Minutes — San Diego City Council, February 25, 2025

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, FEBRUARY 25, 2025
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..............................................................................................................................5 ATTENDANCE DURING THE MEETING.....................................................................................................................5 ROLL CALL...........................................................................................................................................................................5 LAND ACKNOWLEDGEMENT.......................................................................................................................................6 PLEDGE OF ALLEGIANCE ...............................................................................................................................................6 NON-AGENDA PUBLIC COMMENT...........................................................................................................................6 MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT 8 SPECIAL ORDERS OF BUSINESS..................................................................................................................................8 Item 30: San Diego FC Day..........................................................................................................................................9 Item 31: Teen Dating Violence Awareness and Prevention Month.............................................................9 Item 32: 2025 Lincoln High School Football State Champions Day .........................................................10 Item 33: Southeast Disaster Response Team Day............................................................................................10 Item 34: David Hanses Day.......................................................................................................................................11 Item 35: San Diego Program of All-Inclusive Care for the Elderly Day....................................................11 Item 36: Dwayne Hill Day ..........................................................................................................................................12 Item 50: Time Extension Request of a Consultant Agreement and Four (4) Construction Contracts for Various Capital Improvements Projects ....................................................................................12 Minutes of Tuesday, February 25, 2025 Page 2
Table of Contents (Continued)
Item 51: Amendments to the San Diego Municipal Code to Consolidate the Department of Real Estate and Airport Management Under the Economic Development Department.............................14 Item 52: Affordable Housing Preservation Ordinance ...................................................................................15 Item 53: Nakano Project – Project No. PRJ-1076302......................................................................................17 Item 54: Extension of Job Order Contract (JOC) Pipeline South of I-8; K-20-1878-JOC-3, for Sewer & AC Water Group 794..................................................................................................................................18 Item 55: Ordinance to Authorize a Contract Extension Between the City of San Diego and Brycer, LLC ........................................................................................................................................................................19 Item 60: Approval of the Joint Use Agreements Between the City and San Diego Unified School District for Birney Elementary, Boone Elementary, Clairemont Canyons Academy, Fletcher Elementary, Kumeyaay Elementary, Perry Elementary, Rowan Elementary, and Wilson Middle Schools...............................................................................................................................................................................21 Item 100: Authorization to Execute a Letter of Relinquishment Acceptance Between the City and Caltrans to Convey Land Between Santa Fe Street and I-5 to the City Beneath the Rose Creek Bikeway ..............................................................................................................................................................................22 Item 101: Authorization to Receive $850,000 for Marie Widman Memorial Park in the United States Department of Housing and Urban Development (HUD) Fiscal Year 2024 Economic Development Initiative - Community Project Funding ...................................................................................23 Item 102: Authorization to Retain Casey Gerry Schenk Francavilla Blatt & Penfield LLP as Outside Co-Counsel, In re: Shale Oil Antitrust Litigation...............................................................................................25 Item 103: Approve a Relinquishment Agreement Between the California Department of Transportation and the City of San Diego for the City to Accept Title to a Nonmotorized Transportation Facility and Associated Approximately 2.3 Acres of Real Property Along Interstate 5, Bounded by Boston Avenue, 29th Street and 32nd Street.......................................................................25 Item 104: Approval of Fiscal Year 2025 City Council Allocations of Arts, Culture and Community Festivals (ACCF) Funding Awards, Pursuant to Council Policy 100-23, to Nonprofit Organizations with Existing Contracts with the City of San Diego’s Commission for Arts And Culture...................27 Item 105: Accept a 53-acre Land Donation in the East Elliott Area of San Diego (Assessor’s Parcel Numbers 366-030-39, 366-030-47, and 366-031-16), from the Mission Trails Regional Minutes of Tuesday, February 25, 2025 Page 3
Table of Contents (Continued)
Park Foundation, Dedicate the Land as Open Space, and Add the Land to the City of San Diego’s Multiple Species Conservation Program...............................................................................................................28 Item 106: Compensation Agreement with Civic San Diego for the Construction of the 14th Street Greenway Block #2 Project ...........................................................................................................................28 Item 107: Ratification of Twenty-eight (28) Emergency Sole Source Contracts for Fiscal Year 2024.....................................................................................................................................................................................30 Item 108: Settlement of Marguerite Herrick v. City of San Diego, San Diego Superior Court Case No. 37-2023-00036450-CU-PO-CTL, Claim No. 33589...................................................................................31 Item 109: Reappointment to the Planning Commission...............................................................................32 Item 110: Reappointments to the San Diego Housing Commission Board of Commissioners.....32 Item 111: Appointment to the San Diego County Water Authority Board of Directors...................33 Item 330: Informational Update from San Diego Community Power......................................................34 Item 331: Annual Update from San Diego City Port Commissioners.......................................................35 Item 332: Creation of Underground Utility Districts for North Clairemont (6L), Jamacha-Lomita (4X and 4X1), Barrio Logan (8H) and Kensington (3CC1) and the Adoption of Final Mitigated Negative Declaration (Project No. 594590).........................................................................................................35 Item S500: Amendments to the Rules of Council ............................................................................................36 Item S501: Crystal Trent Day....................................................................................................................................37 Item S502: Live Event Worker Safety at City Facilities Ordinance..............................................................38 Item S503: Approval of an Affordable Housing CDBG Loan Agreement with PSCDC The Grant LLC in an Amount not-to-exceed $2,500,000 for the Grant at Mission Trails Affordable Housing Project ................................................................................................................................................................................39 Item S504: FY 2025 Community Projects, Programs, and Services Funding Allocations from Council District 5 to 14 Nonprofit Organizations..............................................................................................40 Item S505: FY 2025 Community Projects, Programs, and Services Funding Allocation(s) from Council District 8 to 22 Nonprofit Organizations..............................................................................................41 Minutes of Tuesday, February 25, 2025 Page 4
Table of Contents (Continued)
Item S506: FY 2025 Community Projects, Programs, and Services Funding Allocations from Council District 9 to 23 Nonprofit Organizations..............................................................................................42 Item S507: Actions Related to (a) Environmental Review of the Los Peñasquitos Lagoon Enhancement Plan; and (b) Approval the Third Amendment to the Agreement with Burns & McDonnell Engineering Company, Inc., Contract #H197073, for the Los Peñasquitos Lagoon Restoration Phase 1 Project.......................................................................................................................................43 Item S508: Property Tax Exchange Agreement Between the City of Chula Vista and the City of San Diego Relating to the Nakano Annexation.................................................................................................45 REPORT OUT FROM CLOSED SESSION.................................................................................................................46 ADJOURNMENT .............................................................................................................................................................46 Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, February 25, 2025

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President LaCava at 10:04 a.m. Councilmember Moreno arrived to the meeting at 10:07 a.m. Councilmember von Wilpert arrived to the meeting at 10:14 a.m. Council President LaCava recessed the meeting at 11:24 a.m. for the purpose of a break. Council President LaCava reconvened the meeting at 11:45 a.m. with Councilmember Foster not present. Councilmember Foster arrived to the meeting at 11:50 a.m.

Councilmember Moreno left the meeting at 12:33 p.m. Councilmember Campbell left the meeting at 12:48 p.m. The meeting was recessed by Council President LaCava at 12:53 p.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President LaCava at 2:03 p.m. with all Councilmembers present. The meeting was adjourned by Council President LaCava at 4:36 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

CD-1 Council President 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 Council President Pro Tem Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Councilmember Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Fuentes (cp/gs)

ROLL CALL
(1) Council President LaCava-present
(2) Councilmember Campbell-present
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, February 25, 2025
(3) Councilmember Whitburn-present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-not present
(6) Council President Pro Tem Lee-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-not present
(9) Councilmember Elo-Rivera-present

LAND ACKNOWLEDGEMENT
Statement read by Councilmember Elo-Rivera.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Elo-Rivera.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

U.S. Citizen commented on 14th Amendment.

COUNCIL ACTION: Start Time: 12:49 PM
PUBLIC COMMENT-2:

William Keith commented on homeless shelters in San Diego.

COUNCIL ACTION: Start Time: 12:51 PM
PUBLIC COMMENT-3 (virtual):

Lori Saldaña commented on responding to the public’s questions; and Energy Cooperation Agreement negotiations.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, February 25, 2025
COUNCIL ACTION: Start Time: 4:22 PM
PUBLIC COMMENT-4 (virtual):

Becky Rapp commented on children exposed to secondhand marijuana smoke in the home.

COUNCIL ACTION: Start Time: 4:24 PM
PUBLIC COMMENT-5 (virtual):

Joy Sunyata commented on sustainable AI.

COUNCIL ACTION: Start Time: 4:26 PM
PUBLIC COMMENT-6 (virtual):

Francine Maxwell commented on the Commission on Police Practices needs to remain independent.

COUNCIL ACTION: Start Time: 4:28 PM
PUBLIC COMMENT-7 (virtual):

Megan Stuart commented on commercialization of marijuana.

COUNCIL ACTION: Start Time: 4:30 PM
PUBLIC COMMENT-8 (virtual):

Madison commented on smoke-free multi-unit housing policy.

COUNCIL ACTION: Start Time: 4:32 PM
PUBLIC COMMENT-9 (virtual):

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, February 25, 2025
Peggy Walker commented on public health and safety concerns.

COUNCIL ACTION: Start Time: 4:34 PM

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

Councilmember von Wilpert mentioned the partnership with Lennar Developers and San Diego Unified and Poway Unified School Districts, which offers up to a minimum of $40,000 for teachers who teach in one of those districts within Council District 5, to help purchase their first home. She announced those interested can apply beginning on March 1st through the Urban League of San Diego.

COUNCIL ACTION: Start Time: 12:17 PM
CITY CLERK COMMENT:

City Clerk Fuentes shared that the San Diego Municipal Code requires her to adjust the campaign contribution limits on a biennial basis to reflect any changes in the Consumer Price Index for the San Diego area. She announced all limitations have increased. City Clerk Fuentes mentioned the adjustments have been posted online and are available for viewing. She stated these contribution limit adjustments shall go into effect immediately and shall be effective only in regard to elections held in subsequent calendar years.

COUNCIL ACTION: Start Time: 12:16 PM

SPECIAL ORDERS OF BUSINESS
None.

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

Item 30: San Diego FC Day.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, February 25, 2025

MAYOR GLORIA, COUNCILMEMBER WHITBURN, COUNCILMEMBER VON WILPERT, AND COUNCILMEMBER ELO-RIVERA'S RECOMMENDATION:

APPROVED
Proclaiming March 1, 2025, to be “San Diego FC Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:07 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 31: Teen Dating Violence Awareness and Prevention Month.

CITY ATTORNEY FERBERT AND COUNCIL PRESIDENT PRO TEM LEE'S RECOMMENDATION:

APPROVED
Proclaiming February 2025 to be “Teen Dating Violence Awareness and Prevention Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:07 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, February 25, 2025
Item 32: 2025 Lincoln High School Football State Champions Day.

COUNCILMEMBER FOSTER III'S RECOMMENDATION:

APPROVED
Proclaiming February 25, 2025, to be “2025 Lincoln High School Football State Champions Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:07 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 33: Southeast Disaster Response Team Day.

COUNCILMEMBER FOSTER III, COUNCILMEMBER MORENO, AND COUNCILMEMBER ELORIVERA'S RECOMMENDATION:

APPROVED
Proclaiming February 25, 2025, to be “Southeast Disaster Response Team Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:07 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, February 25, 2025
Not Present: (None).

Item 34: David Hanses Day.

COUNCILMEMBER VON WILPERT'S RECOMMENDATION:

APPROVED
Proclaiming February 25, 2025, to be “David Hanses Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:07 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 35: San Diego Program of All-Inclusive Care for the Elderly Day.

COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming February 25, 2025, to be “San Diego Program of All-Inclusive Care for the Elderly Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:07 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, February 25, 2025
Recused: (None);
Not Present: (None).

Item 36: Dwayne Hill Day.

COUNCILMEMBER FOSTER III AND COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming March 1, 2025, to be “Dwayne Hill Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:07 AM
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item 50: Time Extension Request of a Consultant Agreement and Four (4) Construction Contracts for Various Capital Improvements Projects.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action, it is for time extension only.

Council District(s) Affected: 1, 2, 5, 6, 9.

Proposed Actions:

Subitem-A: (O-2025-79) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the Second Amendment to the Agreement with Merkel & Associates Inc., to provide consulting services to the Mission Bay Navigational Safety Dredging Project through April 30, 2025.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, February 25, 2025
Subitem-A: 6 votes required pursuant to Charter Section 99.

Subitem-B: (O-2025-80) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Introduction of an Ordinance authorizing the obligations of Construction Contract K-17-1504- DBB-3, AC Water and Sewer Group Job 1017, with Burtech Pipeline Inc. to extend beyond five years through November 3, 2025.

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

Subitem-C: (O-2025-81) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Introduction of an Ordinance authorizing the obligations of Construction Contract K-19-1804- DBB-3, AC Water and Sewer Group job 807, with Burtech Pipeline Inc. to extend beyond five years through November 10, 2025.

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

Subitem-D: (O-2025-82) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Introduction of an Ordinance authorizing the obligations of Construction Contract K-18-1543- JOC-3, SP17 Street Paving North of US Interstate Route 8, with TC Construction Company, Inc. to extend beyond five years through September 6, 2025.

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

Subitem-E: (O-2025-83) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Introduction of an Ordinance authorizing the obligations of Construction Contract K-18-1469- DBB-3, Sunset Cliffs Natural Park Phase 2 Trail and Revegetation, with RAL Investment Corporation to extend beyond five years through October 9, 2025.

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

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on January 30, 2025.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, February 25, 2025
ACTION: Motion by Chair Whitburn, second by Vice Chair Lee, to recommend Council approval of staff's proposed actions, with Committee Member von Wilpert noting she does not support staff's recommendation on Item B.

VOTE: 4-0; Whitburn-yea, Lee-yea, Foster III-yea, von Wilpert-yea.

Engineering & Capital Projects: Shadi Sami, (619) 236-7306 City Attorney Contact: Christina L. Rae
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 51: Amendments to the San Diego Municipal Code to Consolidate the Department of Real Estate and Airport Management Under the Economic Development 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:
(O-2025-70) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Introduction of an Ordinance amending San Diego Municipal Code Chapter 2, Article 2, Division 2 by repealing section 22.0220; amending Chapter 2, Article 2, Division 18, section 22.1801, Chapter 2, Article 2, Division 24, section 22.2403 and Chapter 6, Article 8, Division 1, section

68.0101 relating to City Departments.
6 votes required pursuant to Charter Section 26.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, February 25, 2025
Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on February 5, 2025.

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

VOTE: 3-0; Campillo-yea, Foster III-yea, Lee-yea, Campbell-not present.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 52: Affordable Housing Preservation Ordinance.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/3/2025, Item 200, Subitem-B (Council voted 9-0):
(O-2025-69) ADOPTED AS ORDINANCE O-21917 (New Series)
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, February 25, 2025
Ordinance amending Chapter 9, Article 8 of the San Diego Municipal Code by adding new Division 10, sections 98.1001, 98.1002, 98.1003, 98.1004, 98.1005, 98.1006, 98.1007, and 98.1008 relating to Affordable Housing Preservation.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on November 21, 2024.

ACTION: Motion by Committee Member Moreno, second by Chair Lee, to approve staff recommendation to amend San Diego Municipal Code Chapter 9, Article 8 to adopt the proposed Affordable Housing Preservation Ordinance and request that prior to this item being docketed for discussion at City Council, the Housing Commission staff and City Attorney revise the draft language to clarify the timeframe for posting the Notice of Intent to Sell to notify tenants under subdivision b of Section 98.1005.

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

Housing Commission: Wendy DeWitt, (619) 578-7590
City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 11:46 AM

CONSENT MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 53: Nakano Project – Project No. PRJ-1076302.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact. All costs associated with the processing of the application are recovered through a fee paid for by the Applicant.

Council District(s) Affected: 8.

Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, February 25, 2025
COUNCIL ACTION: Start Time: 11:46 AM
Proposed Actions:

Adopt the following Ordinance which was introduced on 2/3/2025, Item 202, Subitem-B (Council voted 8-0, Councilmember Whitburn-not present):

Subitem-A: (O-2025-71 Cor. Copy) ADOPTED AS ORDINANCE O-21918 (New Series) Ordinance pre-zoning 23.8 acres located in the City of Chula Vista (Assessor Parcel Number 624- 071-02-00) to the Residential Multiple Unit (RM-1-1) zone as defined by San Diego Municipal Code Section 131.0406 and repealing Ordinance O-18451 (New Series), adopted December 9, 1997, insofar as the same conflicts.

Subitem-A: This item is not subject to the Mayor's veto.

Adopt the following Ordinance which was introduced on 2/3/2025, Item 202, Subitem D, (Council voted 8-0, Councilmember Whitburn-not present):

Subitem-B: (O-2025-73 Cor. Copy) ADOPTED AS ORDINANCE O-21919 (New Series) Ordinance approving an Annexation Agreement between the City of San Diego, City of Chula Vista, and Tri Pointe Homes, IE-SD, Inc. related to the Nakano Project.

Subitem-B: This item is not subject to the Mayor's veto.

Adopt the following Ordinance which was introduced on 2/3/2025, Item 202, Subitem H (Council voted 8-0, Councilmember Whitburn-not present):

Subitem-C: (O-2025-72 Cor. Copy 2) ADOPTED AS ORDINANCE O-21920 (New Series) Ordinance to amend the boundary of Council District Eight to include property located in Otay Mesa proposed to be annexed into the City’s jurisdictional boundaries.

Subitem-C: This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Oscar Galvez, (619) 446-5237
City Attorney Contact: Corrine Neuffer
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, February 25, 2025

CONSENT MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Jennifer Campbell.

Passed by the following vote:

Item 54: Extension of Job Order Contract (JOC) Pipeline South of I-8; K-20-1878-JOC-3, for Sewer & AC Water Group 794.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: 8.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/3/2025, Item S400 (Council voted 9- 0):
(O-2025-88 Cor. Copy 2) ADOPTED AS ORDINANCE O-21921 (New Series) Ordinance authorizing the obligations of Job Order Contract K-20-1878-JOC-3, Pipeline South of I-8, to extend beyond five years to complete Sewer and AC Water Group 794 Task PS 1878-011 and Sewer and AC Water Group 794 Task PS 1878-012.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on January 30, 2025.

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

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, February 25, 2025
VOTE: 4-0; Whitburn-yea, Lee-yea, Foster III-yea, von Wilpert-yea.

Engineering & Capital Projects: Shadi Sami, (619) 236-7306 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 11:46 AM

CONSENT MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 55: Ordinance to Authorize a Contract Extension Between the City of San Diego and Brycer, LLC.

Total Estimated Cost of Proposed Action and Funding Source:

There is no fiscal impact associated with this Action. This contract does not require payment by the City, as it merely allows the Fire-Rescue Department to access reports in the web portal, which are paid by the licensed contractors.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance introduced on 2/11/2025, Item 50 (Council voted 7-0, Councilmember Foster III and Councilmember Campillo-not present):
(O-2025-74) ADOPTED AS ORDINANCE O-21922 (New Series)
Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Brycer LLC for The Compliance Engine, extending the Agreement through June 30, 2025.

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, February 25, 2025
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on January 22, 2025.

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

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

Fire-Rescue: James Gaboury, (619) 533-4401
City Attorney Contact: Daniel Orloff
COUNCIL ACTION: Start Time: 11:46 AM

CONSENT MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 60: Approval of the Joint Use Agreements Between the City and San Diego Unified School District for Birney Elementary, Boone Elementary, Clairemont Canyons Academy, Fletcher Elementary, Kumeyaay Elementary, Perry Elementary, Rowan Elementary, and Wilson Middle Schools.

Total Estimated Cost of Proposed Action and Funding Source:

This action will not obligate the City to expend any funds in the current fiscal year that have not already been included in the Annual Department Budget
Council District(s) Affected: 2, 3, 4, 7, 9.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, February 25, 2025
Subitem-A: (R-2025-394) ADOPTED AS RESOLUTION R-316042
Resolution determining that the Joint Use Agreements are exempt from the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) and Section 15323 (Normal Operations of Facilities for Public Gatherings) of the CEQA Guidelines.

Subitem-B: (O-2025-85) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Introduction of an Ordinance authorizing the Mayor, or his designee, to enter into eight Joint Use Agreements with the San Diego Unified School District to provide joint use of school facilities.

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

Committee Actions Taken:

This item was heard at the Community and Neighborhood Services Committee meeting on January 29, 2025.

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

VOTE: 3-0; Campbell-yea, Foster III-yea, Campillo-yea.

Parks & Recreation: Shannon Scoggins, (619) 236-6894
City Attorney Contact: Catherine Morrison
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, February 25, 2025
Item 100: Authorization to Execute a Letter of Relinquishment Acceptance Between the City and Caltrans to Convey Land Between Santa Fe Street and I-5 to the City Beneath the Rose Creek Bikeway.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2025-393) ADOPTED AS RESOLUTION R-316043
Resolution of the Council of the City of San Diego Determining that Accepting Relinquishment of Approximately 22,000 Square Feet of Land Located between the Interstate 5 Freeway and Santa Fe Street, beneath the Rose Creek Bikeway, from the California Department of Transportation Is Categorically Exempt from the California Environmental Quality Act under Title 14 California Code of Regulations Section 15301.

Subitem-B: (R-2025-392) ADOPTED AS RESOLUTION R-316044
Resolution of the Council of the City of San Diego Authorizing Acceptance of Relinquishment from the California Department of Transportation of Approximately 22,000 Square Feet of Land Located between the Interstate 5 Freeway and Santa Fe Street, beneath the Rose Creek Bikeway.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on February 6, 2025.

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

VOTE: 4-0; Lee-yea, Elo-Rivera-yea, Campillo-yea, Moreno-yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Brian Byun
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, February 25, 2025
Passed by the following vote:

Item 101: Authorization to Receive $850,000 for Marie Widman Memorial Park in the United States Department of Housing and Urban Development (HUD) Fiscal Year 2024 Economic Development Initiative - Community Project Funding.

Total Estimated Cost of Proposed Action and Funding Source:

This action will authorize the acceptance of $850,000 for P23005 Marie Widman Memorial Park GDP in federal grant funds.

Council District(s) Affected: 4.

Proposed Actions:
(R-2025-389 Cor. Copy) ADOPTED AS RESOLUTION R-316045
Resolution authorizing the Mayor, or his designee, to make application to the U.S. Department of Housing and Urban Development Grant Program and take all necessary actions to secure funding in an amount not-to-exceed $850,000 in Fund 600000 Grant Fund - Federal for improvements to Marie Widman Memorial Park GDP (Project).

Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not-toexceed $850,000, in Grant Program funding for the Project, contingent upon receipt of a fully executed Grant Agreement if the Grant funding is secured; and for all related actions.

Committee Actions Taken:

This item was heard at the Community and Neighborhood Services Committee meeting on January 29, 2025.

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

VOTE: 3-0; Campbell-yea, Foster III-yea, Campillo-yea.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, February 25, 2025
Parks & Recreation: Tom Tomlinson, (619) 533-3187
City Attorney Contact: Alma Robbins
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 102: Authorization to Retain Casey Gerry Schenk Francavilla Blatt & Penfield LLP as Outside Co-Counsel, In re: Shale Oil Antitrust Litigation.

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-2025-353) ADOPTED AS RESOLUTION R-316046
Resolution approving the retention of outside co-counsel on a no-fee basis to help represent the City in class action litigation against major U.S. oil and gas producers for alleged price fixing violations under federal and state antitrust laws.

Committee Actions Taken: N/A
Office of the City Attorney: Mark Ankcorn, (619) 533-4048 COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, February 25, 2025
Passed by the following vote:

Item 103: Approve a Relinquishment Agreement Between the California Department of Transportation and the City of San Diego for the City to Accept Title to a Nonmotorized Transportation Facility and Associated Approximately 2.3 Acres of Real Property Along Interstate 5, Bounded by Boston Avenue, 29th Street and 32nd Street.

Total Estimated Cost of Proposed Action and Funding Source:

There are no costs associated with this action.

Council District(s) Affected: 8.

Proposed Actions:
(R-2025-391) ADOPTED AS RESOLUTION R-316047
Resolution approving a Relinquishment Agreement between the California Department of Transportation and the City of San Diego for the City to accept title to a nonmotorized transportation facility and associated approximately 2.5 acres of real property along Interstate 5, bounded by Boston Avenue, 29th Street, and 32nd Street.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on February 6, 2025.

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

VOTE: 4-0; Lee-yea, Elo-Rivera-yea, Campillo-yea, Moreno-yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Delmar Williams
COUNCIL ACTION: Start Time: 11:46 AM
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, February 25, 2025
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 104: Approval of Fiscal Year 2025 City Council Allocations of Arts, Culture and Community Festivals (ACCF) Funding Awards, Pursuant to Council Policy 100-23, to Nonprofit Organizations with Existing Contracts with the City of San Diego’s Commission for Arts And Culture.

Total Estimated Cost of Proposed Action and Funding Source:

An aggregate amount not-to-exceed $154,000, in previously budgeted Arts, Culture, and Community Festival (ACCF) funds, pursuant to various recommended allocations by Council Districts 1, 2, 4, 5, 6, 7, 8, and 9.

Council District(s) Affected: 1, 2, 4, 5, 6, 7, 8, 9.

Proposed Actions:
(R-2025-381) ADOPTED AS RESOLUTION R-316048
Resolution approving Fiscal Year 2025 City Council allocations of Arts, Culture and Community Festivals (ACCF) funding awards, pursuant to Council Policy 100-23, to nonprofit organizations with existing contracts with the City of San Diego's Commission for Arts and Culture.

Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, February 25, 2025
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 105: Accept a 53-acre Land Donation in the East Elliott Area of San Diego (Assessor’s Parcel Numbers 366-030-39, 366-030-47, and 366-031-16), from the Mission Trails Regional Park Foundation, Dedicate the Land as Open Space, and Add the Land to the City of San Diego’s Multiple Species Conservation Program.

Total Estimated Cost of Proposed Action and Funding Source:

This is a land donation from the Mission Trails Regional Park Foundation. The Properties will be managed by the existing staff of Mission Trails Regional Park Rangers. The expenditures and maintenance obligations, including periodic trash pickup, non-native plant control, and managing access to the area, will be covered within the park's existing operations budget.

Council District(s) Affected: 7.

Proposed Actions:
(R-2025-386) RETURNED TO STAFF
Resolution authorizing the Mayor to accept the donation of 53 acres of real property in the East Elliott area of San Diego from Mission Trails Regional Park Foundation, Inc.

Committee Actions Taken:

This item was heard at the Land Use and Housing Committee meeting on February 6, 2025.

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

VOTE: 4-0; Lee-yea, Elo-Rivera-yea, Campillo-yea, Moreno-yea.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Julie Gough Inman
COUNCIL ACTION: Start Time: 10:07 AM
Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, February 25, 2025
Item 106: Compensation Agreement with Civic San Diego for the Construction of the 14th Street Greenway Block #2 Project.

Total Estimated Cost of Proposed Action and Funding Source:

The FY25 approved budget for CIP S24012, 14th Street Greenway Block #2 is $1,000,000 from the AHSC Grant Fund (R-315478). The requested actions appropriate an additional $2,400,000 from the Floor Area Ratio fund 400850 for a total amount of $3,400,000 of City funds. This project does not require the obligation or expenditure of any General Funds.

Council District(s) Affected: 3.

Proposed Actions:
(R-2025-379) ADOPTED AS RESOLUTION R-316049
Resolution of the Council of the City of San Diego authorizing a Compensation Agreement between the City of San Diego and Civic San Diego for construction of the 14th Street Greenway Block #2 Project in the Downtown Community Plan Area, approving funding, and related actions.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on February 5, 2025.

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

VOTE: 3-0; Campillo-yea, Foster III-yea, Lee-yea, Campbell-not present.

Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Kate Malcolm
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, February 25, 2025
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 107: Ratification of Twenty-eight (28) Emergency Sole Source Contracts for Fiscal Year 2024.

Total Estimated Cost of Proposed Action and Funding Source:

Funding for these contracts was previously approved and certified as part of the emergency contract execution process. There is no financial impact with this action. Additional funding will be certified in the future, if needed, to address unforeseen conditions.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2025-377) ADOPTED AS RESOLUTION R-316050
Resolution ratifying twenty-eight emergency sole source contracts awarded in Fiscal Year 2024 under Section 22.3108 of the San Diego Municipal Code.
6 votes required pursuant to San Diego Municipal Code section 22.3108(a)(2).

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on January 30, 2025.

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

VOTE: 4-0; Whitburn-yea, Lee-yea, Foster III-yea, von Wilpert-yea.

Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 11:46 AM
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, February 25, 2025
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 108: Settlement of Marguerite Herrick v. City of San Diego, San Diego Superior Court Case No. 37-2023-00036450-CU-PO-CTL, Claim No. 33589.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $90,000 will be paid from the Water Utility Operating Fund.

Council District(s) Affected: 5.

Proposed Actions:
(R-2025-356) ADOPTED AS RESOLUTION R-316051
Resolution authorizing the settlement of Marguerite Herrick v. City of San Diego, San Diego Superior Court Case No. 37-2023-00036450-CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property. Risk Claim No. 33589.

Committee Actions Taken: N/A
Office of the City Attorney: Zachariah Hill Rowland, (619) 235-5794 COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, February 25, 2025
Not Present: (None).

Item 109: Reappointment to the Planning Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 4.

Proposed Actions:
(R-2025-370) ADOPTED AS RESOLUTION R-316052
Resolution confirming the Mayor's reappointment of Kenneth Malbrough to the Planning Commission for a term ending January 28, 2029.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 110: Reappointments to the San Diego Housing Commission Board of Commissioners.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, February 25, 2025
Council District(s) Affected: 5.

Proposed Actions:
(R-2025-373) ADOPTED AS RESOLUTION R-316053
Resolution confirming the Mayor's reappointment of Stephen Cushman and Eugene Mitchell to the San Diego Housing Commission Board of Commissioners for terms ending January 2, 2029.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 111: Appointment to the San Diego County Water Authority Board of Directors.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 8.

Proposed Actions:
(R-2025-385) ADOPTED AS RESOLUTION R-316054
Resolution confirming the Mayor's appointment of Venus Molina to the San Diego County Water Authority Board of Directors for a term ending January 1, 2028.

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, February 25, 2025
Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item 330: Informational Update from San Diego Community Power.

Total Estimated Cost of Proposed Action and Funding Source:

None associated with this item.

Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Council District 1: Brian Elliott, (619) 510-6874
COUNCIL ACTION: Start Time: 12:18 PM
Item 331: Annual Update from San Diego City Port Commissioners.

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, February 25, 2025
Total Estimated Cost of Proposed Action and Funding Source:

None associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Council District 1: Luz Anaya Luna, (619) 236-6611
COUNCIL ACTION: Start Time: 2:04 PM
Item 332: Creation of Underground Utility Districts for North Clairemont (6L), Jamacha-Lomita (4X and 4X1), Barrio Logan (8H) and Kensington (3CC1) and the Adoption of Final Mitigated Negative Declaration (Project No. 594590).

Total Estimated Cost of Proposed Action and Funding Source:

There is no City expenditure being approved with this action.

Council District(s) Affected: 2, 4, 8, 9.

Proposed Actions:

Subitem-A: (R-2025-339) ADOPTED AS RESOLUTION R-316061
Resolution Adopting Mitigated Negative Declaration No. 594590 and Adopting the Mitigation, Monitoring, and Reporting Program for the Group 160621 Undergrounding Utilities Districts Project.

Subitem-B: (R-2025-338) ADOPTED AS RESOLUTION R-316062
Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, February 25, 2025
Resolution determining that establishing Underground Utility District for Block 6L in North Clairemont community is exempt from the California Environmental Quality Act under Section 15302 of the CEQA Guidelines.

Subitem-C: (R-2025-340) ADOPTED AS RESOLUTION R-316063
Resolution determining that the creation of the described Districts is in the public interest and necessary for public health, safety, or general welfare; declaring the Districts to be underground utility districts; authorizing the Mayor or his designee to establish an undergrounding schedule for the Districts; and instructing the Mayor or his designee to notify all Affected Persons and Utility Companies of the provisions of the District schedule once adopted.

Committee Actions Taken: N/A
Transportation Department: James Nabong, (619) 533-3721 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 3:44 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Sean Elo-Rivera.

Passed by the following vote:

Item S500: Amendments to the Rules of Council.

Total Estimated Cost of Proposed Action and Funding Source:

None associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2025-87) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Minutes of the Council of the City of San Diego Page 36 for the Regular Meeting of Tuesday, February 25, 2025
Introduction of an Ordinance amending Chapter 2, Article 2, Division 1 of the San Diego Municipal Code by amending section 22.0101, relating to the Rules of Council.

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

Committee Actions Taken:

This item was heard at the Rules Committee meeting on January 29, 2025.

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

VOTE: 5-0; LaCava-yea, Lee-yea, Campillo-yea, Moreno-yea, Elo-Rivera-yea.

Council District 1: Luz Anaya Luna, (619) 236-6611
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

NOTE: The following Proclamation was NOT presented in Council Chambers.

Item S501: Crystal Trent Day.

COUNCILMEMBER FOSTER III'S RECOMMENDATION:

APPROVED
Proclaiming February 25, 2025, to be “Crystal Trent Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:07 AM
Minutes of the Council of the City of San Diego Page 37 for the Regular Meeting of Tuesday, February 25, 2025
MOTION BY STEPHEN WHITBURN TO APPROVE. Second by Kent Lee.

Passed by the following vote:

Item S502: Live Event Worker Safety at City Facilities Ordinance.

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

Proposed Actions:
(O-2025-75) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Introduction of an Ordinance amending Chapter 2, Article 2 of the San Diego Municipal Code by adding Division 60, Sections 22.6001, 22.6002, 22.6003, 22.6004, 22.6005, 22.6006, and 22.6007, relating to live event worker safety.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on December 6, 2023.

ACTION: Motion by Chair Campillo, second by Committee Member Lee, to request that the Office of the City Attorney work with the Council District 7 staff to bring forward an ordinance for City Council consideration that requires vendors producing live events at City-owned or operated facilities and parks to certify that entertainment workers have completed the OSHA 10- hour course, and supervisors have completed the OSHA 30-hour course and are certified through the ETCP.

VOTE: 3-0; Campillo-yea, Campbell-yea, Lee-yea.

Council District 7: Summer Patton, (619) 980-3028
City Attorney Contact: Alma Robbins
Minutes of the Council of the City of San Diego Page 38 for the Regular Meeting of Tuesday, February 25, 2025
COUNCIL ACTION: Start Time: 3:00 PM
MOTION BY RAUL A. CAMPILLO TO INTRODUCE. Second by Stephen Whitburn.

Passed by the following vote:

Item S503: Approval of an Affordable Housing CDBG Loan Agreement with PSCDC The Grant LLC in an Amount not-to-exceed $2,500,000 for the Grant at Mission Trails Affordable Housing Project.

Total Estimated Cost of Proposed Action and Funding Source:

The total cost of this loan agreement is not-to-exceed $2,500,000. The loan agreement will be funded by Community Development Block Grant (CDBG) funds.

Council District(s) Affected: 7.

Proposed Actions:
(R-2025-395) ADOPTED AS RESOLUTION R-316064
Resolution of the Council of the City of San Diego approving the Loan Agreement for the Grant at Mission Trails Affordable Housing Project within the Navajo Community Plan Area and authorizing a related loan in an amount not-to-exceed $2,500,000 in Community Development Block Grant Funds to the project developer, PSCDC The Grant LLC.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: Marguerite Middaugh
COUNCIL ACTION: Start Time: 4:05 PM
MOTION BY RAUL A. CAMPILLO TO ADOPT. Second by Marni von Wilpert.

Minutes of the Council of the City of San Diego Page 39 for the Regular Meeting of Tuesday, February 25, 2025
Passed by the following vote:

Item S504: FY 2025 Community Projects, Programs, and Services Funding Allocations from Council District 5 to 14 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $900,000. Of those previously budgeted funds, this item allocates $82,500 of Council District 5's CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 5.

Proposed Actions:

Subitem-A: (R-2025-407) ADOPTED AS RESOLUTION R-316055
Resolution determining that the approval of Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 5 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301.

Subitem-B: (R-2025-406) ADOPTED AS RESOLUTION R-316056
Resolution approving Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 5 to 14 nonprofit organizations in the aggregate amount of $82,500.

Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 11:46 AM
Minutes of the Council of the City of San Diego Page 40 for the Regular Meeting of Tuesday, February 25, 2025
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item S505: FY 2025 Community Projects, Programs, and Services Funding Allocation(s) from Council District 8 to 22 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2025 Community Project, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $900,000. Of those previously budgeted funds, this item allocates $71,500 of Council District 8’s CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 8.

Proposed Actions:
(R-2025-404) ADOPTED AS RESOLUTION R-316057
Resolution approving Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 8 to 22 nonprofit organizations and public agencies in the aggregate amount of $71,500.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 41 for the Regular Meeting of Tuesday, February 25, 2025
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item S506: FY 2025 Community Projects, Programs, and Services Funding Allocations from Council District 9 to 23 Nonprofit Organizations.

Total Estimated Cost of Proposed Action and Funding Source:

Previously budgeted Fiscal Year 2024 Community Projects, Programs, and Services (CPPS) funding allocations for all nine Council Districts total $900,000. Of those previously budgeted funds, this item allocates $100,000 of Council District 9's CPPS funds to various nonprofit organizations pursuant to Council Policy 100-06.

Council District(s) Affected: 9.

Proposed Actions:

Subitem-A: (R-2025-399) ADOPTED AS RESOLUTION R-316058
Resolution determining that the approval of Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 9 to certain nonprofit organizations is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15301 and 15304.

Subitem-B: (R-2025-396) ADOPTED AS RESOLUTION R-316059
Resolution approving Fiscal Year 2025 Community Projects, Programs, and Services (CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council District 9 to 23 nonprofit organizations in the aggregate amount of $100,000.

Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 11:46 AM
Minutes of the Council of the City of San Diego Page 42 for the Regular Meeting of Tuesday, February 25, 2025
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Jennifer Campbell.

Passed by the following vote:

Item S507: Actions Related to (a) Environmental Review of the Los Peñasquitos Lagoon Enhancement Plan; and (b) Approval the Third Amendment to the Agreement with Burns & McDonnell Engineering Company, Inc., Contract #H197073, for the Los Peñasquitos Lagoon Restoration Phase 1 Project.

Total Estimated Cost of Proposed Action and Funding Source:

There is no cost associated with this action.

Council District(s) Affected: 1.

Proposed Actions:

Subitem-A: (R-2025-388) ADOPTED AS RESOLUTION R-316060
Resolution declaring that the City has considered Environmental Impact Report No. 2017121036, certified by the California Department of Parks and Recreation, and adopting the Findings, Statement of Overriding Considerations, and Mitigation, Monitoring, and Reporting Program associated with the EIR, and adopting Addendum No. 697735 and the associated Mitigation, Monitoring, and Reporting Program for the Los Peñasquitos Lagoon Restoration Project Phase 1.

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

Subitem-B: (O-2025-78) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 3 to the Contract with Burns & McDonnell Engineering Company, Inc., extending the Contract through December 31, 2030, in connection with the Los Peñasquitos Lagoon Restoration Project Phase 1.

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

Minutes of the Council of the City of San Diego Page 43 for the Regular Meeting of Tuesday, February 25, 2025
Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on January 30, 2025.

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

VOTE: 4-0; Whitburn-yea, Lee-yea, Foster III-yea, von Wilpert-yea.

Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 11:46 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Jennifer Campbell.

Passed by the following vote:

Item S508: Property Tax Exchange Agreement Between the City of Chula Vista and the City of San Diego Relating to the Nakano Annexation.

Total Estimated Cost of Proposed Action and Funding Source:

All costs associated with the processing of the permit applications are recovered through fees paid for by the Applicant.

Council District(s) Affected: 8.

Proposed Actions:
(O-2025-90) INTRODUCED, TO BE ADOPTED TUESDAY, MARCH 11, 2025 Minutes of the Council of the City of San Diego Page 44 for the Regular Meeting of Tuesday, February 25, 2025
Introduction of an Ordinance Approving the Property Tax Exchange Agreement for the Annexation of the Nakano Project Property into the Jurisdictional Boundaries of the City of San Diego.
6 votes required pursuant to Charter Section 99.

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

Committee Actions Taken: N/A
Development Services: Oscar Galvez, (619) 446-5237
City Attorney Contact: Corrine Neuffer
COUNCIL ACTION: Start Time: 4:16 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Kent Lee.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
The meeting was adjourned by Council President LaCava at 4:36 p.m.

COUNCIL ACTION: Start Time: 4:36 PM

San Diego City CouncilFebruary 25, 2025

San Diego City Council
February 25, 2025