San Diego — 2025-07-01

Item 10:\nApproval of Council Minutes.\nProposed Actions:\nSubitem-A: Approval of Council Minutes for April 28, 2025 (Adj).\nSubitem-B: Approval of Council Minutes for April 29, 2025 (Adj).\nSubitem-C: Approval of Council Minutes for May 12, 2025.\nSubitem-D: Approval of Council Minutes for May 13, 2025.

Item 100:\nProposed Third Amendment to Lease Between Neighborhood House Association and\nthe City of San Diego – 475 West Broadway – Columbia Neighborhood of the\nDowntown Community Plan Area.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe proposed Third Amendment to the Lease at 475 West Broadway is anticipated to\ngenerate first year revenues of approximately $262,824.14, and over $788,000 in total\ngross revenue to the LMIHAF if all extension options are exercised.\nCouncil District(s) Affected: 3.\nProposed Actions:\nSubitem-A: (R-2025-631)\nResolution of the Council of the City of San Diego determining that approval of the Third\nAmendment to the Lease with the Neighborhood House Association for property located\nat 475 West Broadway is categorically exempt from the California Environmental Quality\nAct under Title 14 California Code of Regulations Section 15301.\nSubitem-B: (R-2025-632)\nResolution of the Council of the City of San Diego approving the Third Amendment to\nthe Lease with the Neighborhood House Association for property located at 475 West\nBroadway.\nCommittee Actions Taken:\nThis item was heard at the Economic Development and Intergovernmental Relations\nCommittee meeting on June 11, 2025.\nACTION: Motion by Chair Campillo, second by Vice Chair Foster III, to recommend\nCouncil approval of staff’s proposed actions.\nVOTE: 4-0; Campillo-yea, Foster III-yea, Campbell-yea, Lee-yea.\nEconomic Development: Christina Bibler, (619) 236-6421\nCity Attorney Contact: William W. Witt

Item 101:\nAnnual Special Tax Levy - Community Facilities Districts No. 2, No. 3, and No. 4.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no cost to the City. All costs are borne by respective districts.\nCouncil District(s) Affected: 2, 5.\nProposed Actions:\nSubitem-A: (R-2025-649)\nResolution authorizing the annual levy of special taxes within the City’s Community\nFacilities District No. 2.\nSubitem-B: (R-2025-650)\nResolution authorizing the annual levy of special taxes within the City’s Community\nFacilities District No. 3.\nSubitem-C: (R-2025-651)\nResolution authorizing the annual levy of special taxes within the City’s Community\nFacilities District No. 4.\nCommittee Actions Taken: N/A\nDebt Management: Marisol Valdovinos, (619) 533-4071\nCity Attorney Contact: David Powell

Item 102:\nSettlement of Michael Fox v. City of San Diego, et al., San Diego Superior Court No.\n37-2023-00010482 CU-PO-CTL, Claim No. 31687.\nTotal Estimated Cost of Proposed Action and Funding Source:\nSettlement amount of $2,500,000 will be paid from Public Liability Fund.\nCouncil District(s) Affected: 3.\nProposed Actions:\n(R-2025-572)\nResolution authorizing the settlement of Michael Fox v. City of San Diego, et al., San\nDiego Superior Court No. 37-2023-00010482 CU-PO-CTL, related to a claim of personal\ninjuries arising out of an alleged dangerous condition of public property in the parkway\narea near 3605 5th Avenue on December 4, 2022. Risk Claim No. 31687.\nCommittee Actions Taken: N/A\nOffice of the City Attorney: Kevin R. Yee, (619) 533-5697

Item 103:\nReappointments to the Commission on Police Practices.\nTotal Estimated Cost of Proposed Action and Funding Source:\nNone associated with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-638)\nResolution confirming the reappointments of Ada Liz Rodriguez, Cheryl Canson, Dwayne\nHarvey, Armando Flores, and Bonnie Benitez to the Commission on Police Practices for\nterms ending June 30, 2027.\nThis item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nCouncil District 1: Luz Anaya Luna, (619) 236-6611\nCity Attorney Contact: Justin Bargar

Item 104:\nAppointment to the Community Forest Advisory Board.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no City expenditure being approved with this action.\nCouncil District(s) Affected: 9.\nProposed Actions:\n(R-2025-633)\nResolution confirming the Mayor's appointment of Robert Terrell Rackley to the\nCommunity Forest Advisory Board for a term ending December 31, 2025.\nCommittee Actions Taken: N/A\nOffice of Boards and Commissions: Chida Warren-Darby, (619) 533-3940\nCity Attorney Contact: Valerie Silverman Massey

Item 330:\nConsideration 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:\nNone associated with this action.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(R-2025-639 Cor. Copy) (Rev. 6/26/25)\nResolution confirming 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: Luz Anaya Luna, (619) 236-6611\nCity Attorney Contact: Justin Bargar

Item 331:\nPublic Right-of-Way Vacation for 3407 E Street – PRJ-1106328.\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:\nAll costs associated with the processing of the application are recovered through a fee\npaid for by the applicant.\nCouncil District(s) Affected: 9.\nProposed Actions:\nApproval of all actions necessary for a Public Right-of-Way Vacation of a 0.21-acre\nportion of 34th Street located south of the intersection of E Street and Sunrise Street (34th\nStreet Vacation Project).\nSubitem-A: (R-2025-611)\nResolution determining that 34th Street Vacation Project is exempt from the California\nEnvironmental Quality Act Pursuant to Section 15305 of the CEQA Guidelines.\nSubitem-A: This item is not subject to the Mayor's veto.\nSubitem-B: (R-2025-610)\nResolution approving Public Right-of Way Vacation No. PMT-3262248 for the 34th Street\nVacation Project.\nSubitem-B: This item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDevelopment Services: Jose Bautista, (619) 557-7983\nCity Attorney Contact: Shannon Eckmeyer

Item 332:\nEasement Vacation for 5322 Alta Bahia Court – Project No. PRJ-1113835.\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: 1.\nProposed Actions:\nEasement Vacation to vacate an approximate 14,698-square-foot area of slope easement\nfor earth excavation or embankment slope along the western portion of the lot located at\n5322 Alta Bahia Court. The 0.82-acre project site is in the RS-1-4 (Residential-Single\nUnit) Base Zone, Complete Communities Mobility Choices (CCMC) Mobility Zone Two,\nSustainable Development Area, Coastal Height Limit Overlay Zone, and Paleontological\nSensitive Area within the Pacific Beach Community Plan Area.\nSubitem-A: (R-2025-646)\nResolution determining that the approval of the 5322 Alta Bahia project is categorically\nexempt and not subject to the California Environmental Quality Act under CEQA\nGuidelines Sections 15061(b)(3) and 15332.\nSubitem-A: This item is not subject to the Mayor's veto.\nSubitem-B: (R-2025-645)\nResolution approving Easement Vacation Number PMT-3287175 for the 5322 Alta Bahia\nCourt Easement Vacation project – Project No. PRJ1113835.\nSubitem-B: This item is not subject to the Mayor's veto.\nCommittee Actions Taken: N/A\nDevelopment Services: Jose Bautista, (619) 557-7983\nCity Attorney Contact: Lindsey Sebastian

Item 50:\nAccessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU)\nRegulation Amendments to the San Diego Municipal Code and Local Coastal\nProgram Amendment.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThere is no cost to the City with this action. Costs associated with the implementation of\nthese regulations will be covered by project applicants through the project permitting\nprocess. Funds from the new ADU Home Density Bonus Community Enhancement Fee\nFund will go into a new ADU Bonus Community Enhancement Fee Fund that will be\nused to fund neighborhood enhancing improvements and services, with a focus on\nCommunities of Concern.\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 6/16/2025, Item 202, Subitem-B (Council voted 5-4,\nCouncilmember Whitburn-nay, Councilmember Lee-nay, Councilmember Moreno-nay,\nCouncilmember Elo-Rivera-nay):\n(O-2025-136 Rev. Cor. Copy)\nOrdinance amending Chapter 11, Article 3, Division 1 of the San Diego Municipal Code\nby amending Section 113.0103; amending Chapter 12, Article 5, Division 4 by amending\nSection 125.0431; amending Chapter 13, Article 1, Division 3 by amending Section\n131.0322, Table 131-03B; amending Chapter 14, Article 1, Division 3 BY retitling and\namending Section 141.0302, Table 141-03A; amending Chapter 14, Article 3, Division 8\nby amending Section 143.0815; and amending Chapter 14, Article 4, Division 5 by\namending Section 144.0501, relating to the Amendment to the Accessory Dwelling Unit\nand Junior Dwelling Unit Regulations.\nCommittee Actions Taken:\nThis item was heard at the Land Use and Housing Committee meeting on May 15, 2025.\nACTION: Motion by Chair Lee, second by Vice Chair Elo-Rivera, to approve staff’s\nrecommendation with an amendment to item 16 to utilize Option 2 related to development\nscale using a unit cap approach, and implement the following proposed amendments to\nAction Item 2 relating to the Community Enhancement Fee:\n•\nExempt ADUs that are deed-restricted to very low (30-50%) or low income (3060%) households from paying the Community Enhancement Fee in Moderate, High, and\nVery High Opportunity Areas as determined by The California Tax Credit Allocation\nCommittee; and\n• Add requirements to the Community Enhancement Fee resolution to model it after the\nClimate Equity Fund.\nVOTE: 3-1; Lee-yea, Elo-Rivera-yea, Campillo-yea, Moreno-nay.\nPlanning: Liz Saidkhanian, (619) 533-5990\nCity Attorney Contact: Corrine Neuffer

Item 51:\nAuthorize the Fifth Amendment to Sole Source (SS) # 3279 Agreement with Dr.\nDavid Victor for Energy Market Expert Review Services Regarding the San Vicente\nHydroelectric Pumped Storage Project.\nTotal Estimated Cost of Proposed Action and Funding Source:\nThe increase of not-to-exceed amount for the SS# 3279 Agreement is $500,000, bringing\nthe Agreement total not-to-exceed amount to $1,180,000 over five years. Funds will be\navailable from the Water Utility Operating Fund.\nCouncil District(s) Affected: Citywide.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/17/2025, Item 50 (Council\nvoted 8-0, Councilmember Campbell-not present):\n(O-2025-135)\nOrdinance authorizing the Mayor, or designee, to execute Amendment No. 5 to the\nContract with Dr. David G. Victor, extending the Contract through August 22, 2030, in\nconnection with Energy Market Expert Review Services regarding the potential San\nVicente Hydroelectric Pumped Storage Project.\n6 votes required pursuant to Charter Section 99.\nCommittee Actions Taken:\nThis item was heard at the Environment Committee meeting on May 25, 2025.\nACTION: Motion by Committee Member LaCava, second by Vice Chair Campbell, to\nrecommend Council approval of staff’s proposed actions.\nVOTE: 3-0; Elo-Rivera-yea, Campbell-yea, LaCava-yea.\nPublic Utilities: Orelia DeBraal, (858) 292-6418\nCity Attorney Contact: Melissa D. Ables

Item 52:\nOperating and Management Agreement Between the City of San Diego and\nDowntown San Diego Partnership, Inc. for the Renewed Downtown Property and\nBusiness Improvement District.\nTotal Estimated Cost of Proposed Action and Funding Source:\nIf the City enters into the new Operating and Management Agreement with the\nPartnership, then the estimated $14,513,152.56 in FY26 property assessments will be\nmade available to the Partnership to implement the PBID program as outlined in the\nDowntown PBID Management District Plan and Engineers Report. These assessments\nmay only be used to provide an enhanced level of services to assessment payers and may\nnot be used for other City priorities.\nCouncil District(s) Affected: 3.\nProposed Actions:\nAdopt the following Ordinance which was introduced on 6/17/2025, Item S502, SubitemB (Council voted 8-0, Councilmember Campbell-not present):\n(O-2025-140)\nOrdinance authorizing the Mayor, or his designee, to enter into a ten-year Agreement with\nSan Diego Downtown Partnership, to provide above-baseline services in the Downtown

Item S500:\nMargaret Leinen Day. (Added 6/25/25)

Item S501:\nOrdinance Amending the Municipal Code Relating to Grocery Pricing\nTransparency. (Added 6/26/25)\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: N/A\nCouncil District(s) Affected: Citywide.\nProposed Actions:\n(O-2025-144)\nIntroduction of an Ordinance amending Chapter 3, Article 11, Division 1 of the San Diego\nMunicipal Code by amending Sections 311.0101, 311.0102, 311.0103, 311.0104, and\n311.0105, and by adding new Section 311.0106, relating to the Grocery Pricing\nTransparency Ordinance.\nCommittee Actions Taken: N/A\nCouncil District 5: Joon Suh, (619) 236-6655\nCity Attorney Contact: David J. Karlin