Cities Index.
Minutes

San Diego City Council
March 14, 2023

Document
Minutes
Meeting
March 14, 2023
Body
San Diego City Council
Original file
109 KB
Text extracted from the city's file for reading and search. Open the original on sandiego.hylandcloud.com. That file is the official record.

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE REGULAR COUNCIL MEETING
OF
TUESDAY, MARCH 14, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................4 ATTENDANCE DURING THE MEETING...................................................................................4 ROLL CALL ..........................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................5 NON-AGENDA PUBLIC COMMENT .........................................................................................5

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 SPECIAL ORDERS OF BUSINESS ...........................................................................................7 APPROVAL OF COUNCIL MINUTES........................................................................................7 Item 30: 2023 City of San Diego Women of Distinction..........................................................7 Item 31: Dr. Frank Tangeherlini Day ....................................................................................8 Item 32: Suella Steel Day....................................................................................................8 Item 33: Brigadier General Jason and Jane Conwell Morris Day..............................................9 Item 34: Ramadan Month....................................................................................................9 Item 35: Moana Jr. Performance Day .................................................................................10 Item 50: First Amendments to the As-Needed Civil Engineering Design Consultant Agreements With Michael Baker International, Inc. (H207140), Parsons Transportation Group, Inc. (H207141), Rick Engineering Company (H207142), and Nasland Engineering, Inc. (H207143).10 Item 51: Pure Water Program – Amendment No. 3 to the Agreement With Jacobs-CH2M Hill Engineers, Inc. for As-Needed Construction Management Services – Conveyance Projects - Contract Number H176955 .................................................................................................12 Minutes of Tuesday, March 14, 2023 Page 2
Table of Contents (Continued)
Item 52: Request to Exempt one (1) Assistant Deputy Director position in the Public Utilities Department from the Classified Service ...............................................................................14 Item 53: Pure Water Program – Amendment No. 2 to the Agreement with Parsons-Black & Veatch Joint Venture for As-Needed Construction Manager - Treatment Plant and Facilities Projects - Contract Number H176935 ..................................................................................15 Item 54: Amendments to Section 2, Article 6, Division 00 of the San Diego Municipal Code Creating a Climate Advisory Board and Repealing the Sustainable Energy Advisory Board ........... ........................................................................................................................................16 Item 55: Amendments to Section 2, Article 6, Division 10 of the San Diego Municipal Code Creating a Resiliency Advisory Board and Repealing the Wetlands Advisory Board ..................17 Item 100: Pro Bono Retention Agreement of Akin Gump Strauss Hauer & Feld LLP in Verdun v.

City of San Diego ...............................................................................................................18 Item 101: FY 2023 Community Projects, Programs and Services Funding Allocations to A.) Mira Mesa Town Council, B.) NOLAH, Inc, and C.) Vietnamese American Youth Alliance.................... ........................................................................................................................................19 Item 102: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to Penasquitos Little League for Youth Baseball Program Field and Equipment Improvements .....20 Item 103: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to Promises2Kids Foundation for Foster Care Education Summit................................................21 Item 104: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to Persian Cultural Center for Nowruz 2023 (Persian New Year Celebration)...............................22 Item 105: FY 2023 Community Projects, Programs and Services Funding Allocations to A.) C&C Mentor Protégé, B.) Diamond Business Association, Inc, C.) Dreams & Ducats, D.) Elementary Institute of Science, and E.) The Blue Heart Foundation .......................................................24 Item 106: Appointments and Reappointment to the Commission on Gang Prevention and Intervention ......................................................................................................................25 Item 107: Appointments and Reappointments to the Youth Commission...............................26 Item 330: Black Lives Experiencing Homelessness Matter: A Critical Conceptual Framework for Understanding How Policing Drives System Avoidance Among Vulnerable Populations ................ ........................................................................................................................................26 Item 331: 2023 City Council Work Plan...............................................................................27 Item S500: NOWRUZ 1402 ................................................................................................27 Minutes of Tuesday, March 14, 2023 Page 3
Table of Contents (Continued)
Item S501: Women’s History Month ...................................................................................28 Item S502: Changes to the City Attorney's Sex Trafficking Education and Prevention Program (STEPP), Formerly Known as the Prostitution Impact Panel (PIP)...........................................28 REPORT OUT FROM CLOSED SESSION................................................................................29 ADJOURNMENT .................................................................................................................30 Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Tuesday, March 14, 2023
CHRONOLOGY OF THE MEETING:

The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 11:43 a.m. for the noon recess to be reconvened at 2:00 p.m.

The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 3:56 p.m.

ATTENDANCE DURING THE MEETING:

PRESENT:

CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno
CD-9 Council President Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Fuentes (mrh/km)

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
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present

PLEDGE OF ALLEGIANCE
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Tuesday, March 14, 2023
The Pledge of Allegiance was led by Councilmember von Wilpert.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Bonnie Anderson commented on code violations.

COUNCIL ACTION: Start Time: 11:26 AM
PUBLIC COMMENT-2 (virtual):

Robert Wertz commented on bonsai and traffic island on Mission Center Rd.

COUNCIL ACTION: Start Time: 11:28 AM
PUBLIC COMMENT-3 (virtual):

Blair Beekman commented on the Privacy Advisory meeting.

COUNCIL ACTION: Start Time: 11:30 AM
PUBLIC COMMENT-4 (virtual):

Becky Rapp commented on the marijuana expansion plan.

COUNCIL ACTION: Start Time: 11:32 AM
PUBLIC COMMENT-5 (virtual):

Diane Grace commented on social equity programs.

COUNCIL ACTION: Start Time: 11:35 AM
PUBLIC COMMENT-6 (virtual):

Joy Sunyata commented on restrooms in Downtown San Diego.

COUNCIL ACTION: Start Time: 11:37 AM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Tuesday, March 14, 2023
PUBLIC COMMENT-7 (virtual):

Judi Strang commented on drug use trend with marijuana.

COUNCIL ACTION: Start Time: 11:39 AM
PUBLIC COMMENT-8 (virtual):

Peggy Walker commented on the opioid crisis.

COUNCIL ACTION: Start Time: 11:41 AM

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

Councilmember von Wilpert commented on Equal Pay Day in the United States of America and the pay gap between men and women in similar occupations. She commented on California and other States taking action to close the pay gap by prohibiting basing someone’s salary on their salary history.

COUNCIL ACTION: Start Time: 10:16 AM

SPECIAL ORDERS OF BUSINESS
None.

APPROVAL OF COUNCIL MINUTES

APPROVED
2/13/2023
2/14/2023
2/20/2023 Adjourned
2/21/2023 Adjourned
COUNCIL ACTION: Start Time: 10:03 AM
MOTION BY MARNI VON WILPERT TO APPROVE. Second by Monica Montgomery Steppe.

Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Tuesday, March 14, 2023
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);
Not Present: (None).

Item 30: 2023 City of San Diego Women of Distinction.

MAYOR GLORIA, COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM

MONTGOMERY STEPPE, COUNCILMEMBER LACAVA, COUNCILMEMBER CAMPBELL,

COUNCILMEMBER WHITBURN, COUNCILMEMBER VON WILPERT, COUNCILMEMBER LEE, COUNCILMEMBER CAMPILLO, AND COUNCILMEMBER MORENO'S RECOMMENDATION:

ITEM PRESENTED
In recognition of March as Women's History Month, the Mayor and the City Council will be recognizing ten inspirational, courageous, and strong local women who help make the City of San Diego a better place. The Mayor's office worked with each Councilmember individually for this ceremonial item. In addition to the Mayor's selected city-wide honoree, each individual Councilmember selected and submitted to the Mayor's office one Woman of Distinction honoree who lives, works, or goes to school in their Council District.

COUNCIL ACTION: Start Time: 10:18 AM
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item 31: Dr. Frank Tangeherlini Day.

COUNCILMEMBER LACAVA AND COUNCILMEMBER LEE'S RECOMMENDATION:

APPROVED
Proclaiming March 14, 2023, to be “Dr. Frank Tangeherlini Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:08 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.

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 8
for the Regular Meeting of Tuesday, March 14, 2023
Nay: (None);
Recused: (None);
Not Present: (None).

Item 32: Suella Steel Day.

COUNCILMEMBER LACAVA'S RECOMMENDATION:

APPROVED
Proclaiming March 14, 2023, to be “Suella Steel Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:08 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.

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);
Not Present: (None).

Item 33: Brigadier General Jason and Jane Conwell Morris Day.

COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming Monday, April 3, 2023, to be “Brigadier General Jason and Jane Conwell Morris Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:08 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.

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);
Not Present: (None).

Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Tuesday, March 14, 2023
Item 34: Ramadan Month.

PRESENTED BY COUNCIL PRESIDENT ELO-RIVERA, COUNCIL PRESIDENT PRO TEM

MONTGOMERY STEPPE, COUNCILMEMBER LEE AND COUNCILMEMBER CAMPILLO'S RECOMMENDATION:

APPROVED
Proclaiming March - April 2023, to be “RAMADAN MONTH” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:08 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.

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);
Not Present: (None).

Item 35: Moana Jr. Performance Day.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE'S RECOMMENDATION:

APPROVED
Proclaiming March 18, 2023, to be “Moana Jr. Performance Day” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:08 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.

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);
Not Present: (None).

Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Tuesday, March 14, 2023
Item 50: First Amendments to the As-Needed Civil Engineering Design Consultant Agreements With Michael Baker International, Inc. (H207140), Parsons Transportation Group, Inc. (H207141), Rick Engineering Company (H207142), and Nasland Engineering, Inc. (H207143).

Total Estimated Cost of Proposed Action and Funding Source:

These amendments will extend contract duration only and do not have associated Fiscal Considerations.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (O-2023-121) INTRODUCED, TO BE ADOPTED TUESDAY, APRIL 11, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the as-needed Agreement with Michael Baker International, Inc. (H207140) extending the Agreement to 72 months to complete tasks that already issued under the Agreement.
6 votes required pursuant to Charter Section 99.

Subitem-B: (O-2023-122) INTRODUCED, TO BE ADOPTED TUESDAY, APRIL 11, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the as-needed Agreement with Parsons Transportation Group, Inc. (H207141) extending the Agreement to 72 months to complete tasks that already issued under the Agreement.
6 votes required pursuant to Charter Section 99.

Subitem-C: (O-2023-124) INTRODUCED, TO BE ADOPTED TUESDAY, APRIL 11, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the as-needed Agreement with Rick Engineering Company (H207142) extending the Agreement to 72 months to complete tasks that already issued under the Agreement. 6 votes required pursuant to Charter Section 99.

Subitem-D: (O-2023-123) INTRODUCED, TO BE ADOPTED TUESDAY, APRIL 11, 2023 Introduction of an Ordinance authorizing the Mayor, or his designee, to execute the First Amendment to the as-needed Agreement with Nasland Engineering, Inc. (H207143) extending the Agreement to 72 months to complete tasks that already issued under the Agreement. 6 votes required pursuant to Charter Section 99.

Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Tuesday, March 14, 2023
Committee Actions Taken:

This item was heard at the Active Transportation and Infrastructure Committee meeting on February 22, 2023.

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

VOTE: 3-0; Lee-yea, LaCava-yea, Montgomery Steppe-yea, von Wilpert-not present.

Engineering & Capital Projects: Carrie Purcell, (619) 533-5124 City Attorney Contact: Dana C. Fairchild
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO INTRODUCE. Second by Kent Lee.

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);
Not Present: (None).

Item 51: Pure Water Program – Amendment No. 3 to the Agreement With Jacobs-CH2M Hill Engineers, Inc. for As-Needed Construction Management Services – Conveyance Projects - Contract Number H176955.

Total Estimated Cost of Proposed Action and Funding Source:

An amount not-to-exceed $40,000,000.00, for a contract extension of 39 months, thus increasing the total amount of the agreement to $85,000,000.00, and increasing the contract duration to 99 months from the following two Water Funds: 700011 (Water Utility Operating), 700010 (Water Utility CIP); and the two Sewer Funds: 700001(Metro Sewer Utility), 700009 (Metro Sewer CIP).

Council District(s) Affected: 1, 2, 5, 6, 7.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/28/2023, Item 50 (Council voted 9-0):
(O-2023-117 Cor. Copy) ADOPTED AS ORDINANCE O-21621 (New Series) Minutes of the Council of the City of San Diego Page 12 for the Regular Meeting of Tuesday, March 14, 2023
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 3 to the Agreement with Jacobs-CH2M Hill Engineers, Inc. extending the Agreement through July, 2026, in connection with an As-Needed Construction Management Services - Conveyance Projects for the Pure Water Project.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on February 9, 2023.

