CITY OF SAN DIEGO
COUNCIL AGENDA
COUNCIL PRESIDENT
Sean Elo-Rivera • Ninth District
COUNCIL PRESIDENT PRO TEM
Vacant (Rev. 12/5/23) • 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, DECEMBER 05, 2023, AT 10:00 AM and 2:00 PM
Tuesday, December 05, 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.
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たはメール：mailto:[email protected]）に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
審議会の参加方法や議案への意見提供方法についての詳細は、以下のリンクをクリックしてく
ださい。
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, DECEMBER 05, 2023 AT 10:00 AM
Tuesday, December 05, 2023
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
APPROVAL OF COUNCIL MINUTES
10/23/2023 Adjourned
10/24/2023 Adjourned
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 Second Amendment to the Contract and Master Service Agreement Between the City of San Diego and zColo, LLC for CoLocation Services.
Total Estimated Cost of Proposed Action and Funding Source:
This action increases the not-to-exceed amount of the contract by $900,000 from $3,100,000 to $4,000,000. Expenditures will be made, Citywide, from General and Non-General fund sources, as needed.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-44)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the Second Amendment to the Agreement with zColo, LLC, for data center colocation services.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, December 05, 2023
This item was heard at the Budget and Government Efficiency Committee meeting on November 17, 2023.
ACTION: Motion by Chair Montgomery Steppe, second by Vice Chair Moreno, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-not present.
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Steven Lastomirsky
ADOPTION AGENDA
Item 51: 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:
Adopt the following Ordinance which was introduced on 11/14/2023, Item 700 (Council voted 8-0, Councilmember Campillo-not present):
(O-2024-38)
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.
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, December 05, 2023
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
Item 52: 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:
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:
Adopt the following ordinance which was introduced on 11/7/2023, Item 50, (Council voted 7-0, Councilmember Montgomery Steppe-not present, Councilmember Campillo-not present):
(O-2024-37)
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 53: 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:
Tuesday, December 05, 2023
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:
Adopt the following ordinance which was introduced on 11/7/2023, Item 51, (Council voted 7-0, Councilmember Montgomery Steppe-not present, Councilmember Campillo-not present):
(O-2024-36)
Ordinance authorizing the Mayor, or designee, to execute Amendment No. 3 to the Contract with Rick Engineering Company, for 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 60: Establishment of Kearny Mesa and San Ysidro Community Parking Districts.
Total Estimated Cost of Proposed Action and Funding Source:
No budgetary adjustments are included as part of this action. Future funding for the community parking districts will be considered as part of the Fiscal Year 2025 annual budget process.
Council District(s) Affected: 6, 8.
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, December 05, 2023
Proposed Actions:
Subitem-A: (R-2024-170)
Resolution of the Council of the City of San Diego authorizing the creation of the Kearny Mesa and San Ysidro Community Parking Districts in accordance with Council Policy 100-18; designating an advisory board for each Community Parking District; and authorizing the Mayor or designee to negotiate and execute an agreement with each advisory board.
Subitem-B: (O-2024-40)
Introduction of an Ordinance of the Council of the City of San Diego establishing parking meter zones in Kearny Mesa and San Ysidro Community Parking Districts.
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.
Sustainability and Mobility: Krystal Ayala, (619) 236-7079 City Attorney Contact: Kate Malcolm
ADOPTION AGENDA
Item 100: Authorization to Execute a Contract with JCI Jones Chemicals, Inc. (BID 10090025-23-W) to Purchase Liquid Chlorine for the City’s Water Treatment Plants.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $10,907,750 of which $1,000,000 is estimated to be spent in FY24 and $9,907.50 for all subsequent years, from the Water Utility Operating Fund, for a term of 60 months. The agreement will be funded by the Water Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-210)
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, December 05, 2023
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with JCI Jones Chemicals, Inc., in an amount not-to-exceed $10,907,750, to provide liquid chlorine for water treatment.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on November 9, 2023.
ACTION: Motion by Vice Chair 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: Jeff Denham, (619) 527-5411
City Attorney Contact: Justin Stanek
Item 101: Cooperative Procurement Contract with West Coast Arborist, Inc. for Tree Services for the Maintenance Assessment Districts (MADs) Managed by the Parks and Recreation Department/Open Space Division.
Total Estimated Cost of Proposed Action and Funding Source:
The total estimated costs of this Proposed Action is $9,929,759 and will be funded by various Maintenance Assessments District funding sources. This proposed contract is scheduled to become effective in December 2023.
Therefore, approximately half of the FY24 budget will be utilized under the new contract.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem–A: (R-2024-207)
Resolution determining that authorizing the Mayor or designee to execute, for and on behalf of the City of San Diego (City), a Contract between the City and West Coast Arborists, Inc. for tree care maintenance services and other related activities is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301(h) and 15304(b).
Subitem-B: (R-2024-205 Cor. Copy)
Resolution authorizing the Mayor, or designee, to execute a Cooperative Procurement Contract with West Coast Arborist, Inc. for tree maintenance services and other related activities in 45 Maintenance Assessment Districts in the City of San Diego, all related actions.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on November 2, 2023.
Tuesday, December 05, 2023
ACTION: Motion by Committee Member Whitburn, second by Vice Chair EloRivera, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campbell-yea, Elo-Rivera-yea, Whitburn-yea, Campillo-not present.
Parks & Recreation: Michael Jones, (619) 685-1307
City Attorney Contact: Jane M. Boardman
Item 102: Award Construction Contract to Palm Engineering Construction Co., Inc. for the Hodges Near-Term Repairs Improvement Project (Bid Number K-24-2202-DBB-3).
Total Estimated Cost of Proposed Action and Funding Source:
The total amount not-to-exceed is $1,790,690.00
Council District(s) Affected: Outside of City limits.
Proposed Actions:
(R-2024-213)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Palm Engineering Construction Co., in an amount not-to-exceed $1,790,690, to provide construction services, related to the Hodges Dam NearTerm Repair project.
Committee Actions Taken: This item was heard at the Active Transportation and Infrastructure Committee meeting on November 8, 2023.
ACTION: Motion by Committee Member von Wilpert, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Lee-yea, LaCava-yea, von Wilpert-yea, Montgomery Steppe-not present.
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Justin Stanek
Item 103: Task Order Modification with CTE Inc. for Citywide Street Lights 1950.
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize to expend in an amount not-to-exceed $1,062,946.04, Citywide Street Lights 1950 of which $971,989.88 is from, TransNet Extension Fund 70%, and $90,956.16 is from Debt Funded GF CIP.
Council District(s) Affected: 4, 5, 8, 9.
Proposed Actions:
Subitem-A: (R-2024-215)
Tuesday, December 05, 2023
Resolution determining that authorizing a task order modification for Task ST1916-013 as part of Job Order Contract K-20-1916-JOC-3 with CTE, Inc. for City Street Lighting/Traffic Signals Group 1950 to increase the not-to-exceed value of the contract by $1,062,946.04 and add 75 additional street light poles and fixtures for replacement to the scope of Task Order ST1916-013 (Project) is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 and 15302 of the CEQA Guidelines.
Subitem-B: (R-2024-216)
Resolution authorizing the Mayor, or designee, to execute the Task Order Modification No. 1 to for Task ST1916-013 for additional street light poles and fixtures repair and replacement services in an amount not-to-exceed $1,062,946.04, for Job Order Contract K-20-1916-JOC-3 with CTE, Inc. for City Street Lighting/Traffic Signals Group 1950.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on November 8, 2023.
ACTION: Motion by Committee Member von Wilpert, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Lee-yea, LaCava-yea, von Wilpert-yea, Montgomery Steppe-not present.
Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Ryan P. Gerrity
Item 104: Authorization to Enter Into an Agreement with AXON Enterprise, Inc. for Body Worn Camera (BWC) and Digital Evidence Management Services.
Total Estimated Cost of Proposed Action and Funding Source:
AXON Enterprise, Inc. (AXON) has provided Body Worn Camera services to the San Diego Police Department (Police Department) since 2014 when the program began. The current Agreement between the City of San Diego (City) and AXON expires on December 31, 2023. The City put out a Request for Proposal (RFP) in 2023 and awarded the contract to Axon Enterprise Inc. The City seeks to enter into a five-year agreement with AXON in an amount not-toexceed $12,100,000.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-214)
Resolution authorizing the Mayor, or his designee, to enter in an Agreement with AXON Enterprise, Inc., in an amount not-to-exceed $12,100,000, to provide Body Worn Camera and Digital Evidence Management Services.
Tuesday, December 05, 2023
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on November 15, 2023.
ACTION: Motion by Chair von Wilpert, second by Vice Chair Montgomery Steppe, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campilloyea.
Police: Captain Laura McLean, (619) 692-4886
City Attorney Contact: Jill S. Cristich
Item 105: Authorization for a First Amendment to the Contract with California Water Technologies, LLC to Purchase Ferrous Chloride for Wastewater Treatment Plants, Public Utilities Department.
Total Estimated Cost of Proposed Action and Funding Source:
The total amount not-to-exceed for the First Amendment is $1,716,855 Council District(s) Affected: 2, 6, 8.
Proposed Actions:
(R-2024-211)
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with California Water Technologies, LLC for the additional purchase of ferrous chloride in an amount not-to-exceed $1,716,855, and extend the term of the Agreement to July 31, 2024.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on November 9, 2023.
ACTION: Motion by Vice Chair 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: Craig Boyd, (858) 654-4433
City Attorney Contact: Justin Stanek
Item 106: Approval of the Amended Master Records Schedule.
Total Estimated Cost of Proposed Action and Funding Source:
None.
Council District(s) Affected: Citywide.
Tuesday, December 05, 2023
Proposed Actions:
(R-2024-183)
Resolution approving an amended Citywide Master Records Schedule.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on November 1, 2023.
ACTION: Motion by Committee Member Lee, second by Committee Member LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Elo-Rivera-yea, LaCava-yea, Lee-yea, Montgomery Steppe-not present, Moreno-not present.
Office of the City Clerk: Diana Fuentes, (619) 533-4024 City Attorney Contact: Hilda R. Mendoza
Item 107: Declare a Behavioral Health Bed Crisis in the City of San Diego.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-212)
Resolution declaring a behavioral health bed crisis in the City of San Diego.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on October 4, 2023.
ACTION: Motion by Chair Campillo, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.
Council District 7: Carrie Shah, (619) 533-2645
City Attorney Contact: Jose A. Garcia
Item 108: Increase Funding to Capital Improvements Program Project S-01090, Mission Bay Golf Course Clubhouse Demo/Portable Building Installation, and Capital Improvements Program Project S-11010, Mission Bay Golf Course Irrigation and Electrical Upgrades.
Total Estimated Cost of Proposed Action and Funding Source:
Total cost of $1,350,000. Funded by the Golf Enterprise Fund.
Tuesday, December 05, 2023
Council District(s) Affected: 2.
Proposed Actions:
(R-2024-185)
Resolution authorizing the Chief Financial Officer to increase funding to two Capital Improvements Program Budgets to complete projects at Mission Bay Golf Course.
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.
Parks & Recreation: John Howard, (858) 552-1785
City Attorney Contact: Catherine Morrison
Item 109: Memorandum of Understanding with the San Diego Association of Governments (SANDAG) to Fund Phase I for Preliminary Planning Activities for the Regional Beach Sand Project III (RBSP III).
Total Estimated Cost of Proposed Action and Funding Source:
$79,600; General Fund.
Council District(s) Affected: 1, 2.
Proposed Actions:
(R-2024-59)
Resolution authorizing the Mayor, or designee, to negotiate, approve and sign a Memorandum of Understanding between San Diego Association of Governments and the City of San Diego regarding preliminary planning activities for Phase I of Regional Beach Sand Project III, to allocate the appropriation of funds, and for all related matters.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on November 9, 2023.
ACTION: Motion by Vice Chair 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.
Tuesday, December 05, 2023
Parks & Recreation: Karen Dennison, (619) 235-1188
City Attorney Contact: Jane M. Boardman
Item 110: Fiscal Year 2023 Urban Area Security Initiative Grant Program.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to authorize the administration of $16,445,560 of Urban Area Security Initiative grant funding for San Diego Urban Area regional projects, a portion of which will be retained by the City of San Diego.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-199)
Resolution authorizing the Chief Financial Officer to increase the Fiscal Year 2023 Budget, and to accept, appropriate and expend an amount not-to-exceed $16,445,560, and any additional grant funding awarded under the Homeland Security Grant Program, contingent upon receipt of a fully executed Grant Agreement if the Grant Funding is secured.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on November 15, 2023.
ACTION: Motion by Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campilloyea.
Office of Emergency Services: Megan Beall, (619) 533-6764 City Attorney Contact: Lara Easton
Item 111: Settlement of Kristopher Fukuda, et al. v City of San Diego, San Diego Superior Court No. 37-2020-000022522-CU-EI-CTL, Claim No. 25304.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $850,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-187)
Resolution authorizing the settlement of Kristopher Fukuda, et al. v City of San Diego, San Diego Superior Court No. 37-2020-000022522-CU-EI-CTL, related to damages sustained in April 2020, as a result of a slope failure at Paseo Zaldivar.
Risk Claim No. 25304.
Tuesday, December 05, 2023
Committee Actions Taken: N/A
Office of the City Attorney: Tyler L. Krentz, (619) 533-5800 Tuesday, December 05, 2023
Item 112: Reappointment 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: 4.
Proposed Actions:
(R-2024-188)
Resolution confirming the Mayor's reappointment of Chantel Perry, for a term ending July 1, 2024, to the San Diego Youth Commission.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
Tuesday, December 05, 2023
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: San Diego Community College District 50th Anniversary Day.
COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPBELL,
COUNCILMEMBER WHITBURN, AND COUNCILMEMBER LEE'S
RECOMMENDATION:
Proclaiming December 14, 2023, to be “San Diego Community College District 50th Anniversary Day” in the City of San Diego.
Item 31: Franklin Elementary School of Excellence Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming December 5, 2023, to be “Franklin Elementary School of Excellence Day” in the City of San Diego.
Item 32: Zeta Phi Beta Sorority, Incorporated Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming December 5, 2023, to be “Zeta Phi Beta Sorority, Incorporated Day” in the City of San Diego.
Item 33: Frank Wong Day.
COUNCILMEMBER LEE'S RECOMMENDATION:
Proclaiming December 11, 2023, to be the “Frank Wong Day” in the City of San Diego.
Tuesday, December 05, 2023
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
Item 330: Authorization for the Library Department to Apply for, Accept, Appropriate and Expend Grant Funding From the U.S. Department of Housing and Urban Development for the Ocean Beach, Linda Vista, and City Heights/Weingart Branch Libraries and Approval of Appropriation and Expenditure from the Library Systems
Improvement Trust Fund to Fund These Construction Activities for the Linda Vista and City Heights/Weingart Branch Libraries.
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:
A total of $5,500,000 will be awarded from the U.S. Department of Housing and Urban Development and will be deposited in Fund 600000 (Grant FundFederal). The $5,500,000 is composed of $1,000,000 for the City Heights Library Performance Annex Improvements project, $4,000,000 for the Ocean Beach Branch Library Expansion project and $500,000 for the Linda Vista Branch Library Early Learning Patio project.
Council District(s) Affected: 2, 7, 9.
Proposed Actions:
(R-2024-198)
Resolution authorizing the Mayor, or designee, to make applications to the United States Department of Housing and Urban Development and take all necessary actions to secure funding in an amount not-to-exceed $5.5 million in Fund 600000, for the Linda Vista Library Outdoor Early Learning Patio project, Ocean Beach Library expansion project, and City Heights Library Performance Annex Improvements project.
Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Budget, and to accept, appropriate and expend an amount not-to-exceed $5.5 million for the purpose of funding the Linda Vista Library Outdoor Early Learning Patio project, Ocean Beach Library expansion project, and City Heights Library Performance Annex Improvements project, contingent upon receipt of fully executed Grant Agreements for each Grant if the Grant funding is secured.
Tuesday, December 05, 2023
Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Budget and to appropriate and expend $800,000 from the Library System Improvements Trust Fund (200209) with $650,000 for CIP S-23013 City Heights Library Performance Annex Improvements project and with $150,000 for CIP S24007 Linda Vista Library Outdoor Early Learning Patio project.
Committee Actions Taken: N/A
Library: Raul Gudino, (619) 236-5889
City Attorney Contact: Ken So
Item 331: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to Provide Continued Legal Services as Panel Outside Counsel.
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)
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.
Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-5800 Tuesday, December 05, 2023
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, December 05, 2023
TUESDAY, DECEMBER 05, 2023 AT 2:00 PM
ROLL CALL
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION
INFORMATIONAL ITEMS
Item 332: SDG&E 2023 Presentation on Gas & Electric Rates.
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; This item is for information only.
Council District(s) Affected: Citywide.
Proposed Actions:
This item is informational only.
Committee Actions Taken: N/A
Sustainability and Mobility: Megan Ong, (619) 236-7077
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 333: Fiscal Year 2024 Capital Improvements Program (CIP) Mid-Year Budget Monitoring Report and CIP Budget Revisions.
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:
See attachment: Fiscal Year 2024 CIP Mid-Year Budget Monitoring Report Council District(s) Affected: Citywide.
Proposed Actions:
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, December 05, 2023
(R-2024-179)
Resolution authorizing mid-year amendments to the Fiscal Year 2024 Capital Improvements Program Budget.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on November 8, 2023.
ACTION: Motion by Committee Member von Wilpert, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Lee-yea, LaCava-yea, von Wilpert-yea, Montgomery Steppe-not present.
Department of Finance: Michael Pelayo, (619) 236-6763
City Attorney Contact: Bret A. Bartolotta
Item 334: Proposed Revisions to Council Policy 100-03 "Transient Occupancy Tax".
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-2024-236)
Resolution adopting an amended version of Council Policy 100-03, titled "Transient Occupancy Tax."
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 18, 2023.
ACTION: Motion by Vice Chair Moreno, second by Chair Montgomery Steppe, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
This item was heard at the Economic Development and Intergovernmental Relations Committee on July 12, 2023.
ACTION: Motion by Chair Campillo, second by Committee Member Lee, to approve staff's proposed actions and request that the City Attorney’s office work with the District 7 and District 8 offices on revisions to Council Policy 100-03, and other legal analysis.
Tuesday, December 05, 2023
VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.
Council District 8: Kevin Smith, (619) 236-6688
City Attorney Contact: Marguerite Middaugh
ADOPTION AGENDA
Item 335: Appeal of the Historical Designation of the Donald and Gladys Clitsome/Lloyd Ruocco House (HRB Site #1491) located at 2228 33rd 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 Donald and Gladys Clitsome/Lloyd Ruocco House located at 2228 33rd Street (HRB #1491) as a historical resource;
Granting or denying the appeal and affirming, reversing, or modifying the action of the Historical Resources Board to designate the Donald and Gladys Clitsome/Lloyd Ruocco House located at 2228 33rd 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: Lindsey Sebastian
Item 336: Appeal of the Historical Designation of the Velma Prichard Spec House #1 (HRB Site #1503) located at 4321 Alder Drive.
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.
DISCUSSION, NOTICED HEARINGS:
Tuesday, December 05, 2023
Council District(s) Affected: 9.
Proposed Actions:
Appeal of the August 24, 2023 decision of the Historical Resources Board to designate the Velma Prichard Spec House #1 located at 4321 Alder Drive (HRB #1503) as a historical resource;
Granting or denying the appeal and affirming, reversing, or modifying the action of the Historical Resources Board to designate the Velma Prichard Spec House #1 located at 4321 Alder Drive;
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: Lindsey Sebastian
Tuesday, December 05, 2023
Item 337: 5702 Linda Vista Road Public Right-Of-Way Vacation – Project No. 1078906.
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:
None: All costs related to processing this project are covered by a deposit account maintained by the applicant.
Council District(s) Affected: 7.
Proposed Actions:
This action proposes to vacate portions of Josephine Street, Brunner Street, and an unnamed public alley adjacent to 5702 Linda Vista Road near the University of San Diego along with associated improvements and easement reservations.
It consists of the following two subitems:
Subitem-A: (R-2024-196)
Resolution determining that the approval of the 5702 Linda Vista public right-ofway vacation project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15305 and that no exceptions to that exemption apply.
Subitem-A is not subject to the Mayor's veto.
Subitem-B: (R-2024-197)
Resolution summarily vacating portions of Josephine Street, Brunner Street, and an unnamed public alley adjacent to 5702 Linda Vista Road, Public Right-of-Way Vacation No. 3196233 - Project No. 1078906 along with associated improvements and easement reservations.
Subitem-B is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Robin MacCartee, (619) 687-5942
City Attorney Contact: Noah J Brazier
Tuesday, December 05, 2023
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
HOW TO SPEAK TO A PARTICULAR ITEM OR DURING NON-AGENDA PUBLIC COMMENT:
Members of the public shall be given the opportunity to address the Council. The Council President may reduce the amount of time available to each speaker to appropriately manage the meeting and ensure the Council has time to consider all the agenda items. A member of the public may only provide one comment per agenda item.
Pursuant to the Levine Act (Gov’t Code Section 84308), any party to a permit, license, contract (other than competitively bid, labor or personal employment contracts) or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 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.
Tuesday, December 05, 2023
For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.
For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes.
Speakers participating virtually may not allocate their time to other speakers and may not share video or visual aids (i.e. pdf, ppt, docs) during their comment period.
Quasi-Judicial Items. Organized group presentations for quasi-judicial items will be allowed up to 15 minutes per side to speak either for or against an item for a total of 30 minutes. If more than one group on the same side requests an organized presentation, the 15 minutes will be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.
Non-Agenda Public Comment
Every agenda for a regular Council meeting shall provide a period on the agenda for members of the public to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. Non-Agenda Public Comment shall be subject to the exercise of the Council President’s discretion for a given agenda.
In order to ensure that the Council has time to consider all agenda items, Non-Agenda Public Comment on particular issues and for each individual speaker will be as follows:
Each speaker will be limited to two minutes. Speakers may not allocate their time to other speakers. If there are eight or more speakers on a single issue, the maximum time for the issue will be 16 minutes. The order of speaking generally will be determined on a first-come, firstserved basis, however, priority may be given to speakers who have not addressed the 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.
Tuesday, December 05, 2023
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)