San Diego — 2023-03-08

Item 100: First Amendment to Contract with Mallory Safety and Supply, LLC.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe First Amendment increases the agreement by $3,000,000, for a total not-to-exceed\namount of $6,000,000, over the life of the agreement. Federally funded expenditures are\ncontingent upon grant awards received. General Fund expenditures are contingent upon\nthe adoption of the Annual Appropriation Ordinances for the applicable Fiscal Year.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-428)\nResolution authorizing the Mayor, or his designee, to execute the First Amendment to the\ncontract with Mallory Safety and Supply, LLC to increase the not-to-exceed amount by\n$3,000,000, for a total contract amount not-to-exceed $6,000,000, for the purchase of\nsafety equipment, personal protective equipment and safety supplies.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on February 15, 2023.\nACTION: Motion by Vice Chair Montgomery Steppe, second by Committee Member\nCampillo, to recommend Council approval of staff's proposed actions.\nVOTE: 4-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campillo-yea.\nFire-Rescue: David Gerboth, Assistant Fire Chief, (619) 884-9905\nCity Attorney Contact: Laura DePoister

Item 101: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to\nPaving Great Futures for No Shots Fired.\nhttps://sandiego.hylandcloud.com/211agendaonlinecouncil/Meetings/ViewMeeting?id=5454&doctype=1&site=council 5/14\n3/3/23, 3:00 PM View Meeting - OnBase Agenda Online\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis Agreement with Paving Great Futures is for No Shots Fired for an aggregate amount\nnot-to-exceed $10,000.00, in previously budgeted Community Projects, Programs and\nServices (CPPS) funds, pursuant to recommended allocations by Council Districts 4 and\n9.\nCouncil District(s) Affected: 4, 9.\nProposed Actions:\n(R-2023-419)\nResolution authorizing the Mayor, or their designee, to enter into an Agreement with\nPaving Great Futures, in an amount not-to-exceed $10,000, pursuant to Council Policy\n100-06, “City Council Funding of Community Projects, Programs, and Services.”\nCommittee Actions Taken: N/A\nCouncil Administration: Malachi Bielecki, (619) 236-7709\nCity Attorney Contact: Daniel Orloff

Item 102: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to\nMoxie Theatre, Inc. for “It’s Your Story, Tell it!” Workshop for Girls Ages 11-18.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis Agreement with Moxie Theatre, Inc. is for “It’s Your Story, Tell it!” Workshop for\nGirls Ages 11-18 for an aggregate amount not-to-exceed $5,500.00, in previously\nbudgeted Community Projects, Programs and Services (CPPS) funds, pursuant to\nrecommended allocations by Council Districts 2 and 5.\nCouncil District(s) Affected: 2, 5.\nProposed Actions:\nSubitem-A: (R-2023-421)\nResolution determining that the approval of the Community Projects, Programs, and\nServices FY 2023 City Council Allocations Agreement between the City and Moxie\nTheatre, Inc. is exempt from the California Environmental Quality Act pursuant to\nsections 15301 and 15323 of the CEQA Guidelines.\nSubitem-B: (R-2023-420)\nResolution authorizing the Mayor, or their designee, to enter into an Agreement with\nMoxie Theatre, Inc., in an amount not-to-exceed $5,500, pursuant to Council Policy 100-\n06, “City Council Funding of Community Projects, Programs, and Services.”\nCommittee Actions Taken: N/A\nCouncil Administration: Malachi Bielecki, (619) 236-7709\nCity Attorney Contact: Daniel Orloff\nhttps://sandiego.hylandcloud.com/211agendaonlinecouncil/Meetings/ViewMeeting?id=5454&doctype=1&site=council 6/14\n3/3/23, 3:00 PM View Meeting - OnBase Agenda Online

Item 103: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to\nMedium Photography, Inc. for 2023 Medium Festival of Photography.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis Agreement with Medium Photography, Inc. for the 2023 Medium Festival of\nPhotography is for an aggregate amount not-to-exceed $6,500.00, in previously budgeted\nCommunity Projects, Programs and Services (CPPS) funds, pursuant to recommended\nallocations by Council Districts 3, 8, and 9.\nCouncil District(s) Affected: 3, 8, 9.\nProposed Actions:\nSubitem-A: (R-2023-423)\nResolution determining that the approval of the Community Projects, Programs, and\nServices FY 2023 City Council Allocations Agreement between the City and Medium\nPhotography, Inc. is exempt from the California Environmental Quality Act pursuant to\nsections 15301 and 15323 of the CEQA Guidelines.\nSubitem-B: (R-2023-422)\nResolution authorizing the Mayor, or their designee, to enter into an Agreement with\nMedium Photography, Inc., in an amount not-to-exceed $6,500, pursuant to Council\nPolicy 100-06, “City Council Funding of Community Projects, Programs, and Services.”\nCommittee Actions Taken: N/A\nCouncil Administration: Malachi Bielecki, (619) 236-7709\nCity Attorney Contact: Daniel Orloff

Item 104: Application to the California Department of Water Resources for the Sustainable\nGroundwater Management Grant for the San Pasqual Valley Groundwater\nSustainability Plan Implementation.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total project cost of the San Pasqual Valley Groundwater Sustainability Plan\nImplementation is estimated at $2,771,000, which is the amount of funding being\nrequested. No funding match is required. The City’s funding source is the Water Utility\nOperating Fund 700011.\nCouncil District(s) Affected: 5.\nhttps://sandiego.hylandcloud.com/211agendaonlinecouncil/Meetings/ViewMeeting?id=5454&doctype=1&site=council 7/14\n3/3/23, 3:00 PM View Meeting - OnBase Agenda Online\nProposed Actions:\n(R-2023-429)\nResolution authorizing the Mayor, or his designee, to make applications to the California\nDepartment of Water Resources and take all necessary actions to secure funding in an\namount not-to-exceed $2,771,000, for the Sustainable Groundwater Management\nImplementation, Round 2 Grant to support the implementation of the San Pasqual Valley\nGroundwater Sustainability Plan; and authorizing the Chief Financial Officer to accept,\nappropriate and expend an amount not-to-exceed $2,771,000, for the purpose of\nsustainable groundwater management plan implementation, contingent upon receipt of a\nfully executed Grant Agreement if the Grant funding is secured.\nCommittee Actions Taken: N/A\nPublic Utilities: Adam Jones, (619) 614-4030\nCity Attorney Contact: Ryan P. Gerrity

Item 105: Settlement of Erika Garcia et al. v. City of San Diego, et al., San Diego Superior\nCourt Case No. 37-2018-00063914-CU-PA-CTL, Claim No. 19688.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $100,000 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-394)\nResolution authorizing the settlement of Erika Garcia et al. v. City of San Diego, San\nDiego Superior Court Case No. 37-2018-00063914-CU-PA-CTL, related to motor vehicle\naccident that occurred on March 7, 2018 at the intersection of Market Street and Raven\nStreet in San Diego, California, Claim No. 19688.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Daniela N. Loomis, (619) 533-5611

Item 106: Settlement of Israel Clark et al. v. David Thompson, et al., San Diego Superior Court\nNo. 37-2019-00023333-CU-OR-CTL, Claim No. 21573.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $335,000 will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nhttps://sandiego.hylandcloud.com/211agendaonlinecouncil/Meetings/ViewMeeting?id=5454&doctype=1&site=council 8/14\n3/3/23, 3:00 PM View Meeting - OnBase Agenda Online\nProposed Actions:\n(R-2023-329)\nResolution authorizing the settlement of Israel Clark, et al. v. David Thompson, et al., San\nDiego Superior Court Case Number 37-2019-00023333-CU-OR-CTL, related to a\nflooding incident that occurred on December 6, 2018 at 4275 48th Street, San Diego,\nCalifornia, Claim No. 21573.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Sarah A. Wigdor-Roberts, (619) 533-5854

Item 107: Settlement of Jonathan Sammartino v. City of San Diego, et al., San Diego Superior\nCourt Case No. 37-2016-00004853-CU-NP-CTL, Risk Claim No. 11540.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $2,149,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-371)\nResolution authorizing the settlement of Jonathan Sammartino v. City of San Diego, et al.,\nSan Diego Superior Court Case No. 37-2016-00004853-CU-NP-CTL, related to bicycle\naccident that occurred on March 21, 2015 on Torrey Pines Road in La Jolla, California,\nCalifornia, Claim No. 11540.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486

Item 108: Settlement of Mayra Tinajero and Kelley Klemaske v. City of San Diego, et al., San\nDiego Superior Court Case No. 37-2017-00007161-CU-PA-CTL, Claim No. 13718.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total amount is $1,025,000 from Public Liability Fund No. 720045 ($950,000 to\nPlaintiff Kelley Klemaske and $75,000 to Plaintiff Mayra Tinajero).\nCouncil District(s) Affected: Citywide.\nhttps://sandiego.hylandcloud.com/211agendaonlinecouncil/Meetings/ViewMeeting?id=5454&doctype=1&site=council 9/14\n3/3/23, 3:00 PM View Meeting - OnBase Agenda Online\nProposed Actions:\n(R-2023-403)\nResolution authorizing the settlement of Mayra Tinajero and Kelley Klemaske v. City of\nSan Diego, et al., San Diego Superior Court Case No. 37-2017-00007161-CU-PA-CTL,\nfor an accident that occurred at Broadway and 14th in San Diego’s East Village on April\n16, 2016, Claim No. 13718.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Lilys D. McCoy, (619) 533-5886

Item 109: Settlement of Property Damage Claim of Colt Services Inc. DBA Stanley Steemer,\nClaim No. 23978.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $324,870.20 will be paid from the Water Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-385)\nResolution authorizing the settlement of a pre-litigation claim filed by Colt Services Inc.\nDBA Stanley Steemer for property damage stemming from a break in the City’s water\nmain on December 14, 2019. Claim No. 23978.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Dave E. Abad, (619) 533-5821

Item 110: Settlement of Property Damage Claim of Minh Duc Thai, Claim No. 28138.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $241.457.63 will be paid from the Water Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-387)\nResolution authorizing the settlement of a pre-litigation claim filed by Minh Duc Thai for\nproperty damage stemming from a break in the City’s water main on October 6, 2021.\nClaim No. 28138.\nCommittee Actions Taken: N/A\nhttps://sandiego.hylandcloud.com/211agendaonlinecouncil/Meetings/ViewMeeting?id=5454&doctype=1&site=council 10/14\n3/3/23, 3:00 PM View Meeting - OnBase Agenda Online\nOffice of the City Attorney: Dave E. Abad, (619) 533-5821

Item 111: Settlement of Subrogation Claim of National Surety Corporation ASO Colt Services,\nInc. dba Stanley Steemer, Claim No. 23978.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $811,390.97 will be paid from the Water Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-386)\nResolution authorizing the settlement of a pre-litigation claim filed by National Surety\nCorporation ASO Colt Services Inc. DBA Stanley Steemer stemming from a break in the\nCity’s water main on December 14, 2019. Claim No. 23978.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Dave E. Abad, (619) 533-5821

Item 112: Settlement of April 2020 Sweetwater River Sanitary Sewer Overflow, Regional\nWater Quality Control Board Notice of Violation No. R9-2020-0204\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe Administrative Civil Liability penalty of $4,609,724, will be paid from Metropolitan\nSewer Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2023-431)\nResolution determining that authorizing payments under a settlement agreement with the\nRegional Water Quality Control Board related to a notice of violation issued to the City\nfor a sanitary sewer overflow into the Sweetwater River, including funding two\nsupplemental environmental projects, is exempt from the California Environmental\nQuality Act Pursuant to Sections 15301, 15302, 15304, and 15306 of the CEQA\nGuidelines.\nSubitem-B: (R-2023-430)\nResolution authorizing payments under the settlement agreement with the Regional Water\nQuality Control Board regarding the sanitary sewer overflow into the Sweetwater River\nand related actions.\nCommittee Actions Taken: N/A\nhttps://sandiego.hylandcloud.com/211agendaonlinecouncil/Meetings/ViewMeeting?id=5454&doctype=1&site=council 11/14\n3/3/23, 3:00 PM View Meeting - OnBase Agenda Online\nPublic Utilities: Tom Rosales, (858) 292-6418\nCity Attorney Contact: Melissa Ables\nNON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET\nANALYST, CITY CLERK, CITY ATTORNEY\nPROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING)

Item 30: La Jolla Historical Society 60th Anniversary Day.\nCOUNCILMEMBER LACAVA'S RECOMMENDATION:\nProclaiming March 11, 2023 to be “La Jolla Historical Society 60th Anniversary Day” in\nthe City of San Diego.

Item 31: Read Across America Day.\nCOUNCILMEMBER MORENO'S RECOMMENDATION:\nProclaiming March 23, 2023 to be “Read Across America Day" in the City of San Diego.

Item 50: Exemption of One (1) Program Manager Position in the Compliance Department\nFrom the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nProjected annual cost (salary and fringe benefits) is approximately $182,972 paid from the\nGeneral Fund. The Compliance Department will absorb this cost in the Fiscal Year 2023\nbudget through vacancy savings. This position will be requested as part of the Fiscal Year\n2024 budget process.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2023-119)\nIntroduction of an Ordinance authorizing the exemption of a Program Manager position in\nthe City's Compliance Department from the Classified Service, based on advisory review\nand favorable comment by the Civil Service Commission on December 8, 2022. This\nposition will be responsible for assisting with the City's compliance initiatives and other\nrelated duties. This Action is brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken:­ N/A\nCompliance Department: Christiana Gauger, (619) 209-1486\nCity Attorney Contact: Miguel Merrell

Item 51: Second Amendment to the Sole Source Agreement with Geosyntec Consultants, Inc.\nto Provide Technical Consultant Services for National Pollutant Discharge\nElimination System (NPDES), (Contract H186994).\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total amount not-to-exceed for this Second Amendment is $225,000, and is available\nin Fund 700001, Metro Sewer Utility.\nCouncil District(s) Affected: 1, 2, 6, 8.\nProposed Actions:\n(O-2023-115)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute\nAmendment No. Two to the Contract with Geosyntec Consultants, Inc., extending the\nContract through February 14, 2026, and increasing the not to exceed amount of the\nContract, in connection with providing technical consultant services for the National\nPollutant Discharge Elimination System (NPDES), and related actions.\n6 votes required pursuant to Charter Section 99.\nhttps://sandiego.hylandcloud.com/211agendaonlinecouncil/Meetings/ViewMeeting?id=5454&doctype=1&site=council 4/14\n3/3/23, 3:00 PM View Meeting - OnBase Agenda Online\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on February 9, 2023.\nACTION: Motion by Vice Chair von Wilpert, second by Chair LaCava, to recommend\nCouncil approval of Staff's proposed actions.\nVOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.\nPublic Utilities: Thomas Rosales, (858) 292-6418\nCity Attorney Contact: Melissa D. Ables\nADOPTION AGENDA\nCONSENT, RESOLUTIONS TO BE ADOPTED: