San Diego — 2023-09-12

Item 100: Award Construction Contract to Orion Construction Corporation for the Morena\nDam Spillway Repair Project.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe cost of this agreement is not-to-exceed $4,087,000.00 for a term of 8 months . The\nagreement will be funded by the Water Utility Operating Fund.\nCouncil District(s) Affected: Outside of City limits.\nProposed Actions:\n(R-2024-67)\nResolution authorizing the Mayor, or his designee, to enter into an Agreement with Orion\nConstruction Corporation, in an amount not-to-exceed $4,087,000.00, to provide\nconstruction services, related to the Morena Dam Spillway Near Term Repair Project.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on July 20, 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.\nPublic Utilities: Keli Balo, (858) 292-6423\nCity Attorney Contact: Justin Stanek

Item 101: Award Construction Contract to Orion Construction Corporation for the El Capitan\nDam Spillway Near Term Repair Project (Bid No. K-23-2126-DBB-3).\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total estimated cost of proposed action is not-to-exceed $4,872,000. Funding is\navailable within Water Utility Operating Fund.\nCouncil District(s) Affected: Outside of City limits.\nProposed Actions:\n(R-2024-68)\nResolution authorizing the Mayor, or his designee, to enter into an Agreement with Orion\nConstruction Corporation, in an amount not-to-exceed $4,872,000.00, to provide\nconstruction services, related to the El Capitan Dam Spillway Near Term Repair project.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on July 20, 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.\nPublic Utilities: Keli Balo, (858) 292-6423\nCity Attorney Contact: Justin Stanek

Item 102: Award of Agreement with SWT Engineering, Inc. for As-Needed Landfill\nEngineering and Environmental Consulting Services, H2226092.\nTotal Estimated Cost of Proposed Action and Funding Source:\nFunding will come from the Refuse Disposal Fund, at a cost of $7,500,000.00 over a five-\nyear period.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-69)\nResolution authorizing award of an agreement for as-needed landfill engineering and\nenvironmental consulting services to SWT Engineers.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on July 20, 2023.\nACTION: Motion by Vice Chair von Wilpert, second by Committee member Campillo,\nto recommend Council approval of staff’s proposed actions.\nVOTE: 4-0; LaCava-yea, von Wilpert-yea, Campell-yea, Campillo-yea.\nEnvironmental Services: Renee Robertson, (858) 573-1275\nCity Attorney Contact: Frederick M. Ortlieb

Item 103: Adopting the 2023 Update to the San Diego County Multi-Jurisdiction Hazard\nMitigation Plan.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no costs associated with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-42)\nResolution adopting the 2023 update to the San Diego County Multi-Jurisdiction Hazard\nMitigation Plan.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on July 19, 2023.\nACTION: Motion by Committee Member Campillo, second by Committee member\nCampbell, to recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; von Wilpert-yea, Campbell-yea, Campillo-yea, Montgomery Steppe-not\npresent.\nOffice of Emergency Services: Hannah Chasteene, (619) 533-6455\nCity Attorney Contact: Lara Easton

Item 104: Declare Approximately 27,670 Square Feet of the Crystal Pier Structure "Exempt\nSurplus Land" Pursuant to California Government Code Section 54221(f)(1)(H).\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: 1.\nProposed Actions:\nSubitem-A: (R-2024-35)\nResolution determining that declaring approximately 27,670 square feet of the Crystal\nPier structure in the Pacific Beach area of the City of San Diego is exempt surplus land\nunder the Surplus Land Act is exempt from the California Environmental Quality Act\nunder Title 14 California Code of Regulations section 15061(b)(3).\nSubitem-B: (R-2024-36)\nResolution declaring that approximately 27,670 square feet of the Crystal Pier structure in\nthe Pacific Beach area of the City of San Diego is exempt surplus land under the Surplus\nLand Act.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on July 13, 2023.\nACTION: Motion by Vice Chair LaCava, second by Committee member Whitburn, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.\nDepartment of Real Estate and Airport Management: Roswitha Sanchez, (619) 236-6721\nCity Attorney Contact: Delmar Williams

Item 105: Pump Station 1 and 2 Improvements and Modernization Project.\nTotal Estimated Cost of Proposed Action and Funding Source:\n$5,200,000 from the Metro CIP Sewer Utility Fund to support project set up and design\ncosts.\nCouncil District(s) Affected: 2, 8.\nProposed Actions:\nSubitem-A: (R-2023-427)\nResolution determining that adding CIP L-24000, PS 1 & 2 Improvements and\nModernization Project, to the Capital Improvements Program is categorically exempt\nfrom the California Environmental Quality Act, pursuant to state CEQA Guidelines\nSection 15301(B) and Section 15302(C).\nSubitem-B: (R-2023-426)\nResolution adding CIP L-24000, PS 1 & 2 Improvements and Modernization Project, to\nthe Capital Improvements Program\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on February 9, 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: Tom Rosales, (858) 292-6418\nCity Attorney Contact: Adam Wander

Item 106: Ronald Turner and Ruthellen Nackman v. City of San Diego, et al. San Diego\nSuperior Court Case No. 37-2023-00016249-CU-EI-CTL, Claim No 25047.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $95,000.00 will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-34)\nResolution authorizing the settlement of Ronald Turner and Ruthellen Nackman v. City of\nSan Diego, et al., San Diego Superior Court Case No. 37-2023-00016249-CU-EI-CTL,\nrelated to damages sustained from March to July, 2022, during emergency construction\nservices for the Tuxedo Road Storm Drain Replacement project at 7407 Melotte Street.\nRisk Claim No. 25047.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jon Taylor, (619) 235-5898

Item 107: Appointments and Reappointment to the Municipal Golf 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, 7.\nProposed Actions:\n(R-2024-57)\nResolution confirming the Mayor's appointments of Curtis Burkhead and Shawn Cox and\nreappointment of Marty Block to the Municipal Golf Committee.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 108: Appointment and Reappointments to the Accessibility 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: 2, 4, 5.\nProposed Actions:\n(R-2024-54)\nResolution confirming the Mayor's appointment of Dr. Leticia Zuno and reappointment of\nJacqueline Jackson, Wayne Joseph Landon, and Patricia Sieglen-Perry to the Accessibility\nAdvisory Board for terms ending June 30, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 109: Appointment and Reappointments 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: 1, 2, 5, 6.\nProposed Actions:\n(R-2024-55)\nResolution confirming the Mayor's appointment of Jordan Beane, for a term ending July\n1, 2024, and reappointments of E. Yegin Chen, Lauren Balcita Garces, and Smith\nSirisakorn, for terms ending July 1, 2025, to the Consolidated Plan Advisory Board.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 110: Reappointment 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: 3.\nProposed Actions:\n(R-2024-56)\nResolution confirming the Mayor's reappointment of Maria Fernanda Ezquerro, for a term\nending July 1, 2025, to the Commission 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 111: Resolution Excusing Councilmember Raul Campillo from City Council and\nCommittee Meetings.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-58)\nResolution excusing the absence of Councilmember Raul Campillo from City Council and\nCouncil Committee meetings from October 9 through December 1, 2023.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 7: Carrie Shah, (619) 533-5906\nCity Attorney Contact: Kathy Steinman

Item 30: Sushi Deli Day.\nMAYOR GLORIA AND COUNCILMEMBER LEE'S RECOMMENDATION:\nProclaiming September 12, 2023, to be “Sushi Deli Day” in the City of San Diego.

Item 31: 92123 Day.\nMAYOR GLORIA AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:\nProclaiming September 21, 2023, to be “92123 Day” in the City of San Diego.

Item 32: Childhood Cancer Awareness Month.\nCOUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER CAMPBELL'S\nRECOMMENDATION:\nProclaiming September 2023, to be “Childhood Cancer Awareness Month” in the City of\nSan Diego.

Item 33: National Service Dog Month.\nCOUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER CAMPBELL'S\nRECOMMENDATION:\nProclaiming September 2023, to be “National Service Dog Month” in the City of San\nDiego.

Item 330: Application and Acceptance of $2,000,000 in Grant Funds for Restoration of the\nCamino De La Costa Stairs.\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:\n$2,000,000 in State grant funds for Camino de la Costa Stairs.\nCouncil District(s) Affected: 1.\nProposed Actions:\n(R-2023-829)\nResolution authorizing the Mayor, or his designee, to make an application to the\nCalifornia Coastal Conservancy Grant Program and to accept, appropriate, and expend an\namount not to exceed $2,000,000 in Grant Program funding for the restoration of the\nCamino de la Costa Stairs, contingent upon receipt of a fully executed Grant Agreement if\nthe Grant funding is secured; authorizing the Chief Financial Officer to increase the\nCapital Improvements Program (CIP) Budget in CIP AGF00006 (Coastal Erosion and\nAccess), and for all related actions. (Rev. 9/7/23)\nCommittee Actions Taken: N/A\nParks & Recreation: Andy Field, (619) 235-1110\nCity Attorney Contact: Jane M. Boardman

Item 331: Creation of Underground Utility Districts for Normal Heights (3DD), Jamacha-\nLomita (4Y1), and Egger Highlands (8R1) and the Adoption of Final Mitigated\nNegative Declaration for the FY16 Allocation Undergrounding Utility Districts\n(Project No. 463483).\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:\nThe total estimated cost for these projects is approximately $58.4 million. The electrical\nutility work, estimated at $51.6 million, will be fully funded by the Surcharge Fund\n200217. Other costs for administration, streetlight replacement, street resurfacing, and\nother related work, estimated at $6.8 million, will also be paid for by the Surcharge Fund.\nCouncil District(s) Affected: 4, 8, 9.\nProposed Actions:\nUUP District formation step 1 – calling a public hearing:\nSubitem-A: (R-2024-70)\nResolution fixing time and place for a public hearing to determine whether the public\nhealth, safety or general welfare requires the removal of poles, overhead wires and\nassociated overhead structures and the underground installation of wires and facilities for\nsupplying electric, communication, community antenna television or similar or associated\nservice in the specified District areas, and directing the City Clerk to provide notice to\naffected persons and utility companies.\nUUP District formation step 2 – at a later date set by step 1, vote to approve MND and\nform district after hearing conducted.\nSubitem-B: (R-2024-72)\nResolution Adopting Mitigated Negative Declaration No. 463483 and Adopting the\nMitigation, Monitoring, and Reporting Program for the FY16 Allocation Undergrounding\nUtilities Districts.\nSubitem B will be heard at a later date. (Rev. 9/6/23)\nSubitem-C: (R-2024-71)\nResolution determining that the creation of the described District is in the public interest\nand necessary for public health, safety, or general welfare; declaring the District to be a\nutility underground district; authorizing the Mayor or his designee to establish an\nundergrounding schedule for the District; instructing the Mayor or his designee to notify\nall affected persons and utility companies of the provisions of the District schedule once\nadopted; and directing the City Clerk to file a Notice of Determination with the Clerk of\nthe Board of Supervisors for the County of San Diego regarding the Districts.\nSubitem C will be heard at a later date. (Rev. 9/6/23)\nCommittee Actions Taken: N/A\nTransportation Department: James Nabong, (619) 533-3721\nCity Attorney Contact: Ryan P. Gerrity\nNON-AGENDA ITEMS

Item 34: Bandar Restaurant Day.\nCOUNCILMEMBER WHITBURN'S RECOMMENDATION:\nProclaiming September 12, 2023, to be “Bandar Restaurant Day” in the City of San\nDiego.

Item 35: Linda Vista Second Baptist Church 80th Anniversary Day.\nCOUNCILMEMBER CAMPILLO'S RECOMMENDATION:\nProclaiming September 17, 2023, to be “Linda Vista Second Baptist Church 80th\nAnniversary Day” in the City of San Diego.

