Minutes — San Diego City Council, August 1, 2023

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, AUGUST 1, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................5 ATTENDANCE DURING THE MEETING...................................................................................5 ROLL CALL ..........................................................................................................................5 PLEDGE OF ALLEGIANCE......................................................................................................6 NON-AGENDA PUBLIC COMMENT .........................................................................................6

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................9 SPECIAL ORDERS OF BUSINESS .........................................................................................10 APPROVAL OF COUNCIL MINUTES ......................................................................................10 Item 30: Carol Olten Day...................................................................................................10 Item 31: Friendship Baseball Games Opening Day...............................................................11 Item 32: Devin and Nathan Schiel Day ...............................................................................11 Item 33: San Carlos Library: We Bought the Lot Day...........................................................12 Item 34: Rebekah Hook-Held Day ......................................................................................12 Item 35: Sally Carrillo Day.................................................................................................13 Item 50: First Amendment to the Consulting Agreement with Reigelman LLC for the East Village Green Public Art Project (H166768) ..........................................................................13 Item 51: First Amendment to Cooperative Procurement Contract with Dell Marketing, L.P. for Microsoft Software, Subscriptions, and Services ...................................................................15 Minutes of Tuesday, August 1, 2023 Page 2
Table of Contents (Continued)
Item 52: An Ordinance Exempting One Program Coordinator Position in the Library Department from the Classified Service..................................................................................................16 Item 53: City of San Diego Public Right-of-Way Traffic Control Worker Protections ................17 Item 54: Authorization of a Ten-Year Corporate Partnership Agreement with One, Five-Year Extension Option Among the City of San Diego, Downtown San Diego Partnership, Inc. and IKE Smart City, LLC for a Digital Wayfinding System in Downtown San Diego, an Exemption from the City’s Prohibition Against Signs in the Right of Way and Off-Premises Messages, an Exemption from Certain Automatic Copy Regulations, an Exemption from Public Right of Way Permit Requirements, and Related Actions...........................................................................18 Item 55: Ordinance Adopting Rental Agreement Notice Requirements Related to Family Daycare Operations............................................................................................................19 Item 56: Westfield Mission Valley West – Amendment to FSDRIP Specific Plan – Project No. 685501 .............................................................................................................................20 Item 57: Ordinance Amending Chapter 2, Article 10, Division 1, of the San Diego Municipal Code by Amending Sections 210.0101 and 210.0109, Relating to Transparent and Responsible Use of Surveillance Technology...........................................................................................22 Item 58: First Amendment to Agreement with Gordon Rees Scully Mansukhani, LLP to Provide Continued Legal Services as Panel Outside Counsel ..............................................................23 Item 100: Award a Consultant Agreement, Contract # H2226043, to Harris & Associates for Professional Design Services and Construction Support Services of the Storm Water Pump Station D Component Upgrade Project.................................................................................24 Item 101: Authorization to Retain Outside Counsel and Approval of Certain As-Needed Agreements for Various Selected Law Firms to Represent the City of San Diego in Seven Areas of Law...............................................................................................................................25 Item 102: First Amendment to Agreement with Airbus Helicopters, Inc. and Authorization to Purchase Three (3) Helicopters with Mission Configuration Installation...................................27 Item 103: Reimbursement Agreement Between the City of San Diego and Tri Pointe Homes IESD, Inc. for Project No. a Portion of T-11.1, Caliente Avenue (Otay Mesa Road to Proposed SR905 Overpass) in the Otay Mesa Community........................................................................28 Item 104: Resolution Supporting the Creation of a Bee City USA Program Committee and Seeking Designation as a Bee City USA Affiliate from the Xerces Society ................................29 Item 105: Honorary Street Name: Recognition of Fr. Richard H. Brown, SJ on the 700 Block of Beardsley Street (Intersection of Beardsley Street and Kearney Avenue) Pursuant to San Diego Municipal Code Section 125.1130, “Honorary Street Names,” and Council Policy 200-10, “Honorary Street Names”....................................................................................................30 Minutes of Tuesday, August 1, 2023 Page 3
Table of Contents (Continued)
Item 106: Resolution Excusing Council President Sean Elo-Rivera from City Council and Committee Meetings ..........................................................................................................31 Item 107: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico...............................................................................32 Item 330: An Ordinance Allowing One Additional 180-Day Extension for Building Permit Applications.......................................................................................................................32 Item 331: Allocation Notification and Award for $1,700,000 from the California Department of Social Services to Work with San Diego Area Schools to Support the Needs of Refugee Students ........................................................................................................................................33 Item 332: San Diego Association of Governments (SANDAG) Housing Acceleration Program REAP Cycle 2 Grant - Authorizing Application, Acceptance, and Expenditure of Funds .............34 Item 333: Approval of Smart Streetlight and Automatic License Plate Reader (“ALPR”) Technology Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance .........................................................................................................................35 Item S500: Second Amendment to Agreement with Jones & Mayer to Provide Continued Legal Services as Panel Outside Counsel.......................................................................................38 Item S501: Approval to Retain Wright, L’Estrange & Ergastolo as Outside Counsel to Provide Legal Services Related to City’s Emergency Medical Services and Ambulance Services, and Waiver of Potential Conflicts of Interest Pursuant to the California Rules of Professional Conduct Rule 1.7 and Council Policy No. 000-34................................................................................39 Item S502: Menstrual Hygiene Equity Day ..........................................................................40 REPORT OUT FROM CLOSED SESSION................................................................................40 ADJOURNMENT .................................................................................................................41 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, August 1, 2023

CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:04 a.m. Councilmember Campillo left the meeting at 12:00 p.m. The meeting was recessed by Council President EloRivera at 12:21 p.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:04 p.m. with all Councilmembers present. Councilmember LaCava and Councilmember Campbell left the meeting at 5:46 p.m. The meeting was adjourned by Council President Elo-Rivera at 6:27 p.m.

ATTENDANCE DURING THE MEETING
PRESENT:

CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn (Participated remotely per Resolution R-315079, due to emergency circumstances.)
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee (Pursuant to California Government Code section 54953(f), participated remotely for just cause due to contagious illness with no individual 18 years of age or older present in the room.)
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Fuentes (km/cp)

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-present
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, August 1, 2023
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Moreno.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

William Snell commented on crane.

COUNCIL ACTION: Start Time: 5:46 PM
PUBLIC COMMENT-2:

Raymond Diama commented on the issues of Balboa Park and how we can make it a better place.

COUNCIL ACTION: Start Time: 5:48 PM
PUBLIC COMMENT-3:

Michael Brando commented on health.

COUNCIL ACTION: Start Time: 5:50 PM
PUBLIC COMMENT-4:

Allegedly Audra commented on tulips.

COUNCIL ACTION: Start Time: 5:52 PM
PUBLIC COMMENT-5:

Consuelo commented on Lot 5.

COUNCIL ACTION: Start Time: 5:54 PM
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for the Regular Meeting of Tuesday, August 1, 2023
PUBLIC COMMENT-6:

Mandy Lien commented on homelessness.

COUNCIL ACTION: Start Time: 5:56 PM
PUBLIC COMMENT-7:

Joy Sunyata commented on confusion.

COUNCIL ACTION: Start Time: 5:58 PM
PUBLIC COMMENT-8:

Coleen Cusack commented on criminalization of homelessness.

COUNCIL ACTION: Start Time: 6:01 PM
PUBLIC COMMENT-9 (virtual):

Blair Beekman commented on United Nations ideas.

COUNCIL ACTION: Start Time: 6:03 PM
PUBLIC COMMENT-10 (virtual):

Diana Grace commented on tutoring programs; and mental health services.

COUNCIL ACTION: Start Time: 6:05 PM
PUBLIC COMMENT-11 (virtual):

Frances Yasmeen Motiwalla commented on wearing masks; buskers; and wastewater being dumped in our ocean.

COUNCIL ACTION: Start Time: 6:07 PM
PUBLIC COMMENT-12 (virtual):

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, August 1, 2023
Katrina Preece commented on Social Equity and Economic Development (SEED) Program; and tutoring and mentoring programs.

COUNCIL ACTION: Start Time: 6:10 PM
PUBLIC COMMENT-13 (virtual):

Peggy Walker commented on high THC products.

COUNCIL ACTION: Start Time: 6:12 PM
PUBLIC COMMENT-14 (virtual):

Paul the Bold commented on surveillance; and equity.

COUNCIL ACTION: Start Time: 6:14 PM
PUBLIC COMMENT-15 (virtual):

Truth commented on misinformation.

COUNCIL ACTION: Start Time: 6:16 PM
PUBLIC COMMENT-16 (virtual):

Becky Rapp commented on August being National Recovery Month.

COUNCIL ACTION: Start Time: 6:18 PM
PUBLIC COMMENT-17 (virtual):

Katheryn Rhodes commented on homeless shelter tents.

COUNCIL ACTION: Start Time: 6:20 PM

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT COUNCIL COMMENT-1:

Councilmember LaCava wished his wife Lorene a Happy anniversary. He mentioned the love and support his family gives allows him to do what he does.

Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Tuesday, August 1, 2023
COUNCIL ACTION: Start Time: 10:49 AM
CITY CLERK COMMENT:

City Clerk Fuentes announced that The Office of the City Clerk Archives, Access and Preservation Program will be having a “Tour of the City Clerk Archives.” She said the tour will allow visitors to get a glimpse of the City’s earliest statehood records, tour the various collections and see firsthand what the City Clerk Archives collects, maintains and preserves. City Clerk Fuentes invited those that want to attend the next tour on August 28th at 2pm to reserve a spot via email at [email protected].

COUNCIL ACTION: Start Time: 10:50 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
7/3/2023 Adjourned
7/4/2023 Adjourned
COUNCIL ACTION: Start Time: 10:07 AM
MOTION BY SEAN ELO-RIVERA TO APPROVE. Second by Raul A. Campillo.

Passed by the following vote:

NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 30: Carol Olten Day.

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for the Regular Meeting of Tuesday, August 1, 2023
COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming August 12, 2023, to be “Carol Olten Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:51 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 31: Friendship Baseball Games Opening Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming August 11, 2023, to be “Friendship Baseball Games Opening Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:51 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 32: Devin and Nathan Schiel Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, August 1, 2023
Proclaiming August 1, 2023, to be “Devin and Nathan Schiel Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:51 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 33: San Carlos Library: We Bought the Lot Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming August 5, 2023, to be “San Carlos Library: We Bought the Lot Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:51 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 34: Rebekah Hook-Held Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming August 11, 2023, to be “Rebekah Hook-Held Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:51 AM
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, August 1, 2023
MOTION BY VIVIAN MORENO TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

NOTE: The following Proclamation was presented in Council Chambers.

Item 35: Sally Carrillo Day.

COUNCILMEMBER MORENO'S RECOMMENDATION:

APPROVED
Proclaiming August 1, 2023, to be “Sally Carrillo Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:51 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

Item 50: First Amendment to the Consulting Agreement with Reigelman LLC for the East Village Green Public Art Project (H166768).

Total Estimated Cost of Proposed Action and Funding Source:

This action appropriates $280,473 from the Public Art Fund, for a total project amount of $755,473.

Council District(s) Affected: 3.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, August 1, 2023
(O-2023-204 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the Consulting Agreement with Reigelman, LLC, extending the Agreement through January 30, 2026, and increasing the Agreement by $280,473 to a total contract amount not-to-exceed $755,473, for the East Village Green Phase 1 Public Art Project. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on July 12, 2023.

ACTION: Motion by Vice Chair Montgomery Steppe, second by Committee Member Lee, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Campillo-yea, Montgomery Steppe-yea, Campbell-yea, Lee-yea.

Commission for Arts and Culture: Christine E. Jones, (619) 236-6661 City Attorney Contact: Ken So
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 51: First Amendment to Cooperative Procurement Contract with Dell Marketing, L.P. for Microsoft Software, Subscriptions, and Services.

Total Estimated Cost of Proposed Action and Funding Source:

This action authorizes the City to execute the First Amendment to the Cooperative Procurement Contract for Microsoft Software, Subscriptions, and Services with Dell Marketing, L.P. to increase the not-to-exceed amount by $18,633,600, and extend the term an additional three years, to be funded from the General and Enterprise Funds.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, August 1, 2023
Proposed Actions:
(O-2024-8) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 Introduction of an Ordinance authorizing the Mayor or his designee to execute, for and on behalf of the City, the First Amendment to the Cooperative Procurement Contract between the City of San Diego and Dell Marketing, L.P., for the acquisition of Microsoft Software, Subscriptions and Services, to increase the not-to-exceed amount from $14,032,100 to $32,665,700 and to extend the Contract term for an additional three (3) years, effective November 1, 2023, through October 31, 2026, for a total Contract term of six (6) years. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on July 12, 2023.

ACTION: Motion by Vice Chair Moreno, second by Committee Member LaCava, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.

Department of Information Technology: Maureen Medvedyev, (619) 533-4806 City Attorney Contact: Steven Lastomirsky
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 52: An Ordinance Exempting One Program Coordinator Position in the Library Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The Program Coordinator’s projected annual cost, including salaries and fringe benefits, is approximately $175,798. Funds for this expense will be available in the General Fund. Projected savings in personnel expenditures due to vacancies, will offset the cost of this position.

Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, August 1, 2023
Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-2) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 Introduction of an Ordinance authorizing the exemption of a Program Coordinator position in the City's Library Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on April 7, 2023. This position will serve as the Special Events Coordinator and manage public, private, and internal events at the Department's special event spaces. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Library: Misty Jones, (619) 236-5870
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 53: City of San Diego Public Right-of-Way Traffic Control Worker Protections.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-7 Cor. Copy) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 Introduction of an Ordinance Amending Chapter 3 of the San Diego Municipal Code by Adding New Article 10, Division 1, Sections 310.0101, 310.0102, 310.0103, 310.0104, 310.0105, 310.0106, 310.0107, and 310.0108, relating to the Traffic Control Worker Prevailing Wage Ordinance.

Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, August 1, 2023
Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on November 17, 2022.

ACTION: Motion by Chair Campillo, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.

VOTE: 3-0; Campillo-yea, Campbell-yea, Montgomery Stepp-yea, Cate-not present.

Council District 7: Michael Simonsen, (619) 236-6765
City Attorney Contact: Alison P. Adema
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item 54: Authorization of a Ten-Year Corporate Partnership Agreement with One, Five-Year Extension Option Among the City of San Diego, Downtown San Diego Partnership, Inc. and IKE Smart City, LLC for a Digital Wayfinding System in Downtown San Diego, an Exemption from the City’s Prohibition Against Signs in the Right of Way and Off-Premises Messages, an Exemption from Certain Automatic Copy Regulations, an Exemption from Public Right of Way Permit Requirements, and Related Actions.

Total Estimated Cost of Proposed Action and Funding Source:

No costs associated with this proposed action.

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following Ordinance which was introduced on 7/17/2023, Item 200, Subitem-B. (Council voted 6-2, Councilmember LaCava and Councilmember Moreno-nay, Council President Pro Tem Montgomery Steppe-not present):
(O-2023-208) ADOPTED AS ORDINANCE O-21707 (New Series)
Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, August 1, 2023
Ordinance of the Council of the City of San Diego approving a Corporate Partnership Agreement Among the City of San Diego, Downtown San Diego Partnership, Inc., and IKE Smart City, LLC for the Financing, Implementation, Management, and Operation of a Digital Wayfinding System with City Marketing Rights and Benefits, authorizing a limited exception to the signage and offpremises messaging regulations contained in Chapter 14, Article 2, Division 12 of the San Diego Municipal Code, authorizing a limited exception to the automatic changing copy regulations contained in Chapter 14, Article 1, Division 11 of the San Diego Municipal Code, and approving related actions.

Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
COUNCIL ACTION: Start Time: 10:08 AM

CONSENT MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. (Moreno moved the Consent Agenda, but voted nay on Item 54.) Second by Joe LaCava. (LaCava seconded the Consent Agenda, but voted nay on Item 54.) Passed by the following vote:

Yea: Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Sean Elo-Rivera;
Nay: Joe LaCava, Vivian Moreno;
Recused: (None);
Not Present: (None).

Item 55: Ordinance Adopting Rental Agreement Notice Requirements Related to Family Daycare Operations.

Total Estimated Cost of Proposed Action and Funding Source:

Costs associated with this action will be funded by the Development Services Department General Fund Budget, as enforcement of the City’s Code falls under the jurisdiction of the Department’s Building & Land Use Enforcement Division.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was amended by Council action at the time of introduction on 7/17/2023, Item 201 (Council voted 8-0, Council President Pro Tem Montgomery Steppe-not present):
(O-2023-176 Rev.) ADOPTED AS ORDINANCE O-21708 (New Series) Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, August 1, 2023
Ordinance amending Chapter 9, Article 8 of the San Diego Municipal Code by adding new Division 9, Sections 98.0901, 98.0902, and 98.0903, relating to notice of a tenant’s right to operate a family daycare home.

Committee Actions Taken:

This item was heard at the Economic Development and Intergovernmental Relations Committee meeting on January 11, 2023.

ACTION: Motion by Chair Campillo, second by Committee Member Lee, to recommend Council approval of staff's proposed actions.

VOTE: 3-0; Campillo-yea, Montgomery Steppe-yea, Lee-yea.

Council District 7: Justine Murray, (619) 236-6751
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 10:08 AM

CONSENT MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 56: Westfield Mission Valley West – Amendment to FSDRIP Specific Plan – Project No. 685501.

Total Estimated Cost of Proposed Action and Funding Source:

None with this action. All costs associated with the processing of this application are recovered through a deposit account funded by the applicant.

Council District(s) Affected: 3.

Proposed Actions:

Adopt the following Ordinances which were introduced on 7/18/2023, Item 330, Subitem-B and Subitem-C (Council voted 9-0):

Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, August 1, 2023
Amendment to the Mission Valley Community Plan (Community Plan) to change the boundary of the First San Diego River Improvement Project (FSDRIP) Specific Plan to remove the Westfield - Mission Valley West property from the Mission Valley Community Plan Specific Plan Subdistrict and the FSDRIP Specific Plan; and rezone the property to remove it from Municipal Code Chapter 13, Article 02, Division 14 – Community Plan Implementation Overlay Zone (CPIOZ) to replace the map depicting the boundaries of the CPIOZ area to one consistent with the updated FSDRIP Specific Plan. Collectively these actions are identified as the Mission Valley West Project.

Subitem-A: (O-2023-202) ADOPTED AS ORDINANCE O-21709 (New Series) Ordinance amending Chapter 13, Article 2, Division 14 of the San Diego Municipal Code by amending Sections 132.1402 and 132.1403 relating to the Mission Valley West Project.

Subitem-A is not subject to the Mayor's veto.

Subitem-B: (O-2023-203) ADOPTED AS ORDINANCE O-21710 (New Series) Ordinance approving a rezone removing 19.82 acres located south of Camino De La Reina, west of Mission Center Road, and north of Camino Del Rio North within the Mission Valley Community Plan Area in the City of San Diego from the Community Plan Implementation Overlay Zone as defined by the San Diego Municipal Code Section 131.0704 for the Mission Valley West Project.

Subitem-B is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Development Services: Martha Blake, (619) 446-5375
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 10:08 AM

CONSENT MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCES. Second by Joe LaCava.

Passed by the following vote:

Item 57: Ordinance Amending Chapter 2, Article 10, Division 1, of the San Diego Municipal Code by Amending Sections 210.0101 and 210.0109, Relating to Transparent and Responsible Use of Surveillance Technology.

Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, August 1, 2023
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 7/18/2023, Item S500 (Council voted 9- 0):
(O-2024-3 Cor. Copy 2) ADOPTED AS ORDINANCE O-21711 (New Series) Ordinance Amending Chapter 2, Article 10, Division 1, of the San Diego Municipal Code by amending Sections 210.0101 and 210.0109, relating to transparent and Responsible use of surveillance technology.

Committee Actions Taken: N/A
Office of the Mayor: Chloe Madison, (619) 236-6213
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 10:08 AM

CONSENT MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 58: First Amendment to Agreement with Gordon Rees Scully Mansukhani, LLP to Provide Continued Legal Services as Panel Outside Counsel.

Total Estimated Cost of Proposed Action and Funding Source:

The First Amendment to the LSA will add to the time limit in the contract and an increase of $600,000, for a total contract amount not-to-exceed $850,000. The increase of $600,000 was approved by Council on June 12, 2023, by Resolution R-314963. Funding for this contract increase will come from the Public Liability Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, August 1, 2023
Adopt the following Ordinance which was introduced on 7/18/2023, Item S501 (Council voted 9- 0):
(O-2023-206) ADOPTED AS ORDINANCE O-21712 (New Series)
Ordinance authorizing the First Amendment to the legal services agreement between the City and Gordon Rees Scully Mansukhani, LLP to increase the total amount of time under the contract beyond five years, for a period not-to-exceed six years. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: M. Travis Phelps
COUNCIL ACTION: Start Time: 10:08 AM

CONSENT MOTION BY VIVIAN MORENO TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Joe LaCava.

Passed by the following vote:

Item 100: Award a Consultant Agreement, Contract # H2226043, to Harris & Associates for Professional Design Services and Construction Support Services of the Storm Water Pump Station D Component Upgrade Project.

Total Estimated Cost of Proposed Action and Funding Source:

The total estimated consultant design cost of this project is $3,933,205.

Council District(s) Affected: 2.

Proposed Actions:

Subitem-A: (R-2024-27) ADOPTED AS RESOLUTION R-315083
Resolution determining the Agreement with Harris & Associates for professional design and construction support services for the Storm Water Pump Station D Component Upgrade project Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, August 1, 2023
is exempt from the California Environmental Quality Act pursuant to section 15262 of the CEQA Guidelines.

Subitem-B: (R-2024-28) ADOPTED AS RESOLUTION R-315084
Resolution approving the Agreement with Harris & Associates for professional design and construction support services for the Storm Water Pump Station D Component Upgrade project in an amount not-to-exceed $3,933,205 and related actions.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on July 13, 2023.

ACTION: Motion by Vice Chair LaCava, second Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.

Engineering & Capital Projects: Jason Grani, (619) 533-7525 City Attorney Contact: Bonny Hsu
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 101: Authorization to Retain Outside Counsel and Approval of Certain As-Needed Agreements for Various Selected Law Firms to Represent the City of San Diego in Seven Areas of Law.

Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, August 1, 2023
Total Estimated Cost of Proposed Action and Funding Source:

The cost of each contract is in an amount not-to-exceed $500,000. Legal services are to be provided on an as-needed basis so there is no need for an allocation of funds at this time. The source of funding when the need for legal services arises under these contracts will be from the Public Liability Fund, or one or more Enterprise Funds, or the Citywide Program Expenditures of the General Fund, in a not-to-exceed amount appropriated each year by the City Council.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-29) ADOPTED AS RESOLUTION R-315085
Resolution authorizing the retention of 11 selected law firms to represent the City of San Diego as outside counsel on an as-needed basis in seven areas of law: (1) Employment litigation, investigations and fact finding, and workers compensation law and litigation; (2) Regulatory agency law, land use, and litigation, including Clean Water Act and stormwater compliance issues; (3) Police excessive force/misconduct litigation, including alleged violations of 24 U.S.C. § 1983; (4) Election law, including ballot measures; (5) Tort litigation; (6) Public integrity, ethics and professional standards law, including debarment actions and related litigation; and (7) Municipal Governance, including insurance coverage, real estate transactions, complex contracts, bankruptcy, Brown Act, and the Public Records Act; and approving one as-needed contract with the law firm Nossaman LLP pursuant to San Diego Municipal Code section 22.3207 where the total cumulative contract awards exceed $1,000,000 based on the law firm having another existing contract with the City of San Diego as well as this action.

Committee Actions Taken:

This item was heard at the Budget and Government Efficiency Committee meeting on July 12, 2023.

ACTION: Motion by Committee Member Lee, second by Committee Member LaCava, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.

Office of the City Attorney: Jim McNeill, (619) 533-5860 City Attorney Contact: Christina L. Rae
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, August 1, 2023
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).

Item 102: First Amendment to Agreement with Airbus Helicopters, Inc. and Authorization to Purchase Three (3) Helicopters with Mission Configuration Installation.

Total Estimated Cost of Proposed Action and Funding Source:

Please see Staff Report.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-23) ADOPTED AS RESOLUTION R-315086
Resolution authorizing the Mayor, or his designee, to execute the First Amendment to the Agreement with Airbus Helicopters, Inc. to extend the term of the Agreement for an additional sixteen (16) months, and authorizing the purchase of three additional H125 helicopters under the agreement.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on July 19, 2023.

ACTION: Motion by Committee Member Campillo, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.

VOTE: 3-0; von Wilpert-yea, Campbell-yea, Campillo-yea, Montgomery Steppe-not present.

Police: Captain Daniel Grubbs, (619) 531-2995
City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, August 1, 2023
Not Present: (None).

Item 103: Reimbursement Agreement Between the City of San Diego and Tri Pointe Homes IESD, Inc. for Project No. a Portion of T-11.1, Caliente Avenue (Otay Mesa Road to Proposed SR905 Overpass) in the Otay Mesa Community.

Total Estimated Cost of Proposed Action and Funding Source:

The project total of $1,804,069 will be funded from the Otay Mesa Local Mobility DIF.

Council District(s) Affected: 8.

Proposed Actions:

This is a Council action to execute the Reimbursement Agreement (Agreement) for a portion of Project No. OM T-11.1, Caliente Avenue (Otay Mesa Road to proposed SR-905 overpass) in the Otay Mesa community.
(R-2023-634 Cor. Copy 2) ADOPTED AS RESOLUTION R-315087 Resolution authorizing the Mayor, or his designee, to execute the Reimbursement Agreement with Tri Pointe Homes IE-SD, Inc. for a portion of Project No. OM T-11.1 Caliente Avenue (Otay Mesa Road to proposed SR-905 overpass) in the Otay Mesa community.

Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on July 13, 2023.

ACTION: Motion by Vice Chair LaCava, second by Committee Member Montgomery Steppe, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-yea.

Planning: Gaetano Martedi, (619) 533-3678
City Attorney Contact: Shannon Eckmeyer
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, August 1, 2023
Recused: (None);
Not Present: (None).

Item 104: Resolution Supporting the Creation of a Bee City USA Program Committee and Seeking Designation as a Bee City USA Affiliate from the Xerces Society.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-648) ADOPTED AS RESOLUTION R-315088
Resolution designating the City of San Diego as a Bee City USA affiliate and supporting the creation of a Bee City USA program committee.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on April 20, 2023.

ACTION: Motion by Chair LaCava, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.

VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea.

Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: David J. Karlin
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 105: Honorary Street Name: Recognition of Fr. Richard H. Brown, SJ on the 700 Block of Beardsley Street (Intersection of Beardsley Street and Kearney Avenue) Pursuant to San Diego Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, August 1, 2023
Municipal Code Section 125.1130, “Honorary Street Names,” and Council Policy 200-10, “Honorary Street Names.”
Total Estimated Cost of Proposed Action and Funding Source:

Council Policy 200-10, “Honorary Street Names,” states that funding for the installation of honorary street title signs shall be the responsibility of the sponsoring Councilmember. The Councilmember shall identify, obtain, and make such funds available to the mayor or designer.

Therefore, funding for this honorary street title sign will be provided by Council District 8.

Council District(s) Affected: 8.

Proposed Actions:
(R-2024-31) ADOPTED AS RESOLUTION R-315089
Resolution designating the 700 block of Beardsley Street at the intersection of Kearney Avenue in the Logan Heights Community as "Fr. Richard H. Brown, SJ Street." Committee Actions Taken: N/A
Council District 8: Kevin Smith, (619) 236-6688
City Attorney Contact: Ryan P. Gerrity
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 106: Resolution Excusing Council President Sean Elo-Rivera from City Council and Committee Meetings.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-38) ADOPTED AS RESOLUTION R-315090
Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, August 1, 2023
Resolution excusing the absence of Council President Sean Elo-Rivera from City Council and Council Committee meetings from September 6 through September 30, 2023.

This item is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Council District 9: Brendan Dentino, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Item 107: Declaring a Continued State of Emergency Regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Total Estimated Cost of Proposed Action and Funding Source: N/A Proposed Actions:
(R-2024-20) ADOPTED AS RESOLUTION R-315091
Declaring a Continued State of Emergency regarding Raw Sewage, Solid Waste, and Sediment Coming from Tijuana, Mexico.

Committee Actions Taken: N/A
City Attorney Contact: Noah J. Brazier
COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Minutes of the Council of the City of San Diego Page 28 for the Regular Meeting of Tuesday, August 1, 2023
Nay: (None);
Recused: (None);
Not Present: (None).

Item 330: An Ordinance Allowing One Additional 180-Day Extension for Building Permit Applications.

Total Estimated Cost of Proposed Action and Funding Source:

There are no fiscal impacts to the City as a result of this action. The ability to extend permit application times will, however, save operational cost time by preventing the impact of additional permit volume on the department, as projects will not expire and have to re-start their permit processes.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-6) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 Introduction of an Ordinance amending Chapter 12, Article 9, Division 2 of the San Diego Municipal Code by amending section 129.0211, relating to allowing up to two 180-day extensions for building permit applications.

Committee Actions Taken: N/A
Development Services: Kelly Charles, (619) 446-5413
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 11:28 AM
MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Jennifer Campbell.

Passed by the following vote:

Item 331: Allocation Notification and Award for $1,700,000 from the California Department of Social Services to Work with San Diego Area Schools to Support the Needs of Refugee Students.

Minutes of the Council of the City of San Diego Page 29 for the Regular Meeting of Tuesday, August 1, 2023
Total Estimated Cost of Proposed Action and Funding Source:

Revenue of $1,700,000 to provide as a direct pass through to San Diego Unified School District.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-16) ADOPTED AS RESOLUTION R-315094
Resolution authorizing the Mayor, or his designee, to approve the acceptance and expenditure of an Allocation Notification and Award from the California Department of Social Services and take all necessary actions to secure funding in an amount not-to-exceed $1,700,000, in Fund 600001 Grant Fund – State to support the needs of refugee students at San Diego area schools.

Authorizing the Chief Financial Officer to accept, appropriate, and expend an amount not-toexceed $1,700,000 in, award funding to support the needs of refugee students in San Diego area schools; and for all related actions.

Authorizing the Mayor, or his designee, to negotiate and enter into a reimbursement agreement with the San Diego Unified School District and to advance up to $1,700,000 in award funds to the San Diego Unified School District to support the needs of refugee students in San Diego area schools; and for all related actions.

Committee Actions Taken: N/A
Office of Child and Youth Success: Andrea O'Hara, (858) 232-6579 City Attorney Contact: Nicole Pedone
COUNCIL ACTION: Start Time: 11:44 AM
MOTION BY SEAN ELO-RIVERA TO ADOPT. Second by Raul A. Campillo.

Passed by the following vote:

Item 332: San Diego Association of Governments (SANDAG) Housing Acceleration Program REAP Cycle 2 Grant - Authorizing Application, Acceptance, and Expenditure of Funds.

Total Estimated Cost of Proposed Action and Funding Source:

Minutes of the Council of the City of San Diego Page 30 for the Regular Meeting of Tuesday, August 1, 2023
This action will allow the City of San Diego to apply, accept, and expend grant funds in the amount of up to $4,800,000. Grant funds will be used for consultant costs related to the MidCity Community Plan Update, City/Public Property Affordable Home Master Plan, Inclusive Public Engagement Guide, Missing Middle Home Design, City Modeling, and the Pilot DIF Credit Program for Affordable Homes. Matching funds from the General Plan Maintenance Fund in the amount of $750,000 will be provided.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2024-26) ADOPTED AS RESOLUTION R-315095
Resolution authorizing application for, receipt, and expenditure of Housing Acceleration Grant Program funds for the Mid-City Community Plan update, City/Public Property Affordable Home Development Master Plan, City of San Diego Planning 101 Campaign, Missing Middle Housing Design, and Pilot DIF Credit Program for Affordable Homes.

Committee Actions Taken: N/A
Planning: Grant Ruroede, (619) 446-5347
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 12:00 PM
MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Raul A. Campillo.

Item 333: Approval of Smart Streetlight and Automatic License Plate Reader (“ALPR”) Technology Pursuant to the Transparent and Responsible Use of Surveillance Technology Ordinance.

Total Estimated Cost of Proposed Action and Funding Source:

The Police Department FY 2024 Budget allocated $3.5 million toward Smart Streetlight expenditures from the General Fund.

Council District(s) Affected: Citywide.

Minutes of the Council of the City of San Diego Page 31 for the Regular Meeting of Tuesday, August 1, 2023
Proposed Actions:

Subitem-A: (R-2024-39 Rev. Copy) ADOPTED AS AMENDED AS RESOLUTION R-315096 Resolution authorizing Smart Streetlight technology under the Transparent and Responsible Use of Surveillance Technology Ordinance.

Subitem-B: (R-2024-40 Rev. Copy) ADOPTED AS AMENDED AS RESOLUTION R-315097 Resolution authorizing Automated License Plate Reader technology under the Transparent and Responsible Use of Surveillance Technology Ordinance.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on July 19, 2023.

ACTION: Motion by Chair von Wilpert, second by Committee Member Campbell, to recommend Council approval of staff's proposed actions.

VOTE: 3-1; von Wilpert-yea, Campbell-yea, Campillo-yea, Montgomery Steppe-nay.

Police: Acting Captain Charles Lara, (619) 531-2949
City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 2:07 PM

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION AS AMENDED IN SUBITEM A BY ADDING THE FOLLOWING LANGUAGE: REQUEST THAT THE MAYOR’S OFFICE, IN

CONSULTATION WITH ANY RELEVANT DEPARTMENTS, AS WELL AS THE PRIVACY ADVISORY

BOARD, FURTHER DEVELOP LANGUAGE WITHIN THE SURVEILLANCE USE POLICY TO ADDRESS: 1) A PROCESS TO REVIEW AND ADJUST CAMERA PLACEMENTS BASED ON DATA FEEDBACK AND COMMUNITY NEEDS; 2) ADDITIONAL PROCEDURES TO PROTECT PRIVATE PROPERTY; 3) ADDITIONAL INFORMATION REGARDING SECURITY PRACTICES FOR DATA PROTECTION; 4) RESTRICTIONS ON THIRD-PARTY DATA SHARING, INCLUDING THROUGH SHARED MULTI-AGENCY DATABASES; 5) A REGULAR SCHEDULE FOR UPDATING TRAININGS AND REFRESHER TRAININGS AS NEEDED; 6) AUDIT PROCEDURES TO ENSURE ADHERENCE TO USE POLICIES AND PROCEDURES; AND 7) ANY ADDITIONAL CHANGES AS DEEMED

