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, JUNE 04, 2024, AT 10:00 AM and 2:00 PM
Tuesday, June 04, 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 NonAgenda Public Comment by accessing the meeting online using a desktop computer, laptop, tablet, or Smartphone, or by calling into the meeting using a Smartphone, cellular phone, or land line. To raise your hand via a phone-in please press *9 and unmute when the Clerk calls on you by pressing *6. If you are participating via the webinar platform please press the raise your hand icon and the unmute button when prompted.
Please click the link below to join the webinar:
https://sandiego.zoomgov.com/j/1607807743
To join by telephone: Dial 1-669-254 5252
When prompted, input Webinar ID: 160 780 7743
LATE-ARRIVING MATERIALS
Pursuant to the Brown Act, California Government Code Section 54957.5(b), late-arriving documents related to City Council meeting agenda items which are distributed to the legislative body prior to and during the Council meeting are available for public review in the Office of the City Clerk, Information Services Counter in the Lobby of the City Administration Building, 202 C Street, San Diego, CA 92101. This relates to those documents received after the agenda is publicly noticed and during the 72 hours prior to the start of the meeting. Please note: Approximately one hour prior to the start of the Council Meeting, the documents will be available just outside Council Chambers in the lobby of the 12th floor of the City Administration Building in a binder labeled “Late Arriving Materials” Late-arriving materials received during the City Council meeting are available for review by making a verbal request of City Clerk staff located in Council Chambers.
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 (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.
Tuesday, June 04, 2024
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たはメール:mailto:[email protected])に連絡することによって行うことができます。 市は、市民の参加を最大化するために、言語翻訳の依頼に対応することに取り組んでいます。
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 또 는mailto:[email protected]로연락주시기바랍니다. 시는 대중의 참여를 극대화하기 위해 언어 번역 요청을 신속하게 처리하려고 최선을 다하고 있습니다. 시의회 회의에 참여하는 것과 안건 항
목에 대해 의견을 제의하는 것에 관한 자세한 정보를 원하시면 다음의 링크를 클릭하십시오.
為了鼓勵更多市民參與 '公眾意見', 市政府設定了快捷的中文翻譯服務。 如你有任何關於 '公開意
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, JUNE 04, 2024 AT 10:00 AM
ROLL CALL
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED
DURING THE MORNING MEETING
Tuesday, June 04, 2024
APPROVAL OF COUNCIL MINUTES
4/8/2024
4/9/2024
4/15/2024 Adjourned
4/16/2024 Adjourned
Tuesday, June 04, 2024
ADOPTION AGENDA, CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
ADOPTION AGENDA
Item S507: Amendment to Salary Ordinance for Fiscal Year 2025. (Added 5/31/24) Total Estimated Cost of Proposed Action and Funding Source:
Approval of the Salary Ordinance is required under the City’s Charter as part of the annual budget process.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-125)
Introduction of an Ordinance amending certain sections of the Fiscal Year 2025 Salary Ordinance to conform to negotiated agreements between the City and its recognized employee organizations and to extend comparable compensation to unrepresented employees for Fiscal Year 2025.
Committee Actions Taken: N/A
Human Resources: Erik Hanson, (619) 807-6269
City Attorney Contact: Thomas J. Brady
ADOPTION AGENDA
Item 50: Public EV Charging Contract Award to True Upside Consulting LLC and Creation of EV Charging Program Fund.
Total Estimated Cost of Proposed Action and Funding Source:
There are no immediate cost associated with this action. This action includes the creation of a new interest-bearing account, the EV Charging Program Fund, to which all revenues received under this contract will be allocated. The Contract also includes provisions for the purchase of the electrical infrastructure at a depreciated rate installed during the term of the contract, subject to appropriation by the Council at that time. The not-to-exceed value of this purchase is $60 million.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 5/13/2024, Item 200, SubitemB (Council voted 9-0):
CONSENT, ORDINANCES TO BE INTRODUCED:
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, June 04, 2024
(O-2024-101)
Ordinance to authorizing the award of an Electric Vehicle Charging Equipment Site Concession Agreement to True Upside Consulting, LLC.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on March 14, 2024.
