San Diego — 2025-01-13

Item 200: Consideration of Nominees for Appointment to the Commission on Police Practices.\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:\nNo expenditures associated with this item.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-327)\nResolution confirming the Council's appointments to the Commission on Police Practices.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 1: Heidi Palmer, (619) 236-6611\nCity Attorney Contact: Kathy Steinman

Item 201: Recognized Obligation Payment Schedule for Fiscal Year 2025-2026.\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:\nThis action will approve the Nineteenth Recognized Obligation Payment Schedule\n(ROPS) for July 1, 2025 through June 30, 2026 (ROPS 19), also known as ROPS 25-26.\nAnother action will approve the administrative budget. There are no new line items added\nto the ROPs 19. There is no impact to the General Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-318)\nResolution approving the Successor Agency's Nineteenth Recognized Obligation Payment\nSchedule for July 1, 2025, through June 30, 2026 (ROPS 19), approving an administrative\nbudget for the ROPS 19 fiscal year, and authorizing the Mayor and Chief Financial\nOfficer to carry out certain related actions.\nCommittee Actions Taken: N/A\nEconomic Development: Christina Bibler, (619) 236-6493\nCity Attorney Contact: Kevin Reisch

Item 202: Adoption of City of San Diego Creative City Cultural Plan.\nThis item will be considered in the afternoon session which is scheduled to begin at\n2:00 p.m.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere are no costs associated with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-300)\nResolution approving the adoption of the Creative City Cultural Plan.\nCommittee Actions Taken:\nThis item was heard at the Economic Development and Intergovernmental Relations\nCommittee meeting on December 11, 2024.\nACTION: Motion by Campillo, second by Vice Chair Lee, to recommend Council\napproval of staff’s proposed actions.\nVOTE: 4-0; Campillo-yea, Lee-yea, Campbell-yea, Foster III-yea.\nDepartment of Cultural Affairs: Jonathon Glus, (619) 236-6798 (Rev. 1/9/25)\nCity Attorney Contact: Ken So

Item 250: Approval of the Final Map “Euclid Terrace”.\nNOTICE of Pending Final Map Approval\nNotice is hereby given that the City Engineer has reviewed and will approve on the date\nof this City Council meeting that certain final map entitled “Euclid Terrace" (T.M. No.\n2482531, PTS No. 675101) located east of South Euclid Avenue and north of La Paz\nDrive at 549 1/4 S. Euclid Avenue, in the RS-1-7 zone, within the Encanto\nNeighborhoods Community Plan Area, Council District 4, a copy of which is available\nfor public viewing at the office of the San Diego City Clerk. Specifically, the City\nEngineer has caused the map to be examined and has made the following findings:\n(1) The map substantially conforms to the approved tentative map, and any approved\nalterations thereof and any conditions of approval imposed with said tentative map.\n(2) The map complies with the provisions of the Subdivision Map Act and any local\nordinances applicable at the time of approval of the tentative map.\n(3) The map is technically correct.\nSaid map will be finalized and recorded unless a valid appeal is filed. Interested parties\nwill have 10 calendar days from the date of this Council hearing to appeal the above\nfindings of the City Engineer to the City Council. A valid appeal must be filed with the\nCity Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council\nmeeting stating briefly which of the above findings made by the City Engineer was\nimproper or incorrect and the basis for that conclusion. If you have questions about the\nmap approval findings or need additional information about the map or your appeal\nrights, please feel free to contact Greg Jeffries (619) 446-5132.

Item S400: Third Amendment to Agreement for Legal Services with Hugo Parker, LLP to\nProvide Continued Legal Services as Panel Outside Counsel. (Added 1/8/25)\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 City expenditure being approved with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2025-63)\nIntroduction of an Ordinance authorizing the Third Amendment to the legal services\nagreement between the City and Hugo Parker, LLP extending the term of the agreement\nby two years to December 31, 2026.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Paul H. James, (619) 533-5454

Item S401: First Amendment to Agreement for Legal Services with Dean Gazzo Roistacher LLP\nto Provide Continued Legal Services as Panel Outside Counsel. (Added 1/8/25)\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:\nThe First Amendment to the Contract with the Law Firm is for an increase of\n$1,000,000.00, for a total contract amount not-to-exceed $1,500,000.00. Funding for this\ncontract will come from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-257)\nResolution authorizing the First Amendment to legal services agreement (LSA) with Dean\nGazzo Roistacher, LLP to increase the total not-to-exceed amount to $1,500,000.00 from\n$500,000.00. The $1,000,000.00 increase is necessary to continue work the Law Firm is\ncurrently performing on behalf of the City, which includes defending the City in the active\nlitigation matter Pizarro, Miguel Angel v. Executor Administrator and/or Trustee of the\nEstate of Trevor James Heitmann, City of San Diego et al., Palmer Kearney Mesa\nProperties, LP v. City of San Diego, et al., and Shinn, Steven , et al. v. City of San Diego,\net al. The firm will also assist in the City’s defense of multiple lawsuits arising from the\nJanuary 22, 2024, rain occurrence and flooding filed by over 1,200 plaintiffs, including\nGregory Montoya et al. v. City of San Diego.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-6370

Item S402: Second Amendment to Agreement with Buchalter APC to Provide Continuing Legal\nServices as Panel Outside Counsel. (Added 1/8/25)\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:\nFunding of $600,000.00 for this Second Amended Agreement will be paid from the Public\nLiability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-284 Cor. Copy) (Rev. 1/9/25)\nResolution authorizing the Second Amendment to legal services agreement (LSA) with\nBuchalter APC , to increase the total not-to-exceed amount to $2,000,000.00 from\n$1,400,000.00. The $600,000.00 increase is necessary to allow the Law Firm to continue\nrepresenting the City in the De Anza litigation, 101 Ash litigation and to respond to\ninsurance coverage issues arising from the January 22, 2024 flooding lawsuits (January\n22, 2024 Flooding Litigation).\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-5814

Item S403: Approval of Retention of McDougal Boehmer Foley Lyon Mitchell & Erickson to\nRepresent the City in Multiple Lawsuits Arising From the January 22, 2024, Rain\nOccurrence and Flooding. (Added 1/8/25)\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:\nThe proposed amount is not-to-exceed $500,000.00 and will be paid from the Public\nLiability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-259)\nResolution approving the representation of McDougal Boehmer Foley Lyon Mitchell &\nErickson (Law Firm), to provide legal representation and counseling relating to multiple\nlawsuits arising from the January 22, 2024, rain occurrence filed by over 1,000 claimants,\nincluding Gregory Montoya, et al. v. City of San Diego, San Diego Superior Court Case\nNo. 37-2024-00021327-CU-EI-CTL and related matters. Risk Claim No. 21139.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-6370

Item S404: First Amendment to Agreement for Legal Services with Schwartz, Semerdjian,\nCauley, Schena & Bush, LLP to Provide Continuing Legal Services as Panel Outside\nCounsel. (Added 1/8/25)\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:\nThe First Amendment to the Contract with the Law Firm is for an increase of\n$1,000,000.00, for a total contract amount not-to-exceed $1,500,000.00. Funding for this\ncontract will come from the Public Liability Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-260)\nResolution authorizing the First Amendment to legal services agreement (LSA) with\nSchwartz, Semerdjian, Cauley, Schena & Bush to increase the total not-to-exceed amount\nto $1,500,000.00 from $500,000.00. The $1,000,000.00 increase is necessary to continue\nwork the Law Firm is currently performing on behalf of the City, which includes\ndefending the City in the active litigation matter involving 101 Ash Street and multiple\nlawsuits arising from injuries sustained while riding rented electric scooters that include\ntwo electric scooter operators’ bankruptcy/insolvency proceedings. The firm will also\nassist in the City’s defense of multiple lawsuits arising from the January 22, 2024, rain\noccurrence and flooding filed by over 1,200 plaintiffs, including Gregory Montoya et al.\nv. City of San Diego.”\nCommittee Actions Taken: N/A\nOffice of the City Attorney: M. Travis Phelps, (619) 533-6370