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 21, 2024, AT 10:00 AM and 2:00 PM
Tuesday, May 21, 2024
FURTHER INFORMATION ON HOW TO PARTICIPATE IN THIS
MEETING IS FOUND AT THE END OF THE AGENDA
Joining the Webinar and Offering Phone-in Testimony
Members of the public may participate in City Council meetings in person or virtually using the Zoom Webinar platform. Members of the public can offer public comment on agendized items or during Non-Agenda Public Comment by accessing the meeting online using a desktop computer, laptop, tablet, or Smartphone, or by calling into the meeting using a Smartphone, cellular phone, or land line. To raise your hand via a phone-in please press *9 and unmute when the Clerk calls on you by pressing *6. If you are participating via the webinar platform please press the raise your hand icon and the unmute button when prompted.
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LATE-ARRIVING MATERIALS
Pursuant to the Brown Act, California Government Code Section 54957.5(b), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Council Chambers in the lobby of the 12th floor of the City Administration Building in a binder labeled “Late Arriving Materials” Late-arriving materials received during the City Council meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.
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“ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ City Clerk ກກກ (619) 533-4000 ກກກກກກກກກກກກກກ: [email protected]. City
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກກກກກກກກກກກກກກກກກກກກ.”
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ ກກກ
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ
ກກກກກກກກກກກກກກກກກກກກກກ
NOTICE: THE CITY COUNCIL MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY STAFF DO NOT LIMIT ACTIONS THAT THE CITY COUNCIL MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON
THE RECOMMENDATIONS OF STAFF AS DETERMINATIVE OF THE ACTION THE CITY COUNCIL MAY TAKE ON A PARTICULAR MATTER.
OTHER LEGISLATIVE MEETINGS
Tuesday, May 21, 2024
The SAN DIEGO HOUSING AUTHORITY is scheduled to meet today. A separate agenda is published for it, and is available online and in the Kiosk located in front of the City Administration Building, 202 C Street SD, CA 92101. For more information, please contact the Housing Authority Secretary at (619) 578-7550. Internet access to the agenda is available at:
https://sdhc.org/governance-legislative-affairs/housing-authority-of-the-city-of-sandiego/meeting/ TUESDAY, MAY 21, 2024 AT 10:00 AM
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
Tuesday, May 21, 2024
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item 50: Third Amendment to Sole Source Agreement with MARS Company for Water Meter Test System Maintenance and Support.
Total Estimated Cost of Proposed Action and Funding Source:
The Third Amendment will increase the not-to-exceed amount by $3,200,000, increasing the total agreement not-to-exceed amount to $5,709,423 funded by the Water fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-106 Cor. Copy) (Rev. 5/15/24)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 3 to the Contract with MARS Company, extending the Contract through June 30, 2029, and increasing the not-to-exceed amount by $3,200,000, in connection with water meter testing.
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 Chair LaCava, 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: John Pich II, (619) 527-8038
City Attorney Contact: Justin Stanek
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, May 21, 2024
Item 51: Fourth Amendment to the Agreement with Itron, Inc. for Meter Reading System Maintenance & Support Services.
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this Fourth Amendment to the agreement will increase the cost by $4,033,910.00 for a total contract amount of $7,833,910.00 over the 60- month term of the agreement. Funds will come from the Water Utility Operating Fund and the Muni Sewer Revenue Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-113)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 4 to the Contract with Itron, Inc. for Meter Reading System Maintenance and Support Services extending the Contract through August 31, 2029, and increasing the total not-to-exceed amount to $7,833,910 and related actions.
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: Elvira Santiesteban, (858) 292-6435
City Attorney Contact: Melissa Ables
Item 52: Proposed Amendments to San Diego Municipal Code Regarding Buffer Zones at Health Care Facilities, Places of Worship, and School Grounds.
Total Estimated Cost of Proposed Action and Funding Source: None Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-114)
Introduction of an Ordinance amending Chapter 5, Article 2, Division 10 of the San Diego Municipal Code by amending sections 52.1001, 52.1002 and adding new sections 52.1003, 52.1004, 52.1005, and 52.1006; and amending Chapter 5, Article 8, Division 4 by amending sections 58.0402 and 58.0403, related to public access to health care facilities, places of worship, and school grounds.
Tuesday, May 21, 2024
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on March 20, 2024.
ACTION: Motion by Committee Member Whitburn, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; von Wilpert-yea, Campillo-yea, Whitburn-yea, Campbell-yea.
Office of the City Attorney: Mara W. Elliott, City Attorney, (619) 533-5800 City Attorney Contact: Heather Ferbert
Tuesday, May 21, 2024
ADOPTION AGENDA
Item 100: Authorization to Execute Two Option Years of an Existing Contract with Badger Meter, Inc. to Purchase Water Meters (RFP 10089854-22- W). (Rev. 5/17/24)
Total Estimated Cost of Proposed Action and Funding Source:
The total not to exceed amount of the Contract if all four options are exercised is $30,000,000. The Department is requesting approval to exercise each of the first two option years, which are for the second and third years of the Contract, in an amount not-to-exceed $12,000,000, funded by the Water Utility Operating Fund. (Rev. 5/17/24)
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-514)
Resolution authorizing the Mayor, or his designee, to exercise each of the first two option years of the Contract with Badger Meter, Inc., to furnish and deliver water meters and related actions.
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 with the following amendments:
1) A resolution to authorize the Mayor, or his designee, to exercise two options under the Contract for years two and three to furnish and deliver water meters, as needed, in an amount not-to-exceed $24,000,000; and
2) The Chief Financial Officer is authorized to expend an amount not-to-exceed $24,000,000 for option years two (2) through five (5) of the Contract from Fund 700011, Water Utility Operating Fund, for the purpose of funding the purchase of water meters under the Contract, contingent upon adoption of the Annual Appropriation Ordinance for the applicable fiscal year, and contingent upon the Chief Financial Officer furnishing one or more certificates certifying that the funds necessary for expenditure are, or will be, on deposit with the City Treasurer.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Elo-Rivera-not present.
Public Utilities: John Pich II, (619) 527-8038
City Attorney Contact: Melissa Ables
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, May 21, 2024
Item 101: Award a Phase-Funded Construction Contract # K-24-2005-DBB-3-C with OHLA USA Inc. and Authorize FY 24 Phase 1 Funding for the Purpose of Providing Construction for the Alvarado 2nd Extension Pipeline Project.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this construction contract is not-to-exceed $123,243,852.65. This project will be phase funded, the first phase is funded by the Water Utility Fund.
The Water Utility Fund's total portion of the project anticipated to be financed through a loan agreement with the California State Water Resources Control Board under the Drinking Water State Revolving Fund program, which will be financed over a 30-year repayment term. See Fiscal Considerations for more information.
Council District(s) Affected: 2, 7.
Proposed Actions:
(R-2024-533)
Resolution awarding construction contract K-24-2005-DBB-3-C to OHLA USA, Inc., for construction of the Alvarado 2nd Extension Pipeline project and taking related 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: Luis Schaar, (619) 627-3220 City Attorney Contact: Adam Wander
Tuesday, May 21, 2024
Item 102: Award Construction Management Agreement H2226027 with Arcadis U.S. to Provide Construction Management Services for the Tecolote Canyon Trunk Sewer Improvement and Golf Course Water Connection Project.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost of this Construction Management agreement is $4,774,064.00 of which, $4,678,582.72 is from CIP S-15020, Tecolote Canyon Trunk Sewer Improvement, Fund 700008, MUNI SEWER CIP and $95,481.28 is from CIP AKB.00003, Main Replacements, B-15203, Tecolote Cyn GC Water Conn Project, Fund 700010, WATER UTILITY CIP.
Council District(s) Affected: 2,7.
Proposed Actions:
(R-2024-536)
Resolution awarding construction management agreement H2226027 to Arcadis U.S., Inc., to provide construction management services for the Tecolote Canyon Trunk Sewer Improvement And Golf Course Water Connection project and taking related actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on 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: Adam Wander
Item 103: Allocation of Funds to and Creation of Mission Bay and Regional Park Projects.
Total Estimated Cost of Proposed Action and Funding Source:
This action will allocate $1,200,000.00 of Mission Bay Park Improvement Fund, $839,997.00 of San Diego Regional Parks Improvement Fund (RPIF), and $500,000 in Capital Outlay and General Fund Debt Financing, for a total allocation of $2,539,997.
Council District(s) Affected: 2, 4.
Proposed Actions:
(R-2024-506)
Tuesday, May 21, 2024
Resolution authorizing the Chief Financial Officer to reallocate $839,997 of San Diego Regional Parks Improvement Fund from the Balboa Park Club Renovations, Cowles Mountain Comfort Station Accessibility Upgrades, West Sycamore Staging Area, and City Facility Improvements projects to the Balboa Park Botanical Building Improvements, and Chollas Lake Improvements projects; $1,200,000 of Mission Bay Park Improvement Fund from the Bonita Cove East Playground project to the El Carmel Comfort Station Improvements, and Mission Bay Athletic Comfort Station Modifications projects; and $500,000 of Capital Outlay and General Fund Debt Financing from Balboa Park Botanical Building Improvements to Quince Drive Run-Off Erosion.
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 Committee member Foster III, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.
Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Alma Robbins
Item 104: $250,000 to the City of San Diego, for the Lifeguard Northern Garage Feasibility Study.
Total Estimated Cost of Proposed Action and Funding Source:
This grant is reimbursable and requires the City to expend funds prior to requesting reimbursement. Expenditures will be initially sourced from a special grant fund and then reimbursed from the State of California, Department of Parks and Recreation (Office of Grants and Local Services). There are no match requirements, and there is no impact to the general fund.
Council District(s) Affected: 1, 2.
Proposed Actions:
Subitem-A: (R-2024-511)
Resolution determining that the Lifeguard Northern Garage Feasibility Study is exempt from the California Environmental Quality Act Pursuant to Section 15262 of the CEQA Guidelines.
Subitem-B: (R-2024-510)
Resolution authorizing the acceptance, appropriation, and expenditure of California Assembly Bill 102 pass-through grant funding in the amount of $250,000 for the Lifeguard Northern Garage Feasibility Study.
Committee Actions Taken:
Tuesday, May 21, 2024
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 105: Settlement of Nunzio Guadagni v. City of San Diego, et al., San Diego Superior Court No. 37-2020-00042516 CU-PA-CTL, Claim No. 22169.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $195,000.00 will be paid from the Sewer Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-483)
Resolution authorizing the settlement of Nunzio Guadagni v. City of San Diego, et al., San Diego Superior Court No. 37-2020-00042516 CU-PA-CTL, related to a claim for personal injury from a vehicle accident involving a City employee that occurred on December 18, 2018. Claim No. 22169.
Committee Actions Taken: N/A
Office of the City Attorney: Kevin R. Yee, (858) 533-5697 Item 106: Appointment and Reappointments to the Balboa Park Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3.
Proposed Actions:
(R-2024-529 Cor. Copy) (Rev 5/17/24)
Resolution confirming the Mayor's appointment of Michael Robinson for a term ending March 1, 2025, and reapppointments of Howard Blackson, Chris Eddy, and Kathy Vandenheuvel for terms ending March 1, 2026, to the Balboa Park Committee.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Tuesday, May 21, 2024
Item 107: Appointment to the Funds Commission.
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-2024-530)
Resolution confirming the Mayor's appointment of Colin Dowd to the Funds Commission for a term ending January 28, 2028.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Tuesday, May 21, 2024
Item 108: Appointment and Reappointments to the Arts and Culture Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 3, 4, 5, 6.
Proposed Actions:
(R-2024-457)
Resolution approving the Mayor's appointment of Dennis Doan, for a term ending August 31, 2024, reappointments of Ann Bossler, Tyler Hewes, Lee Ann Kim, and Keith Opstad for terms ending August 31, 2024, and reappointments of Kamaal Martin, Alessandra Moctezuma, Becky Phillpott, and Imani Robinson for terms ending August 31, 2025, to the Commission for Arts and Culture. This resolution also seeks a waiver of Council Policy 000-13 in relation to the appointment of Dennis Doan.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
Tuesday, May 21, 2024
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: Jewish American Heritage Month.
MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT
PRO-TEM LACAVA, COUNCILMEMBER CAMPBELL, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming May 2024 to be “Jewish American Heritage Month” in the City of San Diego.
Item 31: Chief David Nisleit Day.
MAYOR GLORIA AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming June 4, 2024, to be “Chief David Nisleit Day” in the City of San Diego.
Item 32: Jaime's Joy Day.
COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:
Proclaiming May 24, 2024, to be “Jaime’s Joy Day” in the City of San Diego.
Item 33: Lupus Awareness Month.
COUNCILMEMBER CAMPBELL AND COUNCILMEMBER LEE'S
RECOMMENDATION:
Proclaiming May 1 - May 31, 2024, to be “Lupus Awareness Month” in the City of San Diego.
Item 34: Rhonda T. Adams Day.
COUNCILMEMBER FOSTER III'S RECOMMENDATION:
Proclaiming May 21, 2024, to be “Rhonda T. Adams Day” in the City of San Diego.
Tuesday, May 21, 2024
Item 35: Emergency Medical Services Week.
COUNCILMEMBER CAMPBELL AND COUNCILMEMBER VON WILPERT'S
RECOMMENDATION: (Rev. 5/17/24)
Proclaiming the week of May 19-25, 2024 to be “Emergency Medical Services Week” in the City of San Diego.
Item 36: World Trade and Export Month.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming May 2024 to be “World Trade and Export Month” in the City of San Diego.
Item S500: National Foster Care Month. (Added 5/15/24)
COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER WHITBURN AND COUNCILMEMBER VON WILPERT’S RECOMMENDATION: (Rev. 5/17/24) Proclaiming May 2024 to be “National Foster Care Month” in the City of San Diego.
Item S501: Travis Knowles Day. (Added 5/17/24)
COUNCILMEMBER MORENO'S RECOMMENDATION:
Proclaiming May 21, 2024, to be “Travis Knowles Day” in the City of San Diego.
Tuesday, May 21, 2024
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
Item 330: Grant Subaward Agreement with the California Governor’s Office of Emergency Services, Victim Services Branch, Family Justice Center Program, for the Purposes of Expanding the Capabilities of Your Safe Place – A Family Justice Center within the Office of the City Attorney.
This item will be considered in the morning session which is scheduled to begin at 10:00 a.m.
Total Estimated Cost of Proposed Action and Funding Source:
This action is for acceptance of grant funding. The $300,000 in grant funds received will support Your Safe Place. There is no match requirement or cost to the City associated with these funds.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-507)
Resolution to accept, appropriate, and expend $300,000 in grant funds from the California Governor’s Office of Emergency Services, Victim Services Branch, Family Justice Center Program, on behalf of Your Safe Place-A Family Justice Center within the Office of the City Attorney, and authorize the San Diego City Attorney to retroactively execute the grant subaward agreement, including any necessary amendments, extensions, or renewals.
Committee Actions Taken: N/A
Office of the City Attorney: Diane Doherty, (619) 533-3583 City Attorney Contact: Justin Bargar
Tuesday, May 21, 2024
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.) Per Rule 2.7.2, Non-Agenda Public Comment is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes. Additionally, non-agenda public comment during the 10am session may be limited to 30 minutes at the discretion of the Council President for meeting management purposes. If some Non-Agenda Public Comment is trailed, any remaining speakers will be given an opportunity to speak during the 2pm session after Council concludes the Information and Adoption agenda items for the day.
Tuesday, May 21, 2024
TUESDAY, MAY 21, 2024 AT 2:00 PM
ROLL CALL
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION
INFORMATIONAL ITEMS
Item 331: 2023 Annual Report on Internal Financial Control.
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:
This is an informational item only; there is no cost associated with this item.
Council District(s) Affected: Citywide.
Proposed Actions: This item is informational only.
Committee Actions Taken: N/A
Department of Finance: Jeff Peelle, (619) 236-6712
Tuesday, May 21, 2024
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 332: Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Sea Breeze Gardens Apartments.
Note: For the purposes of this item, a federally mandated toll-free number is available for members of the public to offer public comments. The toll-free number is 833-568-8864; Meeting ID 160 780 7743.
This toll-free number is in addition to the customary public comment phone number that is available to the public during every item. It does not replace that number. Both of these numbers will be available for the public to utilize during the public comment period for this item.
This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed funding sources and uses approved by this proposed action are included in the Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.
Council District(s) Affected: 4.
Proposed Actions:
(R-2024-532)
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for Sea Breeze Gardens pursuant to section 147(f) of the Internal Revenue Code of 1986.
Committee Actions Taken: N/A
Housing Commission: Jennifer Kreutter, (619) 578-7709
City Attorney Contact: Marguerite Ella Middaugh
See the Housing Authority Agenda of May 21, 2024, for a companion item.
This is a TEFRA hearing item.
ADOPTION AGENDA
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
DISCUSSION, NOTICED HEARINGS:
Tuesday, May 21, 2024
Item 333: Community Planning Group Recognitions, Extension of a Community Planning Group Recognition Application Deadline, Allowing Certain Community Planning Groups to Have More Than Twenty Voting Members, and Amendments to Council Policy 600-24 Relating to Community Planning Groups.
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 these actions.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-523)
Resolution adopting amendments to Council Policy 600-24 “Standard Operating Procedures and Responsibilities for Recognized Community Planning Groups.” Subitem-B: (R-2024-524 Cor. Copy) (Rev. 5/16/24)
Resolution waiving the December 31, 2023 deadline for community planning group recognition applications and allowing an extension until January 31, 2024, recognizing independent community planning groups pursuant to Council Policy 600-24, and allowing the University Community Planning Group, the Scripps Ranch Planning Group, the City Heights Area Community Planning Committee, and the Linda Vista Planning Group to have more than 20 voting members in their respective groups.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on March 21, 2024.
ACTION: Motion by Council President Pro Tem LaCava, second by Committee Member Whitburn, to recommend Council approval of staff’s proposed actions.
1. Adopt a resolution to adopt clarifying and procedural amendments to Council Policy 600-24.
2. Adopt a resolution to waive the Dec. 31, 2023 submittal deadline for planning group applications and allow an extension to Jan. 31, 2024.
3. Adopt a resolution:
a. Recognizing that the following planning groups have met all requirements of Council Policy 600-24, have agreed to all requirements of the Terms and Conditions, and are recognized as the official planning group for their respective communities: Barrio Logan Community Planning Group, Carmel Mountain Ranch/Sabre Springs Community Tuesday, May 21, 2024
Council, Carmel Valley Community Planning Board, Chollas Valley Community Planning Group, City Heights Area Community Planning Committee, Clairemont Community Planning Group, College Community Planning Board, Del Mar Mesa Community Planning Group, Downtown Community Planning Council, Eastern Area Community Planning Committee, Greater Golden Hill Planning Committee, Kearny Mesa Planning Group, Kensington-Talmadge Planning Group, Linda Vista Planning Group, Midway-Pacific Highway Community Planning Group, Mira Mesa Community Planning Group, Mission Beach Precise Planning Board, Mission Valley Planning Group, Navajo Community Planners, Inc., Normal Heights Community Planning Group, North Park Community Planning Committee, Ocean Beach Planning Board, Old San Diego Community Planning Group, Otay Mesa Planning Group, Otay MesaNestor Community Planning Group, Pacific Beach Planning Group, Peninsula Community Planning Board, Rancho Bernardo Community Planning Board, Rancho de los Penasquitos Planning Board, San Pasqual-Lake Hodges Community Planning Group, San Ysidro Community Planning Group, Scripps Ranch Planning Group, Serra Mesa Planning Group, Skyline-Paradise Hills Community Planning Committee, Southeastern San Diego Community Planning Group, Tierrasanta Community Council and Planning Group, Torrey Hills Community Planning Board, Torrey Pines Community Planning Board, and University Community Planning Group.
b. Allowing the University Community Planning Group and Scripps Ranch Planning Group to have more than 20 voting members on their respective planning groups.
Motion by Council President Pro Tem LaCava, second by Committee Member Whitburn to:
4a. recommend Council recognize La Jolla Community Planning Association as the official planning group of the La Jolla community.
Motion by Committee Member Whitburn, second by Council President Pro Tem LaCava to:
4b. recommend Council recognize Vibrant Uptown and the Uptown Community Planning Group.
VOTE: 4-0; LaCava-yea, Whitburn-yea, Lee-yea, Moreno-yea.
Planning: Marlon I. Pangilinan, (619) 235-5293
City Attorney Contact: Noah Brazier
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, May 21, 2024
HOW TO SPEAK TO A PARTICULAR ITEM OR DURING NON-AGENDA PUBLIC COMMENT:
Members of the public shall be given the opportunity to address the Council. The Council President may reduce the amount of time available to each speaker to appropriately manage the meeting and ensure the Council has time to consider all the agenda items. A member of the public may only provide one comment per agenda item.
