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Minutes

San Diego City Council
December 9, 2025

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December 9, 2025
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San Diego City Council
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THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, DECEMBER 09, 2025
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 LAND ACKNOWLEDGEMENT .................................................................................................5 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................7 SPECIAL ORDERS OF BUSINESS ...........................................................................................7 Item 10: Approval of Council Minutes...................................................................................7 Item 30: Lao American Refugee Remembrance Day..............................................................7 Item 31: Southwestern Yacht Club Centennial Anniversary Day..............................................8 Item 32: Hillcrest Youth Center 25th Anniversary Day ...........................................................8 Item 50: Exemption of Hourly Council Representative I Position from Classified Service............. ..........................................................................................................................................9 Item 51: Second Amendment to Cooperative Procurement Contract with Dell Marketing, L.P. for Microsoft Software, Subscriptions, and Services ..............................................................10 Item 52: Eleventh Amended Joint Powers Agreement Confirming the Creation of an Agency Known as Southern California Coastal Water Research Project (SCCWRP) ..............................11 Item 53: Approval of an Ordinance Authorizing the Mayor or Designee to Execute the First Amendment to the As-Needed Cooperative Procurement Contract with Nokia of America Corporation for Public Safety Communications Products, Services and Solutions .....................12 Minutes of Tuesday, December 09, 2025 Page 2
Table of Contents (Continued)
Item 54: Authorization to Enter Into and Execute a Contract with TenFore Golf to Provide Golf Course Point-of-Sale Systems and Golf Reservation Services .................................................13 Item 55: Authorization for the Public Facilities Financing Authority of the City of San Diego Sewer Revenue Bonds........................................................................................................14 Item 56: Second Amendment to Agreement with Hugo Parker, LLP to Provide Continuing Legal Services for Cadena v. City of San Diego..............................................................................15 Item 57: Request for an Extension of the Construction Contract # K-20-1911-DBB-3 with Burtech Pipeline Incorporated for the Construction of the Balboa Park Pipeline Phase III Project ........................................................................................................................................16 Item 58: Time Extension of Construction Contract (K-20-1914-EMR-3) with Otis Elevator Company, and Authorization of Construction Change Order No. 4 for the Civic Center Plaza Elevator Emergency Modernization Project...........................................................................17 Item 59: Time Extension of Construction Contract (K-17-1456-DBB-3) with Steve P. Rados, Inc., and 5th Amendment to Consultant Agreement (H115417) with Lee and Ro Inc. for the Pump Station 2 Power Reliability & Surge Protection Project .................................................18 Item 60: Amendments to Chapter 2, Article 7, Divisions 1, 2, 3, 4, 6, 7, 8, and 9 of the San Diego Municipal Code and the City Clerk Administrative Guidelines All Related to Elections......19 Item 100: Authorization for the City Attorney to Retain Nixon Peabody LLP as General Outside Disclosure Counsel .............................................................................................................22 Item 101: Settlement of L.J., a Minor, by and Through his Guardian ad Litem Karyn Jones, an Individual v. Poway Unified School District, et al., San Diego Superior Court No. 37-2020- 00021789-CU-CR-NC, Claim No. 22625................................................................................23 Item 102: Settlement of Pre-Litigation Claim of John O. Wood, Risk Claim File No. 39672.......... ........................................................................................................................................23 Item 103: Settlement of Peggy Wilson v. City of San Diego, San Diego Superior Court No. 37- 2024-00028982-CU-PO-CTL, Claim No. 30983......................................................................24 Item 104: Settlement of Susan Baker v. City of San Diego, San Diego Superior Court No: 37- 2023-00028707-CU-PO-CTL, Claim No. 33197......................................................................25 Item 105: Settlement of Gerald Toombs v. City of San Diego, San Diego Superior Court No. 37- 2023-00019667-CU-PO-CTL, Claim No. 30006......................................................................26 Item 106: Settlement of Nicholas Inzunza v. City of San Diego, San Diego Superior Court Case No. 37-2023-00046783-CU-EI-CTL, Claim No. 35060 ............................................................26 Minutes of Tuesday, December 09, 2025 Page 3
Table of Contents (Continued)
Item 107: Settlement of Orion Construction v. City of San Diego, et al., San Diego Superior Court Case No. 25CU013361C, Claim No. 37935...................................................................27 Item 330: Fiscal Year 2026 Capital Improvements Program (CIP) Mid-Year Budget Monitoring Report and CIP Budget Revisions ........................................................................................28 Item 331: Approve a Resolution Authorizing the Approved 54 Surveillance Use Policies to Remain in Effect Under the TRUST Ordinance with Modifications as Identified........................29 Item S500: Settlement of Steven Lee Wilson v. City of San Diego, et al., San Diego Superior Court No. 25CU032027C, Claim No. 39289...........................................................................33 Item S501: Officer Carlos Lacarra Retirement Day...............................................................34 REPORT OUT FROM CLOSED SESSION................................................................................35 ADJOURNMENT .................................................................................................................35 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, December 09, 2025

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President LaCava at 10:02 a.m. Councilmember Whitburn and Councilmember Lee arrived to the meeting at 10:04 a.m. Councilmember EloRivera arrived to the meeting at 10:08 a.m. Councilmember Campillo left the meeting at 11:33 a.m. The meeting was recessed by Council President LaCava at 11:43 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President LaCava at 2:06 p.m. with Councilmember Elo-Rivera not present. Councilmember Elo-Rivera arrived to the meeting at 2:09 p.m.

Councilmember Campbell left the meeting at 8:37 p.m. The meeting was adjourned by Council President LaCava at 8:46 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 (km)

ROLL CALL
(1) Council President LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-not present
(4) Councilmember Foster-present
(5) Councilmember von Wilpert-not present
(6) Council President Pro Tem Lee-not present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, December 09, 2025
(9) Councilmember Elo-Rivera-not present

LAND ACKNOWLEDGEMENT
Statement read by Councilmember Foster.

