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 13, 2024, AT 10:00 AM and 2:00 PM
Tuesday, February 13, 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.
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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.
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“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 13, 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/ PUBLIC FACILITIES FINANCING AUTHORITY is scheduled to meet today in the Council Chambers. A separate agenda is published for it, and is available in the Office of the City Clerk.
For more information, please contact Bret Bartolotta at (619) 533-5894. Internet access to the agenda is available at:
https://www.sandiego.gov/city-clerk/officialdocs/legisdocs/pffa TUESDAY, FEBRUARY 13, 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
12/12/2023
Tuesday, February 13, 2024
1/15/2024 Adjourned
1/16/2024 Adjourned
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 50: Authorization of a No-Cost Extension of Contractual Obligations Beyond Five Years in the North University City Fire Station 50 DesignBuild Contract K-18-1459-DB2-3 with RABC-ECC.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: 6.
Proposed Actions:
(O-2024-68 Cor. Copy) (Rev. 2/8/2024)
Introduction of an Ordinance authorizing a 24 month extension of the obligations under contract K-18-1459-DB2-3 with RABC-ECC A Joint Venture, to allow for the completion of the habitat restoration under the 60 month Long Term Restoration Maintenance and Monitoring agreement for North University City Fire Station 50.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 24, 2024.
ACTION: Motion by Committee Member Lee, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, von Wilpert-yea, Lee-yea Engineering & Capital Projects: Jason Grani, (619) 533-3794 City Attorney Contact: Christina L. Rae
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, February 13, 2024
Item 51: Award of the As-Needed Engineering Technical Services Agreement with Stantec Consulting Services, Inc for Phase 2 of the Pure Water Program (H2226024).
Total Estimated Cost of Proposed Action and Funding Source:
The total amount not-to-exceed for this contract is $100,000,000.00. Funds are, or will be, available in the following funds: Water Utility Operating; Water Utility CIP; Metro Sewer Utility; and Metro Sewer CIP.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-62)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the As-Needed Technical Services Agreement with Stantec Consulting Services, Inc. for Phase 2 of the Pure Water Program.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on January 18, 2024.
ACTION: Motion by Committee Member Campbell, second by Vice Chair VonWilpert, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea
Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
Item 52: Award First Amendment to the Agreement with Gannett Fleming, Inc., Extending the Contract Duration and for Additional Professional Design and Construction Support Services, Contract #H187019 Otay 2nd Pipeline Phase 3 Project.
Total Estimated Cost of Proposed Action and Funding Source:
The amendment to Consultant Agreement H187019 is not to exceed $383,456.00 from the Water Utility CIP.
Council District(s) Affected: Outside of City limits.
Proposed Actions:
(O-2024-64)
Introduction of an Ordinance authorizing Mayor or his designee to execute the first amendment to the consultant agreement (H187019) with Gannett Fleming, Inc. for professional design and construction support services for the Otay 2nd Pipeline Phase 3 project, and taking related actions.
Tuesday, February 13, 2024
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 24, 2024.
ACTION: Motion by Committee Member Lee, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, von Wilpert-yea, Lee-yea Engineering & Capital Projects: Catherine Dungca, (619) 533-3778 City Attorney Contact: Adam Wander
Tuesday, February 13, 2024
ADOPTION AGENDA
Item 53: Amendment to SDMC 73.0202 – State Video Franchise Fees.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the staff report.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 1/29/2024, Item S402, (Council voted 8-0, District 4-vacant):
(O-2024-48)
Ordinance amending Chapter 7, Article 3, Division 2 of the San Diego Municipal Code by amending section 73.0202, to authorize state-franchised cable operators to credit payment of the Street Damage Fee against annual payment of franchise fees to the City.
Committee Actions Taken: N/A
Transportation Department: Benjamin Foxhall, (619) 527-3490 City Attorney Contact: Ryan P. Gerrity
Item 54: Approval of the City of San Diego Project Labor Agreement (PLA) for City-Procured Capital Improvement Projects and Other Projects.
Total Estimated Cost of Proposed Action and Funding Source:
The Compliance Office will oversee the City’s PLA program. To provide the necessary resources for PLA oversight and administration the Compliance Office will be requesting additional staffing and consultant resources as part of the FY 2025 budget development process.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 1/30/2024, Item 330, (Council voted 8-0, District 4-vacant):
(O-2024-56)
Ordinance approving the project labor agreement for City-procured Capital Improvement Projects and Other Projects for a seven-year term beginning on July 1, 2024, and related actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, February 13, 2024
Engineering & Capital Projects: James Nagelvoort, (619) 533-5100 City Attorney Contact: Bonny Hsu
ADOPTION AGENDA
Item 100: Authorization to Execute a Contract with Univar Solutions USA Inc. (ITB 10090095-24-F) to Purchase Caustic Soda (50% Solution) for the City’s Water Treatment Plants and Wastewater Facilities, Public Utilities Department.
Total Estimated Cost of Proposed Action and Funding Source:
Total contract amount not-to-exceed $10,436,788. Funds are, or will be, available in the following funds: Water Utility Operating Fund; Muni Fund; and Metro Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-299)
Resolution authorizing the mayor, or his designee, to enter into an Agreement with Univar Solutions USA, Inc., in an amount not-to-exceed $10,436,788, to provide caustic soda, related to the operation of water and wastewater treatment plants.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on January 18, 2024.
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.
Public Utilities: Jeff Denham, (619) 527-5411
City Attorney Contact: Justin Stanek
Item 101: Award a Sole-Source Consultant Agreement (H2426358) with PSOMAS for the Purpose of Providing Design and Construction Consulting Services for Tecolote Canyon Trunk Sewer Improvement and Golf Course Water Connection.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $454,030.00, of which, $444,949.40 is funded by sewer funds and $9,080.60 is funded by water funds.
Council District(s) Affected: 2, 6, 7.
Proposed Actions:
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, February 13, 2024
(R-2024-339)
Resolution authorizing the award and execution of a sole source consultant agreement (H2426358) with PSOMAS for the purpose of providing design and construction engineering services for the Tecolote Canyon Trunk Sewer Improvements and Golf Course Water Connection project, and taking related actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 24, 2024.
ACTION: Motion by Committee Member Lee, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, von Wilpert-yea, Lee-yea.
Engineering & Capital Projects: Catherine Dungca, (619) 533-3778 City Attorney Contact: Adam Wander
Item 102: Authorize the Award and Execution of Slurry Seal Groups 2425 and 2426 to be Funded by Remaining FY24 RMRA Funds.
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize the use of $1,100,000 from the TransNet Fund, and $2,900,000 from the Road Maintenance & Rehabilitation Fund, to fund Slurry Seal Group 2425. It will also authorize the use of $4,000,000 from the Road Maintenance & Rehabilitation Fund, to fund Slurry Seal Group 2426 Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-311)
Resolution determining that approving the award and execution of two contracts for Slurry Seal Groups 2425 and 2426 is exempt from the California Environmental Quality Act under Section 15301(c) of the CEQA Guidelines.
Subitem-B: (R-2024-312)
Resolution authorizing the Mayor or designee to award and execute two contracts for Slurry Seal Groups 2425 and 2426 using Road Maintenance and Rehabilitation Account (RMRA) and TransNet funding in an amount not-toexceed $4 million for each contract.
Committee Actions Taken: N/A
Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Ryan P. Gerrity
Item 103: Purchase of Bell 412EPX Fire/Rescue Helicopter.
Tuesday, February 13, 2024
Total Estimated Cost of Proposed Action and Funding Source:
Please see "Fiscal Considerations" in the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-340)
Resolution authorizing the Mayor, or his designee, to execute an agreement between the City of San Diego and Bell Textron Inc. to purchase one Bell 412EPX fire/rescue helicopter.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on January 17, 2024.
ACTION: Motion by Chair von Wilpert, second by Vice Chair Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-yea.
Fire-Rescue: David Gerboth, Assistant Fire Chief, (619) 533-4401 City Attorney Contact: Daniel Orloff
Item 104: This item has been removed from agenda. (Rev 2/9/24) Item 105: Settlement of Isabel Irazoque v. City of San Diego, San Diego Superior Court Case No. 37-2021-00051215-CU-PO-CTL, Claim No. 27246.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $77,500.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-287)
Resolution authorizing the settlement of Isabel Irazoque v. City of San Diego, San Diego Superior Court Case No. 37-2021-00051215-CU-PO-CTL, related to a claim for personal injuries sustained on April 2, 2021, as a result of a dangerous condition on Carmel Mountain Road. Claim No. 27246.
Committee Actions Taken: N/A
Office of the City Attorney: Dave E. Abad, (619) 533-5821 Tuesday, February 13, 2024
Item S500: Settlement of Climate Action Campaign, et al. v. City of San Diego, San Diego Superior Court Case. No 37-2022-00036430-CU-TT-CTL and Coastal Environmental Rights Foundation v. City of San Diego, San Diego Superior Court Case No. 37-2023-00006754-CU-TT-CTL, Risk Claim Nos. 30636 & 31798. (Added 2/8/2024)
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $120,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-337)
Resolution authorizing the settlement of Climate Action Campaign, et al. v. City of San Diego, San Diego Superior Court Case. No. 37-2022-00036430-CU-TTCTL, challenging the City’s adoption of the 2022 Climate Action Plan Update Package and Coastal Environmental Rights Foundation v. City of San Diego, San Diego Superior Court Case No. 37-2023-00006754-CU-TT-CTL, challenging the City’s approval of the Mira Mesa Community Plan update. Claim No’s. 30636 & 31798.
Committee Actions Taken: N/A
Office of the City Attorney: Jana Mickova Will, (619) 533-6430 Item S501: Appointment to the Civil Service Commission. (Added 2/8/2024) Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2.
Proposed Actions:
(R-2024-342)
Resolution confirming the Mayor's appointment of Trang Pham to the Civil Service Commission for a term ending January 9, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item S503: Appointment to the San Diego Unified Port District Board of Commissioners. (Added 2/9/24)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Tuesday, February 13, 2024
Proposed Actions:
(R-2024-354 Cor. Copy) (Rev. 2/12/24)
Resolution making a City Council appointment to the San Diego Unified Port District Board of Commissioners for a term ending January 2, 2025.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Kathy Steinman
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: San Diego Lunar New Year Week.
MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER LEE, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming February 10 through February 24, 2024, to be “San Diego Lunar New Year Week” in the City of San Diego.
Item 31: Engineers Week.
COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:
Proclaiming February 18-24, 2024, to be “Engineers Week” in the City of San Diego.
Item 32: Dr. Kwane Stewart Day.
COUNCIL PRESIDENT PRO TEM LACAVA AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:
Proclaiming February 20, 2024, to be “Dr. Kwane Stewart Day” in the City of San Diego.
Item 33: Year of the Dragon.
Subitem-A: PRESENTED BY MAYOR GLORIA, COUNCIL PRESIDENT ELORIVERA, AND COUNCILMEMBER LEE Tuesday, February 13, 2024
Proclaiming the year of February 10, 2024, through January 28, 2025, to be the “Year of the Dragon Nam Giáp Thìn” in the City of San Diego.
Subitem-B: PRESENTED BY MAYOR GLORIA, COUNCILMEMBER WHITBURN,
AND COUNCILMEMBER LEE
Proclaiming the year of February 10, 2024, through January 28, 2025, to be the “Year of the Dragon 龍年” in the City of San Diego.
Subitem-C: PRESENTED BY COUNCILMEMBER LEE
Proclaiming the year of February 4, 2024, through February 2, 2025, to be the “Year of the Dragon 辰年” in the City of San Diego.
Subitem-D: PRESENTED BY COUNCILMEMBER LEE
Proclaiming the year of February 10, 2024, through January 28, 2025, to be the “Year of the Dragon 龍年” in the City of San Diego.
Item 34: Linda Vista Farmers Market Lunar New Year Celebration Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming February 15, 2024, to be “Linda Vista Farmers Market Lunar New Year Celebration Day” in the City of San Diego.
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.) Per Rule 2.7.2, Non-Agenda Public Comment is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes. Additionally, non-agenda public comment during the 10am session may be limited to 30 minutes at the discretion of the Council President for meeting management purposes. If some Non-Agenda Public Comment is trailed, any remaining speakers will be given an opportunity to speak during the 2pm session after Council concludes the Information and Adoption agenda items for the day.
Tuesday, February 13, 2024
TUESDAY, FEBRUARY 13, 2024 AT 2:00 PM
ROLL CALL
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 330: Authorization for the Public Facilities Financing Authority of the City of San Diego Lease Revenue Bonds.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Please see "Fiscal Considerations" section of Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-61)
Introduction of an Ordinance approving the forms and authorizing the execution and delivery of one or more amendments to site lease, amendments to facilities lease, bond purchase agreements and continuing disclosure certificates; consenting to the execution, delivery and performance of one or more supplemental indentures by the Public Facilities Financing Authority of the City of San Diego in connection with the issuance and sale in one or more series of the Authority’s lease revenue bonds and lease revenue refunding bonds; and approving other related documents and actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Department of Finance: Richard Eyre, (619) 236-6899
City Attorney Contact: Marguerite Middaugh
See the Public Facilities Financing Authority Agenda of February13, 2024, for a related item.
Item S502: Municipal Code Amendments to Address Concerns with Sidewalk Vending, Commercial Activity and Expressive Activities on Public Property. (Added 2/9/2024)
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
DISCUSSION, ORDINANCES TO BE INTRODUCED:
Tuesday, February 13, 2024
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-73 Cor.Copy) (Rev. 2/9/24)
Introduction of an Ordinance amending Chapter 3, Article 6, Division 1 of the San Diego Municipal Code by retitling and amending Section 36.0101, amending Sections 36.0102 and 36.0105, retitling and amending Section 36.0107, amending Sections 36.0108, 36.0110, 36.0111, and 36.0113, and retitling and amending Section 36.0114; amending Chapter 5, Article 4, Division 1 by amending Sections 54.0105 and 54.0122; amending Chapter 5, Article 7, Division 00 by repealing Sections 57.10 and 57.10.1; amending Chapter 6, Article 3, Division 00 by retitling and amending Section 63.20.20; amending Chapter 6, Article 3, Division 1 by amending Section 63.0102; and amending Chapter 6, Article 3 by adding new Division 5 and new Sections 63.0501,
63.0502, 63.0503, 63.0504, 63.0505, and 63.0506, all relating to sidewalk vending, commercial activity, and expressive activities on public property. (Rev. 2/9/2024)
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on October 5, 2023.
ACTION: Motion by Chair Campbell, second by Committee Member Whitburn, to recommend Council approval of staff's proposed actions.
VOTE: 2-1; Campbell-yea, Whitburn-yea, Campillo-yea, Elo-Rivera-not present. (Rev. 2/12/2024)
Council District 2: Venus Molina, (619) 236-6622
City Attorney Contact: Heather Ferbert
Tuesday, February 13, 2024
ADOPTION AGENDA
Item 331: Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Cerro Pueblo Apartments.
Note: For the purposes of this item, a federally mandated toll-free number is available for members of the public to offer public comments. The toll-free number is 833-568-8864; Meeting ID 160 780 7743.
This toll-free number is in addition to the customary public comment phone number that is available to the public during every item. It does not replace that number. Both of these numbers will be available for the public to utilize during the public comment period for this item.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed funding sources and uses approved by this proposed action are included in the Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.
Council District(s) Affected: 2.
Proposed Actions:
(R-2024-332)
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for Cerro Pueblo Apartments pursuant to section 147(f) of the Internal Revenue Code of 1986.
Committee Actions Taken: N/A
Housing Commission: Emily Jacobs, (619) 578-7423
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of February 13, 2024, for a companion item.
This is a TEFRA hearing item.
Item: 332 Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Cuatro at City Heights.
Note: For the purposes of this item, a federally mandated toll-free number is available for members of the public to offer public comments. The toll-free number is 833-568-8864; Meeting ID 160 780 7743.
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, February 13, 2024
This toll-free number is in addition to the customary public comment phone number that is available to the public during every item. It does not replace that number. Both of these numbers will be available for the public to utilize during the public comment period for this item.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed funding sources and uses approved by this proposed action are included in the Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.
Council District(s) Affected: 9.
Proposed Actions:
(R-2024-331)
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for Cuatro at City Heights pursuant to section 147(f) of the Internal Revenue Code of 1986.
Committee Actions Taken: N/A
Housing Commission: Emily Jacobs, (619) 578-7423
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of February 13, 2024, for a companion item.
This is a TEFRA hearing item.
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 Tuesday, February 13, 2024
other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.
In-Person Comment on Agenda Items
Each speaker must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak indicating which item they wish to speak on. Speaker slips may not be turned in prior to the day of the meeting or after completion of in-person testimony.
In person testimony will conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if they represent an organization or another person.
For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.
For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes, in addition to any time ceded by other members of the public who are present at the meeting and have submitted a speaker slip ceding them time. These speaker slips should be submitted together at one time to the City Clerk. The Council President may also limit organized group presentations of five or more persons to 15 minutes or less.
Virtual Public Comment on Agenda Items
Members of the public may participate virtually (by telephone or internet streaming) as indicated below. Speakers who wish to provide virtual public comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.
For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.
For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes.
Speakers participating virtually may not allocate their time to other speakers and may not share video or visual aids (i.e. pdf, ppt, docs) during their comment period.
Quasi-Judicial Items. Organized group presentations for quasi-judicial items will be allowed up to 15 minutes per side to speak either for or against an item for a total of 30 minutes. If more than one group on the same side requests an organized presentation, the 15 minutes will be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.
Non-Agenda Public Comment
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.
Tuesday, February 13, 2024
In-Person Non-Agenda Public Comment
Each speaker who wishes to address the Council must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak. Speaker slips may not be turned in prior to the meeting date or after completion of in-person testimony. In-person testimony shall conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if representing an organization or another person.
Virtual Non-Agenda Public Comment
Speakers who wish to provide virtual Non-Agenda Public Comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first. Those participating virtually may not share video or visual aids (i.e. pdf, ppt, docs) during their non-agenda comment period.
Please note: On Tuesdays, Non-Agenda Public Comment is taken during the 10am session, but some Non-Agenda Public Comment may be trailed, at the Council President’s discretion for meeting management purposes.
Comment on Agenda Items, Non-Agenda Public Comment, and Closed Session Public Comment may also be submitted using the webform indicating the comment type and item number (if relevant) for which you wish to submit your comment. Comments received by 8:00 AM the day of the meeting will be distributed to the City Council and posted online with the meeting materials. All webform comments are limited to 500 words but may include attachments. Comments received after 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.
Written Materials. Instead of submitting written materials as an attachment to the webform you may submit via U.S. Mail to the City Clerk’s attention at 202 C Street, MS2A San Diego, CA 92101. Materials submitted via U.S. Mail must be received one business day prior to the meeting to be distributed to the City Council. Comments received via U.S. Mail on the day of the meeting will be submitted into the written record for the relevant item.
The public may view the meetings on public television (within the City of San Diego only) on City TV Channel 24 for Cox Communications and Spectrum or Channel 99 for AT&T U-Verse, or view the meetings online (link is external)