Cities Index.
Agenda, first session

San Diego City Council
March 12, 2024

Document
Agenda, first session
Meeting
March 12, 2024
Body
San Diego City Council
Pages
36
Original file
262 KB
Text extracted from the city's file for reading and search. Open the original on sandiego.hylandcloud.com. That file is the official record.

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, MARCH 12, 2024, AT 10:00 AM and 2:00 PM
Tuesday, March 12, 2024

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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, March 12, 2024

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(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.

TUESDAY, MARCH 12, 2024 AT 10:00 AM

ROLL CALL
Tuesday, March 12, 2024

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PLEDGE OF ALLEGIANCE

REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED

DURING THE MORNING MEETING

APPROVAL OF COUNCIL MINUTES
2/5/2024
2/6/2024

ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.

ADOPTION AGENDA
Item 50: Extension of the Operating Agreement Between the City of San Diego and Civic San Diego to Provide Successor Agency and Housing Successor Services.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact to the General Fund. Per the Operating Agreement, Civic San Diego must prepare and submit to the City, for approval, an annual Work Plan and Operating Budget. The maximum compensation under this Agreement shall not exceed $15,000,000 for the additional 5-year term ending August 12, 2029.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-69)
Introduction of an Ordinance authorizing Mayor or his designee to execute the First Amendment to the Operating Agreement between the City of San Diego and Civic San Diego which includes the exercise of the option to extend the term and provides for a second five (5)-year option.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

CONSENT, ORDINANCES TO BE INTRODUCED:

Tuesday, March 12, 2024

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This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on February 7, 2024.

ACTION: Motion by Vice Chair Lee, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Campillo-yea, Lee-yea, Campbell-yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Michael Park
Item 51: Third Amendment to Agreement for Engineering Services, Contract #H105180, with Nasland Engineering for the Project Coastal Rail Trail Project Design and Engineering Services.

Total Estimated Cost of Proposed Action and Funding Source:

This proposed Third Amendment to Agreement to expend an amount not-toexceed $407,490, in CIP S-00951, Coastal Rail Trail, Fund 400169, Transnet Extension 70% CAP, for the purpose of executing this amendment to Agreement.

Council District(s) Affected: 1.

Proposed Actions:
(O-2024-79)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 3 to the Contract with Nasland Engineering, for additional professional services in an amount not-to-exceed $407,490, and extend the term of the Agreement an additional 48 months, in connection with the Coastal Rail Trail 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 February 21, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-not present.

Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Ryan P. Gerrity
Item 52: Exemption of One Program Coordinator Position for the Office of the Chief Operating Officer from the Classified Service.

Tuesday, March 12, 2024

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Total Estimated Cost of Proposed Action and Funding Source:

The position was part of the 2024 adopted budget and as such should have no unforeseen impacts.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-82)
Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the Office of the Chief Operating Officer from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on February 1, 2024. This position will be responsible for overseeing the City of San Diego's Executive Team administrative functions.

This Action is brought under San Diego Charter section 117(a)(17).

Committee Actions Taken: N/A
Office of the Chief Operating Officer: Eric K. Dargan, (619) 533-3628 City Attorney Contact: Miguel Merrell
Tuesday, March 12, 2024

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Item 53: First Amendment to Agreement for Engineering Services, Contract H207138, with Dokken Engineering for Palm Avenue & Interstate 805 Interchange Project.

Total Estimated Cost of Proposed Action and Funding Source:

This first amendment will increase the consultant contract by $849,301.00 and will be funded by the Otay Mesa FBA.

Council District(s) Affected: 8.

Proposed Actions:
(O-2024-78)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Dokken Engineering, for additional professional services in an amount not-to-exceed $849,301, and extend the term of the Agreement an additional 24 months, in connection with the Palm Avenue and Interstate 805 Interchange 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 February 21, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-not present.

Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Ryan P. Gerrity
Item 54: Second Amendment to Agreement for Engineering Services, Contract #H197062, with Rick Engineering Company for the Design of Streamview Drive Improvements Phase II Project.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost for this Second Amendment is $749,640.00, increasing the total contract value to $2,637,343. Please refer to the Fiscal Considerations section of the Staff Report for fund sources.

