San Diego — 2026-03-03

Item 100:\nSecond Amendment to Agreement with Lozano Smith to Provide Continued Legal\nServices as Panel Outside Counsel.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe Second Amendment to the Agreement provides for an increase of $500,000.00 for a\ntotal contract amount not-to-exceed $1,500,000.00. Depending on the particular scope of\nwork of an engagement, funding for this Agreement will come from the Public Liability\nFund No. 720045, enterprise department funds, or the General Fund.\nCouncil District(s) Affected:  Citywide.\nProposed Actions:\n(R-2026-324)\nResolution authorizing approval of a Second Amendment to the Agreement with Lozano\nSmith (Law Firm) to increase the total not-to-exceed amount to $1,500,000.00 from\n$1,000,000.00.  The $500,000.00 increase is necessary to allow Law Firm to continue\nrepresenting the City in employment litigation matters, including Arthur Scott v. City of\nSan Diego, SDSC 37-2023-00004287-CU-OE-CTL, and Arthur Scott v. City of San\nDiego et al, San Diego Superior Court Case No. 25CU023391C and to allow Law Firm to\nassist in other matters as may become necessary.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jim McNeill, (619) 533-5860

Item 101:\nFY 2026 Community Projects, Programs, and Services Funding Allocation from\nCouncil District 5 to the Rancho De Los Penasquitos Town Council Inc. for Fiesta De\nLos Penasquitos.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis Agreement with the Rancho De Los Penasquitos Town Council Inc., a nonprofit\norganization, for Fiesta De Los Penasquitos, is for an amount not-to-exceed $5,000.00 in\npreviously budgeted Fiscal Year 2026 Community Projects, Programs, and Services\n(CPPS) funds, pursuant to allocations by Council District 5.\nCouncil District(s) Affected:  5.\nProposed Actions:\n(R-2026-331)\nResolution approving Fiscal Year 2026 Community Projects, Programs, and Services\n(CPPS) funding allocations, pursuant to Council Policy 100-06, recommended by Council\nDistrict 5 to the Rancho De Los Peñasquitos Town Council Inc., a nonprofit organization,\nin an amount not-to-exceed $5,000.\nCommittee Actions Taken: N/A\nCouncil Administration: Malachi Bielecki, (619) 236-7709\nCity Attorney Contact: Alma Robbins

Item 30:\nSenior Chief Deputy City Attorney Diana Adams Day.

Item 31:\nSoroptimist International of San Diego Day.

Item 330:\nPerformance Audit of the City’s Key Performance Indicators.

Item 50:\nAuthorization to Modify the Existing Software as a Service Agreement with Smart\nEnergy Water (SEW) for the MyWaterSD Web Portal and Mobile Applications, as a\nResult of Sole Source 4210, for an Additional Five-Year Term and Reduction of Term\nAmount from $16,300,000.00 to $5,500,000.00.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis modification decreases the not-to-exceed amount of the original as-needed\nagreement from $16,300,000 to a total of $5,500,000 over the additional five-year term\nwhich expires in April 2031. Approximately $2,000,000 has already been spent under the\nexisting agreement, leaving $3,500,000 for FY 2026-2031. Expenditure of funds for as\nneeded services is contingent upon sufficient funding being available in each participating\nCity department's budget each fiscal year.\nCouncil District(s) Affected:  Citywide.\nProposed Actions:\n(O-2026-95)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute\nAmendment No. 1 to the Contract with Smart Energy Systems, Inc., dba Smart Energy\nWater, extending the contract through April 20, 2031 and reducing the not-to-exceed\namount from $16,300,000.00 to $5,500,000.00, in connection with the MyWaterSD portal\nproject.\n6 votes required pursuant to Charter Section 99.

Item 60:\nAdoption of the 2025 California Building Standards Code & Associated Municipal\nCode Amendments.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAdministration of the Building, Electrical, Plumbing, and Mechanical, Residential\nBuilding, Green Building, Existing Building regulations and Wildland Urban Interface\nRegulations and the Fire Code for new construction,or for alterations to existing\nbuildings, is based upon a fee for service paid for by applicants in the development\nprocess.\nCouncil District(s) Affected:  Citywide.\nProposed Actions:\nSubitem-A: (R-2026-325)

Item S500:\nResolution Excusing Councilmember Marni von Wilpert from Certain City Council\nand Committee Meetings.  (Added 2/26/26)\nTotal Estimated Cost of Proposed Action and Funding Source:  N/A\nCouncil District(s) Affected:  Citywide.\nProposed Actions:\n(R-2026-326)\nResolution excusing Councilmember von Wilpert's absences from the following Council\nMeeting: March 17, 2025; May 13, 2025; and September 9, 2025, and Councilmember\nvon Wilpert's absence from the Select Committee on Addressing Cost of Living meeting\nheld on October 30, 2025.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 5: Justin Garver, (619) 236-6655\nCity Attorney Contact: David J. Karlin

Item S501:\nConsideration of an Empty Homes Tax Ballot Measure Proposal by Councilmember\nSean Elo-Rivera.  (Added 2/26/26)\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is a cost associated with placing ballot measures on the June 2026 ballot, which\nwill be addressed when individual measures are considered by the full City Council. The\nCity Clerk can advise the Council on this matter at the time the measures are considered\nby the full Council.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nCommittee Actions Taken:\nThis item was heard at the Special Rules Committee Meeting on February 25, 2026.\nACTION:  Motion by Councilmember Elo-Rivera, second by Council President Pro Tem\nLee to recommend Council approval of staff's proposed actions with the following\namendments:\nAmend §32.0103 Definitions, under “Empty home exclusion period”:\nEmpty home exclusion period means the disaster period, family in residence period,\nhomeowner period, lease period, legacy owner hardship period, non-ownership period,\nowner death period, owner in care period, newly built housing period, or qualifying\nmilitary service period.\nAdd the following definition in §32.0103: Newly built housing period means the period\nduring which a builder’s newly constructed residential unit remains vacant while being\nactively offered for sale, provided that such period shall not exceed two years from the\ndate that the residential unit was first issued a certificate of occupancy.\nVOTE: 5-0;  LaCava-yea, Lee-yea, Campillo-yea, Moreno-yea, Elo-Rivera-yea.\nCouncil District 9: Maya Rosas, 619-236-6699\nCity Attorney Contact: David Powell