Pursuant to the Levine Act (Gov’t Code Section 84308), any party to a permit, license, contract (other than competitively bid, labor or personal employment contracts) or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any Council Member. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party or participant and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.
In-Person Comment on Agenda Items
Each speaker must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak indicating which item they wish to speak on. Speaker slips may not be turned in prior to the day of the meeting or after completion of in-person testimony.
In person testimony will conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if they represent an organization or another person.
For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.
For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes, in addition to any time ceded by other members of the public who are present at the meeting and have submitted a speaker slip ceding them time. These speaker slips should be submitted together at one time to the City Clerk. The Council President may also limit organized group presentations of five or more persons to 15 minutes or less.
Virtual Public Comment on Agenda Items
Members of the public may participate virtually (by telephone or internet streaming) as indicated below. Speakers who wish to provide virtual public comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first.
For meeting management during the Minutes, Proclamations, and Consent portions of the agenda, speakers will have one (1) minute per item and up to a maximum of three (3) minutes if there are three (3) or more items in that portion of the agenda.
For discussion and information items each speaker may speak up to three minutes, subject to the Council President’s determination of the time available for meeting management purposes.
Speakers participating virtually may not allocate their time to other speakers and may not share video or visual aids (i.e. pdf, ppt, docs) during their comment period.
Quasi-Judicial Items. Organized group presentations for quasi-judicial items will be allowed up to 15 minutes per side to speak either for or against an item for a total of 30 minutes. If more than one group on the same side requests an organized presentation, the 15 minutes will 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
Tuesday, May 21, 2024
Every agenda for a regular Council meeting shall provide a period on the agenda for members of the public to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. Non-Agenda Public Comment shall be subject to the exercise of the Council President’s discretion for a given agenda.
In order to ensure that the Council has time to consider all agenda items, Non-Agenda Public Comment on particular issues and for each individual speaker will be as follows:
Each speaker will be limited to two minutes. Speakers may not allocate their time to other speakers. If there are eight or more speakers on a single issue, the maximum time for the issue will be 16 minutes. The order of speaking generally will be determined on a first-come, firstserved basis, however, priority may be given to speakers who have not addressed the legislative body during Non-Agenda Public Comment at the last regularly scheduled Council meeting. A member of the public may only provide one non-agenda comment per agenda.
In-Person Non-Agenda Public Comment
Each speaker who wishes to address the Council must file a written request (speaker slip) with the City Clerk at the meeting at which the speaker wishes to speak. Speaker slips may not be turned in prior to the meeting date or after completion of in-person testimony. In-person testimony shall conclude before virtual testimony begins.
Each person who wishes to address the Council shall approach the podium and state who they are representing if representing an organization or another person.
Virtual Non-Agenda Public Comment
Speakers who wish to provide virtual Non-Agenda Public Comment must enter the virtual queue by raising their virtual hands before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever happens first. Those participating virtually may not share video or visual aids (i.e. pdf, ppt, docs) during their non-agenda comment period.
Please note: On Tuesdays, Non-Agenda Public Comment is taken during the 10am session, but some Non-Agenda Public Comment may be trailed, at the Council President’s discretion for meeting management purposes.
Comment on Agenda Items, Non-Agenda Public Comment, and Closed Session Public Comment may also be submitted using the webform indicating the comment type and item number (if relevant) for which you wish to submit your comment. Comments received by 8:00 AM the day of the meeting will be distributed to the City Council and posted online with the meeting materials. All webform comments are limited to 500 words but may include attachments. Comments received after 8:00 AM the day of the meeting but before the item is called will be submitted into the written record for the relevant item.
Written Materials. Instead of submitting written materials as an attachment to the webform you may submit via U.S. Mail to the City Clerk’s attention at 202 C Street, MS2A San Diego, CA 92101. Materials submitted via U.S. Mail must be received one business day prior to the meeting to be distributed to the City Council. Comments received via U.S. Mail on the day of the meeting will be submitted into the written record for the relevant item.
The public may view the meetings on public television (within the City of San Diego only) on City TV Channel 24 for Cox Communications and Spectrum or Channel 99 for AT&T U-Verse, or view the meetings online (link is external)