San Diego — 2023-09-26

Item 100: Authorization to Execute a Contract with WestAir Gases & Equipment, Inc. (BID\n10089999-23-J) to Purchase Liquid Oxygen for the City’s Water Treatment Plants,\nPublic Utilities Department.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAn amount not-to-exceed $3,625,500, of which $500,000 is estimated to be spent in FY\n2024, and $3,125,500 for all subsequent years, funded by the Water Utility Operating\nFund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-89)\nResolution authorizing the Mayor, or his designee, to enter into an Agreement with\nWestAir Gases & Equipment, Inc., in an amount not-to-exceed $3,625,500, to provide\nliquid oxygen, related to the treatment and disinfection of water at the Alvarado and\nMiramar Water Treatment Plants.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on September 14, 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: Jeff Denham, (619) 527-5411\nCity Attorney Contact: Justin Stanek

Item 101: Reappointment to the Ethics Commission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 4.\nProposed Actions:\n(R-2024-86)\nResolution confirming the Mayor's reappointment of Caridad Sanchez to the Ethics\nCommission for a term ending June 30, 2027.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 102: Appointment to the San Diego City Employees’ Retirement System Board of\nAdministration.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 1.\nProposed Actions:\n(R-2024-79)\nResolution confirming the Mayor's appointment of Elvin Lai to the San Diego City\nEmployees' Retirement System Board of Administration for a term ending March 31,\n2027.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 103: This item has been removed from the Agenda. (Rev. 9/21/23)

Item 104: Appointments to the Human Relations Commission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 4.\nProposed Actions:\n(R-2024-87)\nResolution confirming the Mayor's appointment of Daneyel Walker and Kristin Rizzo to\nthe Human Relations Commission for terms ending July 22, 2027.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 105: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste,\nand Sediment Coming from Tijuana, Mexico.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nProposed Actions:\n(R-2024-21)\nDeclaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and\nSediment Coming from Tijuana, Mexico.\nCommittee Actions Taken: N/A\nCity Attorney Contact: Noah J. Brazier\nNON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET\nANALYST, CITY CLERK, CITY ATTORNEY\nPROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING)

Item 30: San Diego Hunger Awareness Month.\nCOUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM\nMONTGOMERY STEPPE, AND COUNCILMEMBER MORENO'S\nRECOMMENDATION:\nProclaiming September 2023 as “San Diego Hunger Awareness Month” in the City of San\nDiego.

Item 31: Facioscapulohumeral Muscular Dystrophy Month.\nCOUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER CAMPBELL'S\nRECOMMENDATION:\nProclaiming the month of September to be “Facioscapulohumeral Muscular Dystrophy\nMonth” in the City of San Diego.

Item 32: Asian Mid-Autumn Festival Day.\nCOUNCIL PRESIDENT ELO-RIVERA AND COUNCILMEMBER LEE'S\nRECOMMENDATION:\nProclaiming September 30, 2023, to be “Asian Mid-Autumn Festival Day” in the City of\nSan Diego.

Item 33: Clean Air Day.\nCOUNCILMEMBER LACAVA'S RECOMMENDATION:\nProclaiming October 4, 2023, to be “Clean Air Day” in the City of San Diego.

Item 330: Proposed Response to Grand Jury Report: "Governance of San Diego Bay and Its\nTidal Lands and Regions"\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: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-78)\nResolution approving the City Council's response to the 2022-2023 San Diego Grand Jury\nReport titled "Governance of San Diego Bay and Its Tidal Lands and Regions."\nCommittee Actions Taken:\nThis item was heard at the Economic Development & Intergovernmental Relations\nCommittee meeting on September 06, 2023.\nACTION: Motion by Chair Campillo, second by Vice Chair Montgomery Steppe, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.\nOffice of the Independent Budget Analyst: Nicky Bennett, (619) 236-6453\nCity Attorney Contact: Kathy Steinman\nPUBLIC NOTICES\nItems are listed under Public Notices as a matter of public record only. These items do not require Council\naction and there is no public testimony.

Item 34: Archives Month.\nCOUNCILMEMBER VON WILPERT'S RECOMMENDATION:\nProclaiming October 2023, to be “Archives Month” in the City of San Diego.

Item 35: Kevin Sim Day.\nCOUNCILMEMBER CAMPILLO'S RECOMMENDATION:\nProclaiming July 10, 2023, to be “Kevin Sim Day” in the City of San Diego.

Item 350: Ballot Measure Calendar.

Item 50: Exemption of Quality Management Coordinator Position in Fire-Rescue Department\nfrom the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis position is included in the Fire-Rescue Department’s Fiscal Year 2024 Adopted\nBudget.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-17)\nIntroduction of an Ordinance authorizing the exemption of a Quality Management\nCoordinator position in the City's Fire-Rescue Department, based on advisory review and\nfavorable comment by the Civil Service Commission on September 7, 2023. This position\nwill be responsible for overseeing the Quality Assurance/Quality Improvement program\nin the Emergency Services Division. This Action is brought under San Diego Charter\nSection 117(a)(17).\nCommittee Actions Taken: N/A\nFire-Rescue: Colin Stowell, Fire Chief, (619) 533-4401\nCity Attorney Contact: Miguel Merrell

