THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, OCTOBER 8, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 LAND ACKNOWLEDGEMENT .................................................................................................5 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 SPECIAL ORDERS OF BUSINESS ...........................................................................................7 Item 30: City of San Diego Employee Appreciation Month......................................................7 Item 50: Award a Contract to Sherpa Government Solutions LLC for Budgeting and Forecasting System, Implementation, and Ongoing Support .....................................................................8 Item 51: Approval of the Second Amendment to the Consulting Agreement with Janelle Iglesias for the Pacific Highlands Ranch Branch Library Public Art Project (H187020) ............................9 Item 52: Amendments to the San Diego Municipal Code to Establish the Cultural Affairs Department and to Align the Duties and Functions of the Commission for Arts and Culture with Their Actual Practice and City Budgetary Processes ..............................................................10 Item 53: This Item was moved to Item S506 on the Discussion Agenda................................11 Item 54: Amendments to the Rules of Council.....................................................................11 Item 100: Rescind the Portion of Resolution R-313627 Declaring 5680 Genoa Dr., San Diego, CA (APN 462-121-03) (Property) “Surplus Land,” Declare that the Property is “Exempt Surplus Land” Pursuant to California Government Code Section 54221(f)(1)(B), Authorize the Sale of the Property at or Above the Appraised “Fair Market” Value, and Pay Flat Rate Fees to the City’s Minutes of Tuesday, October 8, 2024 Page
2 Table of Contents (Continued)
Broker (Coldwell Banker West) and to the Buyer’s Broker in an amount not-to-exceed $50,000 in the Aggregate................................................................................................................13 Item 101: Award Contract with J.R. Filanc Construction Company, Inc. for Purposes of Providing Design and Construction Services for the Pump Station 1 Improvements and Modernization Project.........................................................................................................14 Item 102: Adopting an Amended Conflict of Interest Code for the Parks and Recreation Department.......................................................................................................................15 Item 103: Agreement Between the City of San Diego and the San Diego Municipal Employees Association to Amend the Memorandum of Understanding Related to Uniform Reimbursement and Allowance for the Park Ranger Classification Series ........................................................16 Item 104: Consideration of a Resolution of the Council of the City of San Diego Directing the City's Management Team for Labor Relations to Engage in Collective Bargaining, as Required by the Meyers-Milias-Brown Act, related to Proposed San Diego Municipal Code Amendments Adding Whistleblower Protections........................................................................................17 Item 105: Settlement of Jeffrey Allen Welsh, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2022-00040747-CU-EI-CTL, Risk No. 29335 .............................................19 Item 106: Settlement of Laura Ann Brickley v. City of San Diego et al., San Diego Superior Court No. 37-2023-00005997-CU-PO-CTL, Claim No. 31080 ..................................................19 Item 107: Settlement of Property Damage Claim of Flatiron West, Inc. Claim No. 30798 ........... ........................................................................................................................................20 Item 108: Appointment to the Citizens Equal Opportunity Commission..................................21 Item 109: Appointment to the Senior Affairs Advisory Board ................................................22 Item 110: Appointment to the Small Business Advisory Board ..............................................23 Item 330: Master Lease Agreement to Finance One Fire-Rescue Helicopter and General Fund Vehicles and Equipment .....................................................................................................23 Item 331: Award 5-year Contract for As Needed Ready-Mix Concrete and Delivery to Pedroza Ready Mix (ITB 10090052-24-C) .........................................................................................25 Item S500: St. Patrick School Day......................................................................................26 Item S501: World Homeless Day........................................................................................26 Item S502: Pacific BeachFest 25th Anniversary Day.............................................................27 Minutes of Tuesday, October 8, 2024 Page
3 Table of Contents (Continued)
Item S503: Tree San Diego’s 10th Anniversary Day.............................................................27 Item S504: Dwight Worden Day.........................................................................................28 Item S505: San Diego Writers, Ink Day ..............................................................................28 Item S506: Approval of the Joint Use Agreements Between the City and San Diego Unified School District for Angier Elementary, Barnard Elementary, Ericson Elementary, Wegeforth Elementary, Whitman Elementary, and Zamarano Elementary Schools...................................29 REPORT OUT FROM CLOSED SESSION................................................................................30 ADJOURNMENT .................................................................................................................31 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, October 8, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:03 a.m. Councilmember Foster arrived to the meeting at 10:05 a.m. The meeting was adjourned by Council President Elo-Rivera at 11:32 a.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-7 Councilmember Raul A. Campillo
CD-9 Council President Sean Elo-Rivera
ABSENT:
CD-2 Councilmember Jennifer Campbell
CD-8 Councilmember Vivian Moreno
CITY CLERK:
Fuentes (km)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-not present
(3) Councilmember Whitburn-present
(4) Councilmember Foster-not present
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-not present
(9) Council President Elo-Rivera-present
LAND ACKNOWLEDGEMENT
Statement read by Councilmember Whitburn.
