San Diego — 2024-02-13

Item 100: Authorization to Execute a Contract with Univar Solutions USA Inc. (ITB\n10090095-24-F) to Purchase Caustic Soda (50% Solution) for the City’s Water\nTreatment Plants and Wastewater Facilities, Public Utilities Department.\nTotal Estimated Cost of Proposed Action and Funding Source:\nTotal contract amount not-to-exceed $10,436,788. Funds are, or will be, available in the\nfollowing funds: Water Utility Operating Fund; Muni Fund; and Metro Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-299)\nResolution authorizing the mayor, or his designee, to enter into an Agreement with Univar\nSolutions USA, Inc., in an amount not-to-exceed $10,436,788, to provide caustic soda,\nrelated to the operation of water and wastewater treatment plants.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on January 18, 2024.\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.\nPublic Utilities: Jeff Denham, (619) 527-5411\nCity Attorney Contact: Justin Stanek

Item 101: Award a Sole-Source Consultant Agreement (H2426358) with PSOMAS for the\nPurpose of Providing Design and Construction Consulting Services for Tecolote\nCanyon Trunk Sewer Improvement and Golf Course Water Connection.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe cost of this agreement is not-to-exceed $454,030.00, of which, $444,949.40 is funded\nby sewer funds and $9,080.60 is funded by water funds.\nCouncil District(s) Affected: 2, 6, 7.\nProposed Actions:\n(R-2024-339)\nResolution authorizing the award and execution of a sole source consultant agreement\n(H2426358) with PSOMAS for the purpose of providing design and construction\nengineering services for the Tecolote Canyon Trunk Sewer Improvements and Golf\nCourse Water Connection project, and taking related actions.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non January 24, 2024.\nACTION: Motion by Committee Member Lee, second by Vice Chair LaCava, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Whitburn-yea, LaCava-yea, von Wilpert-yea, Lee-yea.\nEngineering & Capital Projects: Catherine Dungca, (619) 533-3778\nCity Attorney Contact: Adam Wander

Item 102: Authorize the Award and Execution of Slurry Seal Groups 2425 and 2426 to be\nFunded by Remaining FY24 RMRA Funds.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action will authorize the use of $1,100,000 from the TransNet Fund, and $2,900,000\nfrom the Road Maintenance & Rehabilitation Fund, to fund Slurry Seal Group 2425. It\nwill also authorize the use of $4,000,000 from the Road Maintenance & Rehabilitation\nFund, to fund Slurry Seal Group 2426\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2024-311)\nResolution determining that approving the award and execution of two contracts for\nSlurry Seal Groups 2425 and 2426 is exempt from the California Environmental Quality\nAct under Section 15301(c) of the CEQA Guidelines.\nSubitem-B: (R-2024-312)\nResolution authorizing the Mayor or designee to award and execute two contracts for\nSlurry Seal Groups 2425 and 2426 using Road Maintenance and Rehabilitation Account\n(RMRA) and TransNet funding in an amount not-to-exceed $4 million for each contract.\nCommittee Actions Taken: N/A\nTransportation Department: Patrick Hadley, (619) 527-7504\nCity Attorney Contact: Ryan P. Gerrity

Item 103: Purchase of Bell 412EPX Fire/Rescue Helicopter.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see "Fiscal Considerations" in the Staff Report.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-340)\nResolution authorizing the Mayor, or his designee, to execute an agreement between the\nCity of San Diego and Bell Textron Inc. to purchase one Bell 412EPX fire/rescue\nhelicopter.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on January 17, 2024.\nACTION: Motion by Chair von Wilpert, second by Vice Chair Campillo, to recommend\nCouncil approval of staff's proposed actions.\nVOTE: 4-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-yea.\nFire-Rescue: David Gerboth, Assistant Fire Chief, (619) 533-4401\nCity Attorney Contact: Daniel Orloff

Item 104: Council Authorization to Convey a Parking Easement to Ronald Drobeck Over a\nPortion of City-Owned Property (Assessor’s Parcel Number 551-080-35) Pursuant to\na Settlement Agreement Between the City and Ronald Drobeck, Related to the City\nof San Diego’s 43rd and National Street Realignment Project in San Diego, CA\n92113.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe $3,500 monetary compensation to be paid to Mr. Drobeck pursuant to the already\napproved settlement agreement, will be paid by Risk Management.\nCouncil District(s) Affected: 4.\nProposed Actions:\nSubitem-A: (R-2024-296)\nResolution determining that the City's grant to Ronald Drobeck of a parking easement on\nCity-owned land designated as APN 551-080-35, is exempt from the California\nEnvironmental Quality Act pursuant to Sections 15301, 15302, and 15304(e) and there are\nno exceptions to the exemptions.\nSubitem-B: (R-2024-297)\nResolution approving the grant to Ronald Drobeck of a parking easement on City-owned\nland designated as APN 551-080-35 pursuant to the terms of a settlement agreement.\nCommittee Actions Taken: N/A\nDepartment of Real Estate and Airport Management: Mary Carlson, (619) 236-6079\nCity Attorney Contact: Jenny Goodman

Item 105: Settlement of Isabel Irazoque v. City of San Diego, San Diego Superior Court Case\nNo. 37-2021-00051215-CU-PO-CTL, Claim No. 27246.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $77,500.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-287)\nResolution authorizing the settlement of Isabel Irazoque v. City of San Diego, San Diego\nSuperior Court Case No. 37-2021-00051215-CU-PO-CTL, related to a claim for personal\ninjuries sustained on April 2, 2021, as a result of a dangerous condition on Carmel\nMountain Road. Claim No. 27246.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Dave E. Abad, (619) 533-5821

Item 30: San Diego Lunar New Year Week.

Item 31: Engineers Week.

Item 32: Dr. Kwane Stewart Day.

Item 33: Year of the Dragon.\nSubitem-A: PRESENTED BY MAYOR GLORIA, COUNCIL PRESIDENT ELO-

Item 330: Authorization for the Public Facilities Financing Authority of the City of San Diego\nLease Revenue Bonds.\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 see "Fiscal Considerations" section of Staff Report.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-61)\nIntroduction of an Ordinance approving the forms and authorizing the execution and\ndelivery of one or more amendments to site lease, amendments to facilities lease, bond\npurchase agreements and continuing disclosure certificates; consenting to the execution,\ndelivery and performance of one or more supplemental indentures by the Public Facilities\nFinancing Authority of the City of San Diego in connection with the issuance and sale in\none or more series of the Authority’s lease revenue bonds and lease revenue refunding\nbonds; and approving other related documents and actions.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nDepartment of Finance: Richard Eyre, (619) 236-6899\nCity Attorney Contact: Marguerite Middaugh\nSee the Public Facilities Financing Authority Agenda of February13, 2024, for a related\nitem.

Item 331: Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Cerro Pueblo\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 160 780 7743.\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 proposed action are included in\nthe Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.\nCouncil District(s) Affected: 2.\nProposed Actions:\n(R-2024-332)\nResolution approving the issuance of multifamily housing revenue bonds or notes by the\nHousing Authority for Cerro Pueblo Apartments pursuant to section 147(f) of the Internal\nRevenue Code of 1986.\nCommittee Actions Taken: N/A\nHousing Commission: Emily Jacobs, (619) 578-7423\nCity Attorney Contact: Marguerite Middaugh\nSee the Housing Authority Agenda of February 13, 2024, for a companion item.\nThis is a TEFRA hearing item.\nItem: 332 Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Cuatro at City\nHeights.\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 160 780 7743.\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 proposed action are included in\nthe Housing Authority-approved Fiscal Year (FY) 2024 Housing Commission Budget.\nCouncil District(s) Affected: 9.\nProposed Actions:\n(R-2024-331)\nResolution approving the issuance of multifamily housing revenue bonds or notes by the\nHousing Authority for Cuatro at City Heights pursuant to section 147(f) of the Internal\nRevenue Code of 1986.\nCommittee Actions Taken: N/A\nHousing Commission: Emily Jacobs, (619) 578-7423\nCity Attorney Contact: Marguerite Middaugh\nSee the Housing Authority Agenda of February 13, 2024, for a companion item.\nThis is a TEFRA hearing item.

Item 34: Linda Vista Farmers Market Lunar New Year Celebration Day.

Item 50: Authorization of a No-Cost Extension of Contractual Obligations Beyond Five Years\nin the North University City Fire Station 50 Design-Build Contract K-18-1459-DB2-3\nwith RABC-ECC.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no cost associated with this action.\nCouncil District(s) Affected: 6.\nProposed Actions:\n(O-2024-68 Cor. Copy) (Rev. 2/8/2024)\nIntroduction of an Ordinance authorizing a 24 month extension of the obligations under\ncontract K-18-1459-DB2-3 with RABC-ECC A Joint Venture, to allow for the completion\nof the habitat restoration under the 60 month Long Term Restoration Maintenance and\nMonitoring agreement for North University City Fire Station 50.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non January 24, 2024.\nACTION: Motion by Committee Member Lee, second by Vice Chair LaCava, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Whitburn-yea, LaCava-yea, von Wilpert-yea, Lee-yea\nEngineering & Capital Projects: Jason Grani, (619) 533-3794\nCity Attorney Contact: Christina L. Rae

Item 51: Award of the As-Needed Engineering Technical Services Agreement with Stantec\nConsulting Services, Inc for Phase 2 of the Pure Water Program (H2226024).\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total amount not-to-exceed for this contract is $100,000,000.00. Funds are, or will\nbe, available in the following funds: Water Utility Operating; Water Utility CIP; Metro\nSewer Utility; and Metro Sewer CIP.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-62)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the As-\nNeeded Technical Services Agreement with Stantec Consulting Services, Inc. for Phase 2\nof the Pure Water Program.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on January 18, 2024.\nACTION: Motion by Committee Member Campbell, second by Vice Chair VonWilpert,\nto recommend Council approval of staff's proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea\nPublic Utilities: Andrea Demich, (858) 614-5741\nCity Attorney Contact: Elizabeth Cason

Item 52: Award First Amendment to the Agreement with Gannett Fleming, Inc., Extending\nthe Contract Duration and for Additional Professional Design and Construction\nSupport Services, Contract #H187019 Otay 2nd Pipeline Phase 3 Project.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe amendment to Consultant Agreement H187019 is not to exceed $383,456.00 from the\nWater Utility CIP.\nCouncil District(s) Affected: Outside of City limits.\nProposed Actions:\n(O-2024-64)\nIntroduction of an Ordinance authorizing Mayor or his designee to execute the first\namendment to the consultant agreement (H187019) with Gannett Fleming, Inc. for\nprofessional design and construction support services for the Otay 2nd Pipeline Phase 3\nproject, and taking 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 January 24, 2024.\nACTION: Motion by Committee Member Lee, second by Vice Chair LaCava, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 4-0; Whitburn-yea, LaCava-yea, von Wilpert-yea, Lee-yea\nEngineering & Capital Projects: Catherine Dungca, (619) 533-3778\nCity Attorney Contact: Adam Wander

Item 53: Amendment to SDMC 73.0202 – State Video Franchise Fees.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see the staff report.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 1/29/2024, Item S402, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-48)\nOrdinance amending Chapter 7, Article 3, Division 2 of the San Diego Municipal Code by\namending section 73.0202, to authorize state-franchised cable operators to credit payment\nof the Street Damage Fee against annual payment of franchise fees to the City.\nCommittee Actions Taken: N/A\nTransportation Department: Benjamin Foxhall, (619) 527-3490\nCity Attorney Contact: Ryan P. Gerrity

Item 54: Approval of the City of San Diego Project Labor Agreement (PLA) for City-\nProcured Capital Improvement Projects and Other Projects.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe Compliance Office will oversee the City’s PLA program. To provide the necessary\nresources for PLA oversight and administration the Compliance Office will be requesting\nadditional staffing and consultant resources as part of the FY 2025 budget development\nprocess.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 1/30/2024, Item 330, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-56)\nOrdinance approving the project labor agreement for City-procured Capital Improvement\nProjects and Other Projects for a seven-year term beginning on July 1, 2024, and related\nactions.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nEngineering & Capital Projects: James Nagelvoort, (619) 533-5100\nCity Attorney Contact: Bonny Hsu

Item S500: Settlement of Climate Action Campaign, et al. v. City of San Diego, San Diego\nSuperior Court Case. No 37-2022-00036430-CU-TT-CTL and Coastal Environmental\nRights Foundation v. City of San Diego, San Diego Superior Court Case No. 37-2023-\n00006754-CU-TT-CTL, Risk Claim Nos. 30636 & 31798. (Added 2/8/2024)\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $120,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-337)\nResolution authorizing the settlement of Climate Action Campaign, et al. v. City of San\nDiego, San Diego Superior Court Case. No. 37-2022-00036430-CU-TT-CTL, challenging\nthe City’s adoption of the 2022 Climate Action Plan Update Package and Coastal\nEnvironmental Rights Foundation v. City of San Diego, San Diego Superior Court Case\nNo. 37-2023-00006754-CU-TT-CTL, challenging the City’s approval of the Mira Mesa\nCommunity Plan update. Claim No’s. 30636 & 31798.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jana Mickova Will, (619) 533-6430

Item S501: Appointment to the Civil Service Commission. (Added 2/8/2024)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 2.\nProposed Actions:\n(R-2024-342)\nResolution confirming the Mayor's appointment of Trang Pham to the Civil Service\nCommission for a term ending January 9, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item S502: Municipal Code Amendments to Address Concerns With Sidewalk Vending and\nExpressive Activities. (Added 2/9/2024)\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(O-2024-73)\nIntroduction of an Ordinance amending Chapter 3, Article 6, Division 1 of the San Diego\nMunicipal Code by retitling and amending Section 36.0101, amending Sections 36.0102\nand 36.0105, retitling and amending Section 36.0107, amending Sections 36.0108,\n36.0110, 36.0111, and 36.0113, and retitling and amending Section 36.0114; amending\nChapter 5, Article 4, Division 1 by amending Sections 54.0105 and 54.0122; amending\nChapter 5, Article 7, Division 00 by repealing Sections 57.10 and 57.10.1; amending\nChapter 6, Article 3, Division 00 by retitling and amending Section 63.20.20; amending\nChapter 6, Article 3, Division 1 by amending Section 63.0102; and amending Chapter 6,\nArticle 3 by adding new Division 5 and new Sections 63.0501, 63.0502, 63.0503,\n63.0504, 63.0505, and 63.0506, all relating to sidewalk vending and expressive activities\non public property.\nCommittee Actions Taken: N/A\nCouncil District 2: Venus Molina, (619) 236-6622\nCity Attorney Contact: Heather Ferbert