Budget Review Committee Meeting - May 11, 2021
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Budget Review Committee Meeting - May 11, 2021
The Budget Review Committee (BRC) of the San Diego City Council held an afternoon session on Tuesday, May 11, 2021, to review proposed budgets for several city departments and offices. The meeting was conducted virtually via Zoom due to the COVID-19 pandemic. Committee members and department heads presented budget overviews, discussed critical needs, and heard public testimony. Key themes included requests for additional staffing in the City Attorney's Office, support for the newly created Commission on Police Practices, and efforts to restore funding cuts to the City Auditor's Office.
Consent Calendar
- No consent calendar was noted; all items were discussed individually.
Public Comments & Testimony
- Colleen Kuzak (criminal defense attorney, speaking on City Attorney's Office item): Stated that the City Attorney's Office has refused to provide discovery to individuals charged with infractions since 2016, arguing that the office claims inability to afford compliance despite prosecuting indigent defendants. She urged the council to inquire about compliance with legal obligations.
- Michelle Krug (speaking on Boards & Commissions item): Raised concerns about the Citizens Equal Opportunity Commission's website not being updated since August 2020, impeding public access to meetings and a disparity study. She alleged Brown Act violations.
- Youth Organizer (unidentified, from Mid City CAM): Thanked the mayor's office for allocating funding to the Commission on Police Practices and expressed excitement about continuing collaboration.
- Francine Maxwell (NAACP San Diego Branch President, speaking on Commission on Police Practices): Stressed the need to expedite seating permanent commissioners and hiring investigators to build community trust, citing an incident where an unsheltered man was shot. Urged fast-tracking the implementation ordinance.
- Francine Maxwell (during non-agenda public comment): Called for a hearing on the police department budget and reallocation of resources, specifically reducing the number of assistant chiefs. Emphasized that the community wants proactive changes, not defunding, and urged transparency across the city.
- Catherine Rhodes (during non-agenda public comment): Requested a legal opinion from the City Attorney's Office on whether homeless camping or safe parking lots can be placed in dedicated parklands like Mission Bay, citing the city's homeless shelter crisis. Also asked for funding from CDBG or the low-moderate income housing fund.
- Colleen Kuzak (during non-agenda public comment): Accused City Attorney Mara Elliott and Criminal Division Chief John Hammerling of misleading the committee by denying they prosecute infractions. She cited the city charter and noted that previous city attorneys provided discovery without claiming they were not the prosecutor.
City Attorney's Office Budget Review
- City Attorney Mara Elliott presented the office's mission and achievements, including leadership in gun violence restraining orders (nearly 900 obtained, taking almost 1,000 guns off the street), restructuring civil advisory, expanding the Family Justice Center to include sex trafficking survivors, and defending the city in litigation. She requested four additional positions not in the mayor's proposed budget:
- One Deputy City Attorney for civil litigation (estimated cost $168,101) to address a 37% increase in civil cases (500 cases assigned to 43 attorneys) and avoid costly outside counsel (e.g., $664,000 in two cases).
- One Deputy City Attorney for the vulnerable victims program (estimated cost $168,101) to prosecute elder abuse and health/safety code violations.
- Two clerical assistants for the Family Justice Center (estimated cost $53,246 each) to handle front desk duties, allowing victim service coordinators to focus on direct services.
- Independent Budget Analyst (IBA) noted that the proposed budget includes $900,000 for outside counsel (a reclassification) and $57,000 for Family Justice Center security. IBA suggested examining vacancy savings, as the office historically averages $600,000 in savings, not the $1.3 million assumed.
- Councilmembers (Campillo, LaCava, Campbell, Whitburn, Montgomery Steppe, Von Wilpert, Moreno, Elo-Rivera) expressed support for the requests, with several noting the high cost of outside counsel, the importance of in-house expertise, and the human toll of understaffing. Council President Campbell advocated for three civil litigators, one criminal attorney, and two clerks. Councilmember Von Wilpert highlighted that 25 of 43 civil litigators have left in five years due to stress.
City Auditor's Office Budget Review
- City Auditor Andy Hanau reported on the office's accomplishments: issuing 15 reports in FY20 and 10 so far in FY21 with 73 recommendations; managing the fraud hotline (200 allegations/year); and tracking 186 unimplemented recommendations. He highlighted audits on the industrial wastewater control program (finding cost recovery violations and under-regulation), SDPD data analysis, employee performance management, and the climate action plan. He requested restoration of a $91,000 budget reduction to avoid going over budget in FY22.
- IBA confirmed the audit committee unanimously recommended restoring the $91,000.
- Councilmembers (LaCava, Campbell, Whitburn, Montgomery Steppe, Von Wilpert, Campillo, Moreno, Elo-Rivera) unanimously supported restoring the reduction, praising the office's value in transparency and cost savings. Councilmember Moreno (audit committee chair) stressed that reducing resources would be counterproductive, especially during an economic downturn.
- Councilmember Elo-Rivera asked about independent legal counsel for the auditor; Hanau noted a potential need for a ballot measure in 2022 to access independent legal counsel without city attorney approval.
City Clerk's Office Budget Review
- City Clerk Liz Maland reviewed the office's broad responsibilities (legislative services, elections, records management, passport services, public information). Accomplishments included upgrading the council chambers AV system (funded by PEG fees), completing the 2020 redistricting commission recruitment (over 100 applicants), and facilitating virtual council meetings. She requested a program manager for archives and a software program (Web Dam), which were not funded. The proposed budget includes a 4.3% reduction in contracts.
- IBA noted no significant budget changes and suggested future funding for online archives might be appropriate.
- Councilmembers (LaCava, Campbell, Whitburn, Montgomery Steppe, Von Wilpert, Campillo, Moreno, Elo-Rivera) praised the clerk's office for transparency and service. Councilmember Campillo asked about translation services; Maland detailed efforts to provide real-time Spanish translation and a new multilingual outreach program for seven languages. Councilmember Von Wilpert supported additional funding for archives.
Office of Boards and Commissions Budget Review
- Director Matthew Gordon reported on the office's work managing over 40 boards and commissions, 500+ appointments, and increasing diversity (75% of appointees are persons of color). The proposed budget is $761,000, a reduction of $146,000 due to the transfer of the executive director position to the new Commission on Police Practices.
- IBA confirmed the transfer.
- Public comment raised issues about the Citizens Equal Opportunity Commission's website and lack of public access.
- Councilmembers (LaCava, Campbell, Whitburn, Montgomery Steppe, Von Wilpert, Campillo, Moreno, Elo-Rivera) appreciated the office's efforts and inquired about consolidation plans and KPIs. Director Gordon indicated that a new clerk-based system to track performance would be implemented by late June.
Commission on Police Practices Budget Review
- Interim Executive Director Sharmain Mosley and First Vice Chair Doug Case presented the inaugural budget for the new commission, created by Measure B in November 2020. The proposed budget is $1.1 million (6.33 FTEs), with additional requests of $140,000 for salary increases and start date changes, totaling $1.3 million. The commission aims to hire staff, secure office space, and implement an implementation ordinance. Critical needs include independent investigations of officer-involved shootings and in-custody deaths.
- IBA noted that the May revise would include the additional $140,000.
- Public comment (Francine Maxwell, NAACP) urged expediting the process to seat permanent commissioners and hire investigators.
- Councilmembers (LaCava, Campbell, Whitburn, Montgomery Steppe, Von Wilpert, Campillo, Moreno, Elo-Rivera) expressed support for full funding and expedited implementation. Councilmember Montgomery Steppe recommended that no new hires be made until a permanent executive director is chosen. Councilmember Elo-Rivera suggested funding for transportation and childcare for commissioners to reduce barriers to participation.
Government Affairs Department Budget Review
- Director Adrian Granda highlighted achievements: securing $300 million in federal COVID relief funds, $21 million in HOME funds, $50 million for homelessness (HAP and Project Homekey), and passage of state legislation (AB 2731) and federal legislation (Ocean Pollution Reduction Act). No significant budget changes; the department runs lean with 7 FTEs.
- IBA noted no KPIs in the proposed budget, but the director will develop them.
- Councilmembers (LaCava, Campbell, Whitburn, Montgomery Steppe, Von Wilpert, Campillo, Moreno, Elo-Rivera) praised the department's work and asked about state grant competitiveness, county relations, and rental assistance flexibility. Director Granda discussed efforts to improve state grant applications (e.g., GGRF) and collaboration with the county. Councilmember Von Wilpert inquired about funding for gun violence restraining orders and wildfire prevention.
Personnel Department Budget Review
- Director Doug Edwards presented the department's role in hiring, classification, payroll, and investigations. The proposed budget includes a 4% reduction (389,000), with six positions kept vacant. The department requested two program coordinator positions (one for pre-employment background processes, one for data analytics) to be added to the budget (previously unfunded).
- IBA confirmed the 4% reduction continues and impacts service levels (e.g., time to issue certified lists).
- Councilmembers (LaCava, Campbell, Whitburn, Montgomery Steppe, Von Wilpert, Campillo, Moreno, Elo-Rivera) supported the requests and discussed hiring challenges. Edwards noted that the 4% reduction forced the loss of a recruiter, affecting diversity recruitment. Councilmember Moreno found it ironic that the city lacks funds to fill positions that help fill vacancies.
Ethics Commission Budget Review
- Executive Director Sharon Spivak reported on the commission's work: 380 ethics advice requests, 40 complaint screenings, 11 audits completed, and ongoing training. The proposed budget includes a reduction of $109,000, mainly in contracts for outside counsel. The commission can absorb this reduction but may need additional funds for administrative hearings.
- IBA had no additional comments.
- Councilmembers (LaCava, Campbell, Whitburn, Montgomery Steppe, Von Wilpert, Campillo, Moreno, Elo-Rivera) thanked the commission for its work and noted 100% KPIs in training and advice.
Key Outcomes
- City Attorney's Office: The committee expressed broad support for adding four positions (two deputy city attorneys, two clerical assistants). The requests will be considered in budget memos due May 26, with final budget modifications in June.
- City Auditor's Office: The committee unanimously supported restoring the $91,000 wage reduction as recommended by the audit committee.
- City Clerk's Office: The unfulfilled request for a program manager and software for archives was noted; the committee expressed interest in future funding for online archives.
- Commission on Police Practices: The committee supported full funding and expedited implementation. Councilmembers requested that permanent executive director hiring precede other staff hires. A policy change for commissioner childcare/transportation support was flagged for consideration.
- Personnel Department: The committee supported the addition of two program coordinator positions. The impact of the 4% reduction on recruitment and diversity was acknowledged.
- Non-agenda public comment: A legal opinion on homeless camping in parklands was requested. Council will take these comments under advisement.
Next BRC meeting is scheduled for Thursday, May 20, 2021, at 2:00 p.m.
Meeting Transcript
In the interest of public health and safety. In addition, this meeting is being televised and live streamed on the city's website. And the clerk and council committee liaison have made arrangements for the public to comment using the Zoom webinar platform. We appreciate the public's cooperation. Our committee consultant Alan Young will go over the specifics of how to join the webinar and we'll give details of how the public can offer their public testimony. Oh, and I'll cop now call the afternoon session of the budget review committee meeting of Tuesday, May 11th, 2021 to order. Mr. Young, please call the roll. Councilmember Lacava. Council President Campbell. Here. Here. Councilmember Von Wilpert. President. Councilmember Campillo. Here. Councilmember Moreno. Councilmember Elo Rivera. Present. Committee Chair Kate. Here. Each council member is attending virtually. Also attending the virtual meeting is City Attorney Mara Elliott and Independent Budget Analyst Andrea Tevlin, Matt Yek Yagin from the Mayor's Office, and myself, Alan Young, the committee consultant. For purposes of this meeting, written comments submitted using the public comment form prior to the start of the meeting has been distributed to the committee and posted online. All written submissions received after the start of the meeting will be made a part of the permit record. The public may view the meetings on public television on City TV channel 24 for Cox Communication and Time Warner Cable or Channel 99 for ATT Uverse, or view the meeting online by going to the City Council Committee's homepage at San Diego.gov, selecting the City TV Live Webcast White button on the right hand side of the page. The committee meetings will be held virtually using the Zoom webinar platform. Members of the public can offer public comment by accessing the Zoom webinar online using a desktop computer, laptop, tablet, or smartphone, or by calling into them using meeting using a smartphone, cell phone, or landline. The link to join the committee meeting webinar by computer, tablet, or smartphone is listed online in the preamble language of the agenda, which can be found on the City Council Committee webpage. The join the Zoom webinar by telephone, you may dial 1669-254-5252. When prompted, input webinar ID 160-417-1840 pound. This information is also available on the agenda and will appear on the screen during the public comment period for each item. When I introduce the item you'd like to comment on, you will raise your hand by either tapping the raise your hand button on your computer, tablet, or smartphone, or by pressing star nine on your phone. You will be taken in the order in which you raise your hand. You may only speak once on a particular item. When I indicate it is your turn to speak, I will call you by your name as it appears on the Zoom webinar attendee list, or I'll read out the last four digits of your phone number if you have called into the meeting. That is how you'll know it is your turn to speak. If you have joined the webinar by computer, tablet, or smartphone, you will receive a pop-up notice to select to unmute your device. If you have called into the meeting by cell phone or landline, press star six on your phone to mute yourself. You will review we will review these instructions briefly again when the public comment period on an item is open. Please wait until the item you wish to speak to has been called before raising your hand to speak. If you raise your hand during a non-comment period, your hand will be lowered. When you are announced as the next speaker, please unmute yourself and offer your comments. In addition, this is not a question or answer period. This is your time to provide a statement to the committee. Once you have concluded your statement within the allotted time, the call will be ended. If you wish to provide comment on another item on the agenda, you can raise your hand during those comment periods and you will be placing the queue for those items. For purposes of this afternoon meeting, the order of business is anticipated to be as follows. And you can see this on the screen on the slide shown. Um we will be hearing first from the city attorney, the city auditor, then the city clerk, followed by boards and commissions, commission on police practices, government affairs, personnel, ethics commission, and finally concluding with non-agenda public comment.
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