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, October 8, 2024
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Whitburn.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Joy Sunyata commented on Declaration of Independence San Diego/Tijuana.
COUNCIL ACTION: Start Time: 11:16 AM
PUBLIC COMMENT-2:
George Cook commented on budget.
COUNCIL ACTION: Start Time: 11:19 AM
PUBLIC COMMENT-3:
Jeff Barlett commented on the City’s duty to promote the general welfare of the people.
COUNCIL ACTION: Start Time: 11:20 AM
PUBLIC COMMENT-4 (virtual):
Becky Rapp commented on misconception regarding vaping.
COUNCIL ACTION: Start Time: 11:21 AM
PUBLIC COMMENT-5 (virtual):
Megan Stuart commented on mental health issues and increased drug and marijuana use in youth.
COUNCIL ACTION: Start Time: 11:23 AM
PUBLIC COMMENT-6 (virtual):
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, October 8, 2024
Kathleen Lippitt commented on rally at Pacific Beach on October 9th regarding land use decisions.
COUNCIL ACTION: Start Time: 11:25 AM
PUBLIC COMMENT-7 (virtual):
Judi Strang commented on US News and World Report and marijuana use.
COUNCIL ACTION: Start Time: 11:28 AM
PUBLIC COMMENT-8 (virtual):
Madison Rapp commented on health risks associated with vaping.
COUNCIL ACTION: Start Time: 11:30 AM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember Campillo thanked City Clerk Diana Fuentes and her office for all their great work. He noted City Clerk Diana Fuentes puts fairness in how she deals with the public and acknowledged what a good public servant she is.
COUNCIL ACTION: Start Time: 10:13 AM
CITY CLERK COMMENT:
City Clerk Fuentes announced the ballots for the November 2024 Election have been mailed out by the Registrar of Voters and encouraged everyone to vote. She reminded everyone of the ballot drop box in front of City Hall. She noted that you can go to SDvote.com to find your nearest drop box or voting center.
COUNCIL ACTION: Start Time: 10:14 AM
SPECIAL ORDERS OF BUSINESS
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, October 8, 2024
None.
NOTE: The following Proclamation was NOT presented in Council Chambers.
Item 30: City of San Diego Employee Appreciation Month.
MAYOR GLORIA AND COUNCIL PRESIDENT ELO-RIVERA'S, COUNCIL PRESIDENT PRO TEM LACAVA, AND COUNCILMEMBER HENRY FOSTER III'S RECOMMENDATION:
APPROVED
Proclaiming the month of October 2024 to be “City of San Diego Employee Appreciation Month” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 50: Award a Contract to Sherpa Government Solutions LLC for Budgeting and Forecasting System, Implementation, and Ongoing Support.
Total Estimated Cost of Proposed Action and Funding Source:
This action is requesting budgeting and forecasting software as a service (SaaS), including implementation, and ongoing support, from Sherpa Government Solutions LLC in the amount not-to-exceed $4,263,912.82 for five years, with a city option for five additional one-year periods. Refer to accounting table for details.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2025-29) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 29, 2024 Introduction of an Ordinance authorizing the Mayor, or designee, to enter into an Agreement with Sherpa Government Solutions LLC for its budgeting and forecasting system in a total amount not-to-exceed $4,263,912.82 for up to ten years.
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, October 8, 2024
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on September 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.
Department of Finance: Benjamin Battaglia, (619) 533-3717 City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 51: Approval of the Second Amendment to the Consulting Agreement with Janelle Iglesias for the Pacific Highlands Ranch Branch Library Public Art Project (H187020).
Total Estimated Cost of Proposed Action and Funding Source:
This action appropriates an additional $40,000 from CIP Pacific Highlands Ranch Branch Library Fund, for a total contract amount of $205,000.
Council District(s) Affected: 1.
Proposed Actions:
Adopt the following Ordinance which was introduced on 9/24/2024, Item 50, (Council voted 7-0, Councilmember Campbell and Councilmember Campillo-not present) (O-2025-23) ADOPTED AS ORDINANCE O-21877 (New Series)
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, October 8, 2024
Ordinance authorizing the Mayor, or his designee, to execute the Second Amendment to the Consulting Agreement with Janelle Iglesias subject to Charter Section 99, for an additional amount of $40,000 for a total contract amount not-to-exceed $205,000, in connection with the Pacific Highlands Ranch Branch Library Public Art Project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on September 4, 2024.
ACTION: Motion by Chair Campillo, second by Vice Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campillo-yea, Lee-yea, Foster III-yea, Campbell-not present.
Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 52: Amendments to the San Diego Municipal Code to Establish the Cultural Affairs Department and to Align the Duties and Functions of the Commission for Arts and Culture with Their Actual Practice and City Budgetary Processes.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, October 8, 2024
Adopt the following Ordinance which was introduced on 9/24/2024, Item 51, (Council voted 7-0, Councilmember Campbell and Councilmember Campillo-not present) (O-2025-25) ADOPTED AS ORDINANCE O-21878 (New Series)
Ordinance amending Chapter 2, Article 2, Division 18 of the San Diego Municipal Code by amending Section 22.1801, and by adding new Division 59, Sections 22.5901 through 22.5915, and by amending Chapter 2, Article 6, Division 7 by amending Sections 26.0701, 26.0702,
26.0704, and 26.0705, and by repealing Sections 26.0712 through 26.0728, all relating to the Commission for Arts and Culture.
6 votes required pursuant to Charter Section 26.
Committee Actions Taken:
This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on September 4, 2024.
ACTION: Motion by Chair Campillo, second by Vice Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Campillo-yea, Lee-yea, Foster III-yea, Campbell-not present.
Office of the Chief Operating Officer: Casey Smith, (619) 236-6573 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 53: This Item was moved to Item S506 on the Discussion Agenda.
Item 54: Amendments to the Rules of Council.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, October 8, 2024
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 9/24/2024, Item S500 (Council voted 7- 0, Councilmember Campbell and Councilmember Campillo-not present):
(O-2025-32) ADOPTED AS ORDINANCE O-21879 (New Series)
Ordinance amending Chapter 2, Article 2, Division 1 of the San Diego Municipal Code by amending Section 22.0101, relating to the Rules of Council.
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on September 4, 2024.
ACTION: Motion by Committee Member Campillo, second by Council President Pro Tem LaCava, to recommend City Council adoption of proposed amendments to the Rules of Council.
VOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Lee-yea, Campillo-yea, Moreno-yea.
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 100: Rescind the Portion of Resolution R-313627 Declaring 5680 Genoa Dr., San Diego, CA (APN 462-121-03) (Property) “Surplus Land,” Declare that the Property is “Exempt Surplus Land” Pursuant to California Government Code Section 54221(f)(1)(B), Authorize the Sale of the Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, October 8, 2024
Property at or Above the Appraised “Fair Market” Value, and Pay Flat Rate Fees to the City’s Broker (Coldwell Banker West) and to the Buyer’s Broker in an amount not-to-exceed $50,000 in the Aggregate.
Total Estimated Cost of Proposed Action and Funding Source:
Proceeds from the sale, net of costs related to the sale, are estimated to be over one million dollars ($1,000,000) and will be deposited in the Capital Outlay Fund. Independent Consideration will be deposited into the General Fund.
Council District(s) Affected: 7.
Proposed Actions:
Subitem-A: (R-2025-82) ADOPTED AS RESOLUTION R-315814
Resolution determining that the City Council's declaration that the City-owned real property located at 5680 Genoa Drive, San Diego, California (APN 462-121-03) is exempt surplus land and authorization of the City's sale of the property is categorically exempt from the California Environmental Quality Act under CEQA Guidelines section 15312.
Subitem-B: (R-2025-81) ADOPTED AS RESOLUTION R-315815
Resolution (1) rescinding the portion of Resolution R-313627 declaring that the City-owned real property located at 5680 Genoa Drive, San Diego, California (APN 462-121-03) is surplus land; (2) declaring that the same property is exempt surplus land; and (3) authorizing the sale of the property and payment of real estate brokerage commissions related thereto.
Committee Actions Taken:
This item was heard at the Land Use and Housing Committee meeting on September 19, 2024.
ACTION: Motion by Councilmember Moreno, 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.
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, October 8, 2024
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 101: Award Contract with J.R. Filanc Construction Company, Inc. for Purposes of Providing Design and Construction Services for the Pump Station 1 Improvements and Modernization Project.
Total Estimated Cost of Proposed Action and Funding Source:
The cost of this agreement is not-to-exceed $93,282,580 for a term of 60 months; of which $15,282,580 is for the first phase from CIP L-24000, PS 1 & 2 Improvements & Modernization (L-24000.1, PS 1 Improvements & Modernization), Fund 700009, Metro Sewer CIP.
Council District(s) Affected: 8.
Proposed Actions:
Subitem-A: (R-2025-128) ADOPTED AS RESOLUTION R-315816
Resolution determining that the Pump Station 1 Improvements and Modernization Project is exempt from the California Environmental Quality Act pursuant to Sections 15301 and 15302 of the CEQA Guidelines.
Subitem-B: (R-2025-127) ADOPTED AS RESOLUTION R-315817
Resolution authorizing the Mayor, or his designee, to enter into a contract with J.R. Filanc Construction Company, Inc., in an amount not-to-exceed $92,282,580, to provide design and construction services for the Pump Station 1 Improvements and Modernization 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: Shadi Sami, (619) 236-7306 City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 10:07 AM
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, October 8, 2024
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 102: Adopting an Amended Conflict of Interest Code for the Parks and Recreation Department.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-133) ADOPTED AS RESOLUTION R-315818
Resolution adopting an amended Conflict of Interest Code for the Parks and Recreation Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Parks & Recreation: Michele Kelley, (619) 533-6446
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, October 8, 2024
Item 103: Agreement Between the City of San Diego and the San Diego Municipal Employees Association to Amend the Memorandum of Understanding Related to Uniform Reimbursement and Allowance for the Park Ranger Classification Series.
Total Estimated Cost of Proposed Action and Funding Source:
Based on the number of employees who are currently eligible to receive the allowance, the anticipated financial impacts are $948 in FY 2024 and $4,740 in FY 2025. The department will absorb the cost through their operating budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-138) ADOPTED AS RESOLUTION R-315819
Resolution approving an Agreement between the City of San Diego and San Diego Municipal Employees Association, to amend Articles 43, 44, and Appendix B of the Memorandum of Understanding related to Uniform Reimbursement and Allowance for the Park Ranger classification series.
6 votes required pursuant to Charter Section 11.2.
Committee Actions Taken: N/A
Human Resources: Kirsten McGinn, (619) 666-2369
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 104: Consideration of a Resolution of the Council of the City of San Diego Directing the City's Management Team for Labor Relations to Engage in Collective Bargaining, as Required by the Meyers-Milias-Brown Act, related to Proposed San Diego Municipal Code Amendments Adding Whistleblower Protections.
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, October 8, 2024
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-112) ADOPTED AS RESOLUTION R-315820
Resolution directing the City's management team for labor relations to engage in collective bargaining, as required by the Meyers-Milias-Brown Act, related to proposed San Diego Municipal Code amendments adding whistleblower protections.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on July 24, 2024.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to move Item 1 to full Council and request the Office of the City Attorney work with the City Auditor and the Ethics Commission to draft language, including, but not limited to, reporting and investigation of cases.
VOTE: 4-1; Elo-Rivera-yea, LaCava-yea, Lee-yea, Campillo-yea, Moreno-nay.
Office of the City Attorney: Mara W. Elliott, City Attorney, (619) 533-5800 City Attorney Contact: David Karlin
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 105: Settlement of Jeffrey Allen Welsh, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2022-00040747-CU-EI-CTL, Risk No. 29335.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $300,000 will be paid from Public Liability Fund.
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, October 8, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-113) ADOPTED AS RESOLUTION R-315821
Resolution authorizing the settlement of Jeffrey Allen Welsh, et al. v. City of San Diego, San Diego Superior Court Case No. 37-2022-00040747-CU-EI-CTL related to an inverse condemnation claim as a result of multiple flooding events from November 2019 through December 2021, at 2320 Adams Avenue. Claim No. 29335.
Committee Actions Taken: N/A
Office of the City Attorney: Catherine Turner, (619) 533-6486 COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 106: Settlement of Laura Ann Brickley v. City of San Diego et al., San Diego Superior Court No. 37-2023-00005997-CU-PO-CTL, Claim No. 31080.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $85,000 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-114) ADOPTED AS RESOLUTION R-315822
Resolution authorizing the settlement of Laura Ann Brickley v. City of San Diego et al., San Diego Superior Court Case No. 37-2023-00005997-CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property, on October 2, 2022, Claim No. 31080.
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, October 8, 2024
Office of the City Attorney: Rayna A. Stephan, (619) 533-5818 COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 107: Settlement of Property Damage Claim of Flatiron West, Inc. Claim No. 30798.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $103,715.56 will be paid from Water Utility Operating Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-83) ADOPTED AS RESOLUTION R-315823
Resolution authorizing the settlement of a pre-litigation claim filed by Flatiron West, Inc., alleging property damage stemming from a fire hydrant lateral break at Sherman Street that occurred on May 5, 2022. Claim No. 30798.
Committee Actions Taken: N/A
Office of the City Attorney: Dave E. Abad, (619) 533-5821 COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, October 8, 2024
Item 108: Appointment to the Citizens Equal Opportunity Commission.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 5.
Proposed Actions:
(R-2025-139) ADOPTED AS RESOLUTION R-315824
Resolution confirming the Mayor's appointment of Lola Adeyemo to the Citizens Equal Opportunity Commission for a term ending January 1, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 109: Appointment to the Senior Affairs 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: 7.
Proposed Actions:
(R-2025-140) ADOPTED AS RESOLUTION R-315825
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, October 8, 2024
Resolution confirming the Mayor's appointment of William Peetoom to the Senior Affairs Advisory Board for a term ending May 31, 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: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 110: Appointment to the Small Business 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: 9.
Proposed Actions:
(R-2025-122) ADOPTED AS RESOLUTION R-315826
Resolution confirming the Mayor's appointment of Juliet Terramin to the Small Business Advisory Board for a term ending July 1, 2025.
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, October 8, 2024
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 330: Master Lease Agreement to Finance One Fire-Rescue Helicopter and General Fund Vehicles and Equipment.
Total Estimated Cost of Proposed Action and Funding Source:
Please refer to the Fiscal Considerations section of the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2025-39) INTRODUCED, TO BE ADOPTED TUESDAY, OCTOBER 29, 2024 Introduction of an Ordinance approving the City of San Diego’s Master Lease Agreement with Banc of America Public Capital Corporation for the purpose of financing one Fire-Rescue helicopter and certain essential vehicles and equipment in an amount not-to-exceed $40,000,000 and declaring its official intent to reimburse itself from the proceeds of tax-exempt lease-purchase obligations.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on September 11, 2024.
ACTION: Motion by Committee Member Moreno, second by Chair Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.
Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 10:45 AM
MOTION BY MARNI VON WILPERT TO INTRODUCE. Second by Kent Lee.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, October 8, 2024
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item 331: Award 5-year Contract for As Needed Ready-Mix Concrete and Delivery to Pedroza Ready Mix (ITB 10090052-24-C).
Total Estimated Cost of Proposed Action and Funding Source:
The total not-to-exceed amount for the contract is $30,000,000 for concrete delivery. Of the $30,000,000, Transportation Department is estimated to use $16,515,478, Public Utilities Department $8,509,187, and Storm Water Department $4,975,335.00.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-118) ADOPTED AS RESOLUTION R-315827
Resolution authorizing the award of an as-needed ready-mix concrete material supply and delivery agreement in an amount not-to-exceed $30 million with Fred Pedroza Trucking, Inc. dba Pedroza Ready Mix, and related actions.
Committee Actions Taken: N/A
Transportation Department: Patrick Hadley, (619) 527-7504 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 10:59 AM
MOTION BY RAUL A. CAMPILLO 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, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, October 8, 2024
Item S500: St. Patrick School Day.
MAYOR GLORIA AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:
APPROVED
Proclaiming October 12, 2024, to be “St. Patrick School Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item S501: World Homeless Day.
COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM LACAVA, COUNCILMEMBER WHITBURN, AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming October 10, 2024, to be “World Homeless Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item S502: Pacific BeachFest 25th Anniversary Day.
COUNCIL PRESIDENT PRO TEM LACAVA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, October 8, 2024
APPROVED
Proclaiming October 5, 2024, to be “Pacific BeachFest 25th Anniversary Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item S503: Tree San Diego’s 10th Anniversary Day.
COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:
APPROVED
Proclaiming October 10, 2024, to be “Tree San Diego’s 10th Anniversary Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item S504: Dwight Worden Day.
COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:
APPROVED
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, October 8, 2024
Proclaiming September 20, 2024, to be “Dwight Worden Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item S505: San Diego Writers, Ink Day.
COUNCILMEMBER VON WILPERT'S RECOMMENDATION:
APPROVED
Proclaiming October 10, 2024, to be “San Diego Writers, Ink Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:15 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Raul A. Campillo.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.
Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell, Vivian Moreno.
Item S506: Approval of the Joint Use Agreements Between the City and San Diego Unified School District for Angier Elementary, Barnard Elementary, Ericson Elementary, Wegeforth Elementary, Whitman Elementary, and Zamarano Elementary Schools.
Total Estimated Cost of Proposed Action and Funding Source:
The City's annual maintenance of these joint use facilities is included in the Parks and Recreation Annual Department Budget.
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, October 8, 2024
Council District(s) Affected: 1, 2, 4, 6, 7.
Proposed Actions:
Adopt the following Ordinance which was introduced on 9/24/2024, Item 57, Subitem-A (Council voted 7-0, Councilmember Campbell-not present and Councilmember Lee-recused):
(O-2025-24) ADOPTED AS ORDINANCE O-21880 (New Series)
Ordinance authorizing the Mayor, or his designee, to enter into six Agreements with the San Diego Unified School District for construction, operation, maintenance, and use of Joint Use Facilities at Angier Elementary School, Barnard Elementary School, Ericson Elementary School, Wegeforth Elementary School, Whitman Elementary School, and Zamarano Elementary School. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Community and Neighborhood Services Committee meeting on July 24, 2024.
ACTION: Motion by Committee member von Wilpert, second by Committee member Campillo, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Campbell-yea, Foster III-yea, von Wilpert-yea, Campillo-yea.
Parks & Recreation: Shannon Scoggins, (619) 236-6894
City Attorney Contact: Catherine Morrison
COUNCIL ACTION: Start Time: 10:43 AM
MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Stephen Whitburn.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Raul A. Campillo, Sean Elo-Rivera;
Nay: (None);
Recused: Kent Lee;
Not Present: Jennifer Campbell, Vivian Moreno.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, October 8, 2024
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, October 8, 2024
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 11:32 a.m.
COUNCIL ACTION: Start Time: 11:32 AM