THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, NOVEMBER 12, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................5 ATTENDANCE DURING THE MEETING...................................................................................5 ROLL CALL ..........................................................................................................................5 LAND ACKNOWLEDGEMENT .................................................................................................6 PLEDGE OF ALLEGIANCE......................................................................................................6 NON-AGENDA PUBLIC COMMENT .........................................................................................6
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................8 SPECIAL ORDERS OF BUSINESS ...........................................................................................8 Item 30: Chris Adamson Day...............................................................................................8 Item 31: 18th Annual APAMSA Hepatitis Conference Hepatitis B & C Awareness and Prevention Day ....................................................................................................................................9 Item 50: Awarding a Contract to EnCode as the Successful Bidder to Request For Proposal Number 10090138-24-B for Municipal Code and Governing Documents Hosting Software ........... ..........................................................................................................................................9 Item 51: First Amendment to the Contract with Focus Psychological Services, Inc. for Comprehensive Psychological Services.................................................................................10 Item 52: Amend the Administrative Code of the San Diego Municipal Code (SDMC) to Update the List and Descriptions of City Departments – Strategic Capital Projects Department and Engineering and Capital Projects Department Merge.............................................................12 Item 53: Second Amendment to the Funding Agreement with the San Diego County Water Authority for the Hodges Watershed Improvement Project....................................................13 Minutes of Tuesday, November 12, 2024 Page 2
Table of Contents (Continued)
Item 54: Award a Construction Contract, K-24-2115-DBB-3-A-C to Reyes Construction, Inc. and Extend the Contract Duration Beyond Five Years for the Purpose of Providing Construction Services for the South Mission Beach Storm Drain and Green Infrastructure Project................14 Item 55: Award a First Amendment to the Consultant Agreement with Platt Whitelaw Architects, Inc., with the Purpose of Providing Professional Services for the Design and Construction Support of Mira Mesa Community Park Phase 2 Improvements Project (Contract No. H186977)....................................................................................................................16 Item 56: Drinking Water State Revolving Fund Loan to the City of San Diego’s Water System for the Lead Service Line Inventory and Investigation Project................................................17 Item 57: Water Revenue Commercial Paper Program Letter of Credit Extension ....................18 Item 58: Amendments to the Municipal Code Regarding Administrative Fines Assessed by the Ethics Commission .............................................................................................................19 Item 100: Approval of the Second Amended and Restated Agreement Relating to Implementation of Proposition ”C” Between the City of San Diego and KSL Del Mar, LLC, et al 20 Item 101: Adopting an Amended Conflict of Interest Code for the Office of the Commission on Police Practices..................................................................................................................21 Item 102: Resolution Adopting an Amended Conflict of Interest Code for the Office of the City Attorney............................................................................................................................22 Item 103: Adopting an Amended Conflict of Interest Code for the Office of Race and Equity ..23 Item 104: Adopting an Amended Conflict of Interest Code for the Office of the City Treasurer24 Item 105: Adopting an Amended Conflict of Interest Code for the Development Services Department.......................................................................................................................25 Item 106: Adopting an Amended Conflict of Interest Code for the Library Department .............. ........................................................................................................................................26 Item 107: Adopting an Amended Conflict of Interest Code for the San Diego Convention Center ........................................................................................................................................26 Item 108: Settlement of Mary Garland v. City of San Diego, San Diego Superior Court No. 37- 2023-00018361-CU-PO-CTL, Risk No. 31130........................................................................27 Item 109: Settlement of Rema Alameddin v. City of San Diego, San Diego Superior Court No. 37-2020-00020795-CU-PO-CTL, Claim No. 22956 .................................................................28 Item 110: Reappointments to the San Diego Unified Port District Board of Commissioners .....29 Minutes of Tuesday, November 12, 2024 Page 3
Table of Contents (Continued)