Item 51: Authorize an Extension of Contractual Obligations with Dick Miller Inc for\nConstruction of Maple Canyon Restoration - Phases 1 & 2.\nTotal Estimated Cost of Proposed Action and Funding Source:\nIf the City Council approves the 60-month LTMMA, the total amount of the Contract will\nbe increased by $315,000.00 to a total of $10,080,552.60.\nThe total bid amount of $10,080,552.60, including the $315,000.00 for work under 60-\nmonth LTMMA, has been certified by the Department of Finance, and this amount has\nbeen encumbered in the Contract Purchase Order.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(O-2024-15)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to extend the\ncontractual obligations in Contract K-23-2030-DBB-3 with Dick Miller, Inc. for an\namount not-to-exceed $315,000 to provide habitat restoration services through a 60-\nMonth Long-Term Maintenance and Monitoring Agreement related to the Maple Canyon\nRestoration - Phases 1 and 2 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 July 13, 2023.\nACTION: Motion by Vice Chair LaCava, second by Committee member Montgomery\nSteppe, to recommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.\nEngineering & Capital Projects: Elif Cetin, (619) 533-3794\nCity Attorney Contact: Frank Ahn

Item 52: Request to Exempt One Deputy Director Position in the Office of the City Clerk\nfrom the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see Staff Report.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-18)\nIntroduction of an Ordinance authorizing the exemption of a Deputy Director position in\nthe City's Office of the City Clerk from the Classified Service, based on advisory review\nand favorable comment by the Civil Service Commission on September 7, 2023. This\nposition will be responsible for overseeing the Legislative Services Division. This Action\nis brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nOffice of the City Clerk: Diana Fuentes, (619) 533-4024\nCity Attorney Contact: Miguel Merrell\nADOPTION AGENDA\nCONSENT, ORDINANCES TO BE ADOPTED:

Item 53: Alexandria Science Village - Project No. 647676.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNone with this action. All costs related to processing this project are covered by a deposit\naccount maintained by the applicant.\nCouncil District(s) Affected: 6.\nProposed Actions:\nGeneral Plan Amendment, University Community Plan Amendment, Nexus Technology\nCentre Specific Plan Amendment, Planned Development Permit, and Rezone to demolish\nthree existing scientific research buildings, and construct two new four-story scientific\nresearch and development buildings totaling 369,878 square feet with associated\naccessory uses and a 419,814 square-foot three-level subterranean parking garage with\n938 parking spaces. The project site is proposed to be rezoned from the RS-1-14\n(Residential-Single Unit) Zone to the EMX-2 (Employment Mixed-Use) Zone.\nAmendments to the General Plan, University Community Plan and Nexus Technology\nCentre Specific Plan are proposed to allow additional development intensity rights for the\nproject site and commercial uses to serve the proposed development and surrounding\nuses. The project also proposes to rescind Planned Industrial Development Permit No. 86-\n0459. The 3.97-acre project site is located at 9363, 9373 and 9393 Towne Centre Drive in\nthe University Community Plan area.\nAdopt the following Ordinance which was introduced on 9/11/2023, Item 200, Subitem-D\n(Council voted 8-0, Council President Elo-Rivera-not present):\n(O-2024-11)\nOrdinance changing 3.97 acres located within the University Community Plan area from\nthe RS-1-14 (Residential-Single Unit) zone into the EMX-2 (Employment Mixed-Use)\nzone.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDevelopment Services: Benjamin Hafertepe, (619) 446-5086\nCity Attorney Contact: Lindsey H. Sebastian

Item 54: 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:\nAdopt the following Ordinance which was introduced on 9/12/2023, Item 50 (Council\nvoted 8-0, Council President Elo-Rivera-not present):\n(O-2024-14 Cor.Copy)\nOrdinance authorizing the Mayor, or his designee, to approve the Third Amendment to the\nAgreement with Tablet Command, Inc. for emergency incident management application\nservices.\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 55: 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:\nAdopt the following Ordinance which was introduced on 9/12/2023, Item 51 (Council\nvoted 8-0, Council President Elo-Rivera-not present):\n(O-2024-12)\nOrdinance authorizing the exemption of three Program Coordinator positions in the City's\nDepartment of Information Technology from the Classified Service, based on advisory\nreview and favorable comment by the Civil Service Commission on July 6, 2023. These\npositions will be responsible for managing the Citywide Geographic Information System\n(GIS) licensing, infrastructure, and data editing environments. This Action is brought\nunder 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, RESOLUTIONS TO BE ADOPTED:

Item S500: Sierra Club San Diego 75th Anniversary Day. (Added 9/20/23)\nCOUNCILMEMBER LACAVA'S RECOMMENDATION:\nProclaiming October 1, 2023 to be “Sierra Club San Diego 75th Anniversary Day” in the\nCity of San Diego.

Item S501: PAESAN Day. (Added 9/20/23)\nCOUNCILMEMBER LACAVA'S RECOMMENDATION:\nProclaiming September 27, 2023 to be “PAESAN Day” in the City of San Diego.

Item S502: Freedom to Read Day. (Added 9/20/23)\nCOUNCILMEMBER VON WILPERT'S RECOMMENDATION:\nProclaiming October 2, 2023 to be “Freedom to Read Day” in the City of San Diego.

Item S503: City of San Diego Affordable Housing Fund Fiscal Year 2023 Annual\nReport. (Added 9/20/23)\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: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nThis item is informational only.\nCommittee Actions Taken: N/A\nHousing Commission: Christelle Van Der Windt, (619) 578-7427\nADOPTION AGENDA, DISCUSSION ITEMS\nADOPTION AGENDA\nDISCUSSION, RESOLUTIONS TO BE ADOPTED: