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Minutes

San Diego City Council
December 9, 2024

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December 9, 2024
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THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE SPECIAL COUNCIL MEETING
OF
MONDAY, DECEMBER 9, 2024
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................6 ATTENDANCE DURING THE MEETING.....................................................................................................................6 ROLL CALL...........................................................................................................................................................................6 INVOCATION......................................................................................................................................................................7 LAND ACKNOWLEDGEMENT.......................................................................................................................................7 PLEDGE OF ALLEGIANCE ...............................................................................................................................................7 CLOSED SESSION .............................................................................................................................................................7 NON-AGENDA PUBLIC COMMENT ........................................................................................................................10

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ...............................................................................................................................................................................................13 Item 600: Approval of Council Minutes ...............................................................................................................13 Item 601: Beyer Park Phase 1 – Approval of Contract Extension to Exercise Long Term Maintenance and Monitoring Agreement (LTMMA) Option with Dick Miller Inc................................15 Item 602: Time Extension of Construction Contract (K-20-1914-EMR-3) Civic Center Plaza Elevator Emergency Modernization Project with Otis Elevator Company...............................................16 Item 603: Time Extension - Contract # K-18-1472-DBB-3 with Flatiron West Inc., for Construction Services for the West Mission Bay Drive Bridge Over San Diego River Project.............. ...............................................................................................................................................................................................17 Minutes of Monday, December 9, 2024 Page 2
Table of Contents (Continued)
Item 604: Second Amendment to Contract with Intergraph Corporation dba Hexagon Safety, Infrastructure & Geospatial Division for Computer Aided Dispatch (CAD) System ................................. ...............................................................................................................................................................................................18 Item 605: Extension of K-17-1518-MAC-3, Multiple Award Construction Contract (MACC) for Water, Wastewater, and Storm Water Pipeline Projects for an Additional Twelve (12) Months....20 Item 606: 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.............. ...............................................................................................................................................................................................21 Item 607: First Amendment to the Contract with Focus Psychological Services, Inc. for Comprehensive Psychological Services.................................................................................................................22 Item 608: 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 ....................................................................................24 Item 609: Extension of Parking Management Contract for Library Department.................................25 Item 610: 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.................................................................................................................................................................26 Item 611: 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 ..................................................................................27 Item 612: California Coastal Commission Modifications to the 2022 Land Development Code Update of the San Diego Municipal Code and Local Coastal Program....................................................29 Item 613: Approval of First Amendment to the Consultant Agreement (H197037) with Kleinfelder Inc. for Professional Engineering Services for the Design of El Monte Water Transmission Pipeline Rehabilitation Project (S-10008) .................................................................................30 Item 614: Community Project Funding/Congressionally Directed Spending (CPFCDS) Grant Award for S00951, Coastal Rail Trail.......................................................................................................................31 Item 615: Harbor Drive Pavement Repair and Pipeline License Project Payment with SANDAG .32 Item 616: Reimbursement Agreement between City and SANDAG for Construction of Pershing Drive Bikeway Pavement Repair Project and Reimbursement Agreement.............................................33 Minutes of Monday, December 9, 2024 Page 3
Table of Contents (Continued)
Item 617: Reimbursement Agreement between City and SANDAG for Construction of University Ave Bikeway Pavement Repair Reimbursement Agreement ........................................................................35 Item 618: First Amendment to the Agreement with CDM Smith Inc. for Preparation of the Public Utilities Department Integrated Master Plan (H2125885) .............................................................................36 Item 619: Approval of First Amendment to the Agreement with SAP Public Services to Increase Expenditure Authority for SAP Cloud Services...................................................................................................37 Item 620: Approval of Overt Camera Systems Under the Transparent and Responsible Use of Surveillance Technology Ordinance .......................................................................................................................38 Item 621: Fiscal Year 2024 Urban Area Security Initiative Grant Program .............................................39 Item 622: Agreement between the City of San Diego and the San Diego Municipal Employees Association to Amend the Memorandum of Understanding regarding Add-On Pays for the Police 911 Dispatcher Classification .......................................................................................................................41 Item 623: Establishing Parking Citation Fine Amount for Code Section 22500(n) CVC....................41 Item 624: Adopting an Amended Conflict of Interest Code for the Office of the Chief Financial Officer.................................................................................................................................................................................42 Item 625: Adopting an Amended Conflict of Interest Code for the City Planning Department ...43 Item 626: Adopting an Amended Conflict of Interest Code for the Risk Management Department......................................................................................................................................................................44 Item 627: Amended Conflict of Interest Code for the Compliance Department.................................45 Item 628: Adopting an Amended Conflict of Interest Code for the San Diego Police Department ...............................................................................................................................................................................................46 Item 629: Adopting an Amended Conflict of Interest Code for the Human Resources Department......................................................................................................................................................................47 Item 630: San Diego Junior Lifeguard Program Fee Increase .....................................................................48 Item 631: A Resolution of the Council of the City of San Diego to Prohibit the Parking of Vehicles For Sale on Sunset Lane between Averil Road and W. San Ysidro Boulevard, on W. San Ysidro Boulevard between Smythe Avenue and Averil Road, on Beyer Boulevard between Minutes of Monday, December 9, 2024 Page 4
Table of Contents (Continued)
Coronado Avenue and Iris Avenue, and on Alverson Road between Sunset Lane and W. San Ysidro Boulevard ............................................................................................................................................................49 Item 632: Settlement of Christian Caitlin Garrett v. City of San Diego, San Diego Superior Court Case No. 37-2023-00052284-CU-PO-CTL, Claim No. 33296........................................................................50 Item 633: Settlement of Paul Hiller v. City of San Diego, et al., San Diego Superior Court Case No. 37-2023-00016879 CU-PO-CTL, Claim No. 32022 ...................................................................................51 Item 634: Kelly Doan Day ..........................................................................................................................................52 Item 635: Runaway & Homeless Youth Month.................................................................................................52 Item 636: Short-Term Action Plan Update .........................................................................................................53 Item 637: Approval Authorizing the Acceptance, Appropriation, and Expenditure of Round 5 of the State of California Homeless Housing, Assistance, and Prevention Grant ......................................54 Item 638: Approval of the Final Map “Tierra Alta”...........................................................................................54 Item 639: Approval of the Final Map “Towne Centre View” ........................................................................55 Item 640: This item was removed from the Agenda.......................................................................................56 Item 641: SDG&E 2024 Presentation on Gas & Electric Rates....................................................................56 Item 642: Declaring the Results of the November 5, 2024 Municipal General Election And Municipal Special Election Held In The City of San Diego.............................................................................57 Item 643: Resolution Directing the City’s Management Team for Labor Relations to Meet and Confer, as Required by the Meyers-Milias-Brown Act, Related to a Proposed Ordinance to Establish City Standards for Local Emergencies Related to Housing and Homelessness ...................... ...............................................................................................................................................................................................58 Item 644: Fiesta Island Dog Park Appreciation Day........................................................................................59 Item 645: Friends of Rose Creek 20th Anniversary Day.................................................................................59 Item 646: Alexis Villanueva Day ..............................................................................................................................60 REPORT OUT FROM CLOSED SESSION.................................................................................................................60 Minutes of Monday, December 9, 2024 Page 5
Table of Contents (Continued)
ADJOURNMENT .............................................................................................................................................................61 Minutes of the Council of the City of San Diego Page 6
for the Special Meeting of Monday, December 9, 2024

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 10:19 a.m. into Closed Session, to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 1:07 p.m. with Councilmember Whitburn not present. Councilmember Whitburn arrived to the meeting at 1:58 p.m.

Councilmember Foster left the meeting at 2:40 p.m. Councilmember Foster arrived back to the meeting at 3:52 p.m. Councilmember Moreno left the meeting at 3:49 p.m. Council President Elo-Rivera left the meeting at 4:50 p.m. Councilmember Campbell left the meeting at 4:55 p.m.

The meeting was adjourned by Council President Pro Tem LaCava at 5:14 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

CD-1 Council President Pro Tem Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Councilmember Henry L. Foster III
CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Fuentes (cp)

ROLL CALL
(1) Council President Pro Tem LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
Minutes of the Council of the City of San Diego Page 7
for the Special Meeting of Monday, December 9, 2024
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.

LAND ACKNOWLEDGEMENT
Statement read by Councilmember Campbell.

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

CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):

CS-1 Philadelphia Indemnity Insurance Co. v. City of San Diego San Diego Superior Court Case No. 37-2023-00055073-CU-MC-CTL Risk Management Department Claim File No. 29091
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 9, 2024
DCA Assigned: H. R. Whitehead
Minutes of the Council of the City of San Diego Page 8
for the Special Meeting of Monday, December 9, 2024
This case relates to an inverse condemnation subrogation claim that private property located at 11860 Carmel Creek Road was damaged by the City’s water utilities on February 15, 2022. The City Attorney’s Office will update the Mayor and the City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:03 AM
Public testimony by Cesar Javier and John Stump.

Council President Elo-Rivera closed the hearing.

CS-2 January 2024 Flooding Cases

1. Montoya, Gregory, et. al. v. City of San Diego, San Diego Superior Court (SDSC) Case No. 37- 2024-00021327

2. Apgar, Lloyd, et al. v. City of San Diego, SDSC Case No. 37-2024-00024491

3. Coastal Pride Towing, Inc. v. City of San Diego, SDSC Case No. 37-2024-00023296

4. Hampton, Angela v. City of San Diego, SDSC Case No. 24CU000134C

5. Dandoy, Renato, et al. v. City of San Diego, SDSC Case No. 37-2024-00030662

6. Ortiz, Misael, et al. v. City of San Diego, SDSC Case No. 24CU000267C

7. Rodriguez, Cristian, et al. v. County of San Diego, et al., SDSC Case No. 24CU000273C

8. Rodriguez, Timoteo, et al. v. County of San Diego, et al., SDSC Case No. 24CU000278C

9. Gonzales, Francisco, et al. v. City of San Diego, SDSC Case No. 24CU000231C

10. Baldomero, Garcia, et al. v. City of San Diego, SDSC Case No. 24CU000243C

11. Melchor, Amalio, et al. v. City of San Diego, SDSC Case No. 37-2024-00030743

12. Navarro, Alberto, et al. v. City of San Diego, SDSC Case No. 37-24-00028601

13. Navarro, Martha, et al. v. City of San Diego, SDSC Case No. 37-24-00029789

14. Rivera v. City of San Diego, SDSC Case No. 37-2024-00030688

15. National Black Contractors Foundation of America, Inc., et al. v. City of San Diego, SDSC Case No. 24CU012118C

16. Hesser, et al. v. City of San Diego, SDSC Case No. 24CU013892C

17. Alliance San Diego, et al. v. City of San Diego, SDSC Case No. 24CU010679C

18. Faria v. City of San Diego, SDSC Case No. 24CU013871C

19. Aguirre, et al. v. City of San Diego, SDSC Case No. 24CU017722C

20. Buenrostro, et al v. City of San Diego, SDSC Case No. 37-2024-00030791

21. Perez, et al v. City of San Diego, SDSC Case No. 37-2024-00030795

22. Garcia, et al v. City of San Diego, SDSC Case No. 24CU000134C

23. Silva, et al v. City of San Diego, SDSC Case No. 24CU001997C

24. Croft v. City of San Diego, SDSC Case No. 37-2024-00029980 Minutes of the Council of the City of San Diego Page 9
for the Special Meeting of Monday, December 9, 2024

25. Delgado, et al. v City of National City, City of San Diego, et al., SDSC Case No. 24CU013086C

26. Arberzine Fisher v. City of San Diego, SDSC Case No. 24CU020170C

27. Leisureland v. City of San Diego, SDSC Case No. 24CU018166C Risk Management Department Claim File No. Multiple
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 9, 2024
ACA Assigned: M. T. Phelps
SDCA Assigned: S. Robinson
Outside Counsel: D. Semerdjian and J. Schena, Schwartz Semerdjian Cauley Schena & Bush; and M. Dean, L. Roistacher, and S. Gazzo, Dean Gazzo Roistacher This matter involves a growing number of lawsuits arising from extreme rain and flooding that occurred from January 19, 2024, to February 2, 2024, in various parts of the City. The inverse condemnation lawsuits allege the Plaintiffs suffered real and personal property damage due to the flooding. The City Attorney’s Office will update the Mayor and City Council on the status of the lawsuits and seek direction.

COUNCIL ACTION: Start Time: 10:03 AM
Public testimony by Cesar Javier, John Stump, and Blair Beekman.

Council President Elo-Rivera closed the hearing.

CS-3 City of San Diego v. 101 Ash, LLC et al.

San Diego Superior Court Case No. 37-2020-00036247-CU-CO-CTL Risk Management Department Claim File No. 25855
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 9, 2024
ACA Assigned: J. McNeill
ACA Assigned: M. T. Phelps
Outside Counsel: D. Semerdjian and J. Schena, Schwartz Semerdjian This item involves the City’s claims against its contractors for negligent disruption of asbestos during renovations of the 101 Ash Street property. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

Minutes of the Council of the City of San Diego Page 10 for the Special Meeting of Monday, December 9, 2024
COUNCIL ACTION: Start Time: 10:03 AM
Public testimony by Cesar Javier, John Stump, and Blair Beekman.

Council President Elo-Rivera closed the hearing.

CS-4 John A. Gordon v. 101 Ash, LLC et al.

San Diego Superior Court Case No. 37-2020-00028837-CU-FR-CTL Risk Management Department Claim File No. 25928
REFERRED TO CLOSED SESSION OF MONDAY, DECEMBER 9, 2024
ACA Assigned: J. McNeill
ACA Assigned: M. T. Phelps
Outside Counsel: D. Semerdjian and J. Schena, Schwartz Semerdjian This case challenges the lease purchase agreement related to the 101 Ash Street property. The Complaint seeks a declaration that the agreement is void and to prevent any further payments on the lease, and seeks disgorgement of prior City payments. The trial court ruled that the case was moot, and the appellate court recently affirmed the trial court’s decision. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.

COUNCIL ACTION: Start Time: 10:03 AM
Public testimony by Cesar Javier, John Stump, and Blair Beekman.

Council President Elo-Rivera closed the hearing.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Purita A. Javier commented on ceramics toxicity in a residential zone Asian-Latino community.

COUNCIL ACTION: Start Time: 4:50 PM
Minutes of the Council of the City of San Diego Page 11 for the Special Meeting of Monday, December 9, 2024
PUBLIC COMMENT-2:

Cesar B. Javier commented on ceramics toxicity in a residential zone Asian-Latino community.

COUNCIL ACTION: Start Time: 4:52 PM
PUBLIC COMMENT-3 (virtual):

Francine Maxwell commented on retaliation and violations that City workers endure; and true dialogue to discuss deficit.

COUNCIL ACTION: Start Time: 4:55 PM
PUBLIC COMMENT-4 (virtual):

Barbara Gordon commented on local controls on marijuana of high THC products.

COUNCIL ACTION: Start Time: 4:57 PM
PUBLIC COMMENT-5 (virtual):

Blair Beekman commented on being open and clear about subsidy; and technology.

COUNCIL ACTION: Start Time: 4:59 PM
PUBLIC COMMENT-6 (virtual):

Kathleen Lippitt commented on cannabis use disorder and crimes.

COUNCIL ACTION: Start Time: 5:01 PM
PUBLIC COMMENT-7 (virtual):

Peggy Walker commented on marijuana impaired driving.

Minutes of the Council of the City of San Diego Page 12 for the Special Meeting of Monday, December 9, 2024
COUNCIL ACTION: Start Time: 5:03 PM
PUBLIC COMMENT-8 (virtual):

Lori Saldaña commented on trash fee rates and Short-Term Vacation Rentals.

COUNCIL ACTION: Start Time: 5:05 PM
PUBLIC COMMENT-9 (virtual):

John Stump commented on issues with San Diego Gas & Electric; and policy as far as communication.

COUNCIL ACTION: Start Time: 5:07 PM
PUBLIC COMMENT-10 (virtual):

Megan Stuart commented on Big Alcohol and Big Marijuana.

COUNCIL ACTION: Start Time: 5:09 PM
PUBLIC COMMENT-11 (virtual):

Becky Rapp commented on National Impaired Driving Month.

COUNCIL ACTION: Start Time: 5:11 PM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

COMMENT
COUNCIL COMMENT-1:

Council President Elo-Rivera thanked City Clerk Fuentes and her team for their efforts to assist people in participating in the Council meetings when they are unable to attend in person.

COUNCIL ACTION: Start Time: 1:09 PM
Minutes of the Council of the City of San Diego Page 13 for the Special Meeting of Monday, December 9, 2024
CITY CLERK COMMENT:

City Clerk Fuentes announced new features that make it easier to participate in City Council meetings. She mentioned starting this week under each agenda header or section of the City Council Agenda we have now included a button linking our web portal for public comments.

City Clerk Fuentes stated that the public can easily comment or view comments straight from the agenda. She shared we’ve also created a consistent, easy-to-remember Zoom link:
sandiego.gov/councilmtg. City Clerk Fuentes thanked Council President Elo-Rivera for the idea and enhancing public engagement with City Council.

COUNCIL ACTION: Start Time: 1:08 PM
Item 600: Approval of Council Minutes.

Proposed Actions:

APPROVED
Subitem-A: Approval of Council Minutes for September 23, 2024.

APPROVED
Subitem-B: Approval of Council Minutes for September 24, 2024.

APPROVED
Subitem-C: Approval of Council Minutes for September 30, 2024.

APPROVED
Subitem-D: Approval of Council Minutes for October 1, 2024.

APPROVED
Subitem-E: Approval of Council Minutes for October 7, 2024.

APPROVED
Minutes of the Council of the City of San Diego Page 14 for the Special Meeting of Monday, December 9, 2024
Subitem-F: Approval of Council Minutes for October 8, 2024.

APPROVED
Subitem-G: Approval of Council Minutes for October 14, 2024.

APPROVED
Subitem-H: Approval of Council Minutes for October 15, 2024.

APPROVED
Subitem-I: Approval of Council Minutes for October 21, 2024.- Adj.

APPROVED
Subitem-J: Approval of Council Minutes for October 22, 2024.- Adj.

APPROVED
Subitem-K: Approval of Council Minutes for October 28, 2024.

APPROVED
Subitem-L: Approval of Council Minutes for October 29, 2024.

APPROVED
Subitem-M: Approval of Council Minutes for November 4, 2024.- Adj.

APPROVED
Subitem-N: Approval of Council Minutes for November 5, 2024.- Adj.

COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Minutes of the Council of the City of San Diego Page 15 for the Special Meeting of Monday, December 9, 2024
Recused: (None);
Not Present: Stephen Whitburn.

Item 601: Beyer Park Phase 1 – Approval of Contract Extension to Exercise Long Term Maintenance and Monitoring Agreement (LTMMA) Option with Dick Miller Inc.

Total Estimated Cost of Proposed Action and Funding Source:

The cost for this request is an additional $418,030 to add to the current construction contract with Dick Miller Inc. This will bring the cost for the construction contract from $16,648,310 to a total of $17,066,340. Funds will come from the Otay Mesa FBA.

Council District(s) Affected: 8.

Proposed Actions:
(O-2025-60) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 14, 2025 Introduction of an Ordinance authorizing the Mayor, or his designee, to exercise the Long Term Maintenance and Monitoring Agreement (LTMMA) option to the Contract with Dick Miller Inc. for an additional amount of $418,030, and extend the term of the Agreement for an additional 60 months in connection with the construction of Beyer Park Phase I. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Foster III, 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) 533-7525 City Attorney Contact: Dana C. Fairchild
COUNCIL ACTION: Start Time: 1:11 PM
Minutes of the Council of the City of San Diego Page 16 for the Special Meeting of Monday, December 9, 2024
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 602: Time Extension of Construction Contract (K-20-1914-EMR-3) Civic Center Plaza Elevator Emergency Modernization Project with Otis Elevator Company.

Total Estimated Cost of Proposed Action and Funding Source:

This action will extend contract duration only and does not have associated Fiscal Considerations.

Council District(s) Affected: 3.

Proposed Actions:
(O-2025-61) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 14, 2025 Introduction of an Ordinance authorizing the obligations of Construction Contract K-20-1914- EMR-3, Civic Center Plaza Elevator Emergency Modernization Project, with Otis Elevator Company to extend beyond five years for an additional one year, through December 16, 2025. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.

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

VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.

Minutes of the Council of the City of San Diego Page 17 for the Special Meeting of Monday, December 9, 2024
Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Christina L. Rae
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 603: Time Extension - Contract # K-18-1472-DBB-3 with Flatiron West Inc., for Construction Services for the West Mission Bay Drive Bridge Over San Diego River Project.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: 2.

Proposed Actions:
(O-2025-57) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 14, 2025 Introduction of an Ordinance authorizing the obligations of construction contract No. K-18- 1472-DBB-3 for West Mission Bay Drive Bridge Over the San Diego River Project, with Flatiron West, Inc. to extend beyond five years for an additional 54 months to December 31, 2028. 6 votes required pursuant to Charter Section 99
Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.

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

Minutes of the Council of the City of San Diego Page 18 for the Special Meeting of Monday, December 9, 2024
VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.

Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert. (von Wilpert seconded the consent agenda, but voted nay on Item 603.) 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: Marni von Wilpert;
Recused: (None);
Not Present: Stephen Whitburn.

Item 604: Second Amendment to Contract with Intergraph Corporation dba Hexagon Safety, Infrastructure & Geospatial Division for Computer Aided Dispatch (CAD) System.

Total Estimated Cost of Proposed Action and Funding Source:

All costs will be coming from General Fund. The total not-to-exceed amount is $6,500,000, which will cover this contract from Fiscal Year 2025 to Fiscal Year 2030.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2025-62) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 14, 2025 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Contract with Intergraph Corporation through its Hexagon Safety, Infrastructure & Geospatial Division, extending the Contract for an additional one year with up to four additional one-year options for a total term of 10 years, for a total not-to-exceed amount of $12,378,244.48 for continued services for a Computer Aided Dispatch System. 6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 19 for the Special Meeting of Monday, December 9, 2024
Committee Actions Taken:

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

ACTION: Motion by Chair von Wilpert, second by Committee Member Whitburn, to recommend Council approval of staff's proposed actions for the Consent Agenda Items 1-4, including Item 3 under the Transparent and Responsible Use of Surveillance Technology Ordinance, finding that the Staff Report, Privacy Advisory Board recommendations, and back up materials support findings under San Diego Municipal Code section 210.0106(b)(2) that: (A) the benefits to the community of the City’s acquisition and use of the surveillance technology outweigh the costs; (B) the proposed use of the surveillance technology will safeguard civil rights and civil liberties; and (C) based on the facts and information presented to the City Council, there is no effective alternative to the proposed surveillance technology that provides a lesser financial cost to the City and impact on civil rights or civil liberties.

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

Police: Virgil Palisoc, (619) 531-2229
City Attorney Contact: Jill S. Cristich
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 605: Extension of K-17-1518-MAC-3, Multiple Award Construction Contract (MACC) for Water, Wastewater, and Storm Water Pipeline Projects for an Additional Twelve (12) Months.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 20 for the Special Meeting of Monday, December 9, 2024
Proposed Actions:
(O-2025-59) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 14, 2025 Introduction of an Ordinance authorizing the obligations of the Multiple Award Construction Contract for water, wastewater, and stormwater pipeline projects with T C Construction Company, Inc. (K-17-1518-MAC-3) to extend beyond five years for an additional twelve months to allow for completion of two task orders and related actions. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.

Motion by Vice Chair LaCava, second by Committee Member Foster III, 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: Shadi Sami, (619) 236-7306 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO INTRODUCE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 606: 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:

Minutes of the Council of the City of San Diego Page 21 for the Special Meeting of Monday, December 9, 2024
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:

Adopt the following Ordinance which was introduced on 11/12/2024, Item 50 (Council voted 7- 0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present):
(O-2025-50) ADOPTED AS ORDINANCE O-21898 (New Series)
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: 1:11 PM

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, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 22 for the Special Meeting of Monday, December 9, 2024
Item 607: 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:

Adopt the following Ordinance which was introduced on 11/12/2024, Item 51 (Council voted 7- 0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present):
(O-2025-54) ADOPTED AS ORDINANCE O-21899 (New Series)
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) 553-4466
City Attorney Contact: Jill S. Cristich
COUNCIL ACTION: Start Time: 1:11 PM
Minutes of the Council of the City of San Diego Page 23 for the Special Meeting of Monday, December 9, 2024

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, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 608: 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:

Adopt the following Ordinance which was introduced on 11/12/2024, Item 52, Subitem-A and Subitem-B (Council voted 7-0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present):

Subitem-A: (O-2025-26) ADOPTED AS ORDINANCE O-21900 (New Series) 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-B: (O-2025-27 Cor. Copy) ADOPTED AS ORDINANCE O-21901 (New Series) 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. 6 votes required pursuant to Charter Section 26.

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 24 for the Special Meeting of Monday, December 9, 2024
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.

Engineering & Capital Projects: Mark Gonzalez, (619) 533-4180 City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 1:11 PM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 609: Extension of Parking Management Contract for Library Department.

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.

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/12/2024, Item 330 (Council voted 7- 0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present):
(O-2025-31) ADOPTED AS ORDINANCE O-21902 (New Series)
Minutes of the Council of the City of San Diego Page 25 for the Special Meeting of Monday, December 9, 2024
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: 1:43 PM
MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE.

Second by Raul A. Campillo.

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: Marni von Wilpert;
Not Present: Stephen Whitburn.

Item 610: 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:

Adopt the following Ordinance which was introduced on 11/12/2024, Item S500 (Council voted 7-0, Councilmember Whitburn-not present, Councilmember von Wilpert-not present):

Minutes of the Council of the City of San Diego Page 26 for the Special Meeting of Monday, December 9, 2024
(O-2025-44) ADOPTED AS ORDINANCE O-21903 (New Series)
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-to-exceed 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 cloud-based 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: 1:11 PM

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, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 27 for the Special Meeting of Monday, December 9, 2024
Item 611: 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.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/12/2024, Item S501, Subitem-A (Council voted 8-0, Councilmember von Wilpert-not present):
(O-2025-56) ADOPTED AS ORDINANCE O-21904 (New Series)
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.
5304 of the CEQA Guidelines.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Parks & Recreation: Erika Ferreira, (619) 685-1323
City Attorney Contact: Catherine Morrison
COUNCIL ACTION: Start Time: 1:11 PM

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, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Minutes of the Council of the City of San Diego Page 28 for the Special Meeting of Monday, December 9, 2024
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 612: California Coastal Commission Modifications to the 2022 Land Development Code Update of the San Diego Municipal Code and Local Coastal Program.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures being authorized with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/18/2024, Item 201, (Council voted 8-0, Councilmember Campillo-not present):
(O-2025-38 Cor. Copy 2) ADOPTED AS ORDINANCE O-21905 (New Series) Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending Section 126.0709; amending Chapter 13, Article 1, Division 2 by amending Section 131.0222; amending Chapter 13, Article 1, Division 3 by amending Section 131.0322; amending Chapter 13, Article 1, Division 5 by amending Section 131.0522; amending Chapter 14, Article 1, Division 4 by amending Section 142.0422; amending Chapter 14, Article 3, Division 13 by amending Section 143.1310; and amending Chapter 15, Article 6, Division 3 by amending Section 156.0307 and Figure F, relating to the 2022 San Diego Land Development Code/Municipal Code Update California Coastal Commission Modifications.

Committee Actions Taken: N/A
Planning: Victoria Ortiz, (619) 236-6091
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 1:11 PM

CONSENT MOTION BY JOE LACAVA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 29 for the Special Meeting of Monday, December 9, 2024
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 613: Approval of First Amendment to the Consultant Agreement (H197037) with Kleinfelder Inc. for Professional Engineering Services for the Design of El Monte Water Transmission Pipeline Rehabilitation Project (S-10008).

Total Estimated Cost of Proposed Action and Funding Source:

This amendment is in the amount not-to-exceed of $2,136,177 from CIP S-10008, El Monte Water Transmission Pipeline Rehabilitation, Water Utility Fund.

Council District(s) Affected: 7 and Outside City Limits.

Proposed Actions:

Subitem-A: (R-2025-258) ADOPTED AS RESOLUTION R-315909
Resolution determining that approval of the first amendment to the consultant agreement (H197037) with Kleinfelder, Inc. for professional engineering services for the design of the El Monte Water Transmission Pipeline Rehabilitation project (S-10008) is statutorily exempt from the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15262.

Subitem-B: (O-2025-58) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 14, 2024 Introduction of an Ordinance approving the first amendment to the consultant agreement (H197037) with Kleinfelder, Inc. for professional engineering services for design of the El Monte Water Transmission Pipeline Rehabilitation project (S-10008) and authorizing related actions.

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

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.

Minutes of the Council of the City of San Diego Page 30 for the Special Meeting of Monday, December 9, 2024
ACTION: Motion by Vice Chair LaCava, second by Committee Member Foster III, 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: Shadi Sami, (619) 236-7306 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 614: Community Project Funding/Congressionally Directed Spending (CPFCDS) Grant Award for S00951, Coastal Rail Trail.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize to increase the Capital Improvement Program (CIP) budget in CIP S00951, Coastal Rail Tral, and to accept, appropriate and expend an amount not-to-exceed $4,116,279 within Fund 600000, GRANT FUND-FEDERAL. The total estimated project cost for subject project is $30,158,005. $23,999,106 has already been allocated to this project to date.

The current funding gap is $6,158,899. The new grant funding will not fully fund this gap.

Council District(s) Affected: 1.

Proposed Actions:
(R-2025-249) ADOPTED AS RESOLUTION R-315910
Resolution authorizing the Mayor, or his designee, to make applications to the California Department of Transportation and take all necessary actions to secure funding in an amount not-to-exceed $4,116,279 in Fund 600000, Grant Fund-Federal, for the Coastal Rail Trail project; Minutes of the Council of the City of San Diego Page 31 for the Special Meeting of Monday, December 9, 2024
Authorizing the Chief Financial Officer to increase the Fiscal Year 2025 Capital Improvement Program Budget, and to accept, appropriate and expend an amount not-to-exceed $4,116,279, for the purpose of supporting construction on the Coastal Rail Trail project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.

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

VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.

Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 615: Harbor Drive Pavement Repair and Pipeline License Project Payment with SANDAG.

Total Estimated Cost of Proposed Action and Funding Source:

The Chief Financial Officer is authorized to increase the Capital Improvements Program Budget in CIP Logan Harbor Dr SANDAG Pave Rpr, and to appropriate and expend an amount not-toexceed $641,679 of which $412,169 from Debt Funded General Fund CIP, and for the purpose of pavement repair and $229,510 from Infrastructure Fund, for pipeline maintenance license repayment.

Minutes of the Council of the City of San Diego Page 32 for the Special Meeting of Monday, December 9, 2024
Council District(s) Affected: 8.

Proposed Actions:
(R-2025-282) ADOPTED AS RESOLUTION R-315911
Resolution authorizing the addition of Capital Improvement Project RD-24001 for Barrio Logan Harbor Drive pavement repair to the Capital Improvement Program.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.

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

VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.

Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 616: Reimbursement Agreement between City and SANDAG for Construction of Pershing Drive Bikeway Pavement Repair Project and Reimbursement Agreement.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize to transfer appropriations in an amount not-to-exceed $804,328.63 from Street Resurfacing and Reconstruction using Debt Funded General Fund.

Minutes of the Council of the City of San Diego Page 33 for the Special Meeting of Monday, December 9, 2024
Council District(s) Affected: 3.

Proposed Actions:

Subitem-A: (R-2025-274) ADOPTED AS RESOLUTION R-315912
Resolution determining that approval of the Reimbursement Agreement with SANDAG for the Pershing Drive Bikeway Pavement Repair Project is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.

Subitem-B: (R-2025-273) ADOPTED AS RESOLUTION R-315913
Resolution authorizing the Mayor, or his designee, to enter into a Reimbursement Agreement with SANDAG, in an amount not-to-exceed $804,328.63, related to the Pershing Drive Bikeway Pavement Repair project.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.

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

VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.

Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Dominic Guglielmo
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Minutes of the Council of the City of San Diego Page 34 for the Special Meeting of Monday, December 9, 2024
Item 617: Reimbursement Agreement between City and SANDAG for Construction of University Ave Bikeway Pavement Repair Reimbursement Agreement.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize to transfer appropriations in an amount not-to-exceed $2,757,803.30 from Street Resurfacing and Reconstruction to CIP University Ave Bikeway Pavement Repair from Debt Funded General Fund.

Council District(s) Affected: 9.

Proposed Actions:

Subitem-A: (R-2025-280) ADOPTED AS RESOLUTION R-315914
Resolution approving a Reimbursement Agreement in an amount not-to-exceed $9,257,803 with SANDAG for the design and construction of University Avenue pavement repairs.

Subitem-B: (R- 2025-281) ADOPTED AS RESOLUTION R-315915 Resolution determining that a Reimbursement Agreement with SANDAG for design and construction of University Avenue pavement repairs is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 13, 2024.

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

VOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.

Transportation Department: Everett Hauser, (619) 533-3012 City Attorney Contact: Cassandra Mougin
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Minutes of the Council of the City of San Diego Page 35 for the Special Meeting of Monday, December 9, 2024
Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 618: First Amendment to the Agreement with CDM Smith Inc. for Preparation of the Public Utilities Department Integrated Master Plan (H2125885).

Total Estimated Cost of Proposed Action and Funding Source:

Authorization of this first amendment to the agreement will increase the cost for engineering consulting services provided by CDM Smith Inc. by $1,472,934 for a total contract amount of $5,254,501 over the extended 60-month term of the agreement. The amendment will be funded by a combination of the Water Fund , Metro Fund, and Muni Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-279) ADOPTED AS RESOLUTION R-315916
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with CDM Smith, Inc. for additional professional services in an amount not-to-exceed $1,472,934, and extend the term of the Agreement an additional 28 months, in connection with the Public Utilities Department Integrated Master Plan project.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on November 14, 2024.

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

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

Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Michael D. Johnston
Minutes of the Council of the City of San Diego Page 36 for the Special Meeting of Monday, December 9, 2024
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 619: Approval of First Amendment to the Agreement with SAP Public Services to Increase Expenditure Authority for SAP Cloud Services.

Total Estimated Cost of Proposed Action and Funding Source:

This request is to increase the cumulative not-to-exceed (NTE) amount from $2,500,000 to $4,705,000 for the agreement between the City of San Diego and the SAP Public Services for SAP Cloud Services.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-243) ADOPTED AS RESOLUTION R-315917
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with SAP Public Services, Inc. for the provisioning of SAP Cloud Services to increase the cumulative not-to-exceed amount of the Agreement from $2,500,000 to $4,705,000 for a term through June 30, 2027, and otherwise modifying the Agreement pursuant to the terms and conditions contained in the First Amendment to the Agreement.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on November 13, 2024.

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

Minutes of the Council of the City of San Diego Page 37 for the Special Meeting of Monday, December 9, 2024
VOTE: 3-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-not present.

Department of Information Technology: Arlo Magpantay, (619) 235-5207 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 620: Approval of Overt Camera Systems Under the Transparent and Responsible Use of Surveillance Technology Ordinance.

Total Estimated Cost of Proposed Action and Funding Source:

There are no expenditures associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-272) ADOPTED AS RESOLUTION R-315918
Resolution approving Overt Camera Systems technology pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.

Committee Actions Taken:

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

ACTION: Motion by Chair von Wilpert, second by Committee Member Whitburn, to recommend Council approval of staff's proposed actions for the Consent Agenda Items 1-4, including Item 3 under the Transparent and Responsible Use of Surveillance Technology Ordinance, finding that Minutes of the Council of the City of San Diego Page 38 for the Special Meeting of Monday, December 9, 2024
the Staff Report, Privacy Advisory Board recommendations, and back up materials support findings under San Diego Municipal Code section 210.0106(b)(2) that: (A) the benefits to the community of the City’s acquisition and use of the surveillance technology outweigh the costs; (B) the proposed use of the surveillance technology will safeguard civil rights and civil liberties; and (C) based on the facts and information presented to the City Council, there is no effective alternative to the proposed surveillance technology that provides a lesser financial cost to the City and impact on civil rights or civil liberties.

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

Police: Sgt. Ronnie Philhower, (619) 531-2319
City Attorney Contact: Jill S. Cristich
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 621: Fiscal Year 2024 Urban Area Security Initiative Grant Program.

Total Estimated Cost of Proposed Action and Funding Source:

This action is to authorize the administration of $14,760,877 of Urban Area Security Initiative grant funding for San Diego Urban Area regional projects, a portion of which will be retained by the City of San Diego.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-159) ADOPTED AS RESOLUTION R-315919
Resolution authorizing the Chief Financial Officer to increase the Fiscal Year 2024 Budget, and to accept, appropriate and expend an amount not-to-exceed $14,760,877, and any additional grant Minutes of the Council of the City of San Diego Page 39 for the Special Meeting of Monday, December 9, 2024
funding awarded under the Homeland Security Grant Program, contingent upon receipt of a fully executed Grant Agreement if the Grant Funding is secured.

Committee Actions Taken:

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

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

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

Office of Emergency Services: Megan Beall, (619) 533-6764 City Attorney Contact: Lara Easton
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 622: Agreement between the City of San Diego and the San Diego Municipal Employees Association to Amend the Memorandum of Understanding regarding Add-On Pays for the Police 911 Dispatcher Classification.

Total Estimated Cost of Proposed Action and Funding Source:

There are no anticipated fiscal impacts related to this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-271) ADOPTED AS RESOLUTION R-315920
Minutes of the Council of the City of San Diego Page 40 for the Special Meeting of Monday, December 9, 2024
Resolution approving an Agreement between the City of San Diego and the San Diego Municipal Employees Association, to amend Article 21 of the Memorandum of Understanding related to add-on pays for the Police 911 Dispatcher classification. 6 votes required pursuant to Charter Section 11.2.

Committee Actions Taken: N/A
Human Resources: Scott Harris, (619) 707-0653
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 623: Establishing Parking Citation Fine Amount for Code Section 22500(n) CVC.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-266 Cor. Copy) ADOPTED AS RESOLUTION R-315921
Resolution establishing a parking citation fine for violations of California Vehicle Code section 22500(n).

Committee Actions Taken:

Minutes of the Council of the City of San Diego Page 41 for the Special Meeting of Monday, December 9, 2024
This item was heard at the Budget & Government Efficiency Committee meeting on November 13, 2024.

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

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

Office of the City Treasurer: Bethany Nocon, (619) 235-5734 City Attorney Contact: David Powell
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

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

Item 624: Adopting an Amended Conflict of Interest Code for the Office of the Chief Financial Officer.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-215) ADOPTED AS RESOLUTION R-315922
Resolution adopting an amended Conflict of Interest Code for the Office of the Chief Financial Officer.

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

Minutes of the Council of the City of San Diego Page 42 for the Special Meeting of Monday, December 9, 2024
Committee Actions Taken: N/A
Department of Finance: Matthew Vespi, (619) 236-6218
City Attorney Contact: Jose A Garcia
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 625: Adopting an Amended Conflict of Interest Code for the City Planning 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-2025-151) ADOPTED AS RESOLUTION R-315923
Resolution adopting an amended Conflict of Interest Code for the City Planning Department.

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

Committee Actions Taken: N/A
Planning: Scott Mercer, (619) 533-3676
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Minutes of the Council of the City of San Diego Page 43 for the Special Meeting of Monday, December 9, 2024
Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 626: Adopting an Amended Conflict of Interest Code for the Risk Management 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-2025-237) ADOPTED AS RESOLUTION R-315924
Resolution adopting an amended Conflict of Interest Code for the Risk Management Department.

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

Committee Actions Taken: N/A
Risk Management: Quennelle Allen, (619) 236-6185
City Attorney Contact: Hilda R. Mendoza
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 44 for the Special Meeting of Monday, December 9, 2024
Not Present: Stephen Whitburn.

Item 627: Amended Conflict of Interest Code for the Compliance 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-2025-269) ADOPTED AS RESOLUTION R-315925
Resolution adopting an amended Conflict of Interest Code for the Compliance Department.

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

Committee Actions Taken: N/A
Compliance Department: Christiana Gauger, (619) 236-7158 City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 628: Adopting an Amended Conflict of Interest Code for the San Diego Police Department.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 45 for the Special Meeting of Monday, December 9, 2024
There are no costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-270) ADOPTED AS RESOLUTION R-315926
Resolution adopting an amended Conflict of Interest Code for the San Diego Police Department.

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

Committee Actions Taken: N/A
Police: Silvia Satrom, (619) 531-2109
City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 629: Adopting an Amended Conflict of Interest Code for the Human Resources Department.

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 46 for the Special Meeting of Monday, December 9, 2024
(R-2025-239) ADOPTED AS RESOLUTION R-315927
Resolution adopting an amended Conflict of Interest Code for the Human Resources Department.

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

Committee Actions Taken: N/A
Human Resources: Kanella Glover, (619) 897-0458
City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 630: San Diego Junior Lifeguard Program Fee Increase.

Total Estimated Cost of Proposed Action and Funding Source:

The Junior Lifeguard program is a Category II – partially recoverable program. The program will continue to collect revenues through tuition and expend said revenue through program activities. The proposed fee for Fiscal Year 2025 will increase from $669 to $890, resulting in an estimated net revenue increase of $276,776.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-283 Cor. Copy) ADOPTED AS RESOLUTION R-315928
Resolution approving a tuition fee increase to the San Diego Junior Lifeguard Program.

Minutes of the Council of the City of San Diego Page 47 for the Special Meeting of Monday, December 9, 2024
Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on November 13, 2024.

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

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

Fire-Rescue: James Gaboury, (619) 533-4401
City Attorney Contact: Daniel Orloff
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 631: A Resolution of the Council of the City of San Diego to Prohibit the Parking of Vehicles For Sale on Sunset Lane between Averil Road and W. San Ysidro Boulevard, on W. San Ysidro Boulevard between Smythe Avenue and Averil Road, on Beyer Boulevard between Coronado Avenue and Iris Avenue, and on Alverson Road between Sunset Lane and W. San Ysidro Boulevard.

Total Estimated Cost of Proposed Action and Funding Source:

Minimal costs will be covered by Transportation Department's operating budget.

Council District(s) Affected: 8.

Proposed Actions:

Subitem-A: (R-2025-131) ADOPTED AS RESOLUTION R-315929
Minutes of the Council of the City of San Diego Page 48 for the Special Meeting of Monday, December 9, 2024
Resolution determining that the prohibition of parking vehicles for sale on Sunset Lane between Averil Road and W. San Ysidro Boulevard, on W. San Ysidro Boulevard between Smythe Avenue and Averil Road, on Beyer Boulevard between Coronado Avenue and the end of Iris Avenue, and on Alverson Road between Sunset Lane and W. San Ysidro Boulevard is exempt from the California Environmental Quality Act Pursuant to Section 15301 of the CEQA Guidelines.

Subitem-B: (R-2025-130) ADOPTED AS RESOLUTION R-315930
Resolution approving the prohibition of parking vehicles for sale on Sunset Lane between Averil Road and W. San Ysidro Boulevard, on W. San Ysidro Boulevard between Smythe Avenue and Averil Road, on Beyer Boulevard between Coronado Avenue and the end of Iris Avenue, and on Alverson Road between Sunset Lane and W. San Ysidro Boulevard.

Committee Actions Taken:

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

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

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

Council District 8: Giancarlo Lopez, (619) 236-6688
City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 632: Settlement of Christian Caitlin Garrett v. City of San Diego, San Diego Superior Court Case No. 37-2023-00052284-CU-PO-CTL, Claim No. 33296.

Minutes of the Council of the City of San Diego Page 49 for the Special Meeting of Monday, December 9, 2024
Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $115,000 will be paid from Public Liability Fund.

Council District(s) Affected: 2.

Proposed Actions:
(R-2025-236) ADOPTED AS RESOLUTION R-315931
Resolution authorizing the settlement of Christian Caitlin Garrett v. City of San Diego, San Diego Superior Court Case No. 37-2023-00052284-CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property. Risk Claim No. 33296.

Committee Actions Taken: N/A
Office of the City Attorney: Aaron B. Markowitz, (619) 533-5651 COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 633: Settlement of Paul Hiller v. City of San Diego, et al., San Diego Superior Court Case No. 37-2023-00016879 CU-PO-CTL, Claim No. 32022.

Total Estimated Cost of Proposed Action and Funding Source:

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

Council District(s) Affected: 1.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 50 for the Special Meeting of Monday, December 9, 2024
(R-2025-234) ADOPTED AS RESOLUTION R-315932
Resolution authorizing the settlement of Paul Hiller v. City of San Diego, et al., San Diego Superior Court Case No. 37-2023-00016879 CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property. Risk Claim No. 32022.

Committee Actions Taken: N/A
Office of the City Attorney: Ian G. Williamson, (619) 533-5920 COUNCIL ACTION: Start Time: 1:11 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

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

Item 634: Kelly Doan Day.

MAYOR GLORIA AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming December 9th, 2024, to be “Kelly Doan Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 1:31 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 51 for the Special Meeting of Monday, December 9, 2024
Not Present: Stephen Whitburn.

Item 635: Runaway & Homeless Youth Month.

COUNCILMEMBER WHITBURN AND COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming November 2024, to be “Runaway & Homeless Youth Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 1:31 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 636: Short-Term Action Plan Update.

Total Estimated Cost of Proposed Action and Funding Source:

The shelter movements highlighted within this short-term action plan all currently fall within the FY 2025 approved budget.

Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This is an informational item only.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 52 for the Special Meeting of Monday, December 9, 2024
Homelessness Strategies: Sarah Jarman, (619) 385-6963
COUNCIL ACTION: Start Time: 1:52 PM
Item 637: Approval Authorizing the Acceptance, Appropriation, and Expenditure of Round 5 of the State of California Homeless Housing, Assistance, and Prevention Grant.

Total Estimated Cost of Proposed Action and Funding Source:

This item authorizes the Mayor, or designee, to accept the HHAP-5 grant award in the amount of $29,918,593.27.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-268) ADOPTED AS RESOLUTION R-315933
Resolution to accept, appropriate, and expend a Homeless Housing, Assistance, and Prevent Round 5 Grant from the State of California.

Committee Actions Taken: N/A
Homelessness Strategies: Sarah Jarman, (619) 385-6963
City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 2:34 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Henry L. Foster III.

Minutes of the Council of the City of San Diego Page 53 for the Special Meeting of Monday, December 9, 2024
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.

Item 638: Approval of the Final Map “Tierra Alta”.

NOTICE of Pending Final Map Approval
Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Tierra Alta" (T.M. No. 98-0792, PRJ No. 1068246) located at 11304 Caminito Rodar, San Diego, CA. in the RS-1-13 and OC-1-1 zone, within the Mira Mesa Community Plan Area, Council District 6, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, any approved alterations thereof, and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) This map is a Condominium Project as defined in section 4125 et. seq. of the Civil Code of the State of California and is filed pursuant to the Subdivision Map Act. City Council Resolution No.

R-295656 adopted October 30, 2001, and Substantial Conformance Review No. 1180114 approved August 17, 2015, approve the development of eight (8) residential condominium units:

Lot 1 will contain four (4) units and Lot 2 will contain four (4) units. (4) The map is technically correct.

Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Greg Jeffries at (619) 446-5132.

Item 639: Approval of the Final Map “Towne Centre View”.

NOTICE of Pending Final Map Approval
Minutes of the Council of the City of San Diego Page 54 for the Special Meeting of Monday, December 9, 2024
Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Towne Centre View" (T.M. No. 2507560, PRJ No. 624751) located at the terminus of Towne Centre Drive, north of Eastgate Mapp at 9855 / 9865 / 9875 Towne Centre Drive, San Diego, CA., in the IP-1-1, RS-1-14, and RS-1-7 zones, within the University Community Plan Area, Council District 6, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, any approved alterations thereof, and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) This map is filed pursuant to the Subdivision Map Act. City Planning Commission Resolution No. R-315049 adopted July 24, 2023, approved the development of eight (8) lots for a university research and development campus.
(4) The map is technically correct.

Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Greg Jeffries at (619) 446-5132.

Item 640: This item was removed from the Agenda.

Item 641: SDG&E 2024 Presentation on Gas & Electric Rates.

Total Estimated Cost of Proposed Action and Funding Source:

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

Minutes of the Council of the City of San Diego Page 55 for the Special Meeting of Monday, December 9, 2024
Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Sustainability and Mobility: Megan Ong, (619) 236-7077
COUNCIL ACTION: Start Time: 3:48 PM
Item 642: Declaring the Results of the November 5, 2024 Municipal General Election And Municipal Special Election Held In The City of San Diego.

Total Estimated Cost of Proposed Action and Funding Source:

No anticipated cost associated.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-252) ADOPTED AS RESOLUTION R-315934
Resolution declaring the results of the Municipal General Election and Municipal Special Election held in the City of San Diego on November 5, 2024.

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

Committee Actions Taken: N/A
Office of the City Clerk: Diana J.S. Fuentes, (619) 533-4080 City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 1:45 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Kent Lee.

Minutes of the Council of the City of San Diego Page 56 for the Special Meeting of Monday, December 9, 2024
Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 643: Resolution Directing the City’s Management Team for Labor Relations to Meet and Confer, as Required by the Meyers-Milias-Brown Act, Related to a Proposed Ordinance to Establish City Standards for Local Emergencies Related to Housing and Homelessness.

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

Proposed Actions:
(R-2025-194) ADOPTED AS RESOLUTION R-315935
Resolution directing the City's management team for labor relations to meet and confer, as required by the Meyers-Milias-Brown Act, related to a proposed ordinance to establish City standards for local emergencies related to housing and homelessness.

Committee Actions Taken: N/A
Council District 9: Maya Rosas, (619) 236-6699
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 3:03 PM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

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

Minutes of the Council of the City of San Diego Page 57 for the Special Meeting of Monday, December 9, 2024
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 644: Fiesta Island Dog Park Appreciation Day.

COUNCIL PRESIDENT PRO TEM LACAVA AND COUNCILMEMBER CAMPBELL'S RECOMMENDATION:

APPROVED
Proclaiming December 9, 2024, to be “Fiesta Island Dog Park Appreciation Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 1:31 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 645: Friends of Rose Creek 20th Anniversary Day.

COUNCIL PRESIDENT PRO TEM LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming December 4, 2024, to be “Friends of Rose Creek 20th Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 1:31 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 58 for the Special Meeting of Monday, December 9, 2024
Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

Item 646: Alexis Villanueva Day.

COUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER FOSTER III'S RECOMMENDATION:

APPROVED
Proclaiming December 14, 2024, to be “Alexis Villanueva Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 1:31 PM
MOTION BY JENNIFER CAMPBELL TO APPROVE. Second by Marni von Wilpert.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Stephen Whitburn.

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 59 for the Special Meeting of Monday, December 9, 2024

ADJOURNMENT
The meeting was adjourned by Council President Pro Tem LaCava at 5:14 p.m.

COUNCIL ACTION: Start Time: 5:14 PM

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