THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, FEBRUARY 28, 2022
AT 2:00 PM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
-VIRTUAL MEETINGTable of Contents
CHRONOLOGY OF THE MEETING..........................................................................................2 ATTENDANCE DURING THE MEETING...................................................................................2 ROLL CALL ..........................................................................................................................2 INVOCATION.......................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................3
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 Item 200: Consideration of Policy Issues Related to the Implementation of the Commission on Police Practices....................................................................................................................7 Item 250: Submission of Ballot Proposals for the November 8, 2022, Ballot ............................9 REPORT OUT FROM CLOSED SESSION................................................................................10 ADJOURNMENT .................................................................................................................11 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, February 28, 2022
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 2:00 p.m. Councilmember Campbell left the meeting at 4:25 p.m. The meeting was adjourned by Council President EloRivera at 4:57 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 (cp)
*NOTE: Councilmember LaCava, Councilmember Campbell, Councilmember Whitburn, Council President Pro Tem Montgomery Steppe, Councilmember von Wilpert, Councilmember Campillo, and Council President Elo-Rivera attended in person.
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
(9) Council President Elo-Rivera-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, February 28, 2022
INVOCATION
The invocation was given by City Clerk Maland.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember von Wilpert.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Francine Maxwell commented on opening Council Chambers.
COUNCIL ACTION: Start Time: 4:18 PM
PUBLIC COMMENT-2:
Daniel Smiechowski commented on the Police Department not a racist organization.
COUNCIL ACTION: Start Time: 4:20 PM
PUBLIC COMMENT-3:
Sandra Stahl commented on leaded fuel at Montgomery Airport effect on community.
COUNCIL ACTION: Start Time: 4:22 PM
PUBLIC COMMENT-4:
Brandon Hilpert commented on the need for a stand-alone ordinance to appoint interim commissioners.
COUNCIL ACTION: Start Time: 4:24 PM
PUBLIC COMMENT-5:
Barbara Gordon commented on lack of cannabis awareness.
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, February 28, 2022
COUNCIL ACTION: Start Time: 4:26 PM
PUBLIC COMMENT-6:
Dwayne Harvy commented on a complaint of the City’s disciplinary process.
COUNCIL ACTION: Start Time: 4:28 PM
PUBLIC COMMENT-7:
Tasha Williamson commented on an investigation of abuse of power by Chief Nisleit.
COUNCIL ACTION: Start Time: 4:29 PM
PUBLIC COMMENT-8:
Peggy Walker commented on support of California Senate Bill 1690.
COUNCIL ACTION: Start Time: 4:30 PM
PUBLIC COMMENT-9:
Jerry Hall commented on over-dependency on police.
COUNCIL ACTION: Start Time: 4:32 PM
PUBLIC COMMENT-10:
Kelly McCormick commented on impact of third-hand smoke on children.
COUNCIL ACTION: Start Time: 4:35 PM
PUBLIC COMMENT-11:
Carol Green commented on proposed changes to the Municipal Code regarding commercialization of marijuana businesses.
COUNCIL ACTION: Start Time: 4:37 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, February 28, 2022
PUBLIC COMMENT-12:
Bob Kuczewski commented on Torrey Pines Gliderport.
COUNCIL ACTION: Start Time: 4:39 PM
PUBLIC COMMENT-13:
Judi Strang commented on black market/legacy market.
COUNCIL ACTION: Start Time: 4:41 PM
PUBLIC COMMENT-14:
Lori Saldaña commented on unsheltered people in San Diego.
COUNCIL ACTION: Start Time: 4:43 PM
PUBLIC COMMENT-15:
Becky Rapp commented on marijuana businesses in Mount Hope Community.
COUNCIL ACTION: Start Time: 4:45 PM
PUBLIC COMMENT-16:
Kathleen Lippitt commented on marijuana businesses in exchange for collecting taxes.
COUNCIL ACTION: Start Time: 4:47 PM
PUBLIC COMMENT-17:
Ilka commented on acknowledging the backbone of Council; and marijuana dispensaries.
COUNCIL ACTION: Start Time: 4:48 PM
PUBLIC COMMENT-18:
Joy Sunyata commented on voting protocol regarding item 200.
COUNCIL ACTION: Start Time: 4:51 PM
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, February 28, 2022
PUBLIC COMMENT-19:
Anthony Avalos commented on not wanting cannabis businesses in his neighborhood.
COUNCIL ACTION: Start Time: 4:53 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT None.
Item 200: Consideration of Policy Issues Related to the Implementation of the Commission on Police Practices.
Total Estimated Cost of Proposed Action and Funding Source:
The FY 2022 Budget allocated $ 1,327,134 for the initial annual budget of the Office of the Commission on Police Practices.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2022-315) ADOPTED WITH DIRECTION AS RESOLUTION R-313925 Setting forth the Council's policy direction related to implementation of the Commission on Police Practices and directing the City's management team for labor relations to meet and confer, as required by the Meyers-Milias-Brown Act.
Committee Actions Taken:
This item was heard at the Public Safety and Livable Neighborhoods Committee meeting on January 21, 2022.
ACTION: Motion by Chair Montgomery Steppe, second by Vice Chair Vivian Moreno, to move staff’s recommendations to advance the two draft ordinances, working draft Commission on Police Practices Implementation Ordinance corrected version dated January 20, 2022 and draft Civil Service Ordinance dated June 24, 2021 with the proposed amendments to the City Council for consideration of policy issues and directing the City’s management team to begin the meet and confer process on the mandatory subjects of bargaining related to the draft ordinances and for Council to seek advisory recommendations from the Civil Service Commission, in accordance Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, February 28, 2022
with Charter section 118, on the administrative appeal process following sustained findings of police officer misconduct by the Commission.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, von Wilpert-yea, Campillo-yea.
Council District 4: Tiffany Harrison, (619) 236-7180
City Attorney Contact: Joan F. Dawson
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY MONICA MONTGOMERY STEPPE TO ADOPT. Second by Marni von Wilpert.
Passed by the following vote:
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).
MOTION BY MARNI VON WILPERT TO ADOPT THE RESOLUTION WITH DIRECTION TO AMEND THE “WORKING DRAFT ONLY FOR POLICY REVIEW PURPOSES ONLY“ ORDINANCE BY: 1) ADDING A NEW SUBSECTION TO SECTION 26.1103(G) “COMMISSION COMPOSITION AND MEMBER QUALIFICATIONS” TO READ: “HAVE BEEN CONVICTED OF A VIOLENT CRIME AGAINST A GOVERNMENT EMPLOYEE OR OFFICIAL. FOR PURPOSES OF THIS SECTION,
GOVERNMENT EMPLOYEE MEANS A PERSON WHO IS EMPLOYED BY THE FEDERAL
GOVERNMENT, THE STATE OF CALIFORNIA, OR ANY CITY, COUNTY, CITY AND COUNTY, SPECIAL DISTRICT, OR POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA.”; AND 2) ADDING A NEW SUBSECTION TO SECTION 26.1106(B) “REMOVAL OF COMMISSION MEMBERS” TO READ: “A VIOLENT CRIME AGAINST A GOVERNMENT EMPLOYEE OR OFFICIAL. FOR
PURPOSES OF THIS SECTION, GOVERNMENT EMPLOYEE MEANS A PERSON WHO IS
EMPLOYED BY THE FEDERAL GOVERNMENT, THE STATE OF CALIFORNIA, OR ANY CITY,
COUNTY, CITY AND COUNTY, SPECIAL DISTRICT, OR POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA.” Second by Raul A. Campillo.
Passed by the following vote:
Yea: Jennifer Campbell, Stephen Whitburn, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno;
Nay: Joe LaCava, Monica Montgomery Steppe, Sean Elo-Rivera; Recused: (None);
Not Present: (None).
MOTION BY SEAN ELO-RIVERA TO ADOPT THE RESOLUTION WITH DIRECTION TO AMEND THE “WORKING DRAFT ONLY FOR POLICY REVIEW PURPOSES ONLY “ORDINANCE BY REPLACING THE LANGUAGE IN SECTION 26.1112 “REIMBURSEMENT FOR EXPENSES” WITH Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, February 28, 2022
THE FOLLOWING: "THE EXECUTIVE DIRECTOR IS AUTHORIZED TO PURCHASE GOODS AND
ARRANGE SERVICES NEEDED BY MEMBERS IN THE PERFORMANCE OF THEIR OFFICIAL
DUTIES AND TO REIMBURSE MEMBERS FOR REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, IN ACCORDANCE WITH THE CITY’S APPROVED
PROCUREMENT PROCEDURES, THE APPROVED BUDGET AND APPROPRIATIONS FOR THE OFFICE OF THE COMMISSION, AND THE CONCURRENCE OF THE CITY’S CHIEF FINANCIAL OFFICER. MEMBERS MUST USE AND RETURN GOODS, IN ACCORDANCE WITH THE CITY’S APPROVED POLICIES AND ADMINISTRATIVE REGULATIONS.“ Second by Raul A. Campillo.
Passed by the following vote:
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).
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
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,
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, February 28, 2022
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.
REPORT OUT FROM CLOSED SESSION
None.
Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, February 28, 2022
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:57 p.m. in honor of the memory of:
Sam Lopez as requested by Councilmember Campbell.
COUNCIL ACTION: Start Time: 4:55 PM