Minutes — San Diego City Council, July 16, 2024

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, JULY 16, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................5 ATTENDANCE DURING THE MEETING...................................................................................5 ROLL CALL ..........................................................................................................................5 LAND ACKNOWLEDGEMENT .................................................................................................6 PLEDGE OF ALLEGIANCE......................................................................................................6 NON-AGENDA PUBLIC COMMENT .........................................................................................6

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................8 APPROVAL OF COUNCIL MINUTES........................................................................................8 Item 30: The ICON of Arts and Culture Honorees: Jane & Thompson Fetter Day....................9 Item 31: National University Foundation Day ......................................................................10 Item 32: John Alvarado Day ..............................................................................................10 Item 50: Exemption of Eight (8) Positions in the City of San Diego From Classified Service ........ ........................................................................................................................................11 Item 51: Exemption of Program Coordinator Position in SDCERS from the Classified Service...13 Item 52: This item was moved to Item S501 on the 2:00 p.m. Discussion Agenda.................14 Item 53: Award of Three (3) Civil Engineering Services As-Needed Agreement......................14 Item 54: First Amendments to the As-Needed Transportation Engineering Services Agreements with Parsons Transportation Group, Inc. (H186986) and Kimley-Horn and Associates (H186985) Minutes of Tuesday, July 16, 2024 Page 2
Table of Contents (Continued)
and a Second Amendment to the As-Needed Civil Contract with Parsons Transportation Group, Inc. (H207141) ..................................................................................................................15 Item 55: Pure Water Program – Second Amendment to the Agreement with CH2M Hill Engineers, Inc. for Engineering Services for the Design of the North City Metropolitan Biosolids Center (MBC) Improvements Project (H176825)...................................................................17 Item 56: Award Third Amendment to the Agreement (H176846) with Carollo Engineers, Inc. for Design Engineering Services for the North City Pure Water Facility ...................................18 Item 57: Authorize the Second Amendment to Sole Source Contract #3991 with Somach, Simmons and Dunn for Legal Services Related to the Proposed San Vicente Energy Storage Facility ..............................................................................................................................19 Item 58: Ordinance of the Council of The City of San Diego Enacting a Nighttime Curfew at Pasatiempo Neighborhood Park (Undeveloped) and Pasatiempo Park West Open Space ............. ........................................................................................................................................20 Item 59: Fiscal Year 2025 Tax Rate Ordinance for the Maintenance of Zoological Exhibits.......... ........................................................................................................................................21 Item 60: General Plan Amendment, Community Plan Amendment, and Rezone for 920 Saturn Boulevard, Process Five Decision.........................................................................................22 Item 61: 2024 Update to the San Diego Municipal Code (Land Development Code) and Local Coastal Program and A New Public Right-of-Way In Lieu Fee Resolution ................................23 Item 62: Authorization to Execute a One-Year Extension to an Agreement with NEOGOV .......... ........................................................................................................................................26 Item 63: Second Amendment to the Sole Source Contract with Agilent Technologies, Inc. to Provide Laboratory Instrumentation and Associated Software Packages for Data Analysis and Reporting ..........................................................................................................................28 Item 64: This Item was moved to Item S502 on the 2:00 p.m. Discussion Agenda ................29 Item 100: Approval of an Agreement with Environmental Systems Research Institute, Inc. (Esri), for Enterprise Geographical Information System (GIS) Software, Subscriptions, and Services ............................................................................................................................29 Item 101: Approval of the Award of Contract Resulting from Request for Proposal #10090111- 24-H to Burke, Williams & Sorensen, LLP for Labor Negotiations Services...............................30 Item 102: Settlement of Maria Palafox et al. v. City of San Diego, San Diego Superior Court No. 37-2024-00018242-CU-PO-CTL, Risk No. 28581 ...................................................................31 Minutes of Tuesday, July 16, 2024 Page 3
Table of Contents (Continued)
Item 103: Appointment to the Board of Library Commissioners ............................................32 Item 104: Appointment to the Mission Bay Park Committee .................................................33 Item 105: Reappointments to the Commission on Police Practices ........................................34 Item 330: A Proposed Decision to Overrule the Airport Land Use Commission’s Determination of Inconsistency at 2345 Kettner Boulevard - Project No. 1107392, Process Five Decision .......35 Item 331: This item was moved to Item S500 on the Consent Agenda..................................36 Item 332: Authorization for the Public Facilities Financing Authority of the City of San Diego Sewer Revenue Bonds, Series 2024A (“2024 Sewer Revenue Bonds”) Preliminary Official Statement (“POS”) .............................................................................................................36 Item 333: Sidewalk Vending Permit Fee..............................................................................37 Item 334: Consideration of Nominees for Appointment to the Commission on Police Practices39 Item S500: Annual Special Tax Levy - Community Facilities Districts No. 2, No. 3, and No. 4..40 Item S501: Award of the As-Needed Dam Safety Program Management Services Agreement with GEI Consultants, Inc. (H2426345-M) ............................................................................41 Item S502: Adoption of Building Code Updates and Updates to Permit and Application Rules .42 REPORT OUT FROM CLOSED SESSION................................................................................44 ADJOURNMENT .................................................................................................................44 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, July 16, 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 11:11 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:04 p.m. with Councilmember Foster and Councilmember Moreno not present. Councilmember Foster arrived to the meeting at 2:07 p.m. Councilmember Moreno arrived to the meeting at 2:15 p.m. Councilmember von Wilpert left the meeting at 4:22 p.m. Council President Elo-Rivera recessed the meeting at 4:35 p.m. to convene the Special Public Facilities Financing Authority meeting. Council President Elo-Rivera reconvened the regular meeting at 4:41 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 4:42 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 (cp/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
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for the Regular Meeting of Tuesday, July 16, 2024
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

LAND ACKNOWLEDGEMENT
Statement read by Council President Elo-Rivera.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem LaCava.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Joy Sunyata commented on homeless.

COUNCIL ACTION: Start Time: 10:56 AM
PUBLIC COMMENT-2 (virtual):

Lori Saldaña commented on civility in our interactions during public comment; and false statements.

COUNCIL ACTION: Start Time: 10:58 AM
PUBLIC COMMENT-3 (virtual):

Kathleen Lippitt commented on not accepting gifts from big alcohol, tobacco, or marijuana that want to exploit our youth.

COUNCIL ACTION: Start Time: 11:00 AM
PUBLIC COMMENT-4 (virtual):

Megan Stuart commented on dangers of marijuana consumption.

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for the Regular Meeting of Tuesday, July 16, 2024
COUNCIL ACTION: Start Time: 11:02 AM
PUBLIC COMMENT-5 (virtual):

Kelly McCormick commented on litigation against social media companies for their role in the youth mental health crisis.

COUNCIL ACTION: Start Time: 11:04 AM
PUBLIC COMMENT-6 (virtual):

Judi Strang commented on opioid epidemic; and concerns of high concentrated THC being sold in marijuana marketplace.

COUNCIL ACTION: Start Time: 11:06 AM
PUBLIC COMMENT-7 (virtual):

Becky Rapp requested a flavored marijuana ban.

COUNCIL ACTION: Start Time: 11:08 AM

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

Councilmember Whitburn mentioned deaths of homeless people in San Diego have increased.

He shared that the medical examiner said 600 people experiencing homelessness died last year.

Councilmember Whitburn stated the City needs more shelter beds and he will continue to make that point.

COUNCIL ACTION: Start Time: 11:10 AM
CITY CLERK COMMENT:

City Clerk Fuentes announced that due to the overwhelming public response for the upcoming Passport Pop-Up Fairs, we are expanding this initiative. She shared that all appointments were booked within days of the public announcement. City Clerk Fuentes mentioned we will now add Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, July 16, 2024
more appointments and serve passport customers until 4:00 p.m. for both the San Ysidro and Scripps Miramar Ranch library events. She stated that additional appointments will be available beginning tomorrow morning. City Clerk Fuentes encouraged those interested to go to www.sandiego.gov/passports to book their appointment and get more information on what is needed for processing. She noted the Clerk’s office also welcomes walk-ins every Wednesday from 8:00 a.m. – 10:00 a.m. in the lobby at 202 C Street.

COUNCIL ACTION: Start Time: 10:27 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
5/20/2024
5/21/2024
5/27/2024 Adjourned
5/28/2024 Adjourned
COUNCIL ACTION: Start Time: 10:06 AM
MOTION BY RAUL A. CAMPILLO TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

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

Item 30: The ICON of Arts and Culture Honorees: Jane & Thompson Fetter Day.

COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, July 16, 2024
Proclaiming July 27, 2024, to be “The ICON of Arts and Culture Honorees: Jane & Thompson Fetter Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item 31: National University Foundation Day.

COUNCILMEMBER VON WILPERT AND COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Proclaiming July 25, 2024, to be “National University Foundation Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item 32: John Alvarado Day.

COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming July 16, 2024, to be “John Alvarado Day” in the City of San Diego.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, July 16, 2024
COUNCIL ACTION: Start Time: 10:28 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Item 50: Exemption of Eight (8) Positions in the City of San Diego From Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

All eight (8) positions are included in the Fiscal Year 2025 Adopted Budget.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2024-142) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City’s Department of General Services from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 6, 2024. This position will oversee Citywide Job Order Contracting procurement and management process for Operations and Maintenance activities. This Action is brought under San Diego Charter section 117(a)(17).

Subitem-B: (O-2024-143) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance authorizing the exemption of three Assistant Deputy Director positions and one Deputy Director position in the City’s Engineering and Capital Projects Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 4 and June 6, 2024. The Assistant Deputy Director positions will be responsible for overseeing the execution of Capital Improvement Projects related to phase one of the Pure Water Program, to include the Conveyance, Treatment, and Facilities packages. The Deputy Director position will oversee the Project Development and Management Division in the Strategic Capital Projects branch of the Department. This Action is brought under San Diego Charter section 117(a)(17).

