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
Henry L. Foster III • 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 MONDAY, APRIL 22, 2024, AT 9:00 AM and 1:00 PM
Monday, April 22, 2024
Page: 2
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 NonAgenda 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.
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Las solicitudes de servicios de traducción para ofrecer comentarios públicos se deberán hacer poniéndose en contacto con la City Clerk al (619) 533-4000 o por correo electrónico a:[email protected]. La ciudad se compromete a responder rápidamente a las solicitudes de traducción de idiomas con el fin de maximizar la participación del público. Para obtener más información sobre cómo participar y expresar comentarios sobre un asunto en las juntas del Concejo, haga clic en este enlace.
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Monday, April 22, 2024
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たはメール：mailto:[email protected]）に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
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목에 대해 의견을 제의하는 것에 관한 자세한 정보를 원하시면 다음의 링크를 클릭하십시오.
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
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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
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-san-diego/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:
Monday, April 22, 2024
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https://www.sandiego.gov/city-clerk/officialdocs/legisdocs/pffa MONDAY, APRIL 22, 2024 AT 9:00 AM
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON CLOSED SESSION
CLOSED SESSION PUBLIC COMMENT IS TAKEN DURING THE 9 AM MORNING PORTION OF THE AGENDA. THE COUNCIL ADJOURNS INTO CLOSED SESSION AT THE CONCLUSION OF
THE CLOSED SESSION PUBLIC COMMENT AND RESUMES THE PUBLIC PORTION OF THE MEETING AT 1 PM.
Monday, April 22, 2024
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MONDAY, APRIL 22, 2024 AT 1:00 PM
ROLL CALL
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
REQUESTS FOR CONTINUANCE BY COUNCILMEMBERS
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 600: Third Amendment to the Flexible Spending Account (FSA) and Consolidated Omnibus Budget Reconciliation Act (COBRA) Administration Services Contract Between the City of San Diego and WageWorks.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The annual cost is not-to-exceed $125,000 (based on the FSA administration rate of $2.15 per participant per month and the COBRA administration rate of $0.33 per employee per month) to be funded from the Risk Management Administration Fund Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-99)
Introduction of an Ordinance approving the extension of the Flexible Benefits Plan and COBRA administration services contract with WageWorks.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on March 14, 2024.
ACTION: Motion by Chair Lee, second by Council President Elo-Rivera, to recommend Council approval of staff’s proposed actions.
VOTE: 2-1; Lee-yea, Elo-Rivera-yea, LaCava-nay, Moreno-not present.
CONSENT, ORDINANCES TO BE INTRODUCED
Monday, April 22, 2024
Page: 6
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
Item 601: Authorization to Execute an Agreement with Assetworks, INC. for a Fleet Management Information System.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost over the life of the contract is not-to-exceed $4,000,000 payable from the Fleet Operations Operating fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-83)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute a Contract with AssetWorks Inc., for an initial term of five (5) years, with five (5) additional one-year option periods, to provide off-premise cloud-based Fleet Management Information System services along with additional optional services, in an amount not-to-exceed $4,000,000, and related funding actions. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget & Government Efficiency Committee meeting on March 14, 2024.
ACTION: Motion by Council President Pro Tem LaCava, second by Council President Elo-Rivera, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Lee-yea, LaCava-yea, Elo-Rivera-yea.
Department of General Services: David Onate, (619) 218-5372 City Attorney Contact: Markecia Simmons
Item 602: Award a Contract to DLT Solutions, LLC for Computer-Aided Drafting and Design Application Services.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $13,923,987, for a term of 5 years with one 3-year option to extend. The agreement will be funded by the Muni Sewer Revenue Fund, Metro Sewer Utility Fund, Water Utility Operating Fund, Refuse Disposal Enterprise Fund, Engineering & Capital Projects Fund, and the General Fund.
Council District(s) Affected: Citywide.
Monday, April 22, 2024
Page: 7
Proposed Actions:
(O-2024-93 Cor.Copy)
Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into an Agreement with DLT Solutions, Inc., in an amount not-to-exceed $13,923,987 to provide Computer-Aided Drafting and Design (CADD) application services related to the City CIP and different operation functions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on March 7, 2024.
ACTION: Motion by Committee Member von Wilpert, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-yea.
Engineering & Capital Projects: Mark Gonzalez, (619) 533-4180 City Attorney Contact: Dana Fairchild
Monday, April 22, 2024
Page: 8
ADOPTION AGENDA
Item 603: Salary Ordinance for Fiscal Year 2025.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Approval of the Salary Ordinance is required under the City’s Charter as part of the annual budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 4/8/2024, Item 201, (Council voted 7-0, Councilmember Moreno-not present, Council President Elo-Rivera-not present):
(O-2024-96 Cor. Copy)
Fiscal Year 2025 Salary Ordinance.
Committee Actions Taken: N/A
Human Resources: Erik Hanson, (619) 807-6269
City Attorney Contact: Thomas J. Brady
Item 604: Updates to the Municipal Code Chapter 02, Article 02, Division 26 Procedure Governing the Management of City Records and the City Clerk Administrative Guidelines.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
None.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 4/8/2024, Item 202, SubitemA (Council voted 7-0, Councilmember von Wilpert-not present, Councilmember Moreno-not present):
(O-2024-84)
Ordinance amending Chapter 2, Article 2, Division 26 of the San Diego Municipal Code by amending sections 22.2601, 22.2601, and 22.2603, by amending and retitling section
CONSENT, ORDINANCES TO BE ADOPTED
Monday, April 22, 2024
Page: 9
22.2604, by amending sections 22.2605 and 22.2606, and by amending and retitling section 22.2607, relating to procedures governing the management of City records.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on March 20, 2024.
ACTION: Motion by Committee Member Campillo, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Lee-yea, Campillo-yea, Moreno-yea.
Office of the City Clerk: Diana Fuentes, (619) 533-4080 City Attorney Contact: Hilda R. Mendoza
Item 605: Sixth Amendment to Cooperative Agreement Contract Between the City of San Diego and Herc Rentals, Inc. for Equipment Rental and Related Products and Services.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
This amendment increases the not-to-exceed amount by $14,000,000 to a total of $32,325,000, and extends the term of the contract by two years. Expenditure of the funds is contingent upon the adoption of the Annual Appropriation Ordinance for the applicable fiscal year and sufficient funding being available in each participating department’s budget each fiscal year.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 4/9/2024, Item 50, (Council voted 7-2, Council President Pro Tem LaCava-Nay, Councilmember von Wilpert-nay ):
(O-2024-86 Cor. Copy)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. Six to the Contract with Herc Rentals Inc., extending the Contract for a two-year option through through October 31, 2025 and increase the not-to-exceed amount to $32,325,000, in connection with the City's ongoing rental needs. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on March 14, 2024.
ACTION: Motion by Chair Lee, second by Council President Elo-Rivera to recommend Council approval of staff's proposed actions.
VOTE: 2-1; Lee-yea, Elo-Rivera-yea, LaCava-nay, Moreno-not present.
Monday, April 22, 2024
Page: 10
Purchasing & Contracting: Claudia C. Abarca, (619) 236-5921 City Attorney Contact: Mark M. Imada
Item 606: 1st Amendment to the As Needed Agreements with Arcadis U.S., Inc. (H186997), Kleinfelder Construction Services, Inc. (H186998), and WSP USA, Inc. (Formerly Louis Berger U.S., Inc.) (H186999).
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
This amendment does not include funding change nor has any cost impacts.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 4/9/2024, Item 51, Subitem-A, Subitem-B, and Subitem-C (Council voted 9-0):
Subitem-A: (O-2024-89)
Ordinance authorizing the Mayor, or designee, to execute Amendment No. 1 to Contract No. H186998 with Kleinfelder Construction Services for as-needed construction management services, extending the Contract an additional 24 months at no additional cost to the City to complete eight remaining task orders.
