San Diego — 2023-10-31

Item 100: Settlement of Rosa Calva-Garcia v. City of San Diego, et al., United States District\nCourt No. 22cv01478-MMA-SBC. Risk Claim No. 25062.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $325,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-117)\nResolution authorizing the settlement of Rosa Calva-Garcia v. City of San Diego, et al.,\nUnited States District Court No. 22cv01478-MMA-SBC, related to injuries sustained\nduring an arrest for assault with a deadly weapon on May 23, 2020. Risk Claim No.\n25062.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Gary D. Leasure, (619) 533-5883

Item 101: Settlement of Arthur Aragon v. City of San Diego, San Diego Superior Court No. 37-\n2019-00063223-CU-PO-CTL, Claim No. 22308.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $131,250.00 will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-118)\nResolution authorizing the settlement of Arthur Aragon v. City of San Diego, San Diego\nSuperior Court 37-2019-00063223-CU-PO-CT, related to a claim for personal injuries\nsustained on October 27, 2018 as a result of an unsecured handrail on a ramp at the San\nDiego County Credit Union Stadium. Risk Claim No. 22308.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Kelly L. McGeehan, (619) 533-5884

Item 102: Settlement of Felix Gutierrez Perez v. City of San Diego, United States District Court\nNo. 22-cv-0712-BEN-DDL, Claim No. 26195.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $70,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-98)\nResolution authorizing the settlement of Felix Gutierrez Perez v. City of San Diego,\nUnited States District Court No. 22-cv-0712-BEN-DDL, related to a bite by a police K9\non Plaintiff Felix Gutierrez Perez on November 19, 2020. Risk Claim No. 26195.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Blair B. McGregor, (619) 533-5570

Item 103: Appointment to the La Jolla Shores Planned District Advisory Board.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized for this action.\nCouncil District(s) Affected: 1.\nProposed Actions:\n(R-2024-134)\nResolution confirming the Mayor's appointment of Sherri Lightner for a term ending April\n1, 2025, to the La Jolla Shores Planned District Advisory Board.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 104: Appointments and Reappointments to the Small Business 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, 3, 8.\nProposed Actions:\n(R-2024-133)\nResolution confirming the Mayor's appointments of Vallery Belloso, Jenna Hanson, and\nSunny Lee and reappointments of Austin Evans, Sarah Mattinson, Ania Kaminska, and\nNatasha Salgado to the Small Business Advisory Board for terms expiring July 1, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 105: Appointments and Reappointment 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: 5, 6.\nProposed Actions:\n(R-2024-132)\nResolution confirming the Mayor's appointments of Marshall Fields III, Sara Brown and\nthe reappointment of Kathleen Moehlig to the Human Relations Commission for terms\nending July 22, 2026\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 106: Appointments and Reappointments to the Youth Commission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 1, 2, 3, 5, 6, 7, 8, 9.\nProposed Actions:\n(R-2024-142)\nResolution confirming the Mayor's appointments of Sienna Duggan, Maya Isabel Cohen-\nGoncalves, Mohamed Libasse Mbengue, Lara Mertens, Kayla Ruthven, Aidan Yun-Jen\nLin, Isabelle Marie Santos, Emily Wong, and Charlie Nieto and reappointment of Jesus\nMartin Gallegos-Munoz, for terms ending July 1, 2024, to the Youth Commission.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 107: Resolution Excusing Councilmember Stephen Whitburn from the City Council\nMeetings Held on October 9, 2023 and October 10, 2023.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-136 Cor. Copy)\nResolution excusing the absence of Councilmember Stephen Whitburn from the City\nCouncil meetings of October 9 and 10, 2023.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 3: Codi Vierra, (619) 236-6633\nCity Attorney Contact: Kathy Steinman

Item 30: Recognition of the 2023 City of San Diego Employees National University and\nCalifornia Coast Credit Union Scholarship Winners.

Item 31: Ageism Awareness Day.

Item 32: San Diego Legends of Hip Hop Day.

Item 33: IC Rod Laver Junior Challenge Worldwide Finals Week.

