San Diego — 2024-10-29

Item 10: Approval of Council Minutes.\nProposed Actions:\nSubitem-A: Approval of Council Minutes for July 22, 2024.\nSubitem-B: Approval of Council Minutes for July 23, 2024.\nSubitem-C: Approval of Council Minutes for September 16, 2024.\nSubitem-D: Approval of Council Minutes for September 17, 2024.

Item 100: Request to Award Contract to Clean Harbors Environmental Services,\nInc., for Household Hazardous Waste Management, Transportation and\nDisposal Services for a Two-Year Term with Three One-Year Options to\nRenew in an Amount Not-to-exceed $20,000,000.\nTotal Estimated Cost of Proposed Action and Funding Source:\nAgreement has an initial two-year term with three one-year options. Total\ncontract amount over five years is not-to-exceed $20,000,000.00. Funding for\nFiscal Year 2025 is from the Refuse Disposal Enterprise Fund ($18,000.00), the\nRecycling Enterprise Fund ($2,476,010.00), and the CalRecycle Used Oil\nPayment Program Grant Fund ($24,990.00), for a total of $2,519,000.00.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2025-172)\nResolution determining that authorization of an agreement with Clean\nHarbors Environmental Services, Inc. for Household Hazardous Waste\nmanagement, transportation, and disposal services is categorically exempt\nfrom the California Environmental Quality Act under Title 14 California Code\nof Regulations Section 15308.\nSubitem-B: (R-2025-173)\nResolution authorizing an agreement with Clean Harbors Environmental\nServices, Inc. for Household Hazardous Waste management, transportation,\nand disposal services for a two-year term with three one-year options to\nrenew in an amount not-to-exceed $20 million and related funding actions.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on October 10,\n2024.\nACTION: Motion by Committee Member Elo-Rivera, second by Vice Chair von\nWilpert, to recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.\nEnvironmental Services: James Hay, Deputy Director, (858) 627-3321\nCity Attorney Contact: Jeanne MacKinnon

Item 101: Contract with All American Marine Inc. to Build a Replacement Ocean\nMonitoring Vessel.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe contract has a total not-to-exceed amount of $9,292,678.10. Funds will\nbe available, beginning in FY 2025, in the Metro Sewer Utility Fund ,\ncontingent upon adoption of the Annual Appropriation Ordinance for the\napplicable FY, and contingent upon the Chief Financial Officer furnishing one\nor more certificates certifying that funds necessary for expenditure are, or\nwill be, on deposit with the City Treasurer. The estimated amount to be spent\nin FY 2025 is $3,252,437.34.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-175)\nResolution authorizing the Mayor or designee to sign an agreement with All\nAmerican Marine Inc., in an amount not-to-exceed $9,292,678.10, to build a\nreplacement ocean monitoring vessel.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on October 10,\n2024.\nACTION: Motion by Vice Chair von Wilpert, second by Committee Member\nElo-Rivera, to recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present.\nPublic Utilities: Ryan Kempster, (619) 758-2329\nCity Attorney Contact: Bonny Hsu

Item 102: Award a Consultant Agreement, Contract #H2426335-M, to Kleinfelder\nInc. to Provide Professional Engineering Design and Design Support\nServices During Construction for the North/South Metro Interceptors\nRehab Project.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe cost of this agreement is not-to-exceed $4,483,362 for a term of 60\nmonths. The agreement will be funded by the Sewer Utility CIP Fund.\nCouncil District(s) Affected: 2, 3, 7, 8.\nProposed Actions:\n(R-2025-176)\nResolution authorizing the Mayor or designee to sign an agreement with\nKleinfelder Inc., in an amount not-to-exceed $4,483,362, to provide\nprofessional engineering design and design support services related to the\nNorth/South Metro Interceptors Rehab project.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure\nCommittee meeting on October 9, 2024.\nACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.\n(Rev.10/24/24)\nEngineering & Capital Projects: Shadi Sami, (619) 236-7306\nCity Attorney Contact: Bonny Hsu

Item 103: Award of Design-Build Phase-Funded Contract Agreement K-24-2131-\nDB2-3-C with Barnhart-Reese Construction for the Oak Park Library\nProject.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total phase-funded cost is $34,900,000.00; of which $4,621,096 is for\nPhase 1 and $30,278,904.00 for all subsequent phases. A $20,000,000\nCalifornia State Grant Fund is being utilized to award phase 1 of the design-\nbuild contract for the Oak Park Library project.\nCouncil District(s) Affected: 4.\nProposed Actions:\n(R-2025-189)\nResolution authorizing the Mayor, or his designee, to enter into a contract\nwith Barnhart-Reese Construction, in an amount not-to-exceed $34,900,000,\nto provide design and construction services for Oak Park Library and related\nactions.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure\nCommittee meeting on October 9, 2024.\nACTION: Motion by Committee Member Foster III, second by Chair Whitburn,\nto recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.\n(Rev. 10/24/24)\nEngineering & Capital Projects: Jason Grani, (619) 533-7525\nCity Attorney Contact: Dana C. Fairchild

Item 104: Authorization to Award a Construction Contract to Pacific Building\nGroup for the Purpose of Constructing Tenant Improvements for the\nDevelopment Services Department’s Leased Facility Located at 7650\nMission Valley Road.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action is to approve a construction contract in an amount not-to-exceed\nof $2,761,631 for the interior tenant improvements for Development Services\nDepartment operations located at 7650 Mission Valley Road. Funding is\navailable in the Development Services Enterprise Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2025-191)\nResolution determining the construction contract to Pacific Building Group\nfor the purpose of constructing tenant improvements for the Development\nServices Department’s leased facility located at 7650 Mission Valley Road is\nstatutorily exempt from the California Environmental Quality Act (CEQA)\npursuant to CEQA Guidelines section 15301, existing facilities, and that no\nexceptions to that exemption apply.\nSubitem-B: (R-2025-190)\nResolution authorizing the award of a construction contract for a not-to-\nexceed amount of $2,761,631 to Pacific Building Group for the purpose of\nconstructing tenant improvements for the Development Service\nDepartment’s leased facility located at 7650 Mission Valley Road.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee\nmeeting on October 16, 2024.\nACTION: Motion by Chair Lee, second by Committee Member Moreno, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Foster III-yea, Lee-yea, Moreno-yea, LaCava-not present.\nDevelopment Services: Rimah Khouri-Velez, (619) 466-5007\nCity Attorney Contact: Noah Brazier

Item 105: Award of Four (4) Stormwater Design As-Needed Agreement with TY Lin\nInternational, Michael Baker International, Black & Veatch and Wood\nRodgers, Inc.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSee Staff Report for fiscal considerations.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (R-2025-180)\nResolution authorizing an Agreement with TY Lin International Group, LTD.,\nfor as-needed Stormwater Design and Engineering Services, in an amount\nnot-to-exceed $10,000,000 over five years, and related funding actions.\nSubitem-B: (R-2025-181)\nResolution authorizing an Agreement with Michael Baker International LLC,\nfor as-needed Stormwater Design and Engineering Services, in an amount\nnot-to-exceed $10,000,000 over five years, and related funding actions.\nSubitem-C: (R-2025-182)\nResolution authorizing an Agreement with Black & Veatch Corporation, for as-\nneeded Stormwater Design and Engineering Services, in an amount not-to-\nexceed $10,000,000 over five years, and related funding actions.\nSubitem-D: (R-2025-183)\nResolution authorizing an Agreement with Wood Rodgers, Inc., for as-needed\nStormwater Design and Engineering Services, in an amount not-to-exceed\n$10,000,000 over five years, and related funding actions,\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure\nCommittee meeting on October 9, 2024.\nACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.\n(Rev.10/24/24)\nEngineering & Capital Projects: Carrie Purcell, (619) 533-5124\nCity Attorney Contact: Ray Palmucci

Item 106: Increase CIP Budget in S-00869 by $2,530,000 and Encumber an\nAdditional $12,670,000 for Total City Funding of $15,200,000, and Execute\nConstruction COOP Agreement with California Dept of Transportation\n(Caltrans) for the Administration, Advertisement, and Award of the\nPalm Ave I-805 Interchange Project.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe Construction Cooperative Agreement totals $39,200,00.00, of which\n$24,000,000.00 is being federally funded by the Bridge Investment Program\nGrant, with the remaining $15,200,000.00 being funded by the City, by the\nTransnet Extension RTCI Fee Fund, the Otay Mesa Facilities Benefit\nAssessment Fund, the Otay Mesa Local Mobility Development Impact Fee\nFund, and the Otay Mesa Development Impact Fee Fund.\nCouncil District(s) Affected: 8.\nProposed Actions:\n(R-2025-192)\nResolution approving a Construction Cooperative Agreement with the\nCalifornia Department of Transportation (Caltrans) for the Administration,\nAdvertisement, and Award of the Palm Avenue / I-805 Interchange Project in\nan amount not-to-exceed $39,200,000 and related actions.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure\nCommittee meeting on October 9, 2024.\nACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.\n(Rev. 10/24/24)\nEngineering & Capital Projects: George Ghossain, (619) 533-4397\nCity Attorney Contact: Ryan P. Gerrity

Item 107: A Resolution of the Council of the City of San Diego Approving Two\nAgreements Between the City of San Diego and the San Diego Police\nOfficers Association to Amend Their Memorandum of Understanding for\nFiscal Years 2025 and 2026 Related to the Restructure of San Diego\nPolice Department Management and Holiday Pay.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no anticipated fiscal impacts related to this action for Subitem 1.\nThere are no material fiscal impacts related to this action for Subitem 2.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-196)\nResolution approving two agreements between the City of San Diego and the\nSan Diego Police Officers Association to amend their Memorandum of\nUnderstanding for Fiscal Years 2025 and 2026 related to the restructure of\nthe San Diego Police Department Management and Holiday Pay.\n6 votes required pursuant to Charter Section 11.2.\nCommittee Actions Taken: N/A\nHuman Resources: Erik Hanson, (619) 807-6269\nCity Attorney Contact: Joan F. Dawson

Item 108: Adopting an Amended Conflict of Interest Code for the Communications\nDepartment.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no costs associated with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-165)\nResolution adopting an amended Conflict of Interest Code for the\nCommunications Department.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCommunications: Nicole Darling, (619) 236-7064\nCity Attorney Contact: Jose A Garcia

Item 109: Adopting an Amended Conflict of Interest Code for the Department of\nFinance.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no City expenditure being approved with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-154 Cor. Copy)\nResolution adopting an amended Conflict of Interest Code for the\nDepartment of Finance.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDebt Management: Samantha Weisman, (619) 533-6491\nCity Attorney Contact: Hilda R. Mendoza

Item 110: Adopt an Amended Conflict of Interest Code for the San Diego Housing\nCommission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action has no fiscal impact.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-155 Cor. Copy)\nResolution adopting an amended Conflict of Interest Code for the San Diego\nHousing Commission.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nHousing Commission: Chuck Christensen, (619) 578-7179\nCity Attorney Contact: Hilda R. Mendoza

Item 111: Adopting an Amended Conflict of Interest Code for the Engineering and\nCapital Projects Department.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no City expenditure being approved with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-136 Cor. Copy)\nResolution adopting an amended Conflict of Interest Code for the Engineering\nand Capital Projects Department.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nEngineering & Capital Projects: Mark Gonzalez, (619) 533-4180\nCity Attorney Contact: Hilda R. Mendoza

Item 112: Amended Conflict of Interest Code for the Transportation Department.\nTotal Estimated Cost of Proposed Action and Funding Source: None.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-170)\nResolution adopting an amended Conflict of Interest Code for the\nTransportation Department.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nTransportation Department: Julio Canizal, (619) 235-5717\nCity Attorney Contact: Hilda R. Mendoza