Subitem-C: (O-2024-144) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, July 16, 2024
Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City’s Library Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 6, 2024. This position will oversee the administration, coordination, assessment, evaluation, and strategic planning of security services for the San Diego public library system. This Action is brought under San Diego Charter section 117(a)(17).

Subitem-D: (O-2024-145) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance authorizing the exemption of one Program Coordinator position in the City’s Parks and Recreation Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 6, 2024. This position will oversee and manage the Land Acquisition Program. This Action is brought under San Diego Charter section 117(a)(17).

Subitem-E: (O-2024-146) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance authorizing the exemption of one Program Manager position in the City’s Environmental Services Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on June 6, 2024. This position will oversee the expansion of the People's Ordinance's (Measure B) automated container program and customer transition program. This Action is brought under San Diego Charter section 117(a)(17).

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on June 20, 2024.

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

VOTE: 3-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-not present.

Department of Finance: Christopher Purcell, (619) 236-6775 City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO 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 11 for the Regular Meeting of Tuesday, July 16, 2024
Not Present: (None).

Item 51: Exemption of Program Coordinator Position in SDCERS from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The funding for this position is included with the SDCERS budget.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-147) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the San Diego City Employees' Retirement System from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 4, 2024. This position will be responsible for various benefits and administration programs. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on June 20, 2024.

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

VOTE: 3-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-not present.

SDCERS: Colin Brazile, (619) 525-3630
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, July 16, 2024
Item 52: This item was moved to Item S501 on the 2:00 p.m. Discussion Agenda.

Item 53: Award of Three (3) Civil Engineering Services As-Needed Agreement.

Total Estimated Cost of Proposed Action and Funding Source:

Please see Staff Report.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-153) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into Agreements with Harris & Associates, Parsons Transportation Group, Inc., and WSP USA, in an amount notto-exceed $25,000,000 for each Agreement, to provide civil engineering services, related to Capital Improvement Projects and related items.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on June 26, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, 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: Michael Ramirez, (619) 533-4111 City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO 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);
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, July 16, 2024
Recused: (None);
Not Present: (None).

Item 54: First Amendments to the As-Needed Transportation Engineering Services Agreements with Parsons Transportation Group, Inc. (H186986) and Kimley-Horn and Associates (H186985) and a Second Amendment to the As-Needed Civil Contract with Parsons Transportation Group, Inc. (H207141).

Total Estimated Cost of Proposed Action and Funding Source:

These amendments will extend agreement duration only and do not have associated Fiscal Considerations.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2024-151) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Parsons Transportation Group, Inc. for as-needed transportation engineering services (H186986), extending the Agreement through May 12, 2028, for completion of eight task orders.

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

Subitem-B: (O-2024-152) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Kimley-Horn and Associates, Inc. for as-needed transportation engineering services (H186985), extending the Agreement through August 22, 2026, for completion of eight task orders.

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

Subitem-C: (O-2024-149) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the Second Amendment to the Agreement with Parsons Transportation Group, Inc. for as-needed professional services Civil contract (H207141), to include two additional task orders.

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

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, July 16, 2024
This item was heard at the Active Transportation and Infrastructure Committee meeting on June 26, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee member von Wilpert, 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: Carrie Purcell, (619) 533-5124 City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 55: Pure Water Program – Second Amendment to the Agreement with CH2M Hill Engineers, Inc. for Engineering Services for the Design of the North City Metropolitan Biosolids Center (MBC) Improvements Project (H176825).

Total Estimated Cost of Proposed Action and Funding Source:

Please see Staff Report.

Council District(s) Affected: 6.

Proposed Actions:
(O-2024-140) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance approving a Second Amendment to the Agreement with CH2M Hill Engineers, Inc. for Design Services for the North City Metropolitan Biosolids Center (MBC) Improvement Project.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, July 16, 2024
This item was heard at the Environment Committee meeting on June 20, 2024.

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

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

Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 56: Award Third Amendment to the Agreement (H176846) with Carollo Engineers, Inc. for Design Engineering Services for the North City Pure Water Facility.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of the third Amendment to the agreement with Carollo Engineers, Inc. (H176846) for design support services in the Pure Water Program for PWP North City Pure Water Facility Pkg 2), in an amount not-to-exceed $5,945,891, thus increasing the total amount of the agreement to $38,515,365, and extending the contract term for an additional 12 months; Council District(s) Affected: 1.

Proposed Actions:
(O-2024-141) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance approving the Third Amendment to the Agreement with Carollo Engineers, Inc. for Design Engineering Services for the North City Pure Water Facility. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, July 16, 2024
This item was heard at the Environment Committee meeting on June 20, 2024.

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

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

Engineering & Capital Projects: Elif Cetin, (619) 533-3794 City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 57: Authorize the Second Amendment to Sole Source Contract #3991 with Somach, Simmons and Dunn for Legal Services Related to the Proposed San Vicente Energy Storage Facility.

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this second amendment is for a five-year time extension, with the total not-toexceed to remain unchanged at $650,000. The agreement is funded by the Water Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-137) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. Two to the Agreement with Somach, Simmons, and Dunn, extending the Agreement through March 26, 2029, for legal services related to regulatory litigation related to the San Vicente Reservoir.
6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, July 16, 2024
Committee Actions Taken:

This item was heard at the Environment Committee meeting on June 20, 2024.

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

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

Public Utilities: Megan Hickey, (619) 613-0370
City Attorney Contact: Melissa D. Ables
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 58: Ordinance of the Council of The City of San Diego Enacting a Nighttime Curfew at Pasatiempo Neighborhood Park (Undeveloped) and Pasatiempo Park West Open Space.

Total Estimated Cost of Proposed Action and Funding Source:

None. However, there is a related cost for labor and materials to install park signage to reflect the nighttime curfew and ordinance change. Estimated total cost for this project is $1,338, including the installation of six signs placed at main points of entry into the park and open space and then strategically placed within, as well as associated staff costs. This will be allocated from the Parks and Recreation Department’s operational budget.

Council District(s) Affected: 7.

Proposed Actions:
(O-2024-150 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance amending Chapter 6, Article 3, Division 1 of the San Diego Municipal Code by amending Section 63.0120, relating to adding a nighttime curfew at Pasatiempo Neighborhood Park (undeveloped) and Pasatiempo Park West Open Space.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, July 16, 2024
This item was heard at the Community and Neighborhood Services Committee meeting on June 27, 2024.

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

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

Council District 7: Anthony Hackett, (619) 236-5909
City Attorney Contact: Nicole Pedone
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 59: Fiscal Year 2025 Tax Rate Ordinance for the Maintenance of Zoological Exhibits.

Total Estimated Cost of Proposed Action and Funding Source:

Funding is appropriated in the Fiscal Year 2025 Adopted Budget for Zoological Exhibits Maintenance in the amount of $20,975,719.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 6/24/2024, Item 200 (Council voted 8- 0, Councilmember Campbell-not present):
(O-2024-131) ADOPTED AS ORDINANCE O-21834 (New Series)
Ordinance fixing the rate of taxation to maintain zoological exhibits in Balboa Park for Fiscal Year 2025.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, July 16, 2024
Department of Finance: Vanessa Montenegro, (619) 533-6169 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 60: General Plan Amendment, Community Plan Amendment, and Rezone for 920 Saturn Boulevard, Process Five Decision.

Total Estimated Cost of Proposed Action and Funding Source:

All costs associated with the processing of the application are recovered through a fee paid for by the applicant.

Council District(s) Affected: 8.

Proposed Actions:

Adopt the following Ordinance which was introduced on 6/25/2024, Item 333, Subitem C (Council voted 9-0):
(O-2024-129) ADOPTED AS ORDINANCE O-21835 (New Series)
Ordinance approving a Rezone changing 0.8 acres located at 920 Saturn Boulevard, within the Otay Mesa-Nestor Community Plan Area, in the City of San Diego, California, from the RS-1-7 zone to the RM-3-9 zone for the 920 Saturn Boulevard Project, No. PRJ-1078681.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Robin MacCartee, (619) 687-5942
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:10 AM
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, July 16, 2024
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 61: 2024 Update to the San Diego Municipal Code (Land Development Code) and Local Coastal Program and A New Public Right-of-Way In Lieu Fee Resolution.

Total Estimated Cost of Proposed Action and Funding Source:

Costs associated with implementation of these ordinances would be covered by project applicants.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 7/01/2024, Item 201,Subitems A and B (Council voted 8-0, Councilmember Moreno-not present)
Adopt the two ordinances, containing Citywide amendments and Center City Planned District and Gaslamp Quarter Planned District (Downtown) amendments, for the 2024 Update to the Land Development Code and Local Coastal Program and the Public Right-of-Way In Lieu Fee Resolution.