Item 330: Appointments to the Ethics Commission.\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:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 2, 3\nProposed Actions:\n(R-2024-131)\nResolution confirming the Mayor's appointment of Deval Zaveri and William Gore to the\nEthics Commission for terms expiring 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 331: Calling a Municipal Primary Election and a Municipal Special Election in the City\nof San Diego to be Held on Tuesday, March 5, 2024 and Consolidating Elections with\nthe California State Presidential Primary Election.\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:\nPlease note that the financial information associated with this item represents the initial\nbudgeted amount of $4,212,979.00 within FY 2024 Citywide Elections Expenditures.\nFinal election costs will be calculated based on the total number of participating\njurisdictions, the number of items placed on the ballot, and may differ from the\ninformation included here.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (O-2024-31)\nIntroduction and adoption of an Ordinance calling a Municipal Primary Election in the\nCity of San Diego on Tuesday, March 5, 2024, and consolidating the Municipal Primary\nElection with the California State Presidential Primary Election to be held on the same\ndate, for the purpose of electing candidates for the office of the Mayor, office of the City\nAttorney, and offices of Council Districts 1, 3, 5, 7, and 9.\nSubitem-A is not subject to the Mayor's veto.\nSubitem-B: (R-2024-138)\nResolution requesting the consolidation of a Municipal Primary Election to be held in the\nCity of San Diego on Tuesday, March 5, 2024, with the California State Presidential\nPrimary Election to be held on the same date.\nSubitem-B is not subject to the Mayor's veto.\nSubitem-C: (O-2024-30)\nIntroduction and adoption of an Ordinance calling a Municipal Special Election in the\nCity of San Diego on Tuesday, March 5, 2024, for the purpose of submitting to the\nqualified voters of the City one or more ballot measures; and consolidating the Municipal\nSpecial Election with the California State Presidential Primary Election to be held on the\nsame date.\nSubitem-C is not subject to the Mayor's veto.\nSubitem-D: (R-2024-139)\nResolution requesting the consolidation of a Municipal Special Election to be held in the\nCity of San Diego on Tuesday, March 5, 2024, with the California State Presidential\nPrimary Election to be held on the same date.\nSubitem-D is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nOffice of the City Clerk: Diana J.S. Fuentes, (619) 533-4080\nCity Attorney Contact: Kathy Steinman

Item 34: Día de los Muertos Day.

Item 35: Domestic Violence Awareness Month.

Item 36: Remembering the 2003 Cedar Fire Day.

Item 37: 24th Annual San Diego Asian Film Festival Week.

Item 50: Approval of the First Amendment to the Master Service Agreement Between the\nCity of San Diego and Zensar Technologies, Inc. for Network Services.\nTotal Estimated Cost of Proposed Action and Funding Source:\nFunding for this contract will come from both General and Non-General Funds. Total\ncost: $159,206,654\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-34)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the First\nAmendment to the Master Services Agreement for Network Services with Zensar\nTechnologies, Inc.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee meeting on\nOctober 18, 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.\nDepartment of Information Technology: Jonathan Behnke, (619) 533-3637\nCity Attorney Contact: Steven Lastomirsky

Item 51: Exempt One (1) Supplemental Program Manager Position in the Parks and\nRecreation Department From the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\n$248,044 annual cost with fringe. Any costs for FY 24 will be covered by salary savings\nin the Parks and Recreation Department in the General Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-29)\nIntroduction of an Ordinance authorizing the exemption of a Program Manager position in\nthe City's Parks and Recreation Department from the Classified Service, based on\nadvisory review and favorable comment by the Civil Service Commission on July 6,\n2023. This position will be responsible for overseeing the Grants and CIP Administration\nSection. This Action is brought under San Diego Charter section 117(a)(17).\nCommittee Actions Taken: N/A\nParks & Recreation: Andy Field, (619) 235-1110\nCity Attorney Contact: Miguel Merrell

Item 52: Pure Water – Owner Controlled Insurance Program – First Amendment to the\nAgreement with AON Risk Insurance Services West, Inc. for the Owner Controlled\nInsurance Program (OCIP) – RFP 10089372-18-V.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total cost of this amendment is $886,772.04, which will bring the total cost for this\nagreement to $1,886,522.04. The total cost estimated to be spent in FY24 is $164,016.71.\n$62,326.35 will come from Metro Sewer Utility Fund, and $101,690.36 will come from\nWater Utility Operating Fund. The remaining four years of the agreement is expected to\nbe $722,755.33 with $274,647.03 from Metro Sewer Utility Fund and $448,108.30 from\nWater Utility Operating Fund.\nCouncil District(s) Affected: 1, 2, 3, 5, 6, 7.\nProposed Actions:\n(O-2024-33)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute\nAmendment No. 1 to the Agreement with AON Risk Insurance Services West, Inc., for the\nOwner Controlled Insurance Program in connection with the Pure Water Phase 1 Program\nfor an amount not-to-exceed $886,772.04, and to extend the term of the Agreement an\nadditional five years.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on October 12, 2023.\nACTION: Motion by Vice Chair von Wilpert, second by Committee Member Campbell,\nto recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-not present.\nPublic Utilities: Andrea Demich, (858) 614-5741\nCity Attorney Contact: Elizabeth Cason

Item 53: 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:\nAdopt the following Ordinance which was introduced on 10/10/2023, Item 50 (Council\nvoted 6-0, Councilmember Whitburn-not present, Councilmember von Wilpert-not\npresent, Councilmember Moreno-not present):\n(O-2024-25)\nOrdinance authorizing the exemption of a Program Manager position in the San Diego\nCity Employees' Retirement System Department from the Classified Service. This\nposition will be responsible for overseeing the Benefits Administration Section. This\nAction 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 54: 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:\nAdopt the following Ordinance which was introduced on 10/10/2023, Item 51 (Council\nvoted 6-0, Councilmember Whitburn-not present, Councilmember von Wilpert-not\npresent, Councilmember Moreno-not present):\n(O-2024-26)\nOrdinance amending Chapter 6, Article 4, Division 5, of the San Diego Municipal Code\nby adding new Section 64.0521, relating to an electronic transaction and reporting system\nfor 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

Item 55: First Amendment to Agreement with Hugo Parker, LLP to Provide Continuing Legal\nServices for Cadena v. City of San Diego.\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:\nAdopt the following Ordinance which was introduced on 10/10/2023, Item 330 (Council\nvoted 6-0, Councilmember Whitburn-not present, Councilmember von Wilpert-not\npresent, Councilmember Moreno-not present):\n(O-2024-23)\nOrdinance authorizing the First Amendment to the legal services agreement between the\nCity and Hugo Parker, LLP to increase the total amount of time under the contract beyond\nfour years, for a period not to exceed six years and to increase the total not-to-exceed\namount to $500,000.00 from $300,000.00. The increase is necessary to continue work the\nLaw Firm is performing on behalf of the City, which includes defending the City in the\nactive litigation matter Cadena 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: Jim McNeill, (619) 236-7722\nCity Attorney Contact: Shawn Robinson

Item 56: Request to Exempt One Program Coordinator Position in the Human Resources\nDepartment from the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nGrant funds of $50,000 will be used to partially offset costs of one (1) full-time employee\n(FTE) in the City of San Diego Human Resources Department to serve as internal and\nexternal liaison to San Diego's military and Veteran communities.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/17/2023, Item 50 (Council\nvoted 7-0, Councilmember Campillo-not present, Councilmember Moreno-not present):\n(O-2024-28)\nOrdinance authorizing the exemption of a Program Coordinator position in the City’s\nHuman Resources Department from the Classified Service, based on advisory review and\nfavorable comment by the Civil Service Commission on June 1, 2023. This position will\nbe responsible for overseeing the City's Veteran Engagement Program. This Action is\nbrought under San Diego Charter section 117(a)(17).\nCommittee Actions Taken: N/A\nHuman Resources: Jon Terwilliger, (619) 235-5715\nCity Attorney Contact: Miguel Merrell

Item 57: Approval of NEOGOV Contract Extension to August 2024.\nTotal Estimated Cost of Proposed Action and Funding Source:\nTotal service cost from 8/19/2023-8/18/2024 will be $118,510.15.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/17/2023, Item 51 (Council\nvoted 7-0, Councilmember Campillo-not present, Councilmember Moreno-not present):\n(O-2024-20)\nOrdinance approving the extension of an employee recruitment and applicant tracking\ncontract with NEOGOV.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee on September\n13, 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.\nPersonnel: Christia Davis, (619) 236-6665\nCity Attorney Contact: Thomas J. Brady

Item S500: Earl B. Gilliam Bar Foundation Day. (Added 10/25/23)