THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE SPECIAL COUNCIL MEETING
OF
MONDAY, JANUARY 30, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................3 ATTENDANCE DURING THE MEETING...................................................................................3 ROLL CALL ..........................................................................................................................3 INVOCATION.......................................................................................................................4 PLEDGE OF ALLEGIANCE......................................................................................................4 CLOSED SESSION................................................................................................................4 NON-AGENDA PUBLIC COMMENT .........................................................................................9
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ........................................................................................................................................11 Item 600: Agreement (H2326129) with Interwest Consulting Group for As-Needed Plan Check and Inspection Services in the Development Services Department.........................................12 Item 601: Agreement (H2326128) with NV5, Inc., for As-Needed Plan Check and Inspection Services in the Development Services Department................................................................13 Item 602: Love Your Wetlands Day ....................................................................................15 Item 603: Grace Kojima Day..............................................................................................15 Item 604: Audit Committee Public Member Appointment Process .........................................16 Item 605: Ratification of the Agreement with the California Business, Consumer Services, and Housing Agency and Approval Authorizing the Acceptance, Appropriation, and Expenditure of Round 2 of the State of California Encampment Resolution Funding Grant ............................17 Item 606: Appointment to the Privacy Advisory Board .........................................................18 Minutes of Monday, January 30, 2023 Page 2
Table of Contents (Continued)
Item 607: Amendments to the 2023 Legislative Calendar and FY 2024 Budget Development and FY 2023 Budget Monitoring Key Dates ..........................................................................18 Item 608: Resolutions to Reopen the Meet and Confer Process Related to the Memoranda of Understanding (MOU) between City of San Diego and Municipal Employees Association (MEA); American Federation of State, County and Municipal Employees, Local 127 (L127); Deputy City Attorneys Association of San Diego (DCAA); San Diego Police Officers Association (POA); and California Teamsters Local 911 (L911) Regarding Post-Employment Health Benefits for Eligible Employees who were Hired before July 1, 2005, and Retire after March 31, 2012...................19 Item 609: Ratification of Mayor’s Proclamation of a Local Emergency – December 2022 and January 2023 Winter Storms...............................................................................................21 Item 610: Call for Nominations to the Commission on Police Practices ..................................22 REPORT OUT FROM CLOSED SESSION................................................................................23 ADJOURNMENT .................................................................................................................23 Minutes of the Council of the City of San Diego Page 3
for the Special Meeting of Monday, January 30, 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 10:05 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with Councilmember Campbell not present. The meeting was adjourned by Council President Elo-Rivera at 4:37 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
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:
CD-2 Councilmember Jennifer Campbell (Excused by Resolution R-315116, due to medical leave.)
CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-not 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
Minutes of the Council of the City of San Diego Page 4
for the Special Meeting of Monday, January 30, 2023
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Moreno.
CLOSED SESSION
Conference with Labor Negotiators, pursuant to California Government Code Section 54957.6:
CS-1 City Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kristina Peralta, Deputy Chief Operating Officer
Jessica Lawrence, Director of Policy, Office of the Mayor Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jeremy Culuko, Deputy Director, Human Resources Department Erik Hanson, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Jonnabelle Domingo, Senior Human Resources Officer, Human Resources Department Curt Glaser, Senior Human Resources Officer, Human Resources Department Peaches Howell, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Interim Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Program Manager, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Dianne Mitra, Associate Human Resources Analyst, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Rolando Charvel, Department of Finance Director and City Comptroller Benjamin Battaglia, Assistant Director, Department of Finance Jeffrey Peelle, Assistant Director, Department of Finance Sally Rubi, Financial Operations Manager, Department of Finance Luis Mateos, Payroll Manager, Department of Finance
Nicholas O’Donnell, Principal Accountant, Department of Finance Minutes of the Council of the City of San Diego Page 5
for the Special Meeting of Monday, January 30, 2023
Ambar Gutierrez, Interim Principal Accountant, Department of Finance Virgilio Afan Jr., Interim Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
John Wood, Assistant Fire Chief, Fire-Rescue Department Christopher Webber, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief, Fire-Rescue Department David Gerboth, Deputy Fire Chief, Fire-Rescue Department Robert Logan, Deputy Fire Chief, Fire-Rescue Department David Nisleit, Police Chief, Police Department
Chris Mcgrath, Executive Assistant Chief, Police Department Terence Charlot, Assistant Police Chief, Police Department Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Jonathan Ferreras, Program Coordinator, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association.
Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Charles Modica, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney Leslie Fitzgerald, Assistant City Attorney, Office of the City Attorney Kristin Zlotnik, Chief Deputy City Attorney, Office of the City Attorney Joan Dawson, Senior Deputy City Attorney, Office of the City Attorney Alison Adema, Senior Deputy City Attorney, Office of the City Attorney Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:
American Federation of State, County and Municipal Employees, Local 127 (AFSCME Local 127)
Deputy City Attorneys Association (DCAA)
San Diego City Firefighters, International Association of Fire Fighters, Local 145 San Diego Municipal Employees’ Association (MEA)
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 30, 2023
Minutes of the Council of the City of San Diego Page 6
for the Special Meeting of Monday, January 30, 2023
ACA Assigned: J. McNeill
The purpose of this Closed Session meeting is to review the City of San Diego’s position and instruct the City’s designated representatives to meet and confer over the terms and conditions related to successor Memoranda of Understanding with the American Federation of State, County, and Municipal Employees, Local 127 (Local 127); Deputy City Attorneys Association of San Diego (DCAA); and San Diego Municipal Employees Association (MEA) and meet and confer to amend the MOU with the International Association of Fire Fighters, AFL-CIO, Local 145 (Local 145); San Diego Police Officers Association (POA); and California Teamsters Local 911 (Local 911).
COUNCIL ACTION: Start Time: 10:03 AM
Public testimony by Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-2 City Designated Management Team Representatives:
Timothy Davis, Burke, Williams, & Sorensen LLP, Labor Negotiation Consultant Eric Dargan, Chief Operating Officer
Matthew Vespi, Chief Financial Officer
Kristina Peralta, Deputy Chief Operating Officer
Jessica Lawrence, Director of Policy, Office of the Mayor Julie Rasco, Director, Human Resources Department
Abby Jarl-Veltz, Assistant Director, Human Resources Department Jeremy Culuko, Deputy Director, Human Resources Department Erik Hanson, Supervising Human Resources Officer, Human Resources Department Dan Mottola, Supervising Human Resources Officer, Human Resources Department Jonnabelle Domingo, Senior Human Resources Officer, Human Resources Department Curt Glaser, Senior Human Resources Officer, Human Resources Department Peaches Howell, Senior Human Resources Officer, Human Resources Department Jennifer Manos, Interim Senior Human Resources Officer, Human Resources Department Kawanda McLendon, Program Manager, Human Resources Department Manuel Quintero, Senior Human Resources Officer, Human Resources Department Abegaile Serafico, Senior Human Resources Officer, Human Resources Department Dianne Mitra, Associate Human Resources Analyst, Human Resources Department Angela Colton, Director, Risk Management Department
Quennelle Allen, Deputy Director, Risk Management Department Jose Galvan, Finance Manager, Risk Management Department Carly Danney, Benefits Manager, Risk Management Department Rolando Charvel, Department of Finance Director and City Comptroller Benjamin Battaglia, Assistant Director, Department of Finance Jeffrey Peelle, Assistant Diretor, Department of Finance Sally Rubi, Financial Operations Manager, Department of Finance Luis Mateos, Payroll Manager, Department of Finance
Minutes of the Council of the City of San Diego Page 7
for the Special Meeting of Monday, January 30, 2023
Nicholas O’Donnell, Principal Accountant, Department of Finance Ambar Gutierrez, Interim Principal Accountant, Department of Finance Virgilio Afan Jr., Interim Program Coordinator, Department of Finance Colin Stowell, Fire Chief, Fire-Rescue Department
John Wood, Assistant Fire Chief, Fire-Rescue Department Christopher Webber, Assistant Fire Chief, Fire-Rescue Department James Gartland, Lifeguard Chief, Fire-Rescue Department David Gerboth, Deputy Fire Chief, Fire-Rescue Department Robert Logan, Deputy Fire Chief, Fire-Rescue Department David Nisleit, Police Chief, Police Department
Chris Mcgrath, Executive Assistant Chief, Police Department Terence Charlot, Assistant Police Chief, Police Department Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney, solely for negotiations with the Deputy City Attorneys Association
Jonathan Ferreras, Program Coordinator, Office of the City Attorney, solely or negotiations with the Deputy City Attorneys Association.
Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Charles Modica, Deputy Director, Office of the Independent Budget Analyst Lisa Byrne, Fiscal and Policy Analyst, Office of the Independent Budget Analyst Designated as representatives within the meaning of California Government Code Section 54957.6(a):
Jim McNeill, Assistant City Attorney, Office of the City Attorney Jean Jordan, Assistant City Attorney, Office of the City Attorney Leslie Fitzgerald, Assistant City Attorney, Office of the City Attorney Kristin Zlotnik, Chief Deputy City Attorney, Office of the City Attorney Joan Dawson, Senior Deputy City Attorney, Office of the City Attorney Alison Adema, Senior Deputy City Attorney, Office of the City Attorney Thomas Brady, Deputy City Attorney, Office of the City Attorney Miguel Merrell, Deputy City Attorney, Office of the City Attorney Employee organizations:
American Federation of State, County and Municipal Employees, Local 127 (AFSCME Local 127)
Deputy City Attorneys Association (DCAA)
San Diego City Firefighters, International Association of Fire Fighters, Local 145 San Diego Municipal Employees’ Association (MEA)
San Diego Police Officers Association (SDPOA)
Teamsters, Local 911 (Teamsters)
Minutes of the Council of the City of San Diego Page 8
for the Special Meeting of Monday, January 30, 2023
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 30, 2023
ACA Assigned: J. McNeill
The purpose of this Closed Session meeting is to review the City of San Diego’s position and instruct the City’s designated representatives to meet and confer with the American Federation of State, County, and Municipal Employees, Local 127 (Local 127); Deputy City Attorneys Association of San Diego (DCAA); and San Diego Municipal Employees Association (MEA); the International Association of Fire Fighters, AFL-CIO, Local 145 (Local 145); San Diego Police Officers Association (POA); and California Teamsters Local 911 (Local 911) regarding the invalidation of Proposition B (Prop B) and plan to return employees to the San Diego City Employees’ Retirement System.
COUNCIL ACTION: Start Time: 10:03 AM
Council President Elo-Rivera closed the hearing.
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-3 Christopher Buffin v. City of San Diego
San Diego Superior Court Case No. 37-2016-00002402-CU-PO-CTL Risk Management Department Claim File No. 11212
REFERRED TO CLOSED SESSION OF MONDAY, JANUARY 30, 2023
DCA Assigned: S. M. Robinson
Outside Counsel: Elizabeth Skane, Skane Mills
This case arises from a bicycle accident on Sante Fe Street in Pacific Beach. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:03 AM
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:
Juliana Humphrey commented on temporary pickleball courts at Robb Field.
Minutes of the Council of the City of San Diego Page 9
for the Special Meeting of Monday, January 30, 2023
COUNCIL ACTION: Start Time: 4:12 PM
PUBLIC COMMENT-2 (virtual):
Terri-Ann Skelly commented on ban of flavored marijuana products.
COUNCIL ACTION: Start Time: 4:15 PM
PUBLIC COMMENT-3 (virtual):
Barbara Gordon commented on tobacco and marijuana use with our youth.
COUNCIL ACTION: Start Time: 4:16 PM
PUBLIC COMMENT-4 (virtual):
Kathleen Lippitt commented on marijuana project safeguards.
COUNCIL ACTION: Start Time: 4:18 PM
PUBLIC COMMENT-5 (virtual):
Lori Saldaña commented on evaluation of trailers being stored.
COUNCIL ACTION: Start Time: 4:20 PM
PUBLIC COMMENT-6 (virtual):
Becky Rapp commented on marijuana projects.
COUNCIL ACTION: Start Time: 4:22 PM
PUBLIC COMMENT-7 (virtual):
Blair Beekman commented on Downtown tow issues.
COUNCIL ACTION: Start Time: 4:24 PM
PUBLIC COMMENT-8 (virtual):
Minutes of the Council of the City of San Diego Page 10 for the Special Meeting of Monday, January 30, 2023
Peggy Walker commented on CBD regulations.
COUNCIL ACTION: Start Time: 4:26 PM
PUBLIC COMMENT-9 (virtual):
Joy Sunyata commented on Downtown trolley intersections; and Council comments.
COUNCIL ACTION: Start Time: 4:28 PM
PUBLIC COMMENT-10 (virtual):
Diane Grace commented on marijuana dispensaries.
COUNCIL ACTION: Start Time: 4:31 PM
PUBLIC COMMENT-11 (virtual):
Kelly McCormick commented on corruption in cannabis industry.
COUNCIL ACTION: Start Time: 4:33 PM
PUBLIC COMMENT-12 (virtual):
Judi Strang commented on corruption that plagues marijuana businesses.
COUNCIL ACTION: Start Time: 4:35 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
COUNCIL COMMENT-1:
Councilmember von Wilpert shared what an honor and pleasure it was to observe Council President Pro Tem Montgomery Steppe in her leadership with the Reparations Task Force.
She also mentioned that she attended the Lunar New Year celebration in Mira Mesa with Councilmember Lee. Councilmember von Wilpert thanked them for bringing their leadership to the Council and the cultural diversity that we get to celebrate in the City.
COUNCIL ACTION: Start Time: 2:01 PM
Minutes of the Council of the City of San Diego Page 11 for the Special Meeting of Monday, January 30, 2023
COUNCIL COMMENT-2:
Councilmember Campillo announced that he will be hosting town hall meetings this week at Allied Gardens Recreation Center on January 31, 2023, at 6:00 p.m., Tierrasanta Recreation Center on February 1, 2023, at 6:00 p.m., and University of San Diego Warren Auditorium on February 2, 2023, at 6:00 p.m. He encouraged his constituents to attend to discuss community issues.
COUNCIL ACTION: Start Time: 2:02 PM
COUNCIL COMMENT-3:
Council President Elo-Rivera echoed the appreciation Councilmember von Wilpert shared. He thanked Councilmember Lee for the variety of events he has participated in shining as a leader and thanked Council President Pro Tem Montgomery Steppe for all her extensive work on the Reparations Task Force.
COUNCIL ACTION: Start Time: 2:03 PM
Item 600: Agreement (H2326129) with Interwest Consulting Group for As-Needed Plan Check and Inspection Services in the Development Services Department.
Total Estimated Cost of Proposed Action and Funding Source:
Total cost for as-needed contract for plan check services is not-to-exceed $2,500,000, to be expended from the Development Services Enterprise Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-360 Cor. Copy) ADOPTED AS RESOLUTION R-314579
Resolution authorizing an agreement with Interwest Consulting Group for as-needed plan check and inspection services in the City’s Development Services Department.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on January 11, 2023.
Minutes of the Council of the City of San Diego Page 12 for the Special Meeting of Monday, January 30, 2023
ACTION: Motion by Committee Member LaCava. seconded by Committee Member Lee, to recommend Council approval of staff's proposed actions and have staff return to the Budget and Government Efficiency Committee with an informational update regarding the Development Services Department's vacancies in November or December 2023.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Development Services: Gary Geiler, (619) 446-5366
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 2:06 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
Item 601: Agreement (H2326128) with NV5, Inc., for As-Needed Plan Check and Inspection Services in the Development Services Department.
Total Estimated Cost of Proposed Action and Funding Source:
Total cost for as-needed contract for plan check services is not-to-exceed $2,500,000, to be expended from the Development Services Enterprise Fund.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-359 Cor. Copy) ADOPTED AS RESOLUTION R-314580
Resolution authorizing an agreement with NV5, Inc., for as-needed plan check and inspection services in the City’s Development Services Department.
Committee Actions Taken:
This item was heard at the Budget and Government Efficiency Committee meeting on January 11, 2023.
Minutes of the Council of the City of San Diego Page 13 for the Special Meeting of Monday, January 30, 2023
ACTION: Motion by Committee Member LaCava, second by Committee Member Lee, to recommend Council approval of staff's proposed actions and have staff return to the Budget and Government Efficiency Committee with an informational update regarding the Development Services Department's vacancies in November or December 2023.
VOTE: 4-0; Montgomery Steppe-yea, Moreno-yea, LaCava-yea, Lee-yea.
Development Services: Gary Geiler, (619) 446-5366
City Attorney Contact: Noah Brazier
COUNCIL ACTION: Start Time: 2:06 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
NOTE: The following Proclamations were NOT presented in Council Chambers.
Item 602: Love Your Wetlands Day.
COUNCILMEMBER LACAVA'S RECOMMENDATION:
APPROVED
Proclaiming February 4, 2023, to be “Love Your Wetlands Day” in the City of San Diego.
COUNCIL ACTION: Start Time: 2:14 PM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
Minutes of the Council of the City of San Diego Page 14 for the Special Meeting of Monday, January 30, 2023
Item 603: Grace Kojima Day.
COUNCILMEMBER MORENO'S RECOMMENDATION:
APPROVED
Proclaiming February 3, 2023, to be "Grace Kojima Day" in the City of San Diego.
COUNCIL ACTION: Start Time: 2:14 PM
MOTION BY VIVIAN MORENO TO APPROVE. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
Item 604: Audit Committee Public Member Appointment Process.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-383) ADOPTED WITH DIRECTION AS RESOLUTION R-314590 Direction on appointment of public member to Audit Committee.
Directing the City Attorney to prepare the appropriate resolution according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Office of the Independent Budget Analyst: Charles Modica, (619) 236-6446 City Attorney Contact: Leslie FitzGerald
COUNCIL ACTION: Start Time: 3:08 PM
Minutes of the Council of the City of San Diego Page 15 for the Special Meeting of Monday, January 30, 2023
MOTION BY VIVIAN MORENO TO DIRECT THE OFFICE OF THE INDEPENDENT BUDGET ANALYST TO: 1) BRING FORWARD AN ITEM TO REAPPOINT THE INCUMBENT, MR. STEWART
HALPERN, WITHOUT A COMPETITIVE PROCESS, AS PERMITTED BY CITY CHARTER SECTION
39.1; AND 2) SEEK GUIDANCE FROM THE STATE ATTORNEY GENERAL ON THE ISSUES RAISED BY THE CITY ATTORNEY. THE APPOINTMENT SHOULD NOT BE DELAYED WHILE AWAITING THE STATE ATTORNEY GENERAL’S GUIDANCE. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Monica Montgomery Steppe, Kent Lee, Vivian Moreno, Sean Elo-Rivera; Nay: Stephen Whitburn, Marni von Wilpert, Raul A. Campillo; Recused: (None);
Not Present: Jennifer Campbell.
Item 605: Ratification of the Agreement with the California Business, Consumer Services, and Housing Agency and Approval Authorizing the Acceptance, Appropriation, and Expenditure of Round 2 of the State of California Encampment Resolution Funding Grant.
Total Estimated Cost of Proposed Action and Funding Source:
This action is to authorize the Mayor, or designee, to accept, appropriate, and expend Encampment Resolution Funding Grant Program Round 2 Lookback Disbursement (ERF-2-L) funds in an amount not-to-exceed $2,446,500.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-363) ADOPTED AS RESOLUTION R-314581
Resolution ratifying an agreement with the California Business, Consumer Services, and Housing Agency and authorizing the acceptance, appropriation, and expenditure of Round 2 funding from the State of California Encampment Resolution Funding Grant Program.
Committee Actions Taken: N/A
Homelessness Strategies: Hafsa Kaka, (858) 292-6441
City Attorney Contact: Jose A. Garcia
COUNCIL ACTION: Start Time: 2:20 PM
MOTION BY STEPHEN WHITBURN TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Minutes of the Council of the City of San Diego Page 16 for the Special Meeting of Monday, January 30, 2023
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera;
Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
Item 606: Appointment to the Privacy Advisory Board.
Total Estimated Cost of Proposed Action and Funding Source:
There are no City expenditures being authorized with this action.
Council District(s) Affected: 1.
Proposed Actions:
(R-2023-365) ADOPTED AS RESOLUTION R-314582
Resolution confirming the Mayor's appointment of Lee Duran to the Privacy Advisory Board for a term ending March 15, 2023.
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: 2:06 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
Item 607: Amendments to the 2023 Legislative Calendar and FY 2024 Budget Development and FY 2023 Budget Monitoring Key Dates.
Total Estimated Cost of Proposed Action and Funding Source: N/A Minutes of the Council of the City of San Diego Page 17 for the Special Meeting of Monday, January 30, 2023
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-364 Cor. Copy) ADOPTED AS RESOLUTION R-314583
Resolution amending the 2023 Legislative Calendar.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Council District 2: Ty Burch, (619) 533-3984
City Attorney Contact: Heather Ferbert
COUNCIL ACTION: Start Time: 2:06 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
Item 608: Resolutions to Reopen the Meet and Confer Process Related to the Memoranda of Understanding (MOU) between City of San Diego and Municipal Employees Association (MEA); American Federation of State, County and Municipal Employees, Local 127 (L127); Deputy City Attorneys Association of San Diego (DCAA); San Diego Police Officers Association (POA); and California Teamsters Local 911 (L911) Regarding Post-Employment Health Benefits for Eligible Employees who were Hired before July 1, 2005, and Retire after March 31, 2012.
Total Estimated Cost of Proposed Action and Funding Source:
There is no known additional fiscal impact as a result of this action.
Council District(s) Affected: Citywide.
Proposed Actions:
Subitem-A: (R-2023-376) ADOPTED AS RESOLUTION R-314584
Minutes of the Council of the City of San Diego Page 18 for the Special Meeting of Monday, January 30, 2023
Resolution approving the reopening of the meet and confer process related to the MOU between the City and MEA regarding post-employment health benefits for eligible employees who were hired before July 1, 2005, and retire after March 31, 2012. 6 votes required pursuant Article 5 of the Retiree Health MOUs.
Subitem-B: (R-2023-374) ADOPTED AS RESOLUTION R-314585
Resolution approving the reopening of the meet and confer process related to the MOU between the City and Local 127 regarding post-employment health benefits for eligible employees who were hired before July 1, 2005, and retire after March 31, 2012. 6 votes required pursuant Article 5 of the Retiree Health MOUs.
Subitem-C: (R-2023-370) ADOPTED AS RESOLUTION R-314586
Resolution approving the reopening of the meet and confer process related to the MOU between the City and DCAA regarding post-employment health benefits for eligible employees who were hired before July 1, 2005, and retire after March 31, 2012. 6 votes required pursuant Article 5 of the Retiree Health MOUs.
Subitem-D: (R-2023-372) ADOPTED AS RESOLUTION R-314587
Resolution approving the reopening of the meet and confer process related to the MOU between the City and POA regarding post-employment health benefits for eligible employees who were hired before July 1, 2005, and retire after March 31, 2012. 6 votes required pursuant Article 5 of the Retiree Health MOUs.
Subitem-E: (R-2023-373) ADOPTED AS RESOLUTION R-314588
Resolution approving the reopening of the meet and confer process related to the MOU between the City and Local 911 regarding post-employment health benefits for eligible employees who were hired before July 1, 2005, and retire after March 31, 2012. 6 votes required pursuant Article 5 of the Retiree Health MOUs.
Committee Actions Taken: N/A
Human Resources: Brian Mallard, (619) 707-1785
City Attorney Contact: Thomas J. Brady
COUNCIL ACTION: Start Time: 2:06 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Monica Montgomery Steppe.
Minutes of the Council of the City of San Diego Page 19 for the Special Meeting of Monday, January 30, 2023
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
Item 609: Ratification of Mayor’s Proclamation of a Local Emergency – December 2022 and January 2023 Winter Storms.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost associated with this action.
Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-375) ADOPTED AS RESOLUTION R-314589
Resolution ratifying the Mayor's Proclamation of a Local Emergency made on January 24, 2023, and declaring a local emergency regarding the December 2022 and January 2023 winter storms, pursuant to California Government Code section 8630.
Committee Actions Taken: N/A
Office of Emergency Services: Megan Beall, (619) 533-6764 City Attorney Contact: Michelle Garland
COUNCIL ACTION: Start Time: 2:06 PM
CONSENT MOTION BY JOE LACAVA TO ADOPT. Second by Monica Montgomery Steppe.
Passed by the following vote:
Yea: Joe LaCava, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Chris Cate, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: Jennifer Campbell.
NOTE: The following Public Notice was for public record only. This item did not require Council action or public testimony.
Minutes of the Council of the City of San Diego Page 20 for the Special Meeting of Monday, January 30, 2023
Item 610: Call for Nominations to the Commission on Police Practices.
The Commission on Police Practices (Commission) is an investigatory body of the City, independent of the Mayor, Police Chief, and Police Department. Effective December 18, 2020, City Charter section 41.2 established the Commission on Police Practices, which supersedes and replaces the Community Review Board on Police Practices. The implementation ordinance for the Commission on Police Practices took effect on November 19, 2022.
In accordance with SDMC §26.1105, City Council is responsible for appointing all members of the Commission. Council Policy 000-13: Procedure for Mayor and Council Appointments, includes a process for each Council member to submit nominations to fill these seats.
Nominations shall also be considered from the public, community-based organizations, or the Commission.
The public and community-based organizations may nominate a candidate by filling out a nomination form with appropriate supportive documents at bit.ly/nominatecpp. The public and community-based organizations may submit one nominee for each seat. The Council shall only consider written nominations made by the public and community-based organizations if nominees accept their nomination in writing prior to Council consideration.
Each Councilmember may also submit one nominee for each seat. In the appointment process, Council shall submit a nomination packet, which shall include the nomination memo, a copy of the completed onboard application, and any additional information in support of the such nominee. Council shall submit all nominations packets directly to [email protected].
The deadline for submission for Council review is February 15, 2023, 11:59pm.
REPORT OUT FROM CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 4:37 p.m.
COUNCIL ACTION: Start Time: 4:37 PM