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.gov/councilmtg
To join by telephone: Dial 1-669-254 5252 + input Webinar ID: 161 777 2614 TUESDAY, OCTOBER 29, 2024, AT 10:00 AM and 2:00 PM
Tuesday, October 29, 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.
Please click the link below to join the webinar:
https://sandiego.gov/councilmtg
To join by telephone: Dial 1-669-254 5252
When prompted, input Webinar ID: 161 777 2614
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 Tuesday, October 29, 2024
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.
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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。
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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 Tuesday, October 29, 2024
RECOMMENDATIONS OF STAFF AS DETERMINATIVE OF THE ACTION THE CITY COUNCIL MAY TAKE ON A PARTICULAR MATTER.
TUESDAY, OCTOBER 29, 2024 AT 10:00 AM
ROLL CALL
LAND ACKNOWLEDGEMENT
PLEDGE OF ALLEGIANCE
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS SCHEDULED DURING
THE MORNING MEETING
CONSENT ITEMS
The Consent items listed are considered to be routine, and the environmental documents have been considered.
APPROVAL AGENDA
Item 10: Approval of Council Minutes.
Proposed Actions:
Subitem-A: Approval of Council Minutes for July 22, 2024.
Subitem-B: Approval of Council Minutes for July 23, 2024.
Subitem-C: Approval of Council Minutes for September 16, 2024.
Subitem-D: Approval of Council Minutes for September 17, 2024.
APPROVAL OF COUNCIL MINUTES
Tuesday, October 29, 2024
Item 50: Second Amendment to the Funding Agreement with the San Diego County Water Authority for the Hodges Watershed Improvement Project.
Total Estimated Cost of Proposed Action and Funding Source:
This is a Second Amendment to the agreement with the San Diego County Water Authority for the Hodges Watershed Improvement Project, to extend the term of agreement through January 31, 2025. The cost share has previously been paid.
Council District(s) Affected: 5.
Proposed Actions:
(O-2025-47)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with the San Diego County Water Authority, extending the Contract through January 31, 2025 and update the costs, schedule and terms, in connection with the Hodges Watershed Improvement Project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 10, 2024.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member EloRivera, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Justin Stanek
ADOPTION AGENDA
CONSENT, ORDINANCES TO BE INTRODUCED:
Tuesday, October 29, 2024
Item 51: Award a Construction Contract, K-24-2115-DBB-3-A-C to Reyes Construction, Inc. and Extend the Contract Duration Beyond Five Years for the Purpose of Providing Construction Services for the South Mission Beach Storm Drain and Green Infrastructure Project.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost for this action is $63,747,832.00, funding source: Clean Water State Revolving Fund (SRCWF), Water Infrastructure Finance and Innovation Act (WIFIA), and TransNet.
Council District(s) Affected: 2.
Proposed Actions:
(O-2025-46)
Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into an Agreement with Reyes Construction, Inc., in an amount not-to-exceed $63,747,832, to provide construction services, related to the South Mission Beach Storm Drain and Green Infrastructure project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 9, 2024.
ACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present. (Rev. 10/24/24)
Engineering & Capital Projects: Jayna Straughn, (619) 607-5046 City Attorney Contact: Dominic Guglielmo
Item 52: Award a First Amendment to the Consultant Agreement with Platt Whitelaw Architects, Inc., with the Purpose of Providing Professional Services for the Design and Construction Support of Mira Mesa Community Park Phase 2 Improvements Project (Contract No. H186977).
Total Estimated Cost of Proposed Action and Funding Source:
$235,490.00 from CIP Mira Mesa Community Park Improvements Pool & Skate Plaza Ph2, Mira Mesa Development Impact Fee (DIF)
Council District(s) Affected: 6.
Tuesday, October 29, 2024
Proposed Actions:
(O-2025-49)
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Contract with Platt Whitelaw Architects, Inc., for additional design and construction services in an amount not-to-exceed $235,490, and extend the term of the Agreement an additional three years, in connection with the Mira Mesa Community Park Phase II Improvements project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 9, 2024.
ACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present. (Rev.10/24/24)
Engineering & Capital Projects: Jason Grani, (619) 533-7525 City Attorney Contact: Dana C. Fairchild
Item 53: This Item has been moved to 10am Discussion Agenda and is now S500. (Rev. 10/23/24)
Item 54: Amendments to the Municipal Code Regarding Administrative Fines Assessed by the Ethics Commission.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(O-2025-28)
Introduction of an Ordinance amending Chapter 2, Article 6, Division 4 of the San Diego Municipal Code by amending section 26.0440, relating to administrative fines assessed by the Ethics Commission.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on October 2, 2024.
Tuesday, October 29, 2024
ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Elo-Rivera-yea, LaCava-yea, Lee-yea, Moreno-yea, Campillo-not present.
Ethics Commission: Sharon Spivak, (619) 533-3476
City Attorney Contact: Hilda R. Mendoza
ADOPTION AGENDA
Item 55: Amendments to the San Diego Municipal Code Concerning the Regulation of Pedicabs.
Total Estimated Cost of Proposed Action and Funding Source:
There are no expenditures being authorized with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/14/2024, Item 200 (Council voted 8-0, Councilmember Campbell-not present):
(O-2025-40)
Ordinance amending Chapter 3, Article 3, Division 46 of the San Diego Municipal Code by amending Sections 33.4602, 33.4604, 33.4605, 33.4608,
33.4609, 33.4610, 33.4612, 33.4613, 33.4618, 33.4619, 33.4620, 33.4621, 33.4622,
33.4623, and 33.4624; and amending Chapter 8, Article 3, Division 1 of the San Diego Municipal Code by amending sections 83.0101, 83.0102, 83.0104, 83.0105,
83.0106, and 83.0107, all related to pedicabs.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on July 17, 2024.
ACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.
Council District 3: Terrence Sullivan, (619) 236-3366
CONSENT, ORDINANCES TO BE ADOPTED:
Tuesday, October 29, 2024
City Attorney Contact: Michelle Garland
Item 56: First Amendment to the Contract with EPI Environmental Products, Inc. to Provide Polyethylene Film and Replacement Parts for the Enviro Cover System at the Miramar Landfill to Increase the Contract Amount and Extend the Contract for an Additional Five-Year Term.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to extend the Contract an additional five (5) years and will add funding in an amount not-to-exceed $6,700,000 from the Refuse Disposal Enterprise Fund.
Council District(s) Affected: 6.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/15/2024, Item S504 (Council voted 7-1, Councilmember von Wilpert-nay, Councilmember Campbellnot present):
(O-2025-36)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Contract with EPI Environmental Products, Inc. extending the Contract five (5) years through February 20, 2029, and adding $3,815,000 to the Contract for a total not-to-exceed amount of $6,700,000, to procure polyethylene film and replacement parts for the Enviro Cover system at Miramar Landfill.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on September 12, 2024.
ACTION: Motion by Council Member Elo-Rivera, second by Chair LaCava, to move the item to full Council with no recommendation from Committee.
VOTE: 2-1; LaCava-yea, Elo-Rivera-yea, von Wilpert-nay, Campbell-not present.
Environmental Services: James Hay, (858) 627-3321
City Attorney Contact: Nicole M. Denow
Item 57: Award a Contract to Sherpa Government Solutions LLC for Budgeting and Forecasting System, Implementation, and Ongoing Support.
Tuesday, October 29, 2024
Total Estimated Cost of Proposed Action and Funding Source:
This action is requesting budgeting and forecasting software as a service (SaaS), including implementation, and ongoing support, from Sherpa Government Solutions LLC in the amount not-to-exceed $4,263,912.82 for five years, with a city option for five additional one-year periods. Refer to accounting table for details.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/8/2024, Item 50 (Council voted 7-0, Councilmember Campbell-not present and Councilmember Moreno-not present):
(O-2025-29)
Ordinance authorizing the Mayor, or designee, to enter into an Agreement with Sherpa Government Solutions LLC for its budgeting and forecasting system in a total amount not-to-exceed $4,263,912.82 for up to ten years. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on September 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.
Department of Finance: Benjamin Battaglia, (619) 533-3717 City Attorney Contact: Bret A. Bartolotta
Item 58: Master Lease Agreement to Finance One Fire-Rescue Helicopter and General Fund Vehicles and Equipment.
Total Estimated Cost of Proposed Action and Funding Source:
Please refer to the Fiscal Considerations section of the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Tuesday, October 29, 2024
Adopt the following Ordinance which was introduced on 10/8/2024, Item 330 (Council voted 7-0, Councilmember Campbell-not present and Councilmember Moreno-not present):
(O-2025-39)
Ordinance approving the City of San Diego’s Master Lease Agreement with Banc of America Public Capital Corporation for the purpose of financing one FireRescue helicopter and certain essential vehicles and equipment in an amount not-to-exceed $40,000,000 and declaring its official intent to reimburse itself from the proceeds of tax-exempt lease-purchase obligations. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on September 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.
Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: Marguerite Middaugh
ADOPTION AGENDA
Item 60: This Item has been moved to 10am Discussion Agenda and is now S501. (Rev. 10/23/24)
ADOPTION AGENDA
Item 100: Request to Award Contract to Clean Harbors Environmental Services, Inc., for Household Hazardous Waste Management, Transportation and Disposal Services for a Two-Year Term with Three One-Year Options to Renew in an Amount Not-to-exceed $20,000,000.
Total Estimated Cost of Proposed Action and Funding Source:
Agreement has an initial two-year term with three one-year options. Total contract amount over five years is not-to-exceed $20,000,000.00. Funding for Fiscal Year 2025 is from the Refuse Disposal Enterprise Fund ($18,000.00), the CONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
CONSENT, RESOLUTIONS TO BE ADOPTED:
Tuesday, October 29, 2024
Recycling Enterprise Fund ($2,476,010.00), and the CalRecycle Used Oil Payment Program Grant Fund ($24,990.00), for a total of $2,519,000.00.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2025-172)
Resolution determining that authorization of an agreement with Clean Harbors Environmental Services, Inc. for Household Hazardous Waste management, transportation, and disposal services is categorically exempt from the California Environmental Quality Act under Title 14 California Code of Regulations Section 15308.
Subitem-B: (R-2025-173)
Resolution authorizing an agreement with Clean Harbors Environmental Services, Inc. for Household Hazardous Waste management, transportation, and disposal services for a two-year term with three one-year options to renew in an amount not-to-exceed $20 million and related funding actions.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 10, 2024.
ACTION: Motion by Committee Member Elo-Rivera, second by Vice Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.
Environmental Services: James Hay, Deputy Director, (858) 627-3321 City Attorney Contact: Jeanne MacKinnon
Item 101: Contract with All American Marine Inc. to Build a Replacement Ocean Monitoring Vessel.
Total Estimated Cost of Proposed Action and Funding Source:
The contract has a total not-to-exceed amount of $9,292,678.10. Funds will be available, beginning in FY 2025, in the Metro Sewer Utility Fund , contingent upon adoption of the Annual Appropriation Ordinance for the applicable FY, and contingent upon the Chief Financial Officer furnishing one or more certificates certifying that funds necessary for expenditure are, or will be, on deposit with the City Treasurer. The estimated amount to be spent in FY 2025 is $3,252,437.34.
Council District(s) Affected: Citywide.
Proposed Actions:
Tuesday, October 29, 2024
(R-2025-175)
Resolution authorizing the Mayor or designee to sign an agreement with All American Marine Inc., in an amount not-to-exceed $9,292,678.10, to build a replacement ocean monitoring vessel.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 10, 2024.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member EloRivera, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.
Public Utilities: Ryan Kempster, (619) 758-2329
City Attorney Contact: Bonny Hsu
Tuesday, October 29, 2024
Item 102: Award a Consultant Agreement, Contract #H2426335-M, to Kleinfelder Inc. to Provide Professional Engineering Design and Design Support Services During Construction for the North/South Metro Interceptors Rehab Project.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $4,483,362 for a term of 60 months.
The agreement will be funded by the Sewer Utility CIP Fund.
Council District(s) Affected: 2, 3, 7, 8.
Proposed Actions:
(R-2025-176)
Resolution authorizing the Mayor or designee to sign an agreement with Kleinfelder Inc., in an amount not-to-exceed $4,483,362, to provide professional engineering design and design support services related to the North/South Metro Interceptors Rehab project.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 9, 2024.
ACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present. (Rev.10/24/24)
Engineering & Capital Projects: Shadi Sami, (619) 236-7306 City Attorney Contact: Bonny Hsu
Item 103: Award of Design-Build Phase-Funded Contract Agreement K-24-2131-DB2- 3-C with Barnhart-Reese Construction for the Oak Park Library Project.
Total Estimated Cost of Proposed Action and Funding Source:
The total phase-funded cost is $34,900,000.00; of which $4,621,096 is for Phase 1 and $30,278,904.00 for all subsequent phases. A $20,000,000 California State Grant Fund is being utilized to award phase 1 of the design-build contract for the Oak Park Library project.
Council District(s) Affected: 4.
Proposed Actions:
Tuesday, October 29, 2024
(R-2025-189)
Resolution authorizing the Mayor, or his designee, to enter into a contract with Barnhart-Reese Construction, in an amount not-to-exceed $34,900,000, to provide design and construction services for Oak Park Library and related actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 9, 2024.
ACTION: Motion by Committee Member Foster III, second by Chair Whitburn, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present. (Rev. 10/24/24)
Engineering & Capital Projects: Jason Grani, (619) 533-7525 City Attorney Contact: Dana C. Fairchild
Item 104: Authorization to Award a Construction Contract to Pacific Building Group for the Purpose of Constructing Tenant Improvements for the Development Services Department’s Leased Facility Located at 7650 Mission Valley Road.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to approve a construction contract in an amount not-to-exceed of $2,761,631 for the interior tenant improvements for Development Services Department operations located at 7650 Mission Valley Road. Funding is available in the Development Services Enterprise Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2025-191)
Resolution determining the construction contract to Pacific Building Group for the purpose of constructing tenant improvements for the Development Services Department’s leased facility located at 7650 Mission Valley Road is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301, existing facilities, and that no exceptions to that exemption apply.
Subitem-B: (R-2025-190)
Tuesday, October 29, 2024
Resolution authorizing the award of a construction contract for a not-to-exceed amount of $2,761,631 to Pacific Building Group for the purpose of constructing tenant improvements for the Development Service Department’s leased facility located at 7650 Mission Valley Road.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 16, 2024.
ACTION: Motion by Chair Lee, second by Committee Member Moreno, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Foster III-yea, Lee-yea, Moreno-yea, LaCava-not present.
Development Services: Rimah Khouri-Velez, (619) 466-5007 City Attorney Contact: Noah Brazier
Item 105: Award of Four (4) Stormwater Design As-Needed Agreement with TY Lin International, Michael Baker International, Black & Veatch and Wood Rodgers, Inc.
Total Estimated Cost of Proposed Action and Funding Source:
See Staff Report for fiscal considerations.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2025-180)
Resolution authorizing an Agreement with TY Lin International Group, LTD., for as-needed Stormwater Design and Engineering Services, in an amount not-toexceed $10,000,000 over five years, and related funding actions.
Subitem-B: (R-2025-181)
Resolution authorizing an Agreement with Michael Baker International LLC, for as-needed Stormwater Design and Engineering Services, in an amount not-toexceed $10,000,000 over five years, and related funding actions.
Subitem-C: (R-2025-182)
Resolution authorizing an Agreement with Black & Veatch Corporation, for asneeded Stormwater Design and Engineering Services, in an amount not-toexceed $10,000,000 over five years, and related funding actions.
Subitem-D: (R-2025-183)
Tuesday, October 29, 2024
Resolution authorizing an Agreement with Wood Rodgers, Inc., for as-needed Stormwater Design and Engineering Services, in an amount not-to-exceed $10,000,000 over five years, and related funding actions, Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 9, 2024.
ACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present. (Rev.10/24/24)
Engineering & Capital Projects: Carrie Purcell, (619) 533-5124 City Attorney Contact: Ray Palmucci
Item 106: Increase CIP Budget in S-00869 by $2,530,000 and Encumber an Additional $12,670,000 for Total City Funding of $15,200,000, and Execute Construction COOP Agreement with California Dept of Transportation (Caltrans) for the Administration, Advertisement, and Award of the Palm Ave I-805 Interchange Project.
Total Estimated Cost of Proposed Action and Funding Source:
The Construction Cooperative Agreement totals $39,200,00.00, of which $24,000,000.00 is being federally funded by the Bridge Investment Program Grant, with the remaining $15,200,000.00 being funded by the City, by the Transnet Extension RTCI Fee Fund, the Otay Mesa Facilities Benefit Assessment Fund, the Otay Mesa Local Mobility Development Impact Fee Fund, and the Otay Mesa Development Impact Fee Fund.
Council District(s) Affected: 8.
Proposed Actions:
(R-2025-192)
Resolution approving a Construction Cooperative Agreement with the California Department of Transportation (Caltrans) for the Administration, Advertisement, and Award of the Palm Avenue / I-805 Interchange Project in an amount not-toexceed $39,200,000 and related actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 9, 2024.
Tuesday, October 29, 2024
ACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present. (Rev. 10/24/24)
Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Ryan P. Gerrity
Item 107: A Resolution of the Council of the City of San Diego Approving Two Agreements Between the City of San Diego and the San Diego Police Officers Association to Amend Their Memorandum of Understanding for Fiscal Years 2025 and 2026 Related to the Restructure of San Diego Police Department Management and Holiday Pay.
Total Estimated Cost of Proposed Action and Funding Source:
There are no anticipated fiscal impacts related to this action for Subitem 1.
There are no material fiscal impacts related to this action for Subitem 2.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-196)
Resolution approving two agreements between the City of San Diego and the San Diego Police Officers Association to amend their Memorandum of Understanding for Fiscal Years 2025 and 2026 related to the restructure of the San Diego Police Department Management and Holiday Pay. 6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Erik Hanson, (619) 807-6269
City Attorney Contact: Joan F. Dawson
Item 108: Adopting an Amended Conflict of Interest Code for the Communications Department.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-165)
Tuesday, October 29, 2024
Resolution adopting an amended Conflict of Interest Code for the Communications Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Communications: Nicole Darling, (619) 236-7064
City Attorney Contact: Jose A Garcia
Item 109: Adopting an Amended Conflict of Interest Code for the Department of Finance.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-154 Cor. Copy)
Resolution adopting an amended Conflict of Interest Code for the Department of Finance.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Debt Management: Samantha Weisman, (619) 533-6491
City Attorney Contact: Hilda R. Mendoza
Item 110: Adopt an Amended Conflict of Interest Code for the San Diego Housing Commission.
Total Estimated Cost of Proposed Action and Funding Source:
This action has no fiscal impact.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-155 Cor. Copy)
Resolution adopting an amended Conflict of Interest Code for the San Diego Housing Commission.
Tuesday, October 29, 2024
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Housing Commission: Chuck Christensen, (619) 578-7179
City Attorney Contact: Hilda R. Mendoza
Item 111: Adopting an Amended Conflict of Interest Code for the Engineering and Capital Projects Department.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-136 Cor. Copy)
Resolution adopting an amended Conflict of Interest Code for the Engineering and Capital Projects Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Engineering & Capital Projects: Mark Gonzalez, (619) 533-4180 City Attorney Contact: Hilda R. Mendoza
Item 112: Amended Conflict of Interest Code for the Transportation Department.
Total Estimated Cost of Proposed Action and Funding Source: None.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-170)
Resolution adopting an amended Conflict of Interest Code for the Transportation Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Transportation Department: Julio Canizal, (619) 235-5717 City Attorney Contact: Hilda R. Mendoza
Tuesday, October 29, 2024
Item 113: Adopting an Amended Conflict of Interest Code for the Economic Development Department.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-171)
Resolution adopting an amended Conflict of Interest Code for the Economic Development Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Hilda R. Mendoza
Item 114: Adopting an Amended Conflict of Interest Code for the Department of Real Estate and Airport Management.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-169)
Resolution adopting an amended Conflict of Interest Code for the Real Estate and Airport Management Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Hilda R. Mendoza
Item 115: Adopting an Amended Conflict of Interest Code for the Purchasing & Contracting Department.
Total Estimated Cost of Proposed Action and Funding Source:
Tuesday, October 29, 2024
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-174)
Resolution adopting an amended Conflict of Interest Code for the Purchasing and Contracting Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Purchasing & Contracting: Claudia Abarca, (619) 236-5921 City Attorney Contact: Hilda R. Mendoza
Item 116: Appointment of the City’s Management Team for the Purposes of Meeting and Conferring with the City’s Recognized Employee Organizations.
Total Estimated Cost of Proposed Action and Funding Source:
There is no fiscal impact for this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-164 Cor. Copy)
Resolution designating the City of San Diego's management team for labor negotiations with the City's recognized employee organizations.
