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, OCTOBER 17, 2023, AT 10:00 AM and 2:00 PM
Tuesday, October 17, 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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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。
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오.
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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, OCTOBER 17, 2023 AT 10:00 AM
Tuesday, October 17, 2023
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
APPROVAL OF COUNCIL MINUTES
9/25/2023 Adjourned
9/26/2023
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 50: Request to Exempt One Program Coordinator Position in the Human Resources Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
Grant funds of $50,000 will be used to partially offset costs of one (1) full-time employee (FTE) in the City of San Diego Human Resources Department to serve as internal and external liaison to San Diego's military and Veteran communities.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-28)
Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the City’s Human Resources Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 1, 2023. This position will be responsible for overseeing the City's Veteran Engagement Program. This Action is brought under San Diego Charter section 117(a)(17).
Committee Actions Taken: N/A
Human Resources: Jon Terwilliger, (619) 235-5715
City Attorney Contact: Miguel Merrell
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, October 17, 2023
Item 51: Approval of NEOGOV Contract Extension to August 2024.
Total Estimated Cost of Proposed Action and Funding Source:
Total service cost from 8/19/2023-8/18/2024 will be $118,510.15.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-20)
Introduction of an Ordinance approving the extension of an employee recruitment and applicant tracking contract with NEOGOV. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee on September 13, 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.
Personnel: Christia Davis, (619) 236-6665
City Attorney Contact: Thomas J. Brady
ADOPTION AGENDA
Item 52: Master Lease Agreement to Finance Three Police Helicopters with Mission Configuration Installation.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the "Fiscal Considerations" section of the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/2/2023, Item 201 (Council voted 9-0):
CONSENT, ORDINANCES TO BE ADOPTED
Tuesday, October 17, 2023
(O-2024-22)
Ordinance approving the City of San Diego’s Master Lease Agreement with Banc of America Public Capital Corporation for the purpose of financing the purchase of three police helicopters with mission configuration installation in an amount not to exceed $16,000,000 and declaring its official intent to reimburse itself from the proceeds of tax-exempt lease-purchase obligations. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Committee meeting on September 13, 2023.
ACTION: Motion by Vice Chair Moreno, second by Chair Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: Marguerite Middaugh
Item 53: Extension of the Lexis Nexis Contract and Approval of Amendment No.
4. Total Estimated Cost of Proposed Action and Funding Source:
This action is to extend the agreement for four years until December 31, 2027 and increase the not-to-exceed (NTE) amount by $400,000. This amount will be expended across five fiscal years, $50,000 in FY24, $100,000 in FY25, $100,000 in FY26, $100,000 in FY27 and $50,000 in FY28. The annual not-to-exceed amount is budgeted in the City Treasurer’s General Fund budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/3/2023, Item 50 (Council voted 9-0):
(O-2024-19)
Ordinance authorizing Amendment No. 4 to an Agreement for Services with LexisNexis Risk Solutions Fl, Inc.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget & Government Efficiency Committee meeting on September 13, 2023.
Tuesday, October 17, 2023
ACTION: Motion by Vice Chair Moreno, second by Committee member Lee, 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 Treasurer: Jonathan Carey, (619) 533-3610 City Attorney Contact: Bret A. Bartolotta
Item 54: Award Construction Contract #K-23-2168-DBB-3-C to J.R. Filanc Construction Co., Inc. and Issue First Amendment to the Consultant Agreement (H186974) with Kleinfelder Inc. for Professional Services for the Lakeside Valve Station Replacement Project.
Total Estimated Cost of Proposed Action and Funding Source:
The Construction contract total amount not to exceed is $43,981,000.00; of which $15,000,000.00 is for the first phase and $28,981,000.00 is for all subsequent phases. The amendment to Consultant Agreement H186974 is not to exceed $955,983. Funding for the construction contract and consultant amendment will be from CIP S-22003, Lakeside Valve Station, Water Utility Funds.
Council District(s) Affected: Outside of City limits.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/3/2023, Item 60, Subitem-C (Council voted 9-0):
(O-2024-21 Cor. Copy) (Rev. 10/13/2023)
Ordinance authorizing the execution of the first amendment to the agreement for professional services with Kleinfelder Inc. for design and construction support services of the Lakeside Valve Station Replacement 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 September 13, 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: Jason Grani, (619) 533-7525 City Attorney Contact: Adam Wander
Tuesday, October 17, 2023
ADOPTION AGENDA
Item 100: Resolution Approving a Side Letter Agreement to Amend Article 21 of the Memorandum of Understanding Between the City of San Diego and the San Diego Municipal Employees Association Related to Notary Pay and Library Special Assignment Pay.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed action has no financial impact.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-124)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 21 of the Memorandum of Understanding related to Library Special Assignment Pay and Notary Pay.
6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 218-7439
City Attorney Contact: Miguel Merrell
Item 101: Resolution Approving a Side Letter Agreement to Amend the MOU Between the City and Local 127 Related to Special Assignment Pay for Street Lighting Electricians and Traffic Signal Technicians.
Total Estimated Cost of Proposed Action and Funding Source:
Based on the number of employees who are currently eligible to receive the additional compensation, the anticipated financial impacts in Fiscal Year 2024 is approximately $4,432. The department will absorb the cost through its operating budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-126)
Resolution approving a Side Letter Agreement between the City of San Diego and the American Federation of State, County and Municipal Employees, AFLCIO, Local 127, to amend Article 14 of the Memorandum of Understanding CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, October 17, 2023
related to Special Assignment Pay for Street Lighting Electricians and Traffic Signal Technicians.
6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Linda Chambers, (619) 951-6896
City Attorney Contact: Miguel Merrell
Item 102: Resolution Approving a Side Letter Agreement to Amend Article 21 of the MOU Between the City and MEA Related to Special Assignment Pay for Traffic Signal Supervisors and Public Works Superintendents.
Total Estimated Cost of Proposed Action and Funding Source:
Based on the number of employees who are currently eligible to receive the additional compensation, the anticipated financial impacts in Fiscal Year 2024 is approximately $16,796. The departments will absorb the cost through their operating budgets.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-125)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 21 of the Memorandum of Understanding related to Special Assignment Pay for Traffic Signal Supervisors and Public Works Superintendents.
6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Linda Chambers, (619) 951-6896
City Attorney Contact: Miguel Merrell
Tuesday, October 17, 2023
Item 103: Resolution Approving the First Amendment to Agreement Between the City of San Diego and the San Diego Police Officers Association Regarding the Lateral and Recruitment Incentive Programs in the Police Department.
Total Estimated Cost of Proposed Action and Funding Source:
The fiscal impact is estimated not-to-exceed $400,000 in the General Fund in Business Area 1914.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-116)
Resolution approving the First Amendment to the Agreement between the City of San Diego and the San Diego Police Officers Association related to the Lateral Police Officer II Incentive Program and the Police Officer Recruitment Incentive Program.
Committee Actions Taken: N/A
Human Resources: Walter Castillo, (619) 519-1975
City Attorney Contact: Miguel Merrell
Item 104: Authorization to Accept Grant Funding for the San Diego Police Department Officer Wellness and Mental Health Program.
Total Estimated Cost of Proposed Action and Funding Source:
The total revenue is $1,263,047. There are no cost share requirements. The grant funds have been received and deposited in a grant fund. Expenditures will be reviewed and validated by the Police Department Grants team, and a final report will be submitted to the Board of State and Community Corrections by December 2025. There is no requirement for continued expenditures or services once grant funding is depleted or terminated.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-114)
Resolution authorizing the Mayor, or his designee, to accept, appropriate and expend funding from the California Board of State and Community Corrections for the San Diego Police Department Officer Wellness and Mental Health Program.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on September 20, 2023.
Tuesday, October 17, 2023
ACTION: Motion by Committee Member Campillo, second by Chair von Wilpert, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; von Wilpert-yea, Montgomery Steppe-yea, Campillo-yea, Campbellnot present.
Police: Jose Luis Romo, (619) 531-2739
City Attorney Contact: Laura DePoister
Item 105: Second Amendment to the Lease at 600 B Street Between the City of San Diego and 600 B Street San Diego Owner, LLC, a Delaware Limited Liability Company.
Total Estimated Cost of Proposed Action and Funding Source:
Base rent not-to-exceed $6,313,042.50 in base rent and approximately $394,013.00 in operating expenses. 70% of expenses will be paid out of the Emergency Medical Services Fund and 30% will be paid out of the General Fund.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2024-122)
Resolution determining that approval of that certain Second Amendment to Office Lease between 600 B Street San Diego Owner, LLC, a Delaware limited liability company, and the City of San Diego is categorically exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15301.
Subitem-B: (R-2024-121)
Resolution approving that certain Second Amendment to Office Lease between 600 B Street San Diego Owner, LLC, a Delaware limited liability company, and the City of San Diego.
Committee Actions Taken:
This item was heard at the Land Use and Housing Commitee on September 21, 2023.
ACTION: Motion by Vice Chair LaCava, second by Chair Moreno, 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: Karen Johnson, (619) 236- 6191
City Attorney Contact: Delmar Williams
Tuesday, October 17, 2023
Item 106: Lease at 9325 Sky Park Court, Suite 100, San Diego, CA 92123 Between City of San Diego and AG-PCPI Sky Park Owner, LP, a Delaware Limited Partnership.
Total Estimated Cost of Proposed Action and Funding Source:
Base Rent not-to-exceed $4,269,019.73 and estimated operating expenses of $1,201,663 to be paid out of the General Fund.
Council District(s) Affected: 7.
Proposed Actions:
Subitem-A: (R-2024-120)
Resolution determining that approval of that certain Office Lease between AGPCPI Sky Park Owner, L.P., a Delaware limited partnership, and the City of San Diego is categorically exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15301.
Subitem-B: (R-2024-119)
Resolution approving that certain Office Lease between AG-PCPI Sky Park Owner, L.P., a Delaware limited partnership, and the City of San Diego.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on September 21, 2023.
ACTION: Motion by Vice Chair LaCava, second by Chair Moreno, 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: Karen Johnson, (619) 236- 6191
City Attorney Contact: Delmar Williams
Item 107: Settlement of Thomas Keith Bell, et al. v. City of San Diego, et al.: San Diego Superior Court No. 37-2023-00003890 CU-PO-CTL, Claim No. 30595.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $1,750,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-103)
Tuesday, October 17, 2023
Resolution authorizing the settlement of Thomas Keith Bell, et al. v. City of San Diego, et al., San Diego Superior Court No. 37-2023-00003890 CU-PO-CTL, related to a claim of personal injury arising out of a pedestrian vs. automobile accident that occurred on July 26, 2022, at 15004 Innovation Drive, San Diego.
Risk Claim No. 30595.
Committee Actions Taken: N/A
Office of the City Attorney: Rayna A. Stephan, (619) 533-5818 Item 108: Settlement of Patricia Flores et al. v. City of San Diego, San Diego Superior Court Case No. 37-2017-00049108-CU-PA-CTL, Claim No. 16983.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $800,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-104)
Resolution authorizing the settlement of Patricia Flores et al. v. City of San Diego, San Diego Superior Court Case No. 37-2017-00049108-CU-PA-CTL, related to claims of wrongful death and personal injuries sustained on March 26, 2017. Claim No. 16983.
Committee Actions Taken: N/A
Office of the City Attorney: Jacqueline J. McQuarrie, (619) 533-5910 Tuesday, October 17, 2023
Item 109: Settlement of Deovante Guy v. City of San Diego, et al., United States District Court Case No. 3:20-cv-2027 BAS-BLM, Claim No. 21799.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $8,000,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-105)
Resolution authorizing the settlement of Deovante Guy v. City of San Diego, et al., United States District Court Case No. 3:20-cv-2027 BAS-BLM, related to a claim for personal injuries sustained on February 28, 2019, as a result of an automobile accident at the intersection of Rosecrans and Midway in the City of San Diego. Risk Claim No. 21799.
Committee Actions Taken: N/A
Office of the City Attorney: Jacqueline J. McQuarrie, (619) 533-5910 Item 110: Balboa Park International Cottages Electrical Upgrades.
Total Estimated Cost of Proposed Action and Funding Source:
$567,613.40 of Regional Park Improvement Fund will be allocated to Balboa Park International Cottages Electrical Survey.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2024-113)
Resolution determining that reallocating Regional Park Improvement funds to a new subproject for the Balboa Park International Cottages Electrical Study is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301(c), 15302, and 15306.
Subitem-B: (R-2024-112)
Resolution authorizing the Chief Financial Officer to reallocate and expend $567,613.40 in Regional Park Improvement Funds to a new subproject – CIP P24000 Balboa Park International Cottages Electrical Study; and for all related actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on September 13, 2023.
ACTION: Motion by Chair Lee, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
Tuesday, October 17, 2023
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: LGBTQ+ History Month.
MAYOR GLORIA, COUNCILMEMBER CAMPBELL, COUNCILMEMBER WHITBURN, AND COUNCILMEMBER VON WILPERT’S RECOMMENDATION:
Proclaiming October 2023 “LGBTQ+ History Month” in the City of San Diego.
Item 31: Pastor Milton “Marty” Martin Jr. Day.
Tuesday, October 17, 2023
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE’S RECOMMENDATION:
Proclaiming October 22, 2023, to be “Pastor Milton “Marty” Martin Jr. Day” in the City of San Diego.
Item S500: National Immigrants Day. (Added 10/11/2023)
COUNCILMEMBER LACAVA’S RECOMMENDATION:
Proclaiming October 28, 2023, to be “National Immigrants Day” in the City of San Diego.
Item S501: Cesar A. Solis Day. (Added 10/11/2023)
COUNCILMEMBER MORENO’S RECOMMENDATION:
Proclaiming October 17, 2023, to be “Cesar A. Solis Day” in the City of San Diego.
Item S502: Miramar Ranch 50th Annual Halloween Carnival Day. (Added 10/12/2023)
COUNCILMEMBER VON WILPERT’S RECOMMENDATION:
Proclaiming October 21, 2023, to be "Miramar Ranch 50th Annual Halloween Carnival Day” in the City of San Diego.
Tuesday, October 17, 2023
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
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, OCTOBER 17, 2023 AT 2:00 PM
ROLL CALL
Tuesday, October 17, 2023
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: Proposed Response to the Grand Jury Report: "When Will My Street Be Paved? City of San Diego's Street Paving Challenges".
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: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-130 Cor. Copy) (Rev. 10/12/2023)
Resolution approving the City Council's response to the 2022/2023 San Diego County Grand Jury Report titled "When Will My Street Be Paved? City of San Diego's Street Paving Challenges."
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on September 13, 2023.
ACTION: Motion by Committee Member von Wilpert, second by Vice Chair LaCava, to recommend approval of staff's proposed actions with the following amendments:
1. In response to Finding 01: Add additional information about the cost escalations of street paving through the pandemic.
2. In response to Recommendation 23-106: Modify this section to include a commitment for the Council to consider an Ordinance or Policy that requires funding of an updated Street Condition Assessment every four years. This should be an Ordinance or policy that can be waived by the Council should budgetary circumstances warrant, however it would require a proactive waiver of the funding, should a future Council choose to defer funding for an upcoming street condition assessment. Additionally, request that the Independent Budget Analyst's Office work with the City Attorney’s Office to develop this potential ordinance or policy and bring it back to the Active Transportation & Infrastructure Committee for consideration.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, October 17, 2023
Office of the Independent Budget Analyst: Jordan More, (619) 236-6445 City Attorney Contact: Cassandra Mougin
Item 331: Authorize the Use of City Forces and Authorize Construction and PostConstruction Funds for CIP S-24008 SD East of Rachael Ave SWD.
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:
Please see fiscal considerations section of the staff report.
Council District(s) Affected: 4.
Proposed Actions:
Subitem-A: (R-2024-115 Cor. Copy) (Rev. 10/12/2023)
Resolution adopting an Addendum to Municipal Waterways Maintenance Plan Environmental Impact Report No. 616992 and adopting the Mitigation, Monitoring, and Reporting Program for the Stormdrain East of Rachael Avenue Realignment Project No. 706873.
Subitem-B: (R-2024-110 Cor. Copy) (Rev. 10/12/2023)
Resolution authorizing the use of City Forces to complete construction of CIP S24008, SD East Of Rachael Ave SWD and appropriation and expenditure of Capital Improvements Program budget funds for City Force related expenses, construction, and related activities.
Committee Actions Taken: N/A
Stormwater Department: Sumer Hasenin, (858) 541-4336
City Attorney Contact: Jeanne MacKinnon
ADOPTION AGENDA
Item 332: 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 DISCUSSION, NOTICED HEARINGS:
Tuesday, October 17, 2023
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:
Subitem-A: (R-2024-72 Cor. Copy) (Rev. 10/11/2023)
Resolution Adopting Mitigated Negative Declaration No. 463483 and Adopting the Mitigation, Monitoring, and Reporting Program for the FY16 Allocation Undergrounding Utilities Districts.
Subitem-B: (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.
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
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 Tuesday, October 17, 2023
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
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 Tuesday, October 17, 2023
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)