Cities Index.
Agenda, second session

San Diego City Council
May 14, 2024

Document
Agenda, second session
Meeting
May 14, 2024
Body
San Diego City Council
Pages
38
Original file
270 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
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 TUESDAY, MAY 14, 2024, AT 10:00 AM and 2:00 PM
Tuesday, May 14, 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, May 14, 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, MAY 14, 2024 AT 10:00 AM
Tuesday, May 14, 2024

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ROLL CALL

PLEDGE OF ALLEGIANCE

REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED

DURING THE MORNING MEETING

APPROVAL OF COUNCIL MINUTES
3/11/2024
3/12/2024
3/18/2024
3/19/2024
3/25/2024 Adjourned
3/26/2024 Adjourned
4/1/2024 Adjourned
4/2/2024 Adjourned
Tuesday, May 14, 2024

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

ADOPTION AGENDA
Item 50: Third Amendment to Carahsoft ePlansoft Contract for Electronic Plan Review.

Total Estimated Cost of Proposed Action and Funding Source:

This third amendment will increase the not-to-exceed amount of the contract by $2,567,175, for a total not-to-exceed value of $6,500,000 over the 7-year term of the agreement. Funding is available within Development Services Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-102)
Introduction of an Ordinance approving a third amendment to the Carahsoft/ePlansoft contract C1407 for electronic plan review by extending the term of the contract for two years and increasing the contract’s not-to-exceed amount by $2,567,175.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on April 18, 2024.

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

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

Development Services: Rimah Khouri-Velez, (619) 446-5007 City Attorney Contact: Noah Brazier
CONSENT, ORDINANCES TO BE INTRODUCED:

Tuesday, May 14, 2024

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Item 51: Third Amendment to the Cooperative Procurement Contract Between City of San Diego and DLT Solutions, LLC for Oracle Products and Services.

Total Estimated Cost of Proposed Action and Funding Source:

This amendment increases the not-to-exceed amount of the original Oracle Products and Services Contract by $3,000,000 to a total of $4,200,000 over the four-year term which expires in Nov 2028. Expenditure of funds for the Oracle Products and Services contract is available in E&CP Department O&M budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-112)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the Third Amendment to the Cooperative Procurement Contract with DLT Solutions, LLC, extending the Contract through November 30, 2028, for Oracle products and services to support the Primavera P6 scheduling system. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 25, 2024.

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

VOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.

Engineering & Capital Projects: Saeed Abdollahi, (619) 533-6628 City Attorney Contact: Dana Fairchild
Item 52: Authority to Approve Construction Change in Excess of $2M on Morena Pump Station (K-21-1807-DBB-3-A) and Extend the
Construction Contract Beyond 5 Years.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of this action is $6,500,000 and is available in CIP P-19002, Pure Water Pooled Contingency, Fund 700009, Metro Sewer CIP.

Council District(s) Affected: 2, 7.

Proposed Actions:
(O-2024-108)
Introduction of an Ordinance authorizing the Mayor, or his Designee, to issue one or more change orders extending the obligations of the construction Tuesday, May 14, 2024

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contract with Flatiron West, Inc. an additional eighteen months to December 2027 and to cover additional costs associated with dewatering the Morena Pump Station site in a total combined amount not-to-exceed $6,500,000. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 11, 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, Elo-Rivera-not present.

Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 City Attorney Contact: Elizabeth Cason
Item 53: Authority to Approve Construction Change Order (CCO) 9 for K-21- 1848-DBB-3 Morena Conveyance North and Extend the Construction Contract Obligations Beyond 5 Years.

Total Estimated Cost of Proposed Action and Funding Source:

This action is to execute Construction Change Order 9 to the construction contract with OHLA USA, Inc. for a total amount of $8,445,450.00 or 8.9% increase from the original contract award amount of $95,243,645.12 for the I805 tunnel unforeseen soil conditions and change to microtunneling at San Clemente Canyon and Rose Canyon tunnels.

Council District(s) Affected: 1, 6.

Proposed Actions:
(O-2024-109)
Introduction of an Ordinance authorizing the Mayor, or his Designee, to execute Change Order No. 9 to the Construction Contract with Ohula USA, Inc. for the Morena Conveyance North in an amount not-to-exceed $8,445,450 and adding working days that will extend the contract for an additional twenty months for completion of construction
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 11, 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, Elo-Rivera-not present.

Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 Tuesday, May 14, 2024

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City Attorney Contact: Elizabeth Cason
Item 54: Authorization to Enter into the First Amendment to the Agreement with Qiagen, LLC for Maintenance and Service of DNA Testing Instruments, Consumables, and As-Needed Instruments.

Total Estimated Cost of Proposed Action and Funding Source:

This action requests expenditure authority for an amount not-to-exceed $2,000,000 over the five (5) year term of the Agreement. An estimated $400,000 will be expended annually from a combined source of federal and state funding and/or the Police Department General Fund for maintenance, services, and consumables, and instrumentation.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-110)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Qiagen, LLC, extending the contract through 2029, to provide maintenance and service of DNA testing instruments, consumables, and as-needed instruments.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on April 25, 2024.

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

VOTE: 3-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-not present.

Police: Shawn Montpetit, (619) 531-2817
City Attorney Contact: Lara Easton
Item 55: Dissolution of the Citizens Advisory Board on Police/Community Relations.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-111)
Introduction of an Ordinance amending Chapter 2, Article 6, Division 8 of the San Diego Municipal Code by repealing Division 8, sections 26.0801, 26.0802, Tuesday, May 14, 2024

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and 26.0803, relating to the Citizens Advisory Board on Police/Community Relations and dissolving this board.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on April 25, 2024.

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

VOTE: 3-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-not present.

Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Tuesday, May 14, 2024

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ADOPTION AGENDA
Item 56: 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.

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:

Adopt the following Ordinance which was introduced on 4/22/2024, Item 600 (Council voted 8-1, Councilmember LaCava-nay):
(O-2024-99)
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.

Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady
CONSENT, ORDINANCES TO BE ADOPTED:

Tuesday, May 14, 2024

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Item 57: Authorization to Execute an Agreement with Assetworks, INC. for a Fleet Management Information System.

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:

Adopt the following Ordinance which was introduced on 4/22/2024, Item 601 (Council voted 9-0):
(O-2024-83)
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
Tuesday, May 14, 2024

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Item 58: Award a Contract to DLT Solutions, LLC for Computer-Aided Drafting and Design Application Services.

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.

Proposed Actions:

Adopt the following Ordinance which was introduced on 4/22/2024, Item 602 (Council voted 8-1, Councilmember von Wilpert-nay):
(O-2024-93 Cor.Copy)
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
Tuesday, May 14, 2024

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Item 59: An Ordinance Setting Aside a Certain Portion of Dedicated City Parkland, Commonly Known as Palm Ridge Park (APN 631-271-01), for the Opening and Maintenance of a City Street Under San Diego Charter Section 55 in Conjunction with the Palm Avenue Interstate 805 Interchange Project CIP S-00869.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: 8.

Proposed Actions:

Adopt the following Ordinance which was introduced on 4/29/2024, Item 600 (Council voted 8-0, Councilmember Moreno-not present):
(O-2024-103 Cor. Copy)
Ordinance authorizing the opening and maintenance of a street over, through, and across a portion of dedicated City parkland in Palm Ridge Park in the Otay Mesa community under San Diego Charter section 55.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on April 18, 2024.

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

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

Department of Real Estate and Airport Management: Mary Carlson, (619) 236- 6079
City Attorney Contact: Delmar Williams
Tuesday, May 14, 2024

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Item 60: Approval of Retiree Health Administration Contract between the City of San Diego and Benefit Outsourcing Solutions, Inc.

Total Estimated Cost of Proposed Action and Funding Source:

The not to exceed amount of the Contract is $1,000,000 annually, or $10,000,000 over the 10-year term of the Contract, from the Risk Administration Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 4/29/2024, Item 601 (Council voted 7-1, Councilmember von Wilpert- nay, Councilmember Morenonot present):
(O-2024-100)
Ordinance approving a retiree health administration contract between the City of San Diego and Benefit Outsourcing Solutions, Inc.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Thomas J. Brady

ADOPTION AGENDA
Item 61: First Amendment to the Agreement with Regents of the University of California, San Diego (UCSD) for the Scripps Institution of Oceanography (SIO) to Evaluate Anthropogenic Impacts on the San Diego Coastal Kelp Forest Ecosystem (2024-2029).

Total Estimated Cost of Proposed Action and Funding Source:

This amendment increases the not-to-exceed amount of the original as-needed agreement by $4,710,510 to a total of $8,264,631 over a five-year term which expires June 30, 2029. Expenditure of funds for as needed services is contingent upon sufficient funding being available in the Public Utilities Department’s budget each fiscal year.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2024-498)
Resolution determining that the First Amendment with the Regents of the University of California, San Diego for the Scripps Institution of Oceanography is exempt from the California Environmental Quality Act Pursuant to Section 15306 of the CEQA Guidelines.

CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:

Tuesday, May 14, 2024

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Subitem-B: (O-2024-105 Cor. Copy) (Rev. 5/9/24)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Regents of the University of California, San Diego for the Scripps Institution of Oceanography, extending the Contract through June 30, 2029, and increasing the not-to-exceed amount by $4,710,510, in connection with the evaluation of anthropogenic impacts on the coastal kelp forests.

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

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 11, 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, Elo-Rivera-not present.

Public Utilities: Ryan Kempster, (619) 758-2329
City Attorney Contact: Justin Stanek
Tuesday, May 14, 2024

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ADOPTION AGENDA
Item 100: Resolution in Support of Assembly Bill 3024: The Stop Hate Littering Act.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-531)
Resolution supporting Assembly Bill 3024, "The Stop Hate Littering Act" Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on April 25, 2024.

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

VOTE: 3-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-not present.

Council District 7: Carrie Shah, (619) 533-5906
City Attorney Contact: Heather Ferbert
Item 101: Authorization to Execute a Contract with Carbon Activated Corporation (ITB 10090018-23-J) to Provide Carbon Tower Odor Removal and Installation Services at Wastewater Facilities.

Total Estimated Cost of Proposed Action and Funding Source:

The total not-to-exceed amount for this contract is $3,602,793.59 from the Metro Sewer Utility Fund.

Council District(s) Affected: 2, 6, 8.

Proposed Actions:
(R-2024-501)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Carbon Activated Corporation, in an amount not-to-exceed $3,602,793.59, to provide carbon tower odor removal and installation services, related to the water and wastewater treatment plants.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 11, 2024.

CONSENT, RESOLUTIONS TO BE ADOPTED:

Tuesday, May 14, 2024

Page 17 ends

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, Elo-Rivera-not present.

Public Utilities: David Bryant, (858) 654-4245
City Attorney Contact: Justin Stanek
Item 102: Award Three (3) As-Needed Construction Management Services Contracts with Richard Brady and Associates (H2326217), Kleinfelder Construction Services (H2326218), Ghirardelli Associates Inc. (H2326219).

Total Estimated Cost of Proposed Action and Funding Source:

This action would authorize an as-needed amount not-to-exceed $15,000,000 for each contract.

Council District(s) Affected: Citywide.

Proposed Actions: (Rev. 5/9/24)
(R-2024–521)
Resolution authorizing Agreements with Richard Brady and Associates, Kleinfelder Construction Services, and Ghirardelli Associates Inc. for as-needed construction management services, in an amount not-to-exceed $15,000,000 over five years, and related funding actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 25, 2024.

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

VOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.

Engineering & Capital Projects: Alex Garcia, (858) 627-3287 City Attorney Contact: Michael Johnston
Item 103: Award Three (3) As-Needed Construction Management Services Contracts with Kleinfelder Construction Services (H2326236), Harris & Associates, Inc. (H2326237), and Ardurra Group, Inc. (H2326238).

Total Estimated Cost of Proposed Action and Funding Source:

This action would authorize an as-needed amount not-to-exceed $15,000,000 for each contract.

Council District(s) Affected: Citywide.

Tuesday, May 14, 2024

Page 18 ends

Proposed Actions: (Rev. 5/9/24)
(R-2024-522)
Resolution authorizing Agreements with Kleinfelder Construction Services, Harris & Associates, Inc., and Ardurra Group, Inc. for as-needed construction management services, in an amount not to exceed $15,000,000 over five years, and related funding actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 25, 2024.

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

VOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.

Engineering & Capital Projects: Alex Garcia, (858) 627-3287 City Attorney Contact: Michael Johnston
Tuesday, May 14, 2024

Page 19 ends

Item 104: Landscape Contract with Aztec Landscaping, Inc. for the Torrey Hills Maintenance Assessment District (Contract #10089857-23-L).

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize a service contract with Aztec Landscaping, Inc. over a five-year period and authorize the expenditure of funds in an amount not-toexceed $5,740,474. Funds for this action are available in the Torrey Hills MAD Fund.

Council District(s) Affected: 1.

Proposed Actions:

Subitem-A: (R-2024-518 Cor.Copy) (Rev. 5/9/24)
Resolution determining that the Project to provide landscape maintenance services is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.