ACTION: Motion by Committee Member Campbell, second by Chair LaCava, to move to Council for Discussion without recommendation.
VOTE: 3-0; LaCava-yea, Campbell-yea, von Wilpert-yea.
Sustainability and Mobility: Heather Werner, (858) 492-5082 City Attorney Contact: Frederick M. Ortlieb
Item 51: Repeal of Measure E Amending the People’s Ordinance and Associated Amendments to the San Diego Municipal Code and Local Coastal Program.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: 2.
Proposed Actions:
Adopt the following Ordinance which was introduced on 5/13/2024, Item 203 (Council voted 9-0):
This action seeks City Council approval of an ordinance to repeal Measure E approved in the Municipal Election held on November 3, 2020. Measure E amended the People’s Ordinance O-10960 and San Diego Municipal Code Section 132.0505 to exclude the Midway-Pacific Highway Community Plan Area from the 30-foot height limit on buildings in the Coastal Height Limit Overlay Zone, as defined in Ordinance O-10960. (O-2024-104)
Ordinance amending Chapter 13, Article 2, Division 5 of the San Diego Municipal Code by amending Section 132.0505, relating to the Coastal Height Limit Overlay Zone.
Committee Actions Taken: N/A
Planning: Corey Funk, (619) 533-3945
City Attorney Contact: Corrine Neuffer
Item 52: 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.
Tuesday, June 04, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 5/14/2024, Item 50 (Council voted 9-0):
(O-2024-102)
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
Item 53: 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:
Adopt the following Ordinance which was introduced on 5/14/2024, Item 51 (Council voted 9-0):
(O-2024-112)
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:
Tuesday, June 04, 2024
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 54: 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:
Adopt the following Ordinance which was introduced on 5/14/2024, Item 52 SubitemB, (Council voted 9-0):
(O-2024-108)
Ordinance authorizing the Mayor, or his Designee, to issue one or more change orders extending the obligations of the construction 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-toexceed $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 55: Authority to Approve Construction Change Order (CCO) 9 for K-21-1848-DBB3Morena 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 Tuesday, June 04, 2024
contract award amount of $95,243,645.12 for the I-805 tunnel unforeseen soil conditions and change to microtunneling at San Clemente Canyon and Rose Canyon tunnels.
Council District(s) Affected: 1, 6.
Proposed Actions:
Adopt the following Ordinance which was introduced on 5/14/2024, Item 53 (Council voted 9-0):
(O-2024-109)
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 City Attorney Contact: Elizabeth Cason
Item 56: 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:
Adopt the following Ordinance which was introduced on 5/14/2024, Item 54 (Council voted 9-0):
(O-2024-110)
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.
Tuesday, June 04, 2024
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 57: 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:
Adopt the following Ordinance which was introduced on 5/14/2024, Item 55 (Council voted 8-1, Foster III-nay):
(O-2024-111)
Ordinance amending Chapter 2, Article 6, Division 8 of the San Diego Municipal Code by repealing Division 8, sections 26.0801, 26.0802, 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
Item 58: 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.
Tuesday, June 04, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 5/14/2024, Item 61, SubitemB (Council voted 9-0):
(O-2024-105 Cor. Copy)
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.
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
Item 59: Exemption of a Program Manager Position in the Office of the City Attorney from the Classified Service.
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:
Adopt the following Ordinance which was introduced on 5/14/2024, Item 331 (Council voted 8-0, Councilmember Moreno-not present):
(O-2024-107)
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).
Tuesday, June 04, 2024
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 236-6220 City Attorney Contact: Miguel Merrell
Item 60: 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:
Adopt the following Ordinance which was introduced on 5/21/2024, Item 50 (Council voted 9-0):
(O-2024-106 Cor. Copy)
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) 527-8030
City Attorney Contact: Justin Stanek
Item 61: 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:
Tuesday, June 04, 2024
Adopt the following Ordinance which was introduced on 5/21/2024, Item 51 (Council voted 9-0):
(O-2024-113)
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 62: 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:
Adopt the following Ordinance which was introduced on 5/21/2024, Item 52 (Council voted 9-0):
(O-2024-114)
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.
