REVISED
CITY OF SAN DIEGO
COUNCIL AGENDA
COUNCIL PRESIDENT
Sean Elo-Rivera • Ninth District
COUNCIL PRESIDENT PRO TEM
Joe LaCava • First District
COUNCILMEMBERS
Jennifer Campbell • Second District
Stephen Whitburn • Third District
Vacant • Fourth 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/1607807743 To join by telephone: Dial 1-669-254 5252 + input Webinar ID: 160 780 7743 TUESDAY, FEBRUARY 06, 2024, AT 10:00 AM and 2:00 PM
Tuesday, February 06, 2024
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/1607807743
To join by telephone: Dial 1-669-254 5252
When prompted, input Webinar ID: 160 780 7743
LATE-ARRIVING MATERIALS
Pursuant to the Brown Act, California Government Code Section 54957.5(b), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Council Chambers in the lobby of the 12th floor of the City Administration Building in a binder labeled “Late Arriving Materials” Late-arriving materials received during the City Council meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.
REQUESTS FOR ACCESSIBILITY MODIFICATIONS OR ACCOMMODATIONS As required by the Americans with Disabilities Act (ADA), requests for agenda information to be made available in alternative formats, and any requests for disability-related modifications or accommodations required to facilitate meeting participation, including requests for alternatives to observing meetings and offering public comment as noted above, may be made by contacting the City Clerk at (619) 533-4000 or mailto:[email protected]. The City is committed to resolving accessibility requests swiftly in order to maximize accessibility.
Requests for translation services to offer public comment may be made by contacting the City Clerk at (619) 533-4000 or email to: [email protected] . The City is committed to addressing language translation requests swiftly in order to maximize public participation. For more information on how to participate and comment on an issue at Council meetings, click this link.
Las solicitudes de servicios de traducción para ofrecer comentarios públicos se deberán hacer poniéndose en contacto con la City Clerk al (619) 533-4000 o por correo electrónico a:[email protected]. La ciudad se compromete a responder rápidamente a las solicitudes de traducción de idiomas con el fin de maximizar la participación del público. Para obtener más información sobre cómo participar y expresar comentarios sobre un asunto en las juntas del Concejo, haga clic en este enlace.
Upang kayo ay matulungan na maisalin sa wikang Ingles ang inyong mga puna, mungkahi, o komento para sa Bayan ng San Diego, maaari pong makipag-ugnayan sa City Clerk sa telepono Tuesday, February 06, 2024
(619-533-4000) o email ([email protected]). Hangad ng Pamahalaang Bayan ng San Diego ang inyong pakikilahok sa usapang pambayan at handa itong magbigay ng agarang tulong na kinakailangan sa pagsasaling-wika ng inyong mga komento. Para sa higit pang impormasyon tungkol sa kung paano sumali at magbigay ng komento sa item sa mga pagpupulong ng Konseho, mangyaring i-click ang sumusunod na link.
Cần dịch vụ thông dịch để phát biểu ý kiến trước công chúng, xin hãy liên hệ với City Clerk (Thư Ký Thành Phố) theo số (619) 533-4000 hoặc email đến [email protected]. Thành phố cam kết sẽ giải quyết các yêu cầu thông dịch một cách nhanh chóng để gia tăng sự tham dự của công chúng. Để biết thêm thông tin về cách tham gia và đưa ra ý kiến về một mục tại các cuộc họp của Hội đồng, xin vui lòng nhấp vào liên kết dưới đây.
يمكن تقديم طلبات خدمات الترجمة لتقديم تعليقات عامة عن طريق الاتصال بكاتب المدينة على (619) 533-4000 أو mailto: [email protected] بمعالجة المدينة تلتزم طلبات الترجمة اللغوية بسرعة من أجل زيادة المشاركة العامة .لمزيد من المعلومات حول كيفية المشاركة والتعليق على أي موضوع في اجتماعات المجلس، يرجى الضغط على الرابط التالي パブリックコメントを要求するための翻訳サービス依頼は、市の書記（電話：619-533-4000ま
たはメール：mailto:[email protected]）に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
審議会の参加方法や議案への意見提供方法についての詳細は、以下のリンクをクリックしてく
ださい。
샌디에고 시에 의견을 보내시기 위해 번역 서비스가 필요하시면 시 서기 사무실 (619) 533-4000 또는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다. 시의회 회의에 참여하는 것과
안건 항목에 대해 의견을 제의하는 것에 관한 자세한 정보를 원하시면 다음의 링크를 클릭하십시
오.
為了鼓勵更多市民參與 '公眾意見'， 市政府設定了快捷的中文翻譯服務。 如你有任何關於 '公開
意見' 想發表， 請致電: (619) 533-4000， 或電郵 [email protected] 我們會為你翻譯。有 关如何参加市议会会议并就项目发表意见的更多信息，请点击以下链接。
“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກ
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ
ກກກກກກກກກກກກກກກກກກກກກກ
NOTICE: THE CITY COUNCIL MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY STAFF DO NOT LIMIT ACTIONS THAT THE CITY COUNCIL MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON
THE RECOMMENDATIONS OF STAFF AS DETERMINATIVE OF THE ACTION THE CITY COUNCIL MAY TAKE ON A PARTICULAR MATTER.
OTHER LEGISLATIVE MEETINGS
Tuesday, February 06, 2024
The SAN DIEGO HOUSING AUTHORITY is scheduled to meet today. A separate agenda is published for it, and is available online and in the Kiosk located in front of the City Administration Building, 202 C Street SD, CA 92101. For more information, please contact the Housing Authority Secretary at (619) 578-7550. Internet access to the agenda is available at:
https://sdhc.org/governance-legislative-affairs/housing-authority-of-the-city-of-sandiego/meeting/ TUESDAY, FEBRUARY 06, 2024 AT 10:00 AM
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
APPROVAL OF COUNCIL MINUTES
1/1/2024 Adjourned
1/2/2024 Adjourned
1/8/2024
1/9/2024
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 50: Exemption of One (1) Program Manager Position and One (1) Program Coordinator Position in the Purchasing & Contracting Department from the Classified Service.
Total Estimated Cost of Proposed Action and Funding Source:
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, February 06, 2024
These positions were included in the FY 2023 Adopted Budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-55)
Introduction of an Ordinance authorizing the exemption of a Program Manager position and a Program Coordinator position in the City's Purchasing and Contracting Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on March 3, 2023. The Program Manager position oversee the Central Stores Division and the Program Coordinator position will supervise the Equal Opportunity Contracting Program.
This Action is brought under San Diego Charter section 117(a)(17).
Committee Actions Taken: N/A
Purchasing & Contracting: Claudia C. Abarca, (619) 236-5921 City Attorney Contact: Miguel Merrell
Item 51: Authorization to Extend the Current Contract for Annual Audit Services Related to the Comprehensive Annual Financial Report (CAFR), Single Audit, and Other Audit Services and Increase the Notto-Exceed Contract Amount.
Total Estimated Cost of Proposed Action and Funding Source:
$72,101
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-60)
Introduction of an Ordinance authorizing extension of agreement with Macias Gini & O'Connell LLP past five years for independent auditing services for Fiscal Years 2019 through 2023 and related actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Audit Committee meeting on November 15, 2023.
ACTION: Motion by Committee Member Tabshouri, second by Committee Member Maffia, to recommend Council approval of staff’s proposed actions.
VOTE: 5-0; Whitburn-yea, Moreno-yea, Halpern-yea, Tabshouri-yea, Maffia-yea.
Office of the City Auditor: Danielle Knighten, (619) 533-3032 City Attorney Contact: Hilda R. Mendoza
Tuesday, February 06, 2024
Item 52: Ordinance Amending the San Diego Municipal Code Relating to the San Diego City Employees Retirement System Regarding Unwinding of Proposition B for Separated Employees.
Total Estimated Cost of Proposed Action and Funding Source:
There is no known fiscal impact for the amendment to the Municipal Code.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-57)
Introduction of an Ordinance amending the San Diego Municipal Code relating to the San Diego City Employees' Retirement System regarding the unwinding of Proposition B for separated employees.
Committee Actions Taken: N/A
Human Resources: Abby Jarl-Veltz, (619) 236-6314
City Attorney Contact: Thomas J. Brady
ADOPTION AGENDA
Item 53: Exemption of a Program Coordinator Position in the Office of the City Attorney from the Classified Service.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 01/23/2024, Item 50 (Council voted 8-0, District 4-Vacant):
(O-2024-51)
Ordinance authorizing the exemption of a Program Coordinator position in the Office of the City Attorney from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 7, 2023.
This position will be responsible for developing, coordinating, and managing programming and services for the Your Safe Place - A Family Justice Center.
This Action is brought under San Diego Charter section 117(a)(17).
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 236-6220 City Attorney Contact: Miguel Merrell
Item 54: Exemption of One Program Manager Position in the Compliance Department from the Classified Service.
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, February 06, 2024
Total Estimated Cost of Proposed Action and Funding Source:
The projected annual salary for this position is approximately $151,200. The Compliance Department plans to fill this position early in the fourth quarter of the fiscal year, incurring about a quarter of the annual cost for this position paid from the General Fund. These costs will be absorbed as part of Compliance Department’s Fiscal Year 2024 budget through projected vacancy and nonpersonnel expenditure savings.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 01/23/2024, Item 51 (Council voted 7-1, Councilmember Moreno-nay, District 4-Vacant):
(O-2024-53)
Ordinance authorizing the exemption of a Program Manager position in the City's Compliance Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 7, 2023. This position will be responsible for overseeing the City's Capital Improvement Program Project Labor Agreement Monitoring Program. This Action is brought under San Diego Charter section 117(a)(17).
Committee Actions Taken: N/A
Compliance Department: Christiana Gauger, (619) 236-7158 City Attorney Contact: Miguel Merrell
Item 55: Proposed Amendments to the Transparent and Responsible Use of Surveillance Technology Ordinance (TRUST Ordinance).
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 01/23/2024, Item 330, (Council voted 6-2, Councilmember Moreno-nay, Council President Elo-Rivera-nay, District 4-Vacant):
(O-2024-49 Rev. Cor. Copy)
Ordinance Amending Chapter 2, Article 10, Division 1 of the San Diego Municipal Code by adding a new section 210.0101, renumbering and amending section 210.0101 to section 210.0102, adding a new section 210.0103, renumbering, retitling, and amending section 210.0102 to section 210.0104, renumbering, retitling, and amending section 210.0109 to a new section Tuesday, February 06, 2024
210.0105, renumbering, retitling, and amending section 210.0103, subsections (a) through (d), to section 210.0106, renumbering and amending section 210.0104 to section 210.0107, renumbering, retitling, and amending section 210.0105 to section 210.0108, renumbering and amending section 210.0106 to section 210.0109, repealing section 210.0110 and renumbering and amending section 210.0107 to section 210.0110, renumbering and amending section 210.0108 to a new section 210.0111, and renumbering and amending section 210.0103 (e) to a new section 210.0112, relating to the approval process for use of surveillance technology.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on November 15, 2023.
ACTION: Motion by Committee Member Campbell, second by Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campilloyea.
Office of the Mayor: Chloe Madison, (619) 236-6213
City Attorney Contact: Joan F. Dawson
ADOPTION AGENDA
Item 100: Resolution Approving a Side Letter Agreement Between the City of San Diego and San Diego Municipal Employees Association to Amend Article 21 of the Memorandum Of Understanding Related to Special Assignment Pay for Police Property and Evidence Specialists and Police Property and Evidence Supervisors.
Total Estimated Cost of Proposed Action and Funding Source:
The Fiscal Year 2024 estimated General Fund impact is $8,676.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-292)
Resolution approving a Side Letter Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 21 of the Memorandum of Understanding related to special assignment pay for Police Property and Evidence Specialists and Police Property and Evidence Supervisors. 6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, February 06, 2024
Human Resources: Abegaile Serafico, (619) 218-7439
City Attorney Contact: Miguel Merrell
Item 101: Five (5)-Year Lease Agreement for Retail Space, Including Options to Extend the Term, with Moli Lor and Elvis Lam DBA Christy’s Donuts Covering Approximately 909 Square Feet of Retail Space (Suite 118) at Montgomery-Gibbs Executive Airport, at 8690 Aero Dr., San Diego, CA 92123.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 7.
Proposed Actions:
Subitem-A: (R-2024-329)
Resolution determining that approving a retail lease with Christy's Donuts for a 909-square foot suite in City-owned retail center located at 8690 Aero Drive is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (R-2024-330)
Resolution authorizing execution of a retail lease with Christy's Donuts for a 909-square foot suite in City-owned retail center located at 8690 Aero Drive and related actions.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on January 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
Item 102: Five (5-Year) Lease Agreement for Retail Space, Including Options to Extend the Term, with Rivan Samuail dba Clown Market Covering Approximately 960 Square Feet of Retail Space (Suite 130) at Montgomery-Gibbs Executive Airport, at 8690 Aero Dr., San Diego, CA 92123.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 7.
Proposed Actions:
Tuesday, February 06, 2024
Subitem-A: (R-2024-323)
Resolution determining that approving a retail lease with Clown Market for a 960-square foot suite in City-owned retail center located at 8690 Aero Drive is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (R-2024-324)
Resolution authorizing execution of a retail lease with Clown Market for a 960- square foot suite in City-owned retail center located at 8690 Aero Drive and related actions.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on January 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
Item 103: Five (5)-Year Lease Agreement for Retail Space, Including Options to Extend the Term, with Rafael Gonzalez Figueroa Covering Approximately 2,730 Square Feet of Retail Space (Suite 120) at Montgomery-Gibbs Executive Airport, at 8690 Aero Dr., San Diego, CA 92123.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 7.
Proposed Actions:
Subitem-A: (R-2024-322)
Resolution determining that approving a retail lease with La Fuente Mexican Restaurant for a 2,730-square foot suite in City-owned retail center located at 8690 Aero Drive is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (R-2024-321)
Resolution authorizing execution of a retail lease with La Fuente Mexican Restaurant for a 2,730-square foot suite in City-owned retail center located at 8690 Aero Drive and related actions.
Tuesday, February 06, 2024
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on January 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
Item 104: Five (5)-Year Lease Agreement for Retail Space, including options to extend the term, with Infinity Nails & Spa, Inc. covering approximately 910 square feet of retail space (Suite 117) at Montgomery-Gibbs Executive Airport, at 8690 Aero Dr., San Diego, CA 92123.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 7.
Proposed Actions:
Subitem-A: (R-2024-325)
Resolution determining that approving a retail lease with Infinity Nails & Spa, Inc. for a 910-square foot suite in City-owned retail center located at 8690 Aero Drive is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (R-2024-326)
Resolution authorizing execution of a retail lease with Infinity Nails & Spa, Inc. for a 910-square foot suite in City-owned retail center located at 8690 Aero Drive and related actions.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on January 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
Tuesday, February 06, 2024
Item 105: Two (2)-Year Lease Agreement for Retail Space, Including Options to Extend the Term, with Learn to Fly San Diego LLC Covering Approximately 909 Square Feet (Suite 116) at Montgomery-Gibbs Executive Airport, at 8690 Aero Dr., San Diego, CA 92123.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 7.
Proposed Actions:
Subitem-A: (R-2024-316)
Resolution determining that approving a retail lease with Learn to Fly San Diego, LLC for a 909-square foot suite in City-owned retail center located at 8690 Aero Drive is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (R-2024-315)
Resolution authorizing execution of a retail lease with Learn to Fly San Diego, LLC for a 909-square foot suite in City-owned retail center located at 8690 Aero Drive and related actions.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on January 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
Tuesday, February 06, 2024
Item 106: Two (2) -Year Lease Agreement for Retail Space, including Options to Extend the Term, with Marv Golden Discount Sales, Inc. Covering Approximately 2,355 Square Feet (Suite 102) of Retail Space at Montgomery-Gibbs Executive Airport, at 8690 Aero Dr., San Diego, CA 92123.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 7.
Proposed Actions:
Subitem-A: (R-2024-317)
Resolution determining that approving a retail lease with Marv Golden Discount Sales, Inc. for a 2,355-square foot suite in City-owned retail center located at 8690 Aero Drive is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (R-2024-318)
Resolution authorizing execution of a retail lease with Marv Golden Discount Sales, Inc. for a 2,355-square foot suite in City-owned retail center located at 8690 Aero Drive and related actions.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on January 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
Tuesday, February 06, 2024
Item 107: Five (5)-Year Lease Agreement for Retail Space, Including Options to Extend the Term, with Kham and Thanathone Chareunshouk Covering Approximately 2,111 Square Feet of Retail Space (Suite 114) within Montgomery-Gibbs Executive Airport, at 8690 Aero Dr., San Diego, CA 92123.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 7.
Proposed Actions:
Subitem-A: (R-2024-327)
Resolution determining that approving a retail lease with Pears Thai Cuisine Restaurant for a 2,111-square foot suite in City-owned retail center located at 8690 Aero Drive is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (R-2024-328)
Resolution authorizing execution of a retail lease with Pears Thai Cuisine Restaurant for a 2,111-square foot suite in City-owned retail center located at 8690 Aero Drive and related actions.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on January 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
Tuesday, February 06, 2024
Item 108: Five (5)-Year Lease Agreement for Retail Space, Including Options to Extend the Term, with Nicholas and Zulay Romero DBA Rawknykz Barber Shop Covering Approximately 662 Square Feet of Retail Space (Suite 106) at Montgomery-Gibbs Executive Airport, at 8690 Aero Dr., San Diego, CA 92123.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 7.
Proposed Actions:
Subitem-A: (R-2024-320)
Resolution determining that approving a retail lease with Rawknykz Barber Shop for a 662-square foot suite in City-owned retail center located at 8690 Aero Drive is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.
Subitem-B: (R-2024-319)
Resolution authorizing execution of a retail lease with Rawknykz Barber Shop for a 662-square foot suite in City-owned retail center located at 8690 Aero Drive and related actions.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on January 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
Item 109: Appointment of an Alternate to the North County Transit District Directors Board of Directors.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-304 Cor. Copy) (Rev. 2/2/24)
Tuesday, February 06, 2024
Resolution confirming the appointment of Madison Coleman as an alternate to Councilmember Kent Lee on the North County Transit District Board of Directors through December 2024.
Committee Actions Taken: N/A
Council District 6: Madison Coleman, (619) 235-5283
City Attorney Contact: Kathy Steinman
Item S500: Reappointment to the Human Relations Commission. (Added 1/31/24)
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3.
Proposed Actions:
(R-2024-338)
Resolution confirming the reappointment of Tootie Thomas to the Human Relations Commission for a term ending July 22, 2027.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item S501: Appointment and Reappointments to the Human Relations Commission. (Added 1/31/24)
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2, 7, 9.
Proposed Actions:
(R-2024-298)
Resolution confirming the Mayor's appointment of Nicole Murray Ramirez and reappointments of Tyler Duncan and April Purcell to the Human Relations Commission for terms ending July 22, 2027.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
Tuesday, February 06, 2024
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: James Nagelvoort Day.
