San Diego — 2023-11-14

Item 700: Extension of the Multiple Award Construction Contract (MACC) for Water,\nWastewater, and Stormwater Pipeline Projects (K-17-1518-MAC-3) for an\nAdditional 15 Months and the Extension of Three (3) Tasks.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAuthorize to extend contract duration of the Multiple Award Construction Contract for\nWater, Wastewater, and Stormwater Pipeline Projects (K-20-1865-MAC-3) for an\nadditional 15 months with TC with zero cost.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-38)\nIntroduction of an Ordinance authorizing the obligations of the Multiple Award\nConstruction Contract for Water, Wastewater, and Stormwater Pipeline Projects (K-17-\n1518-MAC-3) with TC Construction to extend beyond five years for an additional 15\nmonths to allow for completion of three task orders.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non October 20, 2023 .\nACTION: Motion by Committee Member Montgomery Steppe, second by Committee\nMember von Wilpert, 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: Michael Ramirez, (619) 533-4111\nCity Attorney Contact: Melissa Ables

Item 701: Authorization to Execute the First Amendment to the NextRequest Service\nAgreement with NextRequest for Continuation of Public Records Portal Services.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total cost of this Amendment is $66,933.50 and will be funded by the General Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/30/2023, Item 201 (Council\nvoted 8-0, Councilmember Campillo-not present):\n(O-2024-27)\nOrdinance authorizing the Mayor, or his designee, to execute Amendment No. One to the\nNextRequest Service Agreement with NextRequest Co., extending the five-year term to\nDecember 31, 2024, and increasing the not-to-exceed amount by $66,933.50 for\ncontinuation of the City’s online public records request portal services including the\nannual license, software as a service, fully hosted, maintained, and cloud-based services,\nbringing the total Agreement amount to a not-to-exceed of $293,446.50, and related\nfunding actions.\n6 votes required pursuant to San Diego Charter Section 99.\nCommittee Actions Taken: N/A\nCommunications: Angela Laurita, (619) 533-6507\nCity Attorney Contact: Markecia Simmons

Item 702: 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:\nAdopt the following Ordinance which was introduced on 10/31/2023, Item 50 (Council\nvoted 8-0, Councilmember Campillo-not present):\n(O-2024-34)\nOrdinance authorizing the Mayor, or his designee, to execute the First Amendment to the\nMaster Services Agreement for Network Services with Zensar Technologies, 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 703: 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:\nAdopt the following Ordinance which was introduced on 10/31/2023, Item 51 (Council\nvoted 8-0, Councilmember Campillo-not present):\n(O-2024-29)\nOrdinance authorizing the exemption of a Program Manager position in the City's Parks\nand Recreation Department from the Classified Service, based on advisory review and\nfavorable comment by the Civil Service Commission on July 6, 2023. This position will\nbe responsible for overseeing the Grants and CIP Administration Section. This Action is\nbrought 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 704: 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:\nAdopt the following Ordinance which was introduced on 10/31/2023, Item 52 (Council\nvoted 8-0, Councilmember Campillo-not present):\n(O-2024-33)\nOrdinance authorizing the Mayor, or his designee, to execute Amendment No. 1 to the\nAgreement with AON Risk Insurance Services West, Inc., for the Owner Controlled\nInsurance Program in connection with the Pure Water Phase 1 Program for an amount not-\nto-exceed $886,772.04, and to extend the term of the Agreement an additional five years.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: This item was heard at the Environment Committee meeting\non October 12, 2023.\nACTION: Motion by Committee 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 705: Bridge Rehab, Safety, and Mobility Project at Palm Avenue/I-805 Interchange\n(S00869) Bridge Investment Program in an Amount of $24,000,000.\nTotal Estimated Cost of Proposed Action and Funding Source:\nBridge Investment Program in an Amount of $24,000,000 within fund 600000, Grant\nFund Federal. This grant award requires a 20% local match. The match will come from\nfund 400174, RTCIP.\nCouncil District(s) Affected: 8.\nProposed Actions:\nSubitem-A: (R-2024-176)\nResolution stating for the record that the City Council has reviewed and considered the\nFinal Initial Study with Mitigated Negative Declaration for the Interstate 805/Palm\nAvenue Interchange Improvements Project (SCH No. 2018101025) adopted by the\nCalifornia Department of Transportation on November 13, 2019; and adopting the\nMitigation, Monitoring, and Reporting Program for the Project.\nSubitem-B: (R-2024-175)\nResolution authorizing the Mayor, or designee, to make applications to the Federal\nHighway Administration and take all necessary actions to secure funding in an amount\nnot-to-exceed $24 million in Fund CIP S-00869, Palm Ave/ I-805 Interchange, for the\nInterstate 805/Palm Avenue Interchange Improvements Project; and\nAuthorizing the Chief Financial Officer to increase the Fiscal Year 2024 Capital\nImprovement Program Budget (CIP S-00869, Palm Ave/ I-805 Interchange), to accept,\nappropriate and expend an amount not-to-exceed $24 million, for the purpose of\nsupporting the construction phase of the project, contingent upon receipt of a fully\nexecuted Grant Agreement if the Grant funding is secured; and\nAuthorizing the Chief Financial Officer to increase the Fiscal Year 2024 Capital\nImprovement Program Budget (CIP S-00869, Palm Ave/ I-805 Interchange), to\nappropriate and expend a required grant match amount not to exceed $6,000,000 within\nFund 400174, RTCIP.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee\nCommittee meeting on October 20, 2023 .\nACTION: Motion by Chair LaCava, second by Chair Lee, to recommend Council\napproval of staff's proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.\nTransportation Department: Julio Canizal, (619) 235-5717\nCity Attorney Contact: Ryan P. Gerrity

Item 706: Settlement of Tanner M. Jones v. City of San Diego, et al. San Diego Superior Court\n37-2021-00006326-CU-PA-CTL, Claim No. 26181\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $150,000.00 will be paid from Public Liability Fund .\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-135)\nResolution authorizing the settlement of Tanner M. Jones v. City of San Diego, et al., San\nDiego Superior Court Case No. 37-2021-00006326-CU-PA-CTL, related to a claim for\npersonal injuries sustained on July 1, 2020 as a result of an automobile accident at the\nintersection of Murray Ridge Road and Larkdale Avenue in the City of San Diego. Risk\nClaim No. 26181.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Kelly L. McGeehan, (619) 533-5884

Item 707: Settlement of Hannah Rexroth v. City of San Diego San Diego Superior Court Case\nNo. 37-2021-00013294-CU-PA-CTL, Claim No. 25970.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $173,675.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-155)\nResolution authorizing the settlement of Hannah Rexroth v. City of San Diego, San Diego\nSuperior Court 37-2021-00013294-CU-PA-CTL, related to a claim for personal injuries\nsustained on September 24, 2020. as a result of an automobile v. pedestrian accident at the\nintersection of Cordova Street and Carmelo Street in Point Loma. Risk Claim No. 25970.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Laura K. Gantney, (619) 235-5884

Item 708: Settlement of Harry Cornell Beans, III v. City of San Diego San Diego Superior\nCourt No. 37-2022-00025031-CU-PA-CTL, Claim No. 27652\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe settlement amount of $146,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-143)\nResolution authorizing the settlement of Harry Cornell Beans, III v. City of San Diego,\nSan Diego Superior Court No. 37-2022-00025031-CU-PA-CTL, related to a claim for\npersonal injuries sustained on July 15, 2021 as a result of a trip and fall on an uneven\nportion of the sidewalk on Olivet Street in the City of La Jolla.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Orlando Palizzolo, (619) 533-5861

Item 709: Settlement of Juli Hughes v. City of San Diego San Diego Superior Court No. 37-\n2021-00018706-CU-PO-CTL, Claim No. 25707.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $150,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-146)\nResolution authorizing the settlement of Juli Hughes v. City of San Diego; San Diego\nSuperior Court No. 37-2021-00018706-CU-PO-CT, related to claim of personal injury\narising from a trip and fall in a cracked crosswalk at the intersection of University Avenue\nand Highland Avenue in the City of San Diego that occurred on March 7, 2020. Risk\nClaim No. 25707\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Michelle T. Neff, (619) 533-5834\nCity Attorney Contact: Michelle T. Neff

Item 710: Resolution Excusing Councilmember von Wilpert 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-2024-145 Cor. Copy)\nResolution excusing the absence of Councilmember Marni von Wilpert from City Council\nand Committee meetings.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 5: Quinton Grounds, (619) 235-5297\nCity Attorney Contact: Jose A. Garcia

Item 711: 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-2024-22)\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

Item 712: United Against Hate Week.

Item 713: Homeless Street Outreach Worker Appreciation Day.

Item 714: Positive Movement Foundation Day.

Item 715: National Immigrants Day. (Amending Proclamation adopted on 10/17/2023)

Item 716: National Apprenticeship Week.

Item 717: Eileen Kaufman Day.

Item 718: OpSam Health 50th Anniversary Day.

Item 719: Accept and Expend Active Transportation Program (ATP Cycle 6) Grant Funding\nfor the Accessibility Safety Plan for Individuals with Disabilities in Disadvantaged\nCommunities.\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 $1,238,540 of grant funds from the California Department of Transportation. The\nrequired City grant match of $262,000 from the General Fund is included in the Fiscal\nYear 2024 Budget.\nCouncil District(s) Affected: 3, 4, 8, 9.\nProposed Actions:\nSubitem-A: (R-2024-178)\nResolution determining that accepting, appropriating and expending grant funding for the\nAccessibility Safety Plan for Individuals with Disabilities in Disadvantaged Communities\nis exempt from the California Environmental Quality Act Pursuant to Section 15060(c)(2)\nof the CEQA Guidelines.\nSubitem-B: (R-2024-177)\nResolution authorizing the Mayor, or his designee, to accept, appropriate and expend\ngrant funding from Department of Transportation and take all necessary actions to secure\nfunding in an amount not-to-exceed $1,238,540.00, for the Accessibility Safety Plan for\nIndividuals with Disabilities in Disadvantaged Communities and related actions.\nCommittee Actions Taken: N/A\nSustainability and Mobility: Thyme Curtis, (619) 236-5985\nCity Attorney Contact: Dominic Guglielmo

Item 720: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to\nProvide Continued Legal Services as Panel Outside Counsel.\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:\nThe proposed Second Amendment to the LSA is an increase of $250,000, for a contract\ntotal amount not-to-exceed $750,000. Funding will come from Municipal Sewer for time\nspent on Allred, or from Water Fund for time spent on Patz.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-35 Cor. Copy) (Rev. 11/9/23)\nIntroduction of an Ordinance authorizing the Second Amendment to the legal services\nagreement between the City and Colantuono, Highsmith & Whatley, PC to increase the\ntotal not-to-exceed amount to $750,000 from $500,000. The $250,000 increase is\nnecessary to continue work the Law Firm is currently performing on behalf of the City,\nwhich includes defending the City in the active litigation matter Allred v. City of San\nDiego, a Proposition 218 case challenging the City’s fee structure for the Industrial\nWastewater Control Program. The firm will also assist the City in defending the lawsuit\nPatz v. City of San Diego, a case challenging the City’s tiered rate structure for water\nrates.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-5800

Item 721: Informational Update: Community Action Plan on Homelessness for the City of San\nDiego.\nThis item will be considered in the afternoon session which is scheduled to begin at\n1:00 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: Lisa Jones, (619) 578-7696

Item 722: Agreement with Ubicquia, Inc. for Smart Streetlight and Automated License Plate\nRecognition Technology.\nThis item will be considered in the afternoon session which is scheduled to begin at\n1:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nEstimated cost is $3,612,500 for Fiscal Year 2024 and not-to-exceed $11,662,500, over\nthe (5) five-year term of the agreement from the Police Department's General Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2024-190)\nResolution determining that the Agreement with Ubicquia, Inc. for installation and\noperation of Smart Streetlight and Automated License Plate Recognition Technologies is\ncategorically exempt from the California Environmental Quality Act pursuant to Sections\n15301 and 15302(c) of the CEQA Guidelines\nSubitem-B: (R-2024-189)\nResolution authorizing the Mayor, or his designee, to enter into an Agreement with\nUbicquia, Inc. in an amount not-to-exceed $11,662,500 over the five-year term of the\nAgreement, for the installation and operation of Smart Streetlight and Automated License\nPlate Recognition Technologies.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on October 6, 2023.\nACTION: Motion by Chair von Wilpert, second by Committee Member Campillo, to\nforward staff's proposed actions to full Council without recommendation.\nVOTE: 3-0; von Wilpert-yea, Campbell-yea, Campillo-yea, Montgomery Steppe-not\npresent.\nPolice: Acting Captain Charles Lara, (619) 531-2949\nCity Attorney Contact: Michelle Garland