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, June 04, 2024
ADOPTION AGENDA
Item 100: Approval to Continue Membership in the Automated Regional Justice Information System (ARJIS) Joint Powers Agency (JPA) and User Fees for the Police Department.
Total Estimated Cost of Proposed Action and Funding Source:
The estimated cost for continuing ARJIS JPA agency membership participation and user fees for five (5) years, from July 1, 2024 through June 30, 2029, is not-to-exceed $9,500,000, and will be funded by the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-560)
Resolution authorizing the City of San Diego to remain a member agency of the Automated Regional Justice Information System (ARJIS) Joint Powers Agency (JPA) for an additional five years and authorizing the Mayor, or his designee, to continue to pay the City's share of the annual JPA member agencies costs and fees over the additional five years for continued access to and use of ARJIS computer applications.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on May 15, 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: Jordan Fankhauser, (619) 531-2705
City Attorney Contact: Jill S. Cristich
Item 101: Authorization to Enter into a Cooperative Procurement Agreement Between the City of San Diego and Axon Enterprise Inc. for Taser 10 Equipment and Services.
Total Estimated Cost of Proposed Action and Funding Source:
The not-to-exceed amount is $9,750,000 for the agreement with Axon over a five (5) year term. Estimated FY 2025 expenditures of $953,800 for equipment and services will be paid from the US Department of the Treasury fund. Future fiscal year amounts are contingent upon the adoption of the Annual Appropriation Ordinance for the applicable fiscal year and contingent upon the Chief Financial Officer furnishing a certificate certifying that funds necessary for expenditure are on deposit.
Council District(s) Affected: Citywide.
Proposed Actions:
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, June 04, 2024
(R-2024-561)
Resolution authorizing the Mayor, or his designee, to enter into a Cooperative Procurement Agreement with Axon Enterprise, Inc., in an amount not-to-exceed $9,750,000 to provide Taser 10 equipment and services over a five-year term.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on May 15, 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: Laura Mc Lean, (619) 692-4886
City Attorney Contact: Jill S. Cristich
Item 102: Authorization to Enter Into a First Amendment to the Agreement Between the City of San Diego and Tegsco, LLC dba AutoReturn to Provide Management and Dispatching for Towing Services.
Total Estimated Cost of Proposed Action and Funding Source:
This is a cost-neutral program because the cost of CFKAA Holdings, LLC services is offset by the Tow Dispatch Fee of $22.00 per vehicle paid to the City by Licensed Impound Providers (LIPs) and paid by registered vehicle owners.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-565)
Resolution authorizing the Mayor, or his designee, to enter into the First Amendment to the Agreement with Tegsco, LLC dba AutoReturn, now CFKAA Holdings, LLC for Towing Dispatch Services to extend the term of the Agreement an additional two years.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on May 15, 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: Sergeant Jacob Mosteller, (858) 495-7801
City Attorney Contact: Jill S. Cristich
Tuesday, June 04, 2024
Item 103: Resolutions Approving Side Letter Agreements between the City of San Diego and American Federation of State, County and Municipal Employees, AFL-CIO, Local 127; San Diego Municipal Employees Association; and Deputy City Attorneys Association of San Diego, to Amend the Memoranda of Understanding Regarding Leave Sharing Plans.
Total Estimated Cost of Proposed Action and Funding Source:
There is no fiscal impact.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-552)
Resolution approving a Side Letter Agreement between the City of San Diego and American Federation of State, County and Municipal Employees, AFL-CIO, Local 127, to amend Article 28 of the Memorandum of Understanding related to Leave Sharing Plans.
Subitem-A: 6 votes required pursuant to Charter section 11.2.
Subitem-B: (R-2024-551)
Resolution approving a Side Letter Agreement between the City of San Diego and San Diego Municipal Employees Association, to amend Article 73 of the Memorandum of Understanding related to Leave Sharing Plans.
Subitem-B: 6 votes required pursuant to Charter section 11.2.
Subitem-C: (R-2024-553)
Resolution approving a Side Letter Agreement between the City of San Diego and Deputy City Attorneys Association of San Diego, to amend Article 37 of the Memorandum of Understanding related to Leave Sharing Plans.
