San Diego — 2023-07-25

Item 100: Award Contract to ERS Industrial Services, Inc. for Filter Media and One-Time\nUnderdrain Cap Rehabilitation at the Alvarado Water Treatment Plant (ITB\n10089995-23-W).\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total cost of this new contract is not-to-exceed $5,100,000, funded by the Water\nUtility Operating Fund.\nCouncil District(s) Affected: 7.\nProposed Actions:\nSubitem-A: (R-2023-843)\nResolution determining that the one-time media bed rehabilitation project at the Alvarado\nWater Treatment Plant is exempt from the California Environmental Quality Act pursuant\nto Section 15301(b) of the CEQA Guidelines.\nSubitem-B: (R-2023-842)\nResolution authorizing the Mayor, or his designee, to enter into an Agreement with ERS\nIndustrial Services, Inc., in an amount not to exceed $5,100,000, to provide maintenance,\nrepair, and replacement services, related to the one-time media bed rehabilitation project\nat the Alvarado Water Treatment Plant.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on June 22, 2023.\nACTION: Motion by Committee Member Campillo, second by Vice-Chair von Wilpert,\nto recommend Council approval of staff's proposed actions.\nVOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.\nPublic Utilities: Greg Cross, (619) 527-7460\nCity Attorney Contact: Justin Stanek

Item 101: Approval of Agreement for Sanitation Services and Incidental Hazardous Waste\nRemoval on Public Rights-of-Way and Other City-Owned Property with Clean\nHarbors Environmental Services, Inc.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe cost of this agreement is not-to-exceed $15,954,000, for a term of five (5) years. The\nagreement will be funded by the General Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2023-847)\nResolution determining that execution of the contract with Clean Harbors Environmental\nServices, Inc. for Sidewalk Sanitation Services is categorically exempt from the\nCalifornia Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section\n15301 (Existing Facility).\nSubitem-B: (R-2023-848)\nResolution authorizing the Mayor, or his designee, to execute the contract with Clean\nHarbors Environmental Services, Inc., for Sidewalk Sanitation Services for a term of up\nto five (5) years in an amount not-to-exceed $15,954,000, and for all related actions.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on June 22, 2023.\nACTION: Motion by Vice-Chair von Wilpert, second by Committee Member Campbell,\nto recommend Council approval of staff's proposed actions.\nVOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.\nEnvironmental Services: Franklin Coopersmith, (619) 236-6509\nCity Attorney Contact: Nicole M. Denow

Item 102: Settlement of Joseph Lopez, et al. v. City of San Diego, et al., San Diego Superior\nCourt No. 37-2016-00027281-CU-PA-CTL, Claim No. 11919.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $4,800,000.00 will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2023-836)\nResolution authorizing the settlement of Joseph Lopez, et al. v. City of San Diego, et al.,\nSan Diego Superior Court Case No. 37-2016-00027281-CU-PA-CTL, related to a claim of\npersonal injury arising out of a pedestrian vs. automobile accident that occurred on\nSeptember 25, 2015 at 3000 block of Health Center Drive. Risk Claim No. 11919.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Kelly L. McGeehan, (619) 533-5884

Item 103: Reappointments to the Commission on Gang Prevention and Intervention.\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, 4.\nProposed Actions:\n(R-2024-13)\nResolution confirming the Mayor's reappointments of Elizabeth Bustos for a term ending\nJuly 1, 2024, and Sheryl Harris and Jamie Wilson for terms ending July 1, 2025, to the\nCommission on Gang Prevention and Intervention.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 104: Reappointment to the Consolidated Plan Advisory Board.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 8.\nProposed Actions:\n(R-2024-6)\nResolution confirming the reappointment of Victoria Barba to the Consolidated Plan\nAdvisory Board for a term ending July 1, 2024.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 105: Reappointments to the Citizens Advisory Board on Police/Community Relations.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 4, 7.\nProposed Actions:\n(R-2024-10)\nResolution confirming the Mayor's reappointment of Ellis Clay, Pastor Dennis Hodges,\nand Norma Sandoval to the Citizens Advisory Board on Police/Community Relations for\nterms ending January 1, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 106: Appointment and Reappointment to the Balboa Park Committee.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 1, 9.\nProposed Actions:\n(R-2024-24)\nResolution confirming the Mayor's appointment of Molly Chase, for a term ending March\n1, 2024, and reappointment of Makeda Cheatom, for a term ending March 1, 2025, to the\nBalboa Park Committee.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 107: Adoption of Updated Street Damage Fee Schedule.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-19)\nResolution approving an update to the Street Damage Fee schedule and amending the\nCity's Rate Book.\nCommittee Actions Taken:\nThis item was heard at the Budget & Government Efficiency Committee meeting on July\n12, 2023.\nACTION: Motion by Committee Member Lee, second by Committee member LaCava,\nto recommend Council approval of staff's proposed actions.\nVOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.\nTransportation Department: Chelsea Klaseus, (858) 541-4325\nCity Attorney Contact: Ryan P. Gerrity\nNON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET\nANALYST, CITY CLERK, CITY ATTORNEY\nPROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING

Item 30: American Muslim Appreciation and Awareness Month.\nCOUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM\nMONTGOMERY STEPPE, COUNCILMEMBER LEE, AND COUNCILMEMBER\nCAMPILLO'S RECOMMENDATION:\nProclaiming the month of August 2023 to be “American Muslim Appreciation and\nAwareness Month” in the City of San Diego.\nSPECIAL ORDERS OF BUSINESS\nNone.\nITEMS PULLED FROM CONSENT BY COUNCILMEMBERS\nINFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)

Item 330: Accept and Expend Highway Safety Improvement Program (HSIP Cycle 11) Grant\nFunding for Pacific Beach Traffic Signal Timing and Communication Upgrades.\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAccept $1,002,500 of grant funds from the California Department of Transportation.\nCouncil District(s) Affected: 1, 2, 7.\nProposed Actions:\nSubitem-A: (R-2024-15)\nResolution determining that the authorization to enter into a grant agreement and accept,\nappropriate and expend Highway Safety Improvement Cycle 11 grant funding for Pacific\nBeach and surrounding area traffic signal upgrades is categorically exempt from CEQA\nunder CEQA Guidelines section 15301(c).\nSubitem-B: (R-2024-14)\nResolution authorizing the Mayor or designee to enter into a grant agreement and accept,\nappropriate, and expend Highway Safety Improvement Cycle 11 grant funding in an\namount not-to-exceed $1,002,500 in Fund 600001 for Pacific Beach and surrounding area\ntraffic signal upgrades.\nCommittee Actions Taken: N/A\nTransportation Department: Stephen Celniker, (619) 533-3611\nCity Attorney Contact: Cassandra Mougin

Item 331: Accept and Expend Highway Safety Improvement Program (HSIP Cycle 11) Grant\nFunding for Mid-City and San Ysidro Traffic Signal Timing and Communication\nUpgrades.\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAccept $1,018,250 of grant funds from the California Department of Transportation.\nCouncil District(s) Affected: 3, 8, 9.\nProposed Actions:\nSubitem-A: (R-2024-18)\nResolution determining that the authorization to enter into a grant agreement and accept,\nappropriate and expend Highway Safety Improvement Cycle 11 grant funding for Mid-\nCity, San Ysidro and surrounding area traffic signal upgrades is categorically exempt from\nCEQA under CEQA Guidelines section 15301(c).\nSubitem-B: (R-2024-17)\nResolution authorizing the Mayor or designee to enter into a grant agreement and accept,\nappropriate, and expend Highway Safety Improvement Cycle 11 grant funding in an\namount not-to-exceed $1,018,250, in Fund 600001 for Mid-City, San Ysidro and\nsurrounding area traffic signal upgrades.\nCommittee Actions Taken: N/A\nTransportation Department: Stephen Celniker, (619) 533-3611\nCity Attorney Contact: Cassandra Mougin

Item 332: Approval Authorizing the Acceptance, Appropriation, and Expenditure of the State\nof California Assembly Bill 179 Pass-Through Grant.\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAuthorize the Chief Financial Officer, or designee, to accept, appropriate, and expend a\npass-through grant from the California Office of Emergency Services in an amount not-to-\nexceed $2,000,000.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-3)\nResolution authorizing acceptance, appropriation, and expenditure of California Assembly\nBill 179 Pass-Through Grant in the amount of $2,000,000 for startup costs related to\nemergency shelter for victims of domestic violence.\nCommittee Actions Taken: N/A\nHomelessness Strategies: Sarah Jarman, (619) 385-6963\nCity Attorney Contact: Heather Ferbert