Item 113: Adopting an Amended Conflict of Interest Code for the Economic\nDevelopment Department.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no City expenditure being approved with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-171)\nResolution adopting an amended Conflict of Interest Code for the Economic\nDevelopment Department.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: Hilda R. Mendoza

Item 114: Adopting an Amended Conflict of Interest Code for the Department of\nReal Estate and Airport Management.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no City expenditure being approved with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-169)\nResolution adopting an amended Conflict of Interest Code for the Real Estate\nand Airport Management Department.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: Hilda R. Mendoza

Item 115: Adopting an Amended Conflict of Interest Code for the Purchasing &\nContracting Department.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no City expenditure being approved with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-174)\nResolution adopting an amended Conflict of Interest Code for the Purchasing\nand Contracting Department.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nPurchasing & Contracting: Claudia Abarca, (619) 236-5921\nCity Attorney Contact: Hilda R. Mendoza

Item 116: Appointment of the City’s Management Team for the Purposes of\nMeeting and Conferring with the City’s Recognized Employee\nOrganizations.\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-2025-164 Cor. Copy)\nResolution designating the City of San Diego's management team for labor\nnegotiations with the City's recognized employee organizations.\nCommittee Actions Taken: N/A\nHuman Resources: Hannah Filley, (760) 912-2441\nCity Attorney Contact: Miguel Merrell

Item 117: Settlement of Joan Savarese v. City of San Diego, San Diego Superior\nCourt No. 37-2022-00012275-CU-PO-CTL, Risk No. 28345.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $75,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-132)\nResolution authorizing the settlement of Joan Savarese v. City of San Diego,\nSan Diego Superior Court Case No. 37-2022-00012275-CU-PO-CTL, related to\na claim for personal injury damages from a trip and fall accident on the\nsidewalk at 5060 Newport Avenue in the City of San Diego on June 27, 2021.\nClaim No. 28345.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: John P. Pearson, (619) 533-6193

Item 118: Orion Construction v. City of San Diego, et al., San Diego Superior Court\nNo. 37-2023-00033084-CU-CO-CTL, Claim No 23751.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $1,218,943.89 from Water Utility Fund and $41,056.11\nfrom Muni Sewer Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-126)\nResolution authorizing the settlement of Orion Construction v. City of San\nDiego, et al., San Diego Superior Court No. 37-2023-00033084-CU-CO-CTL,\nrelated to an alleged breach of contract. Risk Claim No. 23751.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jon Taylor, (619) 235-5898

Item 119: Settlement of Elizabeth Murphy v. City of San Diego, San Diego Superior\nCourt No. 37-2023-00007718 CU-PO-CTL, Claim No. 28998.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $115,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: 2.\nProposed Actions:\n(R-2025-158)\nResolution authorizing the settlement of Elizabeth Murphy v. City of San\nDiego, San Diego Superior Court No. 37-2023-00007718 CU-PO-CTL, related to\na claim of personal injuries arising out of an alleged dangerous condition of\npublic property. Risk Claim No. 28998.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Sarah A. Wigdor-Roberts, (619) 533-5854

Item 120: Appointment to the Airports Advisory Committee.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: Outside of City limits.\nProposed Actions:\n(R-2025-177)\nResolution confirming the Mayor's appointment of Jason Ponchetti to the\nAirports Advisory Committee for a term ending February 28, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 121: Appointments to the Community Reinvestment Advisory Review\nCommittee.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 1, 3, 9.\nProposed Actions:\n(R-2025-178)\nResolution confirming the Mayor's appointments of Joel Celestin and Peter\nMayne Cline for terms ending June 30, 2026, and Stephen Samuels and Fred\nSotelo for terms ending June 30, 2028, to the Community Reinvestment\nReview Advisory Committee.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 30: LGBTQ+ History Month.

Item 31: Marine Safety Lieutenant Lonnie Booker Stephens Day.

Item 32: Breast Cancer Awareness Month.

Item 33: 25th Annual San Diego Asian Film Festival Week.

Item 330: Settlement of San Diego County Air Pollution Control District for Notice\nof Violation No. APCD2022-NOV-000430 Dated June 27, 2022.\nThis item will be considered in the morning session which is scheduled\nto begin at 10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $700,000.00 will be paid from the General Fund.\nCouncil District(s) Affected: 9.\nProposed Actions:\n(R-2025-162 Cor. Copy) (Rev.10/24/24)\nResolution authorizing the settlement of San Diego County Air Pollution\nControl District for Notice of Violation No. APCD2022-NOV-000430 dated June\n27, 2022, alleging violations of Rule 10 (operating without air permit) and Rule\n51 (air emission nuisance at the Police Pistol Range on Federal Blvd.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Frederick Ortlieb, (619) 236-6318

Item 34: Positive Parenting Program Day.

Item 35: Ruben Torres Day.

Item 50: Second Amendment to the Funding Agreement with the San Diego\nCounty Water Authority for the Hodges Watershed Improvement\nProject.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis is a Second Amendment to the agreement with the San Diego County\nWater Authority for the Hodges Watershed Improvement Project, to extend\nthe term of agreement through January 31, 2025. The cost share has\npreviously been paid.\nCouncil District(s) Affected: 5.\nProposed Actions:\n(O-2025-47)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to\nexecute Amendment No. 2 to the Contract with the San Diego County Water\nAuthority, extending the Contract through January 31, 2025 and update the\ncosts, schedule and terms, in connection with the Hodges Watershed\nImprovement Project.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on October 10,\n2024.\nACTION: Motion by Vice Chair von Wilpert, second by Committee Member\nElo-Rivera, to recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; LaCava-yea, von Wilpert-yea, Elo-Rivera-yea, Campbell-not present\nPublic Utilities: Adam Jones, (858) 614-4030\nCity Attorney Contact: Justin Stanek

Item 51: Award a Construction Contract, K-24-2115-DBB-3-A-C to Reyes\nConstruction, Inc. and Extend the Contract Duration Beyond Five Years\nfor the Purpose of Providing Construction Services for the South Mission\nBeach Storm Drain and Green Infrastructure Project.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe total cost for this action is $63,747,832.00, funding source: Clean Water\nState Revolving Fund (SRCWF), Water Infrastructure Finance and Innovation\nAct (WIFIA), and TransNet.\nCouncil District(s) Affected: 2.\nProposed Actions:\n(O-2025-46)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to enter\ninto an Agreement with Reyes Construction, Inc., in an amount not-to-exceed\n$63,747,832, to provide construction services, related to the South Mission\nBeach Storm Drain and Green Infrastructure project.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure\nCommittee meeting on October 9, 2024.\nACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.\n(Rev. 10/24/24)\nEngineering & Capital Projects: Jayna Straughn, (619) 607-5046\nCity Attorney Contact: Dominic Guglielmo

Item 52: Award a First Amendment to the Consultant Agreement with Platt\nWhitelaw Architects, Inc., with the Purpose of Providing Professional\nServices for the Design and Construction Support of Mira Mesa\nCommunity Park Phase 2 Improvements Project (Contract No. H186977).\nTotal Estimated Cost of Proposed Action and Funding Source:\n$235,490.00 from CIP Mira Mesa Community Park Improvements Pool &\nSkate Plaza Ph2, Mira Mesa Development Impact Fee (DIF)\nCouncil District(s) Affected: 6.\nProposed Actions:\n(O-2025-49)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to\nexecute the First Amendment to the Contract with Platt Whitelaw Architects,\nInc., for additional design and construction services in an amount not-to-\nexceed $235,490, and extend the term of the Agreement an additional three\nyears, in connection with the Mira Mesa Community Park Phase II\nImprovements project.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure\nCommittee meeting on October 9, 2024.\nACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-not present.\n(Rev.10/24/24)\nEngineering & Capital Projects: Jason Grani, (619) 533-7525\nCity Attorney Contact: Dana C. Fairchild

Item 53: This Item has been moved to 10am Discussion Agenda and is now\nS500. (Rev. 10/23/24)

Item 54: Amendments to the Municipal Code Regarding Administrative Fines\nAssessed by the Ethics Commission.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2025-28)\nIntroduction of an Ordinance amending Chapter 2, Article 6, Division 4 of the\nSan Diego Municipal Code by amending section 26.0440, relating to\nadministrative fines assessed by the Ethics Commission.\nCommittee Actions Taken:\nThis item was heard at the Rules Committee meeting on October 2, 2024.\nACTION: Motion by Vice Chair LaCava, second by Committee Member Lee, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Elo-Rivera-yea, LaCava-yea, Lee-yea, Moreno-yea, Campillo-not\npresent.\nEthics Commission: Sharon Spivak, (619) 533-3476\nCity Attorney Contact: Hilda R. Mendoza

Item 55: Amendments to the San Diego Municipal Code Concerning the\nRegulation of Pedicabs.\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 10/14/2024, Item\n200 (Council voted 8-0, Councilmember Campbell-not present):\n(O-2025-40)\nOrdinance amending Chapter 3, Article 3, Division 46 of the San Diego\nMunicipal Code by amending Sections 33.4602, 33.4604, 33.4605, 33.4608,\n33.4609, 33.4610, 33.4612, 33.4613, 33.4618, 33.4619, 33.4620, 33.4621,\n33.4622, 33.4623, and 33.4624; and amending Chapter 8, Article 3, Division 1\nof the San Diego Municipal Code by amending sections 83.0101, 83.0102,\n83.0104, 83.0105, 83.0106, and 83.0107, all related to pedicabs.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure\nCommittee meeting on July 17, 2024.\nACTION: Motion by Chair Whitburn, second by Vice Chair LaCava, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Whitburn-yea, LaCava-yea, Foster III-yea, von Wilpert-yea.\nCouncil District 3: Terrence Sullivan, (619) 236-3366\nCity Attorney Contact: Michelle Garland

Item 56: First Amendment to the Contract with EPI Environmental Products, Inc.\nto Provide Polyethylene Film and Replacement Parts for the Enviro\nCover System at the Miramar Landfill to Increase the Contract Amount\nand Extend the Contract for an Additional Five-Year Term.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action is to extend the Contract an additional five (5) years and will add\nfunding in an amount not-to-exceed $6,700,000 from the Refuse Disposal\nEnterprise Fund.\nCouncil District(s) Affected: 6.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/15/2024, Item\nS504 (Council voted 7-1, Councilmember von Wilpert-nay, Councilmember\nCampbell-not present):\n(O-2025-36)\nOrdinance authorizing the Mayor, or his designee, to execute the First\nAmendment to the Contract with EPI Environmental Products, Inc. extending\nthe Contract five (5) years through February 20, 2029, and adding $3,815,000\nto the Contract for a total not-to-exceed amount of $6,700,000, to procure\npolyethylene film and replacement parts for the Enviro Cover system at\nMiramar Landfill.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on September\n12, 2024.\nACTION: Motion by Council Member Elo-Rivera, second by Chair LaCava, to\nmove the item 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

Item 57: Award a Contract to Sherpa Government Solutions LLC for Budgeting\nand Forecasting System, Implementation, and Ongoing Support.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action is requesting budgeting and forecasting software as a service\n(SaaS), including implementation, and ongoing support, from Sherpa\nGovernment Solutions LLC in the amount not-to-exceed $4,263,912.82 for\nfive years, with a city option for five additional one-year periods. Refer to\naccounting table for details.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/8/2024, Item 50\n(Council voted 7-0, Councilmember Campbell-not present and\nCouncilmember Moreno-not present):\n(O-2025-29)\nOrdinance authorizing the Mayor, or designee, to enter into an Agreement\nwith Sherpa Government Solutions LLC for its budgeting and forecasting\nsystem in a total amount not-to-exceed $4,263,912.82 for up to ten years.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee\nmeeting on September 11, 2024.\nACTION: Motion by Committee Member Moreno, second by Chair Lee, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.\nDepartment of Finance: Benjamin Battaglia, (619) 533-3717\nCity Attorney Contact: Bret A. Bartolotta

Item 58: Master Lease Agreement to Finance One Fire-Rescue Helicopter and\nGeneral Fund Vehicles and Equipment.\nTotal Estimated Cost of Proposed Action and Funding Source:\nPlease refer to the Fiscal Considerations section of the Staff Report.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 10/8/2024, Item 330\n(Council voted 7-0, Councilmember Campbell-not present and\nCouncilmember Moreno-not present):\n(O-2025-39)\nOrdinance approving the City of San Diego’s Master Lease Agreement with\nBanc of America Public Capital Corporation for the purpose of financing one\nFire-Rescue helicopter and certain essential vehicles and equipment in an\namount not-to-exceed $40,000,000 and declaring its official intent to\nreimburse itself from the proceeds of tax-exempt lease-purchase obligations.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee\nmeeting on September 11, 2024.\nACTION: Motion by Committee Member Moreno, second by Chair Lee, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Foster III-yea, Moreno-yea.\nDepartment of Finance: Jyothi Pantulu, (619) 236-6917\nCity Attorney Contact: Marguerite Middaugh

Item 60: This Item has been moved to 10am Discussion Agenda and is now\nS501. (Rev. 10/23/24)

Item S500: Drinking Water State Revolving Fund Loan to the City of San Diego’s\nWater System for the Lead Service Line Inventory and Investigation\nProject. (Added 10/23/24)\nThis item will be considered in the morning session which is scheduled\nto begin at 10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe estimated amount of the loan is reasonably expected not to exceed $8\nmillion, which will be repaid by the Water Utility Fund over a 10 year period at\n0% interest. See Fiscal Considerations section in staff report.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2025-4)\nIntroduction of an Ordinance authorizing the Mayor or designee to\nimplement a Drinking Water State Revolving Fund Loan in an amount\nreasonably expected not to exceed $8 million to facilitate the funding of the\nLead Service Line Inventory and Investigation Project.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee\nmeeting on October 16, 2024.\nACTION: Motion by Chair Lee, second by Committee member Moreno, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Foster III-yea, Lee-yea, Moreno-yea, LaCava-not present.\nDebt Management: Allison Falkenstein, (619) 533-4516\nCity Attorney Contact: Bret A. Bartolotta

Item S501: Water Revenue Commercial Paper Program Letter of Credit Extension.\n(Added 10/23/24)\nThis item will be considered in the morning session which is scheduled\nto begin at 10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSee "Fiscal Considerations" section of Staff Report.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nSubitem-A: (O-2025-48)\nIntroduction of an Ordinance authorizing the execution of the First\nAmendment to Reimbursement Agreement between the City and Bank of\nAmerica, N.A to extend the term of its direct-pay letter of credit to support\nthe Public Facilities Financing Authority of the City of San Diego's\nSubordinated Water Revenue Commercial Paper Notes; and other related\nactions.\nSubitem-A: 6 votes required pursuant to Charter Section 99.\nSubitem-B: (R-2025-188 Cor. Copy) (Rev. 10/23/24)\nResolution authorizing the execution of a Reimbursement Agreement\ndeclaring the City’s official intent to use proceeds from debt obligations to\nreimburse itself for eligible capital expenditures advanced by the City’s Water\nUtility Fund.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee on\nOctober 16, 2024.\nACTION: Motion by Chair Lee, second by Committee Member Moreno, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Foster III-yea, Lee-yea, Moreno-yea, LaCava-not present.\nDebt Management: Allison Falkenstein, (619) 533-4516\nCity Attorney Contact: David Powell

Item S502: Agreement Satisfying and Terminating Obligations Under 2004 Transfer\nAgreement and Amending 2004 City Option, in Relation to Property\nLocated at 1100 Kettner Boulevard. (Added 10/23/24)\nThis item will be considered in the morning session which is scheduled\nto begin at 10:00 a.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nMCASD will cause $150,000 to be transferred to the City in satisfaction of its\nfinancial obligation under the 2004 Transfer Agreement for the Public Access\nImprovements associated with the B Street Corridor Improvement project.\nThese funds will be deposited into a dedicated account to be used by the\nSuccessor Agency or its authorized agent to fund the completion of the Public\nAccess Improvements.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(R-2025-208)\nResolution approving the Agreement Satisfying and Terminating Obligations\nUnder 2004 Transfer Agreement and Amending 2004 City Option, in relation\nto the museum site at 1100 Kettner Boulevard in downtown San Diego, and\nauthorizing related actions.\nCommittee Actions Taken: N/A\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: Kevin Reisch

Item S503: California Coastal Commission’s Modifications to the Otay Mesa-Nestor\nCommunity Plan Amendment and Local Coastal Program Amendment\nfor the Bella Mar Apartments Project Site. (Added 10/24/24)\nThis item will be considered in the afternoon session which is scheduled\nto begin at 2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNone, all costs associated with this project are recovered from a deposit\naccount funded by the applicant\nCouncil District(s) Affected: 8.\nProposed Actions:\nThe proposed project is to adopt an amendment to the Otay Mesa-Nestor\nCommunity Plan and Local Coastal Program that includes the California\nCoastal Commission's requested modifications. This action relates to the City\nCouncil’s previous approval of: a General Plan Amendment to re-designate a\n14.62-acre site located at 408 Hollister Street; Otay Mesa-Nestor Community\nPlan Amendment; Rezone from Agriculture-Residential (AR-1-2) and Open\nSpace (OF-1-1) to Residential Multiple-Unit (RM-2-5); a Local Coastal Program\nAmendment; and a San Diego Municipal Code (SDMC) amendment to Chapter\n13, Article 2, Division 4 to revise the Coastal Overlay Zone map to re-\ndesignate the site from “Coastal Deferred Certification” to “Bella Mar Site –\nArea Removed from Coastal Deferred Certification" related to the Bella Mar\nApartments Project.\n(R-2025-198)\nResolution adopting an amendment to the Otay Mesa-Nestor Community\nPlan and Local Coastal Program approving modifications by the California\nCoastal Commission.\nCommittee Actions Taken: N/A\nDevelopment Services: Martin R. Mendez, (619) 446-5309\nCity Attorney Contact: Lauren Hendrickson

Item S504: Approval of a First Amendment to Leasehold Development Agreement\nwith San Diego Airpark, LLC Relating to a Total of 331 Acres of City-\nOwned Real Property at Brown Field Municipal Airport, and Second\nAmendments to 59 Flat Rate Parcel Ground Lease and Right of Entry\nLicense Agreements with San Diego Airpark, LLC Relating to a Total of\n207.56 Acres of the Property. (Added 10/24/24)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no City expenditure being approved with this action.\nCouncil District(s) Affected: 8.\nProposed Actions:\n(R-2025-201)\nResolution of the Council of the City of San Diego approving a First\nAmendment to Leasehold Development Agreement with San Diego Airpark,\nLLC relating to a total of 331 acres of City-owned real property at Brown Field\nMunicipal Airport, and Second Amendments to 59 Flat Rate Parcel Ground\nLease and Right of Entry License Agreements with San Diego Airpark, LLC\nrelating to approximately 207.56 acres of the property.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on\nOctober 17, 2024.\nACTION: Motion by Vice Chair LaCava, second by Committee Member\nWhitburn, to recommend Council approval of staff's proposed actions.\nVOTE: 3-0; Lee-yea, LaCava-yea, Whitburn-yea, Moreno-not present.\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: William W. Witt