Subitem-C: 6 votes required pursuant to Charter section 11.2.
Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 533-4326
City Attorney Contact: Miguel Merrell
Item 104: Resolutions Approving Side Letter Agreements between the City of San Diego and American Federation of State, County and Municipal Employees, AFL-CIO, Local 127; the San Diego Municipal Employees Association; and the Deputy City Attorneys Association of San Diego, to Amend the Memoranda of Understanding regarding the Payment of Unused Floating Holiday Upon Separation of Employment, and to Extend the Same Benefit to Eligible Unrepresented Employees.
Total Estimated Cost of Proposed Action and Funding Source:
There are no known fiscal impacts at this time.
Council District(s) Affected: Citywide.
Tuesday, June 04, 2024
Proposed Actions:
Subitem-A: (R-2024-540)
Resolution approving a Side Letter Agreement between the City of San Diego and American Federation of State, County and Municipal Employees, AFL-CIO, Local 127, to amend Article 24 of the Memorandum of Understanding related to the payment of unused floating holiday upon separation of employment.
Subitem-A: 6 votes required pursuant to Charter section 11.2.
Subitem-B: (R-2024-539)
Resolution approving a Side Letter Agreement between the City of San Diego and San Diego Municipal Employees Association, to amend Article 47 of the Memorandum of Understanding related to the payment of unused floating holiday upon separation of employment.
Subitem-B: 6 votes required pursuant to Charter section 11.2.
Subitem-C: (R-2024-541)
Resolution approving a Side Letter Agreement between the City of San Diego and Deputy City Attorneys Association of San Diego, to amend Article 22 of the Memorandum of Understanding related to the payment of unused floating holiday upon separation of employment.
Subitem-C: 6 votes required pursuant to Charter section 11.2.
Subitem-D: (R-2024-542)
Resolution related to the payment of unused floating holiday upon separation of employment for eligible unrepresented City of San Diego employees.
Committee Actions Taken: N/A
Human Resources: Jonnabelle Domingo, (619) 846-0495
City Attorney Contact: Miguel Merrell
Item 105: FY25 Establishment of Overtime Eligibility.
Total Estimated Cost of Proposed Action and Funding Source:
There is no fiscal impact for this item at this time.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-543)
Resolution approving the job classifications in the City of San Diego that are eligible for overtime compensation in Fiscal Year 2025.
Committee Actions Taken: N/A
Tuesday, June 04, 2024
Human Resources: Hannah Filley, (760) 912-2441
City Attorney Contact: Miguel Merrell
Item 106: Appointments to the Youth Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 5.
Proposed Actions:
(R-2024-547)
Resolution confirming the Mayor's appointments of Sarah Gao and Milan Shah to the San Diego Youth Commission for terms ending July 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 107: Appointment to the Consolidated Plan Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 7.
Proposed Actions:
(R-2024-546)
Resolution confirming the Mayor's appointment of Nick Gulino to the Consolidated Plan Advisory Board for a term ending July 1, 2024.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item 108: Appointments and Reappointments to the Board of Library Commissioners.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 2, 4, 5, 7.
Proposed Actions:
(R-2024-556)
Resolution confirming the Mayor's appointments of Phyllis Pfeiffer and Samadi Yoeuth for terms ending March 1, 2026, reappointments of Patricia Williams Bevelyn and Sarah Moga-Alemany for terms ending March 1, 2026, and reappointment of Wendy Tuesday, June 04, 2024
Urishimia-Conn for a term ending March 1, 2025, to the Board of Library Commissioners.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
Item S500: Adoption of Employee Representation Units for Fiscal Year 2025. (Added 5/30/24) Total Estimated Cost of Proposed Action and Funding Source:
There is no known fiscal impact as a result of this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-564)
Resolution assigning City of Diego job classifications to employee representation units for Fiscal Year 2025.
