San Diego — 2024-01-09

Item 100: Settlement of Samuel Ellis v. City of San Diego, San Diego Superior Court Case No.\n37-2022-00032566-CU-PO-CTL, Claim No. 29108.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $275,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-233)\nResolution authorizing the settlement of Samuel Ellis v. City of San Diego, San Diego\nSuperior Court Case No. 37-2022-00032566-CU-PO-CT, related to claim of personal\ninjury arising from an alleged dangerous condition in front of 3059 Ocean View\nBoulevard in the City of San Diego on September 11, 2021. Risk Claim No. 29108.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Dave E. Abad, (619) 533-5821\nCity Attorney Contact: Dave E. Abad

Item 101: Settlement of Brookie Rocha v. City of San Diego, et al., United States District Court\nCase No. 23cv00885-CAB-JLB, Claim No. 29254.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $78,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-227)\nResolution authorizing the settlement of Brookie Rocha v. City of San Diego, et al.,\nUnited States District Court, No. 23cv00885-CAB-JLB, alleging injuries as a result of a\nfailure to provide medical care following the application of pepper spray on March 7,\n2022. Claim No. 22819.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jacqueline J. McQuarrie, (619) 533-5910\nCity Attorney Contact: Jacqueline J. McQuarrie

Item 102: Appointment 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: Outside City Limits\nProposed Actions:\n(R-2024-266)\nResolution confirming the Mayor's appointment of Timothy Shields to the Balboa Park\nCommittee for a term ending March 1, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 103: 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\nCouncil District(s) Affected: N/A\nProposed Actions:\n(R-2024-250)\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: Zeta Phi Beta Sorority, Incorporated Day.

Item 31: San Diego District Tennis Association 50th Anniversary Month.

Item 330: Authorization for the retention of Nixon Peabody LLP as Outside Counsel for Legal\nMatters Related to the City’s Sewer Utility.\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:\nCompensation for as-needed outside counsel (OC) services in an amount not-to-exceed\n$560,000 over the 5-year term of the agreement will be payable from bond proceeds as a\ncost of issuance whenever possible, otherwise, the Sewer Enterprise Fund will bear the\nresponsibility of paying invoices for OC services.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-267)\nResolution authorizing the retention of Nixon Peabody LLP as Outside Counsel.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: David Powell, (619) 235-5894\nCity Attorney Contact: David Powell

Item 331: Authorization for the Library Department to Accept, Appropriate, and Expend\nGrant Funding From the California State Library for Construction of the New Oak\nPark Branch Library.\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:\n$9,090,913.00 of awarded State of California Grant funds will be deposited in and\nexpended from Fund 600001 (Grant Funds State) for construction of CIP S-22011 (Oak\nPark Branch Library).\nCouncil District(s) Affected: 4.\nProposed Actions:\n(R-2024-265)\nResolution authorizing the Mayor or designee to make application to the California State\nLibrary and take all necessary actions to secure funding in an amount not-to-exceed\n$9,090,913 in Fund 600001, for the construction of a new Oak Park Branch Library;\nAuthorizing the Chief Financial Officer to increase the Capital Improvements Program\nBudget, and to accept, appropriate and expend an amount not-to-exceed $9,090,913, for\nthe purpose of constructing a new Oak Park Branch Library, contingent upon receipt of a\nfully executed Grant Agreement if the Grant funding is secured.\nCommittee Actions Taken: N/A\nLibrary: Raul Gudino, (619) 236-5889\nCity Attorney Contact: Ken So

Item 332: Authorize a Grant Agreement with the State Coastal Conservancy (SCC) to Accept\nGrant Funding for the Coastal Resilience Master Plan.\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:\nCity Council authorization to accept this grant will result in grant funding up to, and not\nexceeding, $1,072,000 of SCC grant funds to support additional development and\noutreach for the City’s Coastal Resilience Master Plan. The City will provide $100,400 in\nmatching funds, which is anticipated to be met with in-kind staff time matching funds\nfrom the City Planning Department’s General Fund budget.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-272)\nResolution authorizing the acceptance, appropriation, and expenditure of State Coastal\nConservancy grant funds for the Coastal Resilience Master Plan.\nCommittee Actions Taken: N/A\nPlanning/Environmental Analysis: Jordan Moore, (619) 236-5061\nCity Attorney Contact: Lindsey H. Sebastian

Item 333: All Peoples Church - Project No. 636444.\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:\nNone with this action. All costs with the processing of this project are paid from a deposit\naccount maintained by the applicant.\nCouncil District(s) Affected: 7.\nProposed Actions:\nGeneral Plan and Community Plan Amendment; Planned Development Permit; Site\nDevelopment Permit; Tentative Map; Revestment of Access Rights; and Easement\nVacations to allow for the construction and operation of a 54,476-square-foot (SF), two-\nstory church building and a 71,010 SF, two-level parking garage and surface parking areas\non an approximately 5.99-acre site. The church use includes a 900-seat sanctuary space\nwith accessory uses (i.e., Sunday school classrooms, offices, and a multi-purpose\nroom/gym), and various site improvements, such as a traffic signal, hardscape\nimprovements, landscaping, and utility connections (All Peoples Church Project).\nSubitem-A: (R-2024-241 Cor. Copy) (Rev. 1/3/24)\nResolution Certifying Environmental Impact Report No. 636444/SCH No. 2021100394\nand Adopt Findings, and a Mitigation, Monitoring, and Reporting Program for the All\nPeoples Church Project.\nSubitem-A is not subject to the Mayor's veto.\nSubitem-B: (R-2024-240)\nResolution approving an Amendment to the General Plan and the Navajo Community\nPlan for the All Peoples Church Project.\nSubitem-B is not subject to the Mayor's veto.\nSubitem-C: (R-2024-242)\nResolution granting Site Development Permit and Planned Development Permit for the\nAll Peoples Church Project.\nSubitem-C is not subject to the Mayor's veto.\nSubitem-D: (R-2024-239 Cor. Copy) (Rev. 1/3/24)\nResolution approving the Tentative Map No. 2490918 with Easement Vacations\nNo.2292340 and revestment of access rights for the All Peoples Church Project. (Rev.\n1/4/24)\nSubitem-D is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDevelopment Services: Martha Blake, (619) 446-5375\nCity Attorney Contact: Shannon Eckmeyer

Item 50: First Amendment to the Consulting Agreement with Nathan Page for the Cañon\nStreet Pocket Park Public Art Project (H176929).\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action appropriates $6,600 from the Peninsula Urban Community Development\nImpact Fees (DIF) Fund, for a total project amount of $36,600.\nCouncil District(s) Affected: 2.\nProposed Actions:\n(O-2024-32)\nIntroduction of an Ordinance authorizing the Mayor, or his designee, to execute the First\nAmendment to the Consulting Agreement with artist Nathan Page, extending the\nConsulting Agreement through May 1, 2026, in connection with the Cañon Street Pocket\nPark Public Art Project.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Economic Development & Intergovernmental Relations\nCommittee meeting on December 6, 2023.\nACTION: Motion by Committee Member Campbell, second by Committee member Lee,\nto recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Campillo-yea, Campbell yea, Lee-yea.\nCommission for Arts and Culture: Christine Jones, (619) 236-6661\nCity Attorney Contact: Ken So

Item 51: Approval of the Second Amendment to the Contract and Master Service Agreement\nBetween the City of San Diego and zColo, LLC for CoLocation Services.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis action increases the not-to-exceed amount of the contract by $900,000 from\n$3,100,000 to $4,000,000. Expenditures will be made, Citywide, from General and Non-\nGeneral fund sources, as needed.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 12/5/2023, Item 50 (Council\nvoted 8-0, District 4-Vacant):\n(O-2024-44)\nOrdinance authorizing the Mayor, or his designee, to execute the Second Amendment to\nthe Agreement with zColo, LLC, for data center colocation services.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Budget and Government Efficiency Committee meeting on\nNovember 17, 2023.\nACTION: Motion by Chair Montgomery Steppe, second by Vice Chair Moreno, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-not present.\nDepartment of Information Technology: Jonathan Behnke, (619) 533-3637\nCity Attorney Contact: Steven Lastomirsky

Item 52: Establishment of Kearny Mesa and San Ysidro Community Parking Districts.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNo budgetary adjustments are included as part of this action. Future funding for the\ncommunity parking districts will be considered as part of the Fiscal Year 2025 annual\nbudget process.\nCouncil District(s) Affected: 6, 8.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 12/5/2023, Item 60, Subitem B,\n(Council voted 8-0, District 4-Vacant):\n(O-2024-40)\nOrdinance of the Council of the City of San Diego establishing parking meter zones in\nKearny Mesa and San Ysidro Community Parking Districts.\nCommittee Actions Taken:\nThis item was heard at the Active Transportation and Infrastructure Committee meeting\non October 20, 2023.\nACTION: Motion by Committee Member Montgomery Steppe, second by Committee\nMember von Wilpert, to recommend Council approval of staff’s proposed actions.\nVOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.\nSustainability and Mobility: Krystal Ayala, (619) 236-7079\nCity Attorney Contact: Kate Malcolm

Item 53: Second Amendment to Agreement with Colantuono, Highsmith & Whatley to\nProvide Continued Legal Services as Panel Outside Counsel.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe proposed Second Amendment to the LSA is an increase of $250,000, for a contract\ntotal amount not-to-exceed $750,000. Funding will come from Municipal Sewer for time\nspent on Allred, or from Water Fund for time spent on Patz.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 12/5/2023, Item 331, (Council\nvoted 8-0, District 4-Vacant):\n(O-2024-35 Cor. Copy)\nOrdinance authorizing the Second Amendment to the legal services agreement between\nthe City and Colantuono, Highsmith & Whatley, PC to increase the total not-to-exceed\namount to $750,000 from $500,000. The $250,000 increase is necessary to continue work\nthe Law Firm is currently performing on behalf of the City, which includes defending the\nCity in the active litigation matter Allred v. City of San Diego, a Proposition 218 case\nchallenging the City’s fee structure for the Industrial Wastewater Control Program. The\nfirm will also assist the City in defending the lawsuit Patz v. City of San Diego, a case\nchallenging the City’s tiered rate structure for water rates.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-5800\nCity Attorney Contact: M. Travis Phelps

Item 54: Modification Five to the Ground Lease between the City of San Diego and the United\nStates of America for the Miramar Landfill.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no cost associated with this action.\nCouncil District(s) Affected: 6.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 12/11/2023, Item 600, (Council\nvoted 8-0, District 4-Vacant):\n(O-2024-47)\nOrdinance approving a Fifth Modification to the Ground Lease with the United States\nDepartment of the Navy for the Miramar Landfill\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nDepartment of Real Estate and Airport Management: Karen Johnson, (619) 236-6191\nCity Attorney Contact: Frederick M. Ortlieb

Item 55: Approval of the Joint Use Agreements Between the City and San Diego Unified\nSchool District for Audubon K-8, Dana Middle, Garfield Elementary, Language\nAcademy, Marston Middle, and Standley Middle Schools.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe City’s annual maintenance of these joint use facilities per the terms of the agreements\nis included in the current Parks and Recreation Annual Department Budget.\nThe City's one-time expense for the Language Academy synthetic turf replacement project\nis included in the Parks and Recreation FY 24 Annual Department Budget.\nCouncil District(s) Affected: 2, 3, 4, 6, 9.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 12/12/2023, Item 60, Subitem A,\n(Council voted 8-0, Distric 4- Vacant):\n(O-2024-45 Cor.Copy)\nOrdinance authorizing the Mayor, or his designee, to enter into Agreements with the San\nDiego Unified School District to provide operation, maintenance, and use of joint use\nfacilities at 6 schools in San Diego (Audubon K - 8, Dana Middle School, Garfield\nElementary School, Marston Middle School, Stanley Middle School, and the Language\nAcademy).\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Community and Neighborhood Services Committee meeting\non November 02, 2023.\nACTION: Motion by Committee Member Whitburn, second by Vice Chair Elo-Rivera,\nto recommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Campbell-yea, Elo-Rivera-yea, Whitburn-yea, Campillo-not present.\nParks & Recreation: Shannon Scoggins, (619) 236-6894\nCity Attorney Contact: Catherine Morrison

Item 56: Recommend Adoption of the Proposed Amendments to the Land Development Code,\nLocal Coastal Program, and Resolution R-313282 (Neighborhood Enhancement\nFund) to Implement Housing Action Package 2.0.\nTotal Estimated Cost of Proposed Action and Funding Source:\nCosts associated with implementation of this ordinance would be covered by project\napplicants.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was amended by council action by interlineation at\nthe time of introduction on 12/12/2023, Item 335, Subitem A, (Council voted 7-1,\nCouncilmember Campbell-nay, District 4-Vacant):\nThis action proposes the adoption of the Housing Action Package 2.0 (HAP 2.0). HAP 2.0\namends the San Diego Municipal Code by implementing recently adopted state law,\nrevising accessory dwelling unit regulations, and amending existing affordable housing\nprograms, including, but not limited to, Complete Communities Housing Solutions, to\nencourage new homes on public and private land and for a variety of housing product\ntypes, including families, students, and individuals. HAP 2.0 also phases out previously\nconforming incompatible uses located near residential uses within the San Diego Promise\nZone. Ordinance amending the Land Development Code and Local Coastal Program,\nResolution amending the Neighborhood Enhancement In Lieu Fee, and Resolution\ndetermining the approval of amendments revising the City’s Accessory Dwelling Unit\nHome Density Program is exempt from the California Environmental Quality Act\npursuant to Section 15282(h).\n(O-2024-41 Rev. Cor.Copy 3)\nOrdinance amending Chapter 11, Article 3, Division 1 of the San Diego Municipal Code\nby amending Section 113.0103; amending Chapter 12, Article 7, Division 1 by amending\nSection 127.0108 and adding Section 127.0112; amending Chapter 13, Article 1, Division\n4 by amending Sections 131.0420, 131.0422, and 131.0449; amending Chapter 13, Article\n1, Division 5 by amending Section 131.0522; amending Chapter 13, Article 1, Division 7\nby amending Section 131.0707; amending Chapter 14, Article 1, Division 3 by retitling\nand amending Sections 141.0302 and 141.0305 and adding Section 141.0319; amending\nChapter 14, Article 2, Division 5 by amending Sections 142.0501, 142.0505, 142.0520,\nand 142.0525, retitling and amending Section 142.0528, amending Section 142.0530, and\nretitling and amending Section 142.0531; amending Chapter 14, Article 2, Division 6 by\namending Section 142.0640; amending Chapter 14, Article 2, Division 13 by amending\nSection 142.1304; amending Chapter 14, Article 3, Division 7 by amending Sections\n143.0720, 143.0740, 143.0745, and 143.0746, and adding Section 143.0747; amending\nChapter 14, Article 3, Division 8 by amending Sections 143.0810, 143.0815, 143.0820,\n143.0830, 143.0840, 143.0850, and 143.0860; amending Chapter 14, Article 3, Division\n10 by amending Sections 143.1005, 143.1010, 143.1015, and 143.1025; amending\nChapter 14, Article 3, Division 12 by amending Sections 143.1201 and 143.1203,\nrepealing Section 143.1205, and amending Sections 143.1207 and 143.1212; amending\nChapter 14, Article 4, Division 5 by amending Section 144.0505, all relating to the Homes\nfor All of Us: Housing Action Package 2.0 Land Development Code Amendment.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on September 21,\n2023.\nACTION: Motion by Committee Member Whitburn, second by Committee Member Lee.\nto recommend Council approval of staff's proposed actions with the following\namendments:\n1. The development impact fees for dwelling units that do not exceed 500 square feet in\nthe proposed SDMC Sec. 143.I0I0(f) will take effect on January 1, 2025. However, the\nfee rates for units containing at least three bedrooms will take effect at the otherwise\napplicable earlier effective date.\n2. City staff conduct a study to determine the environmental and economic effect of the\nfollowing:\nA comparison of the effect of proposed distance requirements for previously conforming\nand incompatible uses in revisions to Municipal Code Section §127.0112(a) to the\ndistance requirements of 300 ft., 500 ft. and 1000 ft., as proposed by Environmental\nHealth Coalition.\nA comparison of the effect of the proposed list of previously conforming and\nincompatible uses near sensitive receptors in revisions to Municipal Code Section\n§127.0112(a) to additional uses as listed, as proposed by Environmental Health Coalition:\nWarehouses; Distribution facilities; Heavy/light Manufacturing; Welding;\nCommercial/Personal Vehicle Repair and Maintenance; Recycling facilities (medium to\nsmall); Agricultural processing; Building supplies and equipment.\n3. A comparison of the proposed sensitive receptors to an expanded list that includes\nschools, daycares, parks and medical facilities, as proposed by Environmental Health\nCoalition.\nVOTE: 4-0; Moreno-yea, LaCava-yea, Whitburn-yea, Lee-yea.\nPlanning: Jeffrey Ryan, (619) 533-3945\nCity Attorney Contact: Lauren Hendrickson

Item S500: Casbah Day. (Added 1/3/24)

Item S501: PLNU Women’s Soccer National Champions Day. (Added 1/3/24)

Item S502: Amendments to the Appointments of Mayor Todd Gloria and Councilmembers to\nSANDAG Regional Planning Committee for Calendar Year 2024. (Added 1/4/24)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no cost associated with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-282)\nResolution of the Council of the City of San Diego amending appointments to the\nSANDAG Regional Planning Committee for Calendar Year 2024.\nCommittee Actions Taken: N/A\nCouncil President’s Office: Luz Anaya Luna, (619) 236-6699\nCity Attorney Contact: Heather Ferbert

Item S503: Resolution in Support of California Proposition 1, the Behavioral Health Services\nProgram and Bond Measure, on the March 2024 Statewide Election. (Added 1/4/24)\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:

Item S504: Jodee Brentlinger Day. (Added 1/4/24)

Item S505: 50th Annual Christmas Tree Recycling Month. (Added 1//4/24)

Item S506: San Diego Karen New Year Day. (Added 1/5/24)