Subitem-B: (R-2024-517)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Aztec Landscaping, Inc, in an amount not-to-exceed 5,740,474, to provide landscape services within the Torrey Hills Maintenance Assessment District.

Committee Actions Taken:

This item was heard at the Community and Neighborhood Services Committee meeting on April 11, 2024.

ACTION: Motion by Committee Member von Wilpert, second by Committee member Foster III, to recommend Council approval of staff’s proposed actions.

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

Parks & Recreation: Michael Jones, (619) 685-1307
City Attorney Contact: Daphne Z. Skogen
Tuesday, May 14, 2024

Page 20 ends

Item 105: Landscape Contract with Aztec Landscaping, Inc. for the Miramar Ranch North Maintenance Assessment District (Contract #10089759- 23-L).

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize a service contract with Aztec Landscaping, Inc. over a five-year period and authorize the expenditure of funds in an amount not-toexceed $6,498,674. Funds for this action are available in the Miramar Ranch North MAD Fund.

Council District(s) Affected: 5.

Proposed Actions:

Subitem-A: (R-2024-520 Cor.Copy) (Rev. 5/9/24)
Resolution determining that the Project to provide landscape maintenance services is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.

Subitem-B: (R-2024-519)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Aztec Landscaping, Inc, in an amount not-to-exceed $6,498,674 over up to five years, to provide landscape services within the Miramar Ranch North Maintenance Assessment District.

Committee Actions Taken:

This item was heard at the Community and Neighborhood Services Committee meeting on April 11, 2024.

ACTION: Motion by Committee Member von Wilpert, second by Committee member Foster III, to recommend Council approval of staff’s proposed actions.

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

Parks & Recreation: Michael Jones, (619) 685-1307
City Attorney Contact: Daphne Z. Skogen
Tuesday, May 14, 2024

Page 21 ends

Item 106: Authorization to Execute a Contract with Kemira Water Solutions, Inc. (ITB 10090062-24-M) to Purchase Ferric Chloride for the Public Utilities Department Water and Wastewater Treatment Plants.

Total Estimated Cost of Proposed Action and Funding Source:

The total not-to-exceed amount for this contract is $40,350,000 from the Metro Sewer Utility Fund and Water Utility Operating Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-500)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Kemira Water Solutions, Inc., in an amount not-to-exceed $40,350,000, to provide ferric chloride, related to the water and wastewater treatment plants.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 11, 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, Elo-Rivera-not present.

Public Utilities: David Bryant, (858) 654-4245
City Attorney Contact: Justin Stanek
Item 107: Authorization to Execute a Contract with California Water Technologies, LLC (ITB 10090046-24-M) to Purchase Ferrous Chloride for the Public Utilities Department Wastewater Treatment Plants.

Total Estimated Cost of Proposed Action and Funding Source:

The total not-to-exceed amount for this contract is $ 21,234,000 from the Metro Sewer Utility Fund.

Council District(s) Affected: 2, 6.

Proposed Actions:
(R-2024-499)
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with California Water Technologies, LLC, in an amount not-to-exceed $21,234,000 to provide ferrous chloride, related to the water and wastewater treatment plants.

Committee Actions Taken:

Tuesday, May 14, 2024

Page 22 ends

This item was heard at the Environment Committee meeting on April 11, 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, Elo-Rivera-not present.

Public Utilities: David Bryant, (858) 654-4245
City Attorney Contact: Justin Stanek
Item 108: Approval of the Use of The Mission Bay and Ocean Beach (OB) Pier Urban Area Security Initiative (UASI) Camera System (Camera System) 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-2024-515)
Resolution approving the Mission Bay and Ocean Beach Pier Camera System 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 April 25, 2024.

ACTION: Motion by Chair von Wilpert, second by Committee member Campbell, to approve a Resolution authorizing the use of The Mission Bay and Ocean Beach (OB) Pier Urban Area Security Initiative (UASI) Camera System (Camera System) pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance, with the following requirements met based on the staff report and other back up materials; (A) the benefits to the community of the City's acquisition and use of the surveillance technology outweigh the cost; (B) the proposed use of the surveillance technology will safeguard civil rights and; (C) based on the facts and information presented to City Council, there is no effective alternative to the proposed surveillance technology that provides a lesser financial cost to the City and impact on civil rights or civil liberties.

VOTE: 3-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-not present.

Fire-Rescue: Assistant Fire Chief John Wood, (619) 572-5690 City Attorney Contact: Daniel Orloff
Tuesday, May 14, 2024

Page 23 ends

Item 109: Approval of Nighthawk LEOVision Under the Transparent and Responsible Use of Surveillance Technology Ordinance.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-474)
Resolution approving Nighthawk LEOVision 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 April 25, 2024.

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

VOTE: 3-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-not present.

Police: Captain Richard Freedman, (619) 531-2775
City Attorney Contact: Lara Easton
Item 110: Approval of Mobile Device Forensic Technologies Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures associated with this action
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-505)
Resolution approving Mobile Device Forensic Technologies 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 April 25, 2024.

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

VOTE: 3-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-not present.

Police: Lisa Merzwski, (619) 531-2460
Tuesday, May 14, 2024

Page 24 ends

City Attorney Contact: Jill S. Cristich
Item 111: Sale of the City-Owned, Surplus Property Located at 123 E. Seaward Ave, San Diego, CA 92173 (A Portion of Assessor’s Parcel Number 638- 161-38-00), to Casa Familiar, Inc., a 501(c)(3) Community-Based Organization, for Low-Income Affordable Housing.

Total Estimated Cost of Proposed Action and Funding Source:

The City will receive $60,000 in proceeds from the proposed sale, minus title and escrow costs, which will be deposited into the Capital Outlay Misc Revenue Fund.

Council District(s) Affected: 8.

Proposed Actions:

Subitem-A: (R-2024-502)
Resolution determining that approving the City's sale of the real property at 123 East Seaward Avenue in San Diego for affordable housing purposes is exempt from the California Environmental Quality Act under CEQA Guidelines section 15312.

Subitem-B: (R-2024-503)
Resolution approving a Purchase and Sale Agreement between the City and Casa Familiar, Inc. for the City's sale of the real property at 123 East Seaward Avenue in San Diego for $60,000, making related public purpose findings, and waiving application of Council Policies 700-10 and 700-12 pertaining to the sale of City-owned real property at a discounted purchase price.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on March 21, 2024.

ACTION: Motion by Committee Member Moreno, second by Chair Lee, to recommend Council approval of staff’s proposed actions with the following amendments: 1) the City to obtain a right of first refusal. 2) Staff to include a waiver of policy 700-10 when the resolution goes to full Council. (Rev. 5/10/24) VOTE: 4-0; LaCava-yea, Whitburn-yea, Lee-yea, Moreno-yea.

Department of Real Estate and Airport Management: Marc Frederick, (619) 236- 6733
City Attorney Contact: Kevin Reisch
Item 112: Lease for 411 Raven Street, San Diego, CA Between the City of San Diego and Raven 411, LLC.

Total Estimated Cost of Proposed Action and Funding Source:

Tuesday, May 14, 2024

Page 25 ends

$56,098.80 from the General Fund.

Council District(s) Affected: 9.

Proposed Actions:

Subitem-A: (R-2024-491)
Resolution determining that the approval of the five-year lease between the City of San Diego and Raven 411, LLC for the 30,000 square feet of office and warehouse space at 411 Raven Street for the Parks and Recreation Department is categorically exempt from the California Environmental Quality Act under CEQA Guidelines section 15301.

Subitem-B: (R-2024-492)
Resolution approving a five-year lease between the City of San Diego and Raven 411, LLC for approximately 30,000 square feet of office and warehouse space for the Parks and Recreation Department located at 411 Raven Street, San Diego, CA 92102.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on April 18, 2024.

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

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

Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
Item 113: State Funding ($1,250,000) for Replacement Firefighting Vessel.

Total Estimated Cost of Proposed Action and Funding Source:

The total amount for the project allocated by the State of California is $1,250,000. This funding is set up to be received upfront and does not require reimbursement of City funds. All grant funding will be used for the purpose of purchasing the replacement Firefighting Vessel.

Council District(s) Affected: 1, 2.

Proposed Actions:
(R-2024-509)
Resolution authorizing the acceptance, appropriation, and expenditure of California Assembly Bill 102 pass-through grant funding in the amount of $1,250,000 for a replacement firefighting vessel.

Tuesday, May 14, 2024

Page 26 ends

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on April 25, 2024.

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

VOTE: 3-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-not present.

Fire-Rescue: James Gartland, (619) 221-8832
City Attorney Contact: Daniel Orloff
Item 114: Roswell Street Overlay Priority Budget Legislation Program Cycle 3 Grant Funding in the Amount of $710,000.00.

Total Estimated Cost of Proposed Action and Funding Source:

PLBP Cycle 3 Grant Award in an amount of $710,000.00 within Grant Fund State. This Grant does not require a local match.

Council District(s) Affected: 4.

Proposed Actions:
(R-2024-508)
Resolution authorizing the Mayor, or designee, to make applications to the State of California/CalTrans and take all necessary actions to secure PLBP Cycle 3 Grant Program AB-102 funding in an amount not to exceed $710,000 for CIP AID00005, Street Resurfacing and Reconstruction B-24137, Roswell Street Overlay Project;
Authorizing the Chief Financial Officer to increase the FY24 Budget, and to accept, appropriate, and expend PLBP Cycle 3 AB-102 grant funding in an amount not-to-exceed $710,000, contingent upon receipt of a fully executed Funds Transfer Agreement, if the grant funding is secured.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 25, 2024.

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

VOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.

Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Ray Palmucci
Item 115: Appointment to the Mission Bay Park Committee.

Tuesday, May 14, 2024

Page 27 ends

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2.

Proposed Actions:
(R-2024-480)
Resolution confirming the Mayor's appointment of Bernadette Butkiewcz to the Mission Bay Park Committee for a term ending June 30, 2025.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item S502: Declaring a Continued State of Local Emergency Due to January 22, 2024 Winter Storm. (Added 5/9/24)
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-537)
Resolution declaring a continued state of local emergency related to the January 22, 2024 severe winter storm.

Committee Actions Taken: N/A
Office of the Mayor: Matt Yagyagan, (619) 236-6330
City Attorney Contact: Michelle Garland

NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET

ANALYST, CITY CLERK, CITY ATTORNEY
Tuesday, May 14, 2024

Page 28 ends

PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Parkinson’s Awareness Month.

COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER CAMPBELL,

COUNCILMEMBER VON WILPERT, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

Proclaiming April 2024 to be “Parkinson’s Awareness Month” in the City of San Diego.

Item 31: Union of Pan Asian Communities 50th Anniversary Day.

COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER WHITBURN AND COUNCILMEMBER LEE'S RECOMMENDATION:

Proclaiming May 16, 2024, to be “Union of Pan Asian Communities 50th Anniversary Day” in the City of San Diego.

Item 32: La Jolla Historical Society Secret Garden Tour’s 25th Anniversary Day.

COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:

Proclaiming May 18, 2024, to be “La Jolla Historical Society Secret Garden Tour’s 25th Anniversary Day” in the City of San Diego.

Item 33: La Jolla Music Society Community Music Center’s 25th Anniversary Day.

COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:

Proclaiming May 22, 2024, to be the “La Jolla Music Society Community Music Center’s 25th Anniversary Day” in the City of San Diego.

Item 34: Rey Guerrero Day.

COUNCIL PRESIDENT PRO TEM LACAVA AND COUNCILMEMBER LEE'S RECOMMENDATION:

Proclaiming May 14, 2024, to be “Rey Guerrero Day” in the City of San Diego Tuesday, May 14, 2024

Page 29 ends

Item 35: Mental Health Awareness Month.

COUNCILMEMBER CAMPBELL AND COUNCILMEMBER CAMPILLO'S
RECOMMENDATION:

Proclaiming May 2024 to be “Mental Health Awareness Month” in the City of San Diego.

Item 36: Congenital Disorders of Glycosylation Awareness Day 2024. (Rev. 5/10/24)

COUNCILMEMBER CAMPBELL AND COUNCILMEMBER CAMPILLO'S
RECOMMENDATION:

Proclaiming May 16, 2024 to be “Congenital Disorders of Glycosylation Awareness Day 2024” in the City of San Diego.

Item 37: San Diego Tennis Fest Day.

COUNCILMEMBER WHITBURN'S RECOMMENDATION:

Proclaiming May 19, 2024, to be “San Diego Tennis Fest Day” in the City of San Diego.

Item 38: Asian American, Native Hawaiian, And Pacific Islander Heritage Month.

COUNCILMEMBER FOSTER AND COUNCILMEMBER LEE'S RECOMMENDATION:
(Rev. 5/9/24)
Proclaiming the month of May 1 – May 31, 2024 to be “Asian American, Native Hawaiian, And Pacific Islander Heritage Month” in the City of San Diego.

Item 39: 17th Annual San Diego Dragon Boat Festival Day.

COUNCILMEMBER CAMPBELL AND COUNCILMEMBER LEE'S
RECOMMENDATION: (Rev. 5/9/24)
Proclaiming May 18th, 2024, to be “17th Annual San Diego Dragon Boat Festival Day” in the City of San Diego.

Tuesday, May 14, 2024

Page 30 ends

Item 40: Daniel Montaño Day.

COUNCILMEMBER MORENO'S RECOMMENDATION:

Proclaiming May 14, 2024, to be “Daniel Montaño Day” in the City of San Diego.

Item 41: Sunny Boy Floyd Day.

COUNCILMEMBER MORENO'S RECOMMENDATION:

Proclaiming April 30, 2024, to be “Sunny Boy Floyd Day” in the City of San Diego.

Item S500: Richard C. Matheron Day. (Added 5/8/24)
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

Proclaiming May 29, 2024 to be “Richard C. Matheron Day” in the City of San Diego.

Item S501: National Nurses Week. (Added 5/8/24)
COUNCILMEMBER CAMPBELL AND VON WILPERT'S RECOMMENDATION: (Rev. 5/10/24)
Proclaiming the week of May 6-12, 2024, to be “National Nurses Week” in the City of San Diego.

Tuesday, May 14, 2024

Page 31 ends

SPECIAL ORDERS OF BUSINESS
None.

ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
Item 330: Development Services, Local Enforcement Agency, and City Planning Department Fee Adjustments, Waiver of a Portion of Council Policy 100-5. (Rev. 5/9/24)
This item will be heard in the morning session which is scheduled to begin at 10:00 a.m.

Total Estimated Cost of Proposed Action and Funding Source:

Development Services Department, Local Enforcement Agency (LEA) fund projected $17,746 increase in revenue.

Development Services Department, Enterprise fund projected $15,573,835 increase in revenue.

City Planning Department general fund, review fees $350,000; City Planning historic fees $359,064
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-484 Cor. Copy)
Resolution approving certain fee adjustments, certain new fees, and the repeal of certain existing fees for the Development Services Department Enterprise Fund, the Local Enforcement Agency Fund, and the City Planning Department, and also approving a waiver of a portion of Council Policy 100-5.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee on April 18, 2024.

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

Vote: 3-1; Lee-yea, Whitburn-yea, Moreno- yea, LaCava-nay.

Development Services: Rimah Khouri-Velez, (619) 446-5007 City Attorney Contact: Noah Brazier
Item 331: Exemption of a Program Manager Position in the Office of the City Attorney from the Classified Service.

This item will be considered in the morning session which is scheduled to begin at 10:00 a.m.

Tuesday, May 14, 2024

Page 32 ends

Total Estimated Cost of Proposed Action and Funding Source:

This position will be cost-neutral and offset by both (1) $2.2 million in grant funds received from the CA Department of Justice to implement the San Diego Regional Gun Violence Response Task Force and related actions through June 30, 2027; and (2) a Service Level Agreement with SDPD for this position to provide support to SDPD in its work under an MOU with the San Diego County Superior Court to provide enforcement of firearm-prohibiting court orders under a $2 million state grant.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-107)
Introduction of an Ordinance authorizing the exemption of a Program Manager position in the Office of the City Attorney from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 4, 2024. This position will be responsible for managing and overseeing projects related to firearm-prohibiting policies and procedures. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 236-6220 City Attorney Contact: Miguel Merrell

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, May 14, 2024

Page 33 ends

TUESDAY, MAY 14, 2024 AT 2:00 PM

ROLL CALL

REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM

MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION

ADOPTION AGENDA, DISCUSSION ITEMS

ADOPTION AGENDA
Item 332: De Anza Natural Amendment to the Mission Bay Park Master Plan.

This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures being authorized with this action.

Council District(s) Affected: 1, 2.

Proposed Actions:

This action requests the approval of the De Anza Natural Amendment to the Mission Bay Park Master Plan and Local Coastal Program, as well as certification of the Final Program Environmental Impact Report SCH No. 2018061024, and adoption of the Findings, Statement of Overriding Considerations, and Mitigation and Monitoring Reporting Program. The De Anza Natural Amendment to the Mission Bay Park Master Plan (MBPMP) is a long-range vision for the redevelopment and enhancement of De Anza Cove and is part of the larger MBPMP policy framework that will guide development throughout Mission Bay Regional Park.

Subitem-A: (R-2024-493)
Resolution certifying a Program Environmental Impact Report SCH NO. 2018061024, and adopting the Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program for the Amendment to the General Plan and Mission Bay Park Master Plan relating to De Anza Natural.

