San Diego — 2024-10-15

Item 10: Approval of Council Minutes.\nProposed Actions:\nSubitem-A: Approval of Council Minutes for September 9, 2024.\nSubitem-B: Approval of Council Minutes for September 10, 2024.

Item 100: Agreement with National Community Renaissance of California to Reimburse City\nfor Constructing Park Improvements to Howard Lane Neighborhood Park and\nTraffic and Pedestrian Signal Improvements on Dairy Mart Road With a Total Value\nNot to Exceed $5,000,000.\nTotal Estimated Cost of Proposed Action and Funding Source:\n$5,000,000 in grant funds and $300,000 in Neighborhood Enhancement Fee (NEF)\nfunding will be added to L24003 Howard Lane Improvements.\nCouncil District(s) Affected: 8.\nProposed Actions:\n(R-2025-141)\nResolution authorizing the Mayor, or his designee (Mayor), to accept $5,000,000 in Infill\nInfrastructure Grant Program (IIG) grant funding from National Community Renaissance\nof California (NCRC).\nAuthorizing the Mayor to negotiate and execute an implementation agreement with\nNCRC in an amount not-to-exceed $5,000,000 in IIG grant funds to design and construct\nnew traffic and pedestrian signals, including a high-intensity activated crosswalk\n(HAWK) crosswalk, and park improvements (Improvements) as a part of the IRIS at San\nYsidro housing project.\nAuthorizing the Chief Financial Officer to increase the Capital Improvements Program\n(CIP) budget in CIP L24003 Howard Lane Improvements, and to accept, appropriate, and\nexpend an amount not-to-exceed $5,000,000, in IIG grant funds for the Improvements\npursuant to the negotiated implementation agreement, contingent upon receipt of a fully\nexecuted implementation agreement if the grant funding is secured.\nAuthorizing the Chief Financial Officer to increase the CIP budget in L24003, Howard\nLane Improvements, and to appropriate and expend $300,000 from Fund 400878,\nNeighborhood Enhancement-Community of Concern; and for all related actions.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on September 19,\n2024.\nACTION: Motion by Committee Member Moreno, second by Chair Lee, to recommend\nCouncil approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-yea.\nParks & Recreation: Tom Tomlinson, (619) 533-3187\nCity Attorney Contact: Jane M. Boardman

Item 101: Settlement of Lillian Smith v. City of San Diego, et al., San Diego Superior Court No.\n37-2023-00025537-CU-PO-CTL, Claim No. 30738.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $145,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-120)\nResolution authorizing the settlement of Lillian Smith v. City of San Diego, San Diego\nSuperior Court No. 37-2023-00025537-CU-PO-CTL, related to a claim of personal\ninjuries arising out of an alleged dangerous condition of public property. Risk Claim No.\n30738.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Ian G. Williamson, (619) 533-5920\nCity Attorney Contact: Ian G. Williamson

Item 102: Appointments to the Municipal Golf Committee.\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-2025-156)\nResolution confirming the Mayor's appointments of Hal Corbin, for a term ending May 1,\n2027, and Lauren Holst, for a term ending May 1, 2025, to the Municipal Golf\nCommittee.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 330: Informational Update on San Diego Countywide Gun Relinquishment Task Force.\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 item is an informational update on the San Diego Countywide Gun Relinquishment\nTask Force, which is supported by a $2.0 million grant from the Judicial Council of\nCalifornia to the San Diego Superior Court.\nCouncil District(s) Affected: Citywide.\nProposed Actions: This is an informational item only.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Chris Olsen, (619) 723-6614

Item 331: Implementation of a Code of Conduct for Boards and Commissions.\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 City expenditures being authorized for this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-56)\nResolution approving a Code of Conduct for Boards and Commissions.\nCommittee Actions Taken:\nThis item was heard at the Rules Committee meeting on July 24, 2024.\nACTION: Motion by Vice Chair LaCava, second by Council President Elo-Rivera, to\nrecommended Item 3 goes to full Council as a Discussion item.\nVOTE: 5-0; Elo-Rivera-yea, LaCava-yea, Lee-yea, Campillo-yea, Moreno-yea.\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Hilda R. Mendoza

Item 50: Pure Water Program – Amendment No. 3 to the Agreement with CH2M Hill\nEngineers, Inc. for Design Engineering Services for the North City Water\nReclamation Plant Expansion and Influent Conveyance Project (H166722).\nTotal Estimated Cost of Proposed Action and Funding Source:\nSee Staff Report for fiscal considerations.\nCouncil District(s) Affected: 1.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/1/2024, Item 50 (Council\nvoted 7-0, Councilmember Campbell and Councilmember Campillo-not present):\n(O-2025-33)\nOrdinance approving a Third Amendment to the Agreement with CH2M Hill Engineers,\nInc. for Design Services for the North City Water Reclamation Plant Expansion and\nInfluent Conveyance Project (H166722).\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on September 12, 2024.\nACTION: Motion by Committee Member Elo-Rivera, second by Chair LaCava, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.\nEngineering & Capital Projects: Akram Bassyouni, (619) 533-3616\nCity Attorney Contact: Elizabeth Cason

Item 51: Extension of the Contractual Obligations of K-20-1833-DBB-3-A, Otay 1st and 2nd\nPipelines West of Highland Avenue, and Additional Total Project Budget Request.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total project budget of $32,290,500 was previously approved per the Fiscal Year\nadopted CIP budget. This action is requesting to authorize a fund transfer in the amount of\n$1,550,000.00, increasing the total project budget to $33,840,500.\nCouncil District(s) Affected: 3, 9.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/1/2024, Item 51 (Council\nvoted 7-0, Councilmember Campbell and Councilmember Campillo-not present):\n(O-2025-37)\nOrdinance authorizing the obligations of construction contract K-20-1833-DBB-3-A for\nWBS no. S-12016, Otay 1st and 2nd Pipelines – West Of Highland Avenue, with El Cajon\nGrading And Engineering Co. Inc. to extend beyond five years for an additional one year,\nnot-to-exceed a total of six years.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non September 11, 2024.\nACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.\nEngineering & Capital Projects: Shadi Sami, (619) 236-7306\nCity Attorney Contact: Adam Wander

Item 52: Authority to Approve Construction Change in Excess of $2M on North City Pure\nWater Facility and North City Pure Water Pump Station (K-21-1810-DBB-3-A) and\nExtend the Construction Contract Beyond 5 Years.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAction will authorize increase in pooled contingency appropriations for an amount of\n$11,360,000 for Construction Change Order 19 and extend contract beyond 5 years.\nCouncil District(s) Affected: 6.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/1/2024, Item 52 (Council\nvoted 7-0, Councilmember Campbell and Councilmember Campillo-not present):\n(O-2025-34)\nOrdinance Approving Construction Change Order No. 19 to the Construction Contract\nwith Shimmick Construction Company, Inc. for the North City Pure Water Facility and\nPump Station in an Amount Not to Exceed $11,360,000 and Authorizing the Contract\nObligations to Extend Beyond Five Years.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on September 12, 2024.\nACTION: Motion by Vice Chair von Wilpert, second by Committee Member Elo-Rivera,\nto recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present. (Rev\n10/10/24)\nEngineering & Capital Projects: Elif Cetin, (619) 533-3794\nCity Attorney Contact: Elizabeth Cason

Item 53: First Amendments to the As-Needed Professional Environmental Support Services\nAgreements with Dudek (H186995) and ICF Jones and Stokes, Inc. (H186996).\nTotal Estimated Cost of Proposed Action and Funding Source:\nNo-Cost Extension.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/1/2024, Item 53, Subitem A-\nB (Council voted 7-0, Councilmember Campbell and Councilmember Campillo-not\npresent):\nSubitem-A: (O-2025-18)\nOrdinance authorizing the Mayor, or designee, to execute the First Amendment to the As-\nNeeded Professional Environmental Planning Support Services Agreement with Dudek,\nInc. (H186995), extending the Agreement from 60 months to 96 months to complete\nOutstanding Tasks for CIP projects.\nSubitem-A: 6 votes required pursuant to Charter Section 99.\nSubitem-B: (O-2025-19)\nOrdinance authorizing the Mayor, or designee, to execute the First Amendment to the As-\nNeeded Professional Environmental Planning Support Services Agreement with ICF\nJones and Stokes, Inc. (H186996), extending the Agreement from 60 months to 96 months\nto complete Outstanding Tasks for CIP projects.\nSubitem-B: 6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non September 11, 2024.\nACTION: Motion by Vice Chair LaCava, second by Committee Member von Wilpert, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.\n(Rev 10/10/24)\nEngineering & Capital Projects: Carrie Purcell, (619) 533-5124\nCity Attorney Contact: Ray Palmucci

Item 54: North City Water Reclamation Plant Expansion (K-21-1861-DBB-3) Authority to\nApprove Construction Change Order in the Amount of $16 M and Extend the\nConstruction Contract Beyond 5 Years.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAction will authorize Construction Change in an amount not-to-exceed\n$16,000,000.00. of which $14,292,800 is available in Pure Water Program ($8,561,600\nPWP North City Water Rec Plant Expansion; $3,817,600 from PWP NC Wtr Rec Plant\nExpansion (W); $1,913,600 from NCPWF Influent Pump Station and Pipeline),\n$8,561,600 from Metro Sewer CIP, and $5,731,200 from Water Utility CIP; and\n$1,707,200 in NCWRP Improvements to 30 mgd, $1,536,000 from Metro Sewer CIP, and\n$171,200 from Water Utility CIP.\nCouncil District(s) Affected: 6.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/1/2024, Item 54, (Council\nvoted 7-0, Councilmember Campbell and Councilmember Campillo-not present):\n(O-2025-35)\nOrdinance Approving Change Order No. 12 to the Construction Contract with Kiewit\nInfrastructre West Co. for the North City Water Reclamation Plant Expansion in an\nAmount Not-to-Exceed $16,000,000 and Authorizing the Contract Obligations to Extend\nBeyond Five Years.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on September 12, 2024.\nACTION: Motion by Vice Chair von Wilpert, second by Committee Member Elo-Rivera,\nto recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.\nEngineering & Capital Projects: Elif Cetin, (619) 533-3794\nCity Attorney Contact: Elizabeth Cason

Item 55: Palm & Hollister Apartments, Project No. PRJ-0698277.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAll costs associated with this action are paid from a deposit account maintained by the\napplicant.\nCouncil District(s) Affected: 8.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/1/2024, Item 330, Subitem E\n(Council voted 7-0, Councilmember Campbell and Councilmember Campillo-not\npresent):\n(O-2025-30)\nOrdinance rezoning 5.92 acres located within the Otay Mesa-Nestor Community Plan area\nfrom Residential Multiple (RM-1-1), Residential Single (RS-1-7), and Agricultural\nResidential (AR-1-2) zones to the Residential Multiple (RM-2-6) Zone.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDevelopment Services: Oscar Galvez III, (619) 446-5237\nCity Attorney Contact: Lauren Hendrickson

Item S500: Filipino American History Month. (Added 10/10/24)

Item S501: San Diego Chapter Japanese American Citizens League 95th Anniversary\nDay. (Added 10/10/24)

Item S502: San Diego Bird Alliance Day. (Added 10/10/24)

Item S503: Torrey Pines Rotary Club’s 60th Anniversary Day. (Added 10/10/24)

Item S504: First Amendment to the Contract with EPI Environmental Products, Inc. to Provide\nPolyethylene Film and Replacement Parts for the Enviro Cover System at the\nMiramar Landfill to Increase the Contract Amount and Extend the Contract for an\nAdditional Five-Year Term. (Added 10/10/24)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action is to extend the Contract an additional five (5) years and will add funding in\nan amount not-to-exceed $6,700,000, from the Refuse Disposal Enterprise Fund.\nCouncil District(s) Affected: 6.\nProposed Actions:\n(O-2025-36)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the First\nAmendment to the Contract with EPI Environmental Products, Inc. extending the\nContract five (5) years through February 20, 2029, and adding $3,815,000 to the Contract\nfor a total not-to-exceed amount of $6,700,000, to procure polyethylene film and\nreplacement parts for the Enviro Cover system at Miramar Landfill.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on September 12, 2024.\nACTION: Motion by Council Member Elo-Rivera, second by Chair LaCava, to move the\nitem to full Council with no recommendation from Committee.\nVOTE: 2-1; LaCava-yea, Elo-Rivera-yea, von Wilpert-nay, Campbell-not present.\nEnvironmental Services: James Hay, (858) 627-3321\nCity Attorney Contact: Nicole M. Denow