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

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Bob Kuczewski commented on Torrey Pines Gliderport.

COUNCIL ACTION: Start Time: 11:24 AM
PUBLIC COMMENT-2:

Paul Kruger commented on Item S500.

COUNCIL ACTION: Start Time: 11:26 AM
PUBLIC COMMENT-3 (virtual):

Andrea Ebbing commented on San Diego’s District Attorney’s Office.

COUNCIL ACTION: Start Time: 11:27 AM
PUBLIC COMMENT-4 (virtual):

Blair Beekman commented on data collection; Santa Fe Station; and Otay Mesa park issues.

COUNCIL ACTION: Start Time: 11:30 AM
PUBLIC COMMENT-5 (virtual):

Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, December 09, 2025
Nancy Behm commented on tax payer funds.

COUNCIL ACTION: Start Time: 11:32 AM
PUBLIC COMMENT-6 (virtual):

Francine Maxwell commented on town hall meetings; and budget.

COUNCIL ACTION: Start Time: 11:33 AM
PUBLIC COMMENT-7 (virtual):

Tasha Williamson requested the firing of a Police Officer.

COUNCIL ACTION: Start Time: 11:36 AM
PUBLIC COMMENT-8 (virtual):

Becky Rapp commented on marijuana impaired driving.

COUNCIL ACTION: Start Time: 11:37 AM
PUBLIC COMMENT-9 (virtual):

Kathleen Lippitt commented on trash cans; budget deficit; and homelessness.

COUNCIL ACTION: Start Time: 11:39 AM
PUBLIC COMMENT-10 (virtual):

Madison commented on risk of cannabis use during pregnancy.

COUNCIL ACTION: Start Time: 11:41 AM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, December 09, 2025

SPECIAL ORDERS OF BUSINESS
None.

Item 10: Approval of Council Minutes.

Proposed Actions:

Subitem-A: APPROVED
Approval of Council Minutes for September 29, 2025.

Subitem-B: APPROVED
Approval of Council Minutes for September 30, 2025.

Subitem-C: APPROVED
Approval of Council Minutes for October 06, 2025.

Subitem-D: Approval of Council Minutes for October 07, 2025.

COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

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

Item 30: Lao American Refugee Remembrance Day.

COUNCIL PRESIDENT PRO TEM LEE, COUNCILMEMBER FOSTER III, AND COUNCILMEMBER ELO-RIVERA'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, December 09, 2025
Proclaiming December 9, 2025, to be “Lao American Refugee Remembrance Day:
ກກກກກກກກກກກກກກກກກກກກກກກກກກກກກ” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 31: Southwestern Yacht Club Centennial Anniversary Day.

COUNCILMEMBER CAMPBELL AND COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Proclaiming December 9, 2025, to be “Southwestern Yacht Club Centennial Anniversary Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 32: Hillcrest Youth Center 25th Anniversary Day.

COUNCILMEMBER WHITBURN'S RECOMMENDATION:

APPROVED
Proclaiming December 9, 2025, to be “Hillcrest Youth Center 25th Anniversary Day” in the City of San Diego.

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, December 09, 2025
COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 50: Exemption of Hourly Council Representative I Position from Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The salary allocation will be absorbed by the Council District 7 personal budget.

Council District(s) Affected: 7.

Proposed Actions:
(O-2026-46) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 13, 2026 Introduction of an Ordinance authorizing the exemption of a Council Representative I position assigned to the Council District 7 Office from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on November 6, 2025. This position will be responsible for responding to citizen inquiries, representing the Councilmember at community meetings, drafting commendations and proclamations, assisting with policy research and development, and analyzing and reporting constituent inquiry data. This Action is brought under San Diego Charter section 117(a)(17).

Committee Actions Taken: N/A
Council District 7: Michael Simonsen, (619) 236-6677
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO INTRODUCE. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, December 09, 2025
Recused: (None);
Not Present: Marni von Wilpert.

Item 51: Second Amendment to Cooperative Procurement Contract with Dell Marketing, L.P. for Microsoft Software, Subscriptions, and Services.

Total Estimated Cost of Proposed Action and Funding Source:

This action authorizes the City to execute the Second Amendment to the Cooperative Procurement Contract for Microsoft Software, Subscriptions, and Services with Dell Marketing, L.P. to increase the not-to-exceed amount by $1,334,300 for a new not-to-exceed amount of $34,000,000, to be funded from the General and Enterprise Funds.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2026-44) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 13, 2026 Introduction of an Ordinance authorizing the Mayor, or designee, to execute the Second Amendment to the Cooperative Procurement Contract between the City of San Diego and Dell Marketing, L.P., for the acquisition of Microsoft Software, Subscriptions and Services, to increase the not-to-exceed amount from $32,665,700 to $34,000,000 and otherwise modifying the Contract pursuant to the terms and conditions contained in the Second Amendment to the Contract on file with the Office of the City Clerk.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on November 5, 2025.

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

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

Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO INTRODUCE. Second by Henry L. Foster III.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, December 09, 2025
Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 52: Eleventh Amended Joint Powers Agreement Confirming the Creation of an Agency Known as Southern California Coastal Water Research Project (SCCWRP).

Total Estimated Cost of Proposed Action and Funding Source:

The five-year SCCWRP JPA cost of $3,185,000 will be funded through the Public Utilities Metropolitan Wastewater Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2026-45) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 13, 2026 Introduction of an Ordinance authorizing the Mayor or designee to execute the Eleventh Amended Joint Powers Agreement confirming the creation of the Southern California Coastal Water Research Project (SCCWRP), between the City of San Diego, City of Los Angeles, Orange County Sanitation District, and the County Sanitation District No. 2 of Los Angeles County, in an amount not-to-exceed $3,185,000 over a period of five years. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on November 13, 2025.

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

VOTE: 3-0; Elo-Rivera-yea, Campbell yea, LaCava-yea.

