THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, JANUARY 31, 2022
AT 2:00 PM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................3 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................4
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 Item 200: Performance Audit of the City’s General Fund User Fees.........................................6 Item 250: Submission of Ballot Proposals for the November 8, 2022, Ballot ............................6 Item S400: Update Regarding the Independent Budget Analyst (IBA) Recruitment and Call for Community and Councilmember Input Regarding Preferred Skills ............................................8 Item S401: Fourth Amendment to the Agreement with Dr. David Victor for Energy Market Expert Review Services for the San Vicente Hydroelectric Pumped Storage Project ...................8 Item S402: Resolution Approving the Joint Agreement Between the City and San Diego Municipal Employees Association, AFSCME Local 127 Regarding the Unwinding of Proposition B for Current Employees Hired on or after July 20, 2012 and Before July 10, 2021 and the Extension of Certain Terms of the Tentative Agreement to Similarly Situated Unclassified and Unrepresented Employees ..................................................................................................10 REPORT OUT FROM CLOSED SESSION................................................................................11 ADJOURNMENT .................................................................................................................11 Minutes of Monday, January 31, 2022 Page 2
Table of Contents (Continued)
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, January 31, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:00 p.m. Council President Elo-Rivera recessed the meeting at 2:06 p.m. for the purpose of a break. Council President EloRivera reconvened the meeting at 2:09 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 3:12 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 3:17 p.m. with all Councilmembers present.
The meeting was adjourned by Council President Elo-Rivera at 4:11 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 Chris Cate
*CD-7 Councilmember Raul A. Campillo
*CD-8 Councilmember Vivian Moreno
*CD-9 Council President Sean Elo-Rivera
ABSENT:
None.
CITY CLERK:
Maland (mrh)
*NOTE: Councilmember LaCava, Councilmember Whitburn, Councilmember Cate, Councilmember Campillo, Councilmember Moreno, and Council President Elo-Rivera were present in Chambers.
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 Cate-present
(7) Councilmember Campillo-present
(8) Councilmember Moreno-present
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, January 31, 2022
(9) Council President Elo-Rivera-present
INVOCATION
The invocation was given by City Clerk Elizabeth Maland.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember von Wilpert.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Sandra Stahl commented on unleaded fuel.
COUNCIL ACTION: Start Time: 3:55 PM
PUBLIC COMMENT-2:
Kathleen Lippitt commented on marijuana.
COUNCIL ACTION: Start Time: 3:57 PM
PUBLIC COMMENT-3:
Bob Kuczewski commented on the Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 3:59 PM
PUBLIC COMMENT-4:
Francine Maxwell commented on Interim Commissioners.
COUNCIL ACTION: Start Time: 4:01 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, January 31, 2022
PUBLIC COMMENT-5:
Mitchell Malachowski commented on mobile billboards.
COUNCIL ACTION: Start Time: 4:03 PM
PUBLIC COMMENT-6:
Kelly McCormick commented on marijuana.
COUNCIL ACTION: Start Time: 4:04 PM
PUBLIC COMMENT-7:
John Stump commented on charging fees.
COUNCIL ACTION: Start Time: 4:06 PM
PUBLIC COMMENT-8:
Daniel Smiechowski commented on bike lanes.
COUNCIL ACTION: Start Time: 4:07 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
None.
Item 200: Performance Audit of the City’s General Fund User Fees.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
ITEM PRESENTED
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, January 31, 2022
This item is informational only.
Committee Actions Taken:
This item was heard at the Audit Committee meeting on October 27, 2021.
ACTION: Motion by Vice Chair LaCava, second by Committee Member Halpern, to accept the report and forward to the City Council as an information item.
VOTE: 5-0; Moreno-yea, LaCava-yea, Halpern-yea, Maffia-yea, Tabshouri-yea.
Office of the City Auditor: Nathan Otto, (619) 533-3018 COUNCIL ACTION: Start Time: 3:37 PM
NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.
Item 250: Submission of Ballot Proposals for the November 8, 2022, Ballot.
City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected].
Therefore, the City Clerk’s Office has established the following calendar for the November 8, 2022, election.
DAY DATE DAYS
BEFORE
ELECTION
EVENT
Monday 04/04/22 218 LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, January 31, 2022
Wednesday
Wednesday
04/20/22
06/08/22
202
153
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Thursday -
Friday
06/09/22 -
08/12/22
152 -
88 Council discusses measures and adopts
ordinances prepared by City Attorney to place
measures on the ballot
Friday 08/12/22 88 Last day for City Clerk to file with Registrar of Voters election material (ordinances and
resolutions related to the calling of election
and measure(s), if any)
Tuesday 08/16/22 84 Last day to submit the Fiscal Impact Analysis; Ballot and Title Summary; and Impartial
Analysis with City Clerk
Friday 08/19/22 81 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information. If you have questions, please contact the Office of the City Clerk at [email protected] or (619) 533-4000.
Item S400: Update Regarding the Independent Budget Analyst (IBA) Recruitment and Call for Community and Councilmember Input Regarding Preferred Skills and Qualifications.
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
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, January 31, 2022
Council President's Office: Lydia Van Note, (619) 236-6699 COUNCIL ACTION: Start Time: 2:04 PM
Item S401: Fourth Amendment to the Agreement with Dr. David Victor for Energy Market Expert Review Services Regarding the San Vicente Hydroelectric Pumped Storage Project.
Total Estimated Cost of Proposed Action and Funding Source:
The total not to exceed amount of the Fourth Amendment is $200,000, for a total cost of $680,000, to be paid from the Water Utility Operating Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(O-2022-80) INTRODUCED, TO BE ADOPTED TUESDAY, FEBRUARY 15, 2022 Introduction of an Ordinance approving the Fourth Amendment to the Agreement with Dr. David Victor for Energy Market Expert Review Services Regarding the San Vicente Hydroelectric Pumped Storage Project, adding a not to exceed amount of $200,000, for a total cost of $680,000, and extending the term to August 22, 2025.
6 votes required pursuant to Charter Section 99.
Committee Actions Taken:
This item was heard at the Environment Committee meeting on January 20, 2022.
ACTION: Motion by Councilmember Campillo, second by Councilmember Campbell, to recommend Council approval of staff's recommendation.
VOTE: 3-1; LaCava-yea, Campbell-yea, Campillo-yea, von Wilpert-nay.
Public Utilities: Keli Balo, (858) 292-6423
City Attorney Contact: Ray Palmucci
COUNCIL ACTION: Start Time: 3:19 PM
MOTION BY JOE LACAVA TO INTRODUCE. Second by Jennifer Campbell.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, January 31, 2022
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item S402: Resolution Approving the Joint Agreement Between the City and San Diego Municipal Employees Association, AFSCME Local 127 Regarding the Unwinding of Proposition B for Current Employees Hired on or after July 20, 2012 and Before July 10, 2021 and the Extension of Certain Terms of the Tentative Agreement to Similarly Situated Unclassified and Unrepresented Employees.
Total Estimated Cost of Proposed Action and Funding Source:
Please see the Fiscal Considerations section of the Staff Report.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-250) ADOPTED AS RESOLUTION R-313873
Resolution approving a joint tentative agreement between the City and MEA and Local 127 regarding the unwinding of Proposition B for current employees hired on or after July 20, 2012 and before July 10, 2021, and the extension of certain terms of the tentative agreement to similarly situated unclassified, unrepresented employees.
Two votes are required for this item:
1) Approval of the joint tentative agreement between the City and MEA and Local 127 regarding the unwinding of Proposition B for current employees hired on or after July 20, 2012 and before July 10, 2021.
2) Approval of the extension of the terms of the joint tentative agreement to unrepresented, unclassified employees who were initially hired on or after July 20, 2012 and before July 10, 2021, with the exception of the provisions regarding payment dd the seven percent interest penalty in the PERB Order.
Committee Actions Taken: N/A
Human Resources: Curt Glaser, (619) 846-4876
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 2:28 PM
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, January 31, 2022
MOTION BY CHRIS CATE TO ADOPT A RESOLUTION APPROVING THE JOINT TENTATIVE AGREEMENT BETWEEN THE CITY AND MEA AND LOCAL 127 REGARDING THE UNWINDING OF PROPOSITION B FOR CURRENT EMPLOYEES HIRED ON OR AFTER JULY 20, 2012 AND BEFORE JULY 10, 2021. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Chris Cate, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: Marni von Wilpert, Raul A. Campillo;
Not Present: (None).
MOTION BY CHRIS CATE TO ADOPT A RESOLUTION APPROVING OF THE EXTENSION OF THE
TERMS OF THE JOINT TENTATIVE AGREEMENT TO UNREPRESENTED, UNCLASSIFIED EMPLOYEES WHO WERE INITIALLY HIRED ON OR AFTER JULY 20, 2012 AND BEFORE JULY 10, 2021, WITH THE EXCEPTION OF THE PROVISIONS REGARDING PAYMENT DD THE SEVEN PERCENT INTEREST PENALTY IN THE PERB ORDER. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Chris Cate, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: Marni von Wilpert, Raul A. Campillo;
Not Present: (None).
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 11 for the Regular Meeting of Monday, January 31, 2022
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:11 p.m. in honor of the memory of:
Mr. Willie Washington as requested by Councilmember Campbell.
COUNCIL ACTION: Start Time: 4:10 PM