San Diego — 2024-05-21

Item 100: Authorization to Execute Two Option Years of an Existing Contract with Badger\nMeter, Inc. to Purchase Water Meters (RFP 10089854-22-W). (Rev. 5/17/24)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total not to exceed amount of the Contract if all four options are exercised is\n$30,000,000. The Department is requesting approval to exercise each of the first two\noption years, which are for the second and third years of the Contract, in an amount not-\nto-exceed $12,000,000, funded by the Water Utility Operating Fund. (Rev. 5/17/24)\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-514)\nResolution authorizing the Mayor, or his designee, to exercise each of the first two option\nyears of the Contract with Badger Meter, Inc., to furnish and deliver water meters and\nrelated actions.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on April 11, 2024.\nACTION: Motion by Vice Chair von Wilpert, second by Committee member Campbell,\nto recommend Council approval of staff’s proposed actions with the following\namendments:\n1) A resolution to authorize the Mayor, or his designee, to exercise two options under the\nContract for years two and three to furnish and deliver water meters, as needed, in an\namount not-to-exceed $24,000,000; and\n2) The Chief Financial Officer is authorized to expend an amount not-to-exceed\n$24,000,000 for option years two (2) through five (5) of the Contract from Fund 700011,\nWater Utility Operating Fund, for the purpose of funding the purchase of water meters\nunder the Contract, contingent upon adoption of the Annual Appropriation Ordinance for\nthe applicable fiscal year, and contingent upon the Chief Financial Officer furnishing one\nor more certificates certifying that the funds necessary for expenditure are, or will be, on\ndeposit with the City Treasurer.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Elo-Rivera-not present.\nPublic Utilities: John Pich II, (619) 527-8038\nCity Attorney Contact: Melissa Ables

Item 101: Award a Phase-Funded Construction Contract # K-24-2005-DBB-3-C with OHLA\nUSA Inc. and Authorize FY 24 Phase 1 Funding for the Purpose of Providing\nConstruction for the Alvarado 2nd Extension Pipeline Project.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe cost of this construction contract is not-to-exceed $123,243,852.65. This project will\nbe phase funded, the first phase is funded by the Water Utility Fund. The Water Utility\nFund's total portion of the project anticipated to be financed through a loan agreement\nwith the California State Water Resources Control Board under the Drinking Water State\nRevolving Fund program, which will be financed over a 30-year repayment term. See\nFiscal Considerations for more information.\nCouncil District(s) Affected: 2, 7.\nProposed Actions:\n(R-2024-533)\nResolution awarding construction contract K-24-2005-DBB-3-C to OHLA USA, Inc., for\nconstruction of the Alvarado 2nd Extension Pipeline project and taking related actions.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non April 25, 2024.\nACTION: Motion by Vice Chair LaCava, second by Chair Whitburn, to recommend\nCouncil approval of staff’s proposed actions.\nVOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.\nEngineering & Capital Projects: Luis Schaar, (619) 627-3220\nCity Attorney Contact: Adam Wander

Item 102: Award Construction Management Agreement H2226027 with Arcadis U.S. to\nProvide Construction Management Services for the Tecolote Canyon Trunk Sewer\nImprovement and Golf Course Water Connection Project.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total cost of this Construction Management agreement is $4,774,064.00 of which,\n$4,678,582.72 is from CIP S-15020, Tecolote Canyon Trunk Sewer Improvement, Fund\n700008, MUNI SEWER CIP and $95,481.28 is from CIP A-KB.00003, Main\nReplacements, B-15203, Tecolote Cyn GC Water Conn Project, Fund 700010, WATER

Item 103: Allocation of Funds to and Creation of Mission Bay and Regional Park Projects.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action will allocate $1,200,000.00 of Mission Bay Park Improvement Fund,\n$839,997.00 of San Diego Regional Parks Improvement Fund (RPIF), and $500,000 in\nCapital Outlay and General Fund Debt Financing, for a total allocation of $2,539,997.\nCouncil District(s) Affected: 2, 4.\nProposed Actions:\n(R-2024-506)\nResolution authorizing the Chief Financial Officer to reallocate $839,997 of San Diego\nRegional Parks Improvement Fund from the Balboa Park Club Renovations, Cowles\nMountain Comfort Station Accessibility Upgrades, West Sycamore Staging Area, and City\nFacility Improvements projects to the Balboa Park Botanical Building Improvements, and\nChollas Lake Improvements projects; $1,200,000 of Mission Bay Park Improvement\nFund from the Bonita Cove East Playground project to the El Carmel Comfort Station\nImprovements, and Mission Bay Athletic Comfort Station Modifications projects; and\n$500,000 of Capital Outlay and General Fund Debt Financing from Balboa Park\nBotanical Building Improvements to Quince Drive Run-Off Erosion.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non April 25, 2024.\nACTION: Motion by Vice Chair LaCava, second by Committee member Foster III, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.\nParks & Recreation: Andy Field, (619) 235-1110\nCity Attorney Contact: Alma Robbins

Item 104: $250,000 to the City of San Diego, for the Lifeguard Northern Garage Feasibility\nStudy.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis grant is reimbursable and requires the City to expend funds prior to requesting\nreimbursement. Expenditures will be initially sourced from a special grant fund and then\nreimbursed from the State of California, Department of Parks and Recreation (Office of\nGrants and Local Services). There are no match requirements, and there is no impact to\nthe general fund.\nCouncil District(s) Affected: 1, 2.\nProposed Actions:\nSubitem-A: (R-2024-511)\nResolution determining that the Lifeguard Northern Garage Feasibility Study is exempt\nfrom the California Environmental Quality Act Pursuant to Section 15262 of the CEQA\nGuidelines.\nSubitem-B: (R-2024-510)\nResolution authorizing the acceptance, appropriation, and expenditure of California\nAssembly Bill 102 pass-through grant funding in the amount of $250,000 for the\nLifeguard Northern Garage Feasibility Study.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on April 25, 2024.\nACTION: Motion by Chair von Wilpert, second by Vice Chair Campillo, to recommend\nCouncil approval of staff’s proposed actions.\nVOTE: 3-0; von Wilpert-yea, Campillo-yea, Campbell-yea, Whitburn-not present.\nFire-Rescue: James Gartland, (619) 221-8832\nCity Attorney Contact: Daniel Orloff

Item 105: Settlement of Nunzio Guadagni v. City of San Diego, et al., San Diego Superior\nCourt No. 37-2020-00042516 CU-PA-CTL, Claim No. 22169.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $195,000.00 will be paid from the Sewer Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-483)\nResolution authorizing the settlement of Nunzio Guadagni v. City of San Diego, et al.,\nSan Diego Superior Court No. 37-2020-00042516 CU-PA-CTL, related to a claim for\npersonal injury from a vehicle accident involving a City employee that occurred on\nDecember 18, 2018. Claim No. 22169.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Kevin R. Yee, (858) 533-5697

Item 106: Appointment and Reappointments to the Balboa Park Committee.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(R-2024-529 Cor. Copy) (Rev 5/17/24)\nResolution confirming the Mayor's appointment of Michael Robinson for a term ending\nMarch 1, 2025, and reapppointments of Howard Blackson, Chris Eddy, and Kathy\nVandenheuvel for terms ending March 1, 2026, to the Balboa Park Committee.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 107: Appointment to the Funds Commission.\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-2024-530)\nResolution confirming the Mayor's appointment of Colin Dowd to the Funds Commission\nfor 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 108: Appointment and Reappointments to the Arts and Culture Commission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 3, 4, 5, 6.\nProposed Actions:\n(R-2024-457)\nResolution approving the Mayor's appointment of Dennis Doan, for a term ending August\n31, 2024, reappointments of Ann Bossler, Tyler Hewes, Lee Ann Kim, and Keith Opstad\nfor terms ending August 31, 2024, and reappointments of Kamaal Martin, Alessandra\nMoctezuma, Becky Phillpott, and Imani Robinson for terms ending August 31, 2025, to\nthe Commission for Arts and Culture. This resolution also seeks a waiver of Council\nPolicy 000-13 in relation to the appointment of Dennis Doan.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 30: Jewish American Heritage Month.

Item 31: Chief David Nisleit Day.

Item 32: Jaime's Joy Day.

Item 33: Lupus Awareness Month.

Item 330: Grant Subaward Agreement with the California Governor’s Office of Emergency\nServices, Victim Services Branch, Family Justice Center Program, for the Purposes\nof Expanding the Capabilities of Your Safe Place – A Family Justice Center within\nthe Office of the City Attorney.\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:\nThis action is for acceptance of grant funding. The $300,000 in grant funds received will\nsupport Your Safe Place. There is no match requirement or cost to the City associated with\nthese funds.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-507)\nResolution to accept, appropriate, and expend $300,000 in grant funds from the California\nGovernor’s Office of Emergency Services, Victim Services Branch, Family Justice Center\nProgram, on behalf of Your Safe Place-A Family Justice Center within the Office of the\nCity Attorney, and authorize the San Diego City Attorney to retroactively execute the\ngrant subaward agreement, including any necessary amendments, extensions, or renewals.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Diane Doherty, (619) 533-3583\nCity Attorney Contact: Justin Bargar

Item 331: 2023 Annual Report on Internal Financial Control.\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:\nThis is an informational item only; there is no cost associated with this item.\nCouncil District(s) Affected: Citywide.\nProposed Actions: This item is informational only.\nCommittee Actions Taken: N/A\nDepartment of Finance: Jeff Peelle, (619) 236-6712

Item 332: Tax, Equity and Fiscal Responsibility Act (TEFRA) Resolution for Sea Breeze\nGardens Apartments.\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: 4.\nProposed Actions:\n(R-2024-532)\nResolution approving the issuance of multifamily housing revenue bonds or notes by the\nHousing Authority for Sea Breeze Gardens pursuant to section 147(f) of the Internal\nRevenue Code of 1986.\nCommittee Actions Taken: N/A\nHousing Commission: Jennifer Kreutter, (619) 578-7709\nCity Attorney Contact: Marguerite Ella Middaugh\nSee the Housing Authority Agenda of May 21, 2024, for a companion item.\nThis is a TEFRA hearing item.

Item 333: Community Planning Group Recognitions, Extension of a Community Planning\nGroup Recognition Application Deadline, Allowing Certain Community Planning\nGroups to Have More Than Twenty Voting Members, and Amendments to Council\nPolicy 600-24 Relating to Community Planning Groups.\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:\nThere are no expenditures being authorized with these actions.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2024-523)\nResolution adopting amendments to Council Policy 600-24 “Standard Operating\nProcedures and Responsibilities for Recognized Community Planning Groups.”\nSubitem-B: (R-2024-524 Cor. Copy) (Rev. 5/16/24)\nResolution waiving the December 31, 2023 deadline for community planning group\nrecognition applications and allowing an extension until January 31, 2024, recognizing\nindependent community planning groups pursuant to Council Policy 600-24, and allowing\nthe University Community Planning Group, the Scripps Ranch Planning Group, the City\nHeights Area Community Planning Committee, and the Linda Vista Planning Group to\nhave more than 20 voting members in their respective groups.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on March 21,\n2024.\nACTION: Motion by Council President Pro Tem LaCava, second by Committee Member\nWhitburn, to recommend Council approval of staff’s proposed actions.\n1. Adopt a resolution to adopt clarifying and procedural amendments to Council Policy\n600-24.\n2. Adopt a resolution to waive the Dec. 31, 2023 submittal deadline for planning group\napplications and allow an extension to Jan. 31, 2024.\n3. Adopt a resolution:\na. Recognizing that the following planning groups have met all requirements of\nCouncil Policy 600-24, have agreed to all requirements of the Terms and\nConditions, and are recognized as the official planning group for their respective\ncommunities: Barrio Logan Community Planning Group, Carmel Mountain\nRanch/Sabre Springs Community Council, Carmel Valley Community Planning\nBoard, Chollas Valley Community Planning Group, City Heights Area\nCommunity Planning Committee, Clairemont Community Planning Group,\nCollege Community Planning Board, Del Mar Mesa Community Planning Group,\nDowntown Community Planning Council, Eastern Area Community Planning\nCommittee, Greater Golden Hill Planning Committee, Kearny Mesa Planning\nGroup, Kensington-Talmadge Planning Group, Linda Vista Planning Group,\nMidway-Pacific Highway Community Planning Group, Mira Mesa Community\nPlanning Group, Mission Beach Precise Planning Board, Mission Valley Planning\nGroup, Navajo Community Planners, Inc., Normal Heights Community Planning\nGroup, North Park Community Planning Committee, Ocean Beach Planning\nBoard, Old San Diego Community Planning Group, Otay Mesa Planning Group,\nOtay Mesa-Nestor Community Planning Group, Pacific Beach Planning Group,\nPeninsula Community Planning Board, Rancho Bernardo Community Planning\nBoard, Rancho de los Penasquitos Planning Board, San Pasqual-Lake Hodges\nCommunity Planning Group, San Ysidro Community Planning Group, Scripps\nRanch Planning Group, Serra Mesa Planning Group, Skyline-Paradise Hills\nCommunity Planning Committee, Southeastern San Diego Community Planning\nGroup, Tierrasanta Community Council and Planning Group, Torrey Hills\nCommunity Planning Board, Torrey Pines Community Planning Board, and\nUniversity Community Planning Group.\nb. Allowing the University Community Planning Group and Scripps Ranch\nPlanning Group to have more than 20 voting members on their respective\nplanning groups.\nMotion by Council President Pro Tem LaCava, second by Committee Member Whitburn\nto:\n4a. recommend Council recognize La Jolla Community Planning Association as the\nofficial planning group of the La Jolla community.\nMotion by Committee Member Whitburn, second by Council President Pro Tem LaCava\nto:\n4b. recommend Council recognize Vibrant Uptown and the Uptown Community Planning\nGroup.\nVOTE: 4-0; LaCava-yea, Whitburn-yea, Lee-yea, Moreno-yea.\nPlanning: Marlon I. Pangilinan, (619) 235-5293\nCity Attorney Contact: Noah Brazier

Item 34: Rhonda T. Adams Day.

Item 35: Emergency Medical Services Week.

Item 36: World Trade and Export Month.

Item 50: Third Amendment to Sole Source Agreement with MARS Company for Water Meter\nTest System Maintenance and Support.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe Third Amendment will increase the not-to-exceed amount by $3,200,000, increasing\nthe total agreement not-to-exceed amount to $5,709,423 funded by the Water fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-106 Cor. Copy) (Rev. 5/15/24)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute\nAmendment No. 3 to the Contract with MARS Company, extending the Contract through\nJune 30, 2029, and increasing the not-to-exceed amount by $3,200,000, in connection\nwith water meter testing.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on April 11, 2024.\nACTION: Motion by Committee Member Campbell, second by Chair LaCava, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Elo-Rivera-not present.\nPublic Utilities: John Pich II, (619) 527-8038\nCity Attorney Contact: Justin Stanek

Item 51: Fourth Amendment to the Agreement with Itron, Inc. for Meter Reading System\nMaintenance & Support Services.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAuthorization of this Fourth Amendment to the agreement will increase the cost by\n$4,033,910.00 for a total contract amount of $7,833,910.00 over the 60-month term of the\nagreement. Funds will come from the Water Utility Operating Fund and the Muni Sewer\nRevenue Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-113)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute\nAmendment No. 4 to the Contract with Itron, Inc. for Meter Reading System Maintenance\nand Support Services extending the Contract through August 31, 2029, and increasing the\ntotal not-to-exceed amount to $7,833,910 and related actions.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on April 11, 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, Elo-Rivera-not present.\nPublic Utilities: Elvira Santiesteban, (858) 292-6435\nCity Attorney Contact: Melissa Ables

Item 52: Proposed Amendments to San Diego Municipal Code Regarding Buffer Zones at\nHealth Care Facilities, Places of Worship, and School Grounds.\nTotal Estimated Cost of Proposed Action and Funding Source: None\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-114)\nIntroduction of an Ordinance amending Chapter 5, Article 2, Division 10 of the San Diego\nMunicipal Code by amending sections 52.1001, 52.1002 and adding new sections\n52.1003, 52.1004, 52.1005, and 52.1006; and amending Chapter 5, Article 8, Division 4\nby amending sections 58.0402 and 58.0403, related to public access to health care\nfacilities, places of worship, and school grounds.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on March 20, 2024.\nACTION: Motion by Committee Member Whitburn, second by Committee Member\nCampbell, to recommend Council approval of staff’s proposed actions.\nVOTE: 4-0; von Wilpert-yea, Campillo-yea, Whitburn-yea, Campbell-yea.\nOffice of the City Attorney: Mara W. Elliott, City Attorney, (619) 533-5800\nCity Attorney Contact: Heather Ferbert

Item S500: National Foster Care Month. (Added 5/15/24)

Item S501: Travis Knowles Day. (Added 5/17/24)