Subitem-A: 6 votes required pursuant to Charter Section 99.
Subitem-B: (O-2024-90)
Ordinance authorizing the Mayor, or designee, to execute Amendment No. 1 to Contract No. H168999 with WSP USA, Inc. for as-needed construction management services, extending the Contract an additional 10 months at no additional cost to the City to complete seven remaining task orders.
Subitem-B: 6 votes required pursuant to Charter Section 99.
Subitem-C: (O-2024-91)
Ordinance authorizing the Mayor, or designee, to execute Amendment No. 1 to Contract No. H186997 with Arcadis U.S., Inc. for as-needed construction management services, extending the Contract an additional 19 months at no additional cost to the City to complete eight remaining task orders.
Subitem-C: 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on March 7, 2024.
ACTION: Motion by Committee Member von Wilpert, second by by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
Monday, April 22, 2024
Page: 11
VOTE: 4-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-yea.
Engineering & Capital Projects: Alex Garcia, (858) 627-3287 City Attorney Contact: Dominic Mark Guglielmo
Item 607: Authorization of a Second Amendment to the Toyota Motor Sales and San Diego Toyota Dealers Advertising Association Marketing Agreement.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this second amendment to the agreement will result in a total cost of approximately $517,420 over the remainder of the two-year term of the marketing agreement or spanning Fiscal Year 2024 through Fiscal Year 2026. The cost is approximately $592.00/month/per vehicle (38 vehicles) covered by San Diego FireRescue usage fees. Fees will come from the General Fund Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 4/9/2024, Item 52, (Council voted 9-0):
(O-2024-88)
Ordinance approving the second amendment to marketing partnership agreement with Toyota Motor Sales U.S.A., Inc., and the San Diego County Toyota Dealers Advertising Association.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on March 13, 2024.
ACTION: Motion by Committee Member Campbell, second by Chair Lee, 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: Marguerite Middaugh
Item 608: Second Amendment to the As-Needed Engineering Services Agreements with Kleinfelder, Inc. for Contract 3 (H187008) and HDR Engineering, Inc. for Contract 4 (H187009).
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Monday, April 22, 2024
Page: 12
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this second amendment to the two agrmts will increase the cost by $1,210,000 for a total contract amt of $13,710,000 over the 96-mth term of the Kleinfelder (KLF) agrmt and will increase the cost by $1,880,000 for a total contract amt of $14,380,000 over the 102-mth term of the HDR agrmt. Funds will come from Water Utility Operating and Metro Sewer CIP for the KLF agrmt and from Muni Sewer Revenue, Water Utility Operating, Metro Sewer CIP, and Water Utility CIP for the HDR agrmt
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 4/9/2024, Item 53, Subitem-A and Subitem-B (Council voted 9-0):
Subitem-A: (O-2024-97)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract (No. H187008) with Kleinfelder, Inc., extending the Contract through April 8, 2027, to complete task orders for as-needed engineering services.
Subitem-A: 6 votes required pursuant to Charter Section 99.
Subitem-B: (O-2024-98)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract (No. 187009) with HDR Engineering, Inc., extending the Contract through October 27, 2027, to complete task orders for as-needed engineering services.
Subitem-B: 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on March 14, 2024.
ACTION: Motion by Committee Member von Wilpert, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, Campbell-yea, von Wilpert-yea.
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Melissa Ables
Monday, April 22, 2024
Page: 13
Item 609: Fifth Amendment to Bentley Systems Contract for Computer-Aided Drafting and Design (CADD) Application Services.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this fifth amendment to the agreement will increase the cost by $1,107,594, for a total contract amount of $6,234,907. Funding will come from the Muni Sewer Revenue Fund, Metro Sewer Utility Fund, Water Utility Operating Fund, Refuse Disposal Enterprise Fund, Engineering & Capital Projects Fund, and the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 4/9/2024, Item 55, (Council voted 8-1, Councilmember Campillo-nay):
(O-2024-94)
Ordinance authorizing the Mayor, or his designee, to execute Fifth Amendment to the Contract with Bentley Systems, Inc. extending the Contract through June 30, 2025, in connection with the Computer Aided Drafting Design application services. 6 votes required pursuant to Charter Section 99
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on March 7, 2024.
ACTION: Motion by Committee Member von Wilpert, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-yea.
Engineering & Capital Projects: Mark Gonzalez, (619) 533-4180 City Attorney Contact: Dana Fairchild
Monday, April 22, 2024
Page: 14
Item 610: Authorization for the Public Facilities Financing Authority of the City of San Diego Sewer Revenue Bonds.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Estimated debt service for the 2024 Sewer Bonds is $14.2 million in Fiscal Year 2025 and $17.6 million annually from Fiscal Year 2026 to Fiscal Year 2054, paid from the Sewer Revenue Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 4/9/2024, Item 335, (Council voted 9-0):
(O-2024-92)
Ordinance approving and authorizing the issuance and sale by the Public Facilities Financing Authority of the City of San Diego of one more more series of its Sewer Revenue Bonds in the aggregate principal amount not-to-exceed $300,000,000 to finance additional components to wastewater system and approving other related documents and actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on March 14, 2024.
ACTION: Motion by Committee Member LaCava, second by Committee Member EloRivera.
VOTE: 3-0; Lee-yea, Elo Rivera-yea, LaCava-yea, Moreno-not present.
Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: David Powell
Monday, April 22, 2024
Page: 15
ADOPTION AGENDA
Item 611: This item has been removed from the Agenda. (Rev. 4/18/24) Item 612: Settlement of D.S. (Deceased: Yan Li) v. County of San Diego, et al., United States District Court No. 23cv0459-AJB-BLM, Claim No. 29076.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $125,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-441)
Resolution authorizing the settlement of D.S. (Yan Li) v. County of San Diego, et al., United States District Court 23cv0459-AJB-BLM, related to the wrongful death of plaintiff’s mother arising from an officer-involved shooting that occurred the afternoon of March 3, 2022. Claim No. 29076.
Committee Actions Taken: N/A
Office of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486 Item 613: Settlement of Daniel Vander Meer v. City of San Diego, San Diego Superior Court No. 37-2020-00038094-CU-PA-CTL, Claim No. 24528.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $600,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-400)
Resolution authorizing the settlement of Daniel Vander Meer v. City of San Diego, San Diego Superior Court No. 37-2020-00038094-CU-PA-CTL, related to a claim of personal injury arising from a traffic accident that occurred at an alleged dangerous condition at the intersection of Catalina Blvd. and Del Mar Ave. on September 4, 2019.
Risk Claim No. 24528.
CONSENT, RESOLUTIONS TO BE ADOPTED
Monday, April 22, 2024
Page: 16
Committee Actions Taken: N/A
Office of the City Attorney: Michelle T. Neff, (619) 533-5834 Item 614: Settlement of Michael Gailband v. City of San Diego, San Diego Superior Court No. 37-2022-00013475-CU-NP-CTL, Claim No. 27425.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $60,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-409)
Resolution authorizing the settlement of Michael Gailband v. City of San Diego, San Diego Superior Court No. 37-2022-00013475-CU-NP-CT, related to a bicycle accident caused by an alleged dangerous condition in a bike lane on January 24, 2021. Claim No. 27425.
Committee Actions Taken: N/A
Office of the City Attorney: Michelle T. Neff, (619) 533-5834 Item 615: Wilson Kennedy, III v. City of San Diego, et al., San Diego Superior Court Case No. 37-2021-00039314-CU-OE-CTL, Claim No. 28279.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $250,00.00 will be paid from the Water Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-401)
Resolution authorizing the settlement of Wilson Kennedy, III v. City of San Diego, et al., San Diego Superior Court Case No. 37-2021-00039314-CU-OE-CTL, related to a claim of alleged discrimination and failure to prevent discrimination based on denial of promotional opportunities. Claim No. 28279.