MAYOR GLORIA, COUNCIL PRESIDENT PRO TEM LACAVA, COUNCILMEMBER CAMPBELL, AND COUNCILMEMBER VON WILPERT’S RECOMMENDATION:
(Rev. 1/31/24)
Proclaiming February 6, 2024 to be “James Nagelvoort Day” in the City of San Diego.
Item 31: Sheila Gigante Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming February 10, 2024 to be “Sheila Gigante Day” in the City of San Diego.
Item 32: San Carlos Little League Opening Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming February 10, 2024, to be “San Carlos Little League Opening Day” in the City of San Diego.
Item 33: Allied Gardens Little League Opening Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming February 10, 2024, to be “Allied Gardens Little League Opening Day” in the City of San Diego.
Item 34: Sharmaine Moseley Day.
MAYOR GLORIA AND COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
(Rev. 2/2/24)
Proclaiming February 6, 2024, to be “Sharmaine Moseley Day” in the City of San Diego.
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
Tuesday, February 06, 2024
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
Item 330: Authorize the City to Apply, Accept, Appropriate, and Expend Funding from the California Board of State and Community Corrections Public Health and Safety Cohort 3 Grant Program.
This item will be heard in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source:
There are no cost share requirements. The grant funds shall be received on a reimbursable basis. Expenditures will be initially sourced from Grant Fund – State, and then reimbursed from the Grant Program. There is no requirement for continued expenditures or services once grant funding is depleted or terminated. State law requires that the funds supplement and not supplant funds otherwise available to law enforcement. The total revenue applied for in FY2024 is $1,474,719.00.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-310)
Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Budget, and to accept, appropriate and expend $1,474,719 and any additional Prop. 64 grant funding awarded by the Board of State and Community Corrections, contingent upon receipt of a fully executed Grant Agreement if the Grant Funding is secured.
Committee Actions Taken: N/A
Police: Jose Luis Romo, (619) 531-2739
City Attorney Contact: Lara Easton
Item 331: Authorization to Submit Used Oil Payment Program Applications to California Department of Resources Recycling and Recovery for Fiscal Years 2024/25 –2029/30.
This item will be heard in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source:
This action is for acceptance of grant funding. No matching City funds are required for this grant payment program. The City anticipates the annual CalRecycle Used Oil Payment Program awards for Fiscal Year 2024-25 through and including Fiscal Year 2029-30 and will be in the range of $150,000 – $500,000 per fiscal year. The Used Oil Payment Program is non-competitive, and payment awards are calculated on a per capita basis.
Tuesday, February 06, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-314)
Resolution determining that authorization to submit Used Oil Payment Program applications to CalRecycle is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment).
Subitem-B: (R-2024-313)
Resolution authorizing the Mayor, or designee, to submit Used Oil Payment Program applications to CalRecycle for Fiscal Years 2024/2025 through and including Fiscal Year 2029/2030, to receive annual payments not to exceed $500,000, to support the City's used oil and filter collection programs, and for all related actions.
Committee Actions Taken: N/A
Environmental Services: James Hay, (858) 627-3321
City Attorney Contact: Nicole M. Denow
Item 332: Authorization to Apply for Local Assistance Specified Grant Program, Administered by the California Department of Parks and Recreation.
This item will be heard in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source:
$6,057,714 of State grant funds will be requested for four Capital Improvement Program projects.
Council District(s) Affected: 1, 2, 4, 6.
Proposed Actions:
(R-2024-60)
Resolution authorizing the Mayor, or his designee, to make an application to the California Department of Parks and Recreation Office of Grants and Local Services –Specified Grant Program and take all necessary actions to secure funding in an amount not to exceed $6,057,714 in Fund 600001 Grant Fund – State for improvements to the following projects: $303,857 for the development of the Carmel Knolls Neighborhood Park Comfort Station, $1,753,857 for improvements to the Penasquitos Creek Neighborhood Park Comfort Station, $2,000,000 for improvements to the South Clairemont Community Park Recreation Center, and $2,000,000 for upgrades to the Martin Luther King pool (herein collectively Projects).