Committee Actions Taken: N/A
Human Resources: Hannah Filley, (760) 912-2441
City Attorney Contact: Miguel Merrell
Item 117: Settlement of Joan Savarese v. City of San Diego, San Diego Superior Court No. 37-2022-00012275-CU-PO-CTL, Risk No. 28345.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $75,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-132)
Tuesday, October 29, 2024
Resolution authorizing the settlement of Joan Savarese v. City of San Diego, San Diego Superior Court Case No. 37-2022-00012275-CU-PO-CTL, related to a claim for personal injury damages from a trip and fall accident on the sidewalk at 5060 Newport Avenue in the City of San Diego on June 27, 2021. Claim No. 28345.
Committee Actions Taken: N/A
Office of the City Attorney: John P. Pearson, (619) 533-6193 Item 118: Orion Construction v. City of San Diego, et al., San Diego Superior Court No. 37-2023-00033084-CU-CO-CTL, Claim No 23751.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $1,218,943.89 from Water Utility Fund and $41,056.11 from Muni Sewer Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-126)
Resolution authorizing the settlement of Orion Construction v. City of San Diego, et al., San Diego Superior Court No. 37-2023-00033084-CU-CO-CTL, related to an alleged breach of contract. Risk Claim No. 23751.
Committee Actions Taken: N/A
Office of the City Attorney: Jon Taylor, (619) 235-5898 Tuesday, October 29, 2024
Item 119: Settlement of Elizabeth Murphy v. City of San Diego, San Diego Superior Court No. 37-2023-00007718 CU-PO-CTL, Claim No. 28998.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $115,000.00 will be paid from Public Liability Fund.
Council District(s) Affected: 2.
Proposed Actions:
(R-2025-158)
Resolution authorizing the settlement of Elizabeth Murphy v. City of San Diego, San Diego Superior Court No. 37-2023-00007718 CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property. Risk Claim No. 28998.
Committee Actions Taken: N/A
Office of the City Attorney: Sarah A. Wigdor-Roberts, (619) 533-5854 Item 120: Appointment to the Airports Advisory Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: Outside of City limits.
Proposed Actions:
(R-2025-177)
Resolution confirming the Mayor's appointment of Jason Ponchetti to the Airports Advisory Committee for a term ending February 28, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Tuesday, October 29, 2024
Item 121: Appointments to the Community Reinvestment Advisory Review Committee.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1, 3, 9.
Proposed Actions:
(R-2025-178)
Resolution confirming the Mayor's appointments of Joel Celestin and Peter Mayne Cline for terms ending June 30, 2026, and Stephen Samuels and Fred Sotelo for terms ending June 30, 2028, to the Community Reinvestment Review Advisory Committee.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
Item S504: Approval of a First Amendment to Leasehold Development Agreement with San Diego Airpark, LLC Relating to a Total of 331 Acres of City-Owned Real Property at Brown Field Municipal Airport, and Second Amendments to 59 Flat Rate Parcel Ground Lease and Right of Entry License Agreements with San Diego Airpark, LLC Relating to a Total of 207.56 Acres of the Property. (Added 10/24/24)
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: 8.
Proposed Actions:
(R-2025-201)
Resolution of the Council of the City of San Diego approving a First Amendment to Leasehold Development Agreement with San Diego Airpark, LLC relating to a total of 331 acres of City-owned real property at Brown Field Municipal Airport, and Second Amendments to 59 Flat Rate Parcel Ground Lease and Right of Entry License Agreements with San Diego Airpark, LLC relating to approximately 207.56 acres of the property.
Committee Actions Taken:
Tuesday, October 29, 2024
This item was heard at the Land Use and Housing Committee meeting on October 17, 2024.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Whitburn, to recommend Council approval of staff's proposed actions.
VOTE: 3-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-not present.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
Tuesday, October 29, 2024
NON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET
ANALYST, CITY CLERK, CITY ATTORNEY
PROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING) Item 30: LGBTQ+ History Month.
MAYOR GLORIA, COUNCILMEMBER CAMPBELL, COUNCILMEMBER WHITBURN, AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
Proclaiming the month of October 2024, to be “LGBTQ+ History Month” in the City of San Diego.
Item 31: Marine Safety Lieutenant Lonnie Booker Stephens Day.
MAYOR GLORIA AND COUNCIL PRESIDENT PRO TEM LACAVA'S
RECOMMENDATION:
Proclaiming October 29, 2024, to be “Marine Safety Lieutenant Lonnie Booker Stephens Day” in the City of San Diego.
Item 32: Breast Cancer Awareness Month.
COUNCILMEMBER CAMPBELL, COUNCILMEMBER WHITBURN, AND
COUNCILMEMBER VON WILPERT’S RECOMMENDATION: (REV. 10/25/24) Proclaiming the month of October 2024, to be “Breast Cancer Awareness Month” in the City of San Diego.
Item 33: 25th Annual San Diego Asian Film Festival Week.
COUNCILMEMBER LEE'S RECOMMENDATION:
Proclaiming the week of November 7 – 16, 2024, to be “25th Annual San Diego Asian Film Festival Week” in the City of San Diego.
Item 34: Positive Parenting Program Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
Proclaiming October 29, 2024, to be “Positive Parenting Program Day” in the City of San Diego.
Item 35: Ruben Torres Day.
COUNCILMEMBER MORENO'S RECOMMENDATION:
Proclaiming November 9, 2024, to be “Ruben Torres Day” in the City of San Diego.
Tuesday, October 29, 2024
SPECIAL ORDERS OF BUSINESS
None.
ITEMS PULLED FROM CONSENT BY COUNCILMEMBERS
INFORMATIONAL AND ADOPTION AGENDA ITEMS (10AM SESSION)
ADOPTION AGENDA
Item S500: Drinking Water State Revolving Fund Loan to the City of San Diego’s Water System for the Lead Service Line Inventory and Investigation Project. (Added 10/23/24)
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:
The estimated amount of the loan is reasonably expected not to exceed $8 million, which will be repaid by the Water Utility Fund over a 10 year period at 0% interest. See Fiscal Considerations section in staff report.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2025-4)
Introduction of an Ordinance authorizing the Mayor or designee to implement a Drinking Water State Revolving Fund Loan in an amount reasonably expected not to exceed $8 million to facilitate the funding of the Lead Service Line Inventory and Investigation Project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 16, 2024.
ACTION: Motion by Chair Lee, second by Committee member Moreno, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Foster III-yea, Lee-yea, Moreno-yea, LaCava-not present.
Debt Management: Allison Falkenstein, (619) 533-4516
10AM DISCUSSION, ORDINANCES TO BE INTRODUCED:
Tuesday, October 29, 2024
City Attorney Contact: Bret A. Bartolotta
ADOPTION AGENDA
Item S501: Water Revenue Commercial Paper Program Letter of Credit Extension. (Added 10/23/24)
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:
See "Fiscal Considerations" section of Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2025-48)
Introduction of an Ordinance authorizing the execution of the First Amendment to Reimbursement Agreement between the City and Bank of America, N.A to extend the term of its direct-pay letter of credit to support the Public Facilities Financing Authority of the City of San Diego's Subordinated Water Revenue Commercial Paper Notes; and other related actions.
Subitem-A: 6 votes required pursuant to Charter Section 99.
Subitem-B: (R-2025-188 Cor. Copy) (Rev. 10/23/24)
Resolution authorizing the execution of a Reimbursement Agreement declaring the City’s official intent to use proceeds from debt obligations to reimburse itself for eligible capital expenditures advanced by the City’s Water Utility Fund.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee on October 16, 2024.
ACTION: Motion by Chair Lee, second by Committee Member Moreno, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Foster III-yea, Lee-yea, Moreno-yea, LaCava-not present.
Debt Management: Allison Falkenstein, (619) 533-4516
City Attorney Contact: David Powell
10AM DISCUSSION, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:
Tuesday, October 29, 2024
ADOPTION AGENDA
Item 330: Settlement of San Diego County Air Pollution Control District for Notice of Violation No. APCD2022-NOV-000430 Dated June 27, 2022.
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:
Settlement amount of $700,000.00 will be paid from the General Fund.
Council District(s) Affected: 9.
Proposed Actions:
(R-2025-162 Cor. Copy) (Rev.10/24/24)
Resolution authorizing the settlement of San Diego County Air Pollution Control District for Notice of Violation No. APCD2022-NOV-000430 dated June 27, 2022, alleging violations of Rule 10 (operating without air permit) and Rule 51 (air emission nuisance at the Police Pistol Range on Federal Blvd.