Committee Actions Taken: N/A
Human Resources: Erica Balakian, (760) 912-2451
City Attorney Contact: Miguel Merrell
Item S501: A Resolution Approving a Side Letter Agreement Between the City of San Diego and San Diego Municipal Employees Association Related to Special Assignment Pay for Project Officers in the Engineering and Capital Projects Department and the Parks and Recreation Department. (Added 5/30/24)
Total Estimated Cost of Proposed Action and Funding Source:
The anticipated financial impact in Fiscal Year 2024 is approximately $15,358. The departments will absorb the cost through their operating budgets.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-568)
Resolution approving a Side Letter Agreement between the City of San Diego and San Diego Municipal Employees Association, to amend Article 21 of the Memorandum of Understanding related to special assignment pay for Project Officers in the Engineering and Capital Projects Department and Parks and Recreation Department. 6 votes required pursuant to Charter section 11.2.
Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 218-7439
City Attorney Contact: Miguel Merrell
Tuesday, June 04, 2024
Tuesday, June 04, 2024
Item S502: Resolution Approving the Agreement Between the City and San Diego Police Officers Association Regarding the Unwinding of Proposition B for Current Employees and Employees Hired on or After September 9, 2024, and the Extension of Certain Provisions of the Agreement to Similarly Situated Sworn Unrepresented Employees in the Police Department. (Added 5/30/24)
Total Estimated Cost of Proposed Action and Funding Source:
Please see Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-569)
Resolution approving the agreement between the City and the San Diego Police Officers Association regarding the unwinding of Proposition B for certain employees and the extension of certain provisions of the agreement to sworn unrepresented employees in the Police Department.
Committee Actions Taken: N/A
Human Resources: Erik Hanson, (619) 807-6269
City Attorney Contact: Thomas J. Brady
Item S503: A Resolution Approving a Side Letter Agreement Between the City of San Diego and San Diego Municipal Employees Association to Amend Article 21 of the Memorandum of Understanding Related to an Equity Adjustment for the Stores Operations Supervisor Classification in the Purchasing and Contracting Department. (Added 5/30/24)
Total Estimated Cost of Proposed Action and Funding Source:
The total cost of this equity adjustment is estimated to be $6,754 in Fiscal Year 2025 to the Stores Revolving Fund. The estimated impact in Fiscal Year 2026 is $14,183 to the Stores Revolving Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-581)
Resolution approving a Side Letter Agreement between the City of San Diego and San Diego Municipal Employees Association, to amend Article 21 of the Memorandum of Understanding related to an equity adjustment for the Stores Operations Supervisor classification in the Purchasing and Contracting Department. 6 votes required pursuant to Charter section 11.2.
Committee Actions Taken: N/A
Human Resources: Abegaile Serafico, (619) 218-7439
City Attorney Contact: Miguel Merrell
Tuesday, June 04, 2024
Item S504: Resolutions of the Council of City of San Diego Accepting and Approving the Tentative Agreement and Memorandum of Understanding Between the City of San Diego and the San Diego Police Officers Association Regarding the Terms and Conditions of Employment for Fiscal Years 2025 and 2026; and the Agreement Between the City of San Diego and the San Diego Police Officers Association Regarding Out of Class Assignments for Police Detectives for Fiscal Year 2025. (Added 5/30/24)
Total Estimated Cost of Proposed Action and Funding Source:
See Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-525)
Resolution accepting and approving the Tentative Agreement and Memorandum of Understanding between the City and the San Diego Police Officers Association regarding terms and conditions of employment for Fiscal Years 2025 and 2026. (Six votes required.)
Subitem-A: 6 votes required pursuant to Charter Section 11.2.
Subitem-B: (R-2024-599)
Resolution accepting and approving a Side Letter Agreement to the Memorandum of Understanding between the City and the San Diego Police Officers Association regarding out-of-class assignments for Police Detectives in Fiscal Year 2025.
Committee Actions Taken: N/A
Human Resources: Erik Hanson, (619) 807-6269
City Attorney Contact: Joan F Dawson
Item S508: Resolution of the Council of City of San Diego Accepting and Approving the Tentative Agreement and Memorandum of Understanding Between the City of San Diego and the California Teamsters Local 911 Regarding the Terms and Conditions of Employment for Fiscal Years 2025 and 2026. (Added 5/31/24) Total Estimated Cost of Proposed Action and Funding Source:
The total cost of the proposed MOU is estimated to be $2.13M to the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-595)
Resolution accepting and approving the Tentative Agreement and Memorandum of Understanding between the City and Teamsters Local 911 regarding terms and conditions of employment for Fiscal Years 2025 and 2026. 6 votes required pursuant to Charter section 11.2.
Tuesday, June 04, 2024
Committee Actions Taken: N/A
Human Resources: Manuel Quintero, (619) 236-6339
City Attorney Contact: Joan F. Dawson
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
Tuesday, June 04, 2024
PROCLAMATIONS/CEREMONIAL ITEMS (PRESENTED AT THE MEETING) Item 30: Presentation of Chief David Nisleit Day.
MAYOR GLORIA AND COUNCILMEMBER VON WILPERT'S
RECOMMENDATION:
Presentation of the Proclamation "Chief David Nisleit Day" Which was Approved by the Council on 5/21/24 to Chief Nisleit in Recognition of his Service Leading to Retirement.
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 31: Maricella Garcia Day
COUNCILMEMBER CAMPBELL, COUNCILMEMBER VON WILPERT, AND
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming April 5, 2024 to be “Maricella Garcia Day” in the City of San Diego.
Item 32: Small Business Week 2024.
COUNCILMEMBER LEE AND COUNCILMEMBER CAMPILLO'S
RECOMMENDATION:
Proclaiming April 28, 2024 to May 4, 2024 to be “Small Business Week 2024” in the City of San Diego.
Item S505: Jim Sleight Day. (Added 5/30/24)
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming June 9, 2024, to be “Jim Sleight Day” in the City of San Diego.
Item S506: Mary Beth Doss Day. (Added 5/30/24)
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming June 13, 2024, to be “Mary Beth Doss Day” in the City of San Diego.
Tuesday, June 04, 2024
INFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)
Item 330: Adopt an Ordinance Enacting Firearm Procurement Reforms to Reduce Gun Violence – Ira Sharp Firearm Dealer Accountability Act.
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: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-118)
Introduction of an Ordinance amending Chapter 5, Article 3, Division 00 of the San Diego Municipal Code by adding Section 53.32, relating to the contracts with vendors of firearms or ammunition.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on May 15, 2024.
ACTION: Motion by Chair von Wilpert, Second by Vice Chair Campillo to recommend Council approval of staff's proposed actions with the following amendment:
recent inspection reports of any firearm inspection conducted by federal, state, or local agencies"
VOTE: 3-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-not present.
Council District 5: Joon Suh, (619) 236-6655
City Attorney Contact: Jill S. Cristich
Tuesday, June 04, 2024
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
NON-AGENDA PUBLIC COMMENT
This portion of the agenda provides an opportunity for members of the public to address the Council on items of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are to be taken at the time the item is heard.)
Per Rule 2.7.2, Non-Agenda Public Comment is limited to two (2) minutes per speaker. Speakers may not allocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the maximum time allotted for that issue will be sixteen (16) minutes. Additionally, non-agenda public comment during the 10am session may be limited to 30 minutes at the discretion of the Council President for meeting management purposes. If some Non-Agenda Public Comment is trailed, any remaining speakers will be given an opportunity to speak during the 2pm session after Council concludes the Information and Adoption agenda items for the day.
TUESDAY, JUNE 04, 2024 AT 2:00 PM
ROLL CALL
Tuesday, June 04, 2024
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item 331: Ordinance Adopting Updated SDPD Military Equipment Use Procedure, and Renewing Approval for Use, Funding, and Acquisition of Military Equipment, Under Assembly Bill 481.
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 Police Department FY 2024 Budget allocated $1,298,240 toward military equipment expenditures from the General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-119)
Introduction of an Ordinance adopting the updated Police Department Military Equipment Use Procedure and renewing approval for military equipment under Assembly Bill 481.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on May 15, 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: Rick Aguilar, Lieutenant, (619) 977-3632
City Attorney Contact: Michelle Garland
ADOPTION AGENDA
Item 332: Fiscal Year 2025 Maintenance Assessment District Annual Reports for Economic Development Department.
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 Fiscal Year 2025 revenues for EDD MADs under this action item totals $4,414,907. The proposed budget includes: $4,133,505 in Fiscal Year 2025 assessment revenues, of which $139,096 are assessments on City-Owned parcels. The proposed DISCUSSION, ORDINANCES TO BE INTRODUCED:
DISCUSSION, RESOLUTIONS TO BE ADOPTED:
Tuesday, June 04, 2024
Fiscal Year 2025 budget also includes an estimated City contribution of $26,561 from the Gas Tax Fund (Medians), $254,841 in General Benefit Offset. The City will receive the lesser of a flat rate of $33,764 from the MADs for administrative cost.
Council District(s) Affected: 1, 2, 3, 8, 9.
Proposed Actions:
(R-2024-566)
Resolution approving the Annual Report submitted in connection with Economic Development MADS for Fiscal Year 2025 and related funding actions.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on May 9, 2024.
ACTION: Motion by Committee Member Campillo, 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.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Daphne Z. Skogen
Tuesday, June 04, 2024
Item 333: Fiscal Year 2025 Annual Reports for Parks & Recreation Department Maintenance Assessment Districts.
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:
See Staff Report for fiscal considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-567)
Resolution approving the Annual Report submitted in connection with Parks & Rec MADs for Fiscal Year 2025 and related funding actions.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on May 9, 2024.
ACTION: Motion by Committee Member Campillo, second by Vice Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campbell-yea, von Wilpert-yea, Foster III-yea, Campillo-yea.
Parks & Recreation: Michael Jones, (619) 685-1307
City Attorney Contact: Daphne Z. Skogen
Item 334: Fiscal Year 2025 Recreation Center Fund Budgets, Opportunity Fund Budget and 2024 Recreation Equity Report.
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:
See Staff Report for fiscal considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-512)
Resolution of the Council of the City of San Diego Allocating Fiscal Year 2025 Park and Recreation Center Funds and Opportunity Fund Budgets, and creating two new recreation center funds, one each for Bay Terraces Recreation Center and East Village Green Recreation Center, and all related items.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on May 9, 2024.
Tuesday, June 04, 2024
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campillo, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campbell-yea, Foster III-yea, von Wilpert-yea, Campillo-yea.
Parks & Recreation: Sarah Erazo, (619) 740-1627
City Attorney Contact: Jane M. Boardman
ADOPTION AGENDA
Item 335: 4620 Pacific Viewpoint, Process 2 Appeal Decision PRJ-1056469.
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:
Appeal processing is funded via a deposit paid by the applicant. Prior project processing was funded by application fees.
Council District(s) Affected: 2.
Proposed Actions:
Appeal of the Development Services Department’s March 4, 2024 approval of a Neighborhood Development Permit No. PMT-3155118 and Easement Vacation No.
PMT-3155119 for a new multi-dwelling unit project consisting of 223 dwelling units located at 4620 Pacific Highway in the OTMCR-1-3 zone within the Old Town Community Plan
According to San Diego Municipal Code Section 112.0508(f), Power to Act on Appeal, the City Council may:
(1) Affirm the Development Services Department’s decision to grant the permits and Easement Vacation; or
(2) Affirm the Development Services Department’s decision to grant the permits and Easement Vacation with modifications; or
(3) Reverse the Development Services Department’s decision to grant the permits and Easement Vacation.
Directing the City Attorney to prepare the appropriate Resolutions according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Christian Hoppe, (619) 446-5293
City Attorney Contact: Noah Brazier
DISCUSSION, NOTICED HEARINGS:
Tuesday, June 04, 2024
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, June 04, 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
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.
Tuesday, June 04, 2024
In order to ensure that the Council has time to consider all agenda items, Non-Agenda Public Comment on particular issues and for each individual speaker will be as follows:
Each speaker will be limited to two minutes. Speakers may not allocate their time to other speakers. If there are eight or more speakers on a single issue, the maximum time for the issue will be 16 minutes. The order of speaking generally will be determined on a first-come, first-served basis, however, priority may 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)