San Diego — 2023-10-10

Item 100: First Amendment to Contract Between City of San Diego and Janus Corporation to\nProvide As-Needed Lead, Asbestos and Mold Abatement Services.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis amendment will increase the not to exceed amount of the original as-needed\nagreement by $1,503,875, bringing the total contract value to $4,500,000 for the\nremaining 2 years of the contract. Expenditure of funds for as-need services is contingent\nupon sufficient funding being available in each participating City department’s budget\neach fiscal year. Approximately, $1,476,712.00 of this contract increase will be funded\nby the Public Utilities Department’s Water Operating Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2024-100)\nResolution determining that the First Amendment to the Agreement with Janus\nCorporation for As-Needed Asbestos, Lead and Mold Abatement Services is categorically\nexempt from the California Environmental Quality Act pursuant to CEQA Guidelines\nsection 15301.\nSubitem-B: (R-2024-101)\nResolution authorizing execution of the First Amendment to the Agreement with Janus\nCorporation for As-Needed Asbestos, Lead and Mold Abatement Services in an amount\nnot-to-exceed $4,500,000 and related actions.\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, Campbillo-yea.\nEnvironmental Services: Renee Robertson, (858) 573-1275\nCity Attorney Contact: Jeanne MacKinnon

Item 101: Authorize the Use of City Forces for Four (4) Corrugated Metal Pipe (CMP) Repair\nProjects and Authorize the Addition of One (1) Preliminary Engineering Project and\nOne (1) Standalone Project to the Capital Improvement Program (CIP).\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see staff report.\nCouncil District(s) Affected: 3, 4, 7.\nProposed Actions:\nSubitem-A: (R-2024-82 Cor. Copy) (Rev. 10/5/23)\nResolution determining that the addition of one standalone project to the Capital\nImprovements Program and authorizing funding of preliminary design and planning\nactivities is exempt from the California Environmental Quality Act pursuant to CEQA\nGuidelines section 15262.\nSubitem-B: (R-2024-81)\nResolution authorizing the use of City forces to complete four in-house projects for\nrepairs of corrugated metal stormwater pipes and expenditure of Capital Improvements\nProgram budget funds for City force work related expenses.\nSubitem-C: (R-2024-83 Cor. Copy) (Rev. 10/5/23)\nResolution authorizing the addition of one standalone project to the Capital Improvements\nProgram, an increase to the CIP Budget in CIP S-24008 SD East of Rachael Ave SWD,\nand appropriation and expenditure from Funds 400881 and 400884.\nSubitem-D: (R-2024-84 Cor. Copy) (Rev. 10/5/23)\nResolution authorizing the addition of a preliminary engineering capital improvement\nproject to the Capital Improvements Program, an increase to the CIP Budget in CIP P-\n24010 Stormwater CIP Program Management, and transfer of $8,500,000 from Fund\n400884, General Fund WIFIA Loan-Construction.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non September 13, 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.\nStormwater Department: Sumer Hasenin, (858) 541-4336\nCity Attorney Contact: Jeanne MacKinnon

Item 102: Appointment and Reappointments to the Airports Advisory 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, 2 , 7.\nProposed Actions:\n(R-2024-129 Cor. Copy) (Rev. 10/4/23)\nResolution confirming the Mayor's appointment of Dr. Donald Chick for a term ending\nFebruary 28, 2026, and reappointments of David Reed Gordon for a term ending February\n28, 2027, Ron Lee for a term ending February 28, 2026, and Thomas Reid for a term\nending February 28, 2025, to the Airports Advisory Committee.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman\nNON-AGENDA COMMUNICATIONS FROM MAYOR, COUNCIL, INDEPENDENT BUDGET\nANALYST, CITY CLERK, CITY ATTORNEY\nPROCLAMATIONS/CEREMONIAL ITEMS (NOT PRESENTED AT THE MEETING)

Item 30: Kiwanis Club of Tierrasanta 32nd Annual Oktoberfest Day.\nCOUNCILMEMBER CAMPILLO'S RECOMMENDATION:\nProclaiming October 14, 2023 to be “Kiwanis Club of Tierrasanta 32nd Annual\nOktoberfest Day” in the City of San Diego.

Item 330: First Amendment to Agreement with Hugo Parker, LLP to Provide Continuing Legal\nServices for Cadena v. City of San Diego.\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:\nTotal contract amount not-to-exceed $500,000.00. For Fiscal Year 2024, an estimated\namount of $100,000.00 will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-23)\nIntroduction of an Ordinance authorizing the First Amendment to the legal services\nagreement between the City and Hugo Parker, LLP to increase the total amount of time\nunder the contract beyond four years, for a period not to exceed six years and to increase\nthe total not-to-exceed amount to $500,000.00 from $300,000.00. The increase is\nnecessary to continue work the Law Firm is performing on behalf of the City, which\nincludes defending the City in the active litigation matter Cadena et al. v. City of San\nDiego.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jim McNeill, (619) 236-7722\nCity Attorney Contact: Shawn Robinson

Item 331: Tax Equity and Fiscal Responsibility Act (TEFRA) Resolution for Harrington\nHeights, Formerly Known as 13th & Broadway.\nNote: For the purposes of this item, a federally mandated toll-free number is\navailable for members of the public to offer public comments. The toll-free number\nis 833-568-8864; Meeting ID 160 098 2353.\nThis toll-free number is in addition to the customary public comment phone number\nthat is available to the public during every item. It does not replace that number.\nBoth of these numbers will be available for the public to utilize during the public\ncomment period for this item.\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 proposed funding sources and uses approved by this action are included in the\nHousing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(R-2024-109)\nResolution approving the issuance of multifamily housing revenue bonds or notes by the\nHousing Authority for Harrington Heights, formerly known as 13th & Broadway,\npursuant to section 147(f) of the Internal Revenue Code of 1986.\nCommittee Actions Taken: N/A\nHousing Commission: Jennifer Kreutter, (619) 578-7709\nCity Attorney Contact: Marguerite Middaugh\nSee the Housing Authority Agenda of October 10, 2023, for a companion item.\nThis is a TEFRA hearing item.

Item 332: Tax Equity and Fiscal Responsibility Act (TEFRA) Resolution for Iris at San Ysidro\nApartments.\nNote: For the purposes of this item, a federally mandated toll-free number is\navailable for members of the public to offer public comments. The toll-free number\nis 833-568-8864; Meeting ID 160 098 2353.\nThis toll-free number is in addition to the customary public comment phone number\nthat is available to the public during every item. It does not replace that number.\nBoth of these numbers will be available for the public to utilize during the public\ncomment period for this item.\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 proposed funding sources and uses approved by this action are included in the\nHousing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.\nCouncil District(s) Affected: 8.\nProposed Actions:\n(R-2024-107)\nResolution approving the issuance of multifamily housing revenue bonds or notes by the\nHousing Authority for Iris at San Ysidro Apartments pursuant to section 147(f) of the\nInternal Revenue Code of 1986.\nCommittee Actions Taken: N/A\nHousing Commission: Jennifer Kreutter, (619) 578-7709\nCity Attorney Contact: Marguerite Middaugh\nSee the Housing Authority Agenda of October 10, 2023, for a companion item.\nThis is a TEFRA hearing item.

Item 333: Tax Equity and Fiscal Responsibility Act (TEFRA) Resolution for SkyLINE\nApartments.\nNote: For the purposes of this item, a federally mandated toll-free number is\navailable for members of the public to offer public comments. The toll-free number\nis 833-568-8864; Meeting ID 160 098 2353.\nThis toll-free number is in addition to the customary public comment phone number\nthat is available to the public during every item. It does not replace that number.\nBoth of these numbers will be available for the public to utilize during the public\ncomment period for this item.\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 proposed funding sources and uses approved by this action are included in the\nHousing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.\nCouncil District(s) Affected: 5.\nProposed Actions:\n(R-2024-108)\nResolution approving the issuance of multifamily housing revenue bonds or notes by the\nHousing Authority for SkyLINE Apartments, formerly known as Rancho Bernardo Transit\nVillage, pursuant to section 147(f) of the Internal Revenue Code of 1986.\nCommittee Actions Taken: N/A\nHousing Commission: Jennifer Kreutter, (619) 578-7709\nCity Attorney Contact: Marguerite Middaugh\nSee the Housing Authority Agenda of October 10, 2023, for a companion item.\nThis is a TEFRA hearing item.\nNON-AGENDA ITEMS

Item 50: Exemption of Program Manager Position in SDCERS from the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe funding for this position is included with the SDCERS budget.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-25)\nIntroduction of an Ordinance authorizing the exemption of a Program Manager position in\nthe San Diego City Employees' Retirement System Department from the Classified\nService. This position will be responsible for overseeing the Benefits Administration\nSection. This Action is brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nSDCERS: Colin Brazile, (619) 525-3630\nCity Attorney Contact: Miguel Merrell

Item 51: Amendment to the Municipal Code to Allow Industrial Wastewater Control\nProgram to Accept an Electronic Signature for Regulatory Submittals.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNo Funding.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-26)\nIntroduction of an Ordinance amending Chapter 6, Article 4, Division 5, of the San Diego\nMunicipal Code by adding new Section 64.0521, relating to an electronic transaction and\nreporting system for the Industrial Wastewater Control Program.\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: Joy Newman, (858) 654-4106\nCity Attorney Contact: Justin Stanek\nADOPTION AGENDA\nCONSENT, ORDINANCES TO BE ADOPTED:

Item 52: 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:\nAdopt the following Ordinance which was introduced on 9/26/2023, Item 50, (Council\nvoted 9-0):\n(O-2024-17)\nOrdinance authorizing the exemption of a Quality Management Coordinator position in\nthe City's Fire-Rescue Department, based on advisory review and favorable comment by\nthe Civil Service Commission on September 7, 2023. This position will be responsible for\noverseeing the Quality Assurance/Quality Improvement program in the Emergency\nServices Division. This Action is brought under San Diego Charter Section 117(a)(17).\nCommittee Actions Taken: N/A\nFire-Rescue: Colin Stowell, Fire Chief, (619) 533-4401\nCity Attorney Contact: Miguel Merrell

Item 53: 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:\nAdopt the following Ordinance which was introduced on 9/26/2023, Item 51, (Council\nvoted 9-0):\n(O-2024-15 Cor. Copy)\nOrdinance authorizing the Mayor, or his designee, to extend the contractual obligations in\nContract K-23-2030-DBB-3 with Dick Miller, Inc. for an amount not to exceed $315,000\nto provide habitat restoration services through a 60-Month Long-Term Maintenance and\nMonitoring Agreement related to the Maple Canyon Restoration - 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 54: 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:\nAdopt the following Ordinance which was introduced on 9/26/2023, Item 52, (Council\nvoted 9-0):\n(O-2024-18)\nOrdinance authorizing the exemption of a Deputy Director position in the City's Office of\nthe City Clerk from the Classified Service, based on advisory review and favorable\ncomment by the Civil Service Commission on September 7, 2023. This position will be\nresponsible for overseeing the Legislative Services Division. This Action is brought under\nSan 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, RESOLUTIONS TO BE ADOPTED:

Item S500: Filipino American History Month. (Added 10/4/23)\nMAYOR GLORIA, COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE,\nCOUNCILMEMBER LEE, AND COUNCILMEMBER MORENO'S\nRECOMMENDATION:\nProclaiming October 2023 to be “Filipino American History Month” in the City of San\nDiego.

Item S501: Barb Chodos Day. (Added 10/4/23)\nCOUNCILMEMBER VON WILPERT'S RECOMMENDATION:\nProclaiming October 12, 2023 to be "Barb Chodos 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)