NECESSARY TO FOLLOW BEST PRACTICES, TO ACCOUNT FOR ANY CHANGES IN LAW, AND/OR TO FURTHER TRANSPARENT AND RESPONSIBLE USE. ADDITIONALLY, REQUEST THAT THE MAYOR’S OFFICE COME BACK WITH THE REVISED SURVEILLANCE USE POLICY TO COUNCIL FOR FUTURE REVIEW; AND REQUEST THAT THE MAYOR’S OFFICE PROVIDE AN INITIAL

REPORT ON SMART STREETLIGHT TECHNOLOGY TO COUNCIL WITHIN SIX MONTHS FOLLOWING CONTRACT APPROVALS. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.

Campillo, Vivian Moreno;
Minutes of the Council of the City of San Diego Page 32 for the Regular Meeting of Tuesday, August 1, 2023
Nay: Monica Montgomery Steppe, Sean Elo-Rivera;
Recused: (None);
Not Present: (None).

MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION AS AMENDED IN SUBITEM B BY ADDING THE FOLLOWING LANGUAGE: REQUEST THAT THE MAYOR’S OFFICE, IN

CONSULTATION WITH ANY RELEVANT DEPARTMENTS, AS WELL AS THE PRIVACY ADVISORY

REPORT ON SMART STREETLIGHT TECHNOLOGY TO COUNCIL WITHIN SIX MONTHS FOLLOWING CONTRACT APPROVALS. Second by Joe LaCava.

Passed by the following vote:

Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Kent Lee, Raul A.

Campillo;
Nay: Monica Montgomery Steppe, Vivian Moreno, Sean Elo-Rivera; Recused: (None);
Not Present: (None).

Item S500: Second Amendment to Agreement with Jones & Mayer to Provide Continued Legal Services as Panel Outside Counsel.

Total Estimated Cost of Proposed Action and Funding Source:

None at this time.

Council District(s) Affected: Citywide.

Proposed Actions:
(O-2024-9) INTRODUCED, TO BE ADOPTED TUESDAY, SEPTEMBER 12, 2023 Introduction of an Ordinance authorizing the Second Amendment to the legal services agreement between the City and Jones & Mayer to increase the total amount of time under the contract beyond five years, for a period not-to-exceed eight years. The increase is necessary to Minutes of the Council of the City of San Diego Page 33 for the Regular Meeting of Tuesday, August 1, 2023
continue work the Law Firm is performing on behalf of the City, which includes defending the City in the active litigation matter Fukuda et al. v. City of San Diego. 6 votes required pursuant to Charter Section 99.

Committee Actions Taken: N/A
Office of the City Attorney: M. Travis Phelps, (619) 533-5800 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO INTRODUCE. Second by Joe LaCava.

Passed by the following vote:

Item S501: Approval to Retain Wright, L’Estrange & Ergastolo as Outside Counsel to Provide Legal Services Related to City’s Emergency Medical Services and Ambulance Services, and Waiver of Potential Conflicts of Interest Pursuant to the California Rules of Professional Conduct Rule 1.7 and Council Policy No. 000-34.

Total Estimated Cost of Proposed Action and Funding Source:

The proposed LSA is for an amount not-to-exceed $50,000. Funding will come from the General Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2024-43) ADOPTED AS RESOLUTION R-315092
Resolution authorizing the retention of Wright, L’Estrange & Ergastolo as outside counsel to provide legal services related to City’s Emergency Medical Services and ambulance services.

Subitem-B: (R-2024-44) ADOPTED AS RESOLUTION R-315093
Resolution waiving potential conflicts of interest from Wright, L’Estrange & Ergastolo, pursuant to the California Rules of Professional Conduct, Rule 1.7, and Council Policy No. 000-34.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 34 for the Regular Meeting of Tuesday, August 1, 2023
Office of the City Attorney: Daniel Orloff, (619) 236-6223 COUNCIL ACTION: Start Time: 10:08 AM
CONSENT MOTION BY VIVIAN MORENO TO ADOPT. Second by Joe LaCava.

Passed by the following vote:

NOTE: The following Proclamation was NOT presented in Council Chambers.

Item S502: Menstrual Hygiene Equity Day.

COUNCILMEMBER LACAVA’S RECOMMENDATION

APPROVED
Proclaiming August 30th, 2023, to be “Menstrual Hygiene Equity Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 10:51 AM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Joe LaCava.

Passed by the following vote:

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 35 for the Regular Meeting of Tuesday, August 1, 2023

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 6:27 p.m. in honor of the memory of:

Connor Gerhart as requested by Councilmember von Wilpert and Councilmember Campillo.

COUNCIL ACTION: Start Time: 6:22 PM

San Diego City CouncilAugust 1, 2023

San Diego City Council
August 1, 2023