Good morning.

I will not call the rules meeting of November 1st 2017 to order.

But the record reflect that committee members Bree, Kate, and Vice Chair Kercy are present.

The committee record of actions from October the 4th, 2017 will be approved by unanimous consent and let's poll for discussion.

See none.

Do we have any members of the public wishing to speak on non-agenda public comment?

We have Burl Phlum.

And then after her, Sally Smith.

And you will have two minutes?

Two minutes.

Good morning.

I'm Barrel Flam from the League of Women Voters of San Diego.

In 2015, 16, the League of Women Voters formed a committee under my chairmanship, which worked alongside the Rules Committee in making revisions to the city charter.

As a way of following up on this project, the league would like to know if the Rules Committee is planning to continue with this revision, and specifically one in Section 55 under Park and Rec.

It reads that parkland shall not be used for anything but park recreation or cemetery purposes without a two-thirds voter approval, and then goes on to say that streets and highways can be built over through and across the parkland without voter approval.

These appear to be conflicting statements.

And the city council does have the responsibility to use those charters to make a better election process for all the citizens of San Diego, particularly in the area of education.

It's always been that way.

The fact is that it's in our city charter, and that's the way our government works.

So I am asking that this committee place it on the initiative so that people can vote on having term limits for school board members.

Thank you.

Thank you.

Is there any mayor, council, city attorney, independent budget analyst, or city clerk?

Comments okay.

We will now take up the discussion agenda.

I want to welcome Christina Peralta, Director of Purchasing and Contracting, and Tom Zelini, Deputy City Attorney.

How much time would you like for your presentation?

I think eight minutes should be fine.

You got it.

Thank you.

Please proceed.

Good morning, Council President Cole, President Broad Time Kercy and Committee members.

I am Christina Pratt.

The Department Director for Purchasing and Contracting.

Joining me this morning, City Attorney Tom Zellini.

Before we begin, I would like to thank the many stakeholder departments that worked on this effort.

It's true been a true collaboration.

Our item today is the disclosure of business interest and our proposed amendment to the municipal code.

Some background on the item is in 1992, Proposition E was approved by voters, and Section 225 was added to our charter requiring the disclosure of business interests.

It requires they disclose the nature of their interest therein if transaction could result in a contract, lease, or franchise.

It provides for potential forfeiture of rights for failure to fully disclose, but does not legally require information to be provided to City Council.

In 1992, our city attorney issued a memorandum of law expressing their concern.

Their concern was the literal interpretation of Charter Section 225 would require name and identity of all stockholders of General Motors in any proposed contracts that General Motors wished to enter with the city.

It relied upon the proposer to provide the city versus the city requiring the information.

And City Attorney proposed council policy, which was never adopted.

In 2014, City Attorney identified Charter 225 needing clarification or amendment.

The current proposed implementing ordinance provides clarification of Section 225 without limiting scope and effect.

The proposed implementing ordinance provides definitions for certain terms that are referenced in Section 225, indicated what information must be disclosed and consequences for failing to provide such information.

It references when information must be provided to council, references the ability to appeal the city's rejection of a bid or proposal due to violation of Section 225, and stipulates an automatic repeal of the ordinance upon material amendment to Section 225 in the Charter.

With that, we request approval of an ordinance amending Chapter 2, Article 1, Division 11, sorry, Division 1 of the San Diego Municipal Code by adding Section 21.0103 regarding the disclosure of business interests.

This concludes our presentation, and we are happy to answer any questions you might have.

Thank you.

Are there any uh public speakers on this item?

No public speakers turning to Councilmember Committee member questions.

Um Councilmember Bree.

Good morning.

Uh first of all, thank you for your work on this.

Um I appreciate the timeliness on your uh following through with uh completing the uh language for the draft ordinance.

Um I understand that city staff has been collecting and saving information on all contracts that go through real estate assets and purchasing in contracts uh for the last two and a half years, which is a good thing.

So this does accomplish my goals, and I am happy to move the item.