Item 333: Bella Mar Apartments – Project No. 631240\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:\nNo City expenditures are being approved with this action. All costs associated with\nprocessing of this project are paid through a deposit account by the applicant.\nCouncil District(s) Affected: 8.\nProposed Actions:\nThis project includes a General Plan amendment to re-designate a 14.62-acre site from\nParks, Open Space and Recreation to Residential, a Otay Mesa-Nestor Community Plan\namendment to re-designate the site from Open Space to Medium Density Residential, an\namendment to the Local Coastal Program removing the site from the Special Study Area\nin Appendix 1B of the Community Plan and from the Coastal Deferred Certification area,\nan amendment to San Diego Municipal Code Sections 126.0702 and 132.0402 to re-\ndesignate the site in the Coastal Overlay Zone Jurisdiction Map from Coastal Deferred\nCertification; a Rezone; and adoption of MND No. 631240 and a MMRP for the Bella\nMar Apartments project. (Rev. 7/20/23)\nSubitem-A: (R-2024-11)\nResolution adopting mitigated negative Declaration No. 631240/State Clearinghouse No.\n2022040642 and adopting the Mitigation, Monitoring, and Reporting Program for the\nBella Mar Apartments Project.\nSubitem-B: (R-2024-12)\nResolution adopting an amendment to the General Plan to redesignate a 14.62-acre site\nlocated at 408 Hollister St., from Park, Open Space, and Recreation to Residential, and an\namendment to the Otay Mesa-Nestor Community Plan to redesignate land from Open\nSpace to Residential - Medium Density, and Local Coastal Program Amendment.\nSubitem-C: (O-2024-4)\nIntroduction of an Ordinance changing 14.62-acres located at 408 Hollister Street within\nthe Otay Mesa-Nestor Community Plan area from the OF-1-1 (Open Space - Floodplain)\nand AR-1-2 (Agricultural - Residential) zones to the RM-2-5 (Residential - Multiple-Unit)\nzone.\nSubitem-D: (O-2024-5)\nIntroduction of an Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego\nMunicipal Code by amending section 126.0702; and amending Chapter 13, Article 2,\nDivision 4 by amending section 132.0402 relating to the Coastal Overlay Zone\nJurisdiction Area and Amending Coastal Development Permit Jurisdiction Map No. C-\n730-1. (Rev. 7/20/23)\nCommittee Actions Taken: N/A\nDevelopment Services: Martin R. Mendez, (619) 446-5309\nCity Attorney Contact: Lauren Hendrickson\nNON-AGENDA ITEMS

Item 50: First Amendment to the Agreement with Kennedy/Jenks Consultants, Inc.\n(Kennedy/Jenks) for Professional Services for the Design and Construction Support,\nContract# H166752, of Alvarado 2nd Extension Pipeline.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe contract funding phases in the amount not-to-exceed $9,376,110.00; of which\n$748,612.00 is for Phase III, and $3,232,917.00 is for all subsequent phases in CIP S-\n12013, Alvarado 2nd Extension Pipeline, Water Utility CIP. Total Amendment amount of\n$3,981,529.00.\nCouncil District(s) Affected: 2, 7.\nProposed Actions:\n(O-2023-207)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute a first\namendment to Contract H166752 with Kennedy/Jenks Consultants, Inc. for professional\nengineering services for design and construction support for the Alvarado 2nd Extension\nPipeline project.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non June 21, 2023.\nACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea\nEngineering & Capital Projects: Luis Schaar, (858) 627-3220\nCity Attorney Contact: Adam Wander

Item 51: First Amendment to the Settlement with San Diego Coastkeeper and Coastal\nEnvironmental Rights Foundation Regarding Statewide Industrial Storm Water\nPermit Order No. 2014-0057-DWQ.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe first amendment to the settlement agreement caps the monitoring fees up to $25,000\nper year during the settlement term, with stipulated payments of $1,000 for each missed\nreporting deadline, to be funded by the Metro Sewer Utility Fund.\nCouncil District(s) Affected: 1, 2, 6, 8.\nProposed Actions:\n(O-2023-209 Cor. Copy 2)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to enter into an\nAmended Consent Decree, and to approve further amendments, provided the amendment\nonly extend the date for the City to meet its compliance obligations, in the matter of San\nDiego Coastkeeper, et al. v. City of San Diego, U.S. District Court Case No.: 3:18-cv-\n01757-JM-WVG to amend the term and extend the compliance dates for five City\nfacilities under the National Pollutant Discharge Elimination System Industrial General\nPermit No. 2014-0057-DWQ.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nPublic Utilities: Thomas Rosales, (858) 292-6418\nCity Attorney Contact: Shannon Eckmeyer

Item 52: Exemption of an Assistant Deputy Director, a Principal Accountant and a Program\nCoordinator Position in the Development Services Department from the Classified\nService.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThese positions are included in the Fiscal Year 2024 adopted budget. The Program\nCoordinator in Cannabis Business Division is budgeted in the General Fund. The\nAssistant Deputy Director and Principal Accountant positions are budgeted in the\nDevelopment Services Department Enterprise Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-1)\nIntroduction of an Ordinance authorizing the exemption of an Assistant Deputy Director, a\nPrincipal Accountant, and a Program Coordinator position in the Development Services\nDepartment from the Classified Service, based on advisory review and favorable\ncomment by the Civil Service Commission on July 6, 2023. The Assistant Deputy\nDirector position will assist with overseeing the Business Operations and Support\nServices Division. The Principal Accountant position will oversee accounting activities\nwithin the permit tacking system, cashier services, and the City's financial system known\nas SAP. The Program Coordinator position will develop and coordinate the Cannabis\nSocial Equity Program in the Cannabis Business Division. This Action is brought under\nSan Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nDevelopment Services: Rimah Khouri-Velez, (619) 446-5007\nCity Attorney Contact: Miguel Merrell

Item 53: First Amendment to the Consulting Agreement with Adam Frank Incorporated for\nthe Presidio Public Art Project (H176944).\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: 2.\nProposed Actions:\n(O-2023-148)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the First\nAmendment to the Consulting Agreement with Adam Frank, Inc., extending the\nConsulting Agreement through August 31, 2027, in connection with the Presidio Park\nPublic Art Project.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Economic Development and Intergovernmental Relations\nCommittee meeting on July 12, 2023.\nACTION: Motion by Vice Chair Montgomery Steppe, second by Committee Member\nLee, to recommend Council approval of staff's proposed actions.\nVOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.\nCommission for Arts and Culture: Christine E. Jones, (619) 236-6661\nCity Attorney Contact: Ken So\nADOPTION AGENDA\nCONSENT, ORDINANCES TO BE ADOPTED:

Item 54: Amendments to the Street Preservation Ordinance.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no costs associated with this action.\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 7/10/2023, Item 200, Subitem-B (Council voted 9-0):\n(O-2023-172 Rev. Cor. Copy)\nOrdinance amending Chapter 6, Article 2, Division 11 of the San Diego Municipal Code\nby amending sections 62.1102, 62.1104, and 62.1105; retitling and amending section\n62.1106; amending sections 62.1107 and 62.1108; repealing sections 62.1109 and\n62.1110; amending and renumbering section 62.1111 to section 62.1109; amending and\nrenumbering section 62.1112 to section 62.1110; amending and renumbering section\n62.1113 to section 62.1111; and amending and renumbering section 62.1114 to section\n62.1112; by amending Chapter 6, Article 2 of the San Diego Municipal Code by amending\nthe title of Division 12; and by amending Chapter 6, Article 2, Division 12 of the San\nDiego Municipal Code by amending section 62.1202 and 62.1203; retitling and amending\nsection 62.1204; amending section 62.1205, 62.1206, 62.1207; adding new section\n62.1208; retitling, amending, and renumbering existing section 62.1208 to 62.109;\nretitling, amending, and renumbering section 62.1209 to section 62.1210; retitling,\namending, and renumbering section 62.1210 to section 62.1211; amending and\nrenumbering section 62.1211 to section 62.1212; amending and renumbering section\n62.1212 to section 62.1213; amending and renumbering section 62.1213 to section\n62.1214; retitling, amending, and renumbering section 62.1214 to section 62.1215;\namending and renumbering section 62.1215 to section 62.1216, repealing existing section\n62.1216; amending sections 62.1217 and 62.1218; and adding new section 62.1219 to the\nSan Diego Municipal Code, all relating to excavations in the public right-of-way.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non November 16, 2022.\nMotion by Chair von Wilpert, second by Council President Pro Tem Montgomery Steppe\nfor this item to go to full Council no earlier than January 30, 2023, with direction to work\nwith the City Attorney’s Office to complete legal review and additional information\nincluding the following:\n- Request the IBA update to their 2012 report on this issue\n- Request staff provide additional examples of safety hazards presented to vehicles,\nbicyclists, and pedestrians as a result of inadequate or\nfailing trench repairs.\n-Request the City Attorney’s office provide information about any history of litigation or\nsettlements by the City related to any accidents\nthat took place as a result of trench related repairs.\n-Request that staff present responses to the issues raised by the entities that excavate in\nthe public right-of-way, and highlight any\npotential changes from the proposed action we are seeing today as a result of continued\ndiscussions with those entities, with a redline of\nany changes made.\nVOTE: 4-0; von Wilpert-yea, LaCava-yea, Campbell-yea, Montgomery Steppe-yea.\nTransportation Department: Chelsea Klaseus, (858) 541-4325\nCity Attorney Contact: Ryan P. Gerrity

Item 55: Amendments to the San Diego Municipal Code to Expand the Board of Library\nCommissioners.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: Outside of City limits.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 7/11/2023, Item 50 (Council\nvoted 9-0):\n(O-2023-139)\nOrdinance amending Chapter 2, Article 6, Division 3 of the San Diego Municipal Code by\namending Section 23.0301, relating to the Board of Library Commissioners.\nCommittee Actions Taken:\nThis item was heard at the Rules Committee meeting on June 7, 2023.\nACTION: Motion by Committee Member Lee, second by Committee Member LaCava,\nto recommend Council approval of staff's proposed actions.\nVOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-not\npresent.\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 56: Amendments to the San Diego Municipal Code Relating to the City of San Diego\nYouth Commission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: Outside of City limits.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 7/11/2023, Item 51 (Council\nvoted 9-0):\n(O-2023-201)\nOrdinance amending Chapter 2, Article 6, Division 16 of the San Diego Municipal Code\nby amending Sections 26.1602 and 26.1604, relating to the City of San Diego Youth\nCommission.\nCommittee Actions Taken:\nThis item was heard at the Rules Committee meeting on June 7, 2023.\nACTION: Motion by Committee Member Lee, second by Committee Member LaCava,\nto recommend Council approval of staff's proposed actions with a request to further\namend San Diego Municipal Code section 26.1604 to change who shall serve as liaison to\nthe City of San Diego Youth Commission from a member of the City Council, or\ndesignee, to the Mayor, or designee.\nVOTE: 4-0; Elo-Rivera-yea, Montgomery Steppe-yea, LaCava-yea, Lee-yea, Moreno-not\npresent.\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 57: First Amendment to Agreement with Mullen & Plummer APC to Provide Continued\nLegal Services as Panel Outside Counsel.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNo funding is requested as part of this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 7/11/2023, Item 53 (Council\nvoted 9-0):\n(O-2023-199)\nOrdinance authorizing a First Amendment to the legal services agreement (LSA) with\nMullen & Plummer APC to increase the total amount of time under the contract beyond\nfive years, for a period not to exceed seven years. The increase of two years is necessary\nto continue work Mullen & Plummer APC is performing on behalf of the City, which\ninvolves defending the City and from a workers’ compensation claim in which the\nclaimant, in propria persona, alleged fraud in discovery matters against the City.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Diana Adams, (619) 533-5849

Item 58: IBank Infrastructure State Revolving Fund Program Loan for the Miramar Landfill\nOrganics Processing Facility Project.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see the "Fiscal Considerations" section of the Staff Report.\nCouncil District(s) Affected: 6.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 7/11/2023, Item S500 (Council\nvoted 9-0):\n(O-2023-200)\nOrdinance authorizing the application for, and incurrence of, a loan in a maximum\nprincipal amount not to exceed $40.0 million from the California Infrastructure and\nEconomic Development Bank to finance an Organics Processing Facility at the Miramar\nLandfill, and approving certain other matters in connection therewith.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee meeting on\nJune 21, 2023.\nACTION: Motion by Vice-Chair Moreno, second by Committee Member Lee, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.\nDepartment of Finance: Jyothi Pantulu, (619) 236-6917\nCity Attorney Contact: Bret A. Bartolotta

Item 59: Second Amendment to Agreement with Hurrell & Cantrall LLP to Provide\nContinued Legal Services as Panel Outside Counsel.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe proposed Second Amendment to the LSA is for an increase of $300,000, for a\ncontract total amount not to exceed $850,000. Funding will come from the Public\nLiability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 7/11/2023, Item 330 (Council\nvoted 8-1, Councilmember LaCava-nay):\n(O-2023-198)\nOrdinance authorizing a Second Amendment to the legal services agreement (LSA) with\nthe Law Firm to increase the total amount of time under the contract beyond five years,\nfor a period not to exceed six years, and increase the total not-to-exceed amount to\n$850,000 from $550,000.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-6370\nADOPTION AGENDA\nCONSENT, ORDINANCES TO BE INTRODUCED WITH RESOLUTIONS TO BE ADOPTED:

Item 60: Award Amendment #1 to Contract H207152 to Blue Lake Civil for the Design and\nConstruction Support Services of AC Water and Sewer Group Job 1033.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis amendment is in the total amount not-to-exceed $975,270 of which $594,914.70 is\nfrom the Water Fund and $380,355.30 is from the Sewer Fund.\nCouncil District(s) Affected: 3.\nProposed Actions:\nSubitem-A: (R-2023-840)\nResolution determining that the award and execution of Amendment No. 1 to Contract\nH207152 with Blue Lake Civil for professional engineering services for AC Water And\nSewer Group Job 1033 is statutorily exempt from CEQA pursuant to State CEQA\nGuidelines Section 15262.\nSubitem-B: (O-2023-205)\nIntroduction of an Ordinance authorizing the mayor or his designee to execute\nAmendment No. 1 to Contract H207152 with Blue Lake Civil for professional\nengineering services for AC Water And Sewer Group Job 1033 and related actions.\nSubitem-B: 6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non June 21, 2023.\nACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea\nEngineering & Capital Projects: Luis Schaar, (858) 627-3220\nCity Attorney Contact: Adam Wander\nADOPTION AGENDA\nCONSENT, RESOLUTIONS TO BE ADOPTED:

Item S500: Citywide Park Development Impact Fee (DIF) Project Allocations. (Added 7/21/23)\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:\nThis request is for approval of Citywide Park Development Impact Fee (DIF) and Local\nCommunity DIF allocations in the amount of $8.3 million for 10 park improvement\nprojects and parkland acquisition.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2024-7)\nResolution determining that a project involving only feasibility or planning studies for\npossible future actions which the agency, board, or commission has not approved,\nadopted, or funded is statutorily exempt from the California Environmental Quality Act\n(CEQA) pursuant to CEQA Guidelines Section 15262.\nSubitem-B: (R-2024-8)\nResolution determining that a Project involving the granting or acceptance of funding by a\npublic agency for the purposes of acquiring, selling, or transferring interest in land by a\npublic agency for the preservation of open space or lands for park purposes is statutorily\nexempt from CEQA pursuant to CEQA Guidelines section 21080.28.\nSubitem-C: (R-2023-841)\nResolution authorizing the Chief Financial Officer to transfer and expend a total of\napproximately $8.3 million of Citywide Park Development Impact Fees (DIF) and\ncommunity-based DIF fees toward ten park improvement projects; and for all related\nactions.\nCommittee Actions Taken:\nThis item was heard at the Community and Neighborhood Services Committee meeting\non June 29, 2023.\nACTION: Motion by Committee Member Campillo, second by Vice-Chair Elo-Rivera, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Campbell-yea, Elo-Rivera-yea, Whitburn-yea, Campillo-yea.\nParks & Recreation: Tom Tomlinson, (619) 533-3187\nCity Attorney Contact: Jane M. Boardman

Item S501: Ratification of the Emergency Contract with HIG Downtown Investments LLC for\nTemporary Relocation of Individuals Sheltered at Golden Hall. (Added 7/21/23)\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:\nThis item is to approve the resolution ratifying the emergency contract between the City\nof San Diego and HIG Downtown Investments LLC for a total of $151,371.13 related to\nthe Golden Hall shelter relocation.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2023-846)\nResolution determining that ratification of the emergency contract with HIG Downtown\nInvestments LLC for the temporary relocation of individuals sheltered at Golden Hall is\nstatutorily exempt from the California Environmental Quality Act pursuant to CEQA\nGuidelines section 15269(c).\nSubitem-B: (R-2023-845)\nResolution ratifying an emergency contract, pursuant to San Diego Municipal Code\nsection 22.3208, with HIG Downtown Investments LLC in the amount of $151,371.13 for\nthe temporary relocation of individuals sheltered at Golden Hall.\n6 votes required pursuant to San Diego Municipal Code Section 22.3208(b).\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on June 15, 2023.\nACTION: Motion by Committee Member Whitburn, second by Committee Member Lee,\nto recommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.\nHomelessness Strategies: Sarah Jarman, (619) 385-6963\nCity Attorney Contact: Jose A. Garcia\nDISCUSSION, NOTICED HEARINGS: