THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, FEBRUARY 13, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................5 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS ...........................................................................................9 APPROVAL OF COUNCIL MINUTES........................................................................................9 Item 30: San Diego Lunar New Year Week .........................................................................10 Item 31: Engineers Week ..................................................................................................10 Item 32: Dr. Kwane Stewart Day........................................................................................11 Item 33: Year of the Dragon..............................................................................................12 Item 34: Linda Vista Farmers Market Lunar New Year Celebration Day .................................13 Item 50: Authorization of a No-Cost Extension of Contractual Obligations Beyond Five Years in the North University City Fire Station 50 Design-Build Contract K-18-1459-DB2-3 with RABC-ECC ........................................................................................................................................13 Item 51: Award of the As-Needed Engineering Technical Services Agreement with Stantec Consulting Services, Inc for Phase 2 of the Pure Water Program (H2226024) .........................15 Minutes of Tuesday, February 13, 2024 Page 2
Table of Contents (Continued)
Item 52: Award First Amendment to the Agreement with Gannett Fleming, Inc., Extending the Contract Duration and for Additional Professional Design and Construction Support Services, Contract #H187019 Otay 2nd Pipeline Phase 3 Project .........................................................16 Item 53: Amendment to SDMC 73.0202 – State Video Franchise Fees ..................................17 Item 54: Approval of the City of San Diego Project Labor Agreement (PLA) for City-Procured Capital Improvement Projects and Other Projects.................................................................18 Item 100: Authorization to Execute a Contract with Univar Solutions USA Inc. (ITB 10090095- 24-F) to Purchase Caustic Soda (50% Solution) for the City’s Water Treatment Plants and Wastewater Facilities, Public Utilities Department .................................................................19 Item 101: Award a Sole-Source Consultant Agreement (H2426358) with PSOMAS for the Purpose of Providing Design and Construction Consulting Services for Tecolote Canyon Trunk Sewer Improvement and Golf Course Water Connection .......................................................20 Item 102: Authorize the Award and Execution of Slurry Seal Groups 2425 and 2426 to be Funded by Remaining FY24 RMRA Funds.............................................................................22 Item 103: Purchase of Bell 412EPX Fire/Rescue Helicopter...................................................23 Item 104: This item was removed from agenda ..................................................................24 Item 105: Settlement of Isabel Irazoque v. City of San Diego, San Diego Superior Court Case No. 37-2021-00051215-CU-PO-CTL, Claim No. 27246 ...........................................................24 Item 330: Authorization for the Public Facilities Financing Authority of the City of San Diego Lease Revenue Bonds ........................................................................................................25 Item 331: Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Cerro Pueblo Apartments........................................................................................................................26 Item 332: Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Cuatro at City Heights .............................................................................................................................27 Item S500: Settlement of Climate Action Campaign, et al. v. City of San Diego, San Diego Superior Court Case. No 37-2022-00036430-CU-TT-CTL and Coastal Environmental Rights Foundation v. City of San Diego, San Diego Superior Court Case No. 37-2023-00006754-CU-TTCTL, Risk Claim Nos. 30636 & 31798...................................................................................28 Item S501: Appointment to the Civil Service Commission.....................................................29 Item S502: Municipal Code Amendments to Address Concerns with Sidewalk Vending, Commercial Activity and Expressive Activities on Public Property ...........................................30 Minutes of Tuesday, February 13, 2024 Page 3
Table of Contents (Continued)
Item S503: Appointment to the San Diego Unified Port District Board of Commissioners............ ........................................................................................................................................31 REPORT OUT FROM CLOSED SESSION................................................................................32 ADJOURNMENT .................................................................................................................33 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, February 13, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:05 a.m. Councilmember von Wilpert left the meeting at 11:43 a.m. Councilmember Moreno left the meeting at 12:00 p.m. Councilmember Whitburn left the meeting at 12:05 p.m. The meeting was recessed by Council President Elo-Rivera at 12:24 p.m. for the noon recess to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:05 p.m. with Council District 4 vacant. Council President Elo-Rivera recessed the meeting at 2:40 p.m. to convene the Public Facilities Financing Authority meeting and thereafter convened the Housing Authority meeting.
Council President Elo-Rivera reconvened the regular meeting at 4:22 p.m. with Council District 4 vacant. Council President Elo-Rivera recessed the regular meeting at 4:34 p.m. to reconvene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 4:36 p.m. with Council District 4 vacant. Councilmember Moreno and Council President EloRivera left the meeting at 4:37 pm. Council President Pro Tem LaCava recessed the regular meeting at 4:51 p.m. to reconvene the Housing Authority meeting. Council President Pro Tem LaCava reconvened the regular meeting at 4:53 p.m. with Councilmember Moreno, Council President Elo-Rivera, and Council District 4 vacant. The meeting was adjourned by Council President Pro Tem LaCava at 5:43 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Pro Tem Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 vacant
CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
None.
CITY CLERK:
Fuentes (cp/gs)
ROLL CALL
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, February 13, 2024
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council District-vacant
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
U.S. Citizen Concerned about the Integrity of the U.S. Constitution commented on 14th Amendment applied to the 1st Amendment.
COUNCIL ACTION: Start Time: 11:43 AM
PUBLIC COMMENT-2:
Joy Sunyata commented on mental health.
COUNCIL ACTION: Start Time: 11:45 AM
PUBLIC COMMENT-3:
Amit Dhuleshia commented on rodeo.
COUNCIL ACTION: Start Time: 11:47 AM
PUBLIC COMMENT-4:
Samantha Prado commented on rodeo.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, February 13, 2024
COUNCIL ACTION: Start Time: 11:49 AM
PUBLIC COMMENT-5:
Michelle May commented on rodeo.
COUNCIL ACTION: Start Time: 11:51 AM
PUBLIC COMMENT-6:
William Richter commented on rodeo.
COUNCIL ACTION: Start Time: 11:54 AM
PUBLIC COMMENT-7:
Carmen Torres commented on rodeo.
COUNCIL ACTION: Start Time: 11:56 AM
PUBLIC COMMENT-8:
Geno Maurillo commented on rodeo.
COUNCIL ACTION: Start Time: 11:57 AM
PUBLIC COMMENT-9:
Brian Chavez commented on rodeo.
COUNCIL ACTION: Start Time: 11:59 AM
PUBLIC COMMENT-10:
Michele Walther commented on rodeo.
COUNCIL ACTION: Start Time: 12:01 PM
PUBLIC COMMENT-11:
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, February 13, 2024
Michael Brando commented on health.
COUNCIL ACTION: Start Time: 12:02 PM
PUBLIC COMMENT-12:
Jeff Noway commented on incompetency.
COUNCIL ACTION: Start Time: 12:05 PM
PUBLIC COMMENT-13:
Bonnie Anderson commented on problem I’m having.
COUNCIL ACTION: Start Time: 12:07 PM
PUBLIC COMMENT-14 (virtual):
Lori Saldaña commented on violation of Senate Bill 1439.
COUNCIL ACTION: Start Time: 12:09 PM
PUBLIC COMMENT-15 (virtual):
Audra commented on geoengineering.
COUNCIL ACTION: Start Time: 12:11 PM
PUBLIC COMMENT-16 (virtual):
Megan Stuart commented on marijuana and violence.
COUNCIL ACTION: Start Time: 12:14 PM
PUBLIC COMMENT-17 (virtual):
Becky Rapp commented on Randy’s Resolution.
COUNCIL ACTION: Start Time: 12:15 PM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, February 13, 2024
PUBLIC COMMENT-18 (virtual):
Judi Strang commented on cannabis control.
COUNCIL ACTION: Start Time: 12:18 PM
PUBLIC COMMENT-19 (virtual):
Unknown caller commented on the people.
COUNCIL ACTION: Start Time: 12:20 PM
PUBLIC COMMENT-20 (virtual):
Truth commented on President’s Day.
COUNCIL ACTION: Start Time: 12:21 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember Campillo bid farewell to his Director of Policy and Deputy Chief of Staff Justine Murray whose last day with the City is today. He commended Justine for her many contributions to the City of San Diego. Councilmember Campillo mentioned she has been a catalyst for policy in his office, has delivered so much for our constituents, and has been a consummate public servant. He thanked Justine and congratulated her on her new role with the Chamber of Commerce.
COUNCIL ACTION: Start Time: 11:01 AM
SPECIAL ORDERS OF BUSINESS
None.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, February 13, 2024
APPROVAL OF COUNCIL MINUTES
APPROVED
12/12/2023
1/15/2024 Adjourned
1/16/2024 Adjourned
COUNCIL ACTION: Start Time: 10:08 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Vivian Moreno.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 30: San Diego Lunar New Year Week.
MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER LEE, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
APPROVED
Proclaiming February 10 through February 24, 2024, to be “San Diego Lunar New Year Week” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:04 AM
MOTION BY KENT LEE TO APPROVE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, February 13, 2024
Item 31: Engineers Week.
COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:
APPROVED
Proclaiming February 18-24, 2024, to be “Engineers Week” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:04 AM
MOTION BY KENT LEE TO APPROVE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 32: Dr. Kwane Stewart Day.
COUNCIL PRESIDENT PRO TEM LACAVA AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:
APPROVED
Proclaiming February 20, 2024, to be “Dr. Kwane Stewart Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:04 AM
MOTION BY KENT LEE TO APPROVE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, February 13, 2024
NOTE: The following Proclamations were presented in Council Chambers after the conclusion of the 10:00 a.m. session.
Item 33: Year of the Dragon.
Subitem-A: PRESENTED BY MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, AND
COUNCILMEMBER LEE
APPROVED
Proclaiming the year of February 10, 2024, through January 28, 2025, to be the “Year of the Dragon Nam Giáp Thìn” in the City of San Diego.
Subitem-B: PRESENTED BY MAYOR GLORIA, COUNCILMEMBER WHITBURN, AND
COUNCILMEMBER LEE
APPROVED
Proclaiming the year of February 10, 2024, through January 28, 2025, to be the “Year of the Dragon 龍年” in the City of San Diego.
Subitem-C: PRESENTED BY COUNCILMEMBER LEE
APPROVED
Proclaiming the year of February 4, 2024, through February 2, 2025, to be the “Year of the Dragon 辰年” in the City of San Diego.
Subitem-D: PRESENTED BY COUNCILMEMBER LEE
APPROVED
Proclaiming the year of February 10, 2024, through January 28, 2025, to be the “Year of the Dragon 龍年” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:04 AM
MOTION BY KENT LEE TO APPROVE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, February 13, 2024
Vacant: District 4.
NOTE: The following Proclamation was NOT presented in Council Chambers.
Item 34: Linda Vista Farmers Market Lunar New Year Celebration Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
APPROVED
Proclaiming February 15, 2024, to be “Linda Vista Farmers Market Lunar New Year Celebration Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:04 AM
MOTION BY KENT LEE TO APPROVE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 50: Authorization of a No-Cost Extension of Contractual Obligations Beyond Five Years in the North University City Fire Station 50 Design-Build Contract K-18-1459-DB2-3 with RABCECC.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: 6.
Proposed Actions:
(O-2024-68 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 27, 2024 Introduction of an Ordinance authorizing a 24-month extension of the obligations under contract K-18-1459-DB2-3 with RABC-ECC A Joint Venture, to allow for the completion of the habitat restoration under the 60 month Long Term Restoration Maintenance and Monitoring agreement for North University City Fire Station 50.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, February 13, 2024
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 24, 2024.
ACTION: Motion by Committee Member Lee, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, von Wilpert-yea, Lee-yea.
Engineering & Capital Projects: Jason Grani, (619) 533-3794 City Attorney Contact: Christina L. Rae
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO INTRODUCE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 51: Award of the As-Needed Engineering Technical Services Agreement with Stantec Consulting Services, Inc for Phase 2 of the Pure Water Program (H2226024).
Total Estimated Cost of Proposed Action and Funding Source:
The total amount not-to-exceed for this contract is $100,000,000. Funds are, or will be, available in the following funds: Water Utility Operating; Water Utility CIP; Metro Sewer Utility; and Metro Sewer CIP.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-62) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 27, 2024 Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, February 13, 2024
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the As-Needed Technical Services Agreement with Stantec Consulting Services, Inc. for Phase 2 of the Pure Water Program.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on January 18, 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.
Public Utilities: Andrea Demich, (858) 614-5741
City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO INTRODUCE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 52: Award First Amendment to the Agreement with Gannett Fleming, Inc., Extending the Contract Duration and for Additional Professional Design and Construction Support Services, Contract #H187019 Otay 2nd Pipeline Phase 3 Project.
