The People’s Business – January 10, 2024
The first City Council meeting of 2025 features consideration of nominees for the Commission on Police Practices. Councilmembers will also discuss the adoption of the City of San Diego Creative City Cultural Plan, a comprehensive 10-year plan.
From the Office of Council President Joe LaCava
City Council Meeting – January 13, 2024 – 10 a.m.
10 a.m. – Closed Session Public Comment, Closed Session – Agenda, Special Housing Authority Closed Session - Agenda
2 p.m. – Discussion Items, Non-agenda Public Comment
Discussion Items
Item 200 – Consideration of Nominees for Appointment to the Commission on Police Practices
Nominees will be considered for vacancies for two Low and Moderate Income seats and one At-Large seat.
For the At-Large Category:
- Daniel Torres - Nominated by a member of the public
- Brian J Kammerer - Nominated by a member of the public
- David Burton o Nominated by a member of the public
For the Low-to-Moderate Income Category:
- Eleanor Renee Rodriguez - Nominated by a member of the public
Kevin Gene Arnold - Nominated by a member of the public
Item 201 – Recognized Obligation Payment Schedule for Fiscal Year 2025-2026
This action will approve the Nineteenth Recognized Obligation Payment Schedule (ROPS) for July 1, 2025 through June 30, 2026 (ROPS 19), also known as ROPS 25-26. This is to wind down the operations of Redevelopment Agency of the City. The City was designated as the successor agency and certain actions and decisions are subject to review and approval by the Oversight Board, the California Department of Finance, the San Diego County Auditor-Controller, and the State Controller.
Item 202 – Adoption of City of San Diego Creative City Cultural Plan
This item would approve a resolution adopting the Creative City Cultural Plan, which is a comprehensive ten-year plan that identifies a shared vision, goals, strategies, and actions to guide City investments in arts, culture, and creativity and align the City’s cultural investments with the larger priorities of the City of San Diego.
Item S400 – Third Amendment to Agreement for Legal Services with Hugo Parker, LLP to Provide Continued Legal Services as Panel Outside Counsel
The City Attorney’s Office seeks approval for the City to amend an existing Consultant Services Agreement with the law firm of Hugo Parker, LLP to extend the contract term to December 31, 2026 to assist the City with issues involving asbestos containing material at any City owned or occupied building or facility, including review of relevant City policies and procedures.
Because the litigation regarding asbestos exposure at 101 Ash remains ongoing, the City Attorney’s Office now seeks authorization extend the term of the Agreement by two years to December 31, 2026, to maintain continuity of representation in ongoing litigation.
Item S401 – First Amendment to Agreement for Legal Services with Dean Gazzo Roistacher LLP to Provide Continued Legal Services as Panel Outside Counsel
The First Amendment to the Contract with Dean Gazzo Roistacher, LLP is for an increase of $1,000,000.00, for a total contract amount not-to-exceed $1,500,000.00. Funding for this contract will come from the Public Liability Fund. This increase would go towards continued work the law firm is currently performing on behalf of the City, which includes defending the City in the active litigation matters.
Item S402 – Second Amendment to Agreement with Buchalter APC to Provide Continuing Legal Services as Panel Outside Counsel
The City of San Diego currently has a Legal Services Agreement with Buchalter APC to provide legal services to the City related to insurance coverage matters in the De Anza Cove and the 101 Ash Street matters.
The City Attorney’s Office (CAO) seeks approval of a Second Amendment to the Contract to amend the Agreement’s Scope of Services to include the Law Firm’s representation of the City in responding to insurance coverage issues in multiple lawsuits arising from the January 22, 2024, rain occurrence and flooding filed by over 1,200 plaintiffs, and an insurance coverage lawsuit filed against the City by electric scooter operator Superpedestrian’s insurance carrier seeking to void insurance coverage to the City.
This Second Amendment also increases the total not to exceed amount to $2,000,000 from $1,400,000.
Item S403 – Approval of Retention of McDougal Boehmer Foley Lyon Mitchell & Erickson to Represent the City in Multiple Lawsuits Arising From the January 22, 2024, Rain Occurrence and Flooding
This item would approve an agreement for legal services with McDougal Boehmer Foley Lyon Mitchell & Erickson, to provide legal representation and counseling relating to multiple lawsuits arising from the January 22, 2024, rains occurrence filed by over 1,200 claimants, including Gregory Montoya, et al. v. City of San Diego, and related matters.
Item S404 – First Amendment to Agreement for Legal Services with Schwartz, Semerdjian, Cauley, Schena & Bush, LLP to Provide Continuing Legal Services as Panel Outside Counsel
The City currently has a Legal Services Agreement with the law firm Schwartz, Semerdjian, Cauley, Schena, & Bush, LLP to provide legal service. The firm currently represents the City in litigation matters involving 101 Ash Street and multiple lawsuits arising from injuries sustained while riding rented electric scooters that include two electric scooter operators’ bankruptcy/insolvency proceedings. The City Attorney’s Office seeks approval of a First Amendment to the agreement with the Law Firm to increase the total not to exceed amount to $1,500,000.00 from $500,000.00. The $1,000,000.00 increase is necessary to allow the Law Firm to continue representing the City in these matters.
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