Committee Actions Taken: N/A
Office of the City Attorney: Frederick Ortlieb, (619) 236-6318 10AM DISCUSSION, RESOLUTION TO BE ADOPTED:
Tuesday, October 29, 2024
Item S502: Agreement Satisfying and Terminating Obligations Under 2004 Transfer Agreement and Amending 2004 City Option, in Relation to Property Located at 1100 Kettner Boulevard. (Added 10/23/24)
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:
MCASD will cause $150,000 to be transferred to the City in satisfaction of its financial obligation under the 2004 Transfer Agreement for the Public Access Improvements associated with the B Street Corridor Improvement project. These funds will be deposited into a dedicated account to be used by the Successor Agency or its authorized agent to fund the completion of the Public Access Improvements.
Council District(s) Affected: 3.
Proposed Actions:
(R-2025-208)
Resolution approving the Agreement Satisfying and Terminating Obligations Under 2004 Transfer Agreement and Amending 2004 City Option, in relation to the museum site at 1100 Kettner Boulevard in downtown San Diego, and authorizing related actions.
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kevin Reisch
Tuesday, October 29, 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, nonagenda 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, October 29, 2024
TUESDAY, OCTOBER 29, 2024 AT 2:00 PM
ROLL CALL
REQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM
MORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION
ADOPTION AGENDA, DISCUSSION ITEMS
ADOPTION AGENDA
Item S503: California Coastal Commission’s Modifications to the Otay Mesa-Nestor Community Plan Amendment and Local Coastal Program Amendment for the Bella Mar Apartments Project Site. (Added 10/24/24) This item will be considered in the afternoon session which is scheduled to begin at 2:00 p.m.
Total Estimated Cost of Proposed Action and Funding Source:
None, all costs associated with this project are recovered from a deposit account funded by the applicant
Council District(s) Affected: 8.
Proposed Actions:
The proposed project is to adopt an amendment to the Otay Mesa-Nestor Community Plan and Local Coastal Program that includes the California Coastal Commission's requested modifications. This action relates to the City Council’s previous approval of: a General Plan Amendment to re-designate a 14.62-acre site located at 408 Hollister Street; Otay Mesa-Nestor Community Plan Amendment; Rezone from Agriculture-Residential (AR-1-2) and Open Space (OF-1-1) to Residential Multiple-Unit (RM-2-5); a Local Coastal Program Amendment; and a San Diego Municipal Code (SDMC) amendment to Chapter 13, Article 2, Division 4 to revise the Coastal Overlay Zone map to re-designate the site from “Coastal Deferred Certification” to “Bella Mar Site – Area Removed from Coastal Deferred Certification" related to the Bella Mar Apartments Project. (R-2025-198)
DISCUSSION, NOTICED HEARINGS:
Tuesday, October 29, 2024
Resolution adopting an amendment to the Otay Mesa-Nestor Community Plan and Local Coastal Program approving modifications by the California Coastal Commission.
Committee Actions Taken: N/A
Development Services: Martin R. Mendez, (619) 446-5309
City Attorney Contact: Lauren Hendrickson
NON-AGENDA ITEMS
ADJOURNMENT IN HONOR OF APPROPRIATE PARTIES
ADJOURNMENT
Tuesday, October 29, 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 Proclamation 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 Proclamation 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 Tuesday, October 29, 2024
than one group on the same side requests an organized presentation, the 15 minutes will be divided between each group for that side. Please contact the Project Manager as listed as the primary contact on the staff report for that item to indicate your desire to present.
Non-Agenda Public Comment
Every agenda for a regular Council meeting shall provide a period on the agenda for members of the public to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. Non-Agenda Public Comment shall be subject to the exercise of the Council President’s discretion for a given agenda.
In order to ensure that the Council has time to consider all agenda items, Non-Agenda Public Comment on particular issues and for each individual speaker will be as follows:
Each speaker will be limited to two minutes. Speakers may not allocate their time to other speakers. If there are eight or more speakers on a single issue, the maximum time for the issue will be 16 minutes. The order of speaking generally will be determined on a first-come, firstserved basis, however, priority may be given to speakers who have not addressed the legislative body during Non-Agenda Public Comment at the last regularly scheduled Council meeting. A member of the public may only provide one non-agenda comment per agenda.
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 no later than 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.
Tuesday, October 29, 2024
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)