Tuesday, February 06, 2024
Authorizing the Chief Financial Officer to add Capital Improvements Program (CIP) P24006 Penasquitos Creek Neighborhood Park Comfort Station, CIP P24008, South Clairemont Community Park Recreation Center Renovation, and CIP P24009 Martin Luther King Pool Improvements to the Capital Improvements Program.
Authorizing the Chief Financial Officer to: transfer an amount not to exceed $100,000 from CIP S15028, Olive Grove Community Park ADA Improvements, to CIP P24006, Penasquitos Creek Neighborhood Park Comfort Station, within Fund 100012, Infrastructure Fund; transfer an amount not to exceed $100,000 from CIP S15028, Olive Grove Community Park ADA Improvements, to CIP P24008, South Clairemont Community Park Recreation Center Renovation within Fund 100012, Infrastructure Fund; and transfer an amount not to exceed $100,000 from CIP S15028, Olive Grove Community Park ADA Improvements, to CIP P24009, Martin Luther King Pool Improvements within Fund 100012, Infrastructure Fund.
Authorizing the Chief Financial Officer to close CIP S16039, Carmel Mission Park Comfort Station.
Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not to exceed $6,057,714 in Grant Program funding for the Projects, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and for all related actions.
Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
Item S502: Informational Update from the Southeast Disaster Response Team. (Added 2/2/24)
This item will be heard in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions: This item is informational only.
Committee Actions Taken: This item is informational only.
Council District 9: Brendan Dentino, (619) 236-6699
Tuesday, February 06, 2024
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, February 06, 2024
TUESDAY, FEBRUARY 06, 2024 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 333: Financial Training for City Council: Effective Capital Planning, Financing, and Capital Improvements Program (CIP) Delivery.
This item will be heard in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
This is an informational item. There is no associated City Council action.
Council District(s) Affected: Citywide.
Proposed Actions: This item is informational only
Committee Actions Taken: N/A
Office of the Independent Budget Analyst: Erin Noel, (619) 235-5284 City Attorney Contact:
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 334: Residential Tenant Protections Ordinance Amendments for Consistency with California Senate Bill 567.
This item will be heard 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:
(O-2024-66)
Introduction of an Ordinance amending Chapter 9, Article 8, Division 7 of the San Diego Municipal Code by amending sections 98.0702, 98.0704, and DISCUSSION, ORDINANCES TO BE INTRODUCED:
Tuesday, February 06, 2024
98.0709, and by adding new section 98.0710, relating to Residential Tenant Protections.
Committee Actions Taken: N/A
Council District 9: Maya Rosas, (619) 236-6699
City Attorney Contact: Hilda R. Mendoza
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
Tuesday, February 06, 2024
Members of the public may participate virtually (by telephone or internet streaming) as indicated below. Speakers who wish to provide virtual public comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.
For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.
For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes.
Speakers participating virtually may not allocate their time to other speakers and may not share video or visual aids (i.e. pdf, ppt, docs) during their comment period.
Quasi-Judicial Items. Organized group presentations for quasi-judicial items will be allowed up to 15 minutes per side to speak either for or against an item for a total of 30 minutes. If more than one group on the same side requests an organized presentation, the 15 minutes will be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.
Non-Agenda Public Comment
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 Tuesday, February 06, 2024
the meeting materials. All webform comments are limited to 500 words but may include attachments. Comments received after 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.
Written Materials. Instead of submitting written materials as an attachment to the webform you may submit via U.S. Mail to the City Clerk’s attention at 202 C Street, MS2A San Diego, CA 92101. Materials submitted via U.S. Mail must be received one business day prior to the meeting to be distributed to the City Council. Comments received via U.S. Mail on the day of the meeting will be submitted into the written record for the relevant item.
The public may view the meetings on public television (within the City of San Diego only) on City TV Channel 24 for Cox Communications and Spectrum or Channel 99 for AT&T U-Verse, or view the meetings online (link is external)