THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, OCTOBER 1, 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 ...........................................................................................9 Item 30: Hispanic Heritage Month........................................................................................9 Item 31: Carl Demas Day ..................................................................................................10 Item 50: Pure Water Program – Amendment No. 3 to the Agreement with CH2M Hill Engineers, Inc. for Design Engineering Services for the North City Water Reclamation Plant Expansion and Influent Conveyance Project (H166722)...............................................................................11 Item 51: Extension of the Contractual Obligations of K-20-1833-DBB-3-A, Otay 1st and 2nd Pipelines West of Highland Avenue, and Additional Total Project Budget Request ...................12 Item 52: Authority to Approve Construction Change in Excess of $2M on North City Pure Water Facility and North City Pure Water Pump Station (K-21-1810-DBB-3-A) and Extend the Construction Contract Beyond 5 Years.................................................................................13 Item 53: First Amendments to the As-Needed Professional Environmental Support Services Agreements with Dudek (H186995) and ICF Jones and Stokes, Inc. (H186996)......................14 Minutes of Tuesday, October 1, 2024 Page 2
Table of Contents (Continued)
Item 54: North City Water Reclamation Plant Expansion (K-21-1861-DBB-3) Authority to Approve Construction Change Order in the Amount of $16 M and Extend the Construction Contract Beyond 5 Years ....................................................................................................16 Item 55: This item was removed from the Agenda ..............................................................17 Item 56: Ordinance Amending Chapter 3, Article 10, Division 1 of the Municipal Code Regarding the City’s Traffic Control Worker Prevailing Wage Rate Ordinance..........................17 Item 100: Adopting an Amended Conflict of Interest Code for the Office of the Mayor ...........18 Item 101: Adopting an Amended Conflict of Interest Code for the Office of the City Clerk.......... ........................................................................................................................................19 Item 102: Approval of the Cooperative Procurement Contract Between the City of San Diego and DLT Solutions, LLC for Amazon Web Services Products and Services, and Associated Amazon Products and Services............................................................................................20 Item 103: Ratification of the Emergency Contract with Republic Services for the January 2024 Storm Emergency Debris Assistance Program Services..........................................................21 Item 104: Approval of Increased Expenditure Authority for the As-Needed SAP Consulting Services Contracts..............................................................................................................23 Item 105: Execute and Award a 5-Year Contract for As-Needed Sidewalk Slicing Services with Trip Stop Sidewalk Repair, Inc. in an Amount not-to-exceed $7,500,000................................24 Item 106: Second Amendment to the Grant Agreement with the County of San Diego for Lead Hazard Investigations and Elimination Services ....................................................................25 Item 107: As-Needed Consultant Services Agreement with SCS Engineers, Inc. for Compliance with Applicable Greenhouse Gas Regulations at City of San Diego Landfills ................................ ........................................................................................................................................26 Item 108: Amendment to Agreement (H2326128) with NV5, Inc., for As-Needed Plan Check and Inspection Services in the Development Services Department.........................................28 Item 109: Amendment to Agreement (H2326129) with Interwest Consulting Group for AsNeeded Plan Check and Inspection Services in the Development Services Department ............... ........................................................................................................................................29 Item 110: Award Agreement H2426367 with Richard Brady & Assoc. for the Purpose of Providing Construction Management Professional Services for the Alvarado 2nd Extension Pipeline Project..................................................................................................................30 Item 111: Pure Water Phase 1 CIP Budget – Increase Pooled Contingency ...........................31 Minutes of Tuesday, October 1, 2024 Page 3
Table of Contents (Continued)
Item 112: Settlement of Tiffany Vinson v. City of San Diego, San Diego Superior Court No. 37- 2020-00008295-CU-OE-CTL, Claim No. 23686......................................................................32 Item 113: Settlement of Denice Simmons, Individually and as Personal Representative of the Estate of Marc Woolf v. City of San Diego, et al., San Diego Superior Court No. 37-2022- 00016872-CU-PO-CTL, Claim No. 28331 ..............................................................................33 Item 114: Reappointments to the Climate Advisory Board....................................................34 Item 115: Appointment to the Planning Commission............................................................35 Item 330: Palm & Hollister Apartments, Project No. PRJ-0698277.........................................36 Item S500: Cox Communications Digital Equity Day.............................................................38 Item S501: A Resolution of the Council of the City of San Diego Requesting a National Emergency from the Federal Government and for the Federal Government to Fully Fund the United States Environmental Protection Agency’s Comprehensive Infrastructure Solution for the Tijuana River .....................................................................................................................39 Item S502: Second Amendment to the Agreement with Dreams for Change for the Safe Sleeping Program at 20th & B.............................................................................................40 Item S503: First Amendment to the Agreement with Downtown San Diego Partnership Foundation for Safe Sleeping Program Operations at O Lot ...................................................41 Item S504: Second Amendment to the Agreement with Dreams for Change for Safe Sleeping Program Operations at O Lot ..............................................................................................42 Item S505: Settlement of Bird Global, Inc., et al., United States Bankruptcy Court, Southern District of Florida, Miami Division, Case Nos. 23-20514-CLC through 23-20518-CLC ................43 Item S506: Department of Housing and Urban Development (HUD) Pathways to Removing Obstacles to Housing (PRO Housing) Round 2 Grant.............................................................44 Item S507: Short-Term Action Plan on Homelessness..........................................................45 REPORT OUT FROM CLOSED SESSION................................................................................46 ADJOURNMENT .................................................................................................................47 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, October 1, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:05 a.m. Councilmember Moreno arrived to the meeting at 10:09 a.m. Councilmember Moreno left the meeting at 12:03 p.m. Councilmember Whitburn left the meeting at 12:04 p.m. The meeting was recessed by Council President Elo-Rivera at 12:08 p.m. for the noon recess to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:06 p.m. with Councilmember Campbell and Councilmember Campillo not present. The meeting was adjourned by Council President Elo-Rivera at 5:25 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Pro Tem Joe LaCava
CD-3 Councilmember Stephen Whitburn
CD-4 Councilmember Henry L. Foster III
CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
CD-2 Councilmember Jennifer Campbell
CD-7 Councilmember Raul A. Campillo
CITY CLERK:
Fuentes (cp/gs)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-not present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, October 1, 2024
LAND ACKNOWLEDGEMENT
Statement read by Council President Pro Tem LaCava.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council President Pro Tem LaCava.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Purita Javier commented on toxicity.