Committee Actions Taken: N/A
Office of the City Attorney: Paul H. James, (619) 533-5454 Monday, April 22, 2024
Page: 17
Item 616: Reappointments to the Commission on the Status of Women.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3, 5, 7, 9.
Proposed Actions:
(R-2024-470)
Resolution confirming the Mayor's reappointments of Marlyn Carrilo, Wendy Urushima-Conn, Gail Friedt, Solange Jacobs, and Dana Toppel to the Commission on the Status of Women for terms ending March 1, 2026.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 617: Reappointments to the International Affairs Board.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 2, 3, 5, 8.
Proposed Actions:
(R-2024-473)
Resolution confirming the Mayor's reappointment of Lucas Coleman, Benjamin Eastman, Dr. Luc Lenain, Dr. Shahrzad Kamyab, Melissa Floca, Karen Higareda, Dr.
Leila Naderi, and Kenia Zamarripa to the International Affairs Board for terms ending March 1, 2026.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 618: Appointments to the Climate Advisory Board.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Monday, April 22, 2024
Page: 18
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 2, 3, 4, 5, 6, 7, 9.
Proposed Actions:
(R-2024-472)
Resolution confirming the appointments of Dr. Cindy Lin, Josh Dean, Mahayla Slackerelli, Dr. Madison Swayne, Alexa Marie Kerr, Kelly Lyndon, Whitney Pearce, and Elisa Velazquez for terms ending August 1, 2025, and Jason Anderson, Cristina Marquez, Tanisha-Jean Martin, Amy Ly, Kelly Mills, and JD Weidman for terms ending August 1, 2024 to the Climate Advisory Board.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item 619: This item has been removed from the Agenda. (Rev. 4/18/24) Monday, April 22, 2024
Page: 19
Item 620: Honorary Street Name: Recognition of Howard Wayne on the 1100 Block of Morena Boulevard (Intersection of Buenos Avenue and Morena Boulevard) Pursuant to San Diego Municipal Code Section 125.1130, “Honorary Street Names,” and Council Policy 200-10, “Honorary Street Names.” This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
Council Policy 200-10, “Honorary Street Names,” states that funding for the installation of honorary street title signs shall be the responsibility of the sponsoring Councilmember. The Councilmember shall identify, obtain, and make such funds available to the Mayor or designee. Therefore, funding for this honorary street title sign will be provided by Council District 7, in the amount of $1,155.78.
Council District(s) Affected: 7.
Proposed Actions:
R-2024-481
Resolution designating the 1100 Block of Morena Boulevard at the intersection of Buenos Avenue and Morena Boulevard located in the Linda Vista Community as Howard Wayne Street.
Committee Actions Taken: N/A
Council District 7: Miles Noel, (619) 236-7716
City Attorney Contact: Ray Palmucci
Item 621: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2024-252)
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.
Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
INFORMATIONAL ITEMS
Monday, April 22, 2024
Page: 20
Item 622: Presentation of the Mayor’s Fiscal Year 2025 Proposed Budget.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 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
Department of Finance: Rolando Charvel, (619) 533-4535
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 623: Greater Hillcrest Maintenance Assessment District Formation Overseen by the Economic Development Department.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
If approved by property owners, approximately $743,224 will be assessed to the 499 parcels within the proposed GHMAD in Fiscal Year 2025. In addition to the FY25 General Benefit Offset of $39,117, the City owns two (2) assessable parcels that would be assessed at $4,192, resulting in an annual General Fund impact of $43,309. If the City Council determines that the GHMAD will be administered by an Owner's Association, then the City will receive either $3,500 or 4% whichever is less.
Council District(s) Affected: 3.
