San Diego Council Committee Meeting: July 29, 2020 - Infrastructure, Trees, and Liability Audit
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San Diego Council Committee Meeting Summary – July 29, 2020
The Active Transportation and Infrastructure Committee (or similar) met on July 29, 2020, starting at 10 a.m. (Pacific) with members participating via teleconference due to COVID-19. The committee approved minutes, consent items, and discussion items including undergrounding utility contracts, a street tree maintenance contract renewal, policy changes for unimproved streets, and an informational audit on public liability management. All votes were unanimous except noted.
Consent Calendar
- Item 1: Approved second amendment to consultant agreement H146059 with Michael Baker International for design of the 69th and Mohawk Pump Station project.
- Item 2: Approved reimbursement agreement with Carmel Village LP for design and construction of infrastructure project L1 Village Green in Pacific Highlands Ranch.
- Both items approved unanimously (4‑0).
Public Comments & Testimony
- Non‑agenda public comment (Martha Welsh): Criticized the city’s hiring practices, referenced a case involving Bill Horn, and complained about bus stop relocation.
- Item 3 (Undergrounding contracts) – Martha Welsh: Opposed contracting out, arguing the city uses too few employees.
- Item 4 (Tree maintenance) – Martha Welsh: Again criticized lack of city employees and alleged dishonesty.
- Item 5 (Unimproved streets) – Martha Welsh: Supported the proposal, noting District 8 is treated unfairly.
- Item 6 (Liability audit) – Martha Welsh: Asserted the city does not do its job, lacks employees, and alleged illegality.
Discussion Items
Item 3 – Professional Service Agreements for Utilities Undergrounding Program
- Staff presentation (Claudia Barca, Deputy Director): Requested authorization to award two 8‑year, $3 million each, as‑needed electrical engineering service contracts for SDG&E undergrounding. Firms selected: Engineering Partners Inc. (ETI, minority‑owned, 25.5% SLBE) and TSAC Engineering (woman‑owned, 30% SLBE). Work will be rotated; each firm receives no more than one consecutive task order.
- Public comment: One caller opposed contracting out.
- Committee motion and vote: Approved staff recommendation unanimously.
Item 4 – West Coast Arborist Street Tree Maintenance Contract Renewal
- Staff presentation (Patrick Hadley, Interim Deputy Director; Brian Widener, City Forester): The city is a Tree City USA (10th year). Staff recommended a one‑year renewal (first year of existing contract) with options for three additional years, totaling $15.8 million over five years ($12.88 million for the four‑year renewal). In FY2021, 2,800 new street trees are scheduled for planting, and up to 400 street trees may require removal. The contract provides emergency services and supplements city forces.
- Discussion: Councilmember Moreno noted the funding was restored after being proposed for elimination. Vice Chair Ward clarified that future renewals depend on budget approval. Councilmember Kate stressed ongoing advocacy for continued service.
- Vote: Approved unanimously.
Item 5 – Updates to Resolution 107424 and Council Policy 200-01 (Unimproved Streets and Alleys)
- Sponsor (Councilmember Moreno): Introduced changes to allow the city to repair ~40 miles of dirt streets (mostly in District 8). Current policy from 1952 prohibits city work on unimproved streets and places responsibility on abutting property owners. Proposed revisions delete that prohibition and add language making unimproved streets eligible for funding through the annual budget, subject to a finding of public benefit.
- Presentation (Eddie Padilla, Council Rep): Showed photos of flooding, mudslides, and poor conditions. Eight residences on Payne Street and Durant, and seven on Island Avenue/34th Street and South Bancroft/Greeley Avenue affected. The changes would enable uniform level of service and allow the city to prioritize high‑need streets.
- Committee discussion: Councilmember Ward supported further analysis. Councilmember Kate requested legal analysis of liability implications. The city is compiling a map of all 40 miles of unimproved streets (expected within a month).
- Motion: To request that city staff, city attorney, and IBA work with District 8 to conduct financial and legal analysis and return within 45 days. Approved unanimously.
Item 6 – Performance Audit of the City’s Public Liability Management (Informational)
- Presentation (Andy Hanow, Interim Assistant City Auditor; Jeff Teal, Performance Auditor): The city spent ~$220 million on public liability claims closed FY2010‑2018 (avg. $25 million/year). Trip‑and‑fall claims cost >$10 million in FY2016‑2018. Transportation & Stormwater Dept. (TSW) accounted for 81% of claims and 93% of costs. The audit found the city lacked enterprise risk management (ERM) and data‑driven prioritization.
- Key findings: Sidewalk damage in high‑pedestrian areas is nearly 4× more likely to cause a claim than in low‑pedestrian areas. 60% of claims occur in high‑pedestrian areas, but only 38% of sidewalk replacements and 27% of slicing are done there. Larger uplifts (>1.5 inches) cause 55% of claims and average $71,000 vs. $13,000 for smaller uplifts. The city has developed a claims dashboard (ClaimSTAP) and created a chief compliance officer and risk oversight committee. The audit made 9 recommendations; staff agreed to implement all.
- IBA comment (Jillian Cassie): Sidewalk repair backlog exceeds 81,000 locations, estimated cost $94 million; FY2021 budget provides $3.3 million capital funding.
- Committee discussion: Chair Kirsey asked about current prioritization process. TSW Director Chris McFadden noted that current criteria include high pedestrian usage, reported accidents, ADA complaints, but not risk‑based data. The city updated its approved street tree list to avoid aggressive roots that damage sidewalks. Councilmember Ward stressed integrating metrics. Councilmember Moreno requested an update on implementing recommendation #3 (prioritization procedure) by December 2020/January 2021. The item was informational; no vote required.
Key Outcomes
- Consent calendar and all action items approved unanimously (4‑0).
- Undergrounding program: Two contracts awarded to Engineering Partners and TSAC Engineering (each $3 million, 8‑year terms).
- Tree maintenance contract: One‑year renewal with three optional years approved; total authorization of $15.8 million.
- Unimproved streets policy: Committee directed staff, city attorney, and IBA to conduct financial/legal analysis, report back within 45 days.
- Liability audit: No formal action; committee requested an update on sidewalk prioritization procedures by January 2021.
- Next meeting: September 16, 2020 at 2 p.m.
Meeting Transcript
You lose your bells. You are reason to carry on. Good afternoon, everybody. Per executive order 29-20, which suspends certain requirements of the Brown Act. Some some of our council members today will be participating via teleconference, and no members of the public are going to be here in attendance at the meeting in the interest of public health and safety. In addition, this meeting is being televised and live streamed on the city's website, and the committee liaison has made arrangements for the public to comment by phone and electronically. We appreciate the public's cooperation. Those on the teleconference include Vice Chair Ward and Councilmember Kate. Uh each council member will be watching the meeting from the remote location via City TV, and they are live on the teleconference over the committee room where they will be participating in this meeting remotely. Council members present in the committee room are Councilmember Moreno and myself, also present in chambers. We have our IBA representative Jillian Cassie, as well as our committee consultant Justin Garver. On the teleconference line, we also have our mayoral representative Conrad Ware along with City Attorney Representative Tina Ray. The public may call in following the instructions posted on the agenda by calling 619-541-6310 and entering conference ID eight seven seven eight six one pound to be placed in the queue for public comment. You should do this when the item you wish to speak to is introduced. Please do not call in prior to that time. Our committee consultant will announce when the public comment period is open for an item and a slide will go up on City TV. When the phone queue is empty, the public comment period will be closed. This same process will be used for each agendized item. When you're in the queue, you'll be able to hear the meeting and all others that are providing comment. You will know that it is your turn to speak when you hear the system prompt saying your phone has been unmuted. When you hear that prompt, immediately state your name and make your comment. Then hang up. Each speaker will have one minute. Also, please mute the volume on your TV or your computer before you begin to speak. If you call in during a non-comment period, your call will not be taken. Please monitor the meeting and ensure that you are calling at the appropriate time. The public may view the meetings on public television on City TV channel 24 for Cox Communications, as well as Time Warner Cable Spectrum, or Channel 99 for ATT Uverse, or view the meeting online by going to the City Council Committee's homepage at Sandiego.gov and selecting the City TV Live Webcast blue button on the right hand side of the page. A quorum of the committee is now present. We will now dispense with the approval of the committee actions. The actions before us for approval are for the meeting of February 19th, 2020. Do I have a motion to approve? I think we can make a motion. Thank you. We have a council. We have a motion by Ms. Moreno, which I will second. Uh we'll now have each council member register their vote. Uh Vice Chair Ward. Yes. Councilmember Kate. Yes. Councilmember Moreno. Yes. And I will vote yes as well. That passes four to zero. We'll now take up non-agenda public comment. Justin, please proceed. Per temporary rule two point six. Non-agenda public comment is an opportunity for members of the public to comment on items that are not on the agenda but within the subject matter jurisdiction of the council. Each speaker will have one minute.
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