San Diego — 2024-07-02

Item 100: Accept a 55-Acre Land Donation Located in the East Elliott Area of San Diego\n(Assessor’s Parcel Numbers 366-070-31 and 366-070-32), From the Mission Trails\nRegional Park Foundation, Dedicate the Land as Open Space, and Add the Land to\nthe City of San Diego’s Multiple Species Conservation Program (“MSCP”).\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no cost associated with this item.\nCouncil District(s) Affected: 7.\nProposed Actions:\nSubitem-A: (R-2024-652)\nResolution determining that authorizing the Mayor to accept the donation of 55 acres of\nundeveloped real property in the East Elliott area of San Diego from Mission Trails\nRegional Park Foundation, Inc., is categorically exempt from the California\nEnvironmental Quality Act under Title 14 California Code of Regulations sections 15313,\n15317, and 15325.\nSubitem-B: (R-2024-651)\nResolution authorizing the Mayor to accept the donation of 55 acres of undeveloped real\nproperty in the East Elliott area of San Diego from Mission Trails Regional Park\nFoundation, Inc.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on June 13, 2024.\nACTION: Motion by Committee Member Whitburn, second by Committee Member\nMoreno, to recommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.\nEconomic Development: Robyn O'Day, (619) 525-8557\nCity Attorney Contact: Julie Gough Inman

Item 101: Settlement of Rene Andrade v. City of San Diego, San Diego Superior Court No. 37-\n2021-00005881-CU-PO-CTL, Claim No. 25444.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $87,500.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-544)\nResolution authorizing the settlement of Rene Andrade v. City of San Diego, San Diego\nSuperior Court No. 37-2021-00005881-CU-PO-CTL, related to alleged damages from a\ntrip-and-fall accident on a sidewalk near 11712 Scripps Cape Vista Point in the City of\nSan Diego on February 15, 2020. Risk Claim No. 25444.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Heather R. Whitehead, (619) 533-5873

Item 102: Settlement of Daniel McMahon v. City of San Diego, San Diego Superior Court No.\n37-2022-00008104 CU-PO-CTL, Claim No. 28231.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $200,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-545)\nResolution authorizing the settlement of Daniel McMahon v. City of San Diego, San\nDiego Superior Court No. 37-2022-00008104 CU-PO-CTL, related to alleged damages\nfrom a bicycle accident near a manhole cover on Camino Del Sur, in the City of San\nDiego on September 18, 2021. Risk Claim No. 28231.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Heather R. Whitehead, (619) 533-5873

Item 103: Appointment and Reappointment to the Community Forest Advisory Board.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 2, 3.\nProposed Actions:\n(R-2024-639)\nResolution confirming the Mayor's appointment of Leon David Cassel and reappointment\nof Chris Tiffany to the Community Forest Advisory Board for terms ending December 31,\n2026.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 104: Declaring a Continued State of Local Emergency Due to January 22, 2024 Winter\nStorm.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-653 )\nResolution declaring a continued state of local emergency related to the January 22, 2024\nsevere winter storm.\nCommittee Actions Taken: N/A\nOffice of the Mayor: Kohta Zaiser, (619) 236-6330\nCity Attorney Contact: Michelle Garland

Item 30: Chris Adamson Day.

Item 31: Coats’ Disease Awareness Day.

Item 330: Resolution in Support of Sharp Healthcare Workers’ Rights Under the National\nLabor Relations Act.\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:­­ N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-656)\nResolution supporting Sharp Healthcare Workers' Rights Under the National Labor\nRelations Act.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 7: Michael Simonsen, (619) 236-6677\nCity Attorney Contact: Joan F. Dawson

Item 331: Performance Audit of San Diego Housing Commission Property Acquisitions.\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nThis item is informational only.\nCommittee Actions Taken:\nThis item was heard at the Audit Committee meeting on March 13, 2024.\nACTION: Motion by Chair Moreno, second by Committee Member Tabshouri, to\nforward the report to the City Council, and request the Housing Commission to provide\nupdates through the City Auditor's recommendation follow-up process on the alternative\napproach they plan to take on Recommendation 2.2, as outlined in their management\nresponse.\nVOTE: 5-0; Moreno-yea, Whitburn-yea, Halpern-yea, Tabshouri-yea, Maffia-yea.\nOffice of the City Auditor: Joe Picek, (619) 533-3014

Item 332: Declare 0.0009 Acres (40 square feet) of City-owned Real Property on Sorrento\nValley Road, San Diego, CA “Exempt Surplus Land” Pursuant to California\nGovernment Code Section 54221 (f)(1)(B) and (E), and Authorize the Sale of the\nProperty to the Adjacent Property Owner, Velmatt, L.P.\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nProceeds from the sale, net of costs related to the sale, will be deposited in the Capital\nOutlay Misc. Revenue Fund and the associated $10 Independent Consideration will be\ndeposited into the General Fund. The Independent Consideration is payment for the City\nagreeing to enter into the contract itself and is not dependent upon the property actually\nbeing sold.\nCouncil District(s) Affected: 1.\nProposed Actions:\nSubitem-A: (R-2024-654)\nResolution determining that approving City's sale of 40 square feet of real property in the\npublic right-of-way of an unnamed alley within Block 16 of Sorrento Lands and Townsite\noff Sorrento Valley Road is exempt from the California Environmental Quality Act under\nCEQA Guidelines Sections 15312 and 15061(b)(3).\nSubitem-B: (R-2024-655 Cor. Copy) (Rev. 6/26/24)\nResolution declaring 40 square feet of real property in the public right-of-way of an\nunnamed alley within Block 16 of Sorrento Lands and Townsite off Sorrento Valley Road\nis exempt surplus land, approving a purchase and sale agreement for the City's sale of the\nproperty to Velmatt L.P. for $2,800, and authorizing the Chief Financial Officer to accept\nand deposit the independent consideration and the sale proceeds.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on June 13, 2024.\nACTION: Motion by Committee Member Whitburn, second by Committee Member\nMoreno, to recommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.\nDepartment of Real Estate and Airport Management: Marc Frederick, (619) 236-6733\nCity Attorney Contact: Michael Park