Proposed Actions: (Rev. 4/17/24)
(R-2024-478)
Resolution approving district management plan and assessment engineer’s report and declaring the Council’s intention to form the Greater Hillcrest Maintenance Assessment District and to levy and collect annual assessments within the district for the life of the district; directing the mailing and ballots to identified property owners; and fixing time and place for a public hearing with respect to this matter.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on March 21, 2024.
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Monday, April 22, 2024
Page: 21
ACTION: Motion by Committee Member Campillo, second by Chair Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 2-0; Campbell-yea, Campillo-yea, von Wilpert-not present.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
Item 624: The Acceptance and Application of $3.5 Million in State Grant Funds for Memorial Park Lighting Improvements.
Total Estimated Cost of Proposed Action and Funding Source:
This action would allocate $3.5 million in State grant funds to Memorial Park Lighting Improvements.
Council District(s) Affected: 8.
Proposed Actions:
(R-2024-467)
Resolution authorizing the Mayor, or his designee, to make an application to the California Department of Parks and Recreation Local Assistance Specified GrantsCapital Grants Program and to accept, appropriate, and expend an amount not-to-exceed $3,500,000 in Grant Program funding for the upgrade and replacement of existing lighting, and the installation of new lighting, throughout Memorial Community Park, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and for all related actions.
Committee Actions Taken: N/A
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Jane M. Boardman
ADOPTION AGENDA
Item 625: 4970 Market Street Easement Vacations for a Slope Easement and a Storm Drain Easement - Project No. 1102562.
This item will be considered in the afternoon session which is scheduled to begin at 1:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
All costs associated with this action are recovered through fees paid by the applicant.
Council District(s) Affected: 4.
Proposed Actions:
Easement vacation to vacate Slope Easement No. 2019-0398351 and Drainage Easement No. 90323 within Parcel 3, Parcel Map 21146 located at 4970 Market Street.
DISCUSSION, NOTICED HEARINGS:
Monday, April 22, 2024
Page: 22
(R-2024-433)
Resolution of the Council of the City of San Diego vacating a slope easement and drainage easement located at 4970 Market Street – Project No. 1102562, Easements Vacation No. 3246237.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Sara Osborn, (619) 446-5381
City Attorney Contact: Lauren Hendrickson
Monday, April 22, 2024
Page: 23
Item 626: This item has been removed from the Agenda and will return at a later date. (Rev. 4/19/24)
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 will be taken at the time the item is heard.)
PUBLIC NOTICES
Items are listed under Public Notices as a matter of public record only. These items do not require Council action and there is no public testimony.
Item 650: Submission of Ballot Proposals for the November 5, 2024 Ballot.
SUBMISSION OF BALLOT PROPOSALS
FOR THE NOVEMBER 5, 2024 BALLOT
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes - including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected]. The City Clerk’s Office has established the following calendar for the November 5, 2024 election.
DATE
DAYS
BEFORE
ELECTION
EVENT
Friday, March 29, 2024 221
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Thursday, April 18, 2024 201
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review, where
the Committee will decide if they will be
presented to the full Council for consideration
Monday, April 22, 2024
Page: 24
Wednesday, June 5, 2024 153
Measures that advance from initial review
proceed to a second Committee review, where
the Committee will decide if they will be
presented to the full Council for consideration.
Monday, June 10, 2024 148
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, August 9, 2024 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, August 12, 2024 85
Last day to submit the Fiscal Impact Analysis;
Ballot and Title Summary; and Impartial
Analysis with City Clerk
Wednesday, August 14, 2024 83 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information.
If you have questions, please contact the Office of the City Clerk at (619) 533-4000 or via e-mail at [email protected]
NON-AGENDA ITEMS
REPORT OUT FROM CLOSED SESSION
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Monday, April 22, 2024
Page: 25
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.
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.
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, first-served basis, however, priority may Monday, April 22, 2024
Page: 26
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 7:00 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 7:00 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)