Council District(s) Affected: 4, 9.

Proposed Actions:
(O-2024-80)
Tuesday, March 12, 2024

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Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with Rick Engineering Company, for additional professional services in an amount not-to-exceed $749,640, and extend the term of the Agreement an additional 12 months, in connection with the Streamview Drive Phase 2 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 February 21, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-not present.

Engineering & Capital Projects: George Ghossain, (619) 533-4379 City Attorney Contact: Ryan P. Gerrity

ADOPTION AGENDA
Item 55: Approval of an Information Technology Solution for a Real Estate Management Software Contract Between the City of San Diego and GCR Inc., DBA TADERA.

Total Estimated Cost of Proposed Action and Funding Source:

This contract is for an amount of $500,000 in Year 1, and$90,000 annually in each subsequent year, and not to exceed $1,400,000 in total over the contract term of 10 years. Funding for this Contract will come from Department of Real Estate and Airport Management General Fund (75%) and Airports Enterprise Fund (25%). In Fiscal Year 2024 Adopted Budget, $500,000 was approved for this item.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/26/2024, Item 202 (Council voted 8-0, District 4-vacant):
(O-2024-75)
Ordinance authorizing a contract with GCR, Inc., dba Tadera to provide an information technology solution for real estate management software in an amount not -to-exceed $1,400,000.
6 votes required pursuant to Charter Section 99.

CONSENT, ORDINANCES TO BE ADOPTED:

Tuesday, March 12, 2024

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Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
Item 56: Exemption of Program Coordinator Position in Department of Finance from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

This position will increase the cost to the General Fund by $12,342.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/27/2024, Item 50 (Council voted 7-1, Councilmember Moreno-nay, District 4-vacant):
(O-2024-52)
Ordinance authorizing the exemption of a Program Coordinator position in the City’s Department of Finance from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on December 7, 2023. This position will oversee the Citywide business processes for payroll from an information technology application management role. This Action is brought under San Diego Charter section 117(a)(17).

Committee Actions Taken: N/A
Department of Finance: Jeffrey Peelle, (619) 236-6712
City Attorney Contact: Miguel Merrell
Tuesday, March 12, 2024

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Item 57: Fourth Amendment to Agreement with C&S Engineers, Inc (H166649) for Airport Master Plan Studies for Montgomery-Gibbs Executive and Brown Field Airports.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of the contract with C&S Engineers, Inc is $2,652,715.38. There will be no new funds added to the Agreement.

Council District(s) Affected: 7, 8.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/27/2024, Item 51 (Council voted 8-0, District 4-vacant):
(O-2024-70)
Ordinance of the Council of the City of San Diego approving the Fourth Amendment to the Consultant Agreement between the City of San Diego and C&S Engineers, Inc. extending the contract duration by two years. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on February 1, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Moreno, 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: William W. Witt
Item 58: Approval of the First Amendment to the As-Needed Citywide Cooperative Agreements with AT&T, Verizon Wireless, and T-Mobile for Cellular Equipment and Services.

Total Estimated Cost of Proposed Action and Funding Source:

This action is to amend the three existing agreements to increase the combined total not to exceed amount from $20,000,000 to $68,007,000 and extend the term through August 11, 2029. Expenditures will be made Citywide from General and Non-General fund sources as needed.

Council District(s) Affected: Citywide.

Proposed Actions:

Tuesday, March 12, 2024

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Adopt the following Ordinance which was introduced on 2/27/2024, Item 52 (Council voted 8-0, District 4-vacant):
(O-2024-72)
Ordinance authorizing the Mayor, or his designee, to execute, for and on behalf of the City, the First Amendment to the three cooperative agreements between the City of San Diego and AT&T Corp., Cellco Partnership dba Verizon Wireless, and T-Mobile West, LLC, for the provision of as-needed cellular equipment and services, to increase the total combined not-to-exceed amount from $20,000,000 to $68,007,000, and to allow the City to use the Agreements beyond five years, through August 11, 2029, and otherwise modifying the Agreements pursuant to the terms and conditions contained in the First Amendment to each of the Agreements.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget & Government Efficiency Committee meeting on February 7, 2024.

