San Diego — 2024-01-23

Item 100: Settlement of Angelo Pizarro, et al. v. City of San Diego, San Diego Superior Court\nNo. 37-2019-00044450-CU-PA-CTL, Claim No. 21367.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $1,875,000.00 will be paid from Public Liability Fund No. 720045.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-271 Cor. Copy) (Rev. 1/17/24)\nResolution authorizing the settlement of Angelo Pizarro, et al. v. City of San Diego, et al.,\nSan Diego Superior Court No. 37-2019-00044450-CU-PA-CTL, related to a response to a\n5150 call and a car collision that occurred on August 23, 2018. Claim No. 21367.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486

Item 101: Settlement of Apolinario Chan, et al. v. City of San Diego, San Diego Superior Court\nCase No. 37-2022-00026440 CU-EI-CTL, Risk Claim No. 28140.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $75,000.00 will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-261)\nResolution authorizing the settlement of Apolinario Chan, et al. v. City of San Diego,\nCase No. 37-2022-00026440 CU-EI-CTL, related to alleged property damage as a result\nof a flooding incident that occurred at 520 29th Street in the City of San Diego on\nSeptember 24, 2021. Risk Claim No. 28140.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Catherine Turner, (619) 533-6486

Item 102: Settlement of Christine Boulton-Hunyady v. City of San Diego, San Diego Superior\nCourt No. 37-2022-00012065-CU-WT-CTL; Claim No. 28531.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $250,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(2024-225)\nResolution authorizing the settlement of Christine Boulton-Hunyady v. City of San Diego,\nSan Diego Superior Court No. 37-2022-00012065-CU-WT-CTL related to a claim of\nretaliation after submitting a report to the Fraud Hotline. Risk No. 28531.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Aaron B. Markowitz, (619) 533-5651

Item 103: Settlement of Miguel Angel Pizarro, et al. v. City of San Diego, San Diego Superior\nCourt No. 37-2019-00039360-CU-PA-CTL, Claim No. 21367.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $4,250,000.00 will be paid from Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-270)\nResolution authorizing the settlement of Miguel Angel Pizarro, et al. v. City of San Diego,\nSan Diego Superior Court No. 37-2019-00039360-CU-PA-CTL, related to a response to a\n5150 call and a car collision that occurred on August 23, 2018. Claim No. 21367.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486

Item 104: Settlement of Property Damage Claim of Morena Smog, LLC, Claim No. 30765.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $142,637.63 will be paid from Water Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-200)\nResolution authorizing the settlement of a pre-litigation claim filed by Morena Smog,\nLLC. alleging property damage stemming from a break in the City’s water main on\nOctober 18, 2022. Claim No. 30765.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Dave E. Abad, (619) 533-5821

Item 105: Settlement of Property Damage Claim of ESIS aso The Irvine Company, Claim No.\n29275.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $51,606.25 will be paid from the Water Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-201)\nResolution authorizing the settlement of a pre-litigation claim filed by ESIS aso The\nIrvine Company alleging property damage stemming from a break in the City’s water\nmain on October 22, 2021. Claim No. 29275.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Dave E. Abad, (619) 533-5821

Item 106: This item has been removed from the Agenda. (Rev. 1/18/24)

Item 107: Appointments to the San Diego Convention Center Corporation, Inc. Board.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures required with this action.\nCouncil District(s) Affected: 1, 3.\nProposed Actions:\n(R-2024-269)\nResolution confirming the Mayor's appointment of Sam Nejabat and Gretchen Newsom to\nthe San Diego Convention Center Corporation Board of Directors for terms ending\nDecember 1, 2026.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 108: Appointments to the Youth Commission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures that are being authorized with this action.\nCouncil District(s) Affected: 3, 4.\nProposed Actions:\n(R-2024-286)\nResolution confirming the Mayor's appointments of Princess Dunn and Wyatt Spencer to\nthe San Diego Youth Commission for terms ending July 1, 2024.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 109: Appointments and Reappointment to the Mission Bay 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: 1, 2, 3.\nProposed Actions:\n(R-2024-276)\nResolution confirming the Mayor's appointment of Ryan Karlsgodt and Catherine Jolley\nUmemoto for terms ending June 30, 2025, and reappointment of Dr. Judith Munoz for a\nterm ending June 30, 2024, to the Mission Bay Park Committee.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 110: Appointment to the San Diego Housing Commission.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 5.\nProposed Actions:\n(R-2024-285)\nResolution confirming the Mayor's appointment of Stephen Cushman to the San Diego\nHousing Commission for a term ending January 2, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 30: Marcelle Voorhies Rossman Day.

Item 31: San Diego Mesa College 60th Anniversary Day.

Item 330: Proposed Amendments to the Transparent and Responsible Use of Surveillance\nTechnology Ordinance (TRUST Ordinance).\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: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-49 Cor.Copy) (Rev. 1/18/24)\nIntroduction of an Ordinance amending Chapter 2, Article 10, Division 1 of the San Diego\nMunicipal Code by adding a new section 210.0101, renumbering and amending section\n210.0101 to section 210.0102, adding a new section 210.0103, renumbering, retitling, and\namending section 210.0102 to section 210.0104, renumbering, retitling, and amending\nsection 210.0109 to a new section 210.0105, renumbering, retitling, and amending section\n210.0103, subsections (a) through (d), to section 210.0106, renumbering and amending\nsection 210.0104 to section 210.0107, renumbering, retitling, and amending section\n210.0105 to section 210.0108, renumbering and amending section 210.0106 to section\n210.0109, repealing section 210.0110 and renumbering and amending section 210.0107 to\nsection 210.0110, renumbering and amending section 210.0108 to a new section\n210.0111, and renumbering and amending section 210.0103 (e) to a new section\n210.0112, relating to the approval process for use of surveillance technology.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on November 15, 2023.\nACTION: Motion by Committee Member Campbell, second by Chair von Wilpert, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 4-0; von Wilpert-yea, Montgomery Steppe-yea, Campbell-yea, Campillo-yea.\nOffice of the Mayor: Chloe Madison, (619) 236-6213\nCity Attorney Contact: Joan F. Dawson

Item 50: Exemption of a Program Coordinator Position in the Office of the City Attorney\nfrom the Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThis position is supplemental to the Fiscal Year 2024 Budget, the cost for which during\nthe remainder of Fiscal Year will be satisfied by expected vacancy savings and state\nfunding.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-51)\nIntroduction of an Ordinance authorizing the exemption of a Program Coordinator\nposition in the Office of the City Attorney from the Classified Service, based on advisory\nreview and favorable comment by the Civil Service Commission on December 7, 2023.\nThis position will be responsible for developing, coordinating, and managing\nprogramming and services for the Your Safe Place - A Family Justice Center. This Action\nis brought under San Diego Charter section 117(a)(17).\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jim McNeill, (619) 236-6220\nCity Attorney Contact: Miguel Merrell

Item 51: Exemption of One Program Manager Position in the Compliance Department from\nthe Classified Service.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe projected annual salary for this position is approximately $151,200. The Compliance\nDepartment plans to fill this position early in the fourth quarter of the fiscal year,\nincurring about a quarter of the annual cost for this position paid from the General Fund.\nThese costs will be absorbed as part of Compliance Department’s Fiscal Year 2024 budget\nthrough projected vacancy and non-personnel expenditure savings.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2024-53)\nIntroduction of an Ordinance authorizing the exemption of a Program Manager position in\nthe City's Compliance Department from the Classified Service, based on advisory review\nand favorable comment by the Civil Service Commission on December 7, 2023. This\nposition will be responsible for overseeing the City's Capital Improvement Program\nProject Labor Agreement Monitoring Program. This Action is brought under San Diego\nCharter section 117(a)(17).\nCommittee Actions Taken: N/A\nCompliance Department: Christiana Gauger, (619) 236-7158\nCity Attorney Contact: Miguel Merrell

Item 52: 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:\nAdopt the following ordinance which was introduced on 01/09/2024, Item 50, (Council\nvoted 7-0, Councilmember von Wilpert-not present, District 4-Vacant):\n(O-2024-32)\nOrdinance authorizing the Mayor, or his designee, to execute the First Amendment to the\nConsulting Agreement with artist Nathan Page, extending the Consulting Agreement\nthrough May 1, 2026, in connection with the Cañon Street Pocket Park 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 S500: Settlement of Estate of Jose Alfredo Castro-Gutierrez v. City of San Diego, United\nStates District Court No. 21-cv-01292-H-BGS, Claim No. 26024. (Added 1/17/24)\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $800,000.00 will be paid from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-290)\nResolution authorizing the settlement of The Estate of Jose Alfredo Castro-Gutierrez, et\nal. v. the City of San Diego, et al., United States District Court No. 21-CV-01292-H-BGS,\nrelated to the response and use of force on Jose Alfredo Castro-Gutierrez on October 19,\n2020. Claim No. 26024.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Stacy J. Plotkin-Wolff, (619) 236-6486

Item S501: Human Trafficking Prevention Month. (Added 1/18/24)

Item S502: Alberto Cortes Day. (Added 1/18/24)

Item S503: Settlement of Michael Bloom, et al. v. City of San Diego, et al., United States District\nCourt No. 17cv2324 (AJB) DEB, Claim No. 18372. (Added 1/19/24)\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $3,162,500.00 will be paid from Public Liability Fund, including\n$2,975,000.00 in recoverable attorneys’ fees and $187,500.00 in damages to Plaintiffs.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2024-182)\nResolution authorizing the settlement of Michael Bloom, et al. v. City of San Diego, et al.,\nUnited States District Court No. 17cv2324 (AJB) DEB, related to a claim of alleged\nviolation of plaintiffs’ constitutional rights. Claim No. 18372.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Michelle T. Neff, (619) 533-5834