Total Estimated Cost of Proposed Action and Funding Source:
The amendment to Consultant Agreement H187019 is not to exceed $383,456 from the Water Utility CIP.
Council District(s) Affected: Outside of City limits.
Proposed Actions:
(O-2024-64) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 27, 2024 Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, February 13, 2024
Introduction of an Ordinance authorizing Mayor or his designee to execute the first amendment to the consultant agreement (H187019) with Gannett Fleming, Inc. for professional design and construction support services for the Otay 2nd Pipeline Phase 3 project, and taking related actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 24, 2024.
ACTION: Motion by Committee Member Lee, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, von Wilpert-yea, Lee-yea.
Engineering & Capital Projects: Catherine Dungca, (619) 533-3778 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO INTRODUCE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 53: Amendment to SDMC 73.0202 – State Video Franchise Fees.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the staff report.
Council District(s) Affected: Citywide.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, February 13, 2024
Adopt the following Ordinance which was introduced on 1/29/2024, Item S402, (Council voted 8-0, District 4-vacant):
(O-2024-48) ADOPTED AS ORDINANCE O-21763 (New Series)
Ordinance amending Chapter 7, Article 3, Division 2 of the San Diego Municipal Code by amending section 73.0202, to authorize state-franchised cable operators to credit payment of the Street Damage Fee against annual payment of franchise fees to the City.
Committee Actions Taken: N/A
Transportation Department: Benjamin Foxhall, (619) 527-3490 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 54: Approval of the City of San Diego Project Labor Agreement (PLA) for City-Procured Capital Improvement Projects and Other Projects.
Total Estimated Cost of Proposed Action and Funding Source:
The Compliance Office will oversee the City’s PLA program. To provide the necessary resources for PLA oversight and administration the Compliance Office will be requesting additional staffing and consultant resources as part of the FY 2025 budget development process.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 1/30/2024, Item 330, (Council voted 8- 0, District 4-vacant):
(O-2024-56) ADOPTED AS ORDINANCE O-21764 (New Series)
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, February 13, 2024
Ordinance approving the project labor agreement for City-procured Capital Improvement Projects and Other Projects for a seven-year term beginning on July 1, 2024, and related actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Engineering & Capital Projects: James Nagelvoort, (619) 533-5100 City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 100: Authorization to Execute a Contract with Univar Solutions USA Inc. (ITB 10090095- 24-F) to Purchase Caustic Soda (50% Solution) for the City’s Water Treatment Plants and Wastewater Facilities, Public Utilities Department.
Total Estimated Cost of Proposed Action and Funding Source:
Total contract amount not-to-exceed $10,436,788. Funds are, or will be, available in the following funds: Water Utility Operating Fund; Muni Fund; and Metro Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-299) ADOPTED AS RESOLUTION R-315362
Resolution authorizing the mayor, or his designee, to enter into an Agreement with Univar Solutions USA, Inc., in an amount not-to-exceed $10,436,788, to provide caustic soda, related to the operation of water and wastewater treatment plants.
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, February 13, 2024
Committee Actions Taken:
This item was heard at the Environment Committee meeting on January 18, 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.
Public Utilities: Jeff Denham, (619) 527-5411
City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 101: Award a Sole-Source Consultant Agreement (H2426358) with PSOMAS for the Purpose of Providing Design and Construction Consulting Services for Tecolote Canyon Trunk Sewer Improvement and Golf Course Water Connection.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $454,030, of which, $444,949.40 is funded by sewer funds and $9,080.60 is funded by water funds.
Council District(s) Affected: 2, 6, 7.
Proposed Actions:
(R-2024-339) ADOPTED AS RESOLUTION R-315363
Resolution authorizing the award and execution of a sole source consultant agreement (H2426358) with PSOMAS for the purpose of providing design and construction engineering services for the Tecolote Canyon Trunk Sewer Improvements and Golf Course Water Connection project, and taking related actions.
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, February 13, 2024
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on January 24, 2024.
ACTION: Motion by Committee Member Lee, second by Vice Chair LaCava, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; Whitburn-yea, LaCava-yea, von Wilpert-yea, Lee-yea.
Engineering & Capital Projects: Catherine Dungca, (619) 533-3778 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 102: Authorize the Award and Execution of Slurry Seal Groups 2425 and 2426 to be Funded by Remaining FY24 RMRA Funds.
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize the use of $1,100,000 from the TransNet Fund, and $2,900,000 from the Road Maintenance & Rehabilitation Fund, to fund Slurry Seal Group 2425. It will also authorize the use of $4,000,000 from the Road Maintenance & Rehabilitation Fund to fund Slurry Seal Group 2426.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2024-311) ADOPTED AS RESOLUTION R-315364
Resolution determining that approving the award and execution of two contracts for Slurry Seal Groups 2425 and 2426 is exempt from the California Environmental Quality Act under Section 15301(c) of the CEQA Guidelines.
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, February 13, 2024
Subitem-B: (R-2024-312) ADOPTED AS RESOLUTION R-315365
Resolution authorizing the Mayor or designee to award and execute two contracts for Slurry Seal Groups 2425 and 2426 using Road Maintenance and Rehabilitation Account (RMRA) and TransNet funding in an amount not-to-exceed $4 million for each contract.
Committee Actions Taken: N/A
Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 103: Purchase of Bell 412EPX Fire/Rescue Helicopter.
Total Estimated Cost of Proposed Action and Funding Source:
Please see "Fiscal Considerations" in the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-340) ADOPTED AS RESOLUTION R-315366
Resolution authorizing the Mayor, or his designee, to execute an agreement between the City of San Diego and Bell Textron Inc. to purchase one Bell 412EPX fire/rescue helicopter.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on January 17, 2024.
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, February 13, 2024
ACTION: Motion by Chair von Wilpert, second by Vice Chair Campillo, to recommend Council approval of staff's proposed actions.
VOTE: 4-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-yea.
Fire-Rescue: David Gerboth, Assistant Fire Chief, (619) 533-4401 City Attorney Contact: Daniel Orloff
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 104: This item was removed from agenda.
Item 105: Settlement of Isabel Irazoque v. City of San Diego, San Diego Superior Court Case No. 37-2021-00051215-CU-PO-CTL, Claim No. 27246.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $77,500 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-287) ADOPTED AS RESOLUTION R-315367
Resolution authorizing the settlement of Isabel Irazoque v. City of San Diego, San Diego Superior Court Case No. 37-2021-00051215-CU-PO-CTL, related to a claim for personal injuries sustained on April 2, 2021, as a result of a dangerous condition on Carmel Mountain Road.
Claim No. 27246.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, February 13, 2024
Office of the City Attorney: Dave E. Abad, (619) 533-5821 COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 330: Authorization for the Public Facilities Financing Authority of the City of San Diego Lease Revenue Bonds.
Total Estimated Cost of Proposed Action and Funding Source:
Please see "Fiscal Considerations" section of Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-61) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 27, 2024 Introduction of an Ordinance approving the forms and authorizing the execution and delivery of one or more amendments to site lease, amendments to facilities lease, bond purchase agreements and continuing disclosure certificates; consenting to the execution, delivery and performance of one or more supplemental indentures by the Public Facilities Financing Authority of the City of San Diego in connection with the issuance and sale in one or more series of the Authority’s lease revenue bonds and lease revenue refunding bonds; and approving other related documents and actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Department of Finance: Richard Eyre, (619) 236-6899
City Attorney Contact: Marguerite Middaugh
See the Public Facilities Financing Authority Agenda of February13, 2024, for a related item.
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, February 13, 2024
COUNCIL ACTION: Start Time: 2:07 PM
MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 331: Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Cerro Pueblo Apartments.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed funding sources and uses approved by this proposed action are included in the Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.
Council District(s) Affected: 2.
Proposed Actions:
(R-2024-332) ADOPTED AS RESOLUTION R-315371
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for Cerro Pueblo Apartments pursuant to section 147(f) of the Internal Revenue Code of 1986.
Committee Actions Taken: N/A
Housing Commission: Emily Jacobs, (619) 578-7423
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of February 13, 2024, for a companion item.
This is a TEFRA hearing item.
COUNCIL ACTION: Start Time: 4:22 PM
MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, February 13, 2024
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item 332: Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Cuatro at City Heights.
Total Estimated Cost of Proposed Action and Funding Source:
The proposed funding sources and uses approved by this proposed action are included in the Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.
Council District(s) Affected: 9.
Proposed Actions:
(R-2024-331) ADOPTED AS RESOLUTION R-315372
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for Cuatro at City Heights pursuant to section 147(f) of the Internal Revenue Code of 1986.
Committee Actions Taken: N/A
Housing Commission: Emily Jacobs, (619) 578-7423
City Attorney Contact: Marguerite Middaugh
See the Housing Authority Agenda of February 13, 2024, for a companion item.
This is a TEFRA hearing item.
COUNCIL ACTION: Start Time: 4:36 PM
MOTION BY MARNI VON WILPERT TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno, Sean Elo-Rivera;
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, February 13, 2024
Vacant: District 4.
Item S500: Settlement of Climate Action Campaign, et al. v. City of San Diego, San Diego Superior Court Case. No 37-2022-00036430-CU-TT-CTL and Coastal Environmental Rights Foundation v. City of San Diego, San Diego Superior Court Case No. 37-2023-00006754-CU-TTCTL, Risk Claim Nos. 30636 & 31798.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $120,000 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-337) ADOPTED AS RESOLUTION R-315368
Resolution authorizing the settlement of Climate Action Campaign, et al. v. City of San Diego, San Diego Superior Court Case. No. 37-2022-00036430-CU-TT-CTL, challenging the City’s adoption of the 2022 Climate Action Plan Update Package and Coastal Environmental Rights Foundation v. City of San Diego, San Diego Superior Court Case No. 37-2023-00006754-CU-TTCTL, challenging the City’s approval of the Mira Mesa Community Plan update. Claim No’s. 30636 & 31798.
Committee Actions Taken: N/A
Office of the City Attorney: Jana Mickova Will, (619) 533-6430 COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item S501: Appointment to the Civil Service Commission.
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, February 13, 2024
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2.
Proposed Actions:
(R-2024-342) ADOPTED AS RESOLUTION R-315369
Resolution confirming the Mayor's appointment of Trang Pham to the Civil Service Commission for a term ending January 9, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
Item S502: Municipal Code Amendments to Address Concerns with Sidewalk Vending, Commercial Activity and Expressive Activities on Public Property.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(O-2024-73 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 27, 2024 Introduction of an Ordinance amending Chapter 3, Article 6, Division 1 of the San Diego Municipal Code by retitling and amending Section 36.0101, amending Sections 36.0102 and
36.0105, retitling and amending Section 36.0107, amending Sections 36.0108, 36.0110, Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, February 13, 2024
36.0111, and 36.0113, and retitling and amending Section 36.0114; amending Chapter 5, Article 4, Division 1 by amending Sections 54.0105 and 54.0122; amending Chapter 5, Article 7, Division 00 by repealing Sections 57.10 and 57.10.1; amending Chapter 6, Article 3, Division 00 by retitling and amending Section 63.20.20; amending Chapter 6, Article 3, Division 1 by amending Section 63.0102; and amending Chapter 6, Article 3 by adding new Division 5 and new Sections 63.0501, 63.0502, 63.0503, 63.0504, 63.0505, and 63.0506, all relating to sidewalk vending, commercial activity, and expressive activities on public property.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on October 5, 2023.
ACTION: Motion by Chair Campbell, second by Committee Member Whitburn, to recommend Council approval of staff's proposed actions.
VOTE: 2-1; Campbell-yea, Whitburn-yea, Campillo-nay, Elo-Rivera-not present.
Council District 2: Venus Molina, (619) 236-6622
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 4:53 PM
MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo;
Nay: (None);
Recused: (None);
Not Present: Vivian Moreno, Sean Elo-Rivera;
Vacant: District 4.
Item S503: Appointment to the San Diego Unified Port District Board of Commissioners.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2024-354 Cor. Copy 2) ADOPTED AS RESOLUTION R-315370 Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, February 13, 2024
Resolution making a City Council appointment to the San Diego Unified Port District Board of Commissioners for a term ending January 2, 2025.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY KENT LEE TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: (None);
Vacant: District 4.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, February 13, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:43 p.m.
COUNCIL ACTION: Start Time: 5:43 PM