THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, DECEMBER 5, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................8 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 30: San Diego Community College District 50th Anniversary Day....................................9 Item 31: Franklin Elementary School of Excellence Day .......................................................10 Item 32: Zeta Phi Beta Sorority, Incorporated Day ..............................................................10 Item 33: Frank Wong Day .................................................................................................11 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 ..................................11 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 ..................................................................................12 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 ..............................................................................................................................14 Minutes of Tuesday, December 5, 2023
Table of Contents (Continued)
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 ........................................................................................................15 Item 60: Establishment of Kearny Mesa and San Ysidro Community Parking Districts.............16 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 ...............................18 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........................................................................................19 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)..................20 Item 103: Task Order Modification with CTE Inc. for Citywide Street Lights 1950...................21 Item 104: Authorization to Enter Into an Agreement with AXON Enterprise, Inc. for Body Worn Camera (BWC) and Digital Evidence Management Services ...................................................23 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 ...........................................................................................................24 Item 106: Approval of the Amended Master Records Schedule .............................................25 Item 107: Declare a Behavioral Health Bed Crisis in the City of San Diego.............................26 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 ..........................27 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)..........................................................................................................28 Item 110: Fiscal Year 2023 Urban Area Security Initiative Grant Program..............................29 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 .................................................30 Item 112: Reappointment to the Youth Commission............................................................31 Minutes of Tuesday, December 5, 2023
Table of Contents (Continued)
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...32 Item 331: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to Provide Continued Legal Services as Panel Outside Counsel ..............................................................33 Item 332: SDG&E 2023 Presentation on Gas & Electric Rates...............................................34 Item 333: Fiscal Year 2024 Capital Improvements Program (CIP) Mid-Year Budget Monitoring Report and CIP Budget Revisions ........................................................................................35 Item 334: Proposed Revisions to Council Policy 100-03 "Transient Occupancy Tax” ...............36 Item 335: Appeal of the Historical Designation of the Donald and Gladys Clitsome/Lloyd Ruocco House (HRB Site #1491) located at 2228 33rd Street ...........................................................37 Item 336: Appeal of the Historical Designation of the Velma Prichard Spec House #1 (HRB Site #1503) located at 4321 Alder Drive.....................................................................................38 Item 337: 5702 Linda Vista Road Public Right-Of-Way Vacation – Project No. 1078906..........39 REPORT OUT FROM CLOSED SESSION................................................................................40 ADJOURNMENT .................................................................................................................41 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, December 5, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. The meeting was recessed by Council President Elo-Rivera at 11:38 a.m. for the noon recess to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with Council District 4 vacant. Councilmember von Wilpert left the meeting at 4:59 p.m. Councilmember Campillo left the meeting at 5:05 p.m. Councilmember LaCava left the meeting at 5:16 p.m. The meeting was adjourned by Council President Elo-Rivera at 5:47 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 vacant
CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
None.
CITY CLERK:
Fuentes (gs/km)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council District-vacant
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, December 5, 2023
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Moreno.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
U. S. Supreme Court Case #S271848 commented on 14th Amendment, Section I.
COUNCIL ACTION: Start Time: 11:02 AM
PUBLIC COMMENT-2:
Amit Dhuleshia commented on rodeo ban.
COUNCIL ACTION: Start Time: 11:04 AM
PUBLIC COMMENT-3:
Gail Sevrens commented on rodeo ban.
COUNCIL ACTION: Start Time: 11:06 AM
PUBLIC COMMENT-4:
Michele Walther commented on rodeo ban.
COUNCIL ACTION: Start Time: 11:07 AM
PUBLIC COMMENT-5:
Samantha Prado commented on rodeo ban.
COUNCIL ACTION: Start Time: 11: 09 AM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, December 5, 2023
PUBLIC COMMENT-6:
Esme Garcia commented on rodeo ban.
COUNCIL ACTION: Start Time: 11:11 AM
PUBLIC COMMENT-7:
Brian Chavez commented on rodeo ban.
COUNCIL ACTION: Start Time: 11:14 AM
PUBLIC COMMENT-8:
Camila Alassam commented on rodeo ban.
COUNCIL ACTION: Start Time: 11:16 AM
PUBLIC COMMENT-9:
Dave Engel commented on plant-based treats.
COUNCIL ACTION: Start Time: 11:18 AM
PUBLIC COMMENT-10:
Joy Sunyata commented on San Diego Housing Commission’s strategic plan.
COUNCIL ACTION: Start Time: 11:21 AM
PUBLIC COMMENT-11:
Dan Smiechowski commented on a tram from airport to downtown; and felons ought to vote.
COUNCIL ACTION: Start Time: 11:23 AM
PUBLIC COMMENT-12 (virtual):
Diane Grace commented on driving under the influence of marijuana.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, December 5, 2023
COUNCIL ACTION: Start Time: 11:25 AM
PUBLIC COMMENT-13 (virtual):
Peggy Walker commented on banning flavored tobacco products.
COUNCIL ACTION: Start Time: 11:27 AM
PUBLIC COMMENT-14 (virtual):
Terri Ann Skelly commented on drunk and drug driving prevention month.
COUNCIL ACTION: Start Time: 11:29 AM
PUBLIC COMMENT-15 (virtual):
Barbara Gordon commented on mental health related risks of marijuana.
COUNCIL ACTION: Start Time: 11:31 AM
PUBLIC COMMENT-16 (virtual):
Blair Beekman commented on mistaking non-agenda.
COUNCIL ACTION: Start Time: 11:33 AM
PUBLIC COMMENT-17 (virtual):
Judi Strang commented on infant study of parents using marijuana.
COUNCIL ACTION: Start Time: 11:35 AM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, December 5, 2023
Councilmember von Wilpert announced her attendance at former colleague Montgomery Steppe’s inauguration at the San Diego County Board of Supervisors. She wished Montgomery Steppe well and hopes to continue to strengthen the partnership.
COUNCIL ACTION: Start Time: 10:30 AM
CITY CLERK COMMENT:
City Clerk Fuentes announced Thursday, December 7, 2023, at 5:00 p.m. is the final turn-in day at the Clerk’s Office for interested parties wanting to run for Mayor, City Attorney, or Council Districts 1, 3, 5, 7, and 9. She also noted next Thursday December 14, 2023, at 5:00 p.m. is the deadline for those interested in running for the District 4 vacant seat.
COUNCIL ACTION: Start Time: 10:30 AM
SPECIAL ORDERS OF BUSINESS
None.
APPROVAL OF COUNCIL MINUTES
APPROVED
10/23/2023 Adjourned
10/24/2023 Adjourned
COUNCIL ACTION: Start Time: 10:04 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, December 5, 2023
Item 30: San Diego Community College District 50th Anniversary Day.
COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPBELL, COUNCILMEMBER WHITBURN, AND COUNCILMEMBER LEE'S RECOMMENDATION:
APPROVED
Proclaiming December 14, 2023, to be “San Diego Community College District 50th Anniversary Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:31 AM
MOTION BY KENT LEE TO APPROVE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 31: Franklin Elementary School of Excellence Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
APPROVED
Proclaiming December 5, 2023, to be “Franklin Elementary School of Excellence Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:31 AM
MOTION BY KENT LEE TO APPROVE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, December 5, 2023
Item 32: Zeta Phi Beta Sorority, Incorporated Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
RETURNED TO STAFF
Proclaiming December 5, 2023, to be “Zeta Phi Beta Sorority, Incorporated Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:31 AM
Item 33: Frank Wong Day
APPROVED
COUNCILMEMBER LEE'S RECOMMENDATION:
Proclaiming December 11, 2023, to be the “Frank Wong Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:31 AM
MOTION BY KENT LEE TO APPROVE. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, December 5, 2023
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-44) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 9, 2024 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:
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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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:
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, December 5, 2023
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) ADOPTED AS ORDINANCE O-21750 (New Series)
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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, December 5, 2023
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) ADOPTED AS ORDINANCE O-21751 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute a Second Amendment to the AsNeeded 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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, December 5, 2023
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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:
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) ADOPTED AS ORDINANCE O-21752 (New Series)
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.
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, December 5, 2023
Engineering & Capital Projects: Catherine Dungca, (619) 533-3778 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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.
Proposed Actions:
Subitem-A: (R-2024-170) ADOPTED AS RESOLUTION R-315239
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) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 9, 2024 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.
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, December 5, 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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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) ADOPTED AS RESOLUTION R-315240
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.
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, December 5, 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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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) ADOPTED AS RESOLUTION R-315241
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).
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, December 5, 2023
Subitem-B: (R-2024-205 Cor. Copy) ADOPTED AS RESOLUTION R-315242 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.
ACTION: Motion by Committee Member Whitburn, second by Vice Chair Elo-Rivera, 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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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) ADOPTED AS RESOLUTION R-315243
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, December 5, 2023
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 Near-Term 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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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) ADOPTED AS RESOLUTION R-315244
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, December 5, 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) ADOPTED AS RESOLUTION R-315245
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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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:
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, December 5, 2023
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-to-exceed $12,100,000.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-214) ADOPTED AS RESOLUTION R-315246
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.
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, Campillo-yea.
Police: Captain Laura McLean, (619) 692-4886
City Attorney Contact: Jill S. Cristich
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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.
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, December 5, 2023
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) ADOPTED AS RESOLUTION R-315247
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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 106: Approval of the Amended Master Records Schedule.
Total Estimated Cost of Proposed Action and Funding Source: None.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, December 5, 2023
Proposed Actions:
(R-2024-183) ADOPTED AS RESOLUTION R-315248
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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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) ADOPTED AS RESOLUTION R-315249
Resolution declaring a behavioral health bed crisis in the City of San Diego.
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, December 5, 2023
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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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.
Council District(s) Affected: 2.
Proposed Actions:
(R-2024-185) ADOPTED AS RESOLUTION R-315250
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:
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, December 5, 2023
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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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) ADOPTED AS RESOLUTION R-315251
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:
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, December 5, 2023
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.
Parks & Recreation: Karen Dennison, (619) 235-1188
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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) ADOPTED AS RESOLUTION R-315252
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.
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, December 5, 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, Campillo-yea.
Office of Emergency Services: Megan Beall, (619) 533-6764 City Attorney Contact: Lara Easton
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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) ADOPTED AS RESOLUTION R-315253
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.
Committee Actions Taken: N/A
Office of the City Attorney: Tyler L. Krentz, (619) 533-5800 COUNCIL ACTION: Start Time: 10:05 AM
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, December 5, 2023
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
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) ADOPTED AS RESOLUTION R-315254
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
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, December 5, 2023
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.
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 Fund-Federal). 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) ADOPTED AS RESOLUTION R-315255
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.
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 S-24007 Linda Vista Library Outdoor Early Learning Patio project.
Committee Actions Taken: N/A
Library: Raul Gudino, (619) 236-5889
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Jennifer Campbell.
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, December 5, 2023
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 331: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to Provide Continued Legal Services as Panel Outside Counsel.
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) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 9, 2024 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 notto-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 COUNCIL ACTION: Start Time: 10:56 AM
MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Raul A. Campillo.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, December 5, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 332: SDG&E 2023 Presentation on Gas & Electric Rates.
Total Estimated Cost of Proposed Action and Funding Source:
N/A; This item is for information only.
Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
This item is informational only.
Committee Actions Taken: N/A
Sustainability and Mobility: Megan Ong, (619) 236-7077
COUNCIL ACTION: Start Time: 2:02 PM
Item 333: Fiscal Year 2024 Capital Improvements Program (CIP) Mid-Year Budget Monitoring Report and CIP Budget Revisions.
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:
(R-2024-179) ADOPTED AS RESOLUTION R-315256
Resolution authorizing mid-year amendments to the Fiscal Year 2024 Capital Improvements Program Budget.
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, December 5, 2023
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
COUNCIL ACTION: Start Time: 3:14 PM
MOTION BY KENT LEE TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 334: Proposed Revisions to Council Policy 100-03 "Transient Occupancy Tax".
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-236) ADOPTED AS RESOLUTION R-315257
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.
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, December 5, 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.
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
COUNCIL ACTION: Start Time: 3:42 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 335: Appeal of the Historical Designation of the Donald and Gladys Clitsome/Lloyd Ruocco House (HRB Site #1491) located at 2228 33rd Street.
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:
(R-2024-260) DENIED THE APPEAL AND AFFIRMED THE HISTORICAL RESOURCES BOARD’S DECISION; ADOPTED AS RESOLUTION R-315258
Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, December 5, 2023
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
COUNCIL ACTION: Start Time: 4:40 PM
Public testimony by Clint Daniels, Carmen Pauli, Bruce Coons, Allen Hazard, and Janet O’Dea.
MOTION BY STEPHEN WHITBURN TO DENY THE APPEAL AND AFFIRM THE HISTORICAL RESOURCES BOARD’S DESIGNATION. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Kent Lee, Vivian Moreno, Sean EloRivera; Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert, Raul A. Campillo;
Vacant: District 4.
Item 336: Appeal of the Historical Designation of the Velma Prichard Spec House #1 (HRB Site #1503) located at 4321 Alder Drive.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost to the City associated with this item.
Council District(s) Affected: 9.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, December 5, 2023
NOTED AND FILED
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
COUNCIL ACTION: Start Time: 5:16 PM
Public testimony by Clint Daniels, Eileen Magno, and Bruce Coons.
Item 337: 5702 Linda Vista Road Public Right-Of-Way Vacation – Project No. 1078906.
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) ADOPTED AS RESOLUTION R-315259
Resolution determining that the approval of the 5702 Linda Vista public right-of-way 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.
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, December 5, 2023
Subitem-B: (R-2024-197) ADOPTED AS RESOLUTION R-315260
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
COUNCIL ACTION: Start Time: 5:43 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Jennifer Campbell, Stephen Whitburn, Kent Lee, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Joe LaCava, Marni von Wilpert, Raul A. Campillo; Vacant: District 4.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:47 p.m. in honor of the memory of:
Joe Arway as requested by Councilmember Whitburn.
COUNCIL ACTION: Start Time: 5:45 PM