Subitem-A: (O-2024-132 Cor. Copy 2) ADOPTED AS ORDINANCE O-21836 (New Series) Ordinance amending Chapter 2, Article 2, Division 18 of the San Diego Municipal Code by amending Section 22.1801; amending Chapter 2, Article 2, Division 24 by amending the title of Division 24, and by retitling and amending Section 22.2402; amending Chapter 8, Article 6, Division 21 by amending Section 86.2102; amending Chapter 9, Article 8, Division 6 by amending Section 98.0607; amending Chapter 11, Article 2, Division 1 by amending Section 112.0103; amending Chapter 11, Article 2, Division 3 by amending Section 112.0310; amending Chapter 11, Article 3, Division 1 by amending Section 113.0103; amending Chapter 11, Article 3, Division 2 by amending Sections 113.0222, 113.0234 and 113.0246; amending Chapter 12, Article 2, Division 1 by amending Section 122.0107; amending Chapter 12, Article 5, Division 4 by amending Section 125.0410; amending Chapter 12, Article 5, Division 9 by amending Section 125.0950; amending Chapter 12, Article 5, Division 10 by amending Section 125.1050; Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, July 16, 2024
amending Chapter 12, Article 6, Division 1 By amending Sections 126.0108 and 126.0113, and by adding new Section 126.0109; amending Chapter 12, Article 6, Division 5 by amending Section 126.0502; amending Chapter 12, Article 6, Division 7 by amending Section 126.0702; amending Chapter 12, Article 9, Division 1 by adding new Section 129.0122; amending Chapter 12, Article 9, Division 2 by amending Section 129.0203; amending Chapter 12, Article 9, Division 7 by amending Section 129.0742; amending Chapter 13, Article 1, Division 2 by amending Section 131.0222; amending Chapter 13, Article 1, Division 3 by amending Section 131.0322; amending Chapter 13, Article 1, Division 4 by repealing Section 131.0402, amending Sections 131.0420 and 131.0422, retitling and amending Section 131.0423, and by amending Sections 131.0431, 131.0442, 131.0443, 131.0445, 131.0446, 131.0449, and 131.0464; amending Chapter 13, Article 1, Division 5 by amending Sections 131.0522, 131.0531, 131.0543 and 131.0546; amending Chapter 13, Article 1, Division 6 by amending Sections 131.0622 and 131.0631, and by adding new Section 131.0632; amending Chapter 13, Article 1, Division 7 by amending Sections 131.0702, 131.0703, 131.0704, 131.0707, 131.0709 and 131.0710, and by adding new Section 131.0719; amending Chapter 13, Article 2, Division 4 by amending Section 132.0402; amending Chapter 13, Article 2, Division 12 by amending Sections 132.1202 and 132.1205; amending Chapter 13, Article 2, Division 14 by amending Section 132.1403, and by adding new Sections 132.1404 and 132.1405; amending Chapter 13, Article 2, Division 15 by amending Sections 132.1510, 132.1515, and 132.1550; amending Chapter 14, Article 1, Division 3 by amending Sections 141.0302, 141.0311, 141.0312, and 141.0314; amending Chapter 14, Article 1, Division 4 by retitling and amending Sections 141.0413 And 141.0421, and by adding new Section 141.0423; amending Chapter 14, Article 1, Division 6 by amending Sections 141.0606, 141.0622, 141.0624, and 141.0628; amending Chapter 14, Article 1, Division 7 by amending Section 141.0702; amending Chapter 14, Article 2, Division 3 by amending Sections 142.0305 and 142.0360, and by adding new Section 142.0390; amending Chapter 14, Article 2, Division 5 by amending Sections 142.0510, 142.0520, 142.0525, and 142.0560; amending Chapter 14, Article 2, Division 9 by amending Section 142.0910; amending Chapter 14, Article 2, Division 10 by amending Section 142.1010; amending Chapter 14, Article 2, Division 12 by amending Sections 142.1230, 142.1235, and 142.1240; amending Chapter 14, Article 2, Division 13 by amending Section 142.1305; amending Chapter 14, Article 3, Division 3 by amending Section 143.0350; amending Chapter 14, Article 3, Division 4 by amending Section 143.0420; amending Chapter 14, Article 3, Division 7 by amending Sections 143.0720, 143.0740, 143.0742, 143.0743, 143.0744, 143.0746, and by adding new Section 143.0748; amending Chapter 14, Article 3, Division 10 by amending Sections 143.1010, 143.1020, and 143.1025; amending Chapter 14, Article 3, Division 11 by amending Section 143.1103; amending Chapter 14, Article 3, Division 13 by amending Sections 143.1303 and 143.1310; amending Chapter 14, Article 3, Division 14 by retitling Division 14, and by amending Section 143.1403; amending Chapter 15, Article 5, Division 2 by amending Sections 155.0231, 155.0238, 155.0242, and by adding new Section 155.0243; amending Chapter 15, Article 9, Appendix C; amending Chapter 15, Article 10, Division 2 by amending Section 1510.0201; amending Chapter 15, Article 13, Division 3 by amending Section 1513.0304; amending Chapter 15, Article 13, Division 4 by amending Section 1513.0402; and amending Chapter 15, Article 16, Division 1 by repealing Section 1516.0103, and by amending Sections 1516.0106, 1516.0112, 1516.0117, 1516.0121, 1516.0122, 1516.0139, and 1516.0140, relating to the 2024 Land Development Code Update.

Subitem-B: (O-2024-124 Cor. Copy) ADOPTED AS ORDINANCE O-21837 (New Series) Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, July 16, 2024
Ordinance amending Chapter 15, Article 6, Division 3 of the San Diego Municipal Code by amending Sections 156.0302, 156.0304, 156.0305, 156.0307, 156.0308, 156.0309, 156.0310, 156.0311, 156.0313, and 156.0315, amending Chapter 15, by amending the title of Article 7, amending the title of Division 1, amending Sections 157.0101, 157.0103, 157.0104, and adding Sections 157.0105, 157.0106, 157.0107, 157.0108, 157.0109, 157.0110, 157.0111, 157.0112, 157.0113, 157.0114, 157.0115, 157.0116, 157.0117, 157.0118, 157.0119 and Figure A, and repealing Chapter 15, Article 7, Divisions 2, 3, 4 and Figure A, all relating to the Centre City Planned District and The Gaslamp Quarter Planned District Land Development Code Update.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on May 17, 2024.

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

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

Planning: Liz Saidkhanian, (619) 533-5990
City Attorney Contact: Lindsey Sebastian
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Joe LaCava.

Passed by the following vote:

Item 62: Authorization to Execute a One-Year Extension to an Agreement with NEOGOV.

Total Estimated Cost of Proposed Action and Funding Source:

This action is in an mount not to exceed $127,057.56, as indicated in the City service agreement with NEOGOV for August 19, 2024, through August 18, 2025. Funds for this action will be provided by the Department of Information Technology.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, July 16, 2024
Proposed Actions:

Adopt the following Ordinance which was introduced on 7/02/2024, Item S500 (Council voted 7- 0, Councilmember von Wilpert and Councilmember Moreno-not present):
(O-2024-139) ADOPTED AS ORDINANCE O-21838 (New Series)
Ordinance authorizing a one-year extension of an employee recruitment and applicant tracking contract with NEOGOV.
6 votes required pursuant to Charter Section 99
Committee Actions Taken:

This item was heard at the Budget & Government Efficiency Committee meeting on June 20, 2024.

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

VOTE: 3-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-not present.

Personnel: Christia Davis, (619) 236-6665
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 63: Second Amendment to the Sole Source Contract with Agilent Technologies, Inc. to Provide Laboratory Instrumentation and Associated Software Packages for Data Analysis and Reporting.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, July 16, 2024
This amendment increases the not to exceed amount of the original contract by $4,876,000 to a total of $7,376,000 over an additional five-year term which expires in July 2029. Expenditure of funds for goods and services is contingent upon sufficient Operating & Maintenance funding being available in each fiscal year. The agreement will be funded by water and wastewater operating & maintenance funds.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 07/02/2024, Item S501 (Council voted 7-0, Councilmember von Wilpert and Councilmember Moreno-not present):
(O-2024-138) ADOPTED AS ORDINANCE O-21839 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the Second Amendment to the Sole Source Contract with Agilent Technologies, Inc., extending the Contract five years and increasing the amount not to exceed by $4,876,000, to provide laboratory instrumentation and associated software packages for data analysis and reporting. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on June 20, 2024.

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

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

Public Utilities: Violet Renick, (619) 668-2710
City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, July 16, 2024
Item 64: This Item was moved to Item S502 on the 2:00 p.m. Discussion Agenda.

Item 100: Approval of an Agreement with Environmental Systems Research Institute, Inc. (Esri), for Enterprise Geographical Information System (GIS) Software, Subscriptions, and Services.

Total Estimated Cost of Proposed Action and Funding Source:

This contract agreement is not-to-exceed the dollar amount of $8,280,000 for a three year term. Funded by Geographical Information System (GIS) Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-666) ADOPTED AS RESOLUTION R-315678
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Environmental Systems Research Institute, Inc., in an amount not-to-exceed $8,280,000, for enterprise geographical information system (GIS) software, subscriptions and services.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on June 20, 2024.

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

VOTE: 3-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-not present.

Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. 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);
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, July 16, 2024
Recused: (None);
Not Present: (None).

Item 101: Approval of the Award of Contract Resulting from Request for Proposal #10090111- 24-H to Burke, Williams & Sorensen, LLP for Labor Negotiations Services.

Total Estimated Cost of Proposed Action and Funding Source:

The amount of the contract is not-to-exceed $5,000,000 over the term of the agreement.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-671) ADOPTED AS RESOLUTION R-315679
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Burke, Williams & Sorensen, LLP, in an amount not-to-exceed $5 million, to provide labor negotiations services.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on June 20, 2024.

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

VOTE: 3-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-not present.

Human Resources: Brian Mallard, (619) 707-1785
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, July 16, 2024
Item 102: Settlement of Maria Palafox et al. v. City of San Diego, San Diego Superior Court No. 37-2024-00018242-CU-PO-CTL, Risk No. 28581.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $250,000 will be paid from Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-638) ADOPTED AS RESOLUTION R-315680
Resolution authorizing the settlement of Maria Palafox, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2024-00018242-CU-PO-CTL, related to a claim of wrongful death of plaintiff’s father arising from a motor vehicle accident on October 15, 2021. Claim No. 28581.

Committee Actions Taken: N/A
Office of the City Attorney: John P. Pearson, (619) 533-6193 COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 103: 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: 9.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, July 16, 2024
(R-2024-665) ADOPTED AS RESOLUTION R-315681
Resolution confirming the Mayor's appointment of Mark Tran 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: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 104: Appointment to the Mission Bay Park Committee.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1.

Proposed Actions:
(R-2024-657) ADOPTED AS RESOLUTION R-315682
Resolution confirming the Mayor's appointment of Steve Pinard to the Mission Bay Park Committee for a term ending June 30, 2026.

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

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, July 16, 2024
Passed by the following vote:

Item 105: Reappointments to the Commission on Police Practices.

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

Proposed Actions:
(R-2024-676) ADOPTED AS RESOLUTION R-315683
Resolution confirming the reappointments of Clovis Honore, Maria Guadalupe Lozano-Diaz, John T. Armantrout, Darlanne Mulmat, Alec Beyer, Octavio Aguilar, Stephen E. Chatzky, Dr. Dennis Brown, and Douglas E. Case to the Commission on Police Practices for terms ending June 30, 2026.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, July 16, 2024
Item 330: A Proposed Decision to Overrule the Airport Land Use Commission’s Determination of Inconsistency at 2345 Kettner Boulevard - Project No. 1107392, Process Five Decision.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being approved with this action. All costs associated with processing of this Project are paid through a deposit account by the applicant.

Council District(s) Affected: 3.

Proposed Actions:

An application for a Site Development Permit (Process 5) to request that the City Council proposes a decision to overrule the determination of inconsistency with the San Diego International Airport (SDIA) Land Use Compatibility Plan (ALUCP) by the San Diego County Regional Airport Authority (SDCRAA), acting as the Airport Land Use Commission (ALUC) for San Diego International Airport (SDIA), to allow a land use deviation from the maximum land use intensity limit of Safety Zone 2E for the 24,754 square-foot site at the northeast corner of Kettner Boulevard and West Juniper Street at 2345 Kettner Boulevard within the Mixed Commercial zoning district of the Centre City Planned District and the Little Italy neighborhood of the Downtown Community Plan area (Council District 3). (R-2025-7) ADOPTED AS RESOLUTION R-315687
Resolution to propose to overrule the Airport Land Use Commission’s determination of inconsistency and direct staff to send the Notice of Proposed Final Decision to Overrule to the ALUC, Caltrans Division of Aeronautics, and San Diego County Regional Airport Authority as the San Diego International Airport operator.
6 votes required pursuant to California Public Utilities Code Sections 21676 and 21676.5 and San Diego Municipal Code Section 132.1555.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Johnwilly Aglupos, (619) 557-7958 City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 10:34 AM
Public testimony by Marcela Escobar, Manny Rodriquez, and Lori Saldaña.

MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, July 16, 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 331: This item was moved to Item S500 on the Consent Agenda.

Item 332: Authorization for the Public Facilities Financing Authority of the City of San Diego Sewer Revenue Bonds, Series 2024A (“2024 Sewer Revenue Bonds”) Preliminary Official Statement (“POS”).

Total Estimated Cost of Proposed Action and Funding Source:

Estimated debt service for the 2024 Sewer Bonds is $14.6 million in Fiscal Year 2025 and $17.9 million annually from Fiscal Year 2026 to Fiscal Year 2054, paid from the Sewer Revenue Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-664 Cor. Copy) ADOPTED AS RESOLUTION R-315688
Resolution approving (i) the form and authorizing the execution and delivery of one or more Preliminary Official Statements and Official Statements in connection with the Public Facilities Financing Authority of the City of San Diego Subordinated Sewer Revenue Bonds, Series 2024A, (ii) approving other related actions, and (iii) declaring the official intent of the City to reimburse certain expenditures from the proceeds of indebtedness.

Committee Actions Taken:

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

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

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

Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: David Powell
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, July 16, 2024
See the Special Public Facilities Financing Authority Agenda of July 16, 2024, for a related item.

COUNCIL ACTION: Start Time: 4:24 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

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: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 333: Sidewalk Vending Permit Fee.

Total Estimated Cost of Proposed Action and Funding Source:

The Program incurs annual ongoing costs of approximately $2.5 million. Estimated annual revenue of $20,600 is expected based on current volume of permit issuance.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-513) ADOPTED AS RESOLUTION R-315689
Resolution approving a fee for sidewalk vending applications and permits issued under Chapter 3, Article 6, Division 1 of the San Diego Municipal Code.

Committee Actions Taken:

This item was heard at the Community & Neighborhood Services Committee meeting on June 27, 2024.

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

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

Office of the City Treasurer: Elizabeth Correia, (619) 236-7517 City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 2:53 PM
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, July 16, 2024
MOTION BY JENNIFER CAMPBELL TO ADOPT. 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, Sean Elo-Rivera;
Nay: Vivian Moreno;
Recused: (None);
Not Present: (None).

Item 334: Consideration of Nominees for Appointment to the Commission on Police Practices.

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

Proposed Actions:
(R-2025-15) ADOPTED AS RESOLUTION R-315690
Resolution confirming the Council's appointments to the Commission on Police Practices.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 2:06 PM

MOTION BY SEAN ELO-RIVERA TO ADOPT THE RESOLUTION TO APPOINT IMANI ROBINSON FOR LOW-TO-MODERATE INCOME CATEGORY WITH TERM ENDING JUNE 30, 2026, AND CHRISTOPHER JOHN KENNISON FOR DISTRICT 8 CATEGORY WITH TERM ENDING JUNE 30, 2026. Second by Henry L. Foster III.

Passed by the following vote:

City Clerk Diana J.S. Fuentes announced the results of Round 1 of the balloting for the Youth category as follows:

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, July 16, 2024
A total of 8 votes for Gonzalo Rocha-Vasquez and a total of 5 votes for Karla Sanchez.

City Clerk Diana J.S. Fuentes announced Gonzalo Rocha-Vasquez has been appointed as youth member with term ending June 30, 2025, to the Commission on Police Practices.

City Clerk Diana J.S. Fuentes announced the results of Round 2 of the balloting for the Youth category as follows:

A total of 4 votes for Karla Sanchez and 5 votes for Vivian Ortega.

City Clerk Diana J.S. Fuentes announced Vivian Ortega has been appointed as youth member with term ending June 30, 2025, to the Commission on Police Practices.

City Clerk Diana J.S. Fuentes announced the results of Round 1 of the balloting for the At-Large category as follows:

A total of 9 votes for Jessica Dockstader.

City Clerk Diana J.S. Fuentes announced Jessica Dockstader has been appointed as at-large member with term ending June 30, 2025, to the Commission on Police Practices.

City Clerk Diana J.S. Fuentes announced the results of Round 2 of the balloting for the At-Large category as follows:

A total of 9 votes for Dan Lawton.

City Clerk Diana J.S. Fuentes announced Dan Lawton has been appointed as at-large member with term ending June 30, 2026, to the Commission on Police Practices.

Item S500: Annual Special Tax Levy - Community Facilities Districts No. 2, No. 3, and No. 4.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost to the City. All costs are borne by the respective districts.

Council District(s) Affected: 2, 5.

Proposed Actions:

Subitem-A: (R-2024-668) ADOPTED AS RESOLUTION R-315684
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 2.

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, July 16, 2024
Subitem-B: (R-2024-669) ADOPTED AS RESOLUTION R-315685
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 3.

Subitem-C: (R-2024-670) ADOPTED AS RESOLUTION R-315686
Resolution authorizing the annual levy of special taxes within the City’s Community Facilities District No. 4.

Committee Actions Taken: N/A
Debt Management: Marisol Valdovinos, (619) 533-4071
City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 10:10 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item S501: Award of the As-Needed Dam Safety Program Management Services Agreement with GEI Consultants, Inc. (H2426345-M).

Total Estimated Cost of Proposed Action and Funding Source:

The cost of this agreement is not-to-exceed $100,000,000 for a term of 120 months. The agreement will be funded by the Water Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-154 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024 Introduction of an Ordinance approving the ten-year Agreement Between the City of San Diego and GEI Consultants, Inc. for As-Needed Dam Safety Program Management Services in an amount not-to-exceed $100,000,000, and related actions.

Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, July 16, 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 June 26, 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.

Public Utilities: Tiffany Kirk, (619) 533-5362
City Attorney Contact: Melissa D. Ables
COUNCIL ACTION: Start Time: 3:18 PM
MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item S502: Adoption of Building Code Updates and Updates to Permit and Application Rules.

Total Estimated Cost of Proposed Action and Funding Source:

Please see staff report.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2024-148 Cor. Copy 2) INTRODUCED, TO BE ADOPTED TUESDAY, JULY 30, 2024
Introduction of an Ordinance amending Chapter 11, Article 2, Division 1 of the San Diego Municipal Code by amending Section 112.0102; amending Chapter 12, Article 9, Division 1 by amending Section 129.0108; amending Chapter 12, Article 9, Division 2 by amending Sections 129.0211 and 129.0218; amending Chapter 14, Article 5, Division 12 by repealing Section Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, July 16, 2024
145.1203; amending Chapter 14, Article 5, Division 15 by amending Section 145.1505 and repealing Section 145.1510; amending Chapter 14, Article 5, Division 18 by amending Section 145.1803; amending Chapter 14, Article 9, Division 3 by amending Section 149.0341; and amending Chapter 14, Article 11, Division 3 by repealing Section 1411.0301, relating to amendments to the 2022 California Building Standards Code.

Subitem-B: (R-2024-673 Cor. Copy) ADOPTED AS RESOLUTION R-315691 Resolution determining that the adoption of amendments to the San Diego Municipal Code related to the supplement to the 2022 Building Standards Code are exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3).

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on April 18, 2024.

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

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

Development Services: Ali Fattah, (619) 446-5092
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 3:52 PM
MOTION BY KENT LEE TO INTRODUCE THE ORDINANCE IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B. 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: (None);
Recused: (None);
Not Present: Marni von Wilpert.

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, July 16, 2024
The meeting was adjourned by Council President Elo-Rivera at 4:42 p.m.

COUNCIL ACTION: Start Time: 4:42 PM

San Diego City CouncilJuly 16, 2024

San Diego City Council
July 16, 2024