Subitem-B: (R-2024-494)
Resolution adopting an Amendment to the General Plan and Mission Bay Park Master Plan and Local Coastal Program relating to De Anza Natural.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on March 14, 2024.

DISCUSSION, NOTICED HEARINGS:

Tuesday, May 14, 2024

Page 34 ends

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

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

Planning: Kelley Stanco, (619) 236-6545
City Attorney Contact: Lindsey Sebastian
Item 333: 3627 Crowell Street Project No. 0688860 - Neighborhood Development Permit, Tentative Map and Public Right-of-Way Vacation.

This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.

Total Estimated Cost of Proposed Action and Funding Source:

All costs associated with this action are recovered through a deposit account paid by the applicant.

Council District(s) Affected: 3.

Proposed Actions:

Neighborhood Development Permit, Tentative Map, and Public Right-of-Way Vacation to subdivide a 0.39-acre single parcel into three parcels and vacate a portion of Guy Street located at 3627 Crowell Street. The project requires deviations to the development requirements for the RS-1-7 zone for the lot depth for Parcels 1 and 2, required street frontage for Parcel 3, and a deviation for the retaining wall height within the rear yard of Parcel 1 facing Glenwood Drive.

Subitem A: (R-2024-495)
Resolution determining that the 3627 Crowell Street Project (Project No. PRJ0688860) is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-fill Development Projects) of the CEQA Guidelines.

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

Subitem-B: (R-2024-496)
Resolution approving a Neighborhood Development Permit (Permit No. PMT3263145) for 3627 Crowell Street.

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

Subitem-C: (R-2024-497)
Resolution approving Tentative Map No. PMT-2609199 and vacating public right-of-way (Vacation No. PMT-2542406) for 3627 Crowell Street.

Subitem-C: This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Tuesday, May 14, 2024

Page 35 ends

Development Services: Sara Osborn, (619) 446-5381
City Attorney Contact: Lauren Hendrickson
Item 334: DeSantis Right-of-Way Vacation - Project No. PRJ-0692645.

This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.

Total Estimated Cost of Proposed Action and Funding Source:

None with this action.

Council District(s) Affected: 2.

Proposed Actions:

Approval of all actions necessary to vacate an unimproved portion of Wilcox Street located near 3525 Wilcox Street in the RS-1-7 zone within the Peninsula Community Plan (DeSantis Public Right-of-Way Vacation Project).

Subitem-A: (R-2024-485)
Resolution determining that DeSantis Public Right-of-Way Vacation Project is exempt from the California Environmental Quality Act Pursuant to Section 15305 of the CEQA Guidelines.

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

Subitem-B: (R-2024-486)
Resolution granting Coastal Development Permit for the DeSantis Public Rightof-Way Vacation Project.

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

Subitem-C: (R-2024-487)
Resolution granting summary vacation of Public Right-of-Way PMT-2575744 for the DeSanits Public Right-of-Way Vacation Project.

Subitem-C: This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Catherine Rom, (619) 446-5277
City Attorney Contact: Shannon Eckmeyer

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 350: Approval of the Final Map “One Alexandria Square”.

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Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “One Alexandria Square" (T.M. No. 2406426, PRJ No. 1072020) located at 3010 Science Park Road, 10996 Torreyana Road, 10931, 10933, and 10975 North Torrey Pines Road, San Diego, CA. in the IP-1-1 zone, within the Torrey Pines Subarea of the University Community Plan Area, Council District 1, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, any approved alterations thereof, and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) This map is filed pursuant to the Subdivision Map Act. City Planning Commission Resolution No. R-5196-PC-2 adopted June 23, 2022, approve the development of nine (9) lots for commercial development.
(4) The map is technically correct.

Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Greg Jeffries at (619) 446-5132.

NON-AGENDA ITEMS

ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES

ADJOURNMENT

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

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

Pursuant to the Levine Act (Gov’t Code Section 84308), any party to a permit, license, contract (other than competitively bid, labor or personal employment contracts) or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any Council Member. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party or participant and any Tuesday, May 14, 2024

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other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.

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

In person testimony will conclude before virtual testimony begins.

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

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

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

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

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

For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes.

Speakers participating virtually may not allocate their time to other speakers and may not share video or visual aids (i.e. pdf, ppt, docs) during their comment period.

Quasi-Judicial Items. Organized group presentations for quasi-judicial items will be allowed up to 15 minutes per side to speak either for or against an item for a total of 30 minutes. If more than one group on the same side requests an organized presentation, the 15 minutes will be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.

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

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

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

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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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