ACTION: Motion by Vice Chair Moreno, second by Committee Member LaCava, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; Lee-yea, Moreno-yea, Elo-Rivera-yea, LaCava-yea.

Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Steven Lastomirsky
Item 59: Third Amendment to the Contract with US Peroxide, LLC (dba USP Technologies) (RFP 10031657-13-C) to Provide the Peroxide Regenerated Iron Sulfide Control and Peroxide Regenerated Iron Chemically Enhanced Primary Treatment Program for Odor Control at Multiple Facilities.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this Third Amendment to the agreement will increase the cost by $10,000,000 for a total contract amount of $102,972,976, and extend the contract by one year, with an additional one year option, to renew the contract through April 14, 2026. Funds will come from the Metro Sewer Utility Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/27/2024, Item 53 (Council voted 8-0, District 4-vacant):
(O-2024-76)
Tuesday, March 12, 2024

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Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 3 to the Contract with U.S. Peroxide, LLC, extending the Contract for one year with one additional one-year option to renew and increasing the not-to-exceed amount by $10,000,000, in connection with the continued supply of Peroxide Regenerated Iron Sulfide Control and Peroxide Regenerated Iron Chemically Enhanced Primary Treatment Program.
6 Votes Required Pursuant to Charter Section 99
Committee Actions Taken:

This item was heard at the Environment Committee meeting on February 15, 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: David Bryant, (858) 654-4245
City Attorney Contact: Justin Stanek
Item 60: Fourth Amendment to the Lease for 9370 Chesapeake Drive, San Diego, CA Between Ruffin-S.D., LLC, and the City of San Diego.

Total Estimated Cost of Proposed Action and Funding Source:

There is no fiscal impact to Fiscal Year 2024.

Council District(s) Affected: 6.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/27/2024, Item 66, Subitem B (Council voted 8-0, District 4-vacant):
(O-2024-71)
Ordinance approving that certain Fourth Amendment to Lease between RuffinS.D., LLC, a California limited liability company, and the City of San Diego. 6 votes required pursuant to Charter Section 99.

This item is not subject to the Mayor's veto.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on February 1, 2024.

ACTION: Motion by Chair Lee, 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.

Tuesday, March 12, 2024

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Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Julie Gough Inman
Item 61: Extension of Citywide Banking Services Contract (Bank of America).

Total Estimated Cost of Proposed Action and Funding Source:

This action is to extend the agreement for up to three years, not to extend beyond April 30, 2027, and increase the not-to-exceed (NTE) amount of the original 5-year contract by $200,000 (to $1,550,000 from $1,350,000).

Approximately 77% of costs will be allocated to the General Fund, with 23% of costs being allocated to Non-General Funds.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/27/2024, Item 330 (Council voted 7-0, Councilmember von Wilpert-not present, District 4-vacant):
(O-2024-67)
Ordinance Authorizing the Fourth Amendment to Banking Services Contract between the City and Bank of America to Extend the Term Beyond Five Years and Increase the Not to Exceed Amount.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Office of the City Treasurer: Emmanuel Labrinos, (619) 533-6256 City Attorney Contact: Bret A. Bartolotta
Item 62: Extension of Citywide Merchant Card Processing Services Contract (Fiserv).

Total Estimated Cost of Proposed Action and Funding Source:

This action is to extend the agreement for up to three years, not to extend beyond April 30, 2027, and increase the not-to-exceed (NTE) amount by $7,650,000 (to $18,200,000 from $10,550,000). Approximately 3% of costs will be allocated to the General Fund, with 97% of costs being allocated to NonGeneral Funds.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/27/2024, Item 331 (Council voted 7-0, Councilmember von Wilpert-not present, District 4-vacant):

Tuesday, March 12, 2024

Page 14 ends

(O-2024-65)
Ordinance Authorizing the Fifth Amendment to Contract for Merchant Card Processing Services between the City, PNC Bank, and First Data Merchant Services LLC to Extend the Term Beyond Five Years and Increase the Not to Exceed Amount.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Office of the City Treasurer: Emmanuel Labrinos, (619) 533-6256 City Attorney Contact: Bret A. Bartolotta
Tuesday, March 12, 2024

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Item 63: 28th Street Grade Crossing Signal and Surface Installation and Maintenance Agreement with SANDAG & Burlington Northern Santa Fe Railway for Bayshore Bikeway-Barrio Logan.

Total Estimated Cost of Proposed Action and Funding Source:

Please see staff report.

Council District(s) Affected: 8.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/27/2024, Item 336 (Council voted 7-0, Councilmember Campillo-not present, District 4-vacant):
(O-2024-74)
Ordinance authorizing the Mayor, or his designee, to execute the Grade Crossing Signal and Surface Installation and Maintenance Agreement with SANDAG and BNSF Railway Company for improvements to the Bayshore Bikeway at 28th Street, and related actions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Cassandra Mougin

ADOPTION AGENDA
Item 64: Award Fourth Amendment to the Consultant Agreement (H115417) with Lee and Ro Inc. for Professional Design and Construction Support Services of Pump Station 2 - Power Reliability & Surge Protection Project.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this Fourth Amendment to the Agreement with Lee and Ro, Inc., to increase the contract in an amount not to exceed $350,000.00 and to extend the contract time from February 20, 2025 to December 31, 2025. Funds will come from the Capital Improvements Program.

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2024-381)
CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:

Tuesday, March 12, 2024

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Resolution determining that executing the fourth amendment to the agreement (H115417) with Lee and Ro Inc. for the Pump Station 2 Power Reliability & Surge Protection project is categorically exempt from the California Environmental Quality Act under State CEQA Guidelines sections 15301 and 15303, and that none of the exceptions to the exemptions as listed in State CEQA Guidelines section 15300.2 apply.

Subitem-B: (O-2024-81)
Introduction of an Ordinance authorizing a fourth amendment to the agreement (H115417) with Lee and Ro Inc. for the Pump Station 2 Power Reliability & Surge Protection project and taking related actions.

Subitem-B: 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on February 21, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-not present.

Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Adam Wander
Tuesday, March 12, 2024

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ADOPTION AGENDA
Item 100: Approval of the Use of Unmanned Aircraft System (UAS) Technology Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action. SDFD is only seeking authority for use.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-349)
Resolution authorizing the use of Unmanned Aircraft System (UAS) Technology pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on February 14, 2024.

ACTION: Motion by Vice Chair Campillo, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-yea.

Fire-Rescue: Assistant Fire Chief John Wood, (619) 572-5690 City Attorney Contact: Erin Kilcoyne
Item 101: Ratification of Fifteen (15) Emergency Sole Source Contracts for Fiscal Year 2023.

Total Estimated Cost of Proposed Action and Funding Source:

Funding for these contracts was previously approved and certified as part of the emergency contract execution process. There is no financial impact with this action. Additional funding will be certified in the future, if needed, to address unforeseen conditions.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-379 Cor. Copy) (Rev. 3/6/24)
CONSENT, RESOLUTIONS TO BE ADOPTED:

Tuesday, March 12, 2024

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Resolution ratifying fifteen (15) emergency sole source contracts that were awarded in Fiscal Year 2023 pursuant to section 22.3108 of the San Diego Municipal Code.
6 votes required pursuant to SDMC Section 22.3108(a)(2).

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on February 21, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-1; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-not present. (Rev. 3/7/24)
Engineering & Capital Projects: Jason Grani, (619) 533-7525 City Attorney Contact: Adam Wander
Item 102: Construction Change Order #3 for AC Water & Sewer Group 1056 (K21-2000-DBB-3) with TC Construction, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of this change order is for $1,267,930.00. Funding of $1,267,930.00 is available within Fund 400881: Debt Funded General Fund CIP.

Council District(s) Affected: 7.

Proposed Actions:
(R-2024-378)
Resolution authorizing the Mayor to execute change order no. 3 to the contract between the City and TC Construction, Inc. for construction of the AC Water & Sewer Group 1056 project and taking related actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on February 21, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-not present.

Engineering & Capital Projects: Luis Schaar, (619) 627-3220 City Attorney Contact: Adam Wander
Tuesday, March 12, 2024

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Item 103: Authorization to Enter into a Five-Year Agreement with Stommel, Inc. dba Lehr, for Ruggedized and Semi-Ruggedized Panasonic Tablets and Laptops, Accessories, and Warranty Services.

Total Estimated Cost of Proposed Action and Funding Source:

The cost of this agreement is not-to-exceed $3,715,788 over a term of five years. The agreement will be funded by General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-363)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Stommel, Inc. DBA Lehr, in an amount not-to-exceed $3,715,788 to provide ruggedized and semi-ruggedized tablets, laptops, accessories, and warranty services.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on February 14, 2024.

ACTION: Motion by Committee Member Campbell, second by Committee Member Whitburn, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-yea.

Police: Virgil Palisoc, (619) 531-2229
City Attorney Contact: Lara Easton
Tuesday, March 12, 2024

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Item 104: Second Amendment to the Sole Source Agreement with HDR Engineering, Inc. for Point Loma Wastewater Treatment Plant Coastal Erosion Monitoring Program Implementation (H2225956).

Total Estimated Cost of Proposed Action and Funding Source:

Amount not-to-exceed $3,631,788 from Metro Sewer Utility Fund Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2024-386)
Resolution determining that entering into a Second Amendment to the Agreement with HDR Engineering, Inc. for additional services in an amount notto-exceed $3,631,788, and extending the term of the Agreement an additional 27 months, in connection with the Point Loma Wastewater Treatment Plant Coastal Erosion Monitoring Program Implementation project is exempt from the California Environmental Quality Act Pursuant to Sections 15303, 15304, and 15306 of the CEQA Guidelines.

Subitem-B: (R-2024-385)
Resolution authorizing the Mayor, or his designee, to execute the Second Amendment to the Agreement with HDR Engineering, Inc. for additional services in an amount not-to-exceed $3,631,788, and extend the term of the Agreement an additional 27 months, in connection with the Point Loma Wastewater Treatment Plant Coastal Erosion Monitoring Program Implementation project.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on February 15, 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: David Bryant, (858) 654-4245
City Attorney Contact: Melissa D. Ables
Tuesday, March 12, 2024

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Item 105: Award of Consultant Services Agreement to HDR Engineering, Inc. to Complete a Cost of Service Study for Residential Collection Services.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize $4,500,000 for a five (5) year period from the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-383)
Resolution authorizing the Mayor, or designee, to execute a consultant contract with HDR Engineering, Inc. to conduct a cost of service study for City-provided residential solid waste management services and all related actions, in an amount not-to-exceed $4,500,000.00 for a period of up to five (5) years.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on February 15, 2024.

ACTION: Motion by Committee Member Campbell, second by Vice Chair von Wilpert, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea.

Environmental Services: Renee Robertson, Department Director, (858) 573- 1275
City Attorney Contact: Nicole M. Denow
Item 106: FY 2024 Community Projects, Programs, and Services Funding Allocation(s) from Council District 2 to 40 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $455,515.00 Of those previously budgeted funds, this item allocates $143,515.00 of Council District 2’s CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2024-367)
Resolution determining that the approval of Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 2 to certain nonprofit Tuesday, March 12, 2024

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organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301.

Subitem-B: (R-2024-368)
Resolution approving Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 2 to 40 nonprofit organizations in the aggregate amount of $143,515.00.

Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
Item 107: FY 2024 Community Projects, Programs, and Services (CPPS) Funding Allocations from Council District 3 to 75 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $682,000.00. Of those previously budgeted funds, this item allocates $217,500.00 of Council District 3’s CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2024-370)
Resolution determining that the approval of Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 3 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15301(c), 15304, 15303, and 15301.

Subitem-B: (R-2024-369)
Resolution approving Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 3 to 75 nonprofit organizations in the aggregate amount of $217,500.00.

Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
Tuesday, March 12, 2024

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Item 108: FY 2024 Community Projects, Programs, and Services Funding Allocation(s) from Council District 6 to 48 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $696,000.00. Of those previously budgeted funds, this item allocates $298,500.00 of Council District 6’s CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 6.

Proposed Actions:

Subitem-A: (R-2024-372)
Resolution determining that the approval of Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 6 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15301 and 15304.

Subitem-B: (R-2024-371)
Resolution approving Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 6 to 48 nonprofit organizations in the aggregate amount of $298,500.00.

Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
Item 109: Settlement of Harry Cornell Beans, III v. City of San Diego, San Diego Superior Court No. 37-2022-00025031-CU-PA-CTL, Claim No. 27652.

Total Estimated Cost of Proposed Action and Funding Source:

The settlement amount of $150,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-273)
Resolution authorizing an increase in settlement of Harry Cornell Beans, III v.

City of San Diego, et al., San Diego County Superior Court No. 37-2022- 00025031-CU-PA-CTL, related to a claim for personal injuries as a result of a trip and fall on a City sidewalk that occurred on July 15, 2021. Risk Claim No. 27652.

Tuesday, March 12, 2024

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Committee Actions Taken: N/A
Office of the City Attorney: Orlando Palizzolo, (619) 533-5861 Item S500: FY 2024 Community Projects, Programs, and Services Funding Allocations from Council District 5 to 39 Nonprofit Organizations. (Added 3/6/2024)
Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $575,450.39. Of those previously budgeted funds, this item allocates $252,250.39 of Council District 5’s CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 5.

Proposed Actions:

Subitem-A: (R-2024-393)
Resolution determining that the approval of Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 5 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15301, 15303, and 15311.

Subitem-B: (R-2024-394)
Resolution approving Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 5 to 39 nonprofit organizations in the aggregate amount of $252,250.39.

Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
Item S501: FY 2024 Community Projects, Programs, and Services Funding Allocations from Council District 7 to 50 Nonprofit Organizations. (Added 3/6/2024)
Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $579,625.00. Of those previously budgeted funds, this item allocates $191,925.00 of Council District 7’s CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 7.

Proposed Actions:

Tuesday, March 12, 2024

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Subitem-A: (R-2024-391)
Resolution determining that the approval of Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 7 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15301, 15302, 15303, and 15304.

Subitem-B: (R-2024-392)
Resolution approving Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 7 to 50 nonprofit organizations in the aggregate amount of $191,925.00.

Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
Item S502: FY 2024 Community Projects, Programs, and Services Funding Allocation(s) from Council District 8 to 46 nonprofit organizations. (Added 3/6/2024)
Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $432,200.00. Of those previously budgeted funds, this item allocates $244,200.00 of Council District 8’s CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 8.

Proposed Actions:

Subitem-A: (R-2024-395)
Resolution determining that the approval of Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 8 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15301, 15302, and 15304.

Subitem-B: (R-2024-396)
Resolution approving Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 8 to 46 nonprofit organizations in the aggregate amount of $244,200.00.

Tuesday, March 12, 2024

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Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
Item S503: Amendments to the 2024 Legislative Calendar and Fiscal Year 2025 Budget Development and Fiscal Year 2024 Budget Monitoring Key Dates. (Added 3/6/2024)
Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-397)
Resolution amending the 2024 Legislative Calendar and the Fiscal Year 2025 Budget Development and Fiscal Year 2024 Budget Monitoring Key Dates.

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

NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET

ANALYST, CITY CLERK, CITY ATTORNEY
Tuesday, March 12, 2024

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PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: NOWRUZ.

MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM LACAVA, COUNCILMEMBER LEE, AND COUNCILMEMBER CAMPILLO’S RECOMMENDATION:

Proclaiming March 19, 2024, to be the beginning of “NOWRUZ” in the City of San Diego. (Rev. 3/8/24)
Item 31: Courtney Spleen Day.

COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:

Proclaiming March 12, 2024, to be “Courtney Spleen Day” in the City of San Diego.

Item 32: EDCO Day.

COUNCILMEMBER MORENO'S RECOMMENDATION:

Proclaiming March 12, 2024, to be “EDCO Day” in the City of San Diego.

Item S504: Times of San Diego 10th Anniversary Day. (Added 3/6/2024) COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:

Proclaiming March 14, 2024, to be “Times of San Diego 10th Anniversary Day” in the City of San Diego.

Tuesday, March 12, 2024

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SPECIAL ORDERS OF BUSINESS
None.

ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
Item 330: Authorization to Accept California State General Fund Grant Funds for The Black Family Sculpture Restoration Project.

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:

California State general fund allocation for local assistance in an amount not-toexceed $195,000.

Council District(s) Affected: 4.

Proposed Actions:
(R-2024-376)
Resolution approving the acceptance of California State General Grant Funds in the amount of $195,000 for the Black Family Sculpture Restoration Project.

Authorizing the Chief Financial Officer to accept, appropriate and expend an amount not-to-exceed $195,000 for the purpose of Black Family Sculpture Restoration Project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.

Committee Actions Taken: N/A
Commission for Arts and Culture: Jonathon Glus, (619) 236-6798 City Attorney Contact: Ken So
Tuesday, March 12, 2024

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Item 331: Outdoor Equity Program Grant 2024 Resolution.

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:

Grant application funding request total not-to-exceed $4,200,000.

Council District(s) Affected: 4, 7, 8, 9.

Proposed Actions:
(R-2024-351)
Resolution authorizing the Mayor, or his designee, to make an application to the California Department of Parks and Recreation Outdoor Equity Grants Program and to accept, appropriate, and expend an amount not-to-exceed $4,200,000 in Grant Program funding for the Come Play Outside Program, 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: Salome Martinez, (619) 613-7448
City Attorney Contact: Jane M. Boardman
Item 332: Grant Agreement Between the California Department of Justice and the San Diego City Attorney's Office for the Purposes of Implementing the San Diego Regional Gun Violence Response Task Force.

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:

The total revenue received from this grant is $2,200,000. There are no cost share requirements.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-384)
Resolution authorizing the acceptance, appropriation, and expenditure of $2.2 million in grant funds from the California Department of Justice awarded to the Office of the City Attorney to implement the San Diego Regional Gun Violence Response Task Force and related actions.

Committee Actions Taken: N/A
Office of the City Attorney: Jean Jordan, (619) 533-5812 Tuesday, March 12, 2024

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City Attorney Contact: Justin Bargar

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, March 12, 2024

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TUESDAY, MARCH 12, 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 S505: Informational Update from the Federal Emergency Management Agency and California Governor's Office of Emergency Services Regarding the Response and Recovery Efforts to the Winter Storm Event Occurring on January 22, 2024. (Added 3/8/24)
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:

This item is informational only.

Committee Actions Taken: N/A
Council District 9: Brendan Dentino, (619) 236-6699
Tuesday, March 12, 2024

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ADOPTION AGENDA, DISCUSSION ITEMS

ADOPTION AGENDA
Item 333: Resolution Authorizing Application for and Receipt of Prohousing Incentive Program Funds Round 2.

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:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-387)
Resolution of the Council of the City of San Diego approving the City of San Diego's application for a grant from the State of California's Prohousing Incentive Program in an amount not-to-exceed $2,000,000.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
DISCUSSION, RESOLUTIONS TO BE ADOPTED:

Tuesday, March 12, 2024

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ADOPTION AGENDA
Item 334: American Tower/AT&T Tecolote Relo Project No. 1071544.

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:

All costs associated with the processing of this project are paid by the applicant.

Council District(s) Affected: 2.

Proposed Actions:

An application for a Conditional Use Permit and Site Development Permit for the continued use and modification of an existing AT&T Wireless Communication Facility (WCF). The modification includes removing six (6) antennas and replacing them with nine (9) antennas behind existing Fiberglass Reinforced Plastic (FRP) screens on top of Sorrento Towers, and upgrading 106 square-feet of equipment inside an equipment room on the 14th floor. The overall height of the building is 140-feet and 9-inches, which includes the 11-feet and 9-inches FRP parapet, that does not increase the height of the building. The 1.4-acre project is located at 2875 Cowley Way in the RM-3-7 Zone and the Clairemont Mesa Height Limit Overlay Zone within the Clairemont Mesa Community Plan area.

Subitem-A: (R-2024-358)
Resolution determining that the American Tower/AT&T Tecolote Relo Project (Project No. 1071544) is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

Subitem-A is not subject to the Mayor's veto.

Subitem-B: (R-2024-357)
Resolution granting Conditional Use Permit No. 3184904 and Site Development Permit No. 3235043 for the American Tower/AT&T Tecolote Relo Project (Project No. 1071544).

Subitem-B is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Nilia Safi, (619) 446-5236
City Attorney Contact: Lindsey Sebastian
DISCUSSION, NOTICED HEARINGS:

Tuesday, March 12, 2024

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NON-AGENDA ITEMS

ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES

ADJOURNMENT
Tuesday, March 12, 2024

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HOW TO SPEAK TO A PARTICULAR ITEM OR DURING NON-AGENDA PUBLIC COMMENT:

Members of the public shall be given the opportunity to address the Council. The Council President may reduce the amount of time available to each speaker to appropriately manage the meeting and ensure the Council has time to consider all the agenda items. A member of the public may only provide one comment per agenda item.

Pursuant to the Levine Act (Gov’t Code Section 84308), any party to a permit, license, contract (other than competitively bid, labor or personal employment contracts) or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any Council Member. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party or participant and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.

In-Person Comment on Agenda Items
Each speaker must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak indicating which item they wish to speak on. Speaker slips may not be turned in prior to the day of the meeting or after completion of in-person testimony.

In person testimony will conclude before virtual testimony begins.

Each person who wishes to address the Council shall approach the podium and state who they are representing if they represent an organization or another person.

For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.

For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes, in addition to any time ceded by other members of the public who are present at the meeting and have submitted a speaker slip ceding them time. These speaker slips should be submitted together at one time to the City Clerk. The Council President may also limit organized group presentations of five or more persons to 15 minutes or less.

Virtual Public Comment on Agenda Items
Members of the public may participate virtually (by telephone or internet streaming) as indicated below. Speakers who wish to provide virtual public comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.

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 Tuesday, March 12, 2024

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be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.

Non-Agenda Public Comment
Every agenda for a regular Council meeting shall provide a period on the agenda for members of the public to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. Non-Agenda Public Comment shall be subject to the exercise of the Council President’s discretion for a given agenda.

In order to ensure that the Council has time to consider all agenda items, Non-Agenda Public Comment on particular issues and for each individual speaker will be as follows:

Each speaker will be limited to two minutes. Speakers may not allocate their time to other speakers. If there are eight or more speakers on a single issue, the maximum time for the issue will be 16 minutes. The order of speaking generally will be determined on a first-come, firstserved basis, however, priority may be given to speakers who have not addressed the legislative body during Non-Agenda Public Comment at the last regularly scheduled Council meeting. A member of the public may only provide one non-agenda comment per agenda.

In-Person Non-Agenda Public Comment
Each speaker who wishes to address the Council must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak. Speaker slips may not be turned in prior to the meeting date or after completion of in-person testimony. In-person testimony shall conclude before virtual testimony begins.

Each person who wishes to address the Council shall approach the podium and state who they are representing if representing an organization or another person.

Virtual Non-Agenda Public Comment
Speakers who wish to provide virtual Non-Agenda Public Comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first. Those participating virtually may not share video or visual aids (i.e. pdf, ppt, docs) during their non-agenda comment period.

Please note: On Tuesdays, Non-Agenda Public Comment is taken during the 10am session, but some Non-Agenda Public Comment may be trailed, at the Council President’s discretion for meeting management purposes.

Comment on Agenda Items, Non-Agenda Public Comment, and Closed Session Public Comment may also be submitted using the webform indicating the comment type and item number (if relevant) for which you wish to submit your comment. Comments received by 8:00 AM the day of the meeting will be distributed to the City Council and posted online with the meeting materials. All webform comments are limited to 500 words but may include attachments. Comments received after 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.

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)

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