Item 333: 10801 Sorrento Valley Road Vacation – Project No. PRJ-0651255.\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNone. All costs related to processing this project are covered by a deposit account\nmaintained by the applicant.\nCouncil District(s) Affected: 1.\nProposed Actions:\nCoastal Development Permit, Site Development Permit, and Public Right-of-Way\nVacation to vacate a 6,518-square-foot unnamed alley located at 10801 Sorrento Valley\nRoad. The 0.15-acre site is in the IL-3-1 Zone and Coastal Overlay Zone (Non-\nAppealable Area 1) within the Torrey Pines Community Plan area.\nSubitem-A: (R-2024-600)\nResolution determining the 10801 Sorrento Valley Road Vacation project is statutorily\nexempt from the California Environmental Quality Act (CEQA) pursuant to Section\n15061(b)(3) (Common Sense) of the CEQA Guidelines.\nSubitem-A: This item is not subject to the Mayor's veto.\nSubitem-B: (R-2024-601)\nResolution approving a Coastal Development Permit (PMT-2370432) and a Site\nDevelopment Permit (PMT-2370433) for the 10801 Sorrento Valley Road vacation\nproject.\nSubitem-B: This item is not subject to the Mayor's veto.\nSubitem-C: (R-2024-602)\nResolution vacating the public right-of-way of an unnamed alley located at 10801\nSorrento Valley Road (PMT-2370476).\nSubitem-C: This item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDevelopment Services: Benjamin Hafertepe, (619) 446-5086\nCity Attorney Contact: Lauren Hendrickson

Item S500: Authorization to Execute a One-Year Extension to an Agreement with\nNEOGOV. (Added 6/26/24)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action is in an amount not to exceed $127,057.56, as indicated in the City service\nagreement with NEOGOV for August 19, 2024, through August 18, 2025. Funds for this\naction will be provided by the Department of Information Technology.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-139)\nIntroduction of an Ordinance authorizing a one-year extension of an employee\nrecruitment and applicant tracking contract with NEOGOV.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget & Government Efficiency Committee meeting on June\n20, 2024.\nACTION: Motion by Committee Member LaCava, second by Committee Member Foster\nIII, to recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-not present.\nPersonnel: Christia Davis, (619) 236-6665\nCity Attorney Contact: Thomas J. Brady

Item S501: Second Amendment to the Sole Source Contract with Agilent Technologies, Inc. to\nProvide Laboratory Instrumentation and Associated Software Packages for Data\nAnalysis and Reporting. (Added 6/26/24)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis amendment increases the not to exceed amount of the original contract by\n$4,876,000 to a total of $7,376,000 over an additional five-year term which expires in\nJuly 2029. Expenditure of funds for goods and services is contingent upon sufficient\nOperating & Maintenance funding being available in each fiscal year. The agreement will\nbe funded by water and wastewater operating & maintenance funds.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-138)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the\nSecond Amendment to the Sole Source Contract with Agilent Technologies, Inc.,\nextending the Contract five years and increasing the amount not to exceed by $4,876,000,\nto provide laboratory instrumentation and associated software packages for data analysis\nand reporting.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on June 20, 2024.\nACTION: Motion by Chair LaCava, second by Committee Member Elo-Rivera, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.\nPublic Utilities: Violet Renick, (619) 668-2710\nCity Attorney Contact: Bonny Hsu

Item S502: Beaumont Avenue Independence Day Parade’s 45th Anniversary Day. (Added\n6/26/24)

Item S503: Debbie Marcotte Day. (Added 6/26/24)

Item S504: Forty-Five (45) Year Ground Lease between the City of San Diego and the County of\nSan Diego for City Owned Property Located 8450 Mira Mesa Boulevard, San Diego,\nCalifornia 92126, Commonly Known as the Mira Mesa Epicentre. (Added 6/27/24)\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no City expenditure being approved with this action.\nCouncil District(s) Affected: 6.\nProposed Actions:\nSubitem-A: (R-2024-630)\nResolution determining that declaring real property located at 8450 Mira Mesa Boulevard,\nSan Diego, California, and commonly known as the Mira Mesa Epicentre, exempt surplus\nland under the Surplus Land Act and approving that certain lease between the County of\nSan Diego and the City of San Diego is categorically exempt from the California\nEnvironmental Quality Act under Title 14 California Code of Regulations section 15301.\nSubitem-B: (R-2024-628)\nResolution declaring the City-owned real property located at 8450 Mira Mesa Boulevard,\nSan Diego, California, and commonly known as the Mira Mesa Epicentre, is exempt\nsurplus land.\nSubitem-C: (R-2024-629)\nResolution approving a lease of the real property located at 8450 Mira Mesa Boulevard,\nSan Diego, California, and commonly known as the Mira Mesa Epicentre, between the\nCity of San Diego and the County of San Diego, making a related finding of public\npurpose, authorizing the Chief Financial Officer to accept and deposit rent, and waiving\nprovisions under Council Policies 700-10 and 300-11.\nCommittee Actions Taken: N/A\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: Andrew J. Alfonso

Item S505: Appointments and Reappointments to the Historical Resources Board. (Added\n6/27/24)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no costs associated with this action.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(R-2024-674)\nResolution confirming the Mayor's appointment of Joy Miller for a term ending March 1,\n2025, and reappointment of Rammy Cortez and Kristi Byers for terms ending March 1,\n2026, to the Historical Resources Board.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman