Minutes — San Diego City Council, May 21, 2024

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, MAY 21, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................5 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................7 SPECIAL ORDERS OF BUSINESS ...........................................................................................7 Item 30: Jewish American Heritage Month............................................................................8 Item 31: Chief David Nisleit Day ..........................................................................................8 Item 32: Jaime's Joy Day ....................................................................................................9 Item 33: Lupus Awareness Month........................................................................................9 Item 34: Rhonda T. Adams Day .........................................................................................10 Item 35: Emergency Medical Services Week .......................................................................10 Item 36: World Trade and Export Month.............................................................................11 Item 50: Third Amendment to Sole Source Agreement with MARS Company for Water Meter Test System Maintenance and Support ................................................................................11 Item 51: Fourth Amendment to the Agreement with Itron, Inc. for Meter Reading System Maintenance & Support Services .........................................................................................12 Item 52: Proposed Amendments to San Diego Municipal Code Regarding Buffer Zones at Health Care Facilities, Places of Worship, and School Grounds...............................................14 Minutes of Tuesday, May 21, 2024 Page 2
Table of Contents (Continued)
Item 100: Authorization to Execute Two Option Years of an Existing Contract with Badger Meter, Inc. to Purchase Water Meters (RFP 10089854-22-W)................................................15 Item 101: Award a Phase-Funded Construction Contract # K-24-2005-DBB-3-C with OHLA USA Inc. and Authorize FY 24 Phase 1 Funding for the Purpose of Providing Construction for the Alvarado 2nd Extension Pipeline Project...............................................................................16 Item 102: Award Construction Management Agreement H2226027 with Arcadis U.S. to Provide Construction Management Services for the Tecolote Canyon Trunk Sewer Improvement and Golf Course Water Connection Project .................................................................................17 Item 103: Allocation of Funds to and Creation of Mission Bay and Regional Park Projects .......... ........................................................................................................................................19 Item 104: $250,000 to the City of San Diego, for the Lifeguard Northern Garage Feasibility Study ................................................................................................................................20 Item 105: Settlement of Nunzio Guadagni v. City of San Diego, et al., San Diego Superior Court No. 37-2020-00042516 CU-PA-CTL, Claim No. 22169............................................................21 Item 106: Appointment and Reappointments to the Balboa Park Committee .........................22 Item 107: Appointment to the Funds Commission ...............................................................23 Item 108: Appointment and Reappointments to the Arts and Culture Commission .................24 Item 330: Grant Subaward Agreement with the California Governor’s Office of Emergency Services, Victim Services Branch, Family Justice Center Program, for the Purposes of Expanding the Capabilities of Your Safe Place – A Family Justice Center within the Office of the City Attorney............................................................................................................................25 Item 331: 2023 Annual Report on Internal Financial Control ................................................26 Item 332: Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Sea Breeze Gardens Apartments........................................................................................................................26 Item 333: Community Planning Group Recognitions, Extension of a Community Planning Group Recognition Application Deadline, Allowing Certain Community Planning Groups to Have More Than Twenty Voting Members, and Amendments to Council Policy 600-24 Relating to Community Planning Groups...............................................................................................27 Item S500: National Foster Care Month ..............................................................................30 Item S501: Travis Knowles Day..........................................................................................30 Minutes of Tuesday, May 21, 2024 Page 3
Table of Contents (Continued)
REPORT OUT FROM CLOSED SESSION................................................................................31 ADJOURNMENT .................................................................................................................32 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, May 21, 2024

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:03 a.m. Councilmember Foster arrived to the meeting at 10:11 a.m. Councilmember Campbell and Councilmember von Wilpert left the meeting at 11:58 a.m. The meeting was recessed by Council President EloRivera at 12:02 p.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:09 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 4:07 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 4:14 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 5:56 p.m. to convene the Housing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 5:58 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 6:20 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
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, May 21, 2024
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Bill Li commented on recent disputes in UCSD and taxes.

COUNCIL ACTION: Start Time: 5:58 PM
PUBLIC COMMENT-2 (virtual):

Becky Rapp commented on marijuana altering teen mental health.

COUNCIL ACTION: Start Time: 6:00 PM
PUBLIC COMMENT-3 (virtual):

Lori Saldaña commented on Brown Act violations related to Non-Agenda Public Comment; and Convention Center plans.

COUNCIL ACTION: Start Time: 6:02 PM
PUBLIC COMMENT-4 (virtual):

Blair Beekman commented on surveillance technology at Memorial Park.

COUNCIL ACTION: Start Time: 6:04 PM
PUBLIC COMMENT-5 (virtual):

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, May 21, 2024
Terri-Ann Skelley commented on marijuana businesses using predatory advertising.

COUNCIL ACTION: Start Time: 6:06 PM
PUBLIC COMMENT-6 (virtual):

Barbara Gordon commented on increased usage of marijuana with teens during summer months.

COUNCIL ACTION: Start Time: 6:09 PM
PUBLIC COMMENT-7 (virtual):

Peggy Walker commented on the coalition of Parents Against Vaping (PAVe).

COUNCIL ACTION: Start Time: 6:11 PM
PUBLIC COMMENT-8 (virtual):

Malik King commented on social equity programs.

COUNCIL ACTION: Start Time: 6:13 PM
PUBLIC COMMENT-9 (virtual):

Bob Kuczewski commented on past changes that made the City better; and protecting the right to speak.

COUNCIL ACTION: Start Time: 6:14 PM
PUBLIC COMMENT-10 (virtual):

Unknown caller commented on equity and the proposed budget.

COUNCIL ACTION: Start Time: 6:16 PM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, May 21, 2024
CITY CLERK COMMENT:

City Clerk Fuentes announced the City Clerk’s Office is in partnership with The Office of Child and Youth Success and are inviting all high schools in San Diego to join a voter registration drive to increase voter registration. Voters can pre-register to vote starting at 16 years old. She stated her office outreached throughout a one-month period to support the schools in this challenge. Nineteen schools participated from every Council district across the City, and we had over 800 students register to vote. City Clerk Fuentes mentioned top schools in each category will receive a lunch with Channel 93.3’s “Geena the Latina” to celebrate their efforts on campus and continue to encourage their ongoing civic participation. Clerk Fuentes revealed The Office of the City Clerk will continue to collaborate with our local schools to increase civic engagement among our youth.

COUNCIL ACTION: Start Time: 10:25 AM

SPECIAL ORDERS OF BUSINESS
None.

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

Item 30: Jewish American Heritage Month.

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

APPROVED
Proclaiming May 2024, to be “Jewish American Heritage Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:27 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.

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);
Not Present: (None).

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, May 21, 2024
Item 31: Chief David Nisleit Day.

MAYOR GLORIA AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming June 4, 2024, to be “Chief David Nisleit Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:27 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 32: Jaime's Joy Day.

COUNCIL PRESIDENT ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming May 24, 2024, to be “Jaime’s Joy Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:27 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 33: Lupus Awareness Month.

COUNCILMEMBER CAMPBELL AND COUNCILMEMBER LEE'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, May 21, 2024

APPROVED
Proclaiming May 1 - May 31, 2024, to be “Lupus Awareness Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:27 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 34: Rhonda T. Adams Day.

COUNCILMEMBER FOSTER III'S RECOMMENDATION:

APPROVED
Proclaiming May 21, 2024, to be “Rhonda T. Adams Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:27 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 35: Emergency Medical Services Week.

COUNCILMEMBER CAMPBELL AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, May 21, 2024
Proclaiming the week of May 19-25, 2024, to be “Emergency Medical Services Week” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:27 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 36: World Trade and Export Month.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming May 2024, to be “World Trade and Export Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:27 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Item 50: Third Amendment to Sole Source Agreement with MARS Company for Water Meter Test System Maintenance and Support.

Total Estimated Cost of Proposed Action and Funding Source:

The Third Amendment will increase the not-to-exceed amount by $3,200,000, increasing the total agreement not-to-exceed amount to $5,709,423 funded by the Water fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, May 21, 2024
Proposed Actions:
(O-2024-106 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 4, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 3 to the Contract with MARS Company, extending the Contract through June 30, 2029, and increasing the not-to-exceed amount by $3,200,000, in connection with water meter testing. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 11, 2024.

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

VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Elo-Rivera-not present.

Public Utilities: John Pich II, (619) 527-8038
City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 51: Fourth Amendment to the Agreement with Itron, Inc. for Meter Reading System Maintenance & Support Services.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this Fourth Amendment to the agreement will increase the cost by $4,033,910.00 for a total contract amount of $7,833,910.00 over the 60-month term of the agreement. Funds will come from the Water Utility Operating Fund and the Muni Sewer Revenue Fund.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, May 21, 2024
Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-113) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 4, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 4 to the Contract with Itron, Inc. for Meter Reading System Maintenance and Support Services extending the Contract through August 31, 2029, and increasing the total not-to-exceed amount to $7,833,910 and related actions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 11, 2024.

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

VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Elo-Rivera-not present.

Public Utilities: Elvira Santiesteban, (858) 292-6435
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 52: Proposed Amendments to San Diego Municipal Code Regarding Buffer Zones at Health Care Facilities, Places of Worship, and School Grounds.

Total Estimated Cost of Proposed Action and Funding Source: None.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, May 21, 2024
(O-2024-114) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 4, 2024 Introduction of an Ordinance amending Chapter 5, Article 2, Division 10 of the San Diego Municipal Code by amending sections 52.1001, 52.1002 and adding new sections 52.1003,

52.1004, 52.1005, and 52.1006; and amending Chapter 5, Article 8, Division 4 by amending sections 58.0402 and 58.0403, related to public access to health care facilities, places of worship, and school grounds.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on March 20, 2024.

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

VOTE: 4-0; von Wilpert-yea, Campillo-yea, Whitburn-yea, Campbell-yea.

Office of the City Attorney: Mara W. Elliott, City Attorney, (619) 533-5800 City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 11:22 AM
MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Raul A. Campillo.

Passed by the following vote:

Item 100: Authorization to Execute Two Option Years of an Existing Contract with Badger Meter, Inc. to Purchase Water Meters (RFP 10089854-22-W).

Total Estimated Cost of Proposed Action and Funding Source:

The total not to exceed amount of the Contract if all four options are exercised is $30,000,000.

The Department is requesting approval to exercise each of the first two option years, which are for the second and third years of the Contract, in an amount not-to-exceed $12,000,000, funded by the Water Utility Operating Fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, May 21, 2024
Proposed Actions:
(R-2024-514) ADOPTED AS RESOLUTION R-315548
Resolution authorizing the Mayor, or his designee, to exercise each of the first two option years of the Contract with Badger Meter, Inc., to furnish and deliver water meters and related actions.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 11, 2024.

ACTION: Motion by Vice Chair von Wilpert, second by Committee member Campbell, to recommend Council approval of staff’s proposed actions with the following amendments:
1) A resolution to authorize the Mayor, or his designee, to exercise two options under the Contract for years two and three to furnish and deliver water meters, as needed, in an amount not-to-exceed $24,000,000; and
2) The Chief Financial Officer is authorized to expend an amount not-to-exceed $24,000,000 for option years two (2) through five (5) of the Contract from Fund 700011, Water Utility Operating Fund, for the purpose of funding the purchase of water meters under the Contract, contingent upon adoption of the Annual Appropriation Ordinance for the applicable fiscal year, and contingent upon the Chief Financial Officer furnishing one or more certificates certifying that the funds necessary for expenditure are, or will be, on deposit with the City Treasurer.

VOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Elo-Rivera-not present.

Public Utilities: John Pich II, (619) 527-8038
City Attorney Contact: Melissa Ables
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 101: Award a Phase-Funded Construction Contract # K-24-2005-DBB-3-C with OHLA USA Inc. and Authorize FY 24 Phase 1 Funding for the Purpose of Providing Construction for the Alvarado 2nd Extension Pipeline Project.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, May 21, 2024
The cost of this construction contract is not-to-exceed $123,243,852.65. This project will be phase funded, the first phase is funded by the Water Utility Fund. The Water Utility Fund's total portion of the project anticipated to be financed through a loan agreement with the California State Water Resources Control Board under the Drinking Water State Revolving Fund program, which will be financed over a 30-year repayment term. See Fiscal Considerations for more information.

Council District(s) Affected: 2, 7.

Proposed Actions:
(R-2024-533) ADOPTED AS RESOLUTION R-315549
Resolution awarding construction contract K-24-2005-DBB-3-C to OHLA USA, Inc., for construction of the Alvarado 2nd Extension Pipeline project and taking related actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 25, 2024.

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

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

Engineering & Capital Projects: Luis Schaar, (619) 627-3220 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 102: Award Construction Management Agreement H2226027 with Arcadis U.S. to Provide Construction Management Services for the Tecolote Canyon Trunk Sewer Improvement and Golf Course Water Connection Project.

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, May 21, 2024
Total Estimated Cost of Proposed Action and Funding Source:

The total cost of this Construction Management agreement is $4,774,064.00 of which, $4,678,582.72 is from CIP S-15020, Tecolote Canyon Trunk Sewer Improvement, Fund 700008, MUNI SEWER CIP and $95,481.28 is from CIP A-KB.00003, Main Replacements, B-15203, Tecolote Cyn GC Water Conn Project, Fund 700010, WATER UTILITY CIP.

Council District(s) Affected: 2,7.

Proposed Actions:
(R-2024-536) ADOPTED AS RESOLUTION R-315550
Resolution awarding construction management agreement H2226027 to Arcadis U.S., Inc., to provide construction management services for the Tecolote Canyon Trunk Sewer Improvement And Golf Course Water Connection project and taking related actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 25, 2024.

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

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

Engineering & Capital Projects: Alex Garcia, (858) 627-3287 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 103: Allocation of Funds to and Creation of Mission Bay and Regional Park Projects.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, May 21, 2024
Total Estimated Cost of Proposed Action and Funding Source:

This action will allocate $1,200,000.00 of Mission Bay Park Improvement Fund, $839,997.00 of San Diego Regional Parks Improvement Fund (RPIF), and $500,000 in Capital Outlay and General Fund Debt Financing, for a total allocation of $2,539,997.

Council District(s) Affected: 2, 4.

Proposed Actions:
(R-2024-506) ADOPTED AS RESOLUTION R-315551
Resolution authorizing the Chief Financial Officer to reallocate $839,997 of San Diego Regional Parks Improvement Fund from the Balboa Park Club Renovations, Cowles Mountain Comfort Station Accessibility Upgrades, West Sycamore Staging Area, and City Facility Improvements projects to the Balboa Park Botanical Building Improvements, and Chollas Lake Improvements projects; $1,200,000 of Mission Bay Park Improvement Fund from the Bonita Cove East Playground project to the El Carmel Comfort Station Improvements, and Mission Bay Athletic Comfort Station Modifications projects; and $500,000 of Capital Outlay and General Fund Debt Financing from Balboa Park Botanical Building Improvements to Quince Drive Run-Off Erosion.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on April 25, 2024.

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

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

Parks & Recreation: Andy Field, (619) 235-1110
City Attorney Contact: Alma Robbins
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, May 21, 2024
Item 104: $250,000 to the City of San Diego, for the Lifeguard Northern Garage Feasibility Study.

Total Estimated Cost of Proposed Action and Funding Source:

This grant is reimbursable and requires the City to expend funds prior to requesting reimbursement. Expenditures will be initially sourced from a special grant fund and then reimbursed from the State of California, Department of Parks and Recreation (Office of Grants and Local Services). There are no match requirements, and there is no impact to the general fund.

Council District(s) Affected: 1, 2.

Proposed Actions:

Subitem-A: (R-2024-511) ADOPTED AS RESOLUTION R-315552
Resolution determining that the Lifeguard Northern Garage Feasibility Study is exempt from the California Environmental Quality Act Pursuant to Section 15262 of the CEQA Guidelines.

Subitem-B: (R-2024-510) ADOPTED AS RESOLUTION R-315553
Resolution authorizing the acceptance, appropriation, and expenditure of California Assembly Bill 102 pass-through grant funding in the amount of $250,000 for the Lifeguard Northern Garage Feasibility Study.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on April 25, 2024.

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

VOTE: 3-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-not present.

Fire-Rescue: James Gartland, (619) 221-8832
City Attorney Contact: Daniel Orloff
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

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 19 for the Regular Meeting of Tuesday, May 21, 2024
Nay: (None);
Recused: (None);
Not Present: (None).

Item 105: Settlement of Nunzio Guadagni v. City of San Diego, et al., San Diego Superior Court No. 37-2020-00042516 CU-PA-CTL, Claim No. 22169.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $195,000.00 will be paid from the Sewer Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-483) ADOPTED AS RESOLUTION R-315554
Resolution authorizing the settlement of Nunzio Guadagni v. City of San Diego, et al., San Diego Superior Court No. 37-2020-00042516 CU-PA-CTL, related to a claim for personal injury from a vehicle accident involving a City employee that occurred on December 18, 2018. Claim No. 22169.

Committee Actions Taken: N/A
Office of the City Attorney: Kevin R. Yee, (858) 533-5697 COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 106: Appointment and Reappointments to the Balboa Park Committee.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, May 21, 2024
Council District(s) Affected: 3.

Proposed Actions:
(R-2024-529 Cor. Copy) ADOPTED AS RESOLUTION R-315555
Resolution confirming the Mayor's appointment of Michael Robinson for a term ending March 1, 2025, and reappointments of Howard Blackson, Chris Eddy, and Kathy Vandenheuvel for terms ending March 1, 2026, to the Balboa Park Committee.

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: 10:07 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 107: Appointment to the Funds Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2.

Proposed Actions:
(R-2024-530) ADOPTED AS RESOLUTION R-315556
Resolution confirming the Mayor's appointment of Colin Dowd to the Funds Commission for a term ending January 28, 2028.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, May 21, 2024
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 108: Appointment and Reappointments to the Arts and Culture Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 3, 4, 5, 6.

Proposed Actions:
(R-2024-457) ADOPTED AS RESOLUTION R-315557
Resolution approving the Mayor's appointment of Dennis Doan, for a term ending August 31, 2024, reappointments of Ann Bossler, Tyler Hewes, Lee Ann Kim, and Keith Opstad for terms ending August 31, 2024, and reappointments of Kamaal Martin, Alessandra Moctezuma, Becky Phillpott, and Imani Robinson for terms ending August 31, 2025, to the Commission for Arts and Culture. This resolution also seeks a waiver of Council Policy 000-13 in relation to the appointment of Dennis Doan.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, May 21, 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 330: Grant Subaward Agreement with the California Governor’s Office of Emergency Services, Victim Services Branch, Family Justice Center Program, for the Purposes of Expanding the Capabilities of Your Safe Place – A Family Justice Center within the Office of the City Attorney.

Total Estimated Cost of Proposed Action and Funding Source:

This action is for acceptance of grant funding. The $300,000 in grant funds received will support Your Safe Place. There is no match requirement or cost to the City associated with these funds.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-507) ADOPTED AS RESOLUTION R-315558
Resolution to accept, appropriate, and expend $300,000 in grant funds from the California Governor’s Office of Emergency Services, Victim Services Branch, Family Justice Center Program, on behalf of Your Safe Place-A Family Justice Center within the Office of the City Attorney, and authorize the San Diego City Attorney to retroactively execute the grant subaward agreement, including any necessary amendments, extensions, or renewals.

Committee Actions Taken: N/A
Office of the City Attorney: Diane Doherty, (619) 533-3583 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 11:57 AM
MOTION BY JOE LACAVA TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, May 21, 2024
Item 331: 2023 Annual Report on Internal Financial Control.

Total Estimated Cost of Proposed Action and Funding Source:

This is an informational item only; there is no cost associated with this item.

Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Department of Finance: Jeff Peelle, (619) 236-6712
COUNCIL ACTION: Start Time: 4:18 PM
Item 332: Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Sea Breeze Gardens Apartments.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed funding sources and uses approved by this proposed action are included in the Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.

Council District(s) Affected: 4.

Proposed Actions:
(R-2024-532) ADOPTED AS RESOLUTION R-315559
Resolution approving the issuance of multifamily housing revenue bonds or notes by the Housing Authority for Sea Breeze Gardens pursuant to section 147(f) of the Internal Revenue Code of 1986.

Committee Actions Taken: N/A
Housing Commission: Jennifer Kreutter, (619) 578-7709
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, May 21, 2024
City Attorney Contact: Marguerite Ella Middaugh
See the Housing Authority Agenda of May 21, 2024, for a companion item.

This is a TEFRA hearing item.

COUNCIL ACTION: Start Time: 5:21 PM
MOTION BY HENRY L. FOSTER III TO ADOPT. Second by Kent Lee.

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 333: Community Planning Group Recognitions, Extension of a Community Planning Group Recognition Application Deadline, Allowing Certain Community Planning Groups to Have More Than Twenty Voting Members, and Amendments to Council Policy 600-24 Relating to Community Planning Groups.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures being authorized with these actions.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2024-523) ADOPTED AS RESOLUTION R-315560
Resolution adopting amendments to Council Policy 600-24 “Standard Operating Procedures and Responsibilities for Recognized Community Planning Groups.” Subitem-B: (R-2024-524 Rev) ADOPTED AS RESOLUTION R-315561 Resolution waiving the December 31, 2023, deadline for community planning group recognition applications and allowing an extension until January 31, 2024, recognizing independent community planning groups pursuant to Council Policy 600-24, and allowing the University Community Planning Group, the Scripps Ranch Planning Group, the City Heights Area Community Planning Committee, and the Linda Vista Planning Group to have more than 20 voting members in their respective groups.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, May 21, 2024
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 Whitburn, to recommend Council approval of staff’s proposed actions.

1. Adopt a resolution to adopt clarifying and procedural amendments to Council Policy 600-24.

2. Adopt a resolution to waive the Dec. 31, 2023, submittal deadline for planning group applications and allow an extension to Jan. 31, 2024.

3. Adopt a resolution:
a. Recognizing that the following planning groups have met all requirements of Council Policy 600-24, have agreed to all requirements of the Terms and Conditions, and are recognized as the official planning group for their respective communities: Barrio Logan Community Planning Group, Carmel Mountain Ranch/Sabre Springs Community Council, Carmel Valley Community Planning Board, Chollas Valley Community Planning Group, City Heights Area Community Planning Committee, Clairemont Community Planning Group, College Community Planning Board, Del Mar Mesa Community Planning Group, Downtown Community Planning Council, Eastern Area Community Planning Committee, Greater Golden Hill Planning Committee, Kearny Mesa Planning Group, Kensington-Talmadge Planning Group, Linda Vista Planning Group, Midway-Pacific Highway Community Planning Group, Mira Mesa Community Planning Group, Mission Beach Precise Planning Board, Mission Valley Planning Group, Navajo Community Planners, Inc., Normal Heights Community Planning Group, North Park Community Planning Committee, Ocean Beach Planning Board, Old San Diego Community Planning Group, Otay Mesa Planning Group, Otay Mesa-Nestor Community Planning Group, Pacific Beach Planning Group, Peninsula Community Planning Board, Rancho Bernardo Community Planning Board, Rancho de los Penasquitos Planning Board, San Pasqual-Lake Hodges Community Planning Group, San Ysidro Community Planning Group, Scripps Ranch Planning Group, Serra Mesa Planning Group, Skyline-Paradise Hills Community Planning Committee, Southeastern San Diego Community Planning Group, Tierrasanta Community Council and Planning Group, Torrey Hills Community Planning Board, Torrey Pines Community Planning Board, and University Community Planning Group.
b. Allowing the University Community Planning Group and Scripps Ranch Planning Group to have more than 20 voting members on their respective planning groups.

Motion by Council President Pro Tem LaCava, second by Committee Member Whitburn to:
4a. Recommend Council recognize La Jolla Community Planning Association as the official planning group of the La Jolla community.

Motion by Committee Member Whitburn, second by Council President Pro Tem LaCava to:
4b. Recommend Council recognize Vibrant Uptown and the Uptown Community Planning Group.

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

Planning: Marlon I. Pangilinan, (619) 235-5293
City Attorney Contact: Noah Brazier
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, May 21, 2024
COUNCIL ACTION: Start Time: 2:11 PM
Public testimony by Chris Nielson, Patty Ducey Brooks, Mat Wahlstrom, Wesley Morgan, Victoria LaBruzzo, Manny Rodriguez, Brooks Rogers, Sharon Gehl, Gail Friedt, Michael Donovan, William Keller, Zach Thompson, Jason Frye, Lu Rehling, Brenda Fake, Adrian Kwiatkowski, Bill Li, Mary McKenzie, Matthew Driver, James Walsh, Ben Nicholls, Susan White, Tom Mullaney, Terry Hoskins, Harry Bubbins, Julie Hyde, Greg Prieto, Janie Emerson, Blair Beekman, Susan Baracchini, Connor, Lewis Fay, Mina Nguyen, Vahan, Sally, Zack Defazio Farrell, Isaac, Genavieve Koenigsho, Dannie Zhu, Aryan Dixit, Malik King, unknown caller, Greg Kump, and Matt Kump.

MOTION BY JOE LACAVA TO ADOPT. Second by Stephen Whitburn.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: Marni von Wilpert;
Recused: (None);
Not Present: (None).

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

Item S500: National Foster Care Month.

COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER WHITBURN AND COUNCILMEMBER VON WILPERT’S RECOMMENDATION:

APPROVED
Proclaiming May 2024, to be “National Foster Care Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:27 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, May 21, 2024
Item S501: Travis Knowles Day.

COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming May 21, 2024, to be “Travis Knowles Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:27 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Jennifer Campbell.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, May 21, 2024

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:20 p.m. in honor of the memory of:

James Lanning as requested by Councilmember von Wilpert.

COUNCIL ACTION: Start Time: 6:18 PM

San Diego City CouncilMay 21, 2024

San Diego City Council
May 21, 2024