San Diego — 2024-02-27

Item 100: Authorization to Execute Contract 10090099-24-S with Zensar Technologies, Inc. for\nthe Purchase of Cisco Network Technology.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe cost of this agreement is not-to-exceed $4,661,490 for a term of one (1) year with\nfour (4) additional one-year options. Expenditures will be made Citywide from General\nand Non-General fund sources as needed.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-348)\nResolution authorizing the Mayor or his designee to execute, for and on behalf of the City,\nthe Contract between the City of San Diego and Zensar Technologies, Inc. for Cisco\nNetwork Technology for a term of one (1) year with the option to renew for four (4)\nadditional one-year terms in an amount not-to-exceed $4,661,490 under the terms and\nconditions set forth in the Contract.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee meeting on\nFebruary 7, 2024.\nACTION: Motion by Committee Member LaCava, second by Vice Chair Moreno, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, Moreno-yea, Elo-Rivera-yea, LaCava-yea.\nDepartment of Information Technology: Maureen Medvedyev, (619) 533-4806\nCity Attorney Contact: Steven Lastomirsky

Item 101: 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 Cor. Copy)\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 102: Three (3)-Year Flat Rate Ground Lease, Including Mutual Options to Extend the\nTerm, with San Diego Community College District Covering an Aircraft Hangar of\nApproximately 6,300 square feet and 18,289 Square Feet of Land at Montgomery-\nGibbs Executive Airport, at 3873 Kearny Villa Road, Bldg. 120, San Diego, CA\n92123, and a Waiver of Requirements in Council Policy 700-10 Related to Security\nDeposits.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no expenditures being authorized with this action.\nCouncil District(s) Affected: 7.\nProposed Actions:\nSubitem-A: (R-2024-305)\nResolution of the Council of the City of San Diego determining that approving a three-\nyear flat rate ground lease, including mutual options to extend the term, with the San\nDiego Community College District for a 6,300 square foot aircraft hangar and 18,289\nsquare feet of land located at Montgomery-Gibbs Executive Airport at 3873 Kearny Villa\nRoad, Building 120, is exempt from the California Environmental Quality Act under\nCEQA Guidelines Section 15301.\nSubitem-B: (R-2024-306)\nResolution of the Council of the City of San Diego approving a three-year flat rate ground\nlease, including two three-year mutual options to extend the term, with the San Diego\nCommunity College District for a 6,300 square foot aircraft hangar and 18,289 square feet\nof land located at Montgomery-Gibbs Executive Airport at 3873 Kearny Villa Road,\nBuilding 120, and waiving application of Council Policy 700-10 related to security\ndeposits.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on January 11,\n2024.\nACTION: Motion by Chair Lee, second by Committee Member Whitburn, to recommend\nCouncil approval of staff’s proposed actions.\nVOTE: 3-1; Lee-yea, Whitburn-yea, Moreno-yea, LaCava-nay.\nDepartment of Real Estate and Airport Management: Christina Bibler, (619) 236-6421\nCity Attorney Contact: William W. Witt

Item 103: Settlement of Property Damage of Baruch Ezagui, Claim No. 33416.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $120,162.90 will be paid from the Sewer Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-288)\nResolution authorizing the pre-litigation claim filed by Baruch Ezagui for property\ndamage stemming from a blockage in the City’s sewer main at or near Hidden Valley\nRoad on May 2, 2023. Risk Claim No. 33416.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Dave E. Abad, (619) 533-5821

Item 104: Settlement of HCA Penthouse Apartments LP vs. City of San Diego, San Diego\nSuperior Court No. 37-2022-00030433-CU-EI-CTL, Claim No. 26524.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $927,500.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-277)\nResolution authorizing the settlement of HCA Penthouse Apartments LP vs. City of San\nDiego: San Diego Superior Court No. 37-2022-00030433 CU-EI-CTL related to an\ninverse condemnation claim as a result of a failed storm drainpipe located next to an\napartment complex at 6560 Montezuma Road. Claim No. 26524.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Sarah A. Wigdor-Roberts, (619) 533-5854

Item 105: Settlement of Esther Samadi, et al. v. City of San Diego, et al., San Diego Superior\nCourt No. 37-2021-00018915-CU-PA-CTL, Claim No. 25905.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $2,950,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-307)\nResolution authorizing the settlement of Esther Samadi, et al. v. City of San Diego, et al.,\nSan Diego Superior Court No. 37-2021-00018915-CU-PA-CTL, related to the alleged\nwrongful death of a bicyclist who collided with a City vehicle parked in the bicycle lane\non Carmel Valley Road, on September 25, 2020. Claim No. 25905.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Sarah A. Wigdor-Roberts, (619) 533-5854

Item 106: Reyna Sanchez v. City of San Diego, San Diego Superior Court No. 37-2021-\n00035596-CU-PO-CTL, Risk No. 26165.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $125,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-336)\nResolution authorizing the settlement of Reyna Sanchez v. City of San Diego, San Diego\nSuperior Court Case No. 37-2021-00035596-CU-PO-CTL, related to a claim for alleged\npersonal injury damages from a trip and fall accident on the sidewalk near 5111 La\nCuenta Drive in the City of San Diego on June 5, 2020. Claim No. 26165.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Kevin R. Yee, (619) 533-5657

Item 107: Appointment 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: 7.\nProposed Actions:\n(R-2024-362)\nResolution confirming the Mayor's appointment of Thomas Lincoln to the Ethics\nCommission for a term ending June 30, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 108: Appointment to the Commission on Gang Prevention and Intervention.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 9.\nProposed Actions:\n(R-2024-291)\nResolution confirming the Mayor's appointment of Godwin Higa to the Commission on\nGang Prevention and Intervention for a term ending July 1, 2024.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 109: Reappointment to the Planning Commission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 7.\nProposed Actions:\n(R-2024-345)\nResolution confirming the Mayor's reappointment of Kelly Moden to the Planning\nCommission for a term ending January 28, 2028.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 110: Reappointment to the Commission on Gang Prevention and Intervention.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 7.\nProposed Actions:\n(R-2024-352)\nResolution confirming the Mayor's reappointment of Rajali Walker to the Commission on\nGang Prevention and Intervention for a term ending July 1, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 111: Appointment to the Civil Service 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-2024-361)\nResolution confirming the Mayor's appointment of Samuel Merrill to the Civil Service\nCommission for a term ending January 9, 2029.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 112: Appointment of the City’s Management Team for the Purposes of Meeting and\nConferring with the City’s Recognized Employee Organizations.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no fiscal impact for this item.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-350)\nResolution designating the City of San Diego's management team for labor negotiations\nwith the City's recognized employee organizations, in accordance with the Meyers-Milias-\nBrown Act, San Diego Charter, and Council Policy 300-06.\nCommittee Actions Taken: N/A\nHuman Resources: Hannah Filley, (760) 912-2441\nCity Attorney Contact: Miguel Merrell

Item 113: 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-2024-251)\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 30: Black History Month.

Item 31: Kim Wallace-Ross Day.

Item 32: Tierrasanta Little League Opening Day.

Item 330: Extension of Citywide Banking Services Contract (Bank of America).\nThis item will be heard in the morning session which is scheduled to begin at 10:00\na.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action is to extend the agreement for up to three years, not to extend beyond April\n30, 2027, and increase the not-to-exceed (NTE) amount of the original 5-year contract by\n$200,000 (to $1,550,000 from $1,350,000). Approximately 77% of costs will be allocated\nto the General Fund, with 23% of costs being allocated to Non-General Funds.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-67)\nIntroduction of an Ordinance Authorizing the Fourth Amendment to Banking Services\nContract between the City and Bank of America to Extend the Term Beyond Five Years\nand Increase the Not to Exceed Amount.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nOffice of the City Treasurer: Emmanuel Labrinos, (619) 533-6256\nCity Attorney Contact: Bret A. Bartolotta

Item 331: Extension of Citywide Merchant Card Processing Services Contract (Fiserv).\nThis item will be heard in the morning session which is scheduled to begin at 10:00\na.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action is to extend the agreement for up to three years, not to extend beyond April\n30, 2027, and increase the not-to-exceed (NTE) amount by $7,650,000 (to $18,200,000\nfrom $10,550,000). Approximately 3% of costs will be allocated to the General Fund,\nwith 97% of costs being allocated to Non-General Funds.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-65)\nIntroduction of an Ordinance Authorizing the Fifth Amendment to Contract for Merchant\nCard Processing Services between the City, PNC Bank, and First Data Merchant Services\nLLC to Extend the Term Beyond Five Years and Increase the Not to Exceed Amount.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nOffice of the City Treasurer: Emmanuel Labrinos, (619) 533-6256\nCity Attorney Contact: Bret A. Bartolotta

Item 332: Acceptance of U.S. Department of Energy (DOE) Energy Efficiency and\nConservation Block Grant.\nThis item will be heard in the morning session which is scheduled to begin at 10:00\na.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe Chief Financial Officer is authorized to accept, appropriate and expend an amount\nnot-to-exceed $1,185,290 through the Energy Efficiency and Conservation Block Grant\n(EECBG) from the U.S. Department of Energy.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-356)\nResolution authorizing acceptance of a United States Department of Energy (DOE)\nEnergy Efficiency and Conservation Block Grant.\nCommittee Actions Taken: N/A\nSustainability and Mobility: Shelby Buso, (619) 236-7070\nCity Attorney Contact: Frederick M. Ortlieb

Item 333: Port Commissioners’ Annual Update on the Port District’s Work Plan.\nThis item will be heard in the afternoon session which is scheduled to begin at 2:00\np.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\nCouncil District 9: Luz Anaya Luna, (619) 236-6699

Item 334: Update on the Redevelopment of six City-owned Blocks in Downtown San Diego and\na Discussion of the Framework and Mechanics of a Public-Private Partnership (P3)\nProject.\nThis item will be heard in the afternoon session which is scheduled to begin at 2:00\np.m.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: 3.\nProposed Actions:\nThis item is informational only.\nCommittee Actions Taken: N/A\nDepartment of Real Estate and Airport Management: Jay Goldstone, (619) 236-6429

Item 335: Homeless Housing, Assistance, and Prevention Grant Round 5 Application.\nThis item will be heard in the afternoon session which is scheduled to begin at 2:00\np.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\nHomelessness Strategies: Sarah Jarman, (619) 385-6963

Item 336: 28th Street Grade Crossing Signal and Surface Installation and Maintenance\nAgreement with SANDAG & Burlington Northern Santa Fe Railway for Bayshore\nBikeway-Barrio Logan.\nThis item will be heard in the afternoon session which is scheduled to begin at 2:00\np.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see staff report.\nCouncil District(s) Affected: 8.\nProposed Actions:\n(O-2024-74)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the Grade\nCrossing Signal and Surface Installation and Maintenance Agreement with SANDAG and\nBNSF Railway Company for improvements to the Bayshore Bikeway at 28th Street, and\nrelated actions.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nTransportation Department: Everett Hauser, (619) 533-3012\nCity Attorney Contact: Cassandra Mougin

Item 50: Exemption of Program Coordinator Position in Department of Finance from the\nClassified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis position will increase the cost to the General Fund by $12,790.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-52)\nIntroduction of an Ordinance authorizing the exemption of a Program Coordinator\nposition in the City’s Department of Finance from the Classified Service, based on\nadvisory review and favorable comment by the Civil Service Commission on December\n7, 2023. This position will oversee the Citywide business processes for payroll from an\ninformation technology application management role. This Action is brought under San\nDiego Charter section 117(a)(17).\nCommittee Actions Taken: N/A\nDepartment of Finance: Jeffrey Peelle, (619) 236-6712\nCity Attorney Contact: Miguel Merrell

Item 51: Fourth Amendment to Agreement with C&S Engineers, Inc (H166649) for Airport\nMaster Plan Studies for Montgomery-Gibbs Executive and Brown Field Airports.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total cost of the contract with C&S Engineers, Inc is $2,652,715.38. There will be no\nnew funds added to the Agreement.\nCouncil District(s) Affected: 7, 8.\nProposed Actions:\n(O-2024-70)\nIntroduction of an Ordinance of the Council of the City of San Diego approving the\nFourth Amendment to the Consultant Agreement between the City of San Diego and C&S\nEngineers, Inc. extending the contract duration by two years.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on February 1,\n2024.\nACTION: Motion by Vice Chair LaCava, second by Committee Member Moreno, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.\nDepartment of Real Estate and Airport Management: Christina Bibler, (619) 236-6421\nCity Attorney Contact: William W. Witt

Item 52: Approval of the First Amendment to the As-Needed Citywide Cooperative\nAgreements with AT&T, Verizon Wireless, and T-Mobile for Cellular Equipment and\nServices.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action is to amend the three existing agreements to increase the combined total not to\nexceed amount from $20,000,000 to $68,007,000 and extend the term through August 11,\n2029. Expenditures will be made Citywide from General and Non-General fund sources\nas needed.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-72)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute, for and\non behalf of the City, the First Amendment to the three cooperative agreements between\nthe City of San Diego and AT&T Corp., Cellco Partnership dba Verizon Wireless, and T-\nMobile West, LLC, for the provision of as-needed cellular equipment and services, to\nincrease the total combined\nnot-to-exceed amount from $20,000,000 to $68,007,000, and to allow the City to use the\nAgreements beyond five years, through August 11, 2029, and otherwise modifying the\nAgreements pursuant to the terms and conditions contained in the First Amendment to\neach of the Agreements.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee meeting on\nFebruary 7, 2024.\nACTION: Motion by Vice Chair Moreno, second by Committee Member LaCava, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, Moreno-yea, Elo-Rivera-yea, LaCava-yea.\nDepartment of Information Technology: Jonathan Behnke, (619) 533-3637\nCity Attorney Contact: Steven Lastomirsky

Item 53: Third Amendment to the Contract with US Peroxide, LLC (dba USP Technologies)\n(RFP 10031657-13-C) to Provide the Peroxide Regenerated Iron Sulfide Control and\nPeroxide Regenerated Iron Chemically Enhanced Primary Treatment Program for\nOdor Control at Multiple Facilities.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAuthorization of this Third Amendment to the agreement will increase the cost by\n$10,000,000 for a total contract amount of $102,972,976, and extend the contract by one\nyear, with an additional one-year option, to renew the contract through April 14,\n2026. Funds will come from the Metro Sewer Utility Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-76)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute\nAmendment No. 3 to the Contract with U.S. Peroxide, LLC, extending the Contract for\none year with one additional one-year option to renew and increasing the not-to-exceed\namount by $10,000,000, in connection with the continued supply of Peroxide Regenerated\nIron Sulfide Control and Peroxide Regenerated Iron Chemically Enhanced Primary\nTreatment Program.\n6 Votes Required Pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on February 15, 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: David Bryant, (858) 654-4245\nCity Attorney Contact: Justin Stanek

Item 54: Reappointments and Term Extensions to the Commission on Police Practices.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/5/2024, Item 201, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-10)\nOrdinance exempting the appointment process and term lengths in San Diego Municipal\nCode sections 26.1104 and 26.1105 to reappoint Clovis Honoree, Maria Guadalupe\nLozano-Diaz, Yvania Rubio, Darlanne Mulmat, Alec Beyer, Octavio Aguilar, Dr. Dennis\nBrown, and James Justus to the Commission on Police Practices for terms expiring on\nJune 30, 2024, and extending by one year the terms of the Commission on Police Practice\nmembers Cheryl Canson, Christina Griffin-Jones, Gloria Tran, Laila Aziz, Brandon\nHilpert, Dwayne Harvey, Bonnie Benitez, Dennis Larkin, Dalia Sherlyn Villa De La Cruz,\nand Jaylene Vazquez such that their terms expire on June 30, 2025.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 9: Luz Anaya Luna, (619) 236-6699\nCity Attorney Contact: Kathy Steinman

Item 55: Exemption of One (1) Program Manager Position and One (1) Program Coordinator\nPosition in the Purchasing & Contracting Department from the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThese positions were included in the FY 2023 Adopted Budget.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/6/2024, Item 50, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-55)\nOrdinance authorizing the exemption of a Program Manager position and a Program\nCoordinator position in the City's Purchasing and Contracting Department from the\nClassified Service, based on advisory review and favorable comment by the Civil Service\nCommission on March 3, 2023. The Program Manager position oversee the Central Stores\nDivision and the Program Coordinator position will supervise the Equal Opportunity\nContracting Program. This Action is brought under San Diego Charter section 117(a)(17).\nCommittee Actions Taken: N/A\nPurchasing & Contracting: Claudia C. Abarca, (619) 236-5921\nCity Attorney Contact: Miguel Merrell

Item 56: Authorization to Extend the Current Contract for Annual Audit Services Related to\nthe Comprehensive Annual Financial Report (CAFR), Single Audit, and Other Audit\nServices and Increase the Not-to-Exceed Contract Amount.\nTotal Estimated Cost of Proposed Action and Funding Source: $72,101\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/6/2024, Item 51, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-60)\nOrdinance authorizing extension of agreement with Macias Gini & O'Connell LLP past\nfive years for independent auditing services for Fiscal Years 2019 through 2023 and\nrelated actions.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Audit Committee meeting on November 15, 2023.\nACTION: Motion by Committee Member Tabshouri, second by Committee Member\nMaffia, to recommend Council approval of staff’s proposed actions.\nVOTE: 5-0; Whitburn-yea, Moreno-yea, Halpern-yea, Tabshouri-yea, Maffia-yea.\nOffice of the City Auditor: Danielle Knighten, (619) 533-3032\nCity Attorney Contact: Hilda R. Mendoza

Item 57: Ordinance Amending the San Diego Municipal Code Relating to the San Diego City\nEmployees Retirement System Regarding Unwinding of Proposition B for Separated\nEmployees.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no known fiscal impact for the amendment to the Municipal Code.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/6/2024, Item 52, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-57)\nOrdinance amending the San Diego Municipal Code relating to the San Diego City\nEmployees' Retirement System regarding the unwinding of Proposition B for separated\nemployees.\nCommittee Actions Taken: N/A\nHuman Resources: Abby Jarl-Veltz, (619) 236-6314\nCity Attorney Contact: Thomas J. Brady

Item 58: Residential Tenant Protections Ordinance Amendments for Consistency with\nCalifornia Senate Bill 567.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/6/2024, Item 334, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-66)\nOrdinance amending Chapter 9, Article 8, Division 7 of the San Diego Municipal Code by\namending sections 98.0702, 98.0704, and 98.0709, and by adding new section 98.0710,\nrelating to Residential Tenant Protections.\nCommittee Actions Taken: N/A\nCouncil District 9: Maya Rosas, (619) 236-6699\nCity Attorney Contact: Hilda R. Mendoza

Item 59: California Coastal Commission Modifications of the 2020 Land Development Code\nUpdate to the San Diego Municipal Code and Local Coastal Program.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no expenditures being authorized with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/12/2024, Item 202, (Council\nvoted 5-0, District 4-vacant, Councilmember Whitburn-not present, Councilmember\nCampillo-not present, Councilmember Moreno-not present):\n(O-2024-58)\nOrdinance amending Chapter 14, Article 1, Division 4 of the San Diego Municipal Code\nby amending Section 141.0421; and amending Chapter 14, Article 2, Division 5 by\namending Section 142.0530 relating to accepting the California Coastal Commission’s\nsuggested modifications for certification of the 2020 San Diego Land Development Code\nUpdate/Municipal Code Update.\nCommittee Actions Taken: N/A\nPlanning: Victoria Ortiz, (619) 236-6091\nCity Attorney Contact: Corrine Neuffer

Item 60: California Coastal Commission Modifications to the 2021 Land Development Code\nUpdate to the San Diego Municipal Code and Local Coastal Program.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no expenditures being authorized with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/12/2024, Item 203, (Council\nvoted 5-0, District 4-vacant, Councilmember Whitburn-not present, Councilmember\nCampillo-not present, Councilmember Moreno-not present):\nThis action proposes to amend the Municipal Code and Local Coastal Program to adopt\nthe California Coastal Commission’s requested modifications to the 2021 Land\nDevelopment Code Update. The City Council adopted the 2021 Land Development Code\nUpdate on January 11, 2022. State law requires the California Coastal Commission's\ncertification of amendments to the Local Coastal Program before they can take effect in\nthe Coastal Zone. The California Coastal Commission conditionally certified the 2021\nLand Development Code Update and amendments to the Local Coastal Program with two\nmodifications on September 7, 2023. For the 2021 Land Development Code Update to\ntake effect within the Coastal Zone, the City Council must adopt the modifications.\n(O-2024-63)\nOrdinance amending Chapter 14, Article 2, Division 5 by amending Section 142.0528;\nand amending Chapter 14, Article 2, Division 7 by amending Section 142.0740, relating\nto the 2021 San Diego Land Development Code/Municipal Code Update.\nCommittee Actions Taken: N/A\nPlanning: Victoria Ortiz, (619) 236-6091\nCity Attorney Contact: Lauren Hendrickson

Item 61: 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: 1.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/13/2024, Item 50, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-68 Cor. Copy)\nOrdinance authorizing a 24-month extension of the obligations under contract K-18-1459-\nDB2-3 with RABC-ECC A Joint Venture, to allow for the completion of the habitat\nrestoration under the 60-month Long Term Restoration Maintenance and Monitoring\nagreement 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 62: 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:\nAdopt the following Ordinance which was introduced on 2/13/2024, Item 51, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-62)\nOrdinance authorizing the Mayor, or his designee, to execute the As-Needed Technical\nServices Agreement with Stantec Consulting Services, Inc. for Phase 2 of the Pure Water\nProgram.\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 von Wilpert,\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 63: 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:\nAdopt the following Ordinance which was introduced on 2/13/2024, Item 52, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-64)\nOrdinance authorizing Mayor or his designee to execute the first amendment to the\nconsultant agreement (H187019) with Gannett Fleming, Inc. for professional design and\nconstruction support services for the Otay 2nd Pipeline Phase 3 project, and taking related\nactions.\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 64: Municipal Code Amendments to Address Concerns With Sidewalk Vending,\nCommercial Activity and Expressive Activities on Public Property.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/13/2024, Item S502, (Council\nvoted 6-0, District 4-vacant, Moreno-not present, Elo-Rivera-not present):\n(O-2024-73 Cor. Copy)\nOrdinance amending Chapter 3, Article 6, Division 1 of the San Diego Municipal Code by\nretitling and amending Section 36.0101, amending Sections 36.0102 and 36.0105,\nretitling and amending Section 36.0107, amending Sections 36.0108, 36.0110, 36.0111,\nand 36.0113, and retitling and amending Section 36.0114; amending Chapter 5, Article 4,\nDivision 1 by amending Sections 54.0105 and 54.0122; amending Chapter 5, Article 7,\nDivision 00 by repealing Sections 57.10 and 57.10.1; amending Chapter 6, Article 3,\nDivision 00 by retitling and amending Section 63.20.20; amending Chapter 6, Article 3,\nDivision 1 by amending Section 63.0102; and amending Chapter 6, Article 3 by adding\nnew Division 5 and new Sections 63.0501, 63.0502, 63.0503, 63.0504, 63.0505, and\n63.0506, all relating to sidewalk vending, commercial activity and expressive activities on\npublic property.\nCommittee Actions Taken:\nThis item was heard at the Community and Neighborhood Services Committee meeting\non October 5, 2023.\nACTION: Motion by Chair Campbell, second by Committee Member Whitburn, to\nrecommend Council approval of staff's proposed actions.\nVOTE: 2-1; Campbell-yea, Whitburn-yea, Campillo-yea, Elo-Rivera-not present\nCouncil District 2: Venus Molina, (619) 236-6622\nCity Attorney Contact: Heather Ferbert

Item 65: Authorization for the Public Facilities Financing Authority of the City of San Diego\nLease Revenue Bonds.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease see "Fiscal Considerations" section of Staff Report.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 2/13/2024, Item 330, (Council\nvoted 8-0, District 4-vacant):\n(O-2024-61)\nOrdinance approving the forms and authorizing the execution and delivery of one or more\namendments to site lease, amendments to facilities lease, bond purchase agreements and\ncontinuing disclosure certificates; consenting to the execution, delivery and performance\nof one or more supplemental indentures by the Public Facilities Financing Authority of\nthe City of San Diego in connection with the issuance and sale in one or more series of\nthe Authority’s lease revenue bonds and lease revenue refunding bonds; and approving\nother 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

Item 66: Fourth Amendment to the Lease for 9370 Chesapeake Drive, San Diego, CA Between\nRuffin-S.D., LLC, and the City of San Diego.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no fiscal impact to Fiscal Year 2024.\nCouncil District(s) Affected: 6.\nProposed Actions:\nSubitem-A: (R-2024-346)\nResolution determining that approval of that certain Fourth Amendment to Lease between\nRuffin-S.D., LLC, a California limited liability company, and the City of San Diego is\ncategorically exempt from the California Environmental Quality Act under Title 14\nCalifornia Code of Regulations sections 15301 and 15327.\nSubitem-B: (O-2024-71)\nIntroduction of an Ordinance approving that certain Fourth Amendment to Lease between\nRuffin-S.D., LLC, a California limited liability company, and the City of San Diego.\nSubitem-B: 6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on February 1,\n2024.\nACTION: Motion by Chair Lee, second by Vice Chair LaCava, to recommend Council\napproval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.\nDepartment of Real Estate and Airport Management: Christina Bibler, (619) 236-6421\nCity Attorney Contact: Julie Gough Inman

Item S500: Sandra Albrektsen Day. (Added 2/23/24)

Item S501: Waiver of San Diego Municipal Code §27.0608(B) and Authorize the City Clerk to\nSet Deadline for Ballot Materials for a Special Election Run-Off for Council District\n4, if Necessary. (Added 2/23/24)\nThis item will be heard in the afternoon session which is scheduled to begin at 2:00\np.m.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-77)\nOrdinance waiving the time period in San Diego Municipal Code section 27.0608(b) and\nauthorizing the City Clerk to set a date for candidates in the special run-off election for\nCouncil District 4, if necessary, to submit a different designation of principal profession,\nvocation, or occupation.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nOffice of the City Clerk: Diana Fuentes, (619) 533-4081\nCity Attorney Contact: Kathy Steinman