San Diego — 2023-03-14

Item 100: Pro Bono Retention Agreement of Akin Gump Strauss Hauer & Feld LLP in Verdun\nv. City of San Diego.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNo funding is requested as part of this action, as the law firm will assist the City pro bono.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-417)\nResolution authorizing the retention of Akin Gump Strauss Hauer & Feld LLP to assist\nwith the City’s defense of Andre Verdun v. City of San Diego at the Supreme Court on a\npro bono basis.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Tyler Krentz, (619) 533-4542\nCity Attorney Contact: Tyler Krentz

Item S501: Women’s History Month. (Added 3/9/23)\nCOUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE, COUNCILMEMBER\nCAMPBELL, COUNCILMEMBER VON WILPERT, AND COUNCILMEMBER\nMORENO'S RECOMMENDATION:\nProclaiming March 2023 as “Women’s History Month” in the City of San Diego.\nSPECIAL ORDERS OF BUSINESS\nNone.\nITEMS PULLED FROM CONSENT BY COUNCILMEMBERS\nNON-AGENDA PUBLIC COMMENT\nThis portion of the agenda provides an opportunity for members of the public to address the Council on\nitems of interest within the jurisdiction of the Council. (Comments relating to items on today's docket are\nto be taken at the time the item is heard.)\nPer Rule 2.7.2, Non-Agenda Public Comment is limited to two (2) minutes per speaker. Speakers may not\nallocate their time to other speakers. If there are eight (8) or more speakers on a single issue, the\nmaximum time allotted for that issue will be sixteen (16) minutes. Additionally, non-agenda public\ncomment during the 10am session may be limited to 30 minutes at the discretion of the Council President\nfor meeting management purposes. If some Non-Agenda Public Comment is trailed, any remaining\nspeakers will be given an opportunity to speak during the 2pm session after Council concludes the\nInformation and Adoption agenda items for the day.\nTUESDAY, MARCH 14, 2023 AT 2:00 PM\nROLL CALL\nREQUEST FOR CONTINUANCE BY A COUNCILMEMBER FOR ITEMS TRAILED FROM\nMORNING OR ITEMS SCHEDULED FOR AFTERNOON SESSION\nINFORMATIONAL ITEMS

Item S502: Changes to the City Attorney's Sex Trafficking Education and Prevention Program\n(STEPP), Formerly Known as the Prostitution Impact Panel (PIP). (Added 3/9/23)\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-357)\nResolution authorizing an increase in the penalty fee for the Sex Trafficking Education\nand Prevention Program (STEPP) from $200, to $600, and to direct the City Clerk to\namend the Ratebook of City Fees and Charges to reflect the penalty fee increase.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on February 15, 2023.\nACTION: Motion by Committee Member Campillo, second by Committee Member\nCampbell, to recommend Council approval of staff's proposed actions.\nVOTE: 4-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campillo-yea.\nOffice of the City Attorney: Angela Law, Chief Deputy City Attorney, (619) 533-5500\nCity Attorney Contact: Lara Easton\nNON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET\nANALYST, CITY CLERK, CITY ATTORNEY\nPROCLAMATIONS/CEREMONIAL ITEMS (PRESENTED AT THE MEETING)

Item 103: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to\nPromises2Kids Foundation for Foster Care Education Summit.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis Agreement with Promises2Kids Foundation for Foster Care Education Summit is for\nan amount not-to-exceed $4,500.00, in previously budgeted Community Projects,\nPrograms and Services (CPPS) funds, pursuant to recommended allocations by Council\nDistricts 2 and 5.\nCouncil District(s) Affected: 2, 5.\nProposed Actions:\nSubitem-A: (R-2023-438)\nResolution determining that the approval of the Community Projects, Programs, and\nServices FY 2023 City Council Allocations Agreement between the City and the\nPromises2Kids Foundation is exempt from the California Environmental Quality Act\npursuant to sections 15301 and 15323 of the CEQA Guidelines.\nSubitem-B: (R-2023-437)\nResolution authorizing the Mayor, or their designee, to enter into an Agreement with the\nPromises2Kids Foundation, in an amount not-to-exceed $4,500, 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: Justin Bargar

Item 104: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to\nPersian Cultural Center for Nowruz 2023 (Persian New Year Celebration).\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis Agreement with Persian Cultural Center is for an amount not-to-exceed $4,250.00, in\npreviously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant\nto recommended allocations by Council Districts 5 and 7.\nCouncil District(s) Affected: 5, 7.\nProposed Actions:\nSubitem-A: (R-2023-440)\nResolution determining that the approval of the Community Projects, Programs, and\nServices FY 2023 City Council Allocations Agreement between the City and the Persian\nCultural Center is exempt from the California Environmental Quality Act pursuant to\nsections 15301 and 15323 of the CEQA Guidelines.\nSubitem-B: (R-2023-439)\nResolution authorizing the Mayor, or their designee, to enter into an Agreement with the\nPersian Cultural Center, in an amount not-to-exceed $4,250, 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: Justin Bargar

Item 105: FY 2023 Community Projects, Programs and Services Funding Allocations to A.)\nC&C Mentor Protégé, B.) Diamond Business Association, Inc, C.) Dreams & Ducats,\nD.) Elementary Institute of Science, and E.) The Blue Heart Foundation.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThese Agreements with A.) C&C Mentor Protégé, B.) Diamond Business Association,\nInc, C.) Dreams & Ducats, D.) Elementary Institute of Science, and E.) The Blue Heart\nFoundation is for an aggregate amount not-to-exceed $30,000, in previously budgeted\nCommunity Projects, Programs, and Services (CPPS) funds, pursuant to recommended\nallocations by Council District 4.\nCouncil District(s) Affected: 4.\nProposed Actions:\nSubitem-A: (R-2023-433)\nResolution determining that the approval of the Community Projects, Programs, and\nServices FY 2023 City Council Allocations Agreements between the City and 1.) C&C\nMentor Protege, 2.) Diamond Business Association, Inc., 3.) Dreams & Ducats, 4.)\nElementary Institute of Science, and 5.) The Blue Heart Foundation are exempt from the\nCalifornia Environmental Quality Act pursuant to sections 15301 and 15323 of the CEQA\nGuidelines.\nSubitem-B: (R-2023-432)\nResolution authorizing the Mayor, or their designee, to enter into Agreements with 1.)\nC&C Mentor Protege, in an amount not-to-exceed $5,000; 2.) Diamond Business\nAssociation, Inc., in an amount not-to-exceed $10,000; 3.) Dreams & Ducats, in an\namount not-to-exceed $5,000; 4.) Elementary Institute of Science, in an amount not-to-\nexceed $5,000; and 5.) The Blue Heart Foundation, in an amount not-to-exceed $5,000,\npursuant to Council Policy 100-06, "City Council Funding of Community Projects,\nPrograms, and Services."\nCommittee Actions Taken: N/A\nCouncil Administration: Abigail Edwards, (619) 236-5918\nCity Attorney Contact: Justin Bargar

Item 106: Appointments and Reappointment to the Commission on Gang Prevention and\nIntervention.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 2, 3, 7.\nProposed Actions:\n(R-2023-446)\nResolution confirming the Mayor's appointments to the Commission on Gang Prevention\nand Intervention of Sheryl Harris for a term ending July 1, 2023, and Dr. Tezeru Teshome\nfor a term ending July 1, 2024, and reappointment of D'Andre Brooks for a term ending\nJuly 1, 2024.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 107: Appointments and Reappointments to the Youth Commission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 1, 2, 3, 6, 7, 8, 9.\nProposed Actions:\n(R-2023-441)\nResolution confirming the Mayor's appointments and reappointments to the City of San\nDiego Youth Commission for terms ending July 1, 2024.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 30: 2023 City of San Diego Women of Distinction.\nMAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT\nPRO TEM MONTGOMERY STEPPE, COUNCILMEMBER LACAVA,\nCOUNCILMEMBER CAMPBELL, COUNCILMEMBER WHITBURN,\nCOUNCILMEMBER VON WILPERT, COUNCILMEMBER LEE,\nCOUNCILMEMBER CAMPILLO, AND COUNCILMEMBER MORENO'S\nRECOMMENDATION:\nIn recognition of March as Women's History Month, the Mayor and the City Council will\nbe recognizing ten inspirational, courageous and strong local women who help make the\nCity of San Diego a better place. The Mayor's office worked with each Councilmember\nindividually for this ceremonial item. In addition to the Mayor's selected city-wide\nhonoree, each individual Councilmember selected and submitted to the Mayor's office one\nWoman of Distinction honoree who lives, works, or goes to school in their Council\nDistrict.\nPROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING)

Item 31: Dr. Frank Tangeherlini Day.\nCOUNCILMEMBER LACAVA AND COUNCILMEMBER LEE'S\nRECOMMENDATION:\nProclaiming March 14, 2023, to be “Dr. Frank Tangeherlini Day” in the City of San\nDiego.

Item 32: Suella Steel Day.\nCOUNCILMEMBER LACAVA'S RECOMMENDATION:\nProclaiming March 14, 2023, to be “Suella Steel Day” in the City of San Diego.

Item 33: Brigadier General Jason and Jane Conwell Morris Day.\nCOUNCILMEMBER CAMPILLO'S RECOMMENDATION:\nProclaiming Monday, April 3, 2023, to be “Brigadier General Jason and Jane Conwell\nMorris Day” in the City of San Diego.

Item 34: Ramadan Month.\nPRESENTED BY COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT\nPRO TEM MONTGOMERY STEPPE, COUNCILMEMBER LEE AND\nCOUNCILMEMBER CAMPILLO'S RECOMMENDATION:\nProclaiming March - April, 2023 to be “RAMADAN MONTH” in the City of San Diego.

Item 35: Moana Jr. Performance Day.\nCOUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S\nRECOMMENDATION:\nProclaiming March 18, 2023, to be “Moana Jr. Performance Day” in the City of San\nDiego.

Item 50: First Amendments to the As-Needed Civil Engineering Design Consultant\nAgreements With Michael Baker International, Inc. (H207140), Parsons\nTransportation Group, Inc. (H207141), Rick Engineering Company (H207142), and\nNasland Engineering, Inc. (H207143).\nTotal Estimated Cost of Proposed Action and Funding Source:\nThese amendments will extend contract duration only and do not have associated Fiscal\nConsiderations.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (O-2023-121)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the First\nAmendment to the as-needed Agreement with Michael Baker International, Inc.\n(H207140) extending the Agreement to 72 months to complete tasks that already issued\nunder the Agreement.\n6 votes required pursuant to Charter Section 99.\nSubitem-B: (O-2023-122)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the First\nAmendment to the as-needed Agreement with Parsons Transportation Group, Inc.\n(H207141) extending the Agreement to 72 months to complete tasks that already issued\nunder the Agreement.\n6 votes required pursuant to Charter Section 99.\nSubitem-C: (O-2023-124)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the First\nAmendment to the as-needed Agreement with Rick Engineering Company (H207142)\nextending the Agreement to 72 months to complete tasks that already issued under the\nAgreement.\n6 votes required pursuant to Charter Section 99.\nSubitem-D: (O-2023-123)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the First\nAmendment to the as-needed Agreement with Nasland Engineering, Inc. (H207143)\nextending the Agreement to 72 months to complete tasks that already issued under the\nAgreement.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non February 22, 2023.\nACTION: Motion by Vice Chair LaCava, second by Committee Member Montgomery\nSteppe, to recommend Council approval of staff's proposed actions.\nVOTE: 3-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-not present.\nEngineering & Capital Projects: Carrie Purcell, (619) 533-5124\nCity Attorney Contact: Dana C. Fairchild\nADOPTION AGENDA\nCONSENT, ORDINANCES TO BE ADOPTED:

Item 51: Pure Water Program – Amendment No. 3 to the Agreement With Jacobs-CH2M Hill\nEngineers, Inc. for As-Needed Construction Management Services – Conveyance\nProjects - Contract Number H176955.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAn amount not-to-exceed $40,000,000.00, for a contract extension of 39 months, thus\nincreasing the total amount of the agreement to $85,000,000.00, and increasing the\ncontract duration to 99 months from the following two Water Funds: 700011 (Water\nUtility Operating), 700010 (Water Utility CIP); and and the two Sewer Funds:\n700001(Metro Sewer Utility), 700009 (Metro Sewer CIP).\nCouncil District(s) Affected: 1, 2, 5, 6, 7.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/28/2023, Item 50 (Council\nvoted 9-0):\n(O-2023-117 Cor. Copy)\nOrdinance authorizing the Mayor, or his designee, to execute Amendment No. 3 to the\nAgreement with Jacobs-CH2M Hill Engineers, Inc. extending the Agreement through\nJuly, 2026, in connection with an As-Needed Construction Management Services -\nConveyance Projects for the Pure Water project.\n6 votes required pursuant to Charter Section 99.\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\nEngineering & Capital Projects: Akram Bassyouni, (619) 533-3616\nCity Attorney Contact: Elizabeth Cason

Item 52: Request to Exempt one (1) Assistant Deputy Director position in the Public Utilities\nDepartment from the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe estimated cost for this budgeted position is anticipated to be $166,000 and is funded\nby the Water Utility Operating Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/28/2023, Item 51 (Council\nvoted 9-0):\n(O-2023-113)\nOrdinance authorizing the exemption of an Assistant Deputy Director position in the\nCity's Public Utilities Department from the Classified Service, based on advisory review\nand favorable comment by the Civil Service Commission on November 3, 2022. This\nposition will be responsible for developing and overseeing the Dam Safety Program. This\nAction is brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nPublic Utilities: Keli Balo, (858) 292-6423\nCity Attorney Contact: Miguel Merrell

Item 53: Pure Water Program – Amendment No. 2 to the Agreement with Parsons-Black &\nVeatch Joint Venture for As-Needed Construction Manager - Treatment Plant and\nFacilities Projects - Contract Number H176935.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAn amount not-to-exceed $35,000,000.00, and for a contract extension of 36 months, thus\nincreasing the total amount of the agreement to $110,000,000.00, and increasing the\ncontract duration to 8 years from the following two Water Funds: 700011 (Water Utility\nOperating), 700010 (Water Utility CIP); and the following two Sewer Funds: 700001\n(Metro Sewer Utility), 700009 (Metro Sewer CIP).\nCouncil District(s) Affected: 1, 5, 6.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/28/2023, Item 60, Subitem-B\n(Council voted 9-0):\n(O-2023-116 Cor.Copy)\nOrdinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the\nAgreement with Parsons-Black & Veatch Joint Venture extending the Agreement through\nJuly 2026 in connection with As-Needed Construction Manager - Treatment Plant and\nFacilities Projects for the Pure Water Project.\n6 votes required pursuant to Charter Section 99.\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.\nEngineering & Capital Projects: Akram Bassyouni, (619) 533-3616\nCity Attorney Contact: Elizabeth Cason

Item 54: Amendments to Section 2, Article 6, Division 00 of the San Diego Municipal Code\nCreating a Climate Advisory Board and Repealing the Sustainable Energy Advisory\nBoard.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was amended by Council action by interlineation at\nthe time of introduction on 2/28/2023, Item 330 (Council vote 9-0):\n(O-2023-108 Rev.)\nOrdinance amending Chapter 2, Article 6, Division 00 of the San Diego Municipal Code\nby repealing section 26.04 and by adding new section 26.40 and 26.41 establishing the\nClimate Advisory Board and disbanding the Sustainable Energy Advisory Board.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on November 21, 2022.\nACTION: Motion by Chair LaCava, second by Vice Chair von Wilpert, to recommend\nCouncil approval of staff's proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.\nCouncil District 1: Brian Elliott, (619) 510-6874\nCity Attorney Contact: Kathy Steinman

Item 55: Amendments to Section 2, Article 6, Division 10 of the San Diego Municipal Code\nCreating a Resiliency Advisory Board and Repealing the Wetlands Advisory Board.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was amended by Council action by interlineation at\nthe time of introduction on 2/28/2023, Item 331 (Council vote 9-0):\n(O-2023-109 Rev.)\nOrdinance amending Chapter 2, Article 6, Division 10 of the San Diego Municipal Code\nby retitling Division 10, amending sections 26.1001 and 26.1002 and adding section\n26.1003 establishing the Resiliency Advisory Board and disbanding the Wetlands\nAdvisory Board.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on November 21, 2022.\nACTION: Motion by Chair LaCava, second by Vice Chair von Wilpert, to recommend\nCouncil approval of staff's proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Campillo-yea, Campbell-not present.\nCouncil District 1: Brian Elliott, (619) 510-6874\nCity Attorney Contact: Kathy Steinman\nADOPTION AGENDA\nCONSENT, RESOLUTIONS TO BE ADOPTED: