San Diego — 2024-11-19

Item 100: Authorization of a Five-Year Corporate Partnership Agreement with National\nUniversity, San Diego College of Continuing Education, University of California San\nDiego Division of Extended Studies, and the University of California San Diego Rady\nSchool of Management to be The Official Employee Education Program Partners of\nthe City of San Diego.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe City of San Diego budget is not impacted by these agreements.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-230)\nResolution approving corporate partnership agreements with National University, San\nDiego College of Continuing Education, University of California San Diego Division of\nExtended Studies and University of California San Diego Rady School of Management to\nbe the official employee education program partners of the City of San Diego.\nCommittee Actions Taken:\nThis item was heard at the Economic Development and Intergovernmental Relations\nCommittee meeting on October 30, 2024.\nACTION: Motion by Chair Campillo, second by Vice Chair Lee, to recommend Council\napproval of staff’s proposed actions.\nVOTE: 3-0; Campillo-yea, Lee-yea, Foster III-yea, Campbell-not present.\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: Marguerite Middaugh

Item 101: Compensation Agreement – Balboa Theatre (868 Fourth Avenue).\nTotal Estimated Cost of Proposed Action and Funding Source:\nNo fiscal impact at this time.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(R-2025-222)\nResolution approving the compensation agreement for the Balboa Theatre site in\ndowntown San Diego and authorizing related actions.\nCommittee Actions Taken:\nThis item was heard at the Economic Development and Intergovernmental Relations\nCommittee meeting on October 30, 2024.\nACTION: Motion by Chair Campillo, second by Vice Chair Lee, to recommend Council\napproval of staff’s proposed actions.\nVOTE: 3-0; Campillo-yea, Lee-yea, Foster III-yea, Campbell-not present.\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: Kevin Reisch

Item 102: Compensation Agreement – Linda Vista (6901-6921 Linda Vista Road).\nTotal Estimated Cost of Proposed Action and Funding Source:\nNo fiscal impact at this time.\nCouncil District(s) Affected: 7.\nProposed Actions:\n(R-2025-223)\nResolution approving the compensation agreement for the site at 6901-6921 Linda Vista\nRoad in the Linda Vista neighborhood and authorizing related actions.\nCommittee Actions Taken:\nThis item was heard at the Economic Development and Intergovernmental Relations\nCommittee meeting on October 30, 2024.\nACTION: Motion by Chair Campillo, second by Vice Chair Lee, to recommend Council\napproval of staff’s proposed actions.\nVOTE: 3-0; Campillo-yea, Lee-yea, Foster III-yea, Campbell-not present.\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: Kevin Reisch

Item 103: Adopting an Amended Conflict of Interest Code for the Office of the Chief\nOperating Officer and Administration.\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-2025-219)\nResolution adopting an amended Conflict of Interest Code for the Office of the Chief\nOperating Officer and Administration.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nOffice of the Chief Operating Officer: Kristina Peralta, (619) 236-6214\nCity Attorney Contact: Jose A. Garcia

Item 104: Adopting an Amended Conflict of Interest Code for the Stormwater Department.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no costs associated with this item.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-235)\nResolution adopting an amended Conflict of Interest Code for the Stormwater\nDepartment.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nStormwater Department: Todd Synder, (858) 541-4318\nCity Attorney Contact: Hilda R. Mendoza

Item 105: Adopting an Amended Conflict of Interest Code for the Sustainability & Mobility\nDepartment.\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-2025-225)\nResolution adopting an amended Conflict of Interest Code for the Sustainability and\nMobility Department.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nSustainability and Mobility: Heather Werner, (858) 492-5082\nCity Attorney Contact: Hilda R. Mendoza

Item 106: Adopting an Amended Conflict of Interest Code for the Fire-Rescue 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-2025-184)\nResolution adopting an amended Conflict of Interest Code for the Fire-Rescue\nDepartment.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nFire-Rescue: Willy Melendez, (619) 533-1377\nCity Attorney Contact: Hilda R. Mendoza

Item 107: Approval of Covert Audio Recording Technologies the Transparent and Responsible\nUse of Surveillance Technology Ordinance.\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-2025-160)\nResolution approving Covert Audio Recording technology pursuant to the Transparent\nand Responsible Use of Surveillance Technology Ordinance.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on October 16, 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, Whitburn-yea, Campbell-not present.\nPolice: Captain Matt Dobbs, (619) 692-4886\nCity Attorney Contact: Lara Easton

Item 108: Approval of Covert Video Recording Technologies Pursuant to the Transparent and\nResponsible Use of Surveillance Technology Ordinance.\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-2025-161)\nResolution approving Covert Video Recording technology pursuant to the Transparent and\nResponsible Use of Surveillance Technology Ordinance.\nCommittee Actions Taken:\nThis item was heard at the Public Safety Committee meeting on October 16, 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, Whitburn-yea, Campbell-not present.\nPolice: Captain Matt Dobbs, (619) 692-4886\nCity Attorney Contact: Lara Easton

Item 109: Settlement of CR Airway Gardens LLC, et al. v. City of San Diego, et al., San Diego\nSuperior Court Case No. 37-2021-00052440-CU-MC-CTL, Consolidated with CR\nEPOCA Communities M, LLC v. City of San Diego, et al., San Diego Superior Court\nCase No. 37-2023-00018832-CU-MC-CTL. Risk Claim Nos. 28611 and 33335.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $5,307,924.77 will be paid from Sewer Fund.\nCouncil District(s) Affected: 8.\nProposed Actions:\n(R-2025-193 Cor. Copy)\nResolution authorizing the settlements of CR Airway Gardens LLC, et al. v. City of San\nDiego, et al., San Diego Superior Court No. 37-2021-00052440-CU-MC-CTL,\nconsolidated with CR EPOCA Communities M. LLC v. City of San Diego, et al., San\nDiego Superior Court No. 37-2023-00018832-CU-MC-CTL. Risk Claim Nos. 28611 and\n33335, regarding the collection and administration of sewer surcharge fees in Otay Mesa.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Jon Taylor, (619) 235-5898

Item 110: Appointments and Reappointments to the Youth 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, 5.\nProposed Actions:\n(R-2025-224)\nResolution confirming the Mayor's appointments of Sadie Aleyna Wheeler and Vinayak\nVenugopal for terms ending July 1, 2026, and reappointments of Sarah Gao and Milan\nShah for terms ending July 1, 2026, to the City of San Diego Youth Commission.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Justin Bargar

Item 111: Reappointments to the Commission on Gang Prevention and Intervention.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 3, 6, 9.\nProposed Actions:\n(R-2025-231)\nResolution confirming the Mayor's reappointment of Elizabeth Bustos, Lon Chhay,\nGodwin Higa, and D'Andre Brooks to the Commission on Gang Prevention and\nIntervention for terms ending July 1, 2026.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 112: Reappointments to the Consolidated Plan Advisory Board.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no City expenditures being authorized with this action.\nCouncil District(s) Affected: 2, 3, 7.\nProposed Actions:\n(R-2025-205)\nResolution confirming the Mayor's reappointments of Abena Bradford, Jordan Beane, and\nNick Gulino to the Consolidated Plan Advisory Board for terms ending July 1, 2026.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Kathy Steinman

Item 113: 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\nProposed Actions:\n(R-2025-149)\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 114: Declaring a Continued State of Local Emergency Due to January 22, 2024 Winter\nStorm.\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-218)\nResolution declaring a continued state of local emergency related to the January 22, 2024\nsevere winter storm.\nCommittee Actions Taken: N/A\nOffice of the Mayor: Kohta Zaiser, (619) 236-6330\nCity Attorney Contact: Michelle Garland

Item 115: Appointments to the Franchise Compliance Review Committee.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNone associated with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-209)\nResolution making Council appointments to the Franchise Compliance Review\nCommittee until dissolution of this temporary committee.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 9: Luz Anaya Luna, (619) 236-6699\nCity Attorney Contact: Kathy Steinman

Item 330: Confirming the Ethics Commission's Appointment of an Executive Director.\nThis item will be considered in the morning session which is scheduled to begin at\n10:00 a.m.\nThis item is expected to be updated with the full information by Friday, November\n15. (Rev. 11/13/24)\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe Executive Director will be hired at a salary set by the Commissioners in accordance\nwith Managerial Level C and funded by the General Fund. The Ethics Commission's\nFiscal Year 2025 budget includes funding for a 0.25 position that will provide for an\noverlap period for training with the current Executive Director, until her departure. The\nFiscal Year 2025 budget then provides funding for the new Executive Director's salary\nthereafter.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-220 Cor. Copy) (Rev. 11/15/24)\nResolution confirming the Ethics Commission's Appointment of an Executive Director.\nCommittee Actions Taken: N/A\nEthics Commission: Paul Cooper - Ethics Commission Chair, (619) 533-3476\nCity Attorney Contact: Joan F. Dawson

Item 331: Approving All Eligible Uses of the City of San Diego's Grant from the State of\nCalifornia Permanent Local Housing Allocation Program Fund.\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 is no cost associated with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nR-2025-207\nResolution of the Council of the City of San Diego approving all eligible uses of the City\nof San Diego's grant from the State of California's Permanent Local Housing Allocation\nProgram Funds.\nCommittee Actions Taken: N/A\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: Kate Malcolm

Item 332: This item has been removed from the Agenda. (Rev. 11/15/24)

Item 333: Clairemont Village - Project No. 697307.\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. Costs associated with this project will be paid by the applicant through a deposit\naccount.\nCouncil District(s) Affected: 2.\nProposed Actions:\nThe Clairemont Village project proposes a Neighborhood Development Permit, Site\nDevelopment Permit, and Easement Vacation to partially vacate an unnamed easement\ntotaling 1,756 square feet used for incidental purposes, rescind Community Plan\nImplementation Overlay Zone Permit No. 90-0830, demolish approximately 3,770 square\nfeet of retail-commercial space for the provision of a fire-access lane, and construct a new\nfive-story 224-unit multi-dwelling unit building totaling 262,624 square feet over two\nstories of parking totaling 124,449 square feet located at 3001 through 3089 Clairemont\nDrive (Clairemont Village Project).\nSubitem-A: (R-2025-204)\nResolution Adopting Subsequent Mitigated Negative Declaration No. 697307/SCH No.\n2019060003 and Adopting the Mitigation, Monitoring, and Reporting Program for the\nClairemont Village Project.\nSubitem-A: This item is not subject to the Mayor's veto.\nSubitem-B: (R-2025-203)\nResolution granting Easement Vacation No. 2605866 for the Clairemont Village Project.\nSubitem-B: This item is not subject to the Mayor's veto.\nSubitem-C: (R-2025-202)\nResolution granting Site Development Permit, Neighborhood Development Permit and\nRescinding Community Plan Implementation Overlay Zone Permit No. 90-0830 for the\nClairemont Village Project.\nSubitem-C: This item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDevelopment Services: Benjamin Hafertepe, (619) 446-5086\nCity Attorney Contact: Shannon Eckmeyer

Item S500: Agreement Satisfying and Terminating Obligations Under 2004 Transfer Agreement\nand Amending 2004 City Option, in Relation to Property Located at 1100 Kettner\nBoulevard. (Added 11/13/24)\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:\nMCASD will cause $150,000 to be transferred to the City in satisfaction of its financial\nobligation under the 2004 Transfer Agreement for the Public Access Improvements\nassociated with the B Street Corridor Improvement project. These funds will be deposited\ninto a dedicated account to be used by the Successor Agency or its authorized agent to\nfund the completion of the Public Access Improvements.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(R-2025-208)\nResolution approving the Agreement Satisfying and Terminating Obligations Under 2004\nTransfer Agreement and Amending 2004 City Option, in relation to the museum site at\n1100 Kettner Boulevard in downtown San Diego, and authorizing related actions.\nCommittee Actions Taken: N/A\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: Kevin Reisch

Item S501: Resolution Excusing Councilmember Jennifer Campbell from Attending City\nCouncil and Committee Meetings Due to Personal and Medical Leave\nReasons. (Added 11/13/24)\nTotal Estimated Cost of Proposed Action and Funding Source: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-238)\nResolution excusing Councilmember Jennifer Campbell's absences from Council and\nCommittee meetings.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 2: Venus Molina, (619) 236-6622\nCity Attorney Contact: David J. Karlin

Item S502: City Attorney Mara W. Elliott Day. (Added 11/13/24)

Item S503: Julie Coker Day. (Added 11/13/24)

Item S504: San Diego Hunger Coalition 50th Anniversary Day. (Added 11/13/24)

Item S505: National Apprenticeship Week 2024. (Added 11/15/24)

Item S506: Approval of a Request for a Conflict-of-Interest Waiver from Devaney Pate Morris\n& Cameron LLP. (Added 11/15/24)\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-2025-241)\nResolution granting conflicts of interest by Devaney Pate Morris & Cameron LLP and\nconsenting to the law firm’s representation of the Civil Service Commission, in City of\nSan Diego v. Civil Service Commission of the City of San Diego (Real Party-in-Interest,\nMichael W. Fink, Jr.), San Diego Superior Court Case No. 24CU005449C.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-6370