Item 111: Adopting the 2025 Legislative Calendar and the FY 2026 Budget Development and FY 2025 Budget Monitoring Key Dates.................................................................................30 Item 330: Extension of Parking Management Contract for Library Department ......................31 Item 331: Authorization to Retain Stoel Rives, LLP as Outside Counsel for Coastkeeper v. City of San Diego, Case No.: 3:18-cv-01757-JM-WVG and Waiver of Potential Conflict of Interest .32 Item 332: Annual Presentation of the City Treasurer's Investment Policy and Delegation of Authority to the City Treasurer to Invest Funds ....................................................................33 Item 333: Proposed Response to Grand Jury Report: “Dog Bites in San Diego County” .........34 Item 334: Klauber Development - Project Number PRJ-0693289, Appeal of Environmental Determination....................................................................................................................35 Item S500: Authorization to Execute the Second Amendment to the NextRequest Service Agreement with NextRequest Co. (Also Known as CivicPlus) for Continuation of Public Records Portal Services...................................................................................................................37 Item S501: Authorize First Amendment to Contract with Aztec Landscaping (Request for Proposal (RFP) No. 10087194-20-G) for Landscape Maintenance for the Designated Center Medians, Rights-of-Way and Areas within the Gas Tax Program ............................................38 Item S502: Renee Mezo Day..............................................................................................39 Item S503: La Jolla Park Coastal Historic District Day ..........................................................40 Item S504: Warrior Foundation Freedom Station 20th Anniversary Day ................................40 REPORT OUT FROM CLOSED SESSION................................................................................41 ADJOURNMENT .................................................................................................................41 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, November 12, 2024
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:04 a.m. The meeting was recessed by Council President Elo-Rivera at 11:12 a.m. for the noon recess to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:06 p.m. with Councilmember von Wilpert and Councilmember Campillo not present. Councilmember Campillo arrived to the meeting at 2:09 p.m. The meeting was adjourned by Council President Elo-Rivera at 4:48 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Council President Pro Tem Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Councilmember Henry L. Foster III
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:
CD-5 Councilmember Marni von Wilpert
CITY CLERK:
Fuentes (km/gs)
ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-not present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-not present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, November 12, 2024
LAND ACKNOWLEDGEMENT
Statement read by Councilmember Campillo.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campillo.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Ellen Louise DeBoeser commented on neighbors safe and clean via community involvement and ways to recruit and hire police officers to fill empty positions.
COUNCIL ACTION: Start Time: 10:55 AM
PUBLIC COMMENT-2 (virtual):
Blair Beekman commented on president and administration changes; openness and peace.
COUNCIL ACTION: Start Time: 10:58 AM
PUBLIC COMMENT-3 (virtual):
Peggy Walker commented on contamination in marijuana products.
COUNCIL ACTION: Start Time: 11:00 AM
PUBLIC COMMENT-4 (virtual):
Madison commented on marijuana effects on pregnancy.
COUNCIL ACTION: Start Time: 11:02 AM
PUBLIC COMMENT-5 (virtual):
Joy Sunyata commented on declaration of Interdependence for San Diego and Tijuana.
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, November 12, 2024
COUNCIL ACTION: Start Time: 11:04 AM
PUBLIC COMMENT-6 (virtual):
Judi Strang commented on AB1871 regarding the study in grades 7-12 on how one becomes personally financially literate.
COUNCIL ACTION: Start Time: 11:06 AM
PUBLIC COMMENT-7 (virtual):
Terri-Ann Skelley commented on health and safety for teens and young adults.
COUNCIL ACTION: Start Time: 11:08 AM
PUBLIC COMMENT-8 (virtual):
Megan Stuart commented on environmental impact of marijuana industry.
COUNCIL ACTION: Start Time: 11:10 AM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:
Councilmember Campbell thanked Council District 2 staff and colleagues for their support through her absence while she was out on medical leave.
COUNCIL ACTION: Start Time: 10:23 AM
CITY CLERK COMMENT:
City Clerk Fuentes announced the new updated kiosk on the 12th floor chambers with access to agenda for City Council, Committees, Planning Commission, and other public notices. She noted an additional kiosk will be installed in the first-floor lobby in the coming weeks. City Clerk Fuentes thanked City Clerk staff and Sustainability and Mobility Dept staff for their assistance.
COUNCIL ACTION: Start Time: 10:24 AM
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, November 12, 2024
SPECIAL ORDERS OF BUSINESS
None.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 30: Chris Adamson Day.
COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:
APPROVED
Proclaiming November 12, 2024, to be the “Chris Adamson Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 31: 18th Annual APAMSA Hepatitis Conference Hepatitis B & C Awareness and Prevention Day.
COUNCILMEMBER CAMPBELL AND COUNCILMEMBER LEE'S RECOMMENDATION:
APPROVED
Proclaiming November 16, 2024, to be “18th Annual APAMSA Hepatitis Conference Hepatitis B & C Awareness and Prevention Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, November 12, 2024
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 50: Awarding a Contract to EnCode as the Successful Bidder to Request For Proposal Number 10090138-24-B for Municipal Code and Governing Documents Hosting Software.
Total Estimated Cost of Proposed Action and Funding Source:
This will be funded through the General Fund at a cost not-to-exceed $200,000 for up to ten years.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2025-50) INTRODUCED, TO BE ADOPTED MONDAY, DECEMBER 9, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into a contract with enCode Plus, LLC, in an amount not-to-exceed $200,000, for Municipal Code and Governing Documents Hosting Software.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 16, 2024.
ACTION: Motion by Chair Lee, second by Committee Member Foster, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Lee-yea, Foster III-yea, Moreno-yea, LaCava-not present.
Office of the City Clerk: Diana Fuentes, (619) 533-4000 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, November 12, 2024
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 51: First Amendment to the Contract with Focus Psychological Services, Inc. for Comprehensive Psychological Services.
Total Estimated Cost of Proposed Action and Funding Source:
This action seeks expenditure authority of an additional $563,000 from the Police Department, General Fund, and $359,345 from the Fire-Rescue Department, General Fund, totaling $922,345 for a total not-to-exceed amount of $4,515,795 for comprehensive psychological services.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2025-54) INTRODUCED, TO BE ADOPTED MONDAY, DECEMBER 9, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Focus Psychological Services, Inc., extending the Contract through June 30, 2025, and increasing the not-to-exceed amount by $922,345 for comprehensive psychological services.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on October 16, 2024.
ACTION: Motion by Committee Member Whitburn, second by Vice Chair Campillo, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; von Wilpert-yea, Campillo-yea, Whitburn, Campbell-not present.
Fire-Rescue: David Picone, (619) 533-4466
City Attorney Contact: Jill S. Cristich
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, November 12, 2024
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 52: Amend the Administrative Code of the San Diego Municipal Code (SDMC) to Update the List and Descriptions of City Departments – Strategic Capital Projects Department and Engineering and Capital Projects Department Merge.
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:
Subitem-A: (O-2025-26) INTRODUCED, TO BE ADOPTED MONDAY, DECEMBER 9, 2024 Introduction of an Ordinance amending Chapter 2, Article 2 of the San Diego Municipal Code by amending the title of Division 14, and repealing Section 22.1406, relating to the consolidation of the Strategic Capital Projects Department within the Engineering and Capital Projects Department.
Subitem-A: 6 votes required pursuant to Charter Section 26.
Subitem-B: (O-2025-27) INTRODUCED, TO BE ADOPTED MONDAY, DECEMBER 9, 2024 Introduction of an Ordinance amending Chapter 2, Article 2, Division 18 of the San Diego Municipal Code by amending Section 22.1801, relating to the list of City departments.
Subitem-B: 6 votes required pursuant to Charter Section 26.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 16, 2024.
ACTION: Motion by Chair Lee, second by Committee Member Foster III, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Lee-yea, Foster III-yea, Moreno-yea, LaCava-not present.
Engineering & Capital Projects: Mark Gonzalez, (619) 533-4180 Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, November 12, 2024
City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 53: Second Amendment to the Funding Agreement with the San Diego County Water Authority for the Hodges Watershed Improvement Project.
Total Estimated Cost of Proposed Action and Funding Source:
This is a Second Amendment to the agreement with the San Diego County Water Authority for the Hodges Watershed Improvement Project, to extend the term of agreement through January 31, 2025. The cost share has previously been paid.
Council District(s) Affected: 5.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/29/2024, Item 50 (Council voted 8- 0, Councilmember Campbell- not present):
(O-2025-47) ADOPTED AS ORDINANCE O-21892 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with the San Diego County Water Authority, extending the Contract through January 31, 2025, and update the costs, schedule, and terms, in connection with the Hodges Watershed Improvement Project.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on October 10, 2024.
ACTION: Motion by Vice Chair von Wilpert, second by Committee Member Elo-Rivera, to recommend Council approval of staff’s proposed actions.
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, November 12, 2024
VOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present Public Utilities: Adam Jones, (858) 614-4030
City Attorney Contact: Justin Stanek
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 54: Award a Construction Contract, K-24-2115-DBB-3-A-C to Reyes Construction, Inc. and Extend the Contract Duration Beyond Five Years for the Purpose of Providing Construction Services for the South Mission Beach Storm Drain and Green Infrastructure Project.
Total Estimated Cost of Proposed Action and Funding Source:
The total cost for this action is $63,747,832, funding source: Clean Water State Revolving Fund (SRCWF), Water Infrastructure Finance and Innovation Act (WIFIA), and TransNet.
Council District(s) Affected: 2.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/29/2024, Item 51 (Council voted 8- 0, Councilmember Campbell-not present):
(O-2025-46) ADOPTED AS ORDINANCE O-21893 (New Series)
Ordinance authorizing the Mayor, or his designee, to enter into an Agreement with Reyes Construction, Inc., in an amount not to exceed $63,747,832 , to provide construction services, related to the South Mission Beach Storm Drain and Green Infrastructure project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 9, 2024.
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, November 12, 2024
ACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.
Engineering & Capital Projects: Jayna Straughn, (619) 607-5046 City Attorney Contact: Dominic Guglielmo
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 55: Award a First Amendment to the Consultant Agreement with Platt Whitelaw Architects, Inc., with the Purpose of Providing Professional Services for the Design and Construction Support of Mira Mesa Community Park Phase 2 Improvements Project (Contract No. H186977).
Total Estimated Cost of Proposed Action and Funding Source:
$235,490 from CIP Mira Mesa Community Park Improvements Pool & Skate Plaza Ph2, Mira Mesa Development Impact Fee (DIF)
Council District(s) Affected: 6.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/29/2024, Item 52 (Council voted 8- 0, Councilmember Campbell-not present):
(O-2025-49) ADOPTED AS ORDINANCE O-21894 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Contract with Platt Whitelaw Architects, Inc., for additional design and construction services in an amount not-to-exceed $235,490, and extend the term of the Agreement an additional three years, in connection with the Mira Mesa Community Park Phase II Improvements project.
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, November 12, 2024
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Active Transportation and Infrastructure Committee meeting on October 9, 2024.
ACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.
Engineering & Capital Projects: Jason Grani, (619) 533-7225 City Attorney Contact: Dana C. Fairchild
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 56: Drinking Water State Revolving Fund Loan to the City of San Diego’s Water System for the Lead Service Line Inventory and Investigation Project.
Total Estimated Cost of Proposed Action and Funding Source:
The estimated amount of the loan is reasonably expected not to exceed $8 million, which will be repaid by the Water Utility Fund over a 10-year period at 0% interest. See Fiscal Considerations section in staff report.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/29/2024, Item S500, (Council voted 8-0, Councilmember Campbell-not present):
(O-2025-4) ADOPTED AS ORDINANCE O-21895 (New Series)
Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, November 12, 2024
Ordinance authorizing the Mayor or designee to implement a Drinking Water State Revolving Fund Loan in an amount reasonably expected not to exceed $8 million to facilitate the funding of the Lead Service Line Inventory and Investigation Project. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 16, 2024.
ACTION: Motion by Chair Lee, second by Committee member Moreno, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Foster III-yea, Lee-yea, Moreno-yea, LaCava-not present.
Debt Management: Allison Falkenstein, (619) 533-4516
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 57: Water Revenue Commercial Paper Program Letter of Credit Extension.
Total Estimated Cost of Proposed Action and Funding Source:
See "Fiscal Considerations" section of Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/29/2024, Item S501, Subitem-A (Council voted 8-0, Councilmember Campbell-not present):
(O-2025-48) ADOPTED AS ORDINANCE O-21896 (New Series)
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, November 12, 2024
Ordinance authorizing the execution of the First Amendment to Reimbursement Agreement between the City and Bank of America, N.A to extend the term of its direct-pay letter of credit to support the Public Facilities Financing Authority of the City of San Diego's Subordinated Water Revenue Commercial Paper Notes; and other related actions. 6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee on October 16, 2024.
ACTION: Motion by Chair Lee, second by Committee Member Moreno, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Foster III-yea, Lee-yea, Moreno-yea, LaCava-not present.
Debt Management: Allison Falkenstein, (619) 533-4516
City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 58: Amendments to the Municipal Code Regarding Administrative Fines Assessed by the Ethics Commission.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
Adopt the following Ordinance which was introduced on 10/29/2024, Item 54 (Council voted 8- 0, Councilmember Campbell-not present):
(O-2025-28) ADOPTED AS ORDINANCE O-21897 (New Series)
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, November 12, 2024
Ordinance amending Chapter 2, Article 6, Division 4 of the San Diego Municipal Code by amending section 26.0440, relating to administrative fines assessed by the Ethics Commission.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on October 2, 2024.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to recommend Council approval of staff’s proposed actions.
VOTE: 4-0; Elo-Rivera-yea, LaCava-yea, Lee-yea, Moreno-yea, Campillo-not present.
Ethics Commission: Sharon Spivak, (619) 533-3476
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 100: Approval of the Second Amended and Restated Agreement Relating to Implementation of Proposition ”C” Between the City of San Diego and KSL Del Mar, LLC, et al.
Total Estimated Cost of Proposed Action and Funding Source:
The amendment is expected to have a net positive effect by improving record keeping requirements for both customary TOT and In Lieu TOT, allowing the City Treasurer to efficiently and effectively audit and collect amounts owed.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-108) ADOPTED AS RESOLUTION R-315865
Resolution approving the Second Amended and Restated Agreement Relating to Implementation of Proposition “C” (Agreement) between the City of San Diego, KSL Del Mar, LLC, The Grand Del Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, November 12, 2024
Mar Villas Homeowners Association, The Grand Del Mar Villas Association, and Penrose at the Grand Del Mar Owners Association.
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 RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 101: Adopting an Amended Conflict of Interest Code for the Office of the Commission on Police Practices.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-166) ADOPTED AS RESOLUTION R-315866
Resolution adopting an amended Conflict of Interest Code for the Office of the Commission on Police Practices.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the Commission on Police Practices: Paul Parker, (619) 251-3254 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, November 12, 2024
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 102: Resolution Adopting an Amended Conflict of Interest Code for the Office of the City Attorney.
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-2025-185) ADOPTED AS RESOLUTION R-315867
Resolution adopting an amended Conflict of Interest Code for the Office of the City Attorney.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, Assistant City Attorney, (619) 236-6220 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 103: Adopting an Amended Conflict of Interest Code for the Office of Race and Equity.
Total Estimated Cost of Proposed Action and Funding Source: N/A Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, November 12, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-167) ADOPTED AS RESOLUTION R-315868
Resolution adopting an amended Conflict of Interest Code for the Office of Race and Equity.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of Race & Equity: Danell Scarborough, (619) 980-7896 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 104: Adopting an Amended Conflict of Interest Code for the Office of the City Treasurer.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this item.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-199) ADOPTED AS RESOLUTION R-315869
Resolution adopting an amended Conflict of Interest Code for the Office of the City Treasurer.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the City Treasurer: Elizabeth Correia, (619) 236-7157 Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, November 12, 2024
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 105: Adopting an Amended Conflict of Interest Code for the Development Services Department.
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-2025-214) ADOPTED AS RESOLUTION R-315870
Resolution adopting an amended Conflict of Interest Code for the Development Services Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Bouthayna Khalil, (619) 446-5106
City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, November 12, 2024
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 106: Adopting an Amended Conflict of Interest Code for the Library Department.
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-2025-200) ADOPTED AS RESOLUTION R-315871
Resolution adopting an amended conflict of interest code for the Library Department.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Library: Raul Gudino, (619) 236-5889
City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 107: Adopting an Amended Conflict of Interest Code for the San Diego Convention Center.
Total Estimated Cost of Proposed Action and Funding Source:
There is no City expenditure being approved with this action.
Council District(s) Affected: Citywide.
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, November 12, 2024
Proposed Actions:
(R-2025-187) ADOPTED AS RESOLUTION R-315872
Resolution adopting an amended Conflict of Interest Code for the San Diego Convention Center Corporation.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
San Diego Convention Center Corporation: Pat Evans, (619) 525-5131 City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 108: Settlement of Mary Garland v. City of San Diego, San Diego Superior Court No. 37- 2023-00018361-CU-PO-CTL, Risk No. 31130.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $100,000 will be paid from Public Liability Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-163 Cor. Copy) ADOPTED AS RESOLUTION R-315873
Resolution authorizing the settlement of Mary Garland v. City of San Diego, San Diego Superior Court No. 37-2023-00018361, related to alleged injuries sustained as a result of a bike accident near 1804 Capistrano Street in San Diego. Risk Claim No. 31130.
Committee Actions Taken: N/A
Office of the City Attorney: John P. Pearson, (619) 533-6193 Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, November 12, 2024
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 109: Settlement of Rema Alameddin v. City of San Diego, San Diego Superior Court No. 37-2020-00020795-CU-PO-CTL, Claim No. 22956.
Total Estimated Cost of Proposed Action and Funding Source:
Settlement amount of $400,000 will be paid from Public Liability Fund.
Council District(s) Affected: 1.
Proposed Actions:
(R-2025-142) ADOPTED AS RESOLUTION R-315874
Resolution authorizing the settlement of Rema Alameddin v. City of San Diego, San Diego Superior Court No. 37-2020-00020795-CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property. Risk Claim No. 22956.
Committee Actions Taken: N/A
Office of the City Attorney: David M. Florence, (619) 235-5235 COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, November 12, 2024
Item 110: Reappointments to the San Diego Unified Port District Board of Commissioners.
Total Estimated Cost of Proposed Action and Funding Source:
None associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-197) ADOPTED AS RESOLUTION R-315875
Resolution confirming the reappointments of Danielle Moore and Sid Voorakkara to the San Diego Unified Port District Board of Commissioners for terms beginning January 3, 2025, and ending January 2, 2029.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 111: Adopting the 2025 Legislative Calendar and the FY 2026 Budget Development and FY 2025 Budget Monitoring Key Dates.
Total Estimated Cost of Proposed Action and Funding Source:
There are no costs associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, November 12, 2024
(R-2025-206 Cor. Copy) ADOPTED AS RESOLUTION R-315876
Resolution adopting the 2025 Legislative Calendar and the Fiscal Year 2026 Budget Development and Fiscal Year 2025 Budget Monitoring Key Dates.
This item is not subject to the Mayor's veto.
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 Committee Member Moreno, to recommend Council approval of staff’s proposed actions with the modification of adjourning the May 15 BRC meeting, instead having the May revise and third quarter budget monitoring report presented on May 19 during the City Council meeting scheduled on this date.
VOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.
Council District 9: Heidi Palmer, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 330: Extension of Parking Management Contract for Library Department.
Continued from the meeting of Monday, September 23, 2024, Item S400, at the request of Councilmember Campillo for further review.
Total Estimated Cost of Proposed Action and Funding Source:
With the inclusion of the First Amendment to the Contract with ACE Parking, the total not-toexceed amount is $1,845,768, an increase of $350,148. The contract will be funded by General Fund, Fund 100000, Library Department, Business Area 1713.
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, November 12, 2024
Council District(s) Affected: 3.
Proposed Actions:
(O-2025-31) INTRODUCED, TO BE ADOPTED MONDAY, DECEMBER 9, 2024 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Contract with Ace Parking, Inc., extending the Contract through December 31, 2024, and increasing the amount of the Contract by $350,148 for a total not-to-exceed amount of $1,845,768, in connection with the provision of Library parking management services.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken: N/A
Library: Raul Gudino, (619) 236-5889
City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:37 AM
MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Henry L. Foster III.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 331: Authorization to Retain Stoel Rives, LLP as Outside Counsel for Coastkeeper v. City of San Diego, Case No.: 3:18-cv-01757-JM-WVG and Waiver of Potential Conflict of Interest.
Total Estimated Cost of Proposed Action and Funding Source:
This item is only seeking authorization to engage Stoel Rives, LLP as outside counsel. It does not approve the actual contract. The contract will be for an amount not-to-exceed $75,000.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-212) ADOPTED AS RESOLUTION R-315877
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, November 12, 2024
Resolution authorizing the retention of Stoel Rives, LLP, as outside counsel in the matter of Coastkeeper v. City of San Diego, Case No. 3:18-CV-01757-JM-WVG, and waiver of potential conflicts of interest.
Committee Actions Taken: N/A
Office of the City Attorney: Melissa D. Ables, (619) 533-5835 COUNCIL ACTION: Start Time: 10:46 AM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Jennifer Campbell.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item 332: Annual Presentation of the City Treasurer's Investment Policy and Delegation of Authority to the City Treasurer to Invest Funds.
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-2025-211) ADOPTED AS RESOLUTION R-315878
Resolution receiving and accepting the City Treasurer's 2025 Investment Policy for the Pooled Investment Funds and authorizing the City Treasurer to invest the City's funds for Calendar Year 2025.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on October 16, 2024.
ACTION: Motion by Chair Lee, second by Committee Member Moreno, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; Lee-yea, Foster III-yea, Moreno-yea, LaCava-not present.
Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, November 12, 2024
Office of the City Treasurer: Emmanuel Labrinos, (619) 533-6256 City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 2:07 PM
MOTION BY KENT LEE TO ADOPT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.
Item 333: Proposed Response to Grand Jury Report: “Dog Bites in San Diego County”.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2025-210) ADOPTED AS RESOLUTION R-315879
Resolution approving the City Council's response to the 2023/2024 San Diego County Grand Jury Report titled "Dog Bites in San Diego County."
This item is not subject to the Mayor's veto.
Committee Actions Taken:
This item was heard at the Public Safety Committee meeting on October 16, 2024.
ACTION: Motion by Vice Chair Campillo, second by Chair von Wilpert, to recommend Council approval of staff’s proposed actions.
VOTE: 3-0; von Wilpert-yea, Campillo-yea, Whitburn-yea, Campbell-not present.
Office of the Independent Budget Analyst: Baku Patel, (619) 236-6443 City Attorney Contact: Nicole Pedone
COUNCIL ACTION: Start Time: 2:33 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Joe LaCava.
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, November 12, 2024
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.
Item 334: Klauber Development - Project Number PRJ-0693289, Appeal of Environmental Determination.
Total Estimated Cost of Proposed Action and Funding Source:
All costs associated with the processing of this project are paid by the applicant.
Council District(s) Affected: 4.
Proposed Actions:
(R-2025-250) GRANTED THE APPEAL AND SET ASIDE THE ENVIRONMENTAL DETERMINATION; ADOPTED AS RESOLUTION R-315880
An appeal of the environmental determination made for the Klauber Ave. Development Project, which consists of a Neighborhood Development Permit (NDP), Tentative Map (TM), and Site Development Permit (SDP) to subdivide four existing lots located at 1362 Klauber Avenue into twenty-five single dwelling units on twenty-five separate lots. The Environmental Analysis Section of the Development Services Department determined that the Neighborhood Development Permit (NDP), Tentative Map (TM), and Site Development Permit (SDP) for the Klauber Ave. Development Project are exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning for which an EIR Was Certified). The scope of the subject hearing only includes the project’s environmental determination and not the project’s permits or other entitlements.
According to San Diego Municipal Code Section 112.0520(e) Power to Act on Appeal, the City Council shall consider the appeal and may:
(1) By a majority vote, deny the appeal and approve the environmental determination to categorically exempt from CEQA the subject Neighborhood Development Permit (NDP), Tentative Map (TM), and Site Development Permit (SDP) pursuant to CEQA Guidelines section 15183; or
(2) By a majority vote, grant the appeal and set aside the environmental determination, in accordance with San Diego Municipal Code Section 112.0520(f).
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, November 12, 2024
Directing the City Attorney to prepare the appropriate Resolution according to Section 40 of the City Charter.
If the City Council grants the appeal, the lower-decision maker's decision to approve the project shall be held in abeyance. The City Council shall retain jurisdiction to act on the revised environmental determination and associated project at a subsequent public hearing.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Andrew Murillo, (619) 557-7986
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 3:15 PM
Public testimony by Sahri, Cesar Javier, Kathleen MacLeod, Kenny Key, Evelyn Smith, Rob Campbell, Martha Abraham, Iman Amini, Amin Amini, Geoffrey Hueter, Malcolm Parker, Jamie Street, Kathleen Lippitt, Katheryn Rhodes, Louis Guskey, Sally Smull, Joy Sunyata, Sally McCurine, and Wesley Morgan.
MOTION BY HENRY L. FOSTER III TO ADOPT THE RESOLUTION GRANTING THE APPEAL AND SETTING ASIDE THE ENVIRONMENTAL DETERMINATION. Second by Sean Elo-Rivera.
Passed by the following:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.
Item S500: Authorization to Execute the Second Amendment to the NextRequest Service Agreement with NextRequest Co. (Also Known as CivicPlus) for Continuation of Public Records Portal Services.
Total Estimated Cost of Proposed Action and Funding Source:
The total amount of this Second Amendment is not-to-exceed $71,991.67 and is available in the General Fund Communications budget.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2025-44) INTRODUCED, TO BE ADOPTED MONDAY, DECEMBER 9, 2024 Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, November 12, 2024
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. Two to the NextRequest Service Agreement with NextRequest Co. (also known as CivicPlus), extending the term by six months through June 30, 2025, with an option to extend for an additional six-month period through December 31, 2025; and increasing the total not-toexceed amount by $71,991.67 for continuation of the City’s online public records request portal services including the annual license, software-as-a-service, fully hosted, maintained, and cloudbased services, bringing the total not-to-exceed amount of the Agreement to $365,438.17, and related funding actions.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Rules Committee meeting on October 30, 2024.
ACTION: Motion by Councilmember Campillo, second by Vice Chair LaCava, to recommend Council approval of staff’s proposed actions.
VOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Lee-yea, Campillo-yea, Moreno-yea.
Communications: Angela Laurita, (619) 533-6507
City Attorney Contact: Markecia Simmons
COUNCIL ACTION: Start Time: 10:07 AM
CONSENT MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item S501: Authorize First Amendment to Contract with Aztec Landscaping (Request for Proposal (RFP) No. 10087194-20-G) for Landscape Maintenance for the Designated Center Medians, Rights-of-Way and Areas within the Gas Tax Program.
Total Estimated Cost of Proposed Action and Funding Source:
The total for the First Amendment to the contract with Aztec Landscaping (RFP No. 10087194- 20-G) for Landscape Maintenance for the Designated Center Medians, Right-of-Way and Areas within the Gas Tax Program is not-to-exceed $3,500,000 and increases the total contract not-toexceed amount from $3,000,000 to $3,500,000 from GAS TAX ST IMPR-ANN fund.
Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, November 12, 2024
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (O-2025-56) INTRODUCED WITH DIRECTION, TO BE ADOPTED MONDAY, DECEMBER 9, 2024
Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Contract with Aztec Landscaping, extending the Contract approximately 6 months through July 31, 2025, and increasing the not-to-exceed contract amount by an additional $500,000, in connection with landscape maintenance for the designated center medians, rights of way, and pedestrian areas within the Gas Tax Median Maintenance Program.
Subitem-A: 6 votes required pursuant to Charter Section 99.
Subitem-B: (R-2025-213) ADOPTED AS RESOLUTION R-315881
Resolution determining that the Gas Tax Median Maintenance Program is exempt from the California Environmental Quality Act pursuant to Section 15301 and Section 15304 of the CEQA Guidelines.
Committee Actions Taken: N/A
Parks & Recreation: Erika Ferreira, (619) 685-1323
City Attorney Contact: Catherine Morrison
COUNCIL ACTION: Start Time: 2:47 PM
MOTION BY RAUL A. CAMPILLO TO INTRODUCE THE ORDINANCE IN SUBITEM A WITH
DIRECTION TO STAFF TO CONDUCT A COST AND FEASIBILITY ANALYSIS OF IN-HOUSING,
LANDSCAPE MAINTENANCE FOR THE DESIGNATED CENTER MEDIANS, RIGHTS-OF-WAY, AND AREAS WITHIN THE GAS TAX PROGRAM; AND ADOPT THE RESOLUTION IN SUBITEM B.
Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.
Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item S502: Renee Mezo Day.
Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, November 12, 2024
COUNCIL PRESIDENT SEAN ELO-RIVERA'S RECOMMENDATION:
APPROVED
Proclaiming November 12, 2024, to be “Renee Mezo Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item S503: La Jolla Park Coastal Historic District Day.
COUNCIL PRESIDENT PRO TEM JOE LACAVA'S RECOMMENDATION:
APPROVED
Proclaiming May 9, 2024, to be "La Jolla Park Coastal Historic District Day" in the City of San Diego.
COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
Item S504: Warrior Foundation Freedom Station 20th Anniversary Day.
COUNCIL PRESIDENT PRO TEM JOE LACAVA'S RECOMMENDATION:
APPROVED
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, November 12, 2024
Proclaiming November 14, 2024, to be "Warrior Foundation Freedom Station 20th Anniversary Day" in the City of San Diego.
COUNCIL ACTION: Start Time: 10:25 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn, Marni von Wilpert.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:48 p.m. in honor of the memory of:
Stephen Grealy as requested by Council President Elo-Rivera.
COUNCIL ACTION: Start Time: 4:45 PM