COUNCIL ACTION: Start Time: 11:39 AM
PUBLIC COMMENT-2:
Cesar Javier commented on toxicity.
COUNCIL ACTION: Start Time: 11:44 AM
PUBLIC COMMENT-3:
Geoffrey Hueter commented on agenda notice.
COUNCIL ACTION: Start Time: 11:46 AM
PUBLIC COMMENT-4:
Dana Givot commented on San Diego Association of Governments Regional Early Action Planning grants.
COUNCIL ACTION: Start Time: 11:48 AM
PUBLIC COMMENT-5 (virtual):
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, October 1, 2024
Blair Beekman commented on public meeting process; openness and accountability; and consent calendar process.
COUNCIL ACTION: Start Time: 11:49 AM
PUBLIC COMMENT-6 (virtual):
Peggy Walker commented on substance use prevention.
COUNCIL ACTION: Start Time: 11:51 AM
PUBLIC COMMENT-7 (virtual):
Terri-Ann Skelly commented on dangers, harms, and marketing of cannabis.
COUNCIL ACTION: Start Time: 11:53 AM
PUBLIC COMMENT-8 (virtual):
Madison commented on effects of cannabis.
COUNCIL ACTION: Start Time: 11:55 AM
PUBLIC COMMENT-9 (virtual):
Megan Stuart commented on substance use prevention; and effects of marijuana use.
COUNCIL ACTION: Start Time: 11:58 AM
PUBLIC COMMENT-10 (virtual):
Kathleen Lippitt commented on harms of marijuana.
COUNCIL ACTION: Start Time: 12:00 PM
PUBLIC COMMENT-11 (virtual):
TheOriginalDra commented on child trafficking.
COUNCIL ACTION: Start Time: 12:02 PM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, October 1, 2024
PUBLIC COMMENT-12 (virtual):
Joy Sunyata commented on World Design Capital 2024 event.
COUNCIL ACTION: Start Time: 12:04 PM
PUBLIC COMMENT-13 (virtual):
Judi Strang commented on alcohol and marijuana use during pregnancy; and normalization of marijuana.
COUNCIL ACTION: Start Time: 12:06 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember Lee mentioned two years ago this Council allocated funding in support of the establishment of a gateway sign for the Convoy Pan-Asian Cultural and Business Innovation District located in District 6. He noted the sign was a long dream concept of the Asian and Pacific Islander community. Councilmember Lee shared that last night on the corner of Convoy and Opportunity they got to light up the sign. He stated this sign is a symbol of identity and belonging for an Asian and Pacific Islander community whose stories as immigrants and refugees has often been marked by challenges as a sign that reflects upon hard work, entrepreneurship, and resilience of a community of families and small businesses that found a home in Convoy.
COUNCIL ACTION: Start Time: 11:33 AM
COUNCIL COMMENT-2:
Council President Pro Tem LaCava announced today is the 5th Anniversary of San Diego Community Power. He stated since it launched in 2019, he has seen the rapid growth from a small and feisty start-up to an organization delivering on its mission to deliver cleaner energy and directly investing in the communities we serve. Councilmember LaCava added just recently we were recognized as the Regional Energy Network for the entire County offering resources to areas of concern and creating green jobs in the renewable energy industry. He thanked all those who assisted in the creation of Community Power.
COUNCIL ACTION: Start Time: 11:36 AM
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, October 1, 2024
SPECIAL ORDERS OF BUSINESS
None.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 30: Hispanic Heritage Month.
COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER FOSTER III, COUNCILMEMBER CAMPILLO, AND COUNCILMEMBER MORENO'S RECOMMENDATION:
APPROVED
Proclaiming September 15 to October 15, 2024, to be “Hispanic Heritage Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:05 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Henry L. Foster III.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 31: Carl Demas Day.
COUNCILMEMBER CAMPILLO'S RECOMMENDATION:
APPROVED
Proclaiming October 6, 2024 to be “Carl Demas Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:05 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Henry L. Foster III.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, October 1, 2024
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 50: Pure Water Program – Amendment No. 3 to the Agreement with CH2M Hill Engineers, Inc. for Design Engineering Services for the North City Water Reclamation Plant Expansion and Influent Conveyance Project (H166722).
Total Estimated Cost of Proposed Action and Funding Source:
See Staff Report for fiscal considerations.
Council District(s) Affected: 1.
Proposed Actions:
(O-2025-33) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 15, 2024 Introduction of an Ordinance approving a Third Amendment to the Agreement with CH2M Hill Engineers, Inc. for Design Services for the North City Water Reclamation Plant Expansion and Influent Conveyance Project (H166722).
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on September 12, 2024.
ACTION: Motion by Committee Member Elo-Rivera, second by Chair LaCava, 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: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, October 1, 2024
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 51: Extension of the Contractual Obligations of K-20-1833-DBB-3-A, Otay 1st and 2nd Pipelines West of Highland Avenue, and Additional Total Project Budget Request.
Total Estimated Cost of Proposed Action and Funding Source:
The total project budget of $32,290,500 was previously approved per the Fiscal Year adopted CIP budget. This action is requesting to authorize a fund transfer in the amount of $1,550,000, increasing the total project budget to $33,840,500.
Council District(s) Affected: 3, 9.
Proposed Actions:
(O-2025-37) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 15, 2024 Introduction of an Ordinance authorizing the obligations of construction contract K-20-1833- DBB-3-A for WBS no. S-12016, Otay 1st and 2nd Pipelines – West Of Highland Avenue, with El Cajon Grading And Engineering Co. Inc. to extend beyond five years for an additional one year, not-to-exceed a total of six years.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on September 11, 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: Shadi Sami, (619) 236-7306 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, October 1, 2024
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 52: Authority to Approve Construction Change in Excess of $2M on North City Pure Water Facility and North City Pure Water Pump Station (K-21-1810-DBB-3-A) and Extend the Construction Contract Beyond 5 Years.
Total Estimated Cost of Proposed Action and Funding Source:
Action will authorize increase in pooled contingency appropriations for an amount of $11,360,000 for Construction Change Order 19 and extend contract beyond 5 years.
Council District(s) Affected: 6.
Proposed Actions:
(O-2025-34) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 15, 2024 Introduction of an Ordinance Approving Construction Change Order No. 19 to the Construction Contract with Shimmick Construction Company, Inc. for the North City Pure Water Facility and Pump Station in an Amount Not-to-exceed $11,360,000 and Authorizing the Contract Obligations to Extend Beyond Five Years.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on September 12, 2024.
ACTION: Motion by Vice Chair von Wilpert, 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: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN 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, October 1, 2024
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 53: First Amendments to the As-Needed Professional Environmental Support Services Agreements with Dudek (H186995) and ICF Jones and Stokes, Inc. (H186996).
Total Estimated Cost of Proposed Action and Funding Source:
No-Cost Extension.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2025-18) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 15, 2024 Introduction of an Ordinance authorizing the Mayor, or designee, to execute the First Amendment to the As-Needed Professional Environmental Planning Support Services Agreement with Dudek, Inc. (H186995), extending the Agreement from 60 months to 96 months to complete Outstanding Tasks for CIP projects.
Subitem-A: 6 votes required pursuant to Charter Section 99 Subitem-B: (O-2025-19) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 15, 2024 Introduction of an Ordinance authorizing the Mayor, or designee, to execute the First Amendment to the As-Needed Professional Environmental Planning Support Services Agreement with ICF Jones and Stokes, Inc. (H186996), extending the Agreement from 60 months to 96 months to complete Outstanding Tasks for CIP projects.
Subitem-B: 6 votes required pursuant to Charter Section 99 Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on September 11, 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.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, October 1, 2024
Engineering & Capital Projects: Carrie Purcell, (619) 533-5124 City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 54: North City Water Reclamation Plant Expansion (K-21-1861-DBB-3) Authority to Approve Construction Change Order in the Amount of $16 M and Extend the Construction Contract Beyond 5 Years.
Total Estimated Cost of Proposed Action and Funding Source:
Action will authorize Construction Change in an amount not-to-exceed $16,000,000.00, of which $14,292,800 is available in Pure Water Program ($8,561,600 PWP North City Water Rec Plant Expansion; $3,817,600 from PWP NC Wtr Rec Plant Expansion (W); $1,913,600 from NCPWF Influent Pump Station and Pipeline), $8,561,600 from Metro Sewer CIP, and $5,731,200 from Water Utility CIP; and $1,707,200 in NCWRP Improvements to 30 mgd, $1,536,000 from Metro Sewer CIP, and $171,200 from Water Utility CIP.
Council District(s) Affected: 6.
Proposed Actions:
(O-2025-35) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 15, 2024 Introduction of an Ordinance approving Change Order No. 12 to the Construction Contract with Kiewit Infrastructure West Co. for the North City Water Reclamation Plant Expansion in an amount not-to-exceed $16,000,000 and authorizing the Contract Obligations to Extend Beyond Five Years.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on September 12, 2024.
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, October 1, 2024
ACTION: Motion by Vice Chair von Wilpert, 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: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 55: This item was removed from the Agenda.
Item 56: Ordinance Amending Chapter 3, Article 10, Division 1 of the Municipal Code Regarding the City’s Traffic Control Worker Prevailing Wage Rate Ordinance.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 9/17/2024, Item 50, (Council voted 7-0, Councilmember LaCava-not present, Councilmember Campbell-not present):
(O-2024-130) ADOPTED AS ORDINANCE O-21876 (New Series)
Ordinance amending Chapter 3, Article 10, Division 1, of the San Diego Municipal Code, by retitling Article 10 and Division 1; renumbering and amending old section 310.0102 to new section 310.0101 and old section 310.0101 to new section 310.0102; amending sections 310.0103 and 310.0104; retitling and amending section 310.0105; adding a new section 310.0106; retitling and amending section 310.0107; renumbering old section 310.0106 to new section 310.0108; adding a new section 310.0109; and renumbering and amending old section Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, October 1, 2024
310.0108 to new section 310.0110, relating to the City of San Diego Traffic Control Worker Minimum Wage Ordinance.
Committee Actions Taken:
This item was heard at the Economic Development & Intergovernmental Relations Committee meeting on June 12, 2024.
ACTION: Motion by Chair Campillo, second by Committee Member Foster III, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campillo-yea, Lee-yea, Campbell-yea, Foster III-yea.
Compliance Department: Erin Lea-Endrelunas, (619) 541-1946 City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 100: Adopting an Amended Conflict of Interest Code for the Office of the Mayor.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-84) ADOPTED AS RESOLUTION R-315781
Resolution adopting an amended Conflict of Interest Code for the Office of the Mayor.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the Mayor: Paola Avila, (619) 236-6330
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, October 1, 2024
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 101: Adopting an Amended Conflict of Interest Code for the Office of the City Clerk.
Total Estimated Cost of Proposed Action and Funding Source:
No expenditures are expected from this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-134) ADOPTED AS RESOLUTION R-315782
Resolution adopting an amended Conflict of Interest Code for the Office of the City Clerk.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Clerk: Diana Fuentes, (619) 533-4080 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, October 1, 2024
Item 102: Approval of the Cooperative Procurement Contract Between the City of San Diego and DLT Solutions, LLC for Amazon Web Services Products and Services, and Associated Amazon Products and Services.
Total Estimated Cost of Proposed Action and Funding Source:
Total cumulative not-to-exceed amount over the full term of the agreement (including all option years) is $10,000,000 to be paid from both General and Enterprise funds.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-88) ADOPTED AS RESOLUTION R-315783
Resolution authorizing the Mayor, or his designee, to enter into a Cooperative Procurement Contract with DLT Solutions, LLC for Amazon Web Services Products and Services, and Associated Amazon Products and Services in an amount not-to-exceed $10,000,000 for both the initial term through April 30, 2026, and two optional one-year extensions.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on September 11, 2024.
ACTION: Motion by Council President Pro Tem LaCava, second by Committee Member Foster III, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.
Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, October 1, 2024
Item 103: Ratification of the Emergency Contract with Republic Services for the January 2024 Storm Emergency Debris Assistance Program Services.
Total Estimated Cost of Proposed Action and Funding Source:
The total not-to-exceed amount is $5,000,0000 through June 30, 2025, or until services have been completed.
Council District(s) Affected: 4, 8, 9.
Proposed Actions:
Subitem-A: (R-2025-105) ADOPTED AS RESOLUTION R-315784
Resolution determining that ratification of the emergency contract with Republic Services for the January 2024 storm emergency Debris Assistance Program services is statutorily exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15269.
Subitem-B: (R-2025-104) ADOPTED AS RESOLUTION R-315785
Resolution ratifying an emergency contract with Republic Services for the January 2024 storm emergency Debris Assistance Program services.
Subitem-B: 6 votes required pursuant to SDMC Section 22.3208(b)(2).
Committee Actions Taken:
This item was heard at the Environment Committee meeting on September 12, 2024.
ACTION: Motion by Committee Member Elo-Rivera, second by Committee Member von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.
Environmental Services: Andrea Deleon, (858) 573-1243
City Attorney Contact: William Smith
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, October 1, 2024
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 104: Approval of Increased Expenditure Authority for the As-Needed SAP Consulting Services Contracts.
Total Estimated Cost of Proposed Action and Funding Source:
This request is to increase the cumulative not-to-exceed (NTE) amount from $21,000,000 to $24,132,779 for Contracts between the City of San Diego and the 21 As-Needed SAP Consulting Services Vendors.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-86) ADOPTED AS RESOLUTION R-315786
Resolution authorizing an increase to the cumulative not-to-exceed amount from $21,000,000 to $24,132,779 for the contracts between the City of San Diego and AmickBrown LLC, Atos IT Solutions and Services, Inc., CGI Technologies and Solutions, Inc., Charter Global Inc., Deloitte Consulting, LLP, Ejangar, Inc., EPI-USE America, Inc., Genius Business Solutions, Inc., IBM Corporation, Kastech Solutions LLC, Labyrinth Solutions, Inc., McKinsol Consulting, Inc., NTT Data, Inc., Phoenix Business Inc., Sierra Digital, Inc., SmartSoft Technologies, Inc., Soft HQ, Inc., Tachyon Technologies, LLC, The Peloton Group, LLC, UST Global and V3IT Consulting, Inc. to provide as-needed SAP consulting services to support the Department of Information Technology’s ERP Division.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on September 11, 2024.
ACTION: Motion by Council President Pro Tem LaCava, second by Committee Member Foster III, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.
Department of Information Technology: Arlo Magpantay, (619) 235-5207 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, October 1, 2024
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 105: Execute and Award a 5-Year Contract for As-Needed Sidewalk Slicing Services with Trip Stop Sidewalk Repair, Inc. in an Amount not-to-exceed $7,500,000.
Total Estimated Cost of Proposed Action and Funding Source:
This action will authorize the award of the construction contract in the amount not-to-exceed $7,500,000, from Fund 100000, General Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R 2025-125) ADOPTED AS RESOLUTION R-315787
Resolution authorizing the Mayor, or his designee, to enter into an Agreement with Trip Stop Sidewalk Repair Inc., in an amount not-to-exceed $7,500,000 to provide as-needed sidewalk slicing services.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on September 11, 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.
Transportation Department: Margaret McCormick, (619) 527-8031 City Attorney Contact: Dominic Guglielmo
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, October 1, 2024
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 106: Second Amendment to the Grant Agreement with the County of San Diego for Lead Hazard Investigations and Elimination Services.
Total Estimated Cost of Proposed Action and Funding Source:
This action is for acceptance of grant funding through reimbursements, that will provide an additional $1,121,063 from January 1, 2025, through June 30, 2029, for a total grant amount not-to-exceed $2,008,010 for the enforcement of the Environmental Service's Lead Program.
There are no matching fund requirements for this grant. Please see Staff Report for additional information.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2025-103) ADOPTED AS RESOLUTION R-315788
Resolution determining that the authorization of the second amendment to the sub-grantee agreement with the County of San Diego for grant funding for lead enforcement activities is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections 15301 and 15321.
Subitem-B: (R-2025-102) ADOPTED AS RESOLUTION R-315789
Resolution authorizing a second amendment to the sub-grantee agreement with the County of San Diego for grant funding for lead enforcement activities.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on September 12, 2024.
ACTION: Motion by Vice Chair von Wilpert, 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.
Environmental Services: Jessica Weislogel, (858) 573-1277 City Attorney Contact: William Smith
COUNCIL ACTION: Start Time: 10:08 AM
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, October 1, 2024
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 107: As-Needed Consultant Services Agreement with SCS Engineers, Inc. for Compliance with Applicable Greenhouse Gas Regulations at City of San Diego Landfills.
Total Estimated Cost of Proposed Action and Funding Source:
This item is to execute an Agreement with SCS Engineers for five years in an amount not-toexceed $1,500,000 from the Refuse Disposal Fund.
Council District(s) Affected: 2, 3, 4, 6, 7.
Proposed Actions:
Subitem-A: (R-2025-101) ADOPTED AS RESOLUTION R-315790
Resolution determining that the approval of the as-needed consultant agreement with SCS Engineers, Inc. to provide services for compliance with applicable greenhouse gas regulations at City of San Diego landfills is categorically exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15306.
Subitem-B: (R-2025-100) ADOPTED AS RESOLUTION R-315791
Resolution authorizing an as-needed consultant agreement with SCS Engineers, Inc. to provide services for compliance with applicable greenhouse gas regulations at City of San Diego landfills; and related funding actions.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on September 12, 2024.
ACTION: Motion by Vice Chair von Wilpert, 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.
Environmental Services: James Hay, Deputy Director, (858) 627-3321 City Attorney Contact: William Smith
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, October 1, 2024
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 108: Amendment to Agreement (H2326128) with NV5, Inc., for As-Needed Plan Check and Inspection Services in the Development Services Department.
Total Estimated Cost of Proposed Action and Funding Source:
This action, to approve a first amendment, will extend the agreement through March 2, 2026, and increase the not-to-exceed (NTE) amount by $1,000,000 (total NTE of $3,500,000). The estimated expenditure for Fiscal Year 2025 is $500,000. Funding is available in the Development Services Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-116) ADOPTED AS RESOLUTION R-315792
Resolution amending an agreement (H2326128) with NV5, Inc., for as-needed plan check and inspection services for the Development Services Department to provide additional professional services for an additional $1,000,000 and extending the agreement for an additional year with a new total compensation not-to-exceed amount of $3,500,000.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on September 11, 2024.
ACTION: Motion by Chair Lee, second by Council President Pro Tem LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.
Development Services: Gary Geiler, (619) 446-5366
City Attorney Contact: Noah Brazier
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, October 1, 2024
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 109: Amendment to Agreement (H2326129) with Interwest Consulting Group for AsNeeded Plan Check and Inspection Services in the Development Services Department.
Total Estimated Cost of Proposed Action and Funding Source:
This action, to approve a first amendment, will extend the agreement through March 2, 2026, and increase the not-to-exceed (NTE) amount by $1,000,000 (total NTE of $3,500,000). The estimated expenditure for Fiscal Year 2025 is $500,000. Funding is available in the Development Services Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-117) ADOPTED AS RESOLUTION R-315793
Resolution authorizing an amendment to an agreement (H2326129) with Interwest Consulting Group for as-needed plan check and inspection services for the Development Services Department to provide additional professional services for an amount not-to-exceed $1,000,000 and for a one year extension with a new total compensation for services provided under the agreement not-to-exceed $3,500,000.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on September 11, 2024.
ACTION: Motion by Chair Lee, second by Council President Pro Tem LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.
Development Services: Gary Geiler, (619) 446-5366
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, October 1, 2024
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 110: Award Agreement H2426367 with Richard Brady & Assoc. for the Purpose of Providing Construction Management Professional Services for the Alvarado 2nd Extension Pipeline Project.
Total Estimated Cost of Proposed Action and Funding Source:
Authorization will award a phase-funded Agreement with Richard Brady & Associates, Inc. for construction management professional services for the Alvarado 2nd Extension Pipeline project in an amount not-to-exceed $11,000,000 of which $1,383,964 is for the first phase in Fiscal Year 2025.
Council District(s) Affected: 2, 3, 7, 9.
Proposed Actions:
(R-2025-107) ADOPTED AS RESOLUTION R-315794
Resolution authorizing the award of a phase-funded consultant agreement in an amount not-toexceed $11,000,000 with Richard Brady & Associates, Inc. for construction management professional services for the Alvarado 2nd Extension Pipeline project and related actions.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on September 11, 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: Elif Cetin, (619) 533-3794 Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, October 1, 2024
City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 111: Pure Water Phase 1 CIP Budget – Increase Pooled Contingency.
Total Estimated Cost of Proposed Action and Funding Source:
Authorization of this request will increase pooled contingency by $102,640,000, for an amount not-to-exceed $244,700,000 in total across all Pure Water Phase 1 construction contracts from Water Utility CIP Fund and Metro Sewer CIP Fund.
Council District(s) Affected: 1, 2, 3, 5, 6, 7.
Proposed Actions:
(R-2025-124) ADOPTED AS RESOLUTION R-315795
Resolution authorizing the approval of the increase of the Fiscal Year 2025 Capital Improvements Program Budget by $102,640,000 to fund the Pure Water Pooled Contingency for Phase 1 construction change orders.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on September 12, 2024.
ACTION: Motion by Chair LaCava, second by Vice Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.
Public Utilities: Amy Dorman, (858) 614-5741
City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:08 AM
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, October 1, 2024
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 112: Settlement of Tiffany Vinson v. City of San Diego, San Diego Superior Court No. 37- 2020-00008295-CU-OE-CTL, Claim No. 23686.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $60,000 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-69) ADOPTED AS RESOLUTION R-315796
Resolution authorizing the settlement of Tiffany Vinson v. City of San Diego, San Diego Superior Court Case No. 37-2020-00008295-CU-OE-CTL, related to allegations of whistleblower retaliation and disability discrimination from July 3, 2019, through September 16, 2019. Claim No. 23686.
Committee Actions Taken: N/A
Office of the City Attorney: David M. Florence, (619) 235-5232 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, October 1, 2024
Item 113: Settlement of Denice Simmons, Individually and as Personal Representative of the Estate of Marc Woolf v. City of San Diego, et al., San Diego Superior Court No. 37-2022- 00016872-CU-PO-CTL, Claim No. 28331.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $7,000,000 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-109) ADOPTED AS RESOLUTION R-315797
Resolution authorizing the settlement of Denice Simmons, Individually and as Personal Representative of the Estate of Marc Woolf v. City of San Diego, et al., San Diego Superior Court No. 37-2022-00016872-CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property. Risk Claim No. 28331.
Committee Actions Taken: N/A
Office of the City Attorney: Rayna A. Stephan, (619) 533-5818 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 114: Reappointments to the Climate Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 2, 3, 9.
Proposed Actions:
(R-2025-119) ADOPTED AS RESOLUTION R-315798
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, October 1, 2024
Resolution confirming the Mayor's reappointments of Jason Anderson, JD Weidman, Kelly Mills, Amy Ly, Tanisha-Jean Martin, and Cristina Marquez to the Climate Advisory Board for terms ending August 1, 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: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 115: Appointment to the Planning Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 7.
Proposed Actions:
(R-2025-121) ADOPTED AS RESOLUTION R-315799
Resolution confirming the Mayor's appointment of Jeana Renger to the Planning Commission for a term ending January 28, 2028.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, October 1, 2024
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item 330: Palm & Hollister Apartments, Project No. PRJ-0698277.
Total Estimated Cost of Proposed Action and Funding Source:
All costs associated with this action are paid from a deposit account maintained by the applicant.
Council District(s) Affected: 8.
Proposed Actions:
Community Plan Amendment, Rezone, Site Development Permit, Neighborhood Development Permit, Multi-Habitat Planning Area Boundary Line Adjustment, and a Vesting Tentative Map to demolish a vacant residential structure and out-buildings to construct a total of 198 multiple dwelling units, including eight affordable residential units, in 13 buildings. The project site is proposed to be rezoned from AR1-2, RM-1-1, and RS-1-7 to RM-2-6 and the project would amend the Otay Mesa-Nestor Community Plan to redesignate the community plan land use from Open Space, Mixed-Use, and Residential Low Density (5-10 du/ac) to Residential Medium-High Density (20 – 35 du/ac) and remove View and Access Points A and B from Appendix C. The
5.92-acre site is located at 555 Hollister Street (APN 319-020-04) within the Otay Mesa-Nestor Community Plan area. An Environmental Impact Report with findings and statement of overriding considerations and a Mitigation, Monitoring, and Reporting Program has been prepared for the project.
Subitem-A: (R-2025-96) ADOPTED AS RESOLUTION R-315802
Resolution certifying Environmental Impact Report No. PRJ-0698277/ SCH NO. 2022060468, adopting Findings and Statement of Overriding Considerations, and adopting a Mitigation, Monitoring, and Reporting Program.
Subitem-A: This item is not subject to the Mayor's veto.
Subitem-B: (R-2025-97) ADOPTED AS RESOLUTION R-315803
Resolution approving Site Development Permit No. PMT-2587528, Neighborhood Development Permit No. PMT-3288228, and a Multi-Habitat Planning Area boundary line adjustment.
Subitem-B: This item is not subject to the Mayor's veto.
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, October 1, 2024
Subitem-C: (R-2025-98) ADOPTED AS RESOLUTION R-315804
Resolution adopting amendments to the Otay Mesa-Nestor Community Plan to redesignate the
5.92 acre site located at 555 Hollister Street from Open Space, Mixed Use, and Residential Low Density to Residential Medium-High Density.
Subitem-C: This item is not subject to the Mayor's veto.
Subitem-D: (R-2025-99) ADOPTED AS RESOLUTION R-315805
Resolution approving Vesting Tentative Map No. PMT-2587526.
Subitem-D: This item is not subject to the Mayor's veto.
Subitem-E: (O-2025-30) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 15, 2024 Introduction of an Ordinance rezoning 5.92 acres located within the Otay Mesa-Nestor Community Plan area from Residential Multiple (RM-1-1), Residential Single (RS-1-7), and Agricultural Residential (AR-1-2) zones to the Residential Multiple (RM-2-6) Zone.
Subitem-E: This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Oscar Galvez III, (619) 446-5237
City Attorney Contact: Lauren Hendrickson
COUNCIL ACTION: Start Time: 3:10 PM
Public testimony by Robert Honer, Duncan Budinger, Joe Sunyata, Cesar Javier, Julie Porter, Rachel Hayes, Alexis Soto, TheOriginalDra, and Lori Saldaña.
MOTION BY VIVIAN MORENO TO ADOPT THE RESOLUTIONS IN SUBITEMS A, B, C, AND D; AND INTRODUCE THE ORDINANCE IN SUBITEM E. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
NOTE: The following Proclamation was NOT presented in Council Chambers.
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, October 1, 2024
Item S500: Cox Communications Digital Equity Day.
COUNCILMEMBER FOSTER III'S RECOMMENDATION:
APPROVED
Proclaiming October 1, 2024, to be the “Cox Communications Digital Equity Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 11:05 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Henry L. Foster III.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item S501: A Resolution of the Council of the City of San Diego Requesting a National Emergency from the Federal Government and for the Federal Government to Fully Fund the United States Environmental Protection Agency’s Comprehensive Infrastructure Solution for the Tijuana River.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-123 Cor. Copy) ADOPTED AS RESOLUTION R-315806
Resolution Requesting a National Emergency from the Federal Government and for the Federal Government to Fully Fund the United States Environmental Protection Agency’s Comprehensive Infrastructure Solution for the Tijuana River.
Committee Actions Taken: N/A
Council District 8: Robert Broomfield, (619) 236-6688
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 2:08 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, October 1, 2024
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item S502: Second Amendment to the Agreement with Dreams for Change for the Safe Sleeping Program at 20th & B.
Total Estimated Cost of Proposed Action and Funding Source:
This second amendment will increase the budget by $338,585.30, in an amount not-to-exceed $1,900,450.73 during any option period during the term of the agreement. $1,602,043 in funding in FY25 will be made available within the approved budget for Safe Sleeping, and $298,407 funded through savings as identified by City Council through the adoption of the Fiscal Year 2025 Budget (R-315627).
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2025-147) ADOPTED AS RESOLUTION R-315807
Resolution determining that approval of the Second Amendment to the Agreement with Dreams for Change for the Safe Sleeping Program at 20th & B Operations Yard is categorically exempt from the California Environmental Quality Act under Title 14 California Code of Regulations section 15301.
Subitem-B: (R-2025-148) ADOPTED AS RESOLUTION R-315808
Resolution approving the Second Amendment to the Agreement with Dreams for Change for the Safe Sleeping Program at 20th & B Operations Yard.
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 4:35 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Sean Elo-Rivera.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, October 1, 2024
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item S503: First Amendment to the Agreement with Downtown San Diego Partnership Foundation for Safe Sleeping Program Operations at O Lot.
Total Estimated Cost of Proposed Action and Funding Source:
Increase the not-to-exceed amount of the Downtown San Diego Partnership Foundation contract by $8,071,192.60, from $1,260,782 to $9,331,974.60 to cover funding for all option periods. Approximately $829,203.31 to fund the expanded capacity will be funded through FY25 anticipated savings realized from the inclement weather shelter at the Old Central Library and other shelter program ancillary costs
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2025-144) ADOPTED AS RESOLUTION R-315809
Resolution determining that the approval of the First Amendment to the Agreement with Downtown San Diego Partnership Foundation for Safe Sleeping Program Operations at O Lot is categorically exempt from the California Environmental Quality Act pursuant to section 15301.
Subitem-B: (R-2025-143) ADOPTED AS RESOLUTION R-315810
Resolution authorizing the Mayor, or designee, to execute the First Amendment to the Agreement with Downtown San Diego Partnership Foundation for Safe Sleeping Program Operations at O Lot in an amount not-to-exceed $9,331,974.60 contingent on annual appropriations, of which Fiscal Year 2025 expenditures are not-to-exceed $2,121,693.31, modify the initial Agreement term to expire June 30, 2025 with three one-year options to extend the Agreement, and clarify O Lot's location.
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 4:35 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Sean Elo-Rivera.
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, October 1, 2024
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item S504: Second Amendment to the Agreement with Dreams for Change for Safe Sleeping Program Operations at O Lot.
Total Estimated Cost of Proposed Action and Funding Source:
This item will increase the contract not-to-exceed amount by $10,130,610.30, from $2,928,106.36 to $13,058,716.49 for the term of the agreement including all option years, pending annual appropriation by council. Funding in FY25 will be made available within the approved budget for Safe Sleeping.
Council District(s) Affected: 3.
Proposed Actions:
Subitem-A: (R-2025-146) ADOPTED AS RESOLUTION R-315811
Resolution determining that the approval of the Second Amendment to the Agreement with Dreams for Change for Safe Sleeping Program Operations at O Lot is categorically exempt from the California Environmental Quality Act pursuant to section 15301.
Subitem-B: (R-2025-145) ADOPTED AS RESOLUTION R-315812
Resolution authorizing the Mayor, or designee, to execute the Second Amendment to the Agreement with Dreams for Change for Safe Sleeping Program Operations at O Lot in an amount not-to-exceed $13,058,716.49 contingent on annual appropriations, of which Fiscal Year 2025 expenditures are not-to-exceed $2,928,106.19, and modify the initial Agreement term to expire June 30, 2025, with three one-year options to extend the Agreement.
Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 4:35 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Sean Elo-Rivera.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, October 1, 2024
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item S505: Settlement of Bird Global, Inc., et al., United States Bankruptcy Court, Southern District of Florida, Miami Division, Case Nos. 23-20514-CLC through 23-20518-CLC.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $750,000 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-110 Cor. Copy 2) ADOPTED AS RESOLUTION R-315800 Resolution authorizing the City’s contribution to the Tort Claim Trust in Bird Global, Inc. 's courtapproved bankruptcy plan.
Committee Actions Taken: N/A
Office of the City Attorney: Shawn M. Robinson, (619) 236-7728 City Attorney Contact: Shawn M. Robinson
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item S506: Department of Housing and Urban Development (HUD) Pathways to Removing Obstacles to Housing (PRO Housing) Round 2 Grant.
Total Estimated Cost of Proposed Action and Funding Source:
Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, October 1, 2024
This action will allow the City of San Diego to apply, accept, and expend grant funds in the amount of $7 Million. Grant funds will be used for consultant costs related to Small-scale Neighborhood Homes Initiative and for DIF fee relief for affordable homes that further the City’s fair housing goals. Matching funds are not required however, City staff time will be offered as an in-kind match for a total of $150,000.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-153) ADOPTED AS RESOLUTION R-315801
Resolution authorizing application for and receipt and expenditure of United States Department of Housing and Urban Development Pathways to Removing Obstacles to Housing Grant funds in an amount not-to-exceed $7 million for the Small-Scale Neighborhood Homes Initiative and Development Impact Fees Credit for Affordable Homes Program.
Committee Actions Taken: N/A
Planning: Angela Dang, (619) 236-6621
City Attorney Contact: Jeanne MacKinnon
COUNCIL ACTION: Start Time: 10:27 AM
MOTION BY KENT LEE TO ADOPT. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
Item S507: Short-Term Action Plan on Homelessness.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-152 Rev.) ADOPTED AS AMENDED AS RESOLUTION R-315813 Resolution confirming support and implementation of the Short-Term Action Plan to replace 614 shelter beds at Golden Hall and the Paul Mirabile Center.
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, October 1, 2024
Committee Actions Taken: N/A
Council District 9: Maya Rosas, (619) 236-6699
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 3:44 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT THE RESOLUTION AS AMENDED TO REVISE THE FOLLOWING LANGUAGE TO READ: “SAFE SLEEPING, SAFE PARKING, AND UNDERUTILIZED
SHELTER BEDS THROUGHOUT THE SYSTEM, DIVERSION AND FINANCIAL ASSISTANCE, AND NON-CONGREGATE SHELTER OPTIONS FOR SENIORS AND FAMILIES.” Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Raul A. Campillo.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, October 1, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera 5:25 p.m. in honor of the memory of:
James “Eric” Hereford as requested by Councilmember Foster.
COUNCIL ACTION: Start Time: 5:23 PM