ACTION: Motion by Vice Chair von Wilpert, second by Chair LaCava, to recommend Council approval of Staff's proposed actions.

VOTE: 4-0; LaCava-yea, von Wilpert-yea, Campbell-yea, Campillo-yea Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.

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);
Not Present: (None).

Item 52: Request to Exempt one (1) Assistant Deputy Director position in the Public Utilities Department from the Classified Service.

Total Estimated Cost of Proposed Action and Funding Source:

The estimated cost for this budgeted position is anticipated to be $166,000 and is funded by the Water Utility Operating Fund.

Council District(s) Affected: Citywide.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/28/2023, Item 51 (Council voted 9-0):

Minutes of the Council of the City of San Diego Page 13 for the Regular Meeting of Tuesday, March 14, 2023
(O-2023-113) ADOPTED AS ORDINANCE O-21622 (New Series)
Ordinance authorizing the exemption of an Assistant Deputy Director position in the City's Public Utilities Department from the Classified Service, based on advisory review and favorable comment by the Civil Service Commission on November 3, 2022. This position will be responsible for developing and overseeing the Dam Safety Program. This Action is brought under San Diego Charter Section 117(a)(17).

Committee Actions Taken: N/A
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Miguel Merrell
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.

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);
Not Present: (None).

Item 53: Pure Water Program – Amendment No. 2 to the Agreement with Parsons-Black & Veatch Joint Venture for As-Needed Construction Manager - Treatment Plant and Facilities Projects - Contract Number H176935.

Total Estimated Cost of Proposed Action and Funding Source:

An amount not-to-exceed $35,000,000.00, and for a contract extension of 36 months, thus increasing the total amount of the agreement to $110,000,000.00, and increasing the contract duration to 8 years from the following two Water Funds: 700011 (Water Utility Operating), 700010 (Water Utility CIP); and the following two Sewer Funds: 700001 (Metro Sewer Utility), 700009 (Metro Sewer CIP).

Council District(s) Affected: 1, 5, 6.

Proposed Actions:

Adopt the following Ordinance which was introduced on 2/28/2023, Item 60, Subitem-B (Council voted 9-0):
(O-2023-116 Cor. Copy) ADOPTED AS ORDINANCE O-21623 (New Series) Minutes of the Council of the City of San Diego Page 14 for the Regular Meeting of Tuesday, March 14, 2023
Ordinance authorizing the Mayor, or his designee, to execute Amendment No. 2 to the Agreement with Parsons-Black & Veatch Joint Venture extending the Agreement through July 2026, in connection with As-Needed Construction Manager - Treatment Plant and Facilities Projects for the Pure Water Project.
6 votes required pursuant to Charter Section 99.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on February 9, 2023.

ACTION: Motion by Vice Chair von Wilpert, second by Chair LaCava, to recommend Council approval of Staff's proposed actions.

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

Engineering & Capital Projects: Akram Bassyouni, (619) 533-3616 City Attorney Contact: Elizabeth Cason
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.

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);
Not Present: (None).

Item 54: Amendments to Section 2, Article 6, Division 00 of the San Diego Municipal Code Creating a Climate Advisory Board and Repealing the Sustainable Energy Advisory Board.

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

Proposed Actions:

Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 2/28/2023, Item 330 (Council vote 9-0):
(O-2023-108 Rev.) ADOPTED AS ORDINANCE O-21624 (New Series) Minutes of the Council of the City of San Diego Page 15 for the Regular Meeting of Tuesday, March 14, 2023
Ordinance amending Chapter 2, Article 6, Division 00 of the San Diego Municipal Code by repealing section 26.04 and by adding new section 26.40 and 26.41 establishing the Climate Advisory Board and disbanding the Sustainable Energy Advisory Board.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on November 21, 2022.

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

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

Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.

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);
Not Present: (None).

Item 55: Amendments to Section 2, Article 6, Division 10 of the San Diego Municipal Code Creating a Resiliency Advisory Board and Repealing the Wetlands Advisory Board.

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

Proposed Actions:

Adopt the following Ordinance which was amended by Council action by interlineation at the time of introduction on 2/28/2023, Item 331 (Council vote 9-0):
(O-2023-109 Rev.) ADOPTED AS ORDINANCE O-21625 (New Series) Minutes of the Council of the City of San Diego Page 16 for the Regular Meeting of Tuesday, March 14, 2023
Ordinance amending Chapter 2, Article 6, Division 10 of the San Diego Municipal Code by retitling Division 10, amending sections 26.1001 and 26.1002 and adding section 26.1003 establishing the Resiliency Advisory Board and disbanding the Wetlands Advisory Board.

Committee Actions Taken:

This item was heard at the Environment Committee meeting on November 21, 2022.

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

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

Council District 1: Brian Elliott, (619) 510-6874
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:05 AM

CONSENT MOTION BY STEPHEN WHITBURN TO DISPENSE WITH THE READING AND ADOPT THE ORDINANCE. Second by Kent Lee.

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);
Not Present: (None).

Item 100: Pro Bono Retention Agreement of Akin Gump Strauss Hauer & Feld LLP in Verdun v.

City of San Diego.

Total Estimated Cost of Proposed Action and Funding Source:

No funding is requested as part of this action, as the law firm will assist the City pro bono.

Council District(s) Affected: Citywide.

Proposed Actions:
(R-2023-417) ADOPTED AS RESOLUTION R-314652
Resolution authorizing the retention of Akin Gump Strauss Hauer & Feld LLP to assist with the City’s defense of Andre Verdun v. City of San Diego at the Supreme Court on a pro bono basis.

Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 17 for the Regular Meeting of Tuesday, March 14, 2023
Office of the City Attorney: Tyler Krentz, (619) 533-4542 COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

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);
Not Present: (None).

Item 101: FY 2023 Community Projects, Programs and Services Funding Allocations to A.) Mira Mesa Town Council, B.) NOLAH, Inc, and C.) Vietnamese American Youth Alliance.

Total Estimated Cost of Proposed Action and Funding Source:

These Agreements with A.) Mira Mesa Town Council, B.) NOLAH, Inc, and C.) Vietnamese American Youth Alliance are for an aggregate amount not to exceed $24,500 in previously budgeted Community Projects, Programs, and Services (CPPS) funds, pursuant to recommended allocations by Council District 6.

Council District(s) Affected: 6.

Proposed Actions:

Subitem-A: (R-2023-411) ADOPTED AS RESOLUTION R-314653
Resolution determining that the approval of the Community Projects, Programs, and Services FY 2023 City Council Allocations Agreements between the City and 1.) the Mira Mesa Town Council,

2.) NOLAH, Inc., and 3.) the Vietnamese American Youth Alliance are exempt from the California Environmental Quality Act pursuant to sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (R-2023-410) ADOPTED AS RESOLUTION R-314654
Resolution authorizing the Mayor, or their designee, to enter into Agreements with 1.) the Mira Mesa Town Council, in an amount not to exceed $7,500; 2.) NOLAH, Inc., in an amount not to exceed $2,000; and 3.) the Vietnamese American Youth Alliance, in an amount not to exceed $15,000, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs, and Services."
Committee Actions Taken: N/A
Minutes of the Council of the City of San Diego Page 18 for the Regular Meeting of Tuesday, March 14, 2023
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

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);
Not Present: (None).

Item 102: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to Penasquitos Little League for Youth Baseball Program Field and Equipment Improvements.

Total Estimated Cost of Proposed Action and Funding Source:

This Agreement with Penasquitos Little League is for an amount not-to-exceed $11,950.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 5 and 6.

Council District(s) Affected: 5, 6.

Proposed Actions:

Subitem-A: (R-2023-435) ADOPTED AS RESOLUTION R-314655
Resolution determining that the approval of the Community Projects, Programs, and Services FY 2023 City Council Allocations Agreement between the City and Penasquitos Little League is exempt from the California Environmental Quality Act pursuant to sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (R-2023-434) ADOPTED AS RESOLUTION R-314656
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with Penasquitos Little League, in an amount not to exceed $11,950, pursuant to Council Policy 100- 06, “City Council Funding of Community Projects, Programs, and Services.” Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
Minutes of the Council of the City of San Diego Page 19 for the Regular Meeting of Tuesday, March 14, 2023
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

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);
Not Present: (None).

Item 103: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to Promises2Kids Foundation for Foster Care Education Summit.

Total Estimated Cost of Proposed Action and Funding Source:

This Agreement with Promises2Kids Foundation for Foster Care Education Summit is for an amount not-to-exceed $4,500.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 2 and 5.

Council District(s) Affected: 2, 5.

Proposed Actions:

Subitem-A: (R-2023-438) ADOPTED AS RESOLUTION R-314657
Resolution determining that the approval of the Community Projects, Programs, and Services FY 2023 City Council Allocations Agreement between the City and the Promises2Kids Foundation is exempt from the California Environmental Quality Act pursuant to sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (R-2023-437) ADOPTED AS RESOLUTION R-314658
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with the Promises2Kids Foundation, in an amount not-to-exceed $4,500, pursuant to Council Policy 100- 06, “City Council Funding of Community Projects, Programs, and Services.” Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:05 AM
Minutes of the Council of the City of San Diego Page 20 for the Regular Meeting of Tuesday, March 14, 2023
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

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);
Not Present: (None).

Item 104: FY 2023 Community Projects, Programs and Services Funding Allocation(s) to Persian Cultural Center for Nowruz 2023 (Persian New Year Celebration).

Total Estimated Cost of Proposed Action and Funding Source:

This Agreement with Persian Cultural Center is for an amount not-to-exceed $4,250.00, in previously budgeted Community Projects, Programs and Services (CPPS) funds, pursuant to recommended allocations by Council Districts 5 and 7.

Council District(s) Affected: 5, 7.

Proposed Actions:

Subitem-A: (R-2023-440) ADOPTED AS RESOLUTION R-314659
Resolution determining that the approval of the Community Projects, Programs, and Services FY 2023 City Council Allocations Agreement between the City and the Persian Cultural Center is exempt from the California Environmental Quality Act pursuant to sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (R-2023-439) ADOPTED AS RESOLUTION R-314660
Resolution authorizing the Mayor, or their designee, to enter into an Agreement with the Persian Cultural Center, in an amount not-to-exceed $4,250, pursuant to Council Policy 100-06, “City Council Funding of Community Projects, Programs, and Services.” Committee Actions Taken: N/A
Council Administration: Malachi Bielecki, (619) 236-7709 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

Passed by the following vote:

Minutes of the Council of the City of San Diego Page 21 for the Regular Meeting of Tuesday, March 14, 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 105: FY 2023 Community Projects, Programs and Services Funding Allocations to A.) C&C Mentor Protégé, B.) Diamond Business Association, Inc, C.) Dreams & Ducats, D.) Elementary Institute of Science, and E.) The Blue Heart Foundation.

Total Estimated Cost of Proposed Action and Funding Source:

These Agreements with A.) C&C Mentor Protégé, B.) Diamond Business Association, Inc, C.) Dreams & Ducats, D.) Elementary Institute of Science, and E.) The Blue Heart Foundation is for an aggregate amount not-to-exceed $30,000, in previously budgeted Community Projects, Programs, and Services (CPPS) funds, pursuant to recommended allocations by Council District

4. Council District(s) Affected: 4.

Proposed Actions:

Subitem-A: (R-2023-433) ADOPTED AS RESOLUTION R-314661
Resolution determining that the approval of the Community Projects, Programs, and Services FY 2023 City Council Allocations Agreements between the City and 1.) C&C Mentor Protege, 2.) Diamond Business Association, Inc., 3.) Dreams & Ducats, 4.) Elementary Institute of Science, and 5.) The Blue Heart Foundation are exempt from the California Environmental Quality Act pursuant to sections 15301 and 15323 of the CEQA Guidelines.

Subitem-B: (R-2023-432) ADOPTED AS RESOLUTION R-314662
Resolution authorizing the Mayor, or their designee, to enter into Agreements with 1.) C&C Mentor Protege, in an amount not-to-exceed $5,000; 2.) Diamond Business Association, Inc., in an amount not-to-exceed $10,000; 3.) Dreams & Ducats, in an amount not-to-exceed $5,000;

4.) Elementary Institute of Science, in an amount not-to-exceed $5,000; and 5.) The Blue Heart Foundation, in an amount not-to-exceed $5,000, pursuant to Council Policy 100-06, "City Council Funding of Community Projects, Programs, and Services." Committee Actions Taken: N/A
Council Administration: Abigail Edwards, (619) 236-5918 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:05 AM
Minutes of the Council of the City of San Diego Page 22 for the Regular Meeting of Tuesday, March 14, 2023
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

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);
Not Present: (None).

Item 106: Appointments and Reappointment to the Commission on Gang Prevention and Intervention.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 2, 3, 7.

Proposed Actions:
(R-2023-446) ADOPTED AS RESOLUTION R-314663
Resolution confirming the Mayor's appointments to the Commission on Gang Prevention and Intervention of Sheryl Harris for a term ending July 1, 2023, and Dr. Tezeru Teshome for a term ending July 1, 2024, and reappointment of D'Andre Brooks for a term ending July 1, 2024.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:05 AM
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

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);
Not Present: (None).

Minutes of the Council of the City of San Diego Page 23 for the Regular Meeting of Tuesday, March 14, 2023
Item 107: Appointments and Reappointments to the Youth Commission.

Total Estimated Cost of Proposed Action and Funding Source:

There are no City expenditures being authorized with this action.

Council District(s) Affected: 1, 2, 3, 6, 7, 8, 9.

Proposed Actions:
(R-2023-441) RETURNED TO STAFF
Resolution confirming the Mayor's appointments and reappointments to the City of San Diego Youth Commission for terms ending July 1, 2024.

Committee Actions Taken: N/A
Office of Boards and Commissions: Chida Warren-Darby, (619) 533-3940 City Attorney Contact: Justin Bargar
COUNCIL ACTION: Start Time: 10:05 AM
Item 330: Black Lives Experiencing Homelessness Matter: A Critical Conceptual Framework for Understanding How Policing Drives System Avoidance Among Vulnerable Populations.

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

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Council District 9: Brendan Dentino, (619) 236-6699
COUNCIL ACTION: Start Time: 2:02 PM
Item 331: 2023 City Council Work Plan.

Minutes of the Council of the City of San Diego Page 24 for the Regular Meeting of Tuesday, March 14, 2023
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:

ITEM PRESENTED
This item is informational only.

Committee Actions Taken: N/A
Council District 9: Brendan Dentino, (619) 236-6699
COUNCIL ACTION: Start Time: 3:28 PM
NOTE: The following Proclamations were NOT presented in Council Chambers.

Item S500: NOWRUZ 1402.

COUNCIL PRESIDENT ELO-RIVERA, COUNCILMEMBER LEE, AND COUNCILMEMBER CAMPILLO’S RECOMMENDATION:

APPROVED
Proclaiming March 20, 2023, to be the beginning of “NOWRUZ 1402” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:08 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.

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);
Not Present: (None).

Item S501: Women’s History Month.

COUNCIL PRESIDENT PRO TEM MONTGOMERY STEPPE, COUNCILMEMBER CAMPBELL, COUNCILMEMBER VON WILPERT, AND COUNCILMEMBER MORENO'S RECOMMENDATION:

Minutes of the Council of the City of San Diego Page 25 for the Regular Meeting of Tuesday, March 14, 2023

APPROVED
Proclaiming March 2023 as “Women’s History Month” in the City of San Diego.

COUNCIL ACTION: Start Time: 11:08 AM
MOTION BY JOE LACAVA TO APPROVE. Second by Kent Lee.

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);
Not Present: (None).

Item S502: Changes to the City Attorney's Sex Trafficking Education and Prevention Program (STEPP), Formerly Known as the Prostitution Impact Panel (PIP).

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

Proposed Actions:
(R-2023-357) ADOPTED AS RESOLUTION R-314664
Resolution authorizing an increase in the penalty fee for the Sex Trafficking Education and Prevention Program (STEPP) from $200, to $600, and to direct the City Clerk to amend the Ratebook of City Fees and Charges to reflect the penalty fee increase.

Committee Actions Taken:

This item was heard at the Public Safety Committee meeting on February 15, 2023.

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

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

Office of the City Attorney: Angela Law, Chief Deputy City Attorney, (619) 533-5500 City Attorney Contact: Lara Easton
COUNCIL ACTION: Start Time: 10:05 AM
Minutes of the Council of the City of San Diego Page 26 for the Regular Meeting of Tuesday, March 14, 2023
CONSENT MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Kent Lee.

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);
Not Present: (None).

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 27 for the Regular Meeting of Tuesday, March 14, 2023

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:56 p.m.

COUNCIL ACTION: Start Time: 3:56 PM

← All documents from this meeting