Subitem-B: (R-2023-426)
Resolution adding CIP L-24000, PS 1 & 2 Improvements and Modernization Project, to the Capital Improvements Program
Committee Actions Taken:
This item was heard at the Environment Committee meeting on February 9, 2023.
ACTION: Motion by Committee Member Campillo, second by Vice Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.
Public Utilities: Tom Rosales, (858) 292-6418
City Attorney Contact: Adam Wander
Item 106: Ronald Turner and Ruthellen Nackman v. City of San Diego, et al. San Diego Superior Court Case No. 37-2023-00016249-CU-EI-CTL, Claim No 25047.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $95,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-34)
Resolution authorizing the settlement of Ronald Turner and Ruthellen Nackman v. City of San Diego, et al., San Diego Superior Court Case No. 37-2023- 00016249-CU-EI-CTL, related to damages sustained from March to July, 2022, during emergency construction services for the Tuxedo Road Storm Drain Replacement project at 7407 Melotte Street. Risk Claim No. 25047.
Committee Actions Taken: N/A
Office of the City Attorney: Jon Taylor, (619) 235-5898 Tuesday, September 12, 2023
Item 107: Appointments and Reappointment to the Municipal Golf Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 7.
Proposed Actions:
(R-2024-57)
Resolution confirming the Mayor's appointments of Curtis Burkhead and Shawn Cox and reappointment of Marty Block to the Municipal Golf Committee.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 108: Appointment and Reappointments to the Accessibility Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2, 4, 5.
Proposed Actions:
(R-2024-54)
Resolution confirming the Mayor's appointment of Dr. Leticia Zuno and reappointment of Jacqueline Jackson, Wayne Joseph Landon, and Patricia Sieglen-Perry to the Accessibility Advisory Board for terms ending June 30, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 109: Appointment and Reappointments to the Consolidated Plan Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 2, 5, 6.
Proposed Actions:
(R-2024-55)
Resolution confirming the Mayor's appointment of Jordan Beane, for a term ending July 1, 2024, and reappointments of E. Yegin Chen, Lauren Balcita Tuesday, September 12, 2023
Garces, and Smith Sirisakorn, for terms ending July 1, 2025, to the Consolidated Plan Advisory Board.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 110: Reappointment to the Commission on Gang Prevention and Intervention.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3.
Proposed Actions:
(R-2024-56)
Resolution confirming the Mayor's reappointment of Maria Fernanda Ezquerro, for a term ending July 1, 2025, to the Commission on Gang Prevention and Intervention.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 111: Resolution Excusing Councilmember Raul Campillo 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-2024-58)
Resolution excusing the absence of Councilmember Raul Campillo from City Council and Council Committee meetings from October 9 through December 1, 2023.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 7: Carrie Shah, (619) 533-5906
City Attorney Contact: Kathy Steinman
Item S500: Settlement of Kekoa Young v. City of San Diego, et al.: SDSC 37-2020- 00017371-CU-PA-CTL, Claim No. 23099. (Added 9/6/23)
Tuesday, September 12, 2023
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $2,300,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-52)
Resolution authorizing the settlement of Kekoa Young v. City of San Diego, et al.: SDSC 37-2020-00017371-CU-PA-CTL, related to a claim for personal injuries sustained on July 11, 2019, as a result of vehicle accident that occurred on Myrtle Avenue at the intersection with Utah Street. Risk Claim No. 23099.
Committee Actions Taken: N/A
Office of the City Attorney: Rayna Stephan, (619) 533-5818 Item S501: Settlement of Elante Shine v. City of San Diego, et al., United States District Court No. 20cv2036-LAB-DEB, Claim No. 25137. (Added 9/6/23)
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $875,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-46)
Resolution authorizing the settlement of Elante Shine v. City of San Diego, et al., United States District Court No. 20cv2036-LAB-DEB, related to the arrest and use of force on Plaintiff Elante Shine on December 14, 2019. Claim No. 25137.
Committee Actions Taken: N/A
Office of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486 Item S502: Settlement of Enrique Rios v. City of San Diego, et al., San Diego Superior Court No. 37-2021-00006880-CU-PA-CTL, Claim No. 25661. (Added 9/6/23)
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $250,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-62)
Tuesday, September 12, 2023
Resolution authorizing the settlement of Enrique Rios v. City of San Diego, et al., San Diego Superior Court Case No. 37-2021-00006880-CU-PA-CTL, related to a claim for personal injuries sustained on August 14, 2020, as a result of a motor vehicle accident at the intersection of Barnes Canyon Road and Lusk Boulevard, Risk Claim No. 25661.
Committee Actions Taken: N/A
Office of the City Attorney: Michelle T. Neff, (619) 533-5834 Item S503: Settlement of James Johnson v. City of San Diego; San Diego Superior Court No. 37-2021-0000027982-CU-OE-CTL, Claim No. 26819. (Added 9/6/23)
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $97,975.00 will be paid from Metro Sewer Utility Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-45 Cor. Copy) (Rev. 9/7/23)
Resolution authorizing the settlement of James Johnson v. City of San Diego; San Diego Superior Court No. 37-2021-0000027982-CU-OE-CTL related to the wrongful termination of a Wastewater Treatment Plant Operator with the Public Utilities Department (PUD) alleging unlawful discrimination and unsafe work conditions. Claim No. 26819.
Committee Actions Taken: N/A
Office of the City Attorney: Paul H. James, (619) 533-5454 Tuesday, September 12, 2023
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Sushi Deli Day.
MAYOR GLORIA AND COUNCILMEMBER LEE'S RECOMMENDATION:
Proclaiming September 12, 2023, to be “Sushi Deli Day” in the City of San Diego.
Item 31: 92123 Day.
MAYOR GLORIA AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming September 21, 2023, to be “92123 Day” in the City of San Diego.
Item 32: Childhood Cancer Awareness Month.
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
Proclaiming September 2023, to be “Childhood Cancer Awareness Month” in the City of San Diego.
Item 33: National Service Dog Month.
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
Proclaiming September 2023, to be “National Service Dog Month” in the City of San Diego.
Item 34: Bandar Restaurant Day.
COUNCILMEMBER WHITBURN'S RECOMMENDATION:
Proclaiming September 12, 2023, to be “Bandar Restaurant Day” in the City of San Diego.
Item 35: Linda Vista Second Baptist Church 80th Anniversary Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming September 17, 2023, to be “Linda Vista Second Baptist Church 80th Anniversary Day” in the City of San Diego.
Item S504: The Gap Minders Day. (Added 9/7/23)
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming September 18, 2023 to be “The Gap Minders Day” in the City of San Diego.
Tuesday, September 12, 2023
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
Tuesday, September 12, 2023
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
Item 330: Application and Acceptance of $2,000,000 in Grant Funds for Restoration of the Camino De La Costa Stairs.
This item will be considered in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source:
$2,000,000 in State grant funds for Camino de la Costa Stairs.
Council District(s) Affected: 1.
Proposed Actions:
(R-2023-829)
Resolution authorizing the Mayor, or his designee, to make an application to the California Coastal Conservancy Grant Program and to accept, appropriate, and expend an amount not to exceed $2,000,000 in Grant Program funding for the restoration of the Camino de la Costa Stairs, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; authorizing the Chief Financial Officer to increase the Capital Improvements Program (CIP) Budget in CIP AGF00006 (Coastal Erosion and Access), and for all related actions. (Rev. 9/7/23)
Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
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, September 12, 2023
TUESDAY, SEPTEMBER 12, 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 331: Creation of Underground Utility Districts for Normal Heights (3DD), Jamacha-Lomita (4Y1), and Egger Highlands (8R1) and the Adoption of Final Mitigated Negative Declaration for the FY16 Allocation Undergrounding Utility Districts (Project No. 463483).
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 total estimated cost for these projects is approximately $58.4 million. The electrical utility work, estimated at $51.6 million, will be fully funded by the Surcharge Fund 200217. Other costs for administration, streetlight replacement, street resurfacing, and other related work, estimated at $6.8 million, will also be paid for by the Surcharge Fund.
Council District(s) Affected: 4, 8, 9.
Proposed Actions:
UUP District formation step 1 – calling a public hearing:
Subitem-A: (R-2024-70)
Resolution fixing time and place for a public hearing to determine whether the public health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service in the specified District areas, and directing the City Clerk to provide notice to affected persons and utility companies.
UUP District formation step 2 – at a later date set by step 1, vote to approve MND and form district after hearing conducted.
Subitem-B: (R-2024-72)
Resolution Adopting Mitigated Negative Declaration No. 463483 and Adopting the Mitigation, Monitoring, and Reporting Program for the FY16 Allocation Undergrounding Utilities Districts.
DISCUSSION, NOTICED HEARINGS:
Tuesday, September 12, 2023
Subitem B will be heard at a later date. (Rev. 9/6/23)
Subitem-C: (R-2024-71)
Resolution determining that the creation of the described District is in the public interest and necessary for public health, safety, or general welfare; declaring the District to be a utility underground district; authorizing the Mayor or his designee to establish an undergrounding schedule for the District; instructing the Mayor or his designee to notify all affected persons and utility companies of the provisions of the District schedule once adopted; and directing the City Clerk to file a Notice of Determination with the Clerk of the Board of Supervisors for the County of San Diego regarding the Districts.
Subitem C will be heard at a later date. (Rev. 9/6/23)
Committee Actions Taken: N/A
Transportation Department: James Nabong, (619) 533-3721 City Attorney Contact: Ryan P. Gerrity
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, September 12, 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, September 12, 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)