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, NOVEMBER 07, 2023, AT 10:00 AM and 2:00 PM
Tuesday, November 07, 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.
REQUESTS FOR ACCESSIBILITY MODIFICATIONS OR ACCOMMODATIONS As required by the Americans with Disabilities Act (ADA), requests for agenda information to be made available in alternative formats, and any requests for disability-related modifications or accommodations required to facilitate meeting participation, including requests for alternatives to observing meetings and offering public comment as noted above, may be made by contacting the City Clerk at (619) 533-4000 or mailto:[email protected]. The City is committed to resolving accessibility requests swiftly in order to maximize accessibility.
Requests for translation services to offer public comment may be made by contacting the City Clerk at (619) 533-4000 or email to: [email protected] . The City is committed to addressing language translation requests swiftly in order to maximize public participation. For more information on how to participate and comment on an issue at Council meetings, click this link.
Las solicitudes de servicios de traducción para ofrecer comentarios públicos se deberán hacer poniéndose en contacto con la City Clerk al (619) 533-4000 o por correo electrónico a:[email protected]. La ciudad se compromete a responder rápidamente a las solicitudes de traducción de idiomas con el fin de maximizar la participación del público. Para obtener más información sobre cómo participar y expresar comentarios sobre un asunto en las juntas del Concejo, haga clic en este enlace.
Upang kayo ay matulungan na maisalin sa wikang Ingles ang inyong mga puna, mungkahi, o komento para sa Bayan ng San Diego, maaari pong makipag-ugnayan sa City Clerk sa telepono Tuesday, November 07, 2023
(619-533-4000) o email ([email protected]). Hangad ng Pamahalaang Bayan ng San Diego ang inyong pakikilahok sa usapang pambayan at handa itong magbigay ng agarang tulong na kinakailangan sa pagsasaling-wika ng inyong mga komento. Para sa higit pang impormasyon tungkol sa kung paano sumali at magbigay ng komento sa item sa mga pagpupulong ng Konseho, mangyaring i-click ang sumusunod na link.
Cần dịch vụ thông dịch để phát biểu ý kiến trước công chúng, xin hãy liên hệ với City Clerk (Thư Ký Thành Phố) theo số (619) 533-4000 hoặc email đến [email protected]. Thành phố cam kết sẽ giải quyết các yêu cầu thông dịch một cách nhanh chóng để gia tăng sự tham dự của công chúng. Để biết thêm thông tin về cách tham gia và đưa ra ý kiến về một mục tại các cuộc họp của Hội đồng, xin vui lòng nhấp vào liên kết dưới đây.
يمكن تقديم طلبات خدمات الترجمة لتقديم تعليقات عامة عن طريق الاتصال بكاتب المدينة على (619) 533-4000 أو mailto: [email protected] بمعالجة المدينة تلتزم طلبات الترجمة اللغوية بسرعة من أجل زيادة المشاركة العامة .لمزيد من المعلومات حول كيفية المشاركة والتعليق على أي موضوع في اجتماعات المجلس، يرجى الضغط على الرابط التالي パブリックコメントを要求するための翻訳サービス依頼は、市の書記（電話：619-533-4000ま
たはメール：mailto:[email protected]）に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
審議会の参加方法や議案への意見提供方法についての詳細は、以下のリンクをクリックしてく
ださい。
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-4000 또는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다. 시의회 회의에 참여하는 것과
안건 항목에 대해 의견을 제의하는 것에 관한 자세한 정보를 원하시면 다음의 링크를 클릭하십시
오.
為了鼓勵更多市民參與 '公眾意見'， 市政府設定了快捷的中文翻譯服務。 如你有任何關於 '公開
意見' 想發表， 請致電: (619) 533-4000， 或電郵 [email protected] 我們會為你翻譯。有 关如何参加市议会会议并就项目发表意见的更多信息，请点击以下链接。
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກ
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ
ກກກກກກກກກກກກກກກກກກກກກກ
NOTICE: THE CITY COUNCIL MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY STAFF DO NOT LIMIT ACTIONS THAT THE CITY COUNCIL MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON
THE RECOMMENDATIONS OF STAFF AS DETERMINATIVE OF THE ACTION THE CITY COUNCIL MAY TAKE ON A PARTICULAR MATTER.
TUESDAY, NOVEMBER 07, 2023 AT 10:00 AM
Tuesday, November 07, 2023
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
APPROVAL OF COUNCIL MINUTES
10/9/2023
10/10/2023
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 50: Second Amendment to the As-Needed Civil Engineering Services Agreement #H156450 with Kleinfelder Inc., and Scripps Miramar Ranch Library Parking Lot Expansion Project.
Total Estimated Cost of Proposed Action and Funding Source:
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, November 07, 2023
This action authorizes an amount of $200,000.00 for the as-needed task order, bringing the total contract value to $5,200,000.00.
Council District(s) Affected: 5.
Proposed Actions:
(O-2024-37)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a Second Amendment to the As-Needed Civil Engineering Agreement with Kleinfelder, Inc. (H156450), extending the contract from 96 months to 156 months and in an amount not-to-exceed $200,000, to provide professional civil engineering services, related to the Scripps Miramar Ranch Library Parking Lot Expansion 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 October 20, 2023.
ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member von Wilpert, to recommend the 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: Dana Fairchild
Item 51: Third Amendment to the Agreement # H197050 with Rick Engineering Company for Professional Services for Design Support During the Construction of the La Media Roadway Improvements Project.
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize the Third amendment to the agreement with Rick Engineering Company to provide professional civil engineering services for La Media Road Improvements Project in an amount not-to-exceed $392,543.00, of which $211,512 is from Otay Mesa EIFD Capital Project Fund, $148,140 is from Developer Contributions CIP Fund, and $32,891 is from Otay Water District Reimbursement S15018 Fund.
Council District(s) Affected: 8.
Proposed Actions:
(O-2024-36)
Introduction of an Ordinance authorizing the Mayor, or designee, to execute Amendment No. 3 to the Contract with Rick Engineering Company, for Tuesday, November 07, 2023
additional professional design support services in an amount not-to-exceed $392,543 in connection with the La Media Road Improvements 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 October 20, 2023.
ACTION: Motion by Committee Member Montgomery Steppe, second by Committee Member von Wilpert, to recommend the approval of staff's proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Engineering & Capital Projects: Catherine Dungca, (619) 533-3778 City Attorney Contact: Ryan P. Gerrity
ADOPTION AGENDA
Item 100: Approval of Body Worn Cameras and Digital Evidence Management Technology Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.
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-2024-157)
Resolution approving Body Worn Cameras and Digital Evidence Management technology pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.
Committee Actions Taken:
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, November 07, 2023
This item was heard at the Public Safety Committee meeting on October 18, 2023.
ACTION: Motion by Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campillonot present.
Police: Captain Laura Mc Lean, (619) 692-4886
City Attorney Contact: Jill S. Cristich
Item 101: Authorization to Enter Into the Third Amendment to the Contract with Bode Cellmark Forensics, Inc. dba Bode Technology for DNA Testing of Sexual Assault Evidence Kits.
Total Estimated Cost of Proposed Action and Funding Source:
COPS Fund, this action seeks expenditure authority to increase the not-toexceed amount from $3,000,000 to $4,000,000 over the five-year term for the DNA Testing of SAEKs. An estimated $500,000.00 will be utilized in Fiscal Year 2024 and $500,000.00 will be utilized in Fiscal Year 2025.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-158)
Resolution authorizing the Mayor, or his designee, to execute the Third Amendment to the Contract with Bode Cellmark Forensics Inc., dba Bode Technology for DNA testing of sexual assault evidence kits, for an additional $1,000,000 for a total not-to-exceed amount of $4,000,000 over the five-year term of the contract.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on October 18, 2023.
ACTION: Motion by Chair Montgomery Steppe, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campillonot present.
Police: Shawn Montpetit, (619) 531-2817
City Attorney Contact: Jill S. Cristich
Item 102: Authorization to Transfer Funds from Fund Balance - Transnet Extension RTCI Fee to the N. Torrey Pines Rd Bridge/Los Penasquitos Project.
Tuesday, November 07, 2023
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize the transfer of $1,200,000.00 CIP N Torrey Pines Rd Bridge/Los Penasquitos within Transnet Extension RTCI Fee Fund for the purpose of procuring construction services via Job Order Contract task.
Council District(s) Affected: 1.
Proposed Actions:
(R-2024-168)
Resolution authorizing the Chief Financial Officer to transfer $1,200,000 from Fund Balance - Transnet Extension RTCI Fee Fund 400174 to CIP S-00935 N.
Torrey Pines Rd Bridge/Los Penasquitos to fund the construction of the beach access ramp below the North Torrey Pines Road/Los Penasquitos bridge.
Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Capital Improvements Program Budget in CIP S-00935 (N Torrey Pines Rd Bridge/Los Penasquitos), and to appropriate and expend an amount not-to-exceed $1,200,000, for the purpose of procuring construction services.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.
ACTION: Motion by Committee Member Montgomery Steppe, 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: Catherine Dungca, (619) 533-3778 City Attorney Contact: Ryan P. Gerrity
Item 103: A Resolution for Authorization to Execute Construction Change Order #2 for Sewer and AC Water Group 763 (K-21-1968-DBB-3) with TC Construction, Inc.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost of this change order is for $850,000; of which $468,496.57 is from the Gas Tax Fund, $226,119.76 from Transnet Extension 7 fund as well as $155,383.67 from General Fund Commercial Paper.
Council District(s) Affected: 6.
Proposed Actions:
Subitem-A: (R-2024-151)
Tuesday, November 07, 2023
Resolution determining that executing Construction Change Order No. 2 to the agreement (K-21-1968-DBB-3) with TC Construction, Inc. for construction of the Sewer and AC Water Group 763 project is categorically exempt from the California Environmental Quality Act under State CEQA Guidelines section 15301.
Subitem-B: (R-2024-152)
Resolution authorizing the execution of Construction Change Order No. 2 to the agreement (K-21-1968-DBB-3) with TC Construction, Inc. for construction of the Sewer and AC Water Group 763 project.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.
ACTION: Motion by Committee Member Montgomery Steppe, 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: Cathy Dungca, (619) 533-3778 City Attorney Contact: Adam Wander
Item 104: Third Amendment to the Agreement with NAMI San Diego for the Alliance Program.
Total Estimated Cost of Proposed Action and Funding Source:
This item is to increase the not-to-exceed amount of the agreement to $2,896,914, over the life of the contract, contingent on the Chief Financial Officer certifying that the grant funds are available, and the Chief Financial Officer furnishing a certificate certifying that funds necessary for expenditure are, or will be, on deposit with the City Treasurer.
Council District(s) Affected: 3.
Proposed Actions:
(R-2024-154)
Resolution authorizing execution of the Third Amendment to the Agreement with NAMI San Diego for the Alliance Program.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on October 19, 2023.
ACTION: Motion by Committee member Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
Tuesday, November 07, 2023
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Heather Ferbert
Item 105: Community Project Funding/Congressionally Directed Spending Grant Award for Downtown Complete Street Phase 3A2 (B23046).
Total Estimated Cost of Proposed Action and Funding Source:
The action is requesting approval to accept $3,144,000 Grant Fund-Federal.
Council District(s) Affected: 3.
Proposed Actions:
(R-2024-156)
Resolution authorizing the Mayor, or his designee, to make applications to the U.S. Department of Transportation and take all necessary actions to secure funding in an amount not-to-exceed $3,144,000 in Fund 600000, Grant FundFederal, for the Downtown Complete Streets project; Authorizing the Chief Financial Officer to increase the Capital Improvement Program Budget in CIP A-IA.00001, Bicycle Facilities (B23046, Downtown Complete Streets Phase 3A2), and to accept, appropriate and expend an amount not-to-exceed $3,144,000, for the purpose of supporting construction of the Downtown Complete Streets project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.
ACTION: Motion by Committee Member Montgomery Steppe, 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.
Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Ryan P. Gerrity
Tuesday, November 07, 2023
Item 106: Award Five (5) Professional As-Needed Land Surveying, Mapping and Digitizing Services.
Total Estimated Cost of Proposed Action and Funding Source:
The total not-to-exceed amount is $25,000,000, for all five (5) professional agreements ($5,000,000 for each agreement). The five agreements' minimum guarantee of $5,000 will be provided by the Sewer Fund, if needed. Funding for individual tasks will be provided by General/Water/Sewer Funds and other sources and will be allocated on a task by task basis.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-167)
Resolution determining that approving the five Professional As-Needed Land Surveying, Mapping and Digitizing Services Contracts with Alta Surveying, Inc., GIS Surveyors, Inc., NV5, Inc., Psomas, and Towill, Inc., for as-needed land and aerial surveying services is categorically exempt from the California Environmental Quality Act, pursuant to state CEQA Guidelines Section 15306 and Section 15309.
Subitem-B: (R-2024-160)
Resolution authorizing an Agreement with Alta Land Surveying, Inc. for asneeded land and aerial surveying services in an amount not to exceed $5,000,000 for five years, and related funding actions.
Subitem-C: (R-2024-161)
Resolution authorizing an Agreement with GIS Surveyors, Inc. for as-needed land and aerial surveying services in an amount not to exceed $5,000,000 for five years, and related funding actions.
Subitem-D: (R-2024-165)
Resolution authorizing an Agreement with NV5, Inc. for as-needed land and aerial surveying services in an amount not to exceed $5,000,000 for five years, and related funding actions.
Subitem-E: (R-2024-163)
Resolution authorizing an Agreement with Psomas for as-needed land and aerial surveying services in an amount not to exceed $5,000,000 for five years, and related funding actions.
Subitem-F: (R-2024-162)
Tuesday, November 07, 2023
Resolution authorizing an Agreement with Towill, Inc. for as-needed land and aerial surveying services in an amount not-to-exceed $5,000,000 for five years, and related funding actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 20, 2023.
ACTION: Motion by Committee Member Montgomery Steppe, 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: Raymond Mathe, (858) 492-6050 City Attorney Contact: Dana Fairchild
Item 107: Extension to Memorandum of Understanding for the Proposed Annexation and Development of the Nakano Property.
Total Estimated Cost of Proposed Action and Funding Source:
None with this action. All costs associated with this action are paid from a deposit account maintained by the applicant.
Council District(s) Affected: 8.
Proposed Actions:
(R-2024-153)
Resolution authorizing the extension of the Memorandum of Understanding with the City of San Diego, Chula Vista, and Tri Pointe Homes regarding the proposed annexation and development of the Nakano Property.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on October 19, 2023.
ACTION: Motion by Chair Moreno, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.
Development Services: Oscar Galvez III, (619) 446-5237
City Attorney Contact: Corrine Neuffer
Item 108: Adopting the 2024 Legislative Calendar and Fiscal Year 2025 Budget Development and Fiscal Year 2024 Budget Monitoring Key Dates.
Tuesday, November 07, 2023
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-2024-150)
Resolution adopting the 2024 Legislative Calendar and the Fiscal Year 2025 Budget Development and Fiscal Year 2024 Budget Monitoring Key Dates This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on September 13, 2023.
ACTION: Motion by Chair Montgomery Steppe, second by Vice Chair Moreno, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Heather Ferbert
Tuesday, November 07, 2023
Item S501: Appointments to the Ethics Commission. (Added 11/7/23) Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 9.
Proposed Actions:
(R-2024-186 Cor. Copy)
Resolution confirming the Mayor's appointments of Hon. Laura Halgren, for a term ending June 30, 2025, and James Hauser, for a term ending June 30, 2027, to the Ethics Commission.
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
Tuesday, November 07, 2023
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: HomeAid San Diego’s 5th Annual Step Up Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming November 12, 2023, to be “HomeAid San Diego’s 5th Annual Step Up Day” in the City of San Diego.
Item 31: San Diego Performing Arts League Day.
COUNCILMEMBER WHITBURN'S RECOMMENDATION:
Proclaiming November 13, 2023, be “San Diego Performing Arts League Day” in the City of San Diego.
Item 32: Vanessa Ruiz Day.
COUNCILMEMBER LEE'S RECOMMENDATION:
Proclaiming November 16, 2023, to be the “Vanessa Ruiz Day” in the City of San Diego.
Item 33: 15th Annual San Diego Beer Week.
COUNCILMEMBER LEE'S RECOMMENDATION:
Proclaiming November 3 – November 12, 2023, to be the “15th Annual San Diego Beer Week” in the City of San Diego.
Item 34: KLNV Qué Buena 106.5 FM Day.
COUNCILMEMBER MORENO'S RECOMMENDATION:
Proclaiming November 7, 2023, to be “KLNV Qué Buena 106.5 FM Day” in the City of San Diego.
Item 35: Veterans and Military Families Month.
COUNCILMEMBER LEE’S RECOMMENDATION:
Proclaiming the month of November 2023, to be the “Veterans and Military Families Month” in the City of San Diego.
Item 36: La Jolla Open Aire Market’s 25th Anniversary Day.
COUNCILMEMBER LACAVA’S RECOMMENDATION:
Proclaiming October 25, 2023, to be “La Jolla Open Aire Market’s 25th Anniversary Day” in the City of San Diego.
Tuesday, November 07, 2023
Item 37: National Women’s Soccer League Championship Day.
COUNCIL PRESIDENT ELO-RIVERA’S RECOMMENDATION:
Proclaiming November 11, 2023, to be “National Women’s Soccer League Championship Day” in the City of San Diego.
Item S502: Runaway & Homeless Youth Prevention Month. (Added 11/3/23)
MAYOR GLORIA, COUNCILMEMBER LACAVA, COUNCILMEMBER CAMPBELL,
COUNCILMEMBER WHITBURN, AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming November 2023, to be “Runaway & Homeless Youth Prevention Month” in the City of San Diego.
Tuesday, November 07, 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, November 07, 2023
TUESDAY, NOVEMBER 07, 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 330: Annual Presentation of the City Treasurer's Investment Policy and Delegation of Authority to the City Treasurer to Invest Funds.
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:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-128)
Resolution receiving and accepting the City Treasurer's 2024 Investment Policy for the Pooled Investment Funds and authorizing the City Treasurer to invest the City's funds for Calendar Year 2024.
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.
Office of the City Treasurer: Emmanuel Labrinos, (619) 533-6256 City Attorney Contact: Bret A. Bartolotta
Item S500: Resolution Calling on the California Public Utilities Commission (CPUC) and the Public Advocates Office (Cal Advocates) to Better Protect San Diego Utility Customers by Implementing the California DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, November 07, 2023
State Auditor’s Recommendations for Improvements to Their Oversight. (Added 11/1/23)
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-2024-184)
Resolution urging the California Public Utilities Commission and its Public Advocates Office to implement recommendations in State Auditor's Report No. 2022-215 to improve oversight of electric and gas rates for the protection of San Diego ratepayers.
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 Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-not present.
Council District 5: Justin Garver, (619) 236-6655
City Attorney Contact: Frederick M. Ortlieb
Tuesday, November 07, 2023
ADOPTION AGENDA
Item 331: Appeal of the Historical Designation of the Mamie and Oliver Evans/ William Templeton Johnson House (HRB Site #1493) Located at 4388 Ampudia Street.
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:
There is no cost to the City associated with this item.
Council District(s) Affected: 3.
Proposed Actions:
Appeal of the April 27, 2023 decision of the Historical Resources Board to designate the Mamie and Oliver Evans/ William Templeton Johnson House located at 4388 Ampudia Street as a historical resource (HRB #1493); Granting or denying the appeal and affirming, reversing, or modifying the action of the Historical Resources Board to designate the Mamie and Oliver Evans/ William Templeton Johnson House located at 4388 Ampudia Street; Directing the City Attorney to prepare the appropriate Resolution according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Planning: Suzanne Segur, (619) 236-6139
City Attorney Contact: Jeanne MacKinnon
DISCUSSION, NOTICED HEARINGS:
Tuesday, November 07, 2023
Item 332: Appeal of the Historical Designation of the Fred Rohr/ Ralph L. Frank House (HRB Site #1492) Located at 555 San Fernando Street.
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:
There is no cost to the City associated with this item.
Council District(s) Affected: 2.
Proposed Actions:
Appeal of the April 27, 2023 decision of the Historical Resources Board to designate the Fred Rohr/ Ralph L. Frank House located at 555 San Fernando Street as a historical resource (HRB #1492);
Granting or denying the appeal and affirming, reversing, or modifying the action of the Historical Resources Board to designate the Fred Rohr/ Ralph L. Frank House located at 555 San Fernando Street;
Directing the City Attorney to prepare the appropriate Resolution according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Planning: Suzanne Segur, (619) 236-6139
City Attorney Contact: Jeanne MacKinnon
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, November 07, 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, November 07, 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)