Minutes — San Diego City Council, April 9, 2024

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, APRIL 09, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................7 ATTENDANCE DURING THE MEETING...................................................................................7 ROLL CALL ..........................................................................................................................7 PLEDGE OF ALLEGIANCE......................................................................................................8 NON-AGENDA PUBLIC COMMENT .........................................................................................8 MAYOR, COUNCIL, CITY ATTORNEY,IBA, CITY CLERK COMMENT .........................................10 SPECIAL ORDERS OF BUSINESS .........................................................................................10 APPROVAL OF COUNCIL MINUTES ......................................................................................10 Item 30: Denim Day 2024 .................................................................................................11 Item 31: San Diego Saves Week 2024................................................................................11 Item 32: San Diego Bike Month .........................................................................................12 Item 33: Choul Chnam Thmey Moha Sangkran Day.............................................................12 Item 34: Mt. Soledad National Veterans Memorial 70th Anniversary Day...............................13 Item 35: Child Abuse Prevention Month..............................................................................13 Item 36: Soapy Joe’s Day..................................................................................................14 Item 37: Week of the Young Child .....................................................................................14 Item 38: Letter Carriers’ Stamp Out Hunger® Food Drive Day .............................................15 Item 39: 39th Annual Linda Vista Multi-Cultural Fair & Parade Day .......................................15 Item 40: Janet Kaye Day ...................................................................................................16 Minutes of Tuesday, April 9, 2024 Page 2
Table of Contents (Continued)
Item 50: Sixth Amendment to Cooperative Agreement Contract Between the City of San Diego and Herc Rentals, Inc. for Equipment Rental and Related Products and Services ........................ ........................................................................................................................................17 Item 51: 1st Amendment to the As Needed Agreements with Arcadis U.S., Inc. (H186997), Kleinfelder Construction Services, Inc. (H186998), and WSP USA, Inc. (formerly Louis Berger U.S., Inc.) (H186999).........................................................................................................18 Item 52: Authorization of a Second Amendment to the Toyota Motor Sales and San Diego Toyota Dealers Advertising Association Marketing Agreement................................................19 Item 53: Second Amendment to the As-Needed Engineering Services Agreements with Kleinfelder, Inc. for Contract 3 (H187008) and HDR Engineering, Inc. for Contract 4 (H187009) ........................................................................................................................................21 Item 54: This item was removed........................................................................................22 Item 55: Fifth Amendment to Bentley Systems Contract for Computer-Aided Drafting and Design (CADD) Application Services.....................................................................................22 Item 56: Extension of the Operating Agreement Between the City of San Diego and Civic San Diego to Provide Successor Agency and Housing Successor Services......................................23 Item 57: Third Amendment to Agreement for Engineering Services, Contract #H105180, with Nasland Engineering for the Project Coastal Rail Trail Project Design and Engineering Services25 Item 58: Exemption of One Program Coordinator Position for the Office of the Chief Operating Officer from the Classified Service .......................................................................................26 Item 59: Amendment to Agreement with Dokken Eng for Palm Ave I-805 Project..................27 Item 60: Second Amendment to Agreement for Engineering Services, Contract #H197062, with Rick Engineering Company for the Design of Streamview Drive Improvements Phase II Project ........................................................................................................................................28 Item 61: Award Fourth Amendment to the Consultant Agreement (H115417) with Lee and Ro Inc. for Professional Design and Construction Support Services of Pump Station 2 - Power Reliability & Surge Protection Project...................................................................................29 Item 100: Resolution in Support of Upholding the Prohibitions on New Oil and Gas Wells and Opposing the Referendum on the November 2024 Ballot Which Would Overturn SB 1137 and Urges a Vote to “Keep the Law” ..........................................................................................31 Item 101: Approval of Premises Schedule #3 to Master Energy Services Agreement with Energy Center San Diego LLC to Provide Chilled Water to the Balboa Theater Property Located at 868 Fourth Avenue, in the City of San Diego ....................................................................32 Minutes of Tuesday, April 9, 2024 Page 3
Table of Contents (Continued)
Item 102: Approval of the Elimination of Library Department Juvenile Accounts Referred to Collections and the Creation of a Program to Provide Youth with a One-Time Opportunity to Clear Charges for the Cost of Lost Library Materials..............................................................33 Item 103: Approval of 5-Year Contract with UBM Enterprises, Inc. for Janitorial Services for the Library System...................................................................................................................34 Item 104: Ratification of Contract Spend for Contract Between the City of San Diego and United Site Services of California, Inc. for Full Service Mobile Shower Rental ..........................35 Item 105: Authorization to Execute a Cooperative Procurement Contract with Mansfield Oil for the Supply and Delivery of Fuel and Fuel-Related Services ....................................................36 Item 106: Twenty (20) Year Lease Agreement with The United States of America Federal Aviation Administration (FAA) .............................................................................................37 Item 107: First Amendment to the Lease at 9444 Balboa Avenue, San Diego, CA 92123, Between Balboa Building Owner LLC and the City of San Diego .............................................39 Item 108: Third Amendment to the Citywide Security Service Agreement with Invicta Security CA Corporation dba Allstate Security....................................................................................40 Item 109: Osuna Segment of Coast to Crest Trail Project - San Dieguito River Park Joint Powers Authority License Agreement...................................................................................41 Item 110: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocations from Council District 9 to 3 Nonprofit Organizations......................................................................42 Item 111: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocations from Council District 1 to 4 Nonprofit Organizations......................................................................43 Item 112: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocation(s) from Council District 2 to 5 Nonprofit Organizations......................................................................44 Item 113: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocations from Council District 3 to 8 Nonprofit Organizations......................................................................45 Item 114: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocation(s) from Council District 4 to 2 Nonprofit Organizations......................................................................46 Item 115: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocations from Council District 5 to 5 Nonprofit Organizations......................................................................47 Item 116: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocation(s) from Council District 6 to 8 Nonprofit Organizations......................................................................48 Minutes of Tuesday, April 9, 2024 Page 4
Table of Contents (Continued)
Item 117: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocations from Council District 7 to 14 Nonprofit Organizations....................................................................49 Item 118: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocation(s) from Council District 8 to 9 Nonprofit Organizations......................................................................50 Item 119: Affordable Housing and Sustainable Communities Grant Acceptance and Implementation of Downtown Mobility Plan Improvements ...................................................51 Item 120: Ready, Set, Grow San Diego IRA Urban and Community Forestry Grant Funding in an Amount of $10,000,000 .................................................................................................52 Item 121: Garnet Ave and Logan Ave Series Circuit Conversions HUD EDI CPF Grant Funding in Amounts of $2,000,000 and $1,500,000 ..............................................................................53 Item 122: Appointment to the Board of Library Commissioners ............................................55 Item 123: Appointments and Reappointments to the Community Forest Advisory Board ............ ........................................................................................................................................56 Item 124: Appointment to the Planning Commission............................................................56 Item 330: Consummation of Settlement Agreement by Approval of (1) Encroachment Maintenance and Removal Agreement and (2) Easement Agreement Related to Portion of CityOwned Real Property Located at Third Avenue and Olive Street, San Diego, CA (APN 452-718- 01) with the Owner of the Adjacent Property at 2765 Second Ave, San Diego, CA 92103 (APN 452-718-02), Jennifer J. Hasso-Najm, Trustee of The Najm Family Trust Dated 05-19-97........57 Item 331: Contract Between City of San Diego and Goforth & Marti (dba GM Business Interiors) for Herman Miller System Brand Office Furniture and Related Services...................................58 Item 332: Four-Year, Four-Month Retroactive Standard Space Lease with the Federal Aviation Administration for Approximately 7,736 Square Feet of Office Space at Montgomery-Gibbs Executive Airport, Located at 8525 Gibbs Drive, Suite 120, San Diego, CA 92123, and a Waiver of Requirements in Council Policy 700-10 and Council Policy 300-11.......................................... ........................................................................................................................................60 Item 333: Transportation Department Pavement Management Plan......................................61 Item 334: Performance Audit of the City’s Street Maintenance Program................................61 Item 335: Authorization for the Public Facilities Financing Authority of the City of San Diego Sewer Revenue Bonds........................................................................................................62 Item 336: Appropriation and Expenditure of Water Infrastructure Finance and Innovation Act (WIFIA) Loan and Debt Funded General Fund Capital Improvement Program Funds, and Minutes of Tuesday, April 9, 2024 Page 5
Table of Contents (Continued)
Authorization of Consolidated Budget Adjustments for Stormwater Capital Improvement Program............................................................................................................................63 Item 337: Authorization of the Retention of Hawkins Delafield & Wood LLP as Outside Counsel for Legal Matters Related to the City’s Water Utility Fund......................................................64 Item 338: Authorization of the Retention of Stradling Yocca Carlson & Rauth LLP as Outside Counsel for Legal Matters Related to the City’s General Fund ................................................65 Item 350: Approval of the Final Map “Tierra Alta”................................................................66 Item S500: Jerry Turner Day .............................................................................................67 Item S501: Arden Pala Day................................................................................................67 Item S502: National Public Safety Dispatcher Week.............................................................68 Item S503: 55th Annual Municipal Clerks Week...................................................................68 Item S504: Amendment to the 2024 Standing Council Committee Assignments.....................69 REPORT OUT FROM CLOSED SESSION................................................................................70 ADJOURNMENT .................................................................................................................70 Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, April 9, 2024

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:03 a.m. The meeting was recessed by Council President Elo-Rivera at 11:57 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:03 p.m. with Councilmember Campillo not present. Councilmember Campillo arrived to the meeting at 2:49 p.m. Council President Elo-Rivera recessed the meeting at 3:07 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 3:13 p.m. with all Councilmembers present.

The meeting was adjourned by Council President Elo-Rivera at 5:48 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 Councilmember Henry L. Foster III
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 (km/gs)

ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, April 9, 2024

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Lee.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Joy Sunyata commented on housing.

COUNCIL ACTION: Start Time: 11:36 AM
PUBLIC COMMENT-2:

Jacky Meltzer commented on street vending ordinance.

COUNCIL ACTION: Start Time: 11:39 AM
PUBLIC COMMENT-3:

William J. Dorsett commented on free speech.

COUNCIL ACTION: Start Time: 11:41 AM
PUBLIC COMMENT-4 (virtual):

Blair Beekman commented on security issues, fuel, Ukraine, Israel and Hamas.

COUNCIL ACTION: Start Time: 11:43 AM
PUBLIC COMMENT-5 (virtual):

Becky Rapp commented on drug prevention, mental health crisis and marijuana.

COUNCIL ACTION: Start Time: 11:46 AM
PUBLIC COMMENT-6 (virtual):

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, April 9, 2024
Peggy Walker commented on the marijuana permit process.

COUNCIL ACTION: Start Time: 11:48 AM
PUBLIC COMMENT-7 (virtual):

Megan Stuart commented on marijuana.

COUNCIL ACTION: Start Time: 11:50 AM
PUBLIC COMMENT-8 (virtual):

Kelly McCormick commented on alcohol and drug prevention.

COUNCIL ACTION: Start Time: 11:52 AM
PUBLIC COMMENT-9 (virtual):

Judi Strang commented on national healthy homes month and smoking.

COUNCIL ACTION: Start Time: 11:54 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:

Councilmember von Wilpert commented on “red flag law”. She mentioned an incident in Mississippi, Greenville, where a young man shot his grandparents and a woman visiting and although he had prior gun violence he was able to still purchase a gun since Mississippi does not have gun laws. Councilmember von Wilpert thanked the City attorney for using the “red flag law” in our communities and hopes other states will follow their lead to stop gun violence.

COUNCIL ACTION: Start Time: 10:47 AM

SPECIAL ORDERS OF BUSINESS
None.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, April 9, 2024

APPROVAL OF COUNCIL MINUTES

APPROVED
2/26/2024
2/27/2024
3/4/2024 Adjourned
3/5/2024 Adjourned
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 30: Denim Day 2024.

MAYOR GLORIA, CITY ATTORNEY ELLIOTT, AND COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming April 24, 2024, to be “Denim Day 2024” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, April 9, 2024
Item 31: San Diego Saves Week 2024.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming the week of April 8-12, to be “San Diego Saves Week 2024” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 32: San Diego Bike Month.

COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM LACAVA, COUNCILMEMBER WHITBURN, AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming the month of May 2024, to be “San Diego Bike Month” ,in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 33: Choul Chnam Thmey Moha Sangkran Day.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, April 9, 2024
COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Proclaiming April 21, 2024, to be “Choul Chnam Thmey Moha Songkran Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 34: Mt. Soledad National Veterans Memorial 70th Anniversary Day.

COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming April 18, 2024, to be “Mt. Soledad National Veterans Memorial 70th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 35: Child Abuse Prevention Month.

COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, April 9, 2024

APPROVED
Proclaiming April 2024, to be “Child Abuse Prevention Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 36: Soapy Joe’s Day.

COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Proclaiming April 18, 2024, to be “Soapy Joe’s Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 37: Week of the Young Child.

COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Proclaiming the week of April 6 – 12, 2024, to be “Week of the Young Child” in the City of San Diego.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, April 9, 2024
COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 38: Letter Carriers’ Stamp Out Hunger® Food Drive Day.

COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Proclaiming proclaim May 11, 2024, to be “Letter Carriers’ Stamp Out Hunger® Food Drive Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 39: 39th Annual Linda Vista Multi-Cultural Fair & Parade Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming April 27, 2024, to be “39th Annual Linda Vista Multi-Cultural Fair & Parade Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, April 9, 2024
Passed by the following vote:

Item 40: Janet Kaye Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming April 27, 2024, to be “Janet Kaye Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 50: Sixth Amendment to Cooperative Agreement Contract Between the City of San Diego and Herc Rentals, Inc. for Equipment Rental and Related Products and Services.

Total Estimated Cost of Proposed Action and Funding Source:

This amendment increases the not-to-exceed amount by $14,000,000 to a total of $32,325,000, and extends the term of the contract by two years. Expenditure of the funds is contingent upon the adoption of the Annual Appropriation Ordinance for the applicable fiscal year and sufficient funding being available in each participating department’s budget each fiscal year.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-86 Cor. Copy) INTRODUCED, TO BE ADOPTED MONDAY, APRIL 22, 2024 Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, April 9, 2024
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No.

Six to the Contract with Herc Rentals Inc., extending the Contract for a two-year option through October 31, 2025, and increase the not-to-exceed amount to $32,325,000, in connection with the City's ongoing rental needs.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on March 14, 2024.

ACTION: Motion by Chair Lee, second by Council President Elo-Rivera to recommend Council approval of staff's proposed actions.

VOTE: 2-1; Lee-yea, Elo-Rivera-yea, LaCava-nay, Moreno-not present.

Purchasing & Contracting: Claudia C. Abarca, (619) 236-5921 City Attorney Contact: Mark M. Imada
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: Joe LaCava, Marni von Wilpert;
Recused: (None);
Not Present: (None).

Item 51: 1st Amendment to the As Needed Agreements with Arcadis U.S., Inc. (H186997), Kleinfelder Construction Services, Inc. (H186998), and WSP USA, Inc. (formerly Louis Berger U.S., Inc.) (H186999).

Total Estimated Cost of Proposed Action and Funding Source:

This amendment does not include funding change nor has any cost impacts.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2024-89) INTRODUCED, TO BE ADOPTED MONDAY, APRIL 22, 2024 Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, April 9, 2024
Introduction of an Ordinance authorizing the Mayor, or designee, to execute Amendment No. 1 to Contract No. H186998 with Kleinfelder Construction Services for as-needed construction management services, extending the Contract an additional 24 months at no additional cost to the City to complete eight remaining task orders.

Subitem-A: 6 votes required pursuant to Charter Section 99.

Subitem-B: (O-2024-90) INTRODUCED, TO BE ADOPTED MONDAY, APRIL 22, 2024 Introduction of an Ordinance authorizing the Mayor, or designee, to execute Amendment No. 1 to Contract No. H168999 with WSP USA, Inc. for as-needed construction management services, extending the Contract an additional 10 months at no additional cost to the City to complete seven remaining task orders.

Subitem-B: 6 votes required pursuant to Charter Section 99.

Subitem-C: (O-2024-91) INTRODUCED, TO BE ADOPTED MONDAY, APRIL 22, 2024 Introduction of an Ordinance authorizing the Mayor, or designee, to execute Amendment No. 1 to Contract No. H186997 with Arcadis U.S., Inc. for as-needed construction management services, extending the Contract an additional 19 months at no additional cost to the City to complete eight remaining task orders.

Subitem-C: 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on March 7, 2024.

ACTION: Motion by Committee Member von Wilpert, second Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-yea.

Engineering & Capital Projects: Alex Garcia, (858) 627-3287 City Attorney Contact: Dominic Mark Guglielmo
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, April 9, 2024
Not Present: (None).

Item 52: Authorization of a Second Amendment to the Toyota Motor Sales and San Diego Toyota Dealers Advertising Association Marketing Agreement.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this second amendment to the agreement will result in a total cost of approximately $517,420 over the remainder of the two-year term of the marketing agreement or spanning Fiscal Year 2024 through Fiscal Year 2026. The cost is approximately $592.00/month/per vehicle (38 vehicles) covered by San Diego Fire-Rescue usage fees.: Fees will come from the General Fund
Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-88) INTRODUCED, TO BE ADOPTED MONDAY, APRIL 22, 2024 Introduction of an Ordinance approving the second amendment to marketing partnership agreement with Toyota Motor Sales U.S.A., Inc., and the San Diego County Toyota Dealers Advertising Association.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on March 13, 2024.

ACTION: Motion by Committee Member Campbell, second by Chair Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Campillo-yea, Lee-yea, Campbell-yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, April 9, 2024
Nay: (None);
Recused: (None);
Not Present: (None).

Item 53: Second Amendment to the As-Needed Engineering Services Agreements with Kleinfelder, Inc. for Contract 3 (H187008) and HDR Engineering, Inc. for Contract 4 (H187009).

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this second amendment to the two agreements will increase the cost by $1,210,000 for a total contract amt of $13,710,000 over the 96-mth term of the Kleinfelder (KLF) agreement and will increase the cost by $1,880,000 for a total contract amt of $14,380,000 over the 102-mth term of the HDR agreement. Funds will come from Water Utility Operating and Metro Sewer CIP for the KLF agreement and from Muni Sewer Revenue, Water Utility Operating, Metro Sewer CIP, and Water Utility CIP for the HDR agreement.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2024-97) INTRODUCED, TO BE ADOPTED MONDAY, APRIL 22, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract (No. H187008) with Kleinfelder, Inc., extending the Contract through April 8, 2027, to complete task orders for as-needed engineering services.

Subitem-A: 6 votes required pursuant to Charter Section 99.

Subitem-B: (O-2024-98) INTRODUCED, TO BE ADOPTED TUESDAY, APRIL 22, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract (No. 187009) with HDR Engineering, Inc., extending the Contract through October 27, 2027, to complete task orders for as-needed engineering services.

Subitem-B: 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on March 14, 2024.

ACTION: Motion by Committee Member von Wilpert, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; LaCava-yea, Campbell-yea, von Wilpert-yea.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, April 9, 2024
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 54: This item was removed.

Item 55: Fifth Amendment to Bentley Systems Contract for Computer-Aided Drafting and Design (CADD) Application Services.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this fifth amendment to the agreement will increase the cost by $1,107,594, for a total contract amount of $6,234,907. Funding will come from the Muni Sewer Revenue Fund, Metro Sewer Utility Fund, Water Utility Operating Fund, Refuse Disposal Enterprise Fund, Engineering & Capital Projects Fund, and the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-94) INTRODUCED, TO BE ADOPTED MONDAY, APRIL 22, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Fifth Amendment to the Contract with Bentley Systems, Inc. extending the Contract through June 30, 2025, in connection with the Computer Aided Drafting Design application services. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on March 7, 2024.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, April 9, 2024
ACTION: Motion by Committee Member von Wilpert, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-yea.

Engineering & Capital Projects: Mark Gonzalez, (619) 533-4180 City Attorney Contact: Dana Fairchild
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: Raul A. Campillo;
Recused: (None);
Not Present: (None).

Item 56: Extension of the Operating Agreement Between the City of San Diego and Civic San Diego to Provide Successor Agency and Housing Successor Services.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact to the General Fund. Per the Operating Agreement, Civic San Diego must prepare and submit to the City, for approval, an annual Work Plan and Operating Budget. The maximum compensation under this Agreement shall not exceed $15,000,000 for the additional 5-year term ending August 12, 2029.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 3/12/2024, Item 50 (Council voted 8-0, District 4-vacant):
(O-2024-69) ADOPTED AS ORDINANCE O-21788 (New Series)
Ordinance authorizing Mayor or his designee to execute the First Amendment to the Operating Agreement between the City of San Diego and Civic San Diego which includes the exercise of the option to extend the term and provides for a second five (5)-year option. 6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, April 9, 2024
Committee Actions Taken:

This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on February 7, 2024.

ACTION: Motion by Vice Chair Lee, second by Committee Member Campbell, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Campillo-yea, Lee-yea, Campbell-yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Michael Park
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JENNIFER CAMPBELL TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 57: Third Amendment to Agreement for Engineering Services, Contract #H105180, with Nasland Engineering for the Project Coastal Rail Trail Project Design and Engineering Services.

Total Estimated Cost of Proposed Action and Funding Source:

This proposed Third Amendment to Agreement to expend an amount not-to-exceed $407,490, in CIP S-00951, Coastal Rail Trail, Fund 400169, Transnet Extension 70% CAP, for the purpose of executing this amendment to Agreement.

Council District(s) Affected: 1.

Proposed Actions:

Adopt the following Ordinance which was introduced on 3/12/2024, Item 51 (Council voted 8-0, District 4-vacant):
(O-2024-79) ADOPTED AS ORDINANCE O-21789 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 3 to the Contract with Nasland Engineering, for additional professional services in an amount not-to-exceed Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, April 9, 2024
$407,490, and extend the term of the Agreement an additional 48 months, in connection with the Coastal Rail Trail 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 February 21, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-not present.

Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JENNIFER CAMPBELL TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 58: Exemption of One Program Coordinator Position for the Office of the Chief Operating Officer from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The position was part of the 2024 adopted budget and as such should have no unforeseen impacts.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 3/12/2024, Item 52 (Council voted 8-0, District 4-vacant):

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, April 9, 2024
(O-2024-82) ADOPTED AS ORDINANCE O-21790 (New Series)
Ordinance authorizing the exemption of a Program Coordinator position in the Office of the Chief Operating Officer from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on February 1, 2024. This position will be responsible for overseeing the City of San Diego's Executive Team administrative functions. This Action is brought under San Diego Charter section 117(a)(17).

Committee Actions Taken: N/A
Office of the Chief Operating Officer: Eric K. Dargan, (619) 533-3628 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JENNIFER CAMPBELL TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 59: Amendment to Agreement with Dokken Eng for Palm Ave I-805 Project.

Total Estimated Cost of Proposed Action and Funding Source:

This first amendment will increase the consultant contract by $849,301.00 and will be funded by the Otay Mesa FBA.

Council District(s) Affected: 8.

Proposed Actions:

Adopt the following Ordinance which was introduced on 3/12/2024, Item 53 (Council voted 8-0, District 4-vacant):
(O-2024-78) ADOPTED AS ORDINANCE O-21791 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Dokken Engineering, for additional professional services in an amount not-to-exceed $849,301, and extend the term of the Agreement an additional 24 months, in connection with the Palm Avenue and Interstate 805 Interchange project.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, April 9, 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 February 21, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-not present.

Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JENNIFER CAMPBELL TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 60: Second Amendment to Agreement for Engineering Services, Contract #H197062, with Rick Engineering Company for the Design of Streamview Drive Improvements Phase II Project.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost for this Second Amendment is $749,640.00, increasing the total contract value to $2,637,343. Please refer to the Fiscal Considerations section of the Staff Report for fund sources.

Council District(s) Affected: 4, 9.

Proposed Actions:

Adopt the following Ordinance which was introduced on 3/12/2024, Item 54 (Council voted 8-0, District 4-vacant):
(O-2024-80) ADOPTED AS ORDINANCE O-21792 (New Series)
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, April 9, 2024
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with Rick Engineering Company, for additional professional services in an amount not-to-exceed $749,640, and extend the term of the Agreement an additional 12 months, in connection with the Streamview Drive Phase 2 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 February 21, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-not present.

Engineering & Capital Projects: George Ghossain, (619) 533-4379 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JENNIFER CAMPBELL TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 61: Award Fourth Amendment to the Consultant Agreement (H115417) with Lee and Ro Inc. for Professional Design and Construction Support Services of Pump Station 2 - Power Reliability & Surge Protection Project.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this Fourth Amendment to the Agreement with Lee and Ro, Inc., to increase the contract in an amount not-to-exceed $350,000.00 and to extend the contract time from February 20, 2025 to December 31, 2025. Funds will come from the Capital Improvements Program.

Council District(s) Affected: 2.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, April 9, 2024
Proposed Actions:

Adopt the following Ordinance which was introduced on 3/12/2024, Item 64, Subitem-B (Council voted 8-0, District 4-vacant):
(O-2024-81) ADOPTED AS ORDINANCE O-21793 (New Series)
Ordinance authorizing a fourth amendment to the agreement (H115417) with Lee and Ro Inc. for the Pump Station 2 Power Reliability & Surge Protection 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 February 21, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-not present.

Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:06 AM

CONSENT MOTION BY JENNIFER CAMPBELL TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 100: Resolution in Support of Upholding the Prohibitions on New Oil and Gas Wells and Opposing the Referendum on the November 2024 Ballot Which Would Overturn SB 1137 and Urges a Vote to “Keep the Law”.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, April 9, 2024
Proposed Actions:
(R-2024-425) ADOPTED AS RESOLUTION R-315454
Resolution in support of upholding the prohibitions on new oil and gas wells and opposing the referendum which would overturn SB 1137.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on February 15, 2024.

ACTION: Motion by Chair LaCava , 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.

Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: William Smith
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 101: Approval of Premises Schedule #3 to Master Energy Services Agreement with Energy Center San Diego LLC to Provide Chilled Water to the Balboa Theater Property Located at 868 Fourth Avenue, in the City of San Diego.

Total Estimated Cost of Proposed Action and Funding Source:

Based on historical and projected data, the costs associated with Premises Schedule #3 for the provision of chilled water services to the Balboa Theatre are estimated to be $2,600,000 over the initial approximately fifteen (15) year term, approximately $1,400,000 over the first five-year extension option, and approximately $1,800,000 over the second five-year extension option.

Council District(s) Affected: 3.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, April 9, 2024
(R-2024-419) ADOPTED AS RESOLUTION R-315455
Resolution approving a 15-year premises schedule under a previously approved Master Agreement with Energy Center San Diego LLC to provide chilled water to the Balboa Theatre located at 868 Fourth Avenue in San Diego.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on March 13, 2024.

ACTION: Motion by Chair Campillo, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Campillo-yea, Lee-yea, Campbell-yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 102: Approval of the Elimination of Library Department Juvenile Accounts Referred to Collections and the Creation of a Program to Provide Youth with a One-Time Opportunity to Clear Charges for the Cost of Lost Library Materials.

Total Estimated Cost of Proposed Action and Funding Source:

The City Treasurer would waive approximately $70,000 in Collections fees associated with these accounts. There is $175,500 in lost fees associated with these accounts and the Library Department would work with juveniles to bring these accounts back into good standing.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, April 9, 2024
(R-2024-399) ADOPTED AS RESOLUTION R-315456
Resolution authorizing the Library Director to discontinue referrals of juvenile library accounts to City Treasurer Collections and to create a program to provide youth with a one-time opportunity to clear charges for lost library materials, contingent upon funds being made available to the City from the San Diego Public Library Foundation to cover the costs of these charges.

Committee Actions Taken:

This item was heard at the Community and Neighborhood Services Committee meeting on March 21, 2024.

ACTION: Motion by Committee Member Campillo, second by Chair Campbell, to recommend Council approval of staff’s proposed actions.

VOTE: 2-0; Campbell-yea, Campillo-yea, von Wilpert-not present.

Library: Misty Jones, (619) 236-5870
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 103: Approval of 5-Year Contract with UBM Enterprises, Inc. for Janitorial Services for the Library System.

Total Estimated Cost of Proposed Action and Funding Source:

The total amount not-to-exceed is $9,157,069.55 for the five (5) year contractual term which will be coming out of the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-341) ADOPTED AS RESOLUTION R-315457
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, April 9, 2024
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with UBM Enterprises, Inc. in an amount not-to-exceed $9,157,069.55, to provide janitorial services to the City of San Diego Library system.

Committee Actions Taken:

This item was heard at the Community and Neighborhood Services Committee meeting on March 21, 2024.

ACTION: Motion by Committee Member Campillo, second by Chair Campbell, to recommend Council approval of staff’s proposed actions.

VOTE: 2-0; Campbell-yea, Campillo-yea, von Wilpert-not present.

Library: Raul Gudino, (619) 236-5889
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 104: Ratification of Contract Spend for Contract Between the City of San Diego and United Site Services of California, Inc. for Full Service Mobile Shower Rental.

Total Estimated Cost of Proposed Action and Funding Source:

The ratification for spend is in the amount of $4,201,871.30; funding sources include the Homeless Solutions and Strategies Department approved budget and Coronavirus Aid, Relief, and Economic Security (CARES) fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-421 Cor. Copy) ADOPTED AS RESOLUTION R-315458
Resolution ratifying excess spending, including emergency spending, on a contract with United Site Services of California, Inc. in the amount of $4,201,871.30, for a total of $7,201,871.30, for Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, April 9, 2024
full service mobile shower rentals in response to urgent City needs including the COVID-19 response and Operation Shelter to Home.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on March 14, 2024.

ACTION: Motion by Chair Lee, second by Council President Elo-Rivera, to recommend Council approval of staff’s proposed actions.

VOTE: 2-1; Lee-yea, Elo-Rivera-yea, LaCava-nay, Moreno-not present.

Purchasing & Contracting: Claudia C. Abarca, (619) 236-5921 City Attorney Contact: Mark M. Imada
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: Joe LaCava;
Recused: (None);
Not Present: (None).

Item 105: Authorization to Execute a Cooperative Procurement Contract with Mansfield Oil for the Supply and Delivery of Fuel and Fuel-Related Services.

Total Estimated Cost of Proposed Action and Funding Source:

Total cost of this Cooperative Contract is not-to-exceed $88M for a term extending through February 10, 2025, with up to three (3) additional one (1) year option extensions. Funding is or will be available from the Fleet Operations Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-452) ADOPTED AS RESOLUTION R-315459
Resolution authorizing the Mayor, or his designee, to enter into a cooperative procurement agreement with Mansfield Oil Company of Gainesville, Inc., via a Sourcewell agency agreement, Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, April 9, 2024
in an amount not-to-exceed $88,000,000, to provide fuel and fuel-related services to address the City's need throughout the City.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on March 14, 2024.

ACTION: Motion by Council President Elo-Rivera, second by Council President Pro Tem LaCava, to recommend Council approval of staff’s proposed actions.

VOTE: 3-0; Lee-yea, LaCava-yea, Elo-Rivera-yea, Moreno-not present.

Department of General Services: Oscar Garcia, (619) 236-6037 City Attorney Contact: Mark M. Imada
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 106: Twenty (20) Year Lease Agreement with The United States of America Federal Aviation Administration (FAA).

Total Estimated Cost of Proposed Action and Funding Source:

There is no City expenditure being approved with this action.

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2024-436) ADOPTED AS RESOLUTION R-315460
Resolution determining that approval of a twenty-year lease with the Federal Aviation Administration for an approximately 1.956-acre man-made island located in Mission Bay is categorically exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301.

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, April 9, 2024
Subitem-B: (R-2024-435) ADOPTED AS RESOLUTION R-315461
Resolution authorizing a twenty-year lease with the Federal Aviation Administration for an approximately 1.956-acre man-made island located in Mission Bay; waiving the application of Council Policy 700-10 with respect to the payment of fair market rent; and waiving the application of Council Policy 900-03.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on March 21, 2024.

ACTION: Motion by Council President Pro Tem LaCava, second by Committee Member Moreno, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; LaCava-yea, Whitburn-yea, Lee-yea, Moreno-yea.

Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421 City Attorney Contact: Brian Byun
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 107: First Amendment to the Lease at 9444 Balboa Avenue, San Diego, CA 92123, Between Balboa Building Owner LLC and the City of San Diego.

Total Estimated Cost of Proposed Action and Funding Source:

Based on an estimated Commencement date of June 1, 2024, the fiscal impact for Fiscal Year 2024 is estimated to be $4,902.90 for the first month’s rent of the expansion space.

Council District(s) Affected: 6.

Proposed Actions:

Subitem-A: (R-2024-428) ADOPTED AS RESOLUTION R-315462
Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, April 9, 2024
Resolution determining that approval of that certain First Amendment to Office Lease between Balboa Building Owner LLC and the City of San Diego related to office space at 9444 Balboa Avenue is categorically exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15301.

Subitem-B: (R-2024-429) ADOPTED AS RESOLUTION R-315463
Resolution approving that certain First Amendment to Office Lease between Balboa Building Owner LLC and the City of San Diego related to office space at 9444 Balboa Avenue.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on March 21, 2024.

ACTION: Motion by Council President Pro Tem LaCava, second by Committee Member Moreno, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; LaCava-yea, Whitburn-yea, Lee-yea, Moreno-yea.

Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421 City Attorney Contact: Julie Gough Inman
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 108: Third Amendment to the Citywide Security Service Agreement with Invicta Security CA Corporation dba Allstate Security.

Total Estimated Cost of Proposed Action and Funding Source:

This action increases expenditure authority by $4M to $32,910,721 total over the contract term; impacts operational funds in the General Fund for the Public Library, Parks & Recreation, Facilities, & Office of the City Treasurer Departments, as well as departments that may require security services related to homelessness initiatives. Department security expenditures will be contingent upon ongoing security needs and available budget will be approved as part of the annual appropriations process.

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, April 9, 2024
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-422 Cor. Copy) ADOPTED AS RESOLUTION R-315464
Resolution authorizing the Mayor, or his designee, to execute the Third Amendment to the Agreement with Invicta Security CA Corporation dba Allstate Security for additional security services in an amount not-to-exceed $32,910,721 over the full term of the contract, and extend the term of the Agreement an in connection with the security needs of the City.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on March 14, 2024.

ACTION: Motion by Committee Chair Lee, second by Council President Elo-Rivera, to recommend Council approval of staff's proposed actions.

VOTE: 3-0; Lee-yea, Elo-Rivera-yea, LaCava-yea, Moreno-not present.

Passed by the following vote:

Item 109: Osuna Segment of Coast to Crest Trail Project - San Dieguito River Park Joint Powers Authority License Agreement.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: 1.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, April 9, 2024
(R-2024-420) ADOPTED AS RESOLUTION R-315465
Resolution authorizing execution of a 25-year license agreement, including recurring 10-year options to extend the term, with the San Dieguito River Park Joint Powers Authority for the Osuna Segment of the Coast to Crest Trail in the Fairbanks Ranch Community.

Committee Actions Taken:

This item was heard at Land Use and Housing Committee meeting on March 21, 2024.

ACTION: Motion by Council President Pro Tem LaCava, second by Committee Member Moreno, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; LaCava-yea, Whitburn-yea, Lee-yea, Moreno-yea.

Passed by the following vote:

Item 110: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocations from Council District 9 to 3 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Arts, Culture and Community Festivals (ACCF) funding allocations with Discretionary Transient Occupancy Tax [TOT] for all nine Council Districts total $15,000.00. Of those previously budgeted funds, this item allocates $12,500.00 of Council District 9’s ACCF funds to various nonprofit organizations pursuant to Council Policy 100-23.

Council District(s) Affected: 9.

Proposed Actions:
(R-2024-444) ADOPTED AS RESOLUTION R-315466
Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, April 9, 2024
Resolution approving Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 9 to three nonprofit organizations in the aggregate amount of $12,500.00.

Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 111: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocations from Council District 1 to 4 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Arts, Culture and Community Festivals (ACCF) funding allocations with Discretionary Transient Occupancy Tax [TOT] for all nine Council Districts total $27,500.00. Of those previously budgeted funds, this item allocates $15,000.00 of Council District 1’s ACCF funds to various nonprofit organizations pursuant to Council Policy 100-23.

Council District(s) Affected: 1.

Proposed Actions:
(R-2024-453) ADOPTED AS RESOLUTION R-315467
Resolution approving Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 1 to four nonprofit organizations in the aggregate amount of $15,000.00.

Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, April 9, 2024
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 112: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocation(s) from Council District 2 to 5 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Arts, Culture and Community Festivals (ACCF) funding allocations with Discretionary Transient Occupancy Tax [TOT] for all nine Council Districts total $63,000. Of those previously budgeted funds, this item allocates $24,000 of Council District 2’s ACCF funds to various nonprofit organizations pursuant to Council Policy 100-23.

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2024-463) ADOPTED AS RESOLUTION R-315468
Resolution determining that the approval of Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 2 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301.

Subitem-B: (R-2024-462) ADOPTED AS RESOLUTION R-315469
Resolution approving Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 2 to five nonprofit organizations in the aggregate amount of $24,000.00.

Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, April 9, 2024
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 113: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocations from Council District 3 to 8 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Arts, Culture and Community Festivals (ACCF) funding allocations with Discretionary Transient Occupancy Tax [TOT] for all nine Council Districts total $43,000.00. Of those previously budgeted funds, this item allocates $25,000.00 of Council District 3’s ACCF funds to various nonprofit organizations pursuant to Council Policy 100-23.

Council District(s) Affected: 3.

Proposed Actions:
(R-2024-455) ADOPTED AS RESOLUTION R-315470
Resolution approving Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 3 to eight nonprofit organizations in the aggregate amount of $25,000.00.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, April 9, 2024
Not Present: (None).

Item 114: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocation(s) from Council District 4 to 2 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Arts, Culture and Community Festivals (ACCF) funding allocations with Discretionary Transient Occupancy Tax [TOT] for all nine Council Districts total $24,000. Of those previously budgeted funds, this item allocates $10,000 of Council District 4’s ACCF funds to various nonprofit organizations pursuant to Council Policy 100-23 Council District(s) Affected: 4.

Proposed Actions:
(R-2024-446) ADOPTED AS RESOLUTION R-315471
Resolution approving Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 4 to two nonprofit organizations in the aggregate amount of $10,000.

Committee Actions Taken: N/A
Council Administration: Abigail Edwrads, (619) 236-5918 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 115: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocations from Council District 5 to 5 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, April 9, 2024
Previously budgeted Fiscal Year 2024 Arts, Culture and Community Festivals (ACCF) funding allocations with Discretionary Transient Occupancy Tax [TOT] for all nine Council Districts total $37,000.00. Of those previously budgeted funds, this item allocates $11,000.00 of Council District 5’s ACCF funds to various nonprofit organizations pursuant to Council Policy 100-23.

Council District(s) Affected: 5.

Proposed Actions:
(R-2024-454) ADOPTED AS RESOLUTION R-315472
Resolution approving Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 5 to five nonprofit organizations in the aggregate amount of $11,000.00.

Passed by the following vote:

Item 116: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocation(s) from Council District 6 to 8 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Arts, Culture and Community Festivals (ACCF) funding allocations with Discretionary Transient Occupancy Tax [TOT] for all nine Council Districts total $59,750. Of those previously budgeted funds, this item allocates $26,500 of Council District 6’s ACCF funds to various nonprofit organizations pursuant to Council Policy 100-23.

Council District(s) Affected: 6.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, April 9, 2024
Subitem-A: (R-2024-461) ADOPTED AS RESOLUTION R-315473
Resolution determining that the approval of Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 6 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301.

Subitem-B: (R-2024-460) ADOPTED AS RESOLUTION R-315474
Resolution approving Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 6 to eight nonprofit organizations in the aggregate amount of $26,500.00.

Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 117: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocations from Council District 7 to 14 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Arts, Culture and Community Festivals (ACCF) funding allocations with Discretionary Transient Occupancy Tax [TOT] for all nine Council Districts total $117,850.00. Of those previously budgeted funds, this item allocates $39,850.00 of Council District 7’s ACCF funds to various nonprofit organizations pursuant to Council Policy 100-23.

Council District(s) Affected: 7.

Proposed Actions:

Subitem-A: (R-2024-465) ADOPTED AS RESOLUTION R-315475
Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, April 9, 2024
Resolution determining that the approval of Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 7 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301.

Subitem-B: (R-2024-464) ADOPTED AS RESOLUTION R-315476
Resolution approving Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 7 to 14 nonprofit organizations in the aggregate amount of $39,850.00.

Passed by the following vote:

Item 118: FY 2024 Arts, Culture and Community Festivals (ACCF) Funding Allocation(s) from Council District 8 to 9 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Arts, Culture and Community Festivals (ACCF) funding allocations with Discretionary Transient Occupancy Tax [TOT] for all nine Council Districts total $98,000. Of those previously budgeted funds, this item allocates $50,000 of Council District 8’s ACCF funds to various nonprofit organizations pursuant to Council Policy 100-23.

Council District(s) Affected: 8.

Proposed Actions:
(R-2024-445) ADOPTED AS RESOLUTION R-315477
Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, April 9, 2024
Resolution approving Fiscal Year 2024 Arts, Culture, and Community Festivals (ACCF) funding allocations, pursuant to Council Policy 100-23, recommended by Council District 8 to nine nonprofit organizations in the aggregate amount of $50,000.00.

Passed by the following vote:

Item 119: Affordable Housing and Sustainable Communities Grant Acceptance and Implementation of Downtown Mobility Plan Improvements.

Total Estimated Cost of Proposed Action and Funding Source:

The total grant award amount is $6,300,000.00 (State). Please see the Fiscal Considerations section of the Staff Report for allocations.

Council District(s) Affected: 3.

Proposed Actions:
(R-2024-440) ADOPTED AS RESOLUTION R-315478
Resolution authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Capital Improvements Project Budget, and to accept, appropriate and expend Affordable Housing and Sustainable Communities Grant Funding in an amount not-to-exceed $6,300,000 for Downtown Mobility Plan transportation improvements.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on March 7, 2024.

Minutes of the Council of the City of San Diego Page 45 for the Regular Meeting of Tuesday, April 9, 2024
ACTION: Motion by Chair Whitburn, second by Committee member Lee, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-yea.

Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 120: Ready, Set, Grow San Diego IRA Urban and Community Forestry Grant Funding in an Amount of $10,000,000.

Total Estimated Cost of Proposed Action and Funding Source:

This action is for acceptance of grant funding from the USDA Forest Service Urban and Community Forestry Program in an amount of $10,000,000. This grant does not require a local match.

Council District(s) Affected: 4, 7, 8, 9.

Proposed Actions:
(R-2024-451) ADOPTED AS RESOLUTION R-315479
Resolution authorizing the Mayor, or his designee, to make an application to the U.S.

Department of Agriculture Forest Service, and to accept, appropriate, and expend an amount not-to-exceed $10,000,000 in Inflation Reduction Act Urban and Community Forestry grant funding for the Ready, Set, Grow San Diego project and related actions.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on March 14, 2024.

ACTION: Motion by Committee Member von Wilpert, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions.

Minutes of the Council of the City of San Diego Page 46 for the Regular Meeting of Tuesday, April 9, 2024
VOTE: 3-0; LaCava-yea, Campbell-yea, von Wilpert-yea.

Transportation Department: Chelsea Klaseus, (858) 541-4325 City Attorney Contact: Dominic Mark Guglielmo
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 121: Garnet Ave and Logan Ave Series Circuit Conversions HUD EDI CPF Grant Funding in Amounts of $2,000,000 and $1,500,000.

Total Estimated Cost of Proposed Action and Funding Source:

HUD Community Project Funding Grant Awards for Garnet Ave Series in an amount of $2,000,000 and Logan Ave Series in an amount of $1,500,000 within fund 600000, Grant Fund Federal. These grant awards do not require a local match.

Council District(s) Affected: 2, 8.

Proposed Actions:
(R-2024-443) ADOPTED AS RESOLUTION R-315480
Resolution authorizing the Mayor, or designee, to make applications to U.S. Department of Housing and Urban Development and take all necessary actions to secure funding in an amount not-to-exceed $1,500,000 in Fund CIP A-IH.00002, Street Light Circuit Upgrades (B-24122) to support design and construction for the Logan Ave Series Circuit Conversion project; and Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Budget, and to accept, appropriate and expend an amount not-to-exceed $1,500,000, for the purpose of design and construction for the Logan Ave Series Circuit Conversion project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and Authorizing the Mayor, or designee, to make applications to U.S. Department of Housing and Urban Development and take all necessary actions to secure funding in an amount not-to- Minutes of the Council of the City of San Diego Page 47 for the Regular Meeting of Tuesday, April 9, 2024
exceed $2,000,000 in CIP A-IH.00002, Street Light Circuit Upgrades (B-24123) to support design and construction for the Garnet Ave Series Circuit Conversion project; and Authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Budget, and to accept, appropriate and expend an amount not-to-exceed $2,000,000, for the purpose of design and construction for the Logan Ave Series Circuit Conversion project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on March 7, 2024.

ACTION: Motion by Committee Member von Wilpert, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.

VOTE: 4-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-yea.

Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Dominic Mark Guglielmo
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 122: Appointment to the Board of Library Commissioners.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 3.

Proposed Actions:
(R-2024-414) ADOPTED AS RESOLUTION R-315481
Minutes of the Council of the City of San Diego Page 48 for the Regular Meeting of Tuesday, April 9, 2024
Resolution confirming the Mayor's appointment of Dr. Scott Walter to the Board of Library Commissioners for a term ending March 1, 2026.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 123: Appointments and Reappointments to the Community Forest Advisory Board.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2, 4, 6, 8.

Proposed Actions:
(R-2024-415) ADOPTED AS RESOLUTION R-315482
Resolution confirming the Mayor's appointments of Frank Buncom and Alyssa Way, for terms ending December 31, 2025, and reappointments of Morgan Justice Black and Vicki Young, for terms ending December 31, 2026, to the Community Forest Advisory Board.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 49 for the Regular Meeting of Tuesday, April 9, 2024
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 124: Appointment to the Planning Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 9.

Proposed Actions:
(R-2024-439 Cor. Copy) ADOPTED AS RESOLUTION R-315483
Resolution confirming the Mayor's appointment of Jimmy Ayala to the Planning Commission for a term ending January 28, 2028.

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: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 330: Consummation of Settlement Agreement by Approval of (1) Encroachment Maintenance and Removal Agreement and (2) Easement Agreement Related to Portion of CityOwned Real Property Located at Third Avenue and Olive Street, San Diego, CA (APN 452-718-01) with the Owner of the Adjacent Property at 2765 Second Ave, San Diego, CA 92103 (APN 452- 718-02), Jennifer J. Hasso-Najm, Trustee of The Najm Family Trust Dated 05-19-97.

Minutes of the Council of the City of San Diego Page 50 for the Regular Meeting of Tuesday, April 9, 2024
Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2024-423) ADOPTED AS RESOLUTION R-315485
Resolution determining that City's approval of (1) an Encroachment Maintenance and Removal Agreement and (2) an Easement Agreement, both related to a portion of City-owned real property located at Third Avenue and Olive Street (APN 452-718-01) with the owner of the adjacent property at 2765 Second Avenue (APN 452-718-02), Jennifer J. Hasso-Najm, Trustee of the Najm Family Trust Dated 05-19-97, is categorically exempt from the California Environmental Quality Act under CEQA Guidelines Sections 15301 and 15305.

Subitem-B: (R-2024-424) ADOPTED AS RESOLUTION R-315486
Resolution approving (1) an Encroachment Maintenance and Removal Agreement and (2) an Easement Agreement, both related to a portion of City-owned real property located at Third Avenue and Olive Street (APN 452-718-01) with the owner of the adjacent property at 2765 Second Avenue (APN 452-718-02), Jennifer J. Hasso-Najm, Trustee of the Najm Family Trust Dated 05-19-97.

Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Marc Frederick, (619) 236-6733 City Attorney Contact: Brian Byun
COUNCIL ACTION: Start Time: 11:15 AM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 331: Contract Between City of San Diego and Goforth & Marti (dba GM Business Interiors) for Herman Miller System Brand Office Furniture and Related Services.

Minutes of the Council of the City of San Diego Page 51 for the Regular Meeting of Tuesday, April 9, 2024
Total Estimated Cost of Proposed Action and Funding Source:

This action seeks expenditure authority not-to-exceed $12.5 million over the five-year term of the As-Needed agreement. Task orders for these agreements are contingent upon the adoption of the Annual Appropriation Ordinance for the applicable fiscal year within each participating City department 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.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-434) ADOPTED AS RESOLUTION R-315487
Resolution authorizing an Agreement with GoForth & Marti (DBA GM Business Interiors) for asneeded modular office furniture and related services, in an amount not-to-exceed $12.5 million over 5 years and related funding actions.

Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421 City Attorney Contact: Brian Byun
COUNCIL ACTION: Start Time: 11:18 AM
MOTION BY KENT LEE TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 332: Four-Year, Four-Month Retroactive Standard Space Lease with the Federal Aviation Administration for Approximately 7,736 Square Feet of Office Space at Montgomery-Gibbs Executive Airport, Located at 8525 Gibbs Drive, Suite 120, San Diego, CA 92123, and a Waiver of Requirements in Council Policy 700-10 and Council Policy 300-11.

Total Estimated Cost of Proposed Action and Funding Source:

There is no City expenditure being approved with this action.

Council District(s) Affected: 7.

Minutes of the Council of the City of San Diego Page 52 for the Regular Meeting of Tuesday, April 9, 2024
Proposed Actions:

Subitem-A: (R-2024-431) ADOPTED AS RESOLUTION R-315488
Resolution of the Council of the City of San Diego determining that approving a retroactive fouryear, four-month Standard Space Lease with the Federal Aviation Administration for 7,736 square feet of office space located at 8525 Gibbs Drive, Suite 120, is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301.

Subitem-B: (R-2024-432) ADOPTED AS RESOLUTION R-315489
Resolution of the Council of the City of San Diego approving a retroactive four-year, four-month Standard Space Lease with the Federal Aviation Administration for 7,736 square feet of office space located at 8525 Gibbs Drive, Suite 120, and waiving application of Council Policy 700-10 related to security deposits, leasehold improvements, and maintenance costs, and Council Policy 300-11 related to the employment of former City employees.

Committee Actions Taken: N/A
Department of Real Estate and Airport Management: Christina Bibler, (619) 236-6421 City Attorney Contact: William W. Witt
COUNCIL ACTION: Start Time: 11:33 AM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Item 333: Transportation Department Pavement Management Plan.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Minutes of the Council of the City of San Diego Page 53 for the Regular Meeting of Tuesday, April 9, 2024
Committee Actions Taken: N/A
Transportation Department: Maggie McCormick, (619) 527-8031 COUNCIL ACTION: Start Time: 2:05 PM
Item 334: Performance Audit of the City’s Street Maintenance Program.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken:

This item was heard at the Audit Committee meeting on February 14, 2024.

ACTION: Motion by Chair Moreno, second by Vice Chair Whitburn, to approve staff’s proposed actions.

VOTE: 5-0; Moreno-yea, Whitburn-yea, Halpern-yea, Tabshouri-yea, Maffia-yea.

Office of the City Auditor: Megan Jaffery, (619) 533-3015 COUNCIL ACTION: Start Time: 2:05 PM
Item 335: Authorization for the Public Facilities Financing Authority of the City of San Diego Sewer Revenue Bonds.

Total Estimated Cost of Proposed Action and Funding Source:

Estimated debt service for the 2024 Sewer Bonds is $14.2 million in Fiscal Year 2025 and $17.6 million annually from Fiscal Year 2026 to Fiscal Year 2054, paid from the Sewer Revenue Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 54 for the Regular Meeting of Tuesday, April 9, 2024
(O-2024-92) INTRODUCED, TO BE ADOPTED MONDAY, APRIL 22, 2024 Introduction of an Ordinance approving and authorizing the issuance and sale by the Public Facilities Financing Authority of the City of San Diego of one more series of its Sewer Revenue Bonds in the aggregate principal amount not-to-exceed $300,000,000 to finance additional components to wastewater system and approving other related documents and actions. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget & Government Efficiency Committee meeting on March 14, 2024.

ACTION: Motion by Committee Member LaCava, second by Committee Member Elo-Rivera.

VOTE: 3-0; Lee-yea, Elo Rivera-yea, LaCava-yea, Moreno-not present.

Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 4:48 PM
MOTION BY KENT LEE TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 336: Appropriation and Expenditure of Water Infrastructure Finance and Innovation Act (WIFIA) Loan and Debt Funded General Fund Capital Improvement Program Funds, and Authorization of Consolidated Budget Adjustments for Stormwater Capital Improvement Program.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the appropriation of $72,224,841.20 of Water Infrastructure Finance and Innovation Act (WIFIA) funding needed for design and/or construction of Stormwater Capital Improvement Program (CIP) projects. Additionally, this action will authorize the appropriation of $182,964,935.86 for the WIFIA loan match and previous emergency expenditure.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 55 for the Regular Meeting of Tuesday, April 9, 2024
Proposed Actions:
(R-2024-437) ADOPTED AS RESOLUTION R-315490
Resolution authorizing appropriation and expenditure of Water Infrastructure Finance and Innovation Act (WIFIA) Loan and Debt Funded General Fund Capital Improvement Program Funds, and authorization of consolidated budget adjustments for Stormwater Capital Improvement Program.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on March 7, 2024.

ACTION: Motion by Vice Chair LaCava, second by Chair Whitburn, to recommend Council approval of staff’s proposed actions with a staff commitment to bring the following: Breakdown of ACA0001 and exactly what projects are being funded with this action.

VOTE: 4-0; Whitburn-yea, LaCava-yea, Lee-yea, von Wilpert-yea.

Stormwater Department: Sumer Hasenin, (858) 541-4366
City Attorney Contact: William Smith
COUNCIL ACTION: Start Time: 5:07 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 337: Authorization of the Retention of Hawkins Delafield & Wood LLP as Outside Counsel for Legal Matters Related to the City’s Water Utility Fund.

Total Estimated Cost of Proposed Action and Funding Source:

Compensation for as-needed services will not exceed $840,000. The City will pay Hawkins a flat fee out of bond proceeds for work on Bond Transactions upon each successful closing, and negotiated hourly rates of the Water Utility Fund for all other services (i.e., Commercial Paper, Loans or General Matters). No expenses are expected to be paid from this contract in Fiscal Year 2024.

Minutes of the Council of the City of San Diego Page 56 for the Regular Meeting of Tuesday, April 9, 2024
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-413) ADOPTED AS RESOLUTION R-315491
Resolution authorizing the retention of Hawkins Delafield & Wood LLP as Outside Counsel.

Committee Actions Taken: N/A
Office of the City Attorney: Bret A. Bartolotta, (619) 533-5894 COUNCIL ACTION: Start Time: 5:38 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Item 338: Authorization of the Retention of Stradling Yocca Carlson & Rauth LLP as Outside Counsel for Legal Matters Related to the City’s General Fund.

Total Estimated Cost of Proposed Action and Funding Source:

Total compensation will not exceed $1.1 million. The City will pay Stradling a flat fee out of bond proceeds for work on Bond Transactions upon each successful closing and negotiated hourly rates out of the General Fund for all other services (i.e., Loans or General Matters). No expenses are expected to be paid under this contract in Fiscal Year 2024.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-412) ADOPTED AS RESOLUTION R-315492
Resolution authorizing the retention of Stradling Yocca Carlson & Rauth LLP as Outside Counsel.

Committee Actions Taken: N/A
Office of the City Attorney: Bret A. Bartolotta, (619) 533-5894 Minutes of the Council of the City of San Diego Page 57 for the Regular Meeting of Tuesday, April 9, 2024
COUNCIL ACTION: Start Time: 5:41 PM
MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.

Item 350: Approval of the Final Map “Tierra Alta”.

Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Tierra Alta" (T.M. No. 98-0792, PRJ No. 1068246) located at 11304 Caminito Rodar, San Diego, CA. in the RS-1-13 and OC-1-1 zone, within the Mira Mesa Community Plan Area, Council District 6, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, any approved alterations thereof, and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) This map is a Condominium Project as defined in section 4125 et. seq. of the Civil Code of the State of California and is filed pursuant to the Subdivision Map Act. City Council Resolution No. R-295656 adopted October 30, 2001, and Substantial Conformance Review No. 1180114 approved August 17, 2015, approve the development of eight (8) residential condominium units: Lot 1 will contain four (4) units and Lot 2 will contain four (4) units. (4) The map is technically correct. Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Greg Jeffries at (619) 446-5132.

Minutes of the Council of the City of San Diego Page 58 for the Regular Meeting of Tuesday, April 9, 2024
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item S500: Jerry Turner Day.

COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Proclaiming March 30, 2024, to be “Jerry Turner Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item S501: Arden Pala Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming February 23, 2024, as “Arden Pala Day” in the City of San Diego COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item S502: National Public Safety Dispatcher Week.

Minutes of the Council of the City of San Diego Page 59 for the Regular Meeting of Tuesday, April 9, 2024
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming April 14-20, 2024, as “National Public Safety Dispatcher Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item S503: 55th Annual Municipal Clerks Week.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming the week of May 5 – 11, 2024, to be “55th Annual Municipal Clerks Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:48 AM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item S504: Amendment to the 2024 Standing Council Committee Assignments.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Minutes of the Council of the City of San Diego Page 60 for the Regular Meeting of Tuesday, April 9, 2024
Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-469) ADOPTED AS RESOLUTION R-315484
Resolution confirming amendments to appointments of Councilmembers to standing committees for calendar year 2024.

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: Heather M. Ferbert
COUNCIL ACTION: Start Time: 10:06 AM
CONSENT MOTION BY JENNIFER CAMPBELL TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 5:48 p.m.

COUNCIL ACTION: Start Time: 5:48 PM

San Diego City CouncilApril 9, 2024

San Diego City Council
April 9, 2024