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 14, 2023, AT 10:00 AM and 1:00 PM
Tuesday, November 14, 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 14, 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.
OTHER LEGISLATIVE MEETINGS
Tuesday, November 14, 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, NOVEMBER 14, 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
10/16/2023
10/17/2023
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 700: Extension of the Multiple Award Construction Contract (MACC) for Water, Wastewater, and Stormwater Pipeline Projects (K-17-1518- MAC-3) for an Additional 15 Months and the Extension of Three (3) Tasks.
Total Estimated Cost of Proposed Action and Funding Source:
Authorize to extend contract duration of the Multiple Award Construction Contract for Water, Wastewater, and Stormwater Pipeline Projects (K-20-1865- MAC-3) for an additional 15 months with TC with zero cost.
Council District(s) Affected: Citywide.
Proposed Actions:
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, November 14, 2023
(O-2024-38)
Introduction of an Ordinance authorizing the obligations of the Multiple Award Construction Contract for Water, Wastewater, and Stormwater Pipeline Projects (K-17-1518-MAC-3) with TC Construction to extend beyond five years for an additional 15 months to allow for completion of three task orders. 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 Council approval of staff's proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Engineering & Capital Projects: Michael Ramirez, (619) 533-4111 City Attorney Contact: Melissa Ables
Tuesday, November 14, 2023
ADOPTION AGENDA
Item 701: Authorization to Execute the First Amendment to the NextRequest Service Agreement with NextRequest for Continuation of Public Records Portal Services.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost of this Amendment is $66,933.50 and will be funded by the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/30/2023, Item 201 (Council voted 8-0, Councilmember Campillo-not present):
(O-2024-27)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No.
One to the NextRequest Service Agreement with NextRequest Co., extending the five-year term to December 31, 2024, and increasing the not-to-exceed amount by $66,933.50 for continuation of the City’s online public records request portal services including the annual license, software as a service, fully hosted, maintained, and cloud-based services, bringing the total Agreement amount to a not-to-exceed of $293,446.50, and related funding actions. 6 votes required pursuant to San Diego Charter Section 99.
Committee Actions Taken: N/A
Communications: Angela Laurita, (619) 533-6507
City Attorney Contact: Markecia Simmons
Item 702: 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:
Adopt the following Ordinance which was introduced on 10/31/2023, Item 50 (Council voted 8-0, Councilmember Campillo-not present):
(O-2024-34)
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, November 14, 2023
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 703: 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.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/31/2023, Item 51 (Council voted 8-0, Councilmember Campillo-not present):
(O-2024-29)
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 704: 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.
Tuesday, November 14, 2023
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:
Adopt the following Ordinance which was introduced on 10/31/2023, Item 52 (Council voted 8-0, Councilmember Campillo-not present):
(O-2024-33)
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 Committee von Wilpert, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.
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 705: Bridge Rehab, Safety, and Mobility Project at Palm Avenue/I-805 Interchange (S00869) Bridge Investment Program in an Amount of $24,000,000.
Total Estimated Cost of Proposed Action and Funding Source:
Bridge Investment Program in an Amount of $24,000,000 within fund 600000, Grant Fund Federal. This grant award requires a 20% local match. The match will come from fund 400174, RTCIP.
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, November 14, 2023
Council District(s) Affected: 8.
Proposed Actions:
Subitem-A: (R-2024-176)
Resolution stating for the record that the City Council has reviewed and considered the Final Initial Study with Mitigated Negative Declaration for the Interstate 805/Palm Avenue Interchange Improvements Project (SCH No. 2018101025) adopted by the California Department of Transportation on November 13, 2019; and adopting the Mitigation, Monitoring, and Reporting Program for the Project.
Subitem-B: (R-2024-175)
Resolution authorizing the Mayor, or designee, to make applications to the Federal Highway Administration and take all necessary actions to secure funding in an amount not-to-exceed $24 million in Fund CIP S-00869, Palm Ave/ I-805 Interchange, for the Interstate 805/Palm Avenue Interchange Improvements Project; and
Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Capital Improvement Program Budget (CIP S-00869, Palm Ave/ I-805 Interchange), to accept, appropriate and expend an amount not-to-exceed $24 million, for the purpose of supporting the construction phase of the project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Capital Improvement Program Budget (CIP S-00869, Palm Ave/ I-805 Interchange), to appropriate and expend a required grant match amount not to exceed $6,000,000 within Fund 400174, RTCIP.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee Committee meeting on October 20, 2023 .
ACTION: Motion by Chair LaCava, second by Chair Lee, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.
Transportation Department: Julio Canizal, (619) 235-5717 City Attorney Contact: Ryan P. Gerrity
Item 706: Settlement of Tanner M. Jones v. City of San Diego, et al. San Diego Superior Court 37-2021-00006326-CU-PA-CTL, Claim No. 26181 Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $150,000.00 will be paid from Public Liability Fund .
Council District(s) Affected: Citywide.
Tuesday, November 14, 2023
Proposed Actions:
(R-2024-135)
Resolution authorizing the settlement of Tanner M. Jones v. City of San Diego, et al., San Diego Superior Court Case No. 37-2021-00006326-CU-PA-CTL, related to a claim for personal injuries sustained on July 1, 2020 as a result of an automobile accident at the intersection of Murray Ridge Road and Larkdale Avenue in the City of San Diego. Risk Claim No. 26181.
Committee Actions Taken: N/A
Office of the City Attorney: Kelly L. McGeehan, (619) 533-5884 Tuesday, November 14, 2023
Item 707: Settlement of Hannah Rexroth v. City of San Diego San Diego Superior Court Case No. 37-2021-00013294-CU-PA-CTL, Claim No. 25970.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $173,675.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-155)
Resolution authorizing the settlement of Hannah Rexroth v. City of San Diego, San Diego Superior Court 37-2021-00013294-CU-PA-CTL, related to a claim for personal injuries sustained on September 24, 2020. as a result of an automobile v. pedestrian accident at the intersection of Cordova Street and Carmelo Street in Point Loma. Risk Claim No. 25970.
Committee Actions Taken: N/A
Office of the City Attorney: Laura K. Gantney, (619) 235-5884 Item 708: Settlement of Harry Cornell Beans, III v. City of San Diego San Diego Superior Court No. 37-2022-00025031-CU-PA-CTL, Claim No. 27652 Total Estimated Cost of Proposed Action and Funding Source:
The settlement amount of $146,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-143)
Resolution authorizing the settlement of Harry Cornell Beans, III v. City of San Diego, San Diego Superior Court No. 37-2022-00025031-CU-PA-CTL, related to a claim for personal injuries sustained on July 15, 2021 as a result of a trip and fall on an uneven portion of the sidewalk on Olivet Street in the City of La Jolla.
Committee Actions Taken: N/A
Office of the City Attorney: Orlando Palizzolo, (619) 533-5861 Item 709: Settlement of Juli Hughes v. City of San Diego San Diego Superior Court No. 37-2021-00018706-CU-PO-CTL, Claim No. 25707.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $150,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Tuesday, November 14, 2023
(R-2024-146)
Resolution authorizing the settlement of Juli Hughes v. City of San Diego; San Diego Superior Court No. 37-2021-00018706-CU-PO-CT, related to claim of personal injury arising from a trip and fall in a cracked crosswalk at the intersection of University Avenue and Highland Avenue in the City of San Diego that occurred on March 7, 2020. Risk Claim No. 25707
Committee Actions Taken: N/A
Office of the City Attorney: Michelle T. Neff, (619) 533-5834 City Attorney Contact: Michelle T. Neff
Item 710: Resolution Excusing Councilmember von Wilpert From City Council and Committee Meetings
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-145 Cor. Copy)
Resolution excusing the absence of Councilmember Marni von Wilpert from City Council and Committee meetings.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 5: Quinton Grounds, (619) 235-5297
City Attorney Contact: Jose A. Garcia
Tuesday, November 14, 2023
Item 711: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2024-22)
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
Tuesday, November 14, 2023
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 712: United Against Hate Week.
MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO
TEM MONTGOMERY STEPPE, AND COUNCILMEMBER LEE'S
RECOMMENDATION:
Proclaiming November 12-18, 2023, to be “United Against Hate Week” in the City of San Diego:
Item 713: Homeless Street Outreach Worker Appreciation Day.
COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER LACAVA, AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:
Proclaiming December 6, 2023, to be “Homeless Street Outreach Worker Appreciation Day” in the City of San Diego.
Item 714: Positive Movement Foundation Day.
COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE, COUNCILMEMBER WHITBURN, AND COUNCILMEMBER CAMPILLO'S RECOMMMENDATION:
Proclaiming December 2, 2023, to be “Positive Movement Foundation Day” in the City of San Diego.
Item 715: National Immigrants Day. (Amending Proclamation adopted on 10/17/2023)
COUNCILMEMBER LACAVA'S RECOMMENDATION:
Proclaiming October 28, 2023, to be “National Immigrants Day” in the City of San Diego.
Item 716: National Apprenticeship Week.
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming November 13 - 19, 2023, to be “National Apprenticeship Week” in the City of San Diego.
Tuesday, November 14, 2023
Item 717: Eileen Kaufman Day.
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming December 2, 2023, to be “Eileen Kaufman Day” in the City of San Diego.
Item 718: OpSam Health 50th Anniversary Day.
MAYOR GLORIA, COUNCILMEMBER VON WILPERT AND COUNCILMEMBER LEE'S RECOMMENDATION: (Rev. 11/13/23)
Proclaiming December 2, 2023, to be “OpSam Health 50th Anniversary Day” in the City of San Diego.
Item 729: National Recycling Month. (Added 11/9/23)
COUNCILMEMBER LACAVA AND COUNCILMEMBER VON WILPERT'S
RECOMMENDATION:
Proclaiming November 2023, to be “National Recycling Month” in the City of San Diego.
Tuesday, November 14, 2023
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
INFORMATION AND ADOPTION AGENDA ITEMS (10 AM SESSION)
Item 719: Accept and Expend Active Transportation Program (ATP Cycle 6) Grant Funding for the Accessibility Safety Plan for Individuals with Disabilities in Disadvantaged Communities.
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:
Accept $1,238,540 of grant funds from the California Department of Transportation. The required City grant match of $262,000 from the General Fund is included in the Fiscal Year 2024 Budget.
Council District(s) Affected: 3, 4, 8, 9.
Proposed Actions:
Subitem-A: (R-2024-178)
Resolution determining that accepting, appropriating and expending grant funding for the Accessibility Safety Plan for Individuals with Disabilities in Disadvantaged Communities is exempt from the California Environmental Quality Act Pursuant to Section 15060(c)(2) of the CEQA Guidelines.
Subitem-B: (R-2024-177)
Resolution authorizing the Mayor, or his designee, to accept, appropriate and expend grant funding from Department of Transportation and take all necessary actions to secure funding in an amount not-to-exceed $1,238,540.00, for the Accessibility Safety Plan for Individuals with Disabilities in Disadvantaged Communities and related actions.
Committee Actions Taken: N/A
Sustainability and Mobility: Thyme Curtis, (619) 236-5985 City Attorney Contact: Dominic Guglielmo
Item 720: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to Provide Continued Legal Services as Panel Outside Counsel.
Tuesday, November 14, 2023
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:
The proposed Second Amendment to the LSA is an increase of $250,000, for a contract total amount not-to-exceed $750,000. Funding will come from Municipal Sewer for time spent on Allred, or from Water Fund for time spent on Patz.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-35 Cor. Copy) (Rev. 11/9/23)
Introduction of an Ordinance authorizing the Second Amendment to the legal services agreement between the City and Colantuono, Highsmith & Whatley, PC to increase the total not-to-exceed amount to $750,000 from $500,000. The $250,000 increase is necessary to continue work the Law Firm is currently performing on behalf of the City, which includes defending the City in the active litigation matter Allred v. City of San Diego, a Proposition 218 case challenging the City’s fee structure for the Industrial Wastewater Control Program. The firm will also assist the City in defending the lawsuit Patz v. City of San Diego, a case challenging the City’s tiered rate structure for water rates. 6 votes required pursuant to Charter Section 99. (Rev. 11/10/23) Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-5800
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 1pm session after Council concludes the Information and Adoption agenda items for the day.
TUESDAY, NOVEMBER 14, 2023 AT 1:00 PM
Tuesday, November 14, 2023
ROLL CALL
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION
INFORMATIONAL ITEMS
Item 721: Informational Update: Community Action Plan on Homelessness for the City of San Diego.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken: N/A
Housing Commission: Lisa Jones, (619) 578-7696
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 730: Calling a Municipal Special Election to fill the vacancy in District 4 to be Held on Tuesday, March 5, 2024 and Consolidating Elections with the California State Presidential Primary Election. (Added 11/10/23) This item will be considered in the afternoon session which is scheduled to begin at 1:00 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: 4.
Proposed Actions:
Subitem-A: (O-2024-43)
DISCUSSION, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, November 14, 2023
Introduction and adoption of an ordinance calling a Municipal Special Election in the City of San Diego on Tuesday, March 5, 2024, for the office of Councilmember for District 4 due to vacancy.
Subitem-A is not subject to the Mayor’s veto.
Subitem-B: (R-2024-195)
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, for the Office of Councilmember for District 4 due to vacancy.
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
City Clerk: Diana J. S. Fuentes, (619) 533-4080
City Attorney Contact: Kathy J. Steinman
Item 722: Agreement with Ubicquia, Inc. for Smart Streetlight and Automated License Plate Recognition Technology.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Estimated cost is $3,612,500 for Fiscal Year 2024 and not-to-exceed $11,662,500, over the (5) five-year term of the agreement from the Police Department's General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-190)
Resolution determining that the Agreement with Ubicquia, Inc. for installation and operation of Smart Streetlight and Automated License Plate Recognition Technologies is categorically exempt from the California Environmental Quality Act pursuant to Sections 15301 and 15302(c) of the CEQA Guidelines Subitem-B: (R-2024-189)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Ubicquia, Inc. in an amount not-to-exceed $11,662,500 over the five-year DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, November 14, 2023
term of the Agreement, for the installation and operation of Smart Streetlight and Automated License Plate Recognition Technologies.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on October 6, 2023.
ACTION: Motion by Chair von Wilpert, second by Committee Member Campillo, to forward staff's proposed actions to full Council without recommendation.
VOTE: 3-0; von Wilpert-yea, Campbell-yea, Campillo-yea, Montgomery Steppenot present.
Police: Acting Captain Charles Lara, (619) 531-2949
City Attorney Contact: Michelle Garland
ADOPTION AGENDA
Item 723: Barrio Logan Community Plan and Local Coastal Program – California Coastal Commission Modifications
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures being authorized with this action.
Council District(s) Affected: 8.
Proposed Actions:
The proposed project is to adopt an amendment to the Barrio Logan Community Plan Update and Local Coastal Program that includes the California Coastal Commission's requested modifications (Project). (R-2024-159)
Resolution approving an Amendment to the General Plan and the Barrio Logan Community Plan and the Local Coastal Program for the Project, approving the California Coastal Commission's suggested modifications.
Committee Actions Taken: N/A
Planning: Victoria Ortiz, (619) 533-6091
City Attorney Contact: Shannon Eckmeyer
DISCUSSION, NOTICED HEARINGS:
Tuesday, November 14, 2023
Item 724: Torrey Pines U-STOR-IT Project Appeal - Project No. 697502.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
All costs associated with the processing of this project are paid from a deposit account funded by the applicant.
Council District(s) Affected: 1.
Proposed Actions:
Appeal of the Development Services Department’s decision to approve the Torrey Pines U-STOR-IT project granting a Coastal Development Permit, Neighborhood Development Permit, and Public Service Easement (Drainage) Vacation to demolish a vacant two-story, 17,040-square-foot building and construct a new three-story, 166,313-square-foot self-storage building which includes two basement levels, self-storage spaces, parking garage (level two), a management office (level two), and associated site improvements. The 1.46- acre site is located at 11391 Sorrento Valley Road in the IL-3-1 (IndustrialLight) Zone within the Torrey Pines Community Plan area.
According to San Diego Municipal Code Section 112.0508(f), Power to Act on Appeal, the City Council may:
(1) Affirm the Development Services Department’s decision to grant the permits and Easement Vacation;
(2) Affirm the Development Services Department’s decision to grant the permits and Easement Vacation with modifications; or
(3) Reverse the Development Services Department’s decision to grant the permits and Easement Vacation.
Directing the City Attorney to prepare the appropriate Resolutions according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Ollie Shepherd, (619) 446-5412
City Attorney Contact: Lindsey Sebastian
PUBLIC NOTICES
Items are listed under Public Notices as a matter of public record only. These items do not require Council action and there is no public testimony.
Tuesday, November 14, 2023
Item 725: Approval of the Final Map “Lisbon Vista Heights” Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Lisbon Vista Heights" (T.M. No. 2225121, PTS No. 694284) located at 7106-7115 Lisbon Street, in the RS-1-7 zone, within the SkylineParadise Hills Community Plan Area, Council District 4, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings: (1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct. Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Greg Jeffries (619) 446-5132.
Item 726: Ballot Measure Calendar.
SUBMISSION OF BALLOT PROPOSALS
FOR THE MARCH 5, 2024 BALLOT
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected]. The City Clerk’s Office has established the following calendar for the March 5, 2024 election.
DATE
DAYS
BEFORE
ELECTION
EVENT
Monday, July 17, 2023 232
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday, July 26, 2023 223
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Tuesday, November 14, 2023
Wednesday, September 6, 2023 181
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Monday, September 11, 2023 176
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, December 8, 2023 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, December 11, 2023 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, December 13, 2023 83 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information.
If you have questions, please contact the Office of the City Clerk at (619) 533-4000 or via email at [email protected] Tuesday, November 14, 2023
Item 727: Ballot Propositions Forwarded for 2nd Committee Review.
PUBLIC NOTICE
Ballot Propositions Forwarded for
2ND Committee Review
The following ballot propositions have been referred from the Rules Committee to a second hearing for consideration for placement on a future ballot as noted.
Proposal Target Ballot
Amendments to City Charter Regarding Redistricting November 5, 2024 Amendments to City Charter Regarding the Offices of the City Attorney and Municipal Counsel
November 5, 2024
Item 728: Public Notice Examination of Ballot Materials – March 5, 2024 Primary.
PUBLIC NOTICE:
EXAMINATION PERIOD OF ELECTION MATERIALS
Pursuant to San Diego Municipal Code Section 27.0403, candidate statements, the propositions and related ballot materials for said candidate races and propositions, to be submitted to the voters within the City of San Diego at the election of March 5, 2024, will be available for public examination for ten (10) calendar days commencing on the business day following the deadline for filing those ballot materials in the Office of the City Clerk. During the examination period, any voter registered in the City may seek a writ of mandate or an injunction requiring any or all of the ballot or sample ballot materials be amended or deleted. Please note the following examination periods:
Document Start date End date
Candidate Statements
of Qualification and Designations
of Principal Profession or Occupation December 8, 2023 December 18, 2023 Ordinances calling election and Ordinances
placing measures on the ballot December 9, 2023 December 19, 2023 City Attorney’s impartial analysis, ballot
title and summary,
and Mayor/IBA/City Auditor’s
fiscal analysis
December 12, 2023 December 22, 2023
Ballot arguments December 14, 2023 December 26, 2023
For additional information regarding this matter, please contact the Office of the City Clerk at (619) 533-4000.
Tuesday, November 14, 2023
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, November 14, 2023
HOW TO SPEAK TO A PARTICULAR ITEM
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.
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.
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 or have time allocated to them and may not share video or visual aids (i.e. pdf, ppt, docs) during their comment period.
Tuesday, November 14, 2023
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.
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)