Item 723: Barrio Logan Community Plan and Local Coastal Program – California Coastal\nCommission Modifications\nThis item will be considered in the afternoon session which is scheduled to begin at\n1:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no expenditures being authorized with this action.\nCouncil District(s) Affected: 8.\nProposed Actions:\nThe proposed project is to adopt an amendment to the Barrio Logan Community Plan\nUpdate and Local Coastal Program that includes the California Coastal Commission's\nrequested modifications (Project).\n(R-2024-159)\nResolution approving an Amendment to the General Plan and the Barrio Logan\nCommunity Plan and the Local Coastal Program for the Project, approving the California\nCoastal Commission's suggested modifications.\nCommittee Actions Taken: N/A\nPlanning: Victoria Ortiz, (619) 533-6091\nCity Attorney Contact: Shannon Eckmeyer

Item 724: Torrey Pines U-STOR-IT Project Appeal - Project No. 697502.\nThis item will be considered in the afternoon session which is scheduled to begin at\n1:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAll costs associated with the processing of this project are paid from a deposit account\nfunded by the applicant.\nCouncil District(s) Affected: 1.\nProposed Actions:\nAppeal of the Development Services Department’s decision to approve the Torrey Pines\nU-STOR-IT project granting a Coastal Development Permit, Neighborhood Development\nPermit, and Public Service Easement (Drainage) Vacation to demolish a vacant two-story,\n17,040-square-foot building and construct a new three-story, 166,313-square-foot self-\nstorage building which includes two basement levels, self-storage spaces, parking garage\n(level two), a management office (level two), and associated site improvements. The 1.46-\nacre site is located at 11391 Sorrento Valley Road in the IL-3-1 (Industrial-Light) Zone\nwithin the Torrey Pines Community Plan area.\nAccording to San Diego Municipal Code Section 112.0508(f), Power to Act on Appeal,\nthe City Council may:\n(1) Affirm the Development Services Department’s decision to grant the permits and\nEasement Vacation;\n(2) Affirm the Development Services Department’s decision to grant the permits and\nEasement Vacation with modifications; or\n(3) Reverse the Development Services Department’s decision to grant the permits and\nEasement Vacation.\nDirecting the City Attorney to prepare the appropriate Resolutions according to Section\n40 of the City Charter.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDevelopment Services: Ollie Shepherd, (619) 446-5412\nCity Attorney Contact: Lindsey Sebastian

Item 725: Approval of the Final Map “Lisbon Vista Heights”\nNotice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting\nthat certain final map entitled “Lisbon Vista Heights" (T.M. No. 2225121, PTS No. 694284) located at 7106-7115\nLisbon Street, in the RS-1-7 zone, within the Skyline-Paradise Hills Community Plan Area, Council District 4, a copy of\nwhich is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has\ncaused the map to be examined and has made the following findings: (1) The map substantially conforms to the\napproved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative\nmap. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the\ntime of approval of the tentative map. (3) The map is technically correct. Said map will be finalized and recorded unless\na valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the\nabove findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than\n2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made\nby the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map\napproval findings or need additional information about the map or your appeal rights, please feel free to contact Greg\nJeffries (619) 446-5132.

Item 726: Ballot Measure Calendar.

Item 727: Ballot Propositions Forwarded for 2nd Committee Review.

Item 728: Public Notice Examination of Ballot Materials – March 5, 2024 Primary.

Item 729: National Recycling Month. (Added 11/9/23)