Public Utilities: Peter Vroom, (619) 758-2301
City Attorney Contact: Christina L. Rae
COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO INTRODUCE. Second by Henry L. Foster III.

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, December 09, 2025
Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 53: Approval of an Ordinance Authorizing the Mayor or Designee to Execute the First Amendment to the As-Needed Cooperative Procurement Contract with Nokia of America Corporation for Public Safety Communications Products, Services and Solutions.

Total Estimated Cost of Proposed Action and Funding Source:

This action requests authorization to increase the not-to-exceed amount from $3,000,000 to $8,000,000 with funding coming from the Wireless Communications Technology Fund and possible Grant Funding.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2026-52) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 13, 2026 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the Cooperative Contract with Nokia of America Corporation, extending the Contract through December 31, 2028 in an amount not-to-exceed $8,000,000 for as-needed public safety communications products, services and solutions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on November 5, 2025.

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

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

Department of Information Technology: Jonathan Behnke, (619) 533-3637 City Attorney Contact: Mark Imada
COUNCIL ACTION: Start Time: 11:02 AM
Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, December 09, 2025
CONSENT MOTION BY SEAN ELO-RIVERA TO INTRODUCE. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 54: Authorization to Enter Into and Execute a Contract with TenFore Golf to Provide Golf Course Point-of-Sale Systems and Golf Reservation Services.

Total Estimated Cost of Proposed Action and Funding Source:

This action seeks funding in the amount of $16,100 annually for a total of five (5) years. At the end of five (5) years, the City has the option to extend for five (5) additional one-year periods.

If all contract extensions are exercised, it would result in a total funding need of $161,000.

Funds are available in the amount of $16,100 annually from the Golf Course Enterprise Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2026-53) INTRODUCED, TO BE ADOPTED TUESDAY, JANUARY 13, 2026 Introduction of an Ordinance authorizing the Mayor, or designee, to execute a contract with TenFore Golf, Inc. to provide golf course point-of-sale systems and golf reservation services. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on November 5, 2025.

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

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

Parks & Recreation: Tim Graham, (858) 552-1634
City Attorney Contact: Jane M. Boardman
COUNCIL ACTION: Start Time: 11:02 AM
Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, December 09, 2025
CONSENT MOTION BY SEAN ELO-RIVERA TO INTRODUCE. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 55: Authorization for the Public Facilities Financing Authority of the City of San Diego Sewer Revenue Bonds.

Total Estimated Cost of Proposed Action and Funding Source:

Estimated debt service for the 2026 Sewer Bonds is $15 million annually from Fiscal Year 2027 to Fiscal Year 2056, paid from the Sewer Revenue Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/18/2025, Item 330, (Council voted 8-0, Councilmember Campbell-not present):
(O-2026-43) ADOPTED AS ORDINANCE O-22022 (New Series)
Ordinance approving the forms and authorizing the execution and delivery of one or more supplemental indentures, supplements to master installment purchase agreement, bond purchase agreements, escrow agreements and continuing disclosure certificates; and approving and authorizing the issuance and sale by the Public Facilities Financing Authority of the City of San Diego of one or more series of its senior or subordinated 2026 sewer revenue bonds and approving other related documents and actions.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on November 5, 2025.

ACTION: Motion by Council President Pro Tem Lee, second by Councilmember Elo-Rivera, to recommend Council approval of staff’s proposed actions.

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

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, December 09, 2025
Department of Finance: Jyothi Pantulu, (619) 236-6917
City Attorney Contact: Marguerite Ella Middaugh
COUNCIL ACTION: Start Time: 11:02 AM

CONSENT MOTION BY SEAN ELO-RIVERA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 56: Second Amendment to Agreement with Hugo Parker, LLP to Provide Continuing Legal Services for Cadena v. City of San Diego.

Total Estimated Cost of Proposed Action and Funding Source:

There are no additional costs associated with this action.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/18/2025, Item S504, (Council voted 7-0, Councilmember Foster III-not present, Councilmember von Wilpert-not present):
(O-2026-32) ADOPTED AS ORDINANCE O-22023 (New Series)
Ordinance of the council of the City of San Diego authorizing the second amendment to the legal services agreement between the City of San Diego and Hugo Parker, LLP. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 236-7722 COUNCIL ACTION: Start Time: 11:02 AM

CONSENT MOTION BY SEAN ELO-RIVERA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Henry L. Foster III.

Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, December 09, 2025
Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 57: Request for an Extension of the Construction Contract # K-20-1911-DBB-3 with Burtech Pipeline Incorporated for the Construction of the Balboa Park Pipeline Phase III Project.

Total Estimated Cost of Proposed Action and Funding Source:

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

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/18/2025, Item 52, (Council voted 7- 0, Councilmember Foster III-not present, Councilmember von Wilpert-not present):
(O-2026-31) ADOPTED AS ORDINANCE O-22024 (New Series)
Ordinance authorizing the extension of the obligations of construction contract K-20-1911-DBB-3 with Burtech Pipeline Incorporated for construction of the Balboa Park Pipeline Phase III Project 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 October 23, 2025.

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

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

Engineering & Capital Projects: Shadi Sami, (619) 236-7306 City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 11:02 AM
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, December 09, 2025

CONSENT MOTION BY SEAN ELO-RIVERA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 58: Time Extension of Construction Contract (K-20-1914-EMR-3) with Otis Elevator Company, and Authorization of Construction Change Order No. 4 for the Civic Center Plaza Elevator Emergency Modernization Project.

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:

Adopt the following Ordinance which was introduced on 11/18/2025, Item 51, (Council voted 7- 0, Councilmember Foster III-not present, Councilmember von Wilpert-not present):
(O-2026-42) ADOPTED AS ORDINANCE O-22025 (New Series)
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 through June 30, 2026, and authorizing the Mayor or designee to sign Change Order No. 4 with Otis Elevator Company for this Construction Contract. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on October 23, 2025.

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

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

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, December 09, 2025
Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Christina L. Rae
COUNCIL ACTION: Start Time: 11:02 AM

CONSENT MOTION BY SEAN ELO-RIVERA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 59: Time Extension of Construction Contract (K-17-1456-DBB-3) with Steve P. Rados, Inc., and 5th Amendment to Consultant Agreement (H115417) with Lee and Ro Inc. for the Pump Station 2 Power Reliability & Surge Protection Project.

Total Estimated Cost of Proposed Action and Funding Source:

No cost impact, time extension only.

Council District(s) Affected: 2.

Proposed Actions:

Adopt the following Ordinance which was introduced on 11/18/2025, Item 50, Subitem A-B (Council voted 7-0, Councilmember Foster III-not present, Councilmember von Wilpert-not present):

Subitem-A: (O-2026-38) ADOPTED AS ORDINANCE O-22026 (New Series) Ordinance authorizing the obligations of contract K-17-1456-DBB-3 with Steve P. Rados, Inc. for construction of the Pump Station 2 Power Reliability and Surge Protection project to extend through December 31, 2027, and related actions.

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

Subitem-B: (O-2026-37) ADOPTED AS ORDINANCE O-22027 (New Series) Ordinance authorizing a fifth amendment to consultant contract H115417 with Lee And Ro, Inc. for continued construction support services for the Pump Station 2 Power Reliability and Surge Protection project and related actions.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, December 09, 2025
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 October 23, 2025.

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

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

Engineering & Capital Projects: George Ghossain, (619) 533-4397 City Attorney Contact: Adam Wander
COUNCIL ACTION: Start Time: 11:02 AM

CONSENT MOTION BY SEAN ELO-RIVERA TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 60: Amendments to Chapter 2, Article 7, Divisions 1, 2, 3, 4, 6, 7, 8, and 9 of the San Diego Municipal Code and the City Clerk Administrative Guidelines All Related to Elections.

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

Proposed Actions:

Subitem-A: (O-2026-56) INTRODUCED, TO BE ADOPTED MONDAY, JANUARY 12, 2026 Introduction of an Ordinance amending Chapter 2 of the San Diego Municipal Code by amending the title of Article 7; amending Chapter 2, Article 7, Division 1 by amending sections 27.0101 and 27.0103; by amending and renumbering section 27.0106 to section 27.0104, section

27.0107 to section 27.0105, and section 27.0115 to section 27.0106; by adding new section

27.0107; by amending section 27.0108; by amending and renumbering section 27.0116 to section 27.0109; by retitling, amending, and renumbering section 27.0119 to section 27.0110; by amending and renumbering section 27.0104 to section 27.0111; by adding new section Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, December 09, 2025

27.0112; by amending and renumbering section 27.0114 to section 27.0113, and section

27.0105 to section 27.0114; by renumbering section 27.0109 to section 27.0115; by amending and renumbering section 27.0110 to section 27.0116; by repealing section 27.0117; by amending and renumbering section 27.0111 to section 27.0117 and section 27.0112 to section

27.0118; by adding new section 27.0119; by amending and renumbering section 27.0113 to section 27.0120, section 27.0118 to section 27.0121, and section 27.0120 to section 27.0122; and by retitling, amending, and renumbering section 27.0121 to section 27.0123; amending Chapter 2, Article 7, Division 2 by amending section 27.0201; by retitling and amending section

27.0202; by amending sections 27.0203 and 27.0204; by retitling and amending section

27.0205; by repealing sections 27.0206, 27.0207, and 27.0208; by renumbering section 27.0209 to section 27.0206; by amending and renumbering section 27.0210 to section 27.0207, section

27.0211 to section 27.0208, section 27.0213 to section 27.0209, section 27.0214 to section

27.0210, and section 27.0216 to section 27.0211; by repealing section 27.0212; by amending and renumbering section 27.0217 to section 27.0212, section 27.0218 to section 27.0213, and section 27.0219 to section 27.0214; by repealing section 27.0215; and by amending and renumbering section 27.0220 to section 27.0215, section 27.0221 to section 27.0216, and section 27.0222 to section 27.0217; amending Chapter 2, Article 7, Division 3 by amending section 27.0301; by adding new section 27.0302; by amending and renumbering section

27.0302 to section 27.0303, section 27.0303 to section 27.0304, section 27.0304 to section

27.0305, and section 27.0305 to section 27.0306; by retitling, amending, and renumbering section 27.0306 to section 27.0307; by repealing sections 27.0307, 27.0308, and 27.0309; by amending and renumbering section 27.0310 to section 27.0308, section 27.0311 to section

27.0309, and section 27.0312 to section 27.0310; by repealing section 27.0313; by amending and renumbering section 27.0314 to section 27.0311; by retitling, amending, and renumbering section 27.0315 to section 27.0312; by repealing section 27.0316; by amending and renumbering section 27.0317 to section 27.0313, section 27.0318 to section 27.0314, section

27.0319 to section 27.0315, section 27.0320 to section 27.0316, section 27.0321 to section

27.0317, and section 27.0322 to section 27.0318; by retitling, amending and renumbering section 27.0323 section 27.0319; and by amending and renumbering section 27.0324 section

27.0320; amending Chapter 2, Article 7, Division 4 by amending section 27.0401; by retitling and amending sections 27.0402 and 27.0403; by amending section 27.0404; by repealing sections 27.0405 and 27.0406; by amending and renumbering section 27.0407 to section

27.0405, by renumbering section 27.0408 to section 27.0406; by retitling, amending, and renumbering section 27.0409 to section 27.0407, and section 27.0410 to section 27.0408; and by amending and renumbering section 27.0411 to section 27.0409, and section 27.0412 to section 27.0410; amending Chapter 2, Article 7, Division 6 by amending section 27.0601; by adding new section 27.0602; by renumbering section 27.0602 to section 27.0603; by retitling, amending, and renumbering section 27.0603 to section 27.0604; by amending and renumbering section 27.0604 to section 27.0605, and section 27.0605 to section 27.0606; by adding new section 27.0607; by amending and renumbering section 27.0606 to section 27.0608, section

27.0607 to section 27.0609, section 27.0608 to section 27.0610, section 27.0620 to section

27.0611, section 27.0621 to section 27.0612, section 27.0622 to section 27.0613, section

27.0623 to section 27.0614, section 27.0624 to section 27.0615, section 27.0626 to section

27.0616, section 27.0627 to section 27.0617, section 27.0628 to section 27.0618, section

27.0634 to section 27.0619, section 27.0635 to section 27.0620, section 27.0636 to section

27.0621, section 27.0637 to section 27.0622, and section 27.0638 to section 27.0623; and by repealing section 27.0625; amending Chapter 2, Article 7, Division 7 by amending sections Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, December 09, 2025

27.0701, 27.0703, 27.0706, 27.0707, 27.0708, and 27.0709; amending Chapter 2, Article 7, Division 8 by amending section 27.0801; by amending and renumbering section 27.0803 to section 27.0802; by retitling, amending, and renumbering section 27.0804 to section 27.0803; by amending and renumbering section 27.0802 to section 27.0804; by adding new sections

27.0805, 27.0806, 27.0807, and 27.0808; by retitling, amending, and renumbering section

27.0805 to section 27.0809; by amending and renumbering section 27.0806 to section 27.0810, section 27.0807 to section 27.0811, section 27.0808 to section 27.0812, and section 27.0809 to section 27.0813; and amending Chapter 2, Article 7 by amending the title of Division 9; and by amending sections 27.0901, 27.0902, 27.0903, 27.0904, 27.0905, 27.0906, and 27.0907; all related to elections.

Subitem-B: (R-2026-214) ADOPTED AS RESOLUTION R-316531
Resolution amending the City of San Diego City Clerk Administrative Guidelines related to Elections.

Committee Actions Taken:

This item was heard at the Rules Committee meeting on April 16, 2025.

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

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

Office of the City Clerk: Diana J.S. Fuentes, (619) 533-4080 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO INTRODUCE THE ORDINANCE IN SUBITEM A; AND ADOPT THE RESOLUTION IN SUBITEM B. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 100: Authorization for the City Attorney to Retain Nixon Peabody LLP as General Outside Disclosure Counsel.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, December 09, 2025
Compensation for as needed services in an amount not-to-exceed $300,000 over the 5-year term of the agreement. Compensation for General Outside Disclosure Counsel will generally be payable from the City’s General Fund, however, when the Counsel’s services are related to a specific transaction (e.g., the issuance of bonds), payment will be made out of bond proceeds as a cost of issuance.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2026-154) ADOPTED AS RESOLUTION R-316532
Resolution authorizing the City Attorney or designee to retain Nixon Peabody LLP as General Outside Disclosure Counsel.

Committee Actions Taken: N/A
Office of the City Attorney: David Powell, (619) 235-5894 COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 101: Settlement of L.J., a Minor, by and Through his Guardian ad Litem Karyn Jones, an Individual v. Poway Unified School District, et al., San Diego Superior Court No. 37-2020- 00021789-CU-CR-NC, Claim No. 22625.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $93,750.00 will be paid from Public Liability Fund.

Council District(s) Affected: 5.

Proposed Actions:
(R-2026-175) ADOPTED AS RESOLUTION R-316533
Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, December 09, 2025
Resolution authorizing the settlement of L.J., a minor, by and through his Guardian ad Litem, Karyn Jones v. Poway Unified School District, et al., San Diego Superior Court Case No. 37-2020- 00021789-CU-CR-NC, related to a claim of a mental health detention of a minor under Welfare and Institutions Code section 5585.50 on May 7, 2019. Risk Claim No. 22625.

Committee Actions Taken: N/A
Office of the City Attorney: Jacqueline J. McQuarrie, (619) 236-6220 COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 102: Settlement of Pre-Litigation Claim of John O. Wood, Risk Claim File No. 39672.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $185,000.00 will be paid from the Fire-Rescue Department General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2026-180) ADOPTED AS RESOLUTION R-316534
Resolution authorizing the settlement of a pre-litigation claim filed by John O. Wood relating to Wood’s employment with the City. Claim No. 39672.

Committee Actions Taken: N/A
Office of the City Attorney: Kristin Zlotnik, (619) 533-5862 COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Henry L. Foster III.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, December 09, 2025
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 103: Settlement of Peggy Wilson v. City of San Diego, San Diego Superior Court No. 37- 2024-00028982-CU-PO-CTL, Claim No. 30983.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $175,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: 5.

Proposed Actions:
(R-2026-190) ADOPTED AS RESOLUTION R-316535
Resolution authorizing the settlement of Peggy Wilson v. City of San Diego, San Diego Superior Court Case No. 37-2024-00028982-CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property. Claim No. 30983.

Committee Actions Taken: N/A
Office of the City Attorney: Ian G. Williamson, (619) 533-5920 COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 104: Settlement of Susan Baker v. City of San Diego, San Diego Superior Court No: 37- 2023-00028707-CU-PO-CTL, Claim No. 33197.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, December 09, 2025
Settlement amount of $75,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: 2.

Proposed Actions:
(R-2026-176) ADOPTED AS RESOLUTION R-316536
Resolution authorizing the settlement of Susan Baker v. City of San Diego, San Diego Superior Court No: 37-2023-00028707-CU-PO-CT, related to a claim of personal injuries from a trip and fall accident near 3792 Crete Street on October 22, 2022. Claim No. 33197.

Committee Actions Taken: N/A
Office of the City Attorney: Kevin R. Yee, (619) 533-5697 COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 105: Settlement of Gerald Toombs v. City of San Diego, San Diego Superior Court No. 37- 2023-00019667-CU-PO-CTL, Claim No. 30006.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $75,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: 2.

Proposed Actions:
(R-2026-192) ADOPTED AS RESOLUTION R-316537
Resolution authorizing the settlement of Gerald Toombs v. City of San Diego, San Diego Superior Court No. 37-2023-00019667-CU-PO-CTL, related to a claim of personal injuries arising out of an alleged dangerous condition of public property. Claim No. 30006.

Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, December 09, 2025
Committee Actions Taken: N/A
Office of the City Attorney: Heather R. Whitehead, (619) 533-5873 COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 106: Settlement of Nicholas Inzunza v. City of San Diego, San Diego Superior Court Case No. 37-2023-00046783-CU-EI-CTL, Claim No. 35060.

Total Estimated Cost of Proposed Action and Funding Source:

The settlement amount of $1,200,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: 9.

Proposed Actions:
(R-2026-174) ADOPTED AS RESOLUTION R-316538
Resolution authorizing the settlement of Nicholas Inzunza v. City of San Diego, San Diego Superior Court Case No. 37-2023-00046783-CU-EI-CTL, relating to alleged losses due to an order to vacate a 29-unit residential apartment complex. Claim No. 35060.

Committee Actions Taken: N/A
Office of the City Attorney: Matthew L. Zollman, (619) 533-5857 COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Sean Elo-Rivera;
Nay: Vivian Moreno;
Recused: (None);
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, December 09, 2025
Not Present: Marni von Wilpert.

Item 107: Settlement of Orion Construction v. City of San Diego, et al., San Diego Superior Court Case No. 25CU013361C, Claim No. 37935.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $639,698.06 from Water Utility Fund and $288,921.60 from Muni Sewer Fund for a total of $928,619.66.

Council District(s) Affected: 4.

Proposed Actions:
(R-2026-177) ADOPTED AS RESOLUTION R-316539
Resolution authorizing the settlement of Orion Construction v. City of San Diego, et al., San Diego Superior Court Case No. 25CU013361C, related to water and sewer pipe replacement in the Southeast Encanto neighborhood. Risk Claim No. 37935.

Committee Actions Taken: N/A
Office of the City Attorney: Jon Taylor, (619) 235-5898 COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

Item 330: Fiscal Year 2026 Capital Improvements Program (CIP) Mid-Year Budget Monitoring Report and CIP Budget Revisions.

Total Estimated Cost of Proposed Action and Funding Source:

Please see attached monitoring report and its attachments.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, December 09, 2025
Proposed Actions:
(R-2026-205 Rev.) ADOPTED AS AMENDED AS RESOLUTION R-316541 Resolution authorizing mid-year amendments to the Fiscal Year 2026 Capital Improvements Program Budget.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on November 20, 2025.

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

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

Department of Finance: Michael Pelayo, (619) 236-6763
City Attorney Contact: Bret A. Bartolotta
COUNCIL ACTION: Start Time: 2:09 PM

MOTION BY STEPHEN WHITBURN TO ADOPT THE RESOLUTION AS AMENDED TO INCREASE THE CAPITAL IMPROVEMENTS PROGRAM BUDGET IN CIP AIL00001 TRAFFIC CALMING (CONVOY STREET AT OPPORTUNITY ROAD PEDESTRIAN REFUGE), AND TO APPROPRIATE AND EXPEND $500,000 FROM FUND 400169, TRANSNET EXTENSION 70 PERCENT CAP, FOR THE PURPOSE OF INITIATING THE PROJECT AND FUNDING THE DESIGN. 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);
Not Present: (None).

Item 331: Approve a Resolution Authorizing the Approved 54 Surveillance Use Policies to Remain in Effect Under the TRUST Ordinance with Modifications as Identified.

Total Estimated Cost of Proposed Action and Funding Source:

This item seeks authority for the continued use of all 54 surveillance technologies, including ALPRs used by SDPD. While some have associated costs, it does not authorize any changes to department expenditures or the budget.

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, December 09, 2025
Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2026-209 Rev. Cor. Copy) ADOPTED AS AMENDED AS RESOLUTION R-316542 Resolution authorizing the Approved Police Department Surveillance Use Policies for 52 Surveillance Technologies.
(NOTE: To reflect Council’s motion, this item now contains Subitem A, B, and C.) Subitem-B: (R-2026-234 Rev) ADOPTED AS AMENDED AS RESOLUTION R-316543 Authorizing the approved Police Department Surveillance Use Policy for Smart Streetlights Surveillance Technology.
(NOTE: To reflect Council’s motion, this item now contains Subitem A, B, and C.) Subitem-C: (R-2026-235 Rev) ADOPTED AS AMENDED AS RESOLUTION R-316544 Resolution authorizing the Approved Police Department Surveillance Use Policy for Automated License Plate Reader Surveillance Technology.
(NOTE: To reflect Council’s motion, this item now contains Subitem A, B, and C.) Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on November 12, 2025.

ACTION: Motion by Chair von Wilpert, second by Vice Chair Campillo, to recommend Council approval of staff's proposed actions 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 210.0108(c) that the approved Surveillance Use Policies should remain in effect and that: (A) the benefits to the community of the City’s use of the surveillance technology outweigh the costs; (B) the 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: 4-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-yea.

Police: Lieutenant Kris McAndrew, (619) 531-2543
City Attorney Contact: Laura DePoister
COUNCIL ACTION: Start Time: 2:30 PM
Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, December 09, 2025
NOTE: Procedural Action

MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION AS AMENDED TO DIVIDE ACTIONS INTO THE FOLLOWING 3 SUBITEMS: SUBITEM A - APPROVAL OF 52 SURVEILLANCE USE

POLICIES IN THE DRAFT RESOLUTION FOR THIS ITEM, INCLUDING ANY MODIFICATIONS PROPOSED BY THE SDPD IN ITS STAFF RECOMMENDATION. THESE WOULD INCLUDE POLICIES 1A-1B; 1D-1GG; 1II-1BBB, BUT WOULD EXCLUDE SMART STREETLIGHTS AND ALPRS; SUBITEM B - APPROVAL OF ITEM 1HH IN THE DRAFT RESOLUTION, SMART STREETLIGHTS – INCLUDING THE MODIFICATIONS PROPOSED BY STAFF IN THEIR RECOMMENDATION; AND SUBITEM C - APPROVAL OF ITEM 1C IN THE DRAFT RESOLUTION, AUTOMATIC LICENSE PLATE READERS (ALPRS) – INCLUDING THE MODIFICATIONS PROPOSED BY STAFF IN THEIR RECOMMENDATION. 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);
Not Present: (None).

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION IN SUBITEM A AS AMENDED TO APPROVE 52 SURVEILLANCE USE POLICIES IN THE DRAFT RESOLUTION FOR THIS ITEM, INCLUDING ANY MODIFICATIONS PROPOSED BY THE SDPD IN ITS STAFF RECOMMENDATION.

THESE WOULD INCLUDE POLICIES 1A-1B; 1D-1GG; 1II-1BBB, BUT WOULD EXCLUDE SMART STREETLIGHTS AND AUTOMATIC LICENSE PLATE READERS; AND COUNCIL REQUESTS THAT

ITS DECISION TO MODIFY ANY USE POLICIES IDENTIFIED IN THE ANNUAL SURVEILLANCE

REPORT BE ANALYZED BY THE CITY'S MANAGEMENT TEAM FOR LABOR RELATIONS TO

DETERMINE WHETHER THE MODIFICATION REQUIRES NOTICE TO THE CITY'S RECOGNIZED

EMPLOYEE ORGANIZATIONS AND OPPORTUNITY TO NEGOTIATE THE BARGAINABLE IMPACTS OF THE MODIFICATION, UNDER THE MEYERS-MILIAS-BROWN ACT. IF NOTICE IS REQUIRED,

COUNCIL FURTHER REQUESTS THAT THE CITY'S MANAGEMENT TEAM PROVIDE THE

REQUIRED NOTICE AND RETURN TO COUNCIL AT A LATER DATE IF THERE ARE ANY BARGAINABLE IMPACTS THAT NEED TO BE ADDRESSED BY COUNCIL. Second by Raul A.

Campillo.

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);
Not Present: (None).

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTUON IN SUBITEM A AS AMENDED TO INCLUDE FOR EACH SURVEILLANCE USE POLICY THAT: 1) BENEFITS TO THE COMMUNITY OF THE APPROVED SURVEILLANCE TECHNOLOGY OUTWEIGH THE COSTS; 2) CONTINUED USE OF THE TECHNOLOGY WILL SAFEGUARD CIVIL LIBERTIES AND CIVIL RIGHTS; 3) NO

ALTERNATIVE WITH A LESSER ECONOMIC COST OR LESSER IMPACT ON CIVIL RIGHTS OR Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, December 09, 2025
CIVIL LIBERTIES WOULD BE AS EFFECTIVE; 4) APPROVAL FOR THE SURVEILLANCE USE

POLICIES TO REMAIN IN EFFECT IS NOT INTENDED TO AND SHALL NOT SUPERSEDE

EXISTING PROCESSES TO SEEK APPROVAL FOR THE APPROPRIATION AND EXPENDITURE OF

SPECIFIC FUNDS THROUGH THE ANNUAL BUDGET PROCESS, OR EXISTING PROCESSES FOR THE APPROVAL AND EXECUTION OF CONTRACTS, DONATIONS, AND GRANTS; AND 5)

COUNCIL SHALL REVIEW THIS APPROVAL ANNUALLY AS REQUIRED BY THE TRUST ORDINANCE. Second by Raul A. Campillo.

Passed by the following vote:

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

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

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTUON IN SUBITEM B AS AMENDED TO APPROVE ITEM 1HH IN THE DRAFT RESOLUTION, SMART STREETLIGHTS – INCLUDING THE MODIFICATIONS PROPOSED BY STAFF IN THEIR RECOMMENDATION; AND COUNCIL

REQUESTS THAT ITS DECISION TO MODIFY ANY USE POLICIES IDENTIFIED IN THE ANNUAL

SURVEILLANCE REPORT BE ANALYZED BY THE CITY'S MANAGEMENT TEAM FOR LABOR

RELATIONS TO DETERMINE WHETHER THE MODIFICATION REQUIRES NOTICE TO THE CITY'S

RECOGNIZED EMPLOYEE ORGANIZATIONS AND OPPORTUNITY TO NEGOTIATE THE BARGAINABLE IMPACTS OF THE MODIFICATION, UNDER THE MEYERS-MILIAS-BROWN ACT. IF

NOTICE IS REQUIRED, COUNCIL FURTHER REQUESTS THAT THE CITY'S MANAGEMENT TEAM

PROVIDE THE REQUIRED NOTICE AND RETURN TO COUNCIL AT A LATER DATE IF THERE ARE ANY BARGAINABLE IMPACTS THAT NEED TO BE ADDRESSED BY COUNCIL. Second by Raul A.

Campillo.

Passed by the following vote:

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

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

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTUON IN SUBITEM B AS AMENDED TO INCLUDE FOR EACH SURVEILLANCE USE POLICY THAT: 1) BENEFITS TO THE COMMUNITY OF THE APPROVED SURVEILLANCE TECHNOLOGY OUTWEIGH THE COSTS; 2) CONTINUED USE OF THE TECHNOLOGY WILL SAFEGUARD CIVIL LIBERTIES AND CIVIL RIGHTS; AND 3) NO

ALTERNATIVE WITH A LESSER ECONOMIC COST OR LESSER IMPACT ON CIVIL RIGHTS OR CIVIL LIBERTIES WOULD BE AS EFFECTIVE; 4) APPROVAL FOR THE SURVEILLANCE USE

POLICIES TO REMAIN IN EFFECT IS NOT INTENDED TO AND SHALL NOT SUPERSEDE

EXISTING PROCESSES TO SEEK APPROVAL FOR THE APPROPRIATION AND EXPENDITURE OF

SPECIFIC FUNDS THROUGH THE ANNUAL BUDGET PROCESS, OR EXISTING PROCESSES FOR THE APPROVAL AND EXECUTION OF CONTRACTS, DONATIONS, AND GRANTS; AND 5)

COUNCIL SHALL REVIEW THIS APPROVAL ANNUALLY AS REQUIRED BY THE TRUST ORDINANCE. Second by Raul A. Campillo.

Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, December 09, 2025
Passed by the following vote:

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

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTUON IN SUBITEM C AS AMENDED TO APPROVE, ITEM 1C IN THE DRAFT RESOLUTION, AUTOMATIC LICENSE PLATE READERS (ALPRS) – INCLUDING THE MODIFICATIONS PROPOSED BY STAFF IN THEIR RECOMMENDATION; 1 - ADD A REQUIREMENT TO THE ALPR USE POLICY, THAT ANY

CONTRACTOR OR SUBCONTRACTOR IMMEDIATELY NOTIFY THE CITY OF SAN DIEGO, NO LATER THAN 24 HOURS AFTER BEING SERVED WITH AN OUT-OF-STATE OR FEDERAL WARRANT SEEKING ANY DATA FROM SAN DIEGO’S ALPR SYSTEM, BY WAY OF NOTIFYING IN

WRITING OF THE CHIEF OF POLICE, OR THEIR DESIGNEE, AND THE CITY ATTORNEY, OR THEIR DESIGNEE, ABOUT ANY SUCH WARRANT REQUEST; 2 - AMEND SURVEILLANCE USE POLICY, PAGE 5, UNDER AUDITING AND OVERSIGHT, FROM QUARTERLY TO WEEKLY AUDITS; AND 3 - COUNCIL REQUESTS THAT ITS DECISION TO MODIFY ANY USE POLICIES IDENTIFIED

IN THE ANNUAL SURVEILLANCE REPORT BE ANALYZED BY THE CITY'S MANAGEMENT TEAM

FOR LABOR RELATIONS TO DETERMINE WHETHER THE MODIFICATION REQUIRES NOTICE

TO THE CITY'S RECOGNIZED EMPLOYEE ORGANIZATIONS AND OPPORTUNITY TO NEGOTIATE

THE BARGAINABLE IMPACTS OF THE MODIFICATION, UNDER THE MEYERS-MILIAS-BROWN ACT. IF NOTICE IS REQUIRED, COUNCIL FURTHER REQUESTS THAT THE CITY'S

MANAGEMENT TEAM PROVIDE THE REQUIRED NOTICE AND RETURN TO COUNCIL AT A LATER

DATE IF THERE ARE ANY BARGAINABLE IMPACTS THAT NEED TO BE ADDRESSED BY COUNCIL. Second by Raul A. Campillo.

Passed by the following vote:

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

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

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTUON IN SUBITEM A AS AMENDED TO INCLUDE FOR EACH SURVEILLANCE USE POLICY THAT: 1) BENEFITS TO THE COMMUNITY OF THE APPROVED SURVEILLANCE TECHNOLOGY OUTWEIGH THE COSTS; 2) CONTINUED USE OF THE TECHNOLOGY WILL SAFEGUARD CIVIL LIBERTIES AND CIVIL RIGHTS; 3) NO

ALTERNATIVE WITH A LESSER ECONOMIC COST OR LESSER IMPACT ON CIVIL RIGHTS OR CIVIL LIBERTIES WOULD BE AS EFFECTIVE; 4) APPROVAL FOR THE SURVEILLANCE USE

POLICIES TO REMAIN IN EFFECT IS NOT INTENDED TO AND SHALL NOT SUPERSEDE

EXISTING PROCESSES TO SEEK APPROVAL FOR THE APPROPRIATION AND EXPENDITURE OF

SPECIFIC FUNDS THROUGH THE ANNUAL BUDGET PROCESS, OR EXISTING PROCESSES FOR THE APPROVAL AND EXECUTION OF CONTRACTS, DONATIONS, AND GRANTS; AND 5)

COUNCIL SHALL REVIEW THIS APPROVAL ANNUALLY AS REQUIRED BY THE TRUST ORDINANCE. Second by Raul A. Campillo.

Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, December 09, 2025
Passed by the following vote:

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

Item S500: Settlement of Steven Lee Wilson v. City of San Diego, et al., San Diego Superior Court No. 25CU032027C, Claim No. 39289.

Total Estimated Cost of Proposed Action and Funding Source:

Settlement amount of $30,000,000.00 will be paid from Public Liability Fund.

Council District(s) Affected: 3.

Proposed Actions:
(R-2026-208) ADOPTED AS RESOLUTION R-316540
Resolution authorizing the settlement of Steven Lee Wilson v. City of San Diego, San Diego Superior Court Case No. 25CU032027C related to a shooting and death of a 16-year-old boy running out of the Santa Fe Train station in downtown San Diego by a San Diego Police Officer on January 28, 2025. Claim No. 39289.

Committee Actions Taken: N/A
Office of the City Attorney: Keith Phillips, (619) 533-5800 COUNCIL ACTION: Start Time: 11:02 AM
CONSENT MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Henry L. Foster III.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

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

Item S501: Officer Carlos Lacarra Retirement Day.

Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, December 09, 2025
COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming January 8, 2026, to be “Officer Carlos Lacarra Retirement Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:05 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Stephen Whitburn.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Henry L. Foster III, Kent Lee, Raul A.

Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Marni von Wilpert.

REPORT OUT FROM CLOSED SESSION
None.

ADJOURNMENT
Council President LaCava adjourned the meeting at 8:46 p.m.

COUNCIL ACTION: Start Time: 8:46 PM

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