Item 50: Authorization to Execute Third Amendment to Agreement with Tablet Command.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe cost of software licenses is estimated to be $111,000 annually, which is budgeted in\nthe department's General Fund. Approximately one-third of this amount is reimbursed\nannually by our Fire Metro Zone Partners.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-14 Cor. Copy) (Rev. 9/6/23)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to approve the Third\nAmendment to the Agreement with Tablet Command, Inc. for emergency incident\nmanagement application services.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on July 19, 2023.\nACTION: Motion by Committee Member Campillo, second by Committee member\nCampbell, to recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; von Wilpert-yea, Campbell yea, Campillo-yea, Montgomery Steppe-not\npresent.\nFire-Rescue: John Wood, Assistant Fire Chief, (619) 533-4302\nCity Attorney Contact: Laura DePoister

Item 51: Exemption of Three Program Coordinator Positions in the Department of\nInformation Technology from the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNo fiscal impact with this action. These positions are included in the Fiscal Year 2024\nAdopted Budget within fund 200448, GIS Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-12)\nIntroduction of an Ordinance authorizing the exemption of three Program Coordinator\npositions in the City's Department of Information Technology from the Classified Service,\nbased on advisory review and favorable comment by the Civil Service Commission on\nJuly 6, 2023. These positions will be responsible for managing the Citywide Geographic\nInformation System (GIS) licensing, infrastructure, and data editing environments. This\nAction is brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nDepartment of Information Technology: Jonathan Behnke, (619) 533-3637\nCity Attorney Contact: Miguel Merrell\nADOPTION AGENDA\nCONSENT, ORDINANCES TO BE ADOPTED:

Item 52: 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:\nAdopt the following Ordinance which was introduced on 7/25/2023, item 50 (Council\nvoted 9-0):\n(O-2023-207)\nOrdinance authorizing the Mayor, or his designee, to execute a fist amendment to\nContract H166752 with Kennedy/Jenks Consultants, Inc. for professional engineering\nservices for design and construction support for the Alvarado 2nd Extension Pipeline\nproject.\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 53: 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:\nAdopt the following Ordinance which was introduced on 7/25/2023, Item 51 (Council\nvoted 9-0):\n(O-2023-209 Cor. Copy 2)\nOrdinance authorizing the Mayor, or his designee, to enter into an Amended Consent\nDecree, and to approve further amendments, provided the amendment only extend the\ndate for the City to meet its compliance obligations, in the matter of San Diego\nCoastkeeper, et al. v. City of San Diego, U.S. District Court Case No.: 3:18-cv-01757-JM-\nWVG to amend the term and extend the compliance dates for five City facilities under the\nNational Pollutant Discharge Elimination System Industrial General Permit No. 2014-\n0057-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 54: 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:\nAdopt the following Ordinance which was introduced on 7/25/2023, Item 52 (Council\nvoted 9-0):\n(O-2024-1)\nOrdinance authorizing the exemption of an Assistant Deputy Director, a Principal\nAccountant, 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 55: 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:\nAdopt the following Ordinance which was introduced on 7/25/2023, Item 53 (Council\nvoted 9-0):\n(O-2023-148)\nOrdinance authorizing the Mayor, or his designee, to execute the First Amendment to the\nConsulting Agreement with Adam Frank, Inc., extending the Consulting Agreement\nthrough August 31, 2027, in connection with the Presidio Park Public 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

Item 56: 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:\nAdopt the following Ordinance which was introduced on 7/25/2023, Item 60, Subitem-B\n(Council voted 9-0):\n(O-2023-205)\nOrdinance authorizing the mayor or his designee to execute Amendment No. 1 to Contract\nH207152 with Blue Lake Civil for professional engineering services for AC Water And\nSewer Group Job 1033 and related actions.\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 57: Bella Mar Apartments – Project No. 631240\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.\nAdopt the following Ordinances which were introduced on 7/25/2023, Item 333, Subitem-\nC and Subitem-D (Council voted 9-0):\nSubitem-A: (O-2024-4)\nOrdinance changing 14.62-acres located at 408 Hollister Street within the Otay Mesa-\nNestor Community Plan area from the OF-1-1 (Open Space - Floodplain) and AR-1-2\n(Agricultural - Residential) zones to the RM-2-5 (Residential - Multiple-Unit) zone.\nSubitem-B: (O-2024-5)\nOrdinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code\nby amending section 126.0702; and amending Chapter 13, Article 2, Division 4 by\namending section 132.0402 relating to the Coastal Overlay Zone Jurisdiction Area and\nAmending Coastal Development Permit Jurisdiction Map No. C-730-1.\nCommittee Actions Taken: N/A\nDevelopment Services: Martin R. Mendez, (619) 446-5309\nCity Attorney Contact: Lauren Hendrickson

Item 58: First Amendment to the Consulting Agreement with Reigelman LLC for the East\nVillage Green Public Art Project (H166768).\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action appropriates $280,473 from the Public Art Fund, for a total project amount of\n$755,473.\nCouncil District(s) Affected: 3.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 8/1/2023, Item 50 (Council\nvoted 9-0):\n(O-2023-204 Cor. Copy)\nOrdinance authorizing the Mayor, or his designee, to execute the First Amendment to the\nConsulting Agreement with Reigelman, LLC, extending the Agreement through January\n30, 2026 and increasing the Agreement by $280,473 to a total contract amount not-to-\nexceed $755,473, for the East Village Green Phase 1 Public 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 7, 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

Item 59: First Amendment to Cooperative Procurement Contract with Dell Marketing, L.P.\nfor Microsoft Software, Subscriptions, and Services.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action authorizes the City to execute the First Amendment to the Cooperative\nProcurement Contract for Microsoft Software, Subscriptions, and Services with Dell\nMarketing, L.P. to increase the not-to-exceed amount by $18,633,600, and extend the term\nan additional three years, to be funded from the General and Enterprise Funds.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 8/1/2023, Item 51 (Council\nvoted 9-0):\n(O-2024-8)\nOrdinance authorizing the Mayor or his designee to execute, for and on behalf of the\nCity, the First Amendment to the Cooperative Procurement Contract between the City of\nSan Diego and Dell Marketing, L.P., for the acquisition of Microsoft Software,\nSubscriptions and Services, to increase the not-to-exceed amount from $14,032,100 to\n$32,665,700 and to extend the Contract term for an additional three (3) years, effective\nNovember 1, 2023, through October 31, 2026, for a total Contract term of six (6) years.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee meeting on\nJuly 12, 2023.\nACTION: Motion by Vice Chair Moreno, second by Committee Member LaCava, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.\nDepartment of Information Technology: Maureen Medvedyev, (619) 533-4806\nCity Attorney Contact: Steven Lastomirsky

Item 60: An Ordinance Exempting One Program Coordinator Position in the Library\nDepartment from the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe Program Coordinator’s projected annual cost, including salaries and fringe benefits,\nis approximately $175,798. Funds for this expense will be available in the General\nFund. Projected savings in personnel expenditures due to vacancies, will offset the cost of\nthis position.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 8/1/2023, Item 52 (Council\nvoted 9-0):\n(O-2024-2)\nOrdinance authorizing the exemption of a Program Coordinator position in the City's\nLibrary Department from the Classified Service, based on advisory review and favorable\ncomment by the Civil Service Commission on April 7, 2023. This position will serve as\nthe Special Events Coordinator and manage public, private, and internal events at the\nDepartment's special event spaces. This Action is brought under San Diego Charter\nSection 117(a)(17).\nCommittee Actions Taken: N/A\nLibrary: Misty Jones, (619) 236-5870\nCity Attorney Contact: Miguel Merrell

Item 61: City of San Diego Public Right-of-Way Traffic Control Worker Protections.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 8/1/2023, Item 53 (Council\nvoted 9-0):\n(O-2024-7 Cor. Copy)\nOrdinance Amending Chapter 3 of the San Diego Municipal Code by Adding New Article\n10, Division 1, Sections 310.0101, 310.0102, 310.0103, 310.0104, 310.0105, 310.0106,\n310.0107, and 310.0108, relating to the Traffic Control Worker Prevailing Wage\nOrdinance\nCommittee Actions Taken:\nThis item was heard at the Economic Development and Intergovernmental Relations\nCommittee meeting on November 17, 2022.\nACTION: Motion by Chair Campillo, second by Committee Member Campbell, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 3-0; Campillo-yea, Campbell-yea, Montgomery Stepp-yea, Cate-not present.\nCouncil District 7: Michael Simonsen, (619) 236-6765\nCity Attorney Contact: Alison P. Adema

Item 62: Second Amendment to Agreement with Jones & Mayer to Provide Continued Legal\nServices as Panel Outside Counsel.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 8/1/2023, Item S500 (Council\nvoted 9-0):\n(O-2024-9)\nOrdinance authorizing the Second Amendment to the legal services agreement between\nthe City and Jones & Mayer to increase the total amount of time under the contract\nbeyond five years, for a period not to exceed eight years. The increase is necessary to\ncontinue work the Law Firm is performing on behalf of the City, which includes\ndefending the City in the active litigation matter Fukuda et al. v. City of San Diego.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-5800

Item 63: An Ordinance Allowing One Additional 180-Day Extension for Building Permit\nApplications.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no fiscal impacts to the City as a result of this action. The ability to extend\npermit application times will, however, save operational cost time by preventing the\nimpact of additional permit volume on the department, as projects will not expire and\nhave to re-start their permit processes.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 8/1/2023, Item 330 (Council\nvoted 9-0):\n(O-2024-6)\nOrdinance amending Chapter 12, Article 9, Division 2 of the San Diego Municipal Code\nby amending section 129.0211, relating to allowing up to two 180-day extensions for\nbuilding permit applications.\nCommittee Actions Taken: N/A\nDevelopment Services: Kelly Charles, (619) 446-5413\nCity Attorney Contact: Noah Brazier\nADOPTION AGENDA\nCONSENT, RESOLUTIONS TO BE ADOPTED:

Item S500: Settlement of Kekoa Young v. City of San Diego, et al.: SDSC 37-2020-00017371-CU-\nPA-CTL, Claim No. 23099. (Added 9/6/23)\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $2,300,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-52)\nResolution authorizing the settlement of Kekoa Young v. City of San Diego, et al.: SDSC\n37-2020-00017371-CU-PA-CTL, related to a claim for personal injuries sustained on July\n11, 2019, as a result of vehicle accident that occurred on Myrtle Avenue at the intersection\nwith Utah Street. Risk Claim No. 23099.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Rayna Stephan, (619) 533-5818

Item S501: Settlement of Elante Shine v. City of San Diego, et al., United States District Court\nNo. 20cv2036-LAB-DEB, Claim No. 25137. (Added 9/6/23)\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $875,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-46)\nResolution authorizing the settlement of Elante Shine v. City of San Diego, et al., United\nStates District Court No. 20cv2036-LAB-DEB, related to the arrest and use of force on\nPlaintiff Elante Shine on December 14, 2019. Claim No. 25137.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486

Item S502: Settlement of Enrique Rios v. City of San Diego, et al., San Diego Superior Court No.\n37-2021-00006880-CU-PA-CTL, Claim No. 25661. (Added 9/6/23)\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $250,000.00 will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-62)\nResolution authorizing the settlement of Enrique Rios v. City of San Diego, et al., San\nDiego Superior Court Case No. 37-2021-00006880-CU-PA-CTL, related to a claim for\npersonal injuries sustained on August 14, 2020, as a result of a motor vehicle accident at\nthe intersection of Barnes Canyon Road and Lusk Boulevard, Risk Claim No. 25661.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Michelle T. Neff, (619) 533-5834

Item S503: Settlement of James Johnson v. City of San Diego; San Diego Superior Court No. 37-\n2021-0000027982-CU-OE-CTL, Claim No. 26819. (Added 9/6/23)\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $97,975.00 will be paid from Metro Sewer Utility Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-45 Cor. Copy) (Rev. 9/7/23)\nResolution authorizing the settlement of James Johnson v. City of San Diego; San Diego\nSuperior Court No. 37-2021-0000027982-CU-OE-CTL related to the wrongful\ntermination of a Wastewater Treatment Plant Operator with the Public Utilities\nDepartment (PUD) alleging unlawful discrimination and unsafe work conditions. Claim\nNo. 26819.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Paul H. James, (619) 533-5454\nNON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET\nANALYST, CITY CLERK, CITY ATTORNEY\nPROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING)

Item S504: The Gap Minders Day. (Added 9/7/23)\nCOUNCILMEMBER CAMPILLO'S RECOMMENDATION:\nProclaiming September 18, 2023 to be “The Gap Minders Day” in the City of San Diego.\nSPECIAL ORDERS OF BUSINESS\nNone.\nITEMS PULLED FROM CONSENT BY COUNCILMEMBERS\nINFORMATION AND ADOPTION AGENDA ITEMS (10AM SESSION)