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 31, 2023, AT 10:00 AM and 2:00 PM
Tuesday, October 31, 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.
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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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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.
OTHER LEGISLATIVE MEETINGS
Tuesday, October 31, 2023
The SAN DIEGO HOUSING AUTHORITY is scheduled to meet today. A separate agenda is published for it, and is available online and in the Kiosk located in front of the City Administration Building, 202 C Street SD, CA 92101. For more information, please contact the Housing Authority Secretary at (619) 578-7550. Internet access to the agenda is available at:
https://sdhc.org/governance-legislative-affairs/housing-authority-of-the-city-of-sandiego/meeting/ TUESDAY, OCTOBER 31, 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
10/2/2023
10/3/2023
Tuesday, October 31, 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: Approval of the First Amendment to the Master Service Agreement Between the City of San Diego and Zensar Technologies, Inc. for Network Services.
Total Estimated Cost of Proposed Action and Funding Source:
Funding for this contract will come from both General and Non-General Funds.
Total cost: $159,206,654
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-34)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Master Services Agreement for Network Services with Zensar Technologies, Inc.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 18, 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.
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Steven Lastomirsky
Item 51: Exempt One (1) Supplemental Program Manager Position in the Parks and Recreation Department From the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
$248,044 annual cost with fringe. Any costs for FY 24 will be covered by salary savings in the Parks and Recreation Department in the General Fund.
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, October 31, 2023
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-29)
Introduction of an Ordinance authorizing the exemption of a Program Manager position in the City's Parks and Recreation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on July 6, 2023. This position will be responsible for overseeing the Grants and CIP Administration Section. This Action is brought under San Diego Charter section 117(a)(17).
Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Miguel Merrell
Item 52: Pure Water – Owner Controlled Insurance Program – First Amendment to the Agreement with AON Risk Insurance Services West, Inc. for the Owner Controlled Insurance Program (OCIP) – RFP 10089372-18-V.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost of this amendment is $886,772.04, which will bring the total cost for this agreement to $1,886,522.04. The total cost estimated to be spent in FY24 is $164,016.71. $62,326.35 will come from Metro Sewer Utility Fund, and $101,690.36 will come from Water Utility Operating Fund. The remaining four years of the agreement is expected to be $722,755.33 with $274,647.03 from Metro Sewer Utility Fund and $448,108.30 from Water Utility Operating Fund.
Council District(s) Affected: 1, 2, 3, 5, 6, 7.
Proposed Actions:
(O-2024-33)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Agreement with AON Risk Insurance Services West, Inc., for the Owner Controlled Insurance Program in connection with the Pure Water Phase 1 Program for an amount not-to-exceed $886,772.04, and to extend the term of the Agreement an additional five years. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 12, 2023.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.
Tuesday, October 31, 2023
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-not present.
Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
ADOPTION AGENDA
Item 53: Exemption of Program Manager Position in SDCERS from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
The funding for this position is included with the SDCERS budget.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/10/2023, Item 50 (Council voted 6-0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present, Councilmember Moreno-not present):
(O-2024-25)
Ordinance authorizing the exemption of a Program Manager position in the San Diego City Employees' Retirement System Department from the Classified Service. This position will be responsible for overseeing the Benefits Administration Section. This Action is brought under San Diego Charter Section 117(a)(17).
Committee Actions Taken: N/A
SDCERS: Colin Brazile, (619) 525-3630
City Attorney Contact: Miguel Merrell
Item 54: Amendment to the Municipal Code to Allow Industrial Wastewater Control Program to Accept an Electronic Signature for Regulatory Submittals.
Total Estimated Cost of Proposed Action and Funding Source:
No Funding.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/10/2023, Item 51 (Council voted 6-0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present, Councilmember Moreno-not present):
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, October 31, 2023
(O-2024-26)
Ordinance amending Chapter 6, Article 4, Division 5, of the San Diego Municipal Code by adding new Section 64.0521, relating to an electronic transaction and reporting system for the Industrial Wastewater Control Program.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on September 14, 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: Joy Newman, (858) 654-4106
City Attorney Contact: Justin Stanek
Tuesday, October 31, 2023
Item 55: First Amendment to Agreement with Hugo Parker, LLP to Provide Continuing Legal Services for Cadena v. City of San Diego.
Total Estimated Cost of Proposed Action and Funding Source:
Total contract amount not-to-exceed $500,000.00. For Fiscal Year 2024, an estimated amount of $100,000.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/10/2023, Item 330 (Council voted 6-0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present, Councilmember Moreno-not present):
(O-2024-23)
Ordinance authorizing the First Amendment to the legal services agreement between the City and Hugo Parker, LLP to increase the total amount of time under the contract beyond four years, for a period not to exceed six years and to increase the total not-to-exceed amount to $500,000.00 from $300,000.00.
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 Cadena 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: Jim McNeill, (619) 236-7722 City Attorney Contact: Shawn Robinson
Item 56: 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:
Adopt the following Ordinance which was introduced on 10/17/2023, Item 50 (Council voted 7-0, Councilmember Campillo-not present, Councilmember Moreno-not present):
(O-2024-28)
Tuesday, October 31, 2023
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
Item 57: 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:
Adopt the following Ordinance which was introduced on 10/17/2023, Item 51 (Council voted 7-0, Councilmember Campillo-not present, Councilmember Moreno-not present):
(O-2024-20)
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 100: Settlement of Rosa Calva-Garcia v. City of San Diego, et al., United States District Court No. 22cv01478-MMA-SBC. Risk Claim No. 25062.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, October 31, 2023
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $325,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-117)
Resolution authorizing the settlement of Rosa Calva-Garcia v. City of San Diego, et al., United States District Court No. 22cv01478-MMA-SBC, related to injuries sustained during an arrest for assault with a deadly weapon on May 23, 2020.
Risk Claim No. 25062.
Committee Actions Taken: N/A
Office of the City Attorney: Gary D. Leasure, (619) 533-5883 Item 101: Settlement of Arthur Aragon v. City of San Diego, San Diego Superior Court No. 37-2019-00063223-CU-PO-CTL, Claim No. 22308.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $131,250.00 will be paid from the Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-118)
Resolution authorizing the settlement of Arthur Aragon v. City of San Diego, San Diego Superior Court 37-2019-00063223-CU-PO-CT, related to a claim for personal injuries sustained on October 27, 2018 as a result of an unsecured handrail on a ramp at the San Diego County Credit Union Stadium. Risk Claim No. 22308.
Committee Actions Taken: N/A
Office of the City Attorney: Kelly L. McGeehan, (619) 533-5884 Item 102: Settlement of Felix Gutierrez Perez v. City of San Diego, United States District Court No. 22-cv-0712-BEN-DDL, Claim No. 26195.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $70,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-98)
Tuesday, October 31, 2023
Resolution authorizing the settlement of Felix Gutierrez Perez v. City of San Diego, United States District Court No. 22-cv-0712-BEN-DDL, related to a bite by a police K9 on Plaintiff Felix Gutierrez Perez on November 19, 2020. Risk Claim No. 26195.
Committee Actions Taken: N/A
Office of the City Attorney: Blair B. McGregor, (619) 533-5570 Item 103: Appointment to the La Jolla Shores Planned District Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized for this action.
Council District(s) Affected: 1.
Proposed Actions:
(R-2024-134)
Resolution confirming the Mayor's appointment of Sherri Lightner for a term ending April 1, 2025, to the La Jolla Shores Planned District Advisory Board.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 104: Appointments and Reappointments to the Small Business 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, 3, 8.
Proposed Actions:
(R-2024-133)
Resolution confirming the Mayor's appointments of Vallery Belloso, Jenna Hanson, and Sunny Lee and reappointments of Austin Evans, Sarah Mattinson, Ania Kaminska, and Natasha Salgado to the Small Business Advisory Board for terms expiring July 1, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Tuesday, October 31, 2023
Item 105: Appointments and Reappointment to the Human Relations Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 5, 6.
Proposed Actions:
(R-2024-132)
Resolution confirming the Mayor's appointments of Marshall Fields III, Sara Brown and the reappointment of Kathleen Moehlig to the Human Relations Commission for terms ending July 22, 2026
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 106: Appointments and Reappointments to the Youth Commission.
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, 3, 5, 6, 7, 8, 9.
Proposed Actions:
(R-2024-142)
Resolution confirming the Mayor's appointments of Sienna Duggan, Maya Isabel Cohen-Goncalves, Mohamed Libasse Mbengue, Lara Mertens, Kayla Ruthven, Aidan Yun-Jen Lin, Isabelle Marie Santos, Emily Wong, and Charlie Nieto and reappointment of Jesus Martin Gallegos-Munoz, for terms ending July 1, 2024, to the Youth Commission.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 107: Resolution Excusing Councilmember Stephen Whitburn from the City Council Meetings Held on October 9, 2023 and October 10, 2023.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-136 Cor. Copy)
Tuesday, October 31, 2023
Resolution excusing the absence of Councilmember Stephen Whitburn from the City Council meetings of October 9 and 10, 2023.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 3: Codi Vierra, (619) 236-6633
City Attorney Contact: Kathy Steinman
Item S501: Appointments to the Balboa Park Committee. (Added 10/27/23) 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-2024-147)
Resolution confirming the Mayor's appointments of Allison Soares and Dr. Mary McKenzie to the Balboa Park Committee for terms expiring March 1, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (PRESENTED AT THE MEETING) Item 30: Recognition of the 2023 City of San Diego Employees National University and California Coast Credit Union Scholarship Winners.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Recognition of the 2023 City of San Diego Employees National University and California Coast Credit Union Scholarship Winners.
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 31: Ageism Awareness Day.
COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM
MONTGOMERY STEPPE, COUNCILMEMBER VON WILPERT, AND
COUNCILMEMBER MORENO'S RECOMMENDATION:
Tuesday, October 31, 2023
Proclaiming October 17, 2023, to be “Ageism Awareness Day” in the City of San Diego.
Item 32: San Diego Legends of Hip Hop Day.
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming November 5, 2023, to be “San Diego Legends of Hip Hop Day” in the City of San Diego.
Item 33: IC Rod Laver Junior Challenge Worldwide Finals Week.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming November 7-11, 2023, to be “IC Rod Laver Junior Challenge Worldwide Finals Week” in the City of San Diego.
Item 34: Día de los Muertos Day.
COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
Proclaiming November 2, 2023, to be “Día de los Muertos Day” in the City of San Diego.
Tuesday, October 31, 2023
Item 35: Domestic Violence Awareness Month.
CITY ATTORNEY ELLIOTT, COUNCILMEMBER CAMPBELL AND
COUNCILMEMEBER VON WILPERT’S RECOMMENDATION:
Proclaiming October 2023, to be “Domestic Violence Awareness Month” in the City of San Diego.
Item 36: Remembering the 2003 Cedar Fire Day.
COUNCILMEMBER VON WILPERT AND COUNCILMEMBER LEE’S
RECOMMENDATION:
Proclaiming October 25, 2023, to be “Remembering the 2003 Cedar Fire Day” in the City of San Diego.
Item 37: 24th Annual San Diego Asian Film Festival Week.
COUNCILMEMBER LEE'S RECOMMENDATION:
Proclaiming November 2 – November 11, 2023, to be the “24th Annual San Diego Asian Film Festival Week” in the City of San Diego.
Item S500: Earl B. Gilliam Bar Foundation Day. (Added 10/25/23) COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:
Proclaiming November 4, 2023, to be “Earl B. Gilliam Bar Foundation Day” in the City of San Diego.
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
Tuesday, October 31, 2023
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
Item 330: Appointments to the Ethics Commission.
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:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2, 3
Proposed Actions:
(R-2024-131)
Resolution confirming the Mayor's appointment of Deval Zaveri and William Gore to the Ethics Commission for terms expiring June 30, 2027.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
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 31, 2023
TUESDAY, OCTOBER 31, 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: Calling a Municipal Primary Election and a Municipal Special Election in the City of San Diego to be Held on Tuesday, March 5, 2024 and Consolidating Elections with the California State Presidential Primary Election.
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 note that the financial information associated with this item represents the initial budgeted amount of $4,212,979.00 within FY 2024 Citywide Elections Expenditures. Final election costs will be calculated based on the total number of participating jurisdictions, the number of items placed on the ballot, and may differ from the information included here.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2024-31)
Introduction and adoption of an Ordinance calling a Municipal Primary Election in the City of San Diego on Tuesday, March 5, 2024, and consolidating the Municipal Primary Election with the California State Presidential Primary Election to be held on the same date, for the purpose of electing candidates for the office of the Mayor, office of the City Attorney, and offices of Council Districts 1, 3, 5, 7, and 9.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2024-138)
DISCUSSION, ORDINANCES TO BE INTRODUCED AND ADOPTED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, October 31, 2023
Resolution requesting the consolidation of a Municipal Primary Election to be held in the City of San Diego on Tuesday, March 5, 2024, with the California State Presidential Primary Election to be held on the same date.
Subitem-B is not subject to the Mayor's veto.
Subitem-C: (O-2024-30)
Introduction and adoption of an Ordinance calling a Municipal Special Election in the City of San Diego on Tuesday, March 5, 2024, for the purpose of submitting to the qualified voters of the City one or more ballot measures; and consolidating the Municipal Special Election with the California State Presidential Primary Election to be held on the same date.
Subitem-C is not subject to the Mayor's veto.
Subitem-D: (R-2024-139)
Resolution requesting the consolidation of a Municipal Special Election to be held in the City of San Diego on Tuesday, March 5, 2024, with the California State Presidential Primary Election to be held on the same date.
Subitem-D is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Clerk: Diana J.S. Fuentes, (619) 533-4080 City Attorney Contact: Kathy Steinman
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, October 31, 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, October 31, 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)