San Diego City Council Rules Committee Meeting - June 15, 2016
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San Diego City Council Rules Committee Meeting - June 15, 2016
On June 15, 2016, the San Diego City Council Rules Committee convened to consider 14 citizen-submitted proposals for placement on the November 8, 2016 general election ballot. The committee heard presentations, public testimony, and debated each proposal, voting on some to forward to the full council.
Item 1A: Maximizing Voter Participation on Ballot Measures (Alliance San Diego/Independent Voter Project)
- Presentation: Andrea Guerrero and Christopher Wilson proposed a charter amendment to align local election law with state law, moving ballot measures to November general elections when turnout is highest. They cited that turnout doubles overall, triples for voters of color, and quintuples for ages 18-24. City Clerk Liz Mayland clarified that state law (SB 202) only requires citizen initiatives and referenda to be on November ballots, not all measures.
- Public Testimony: Tony Kavarik (Republican Party chair) opposed, arguing the system works and the change would increase political spending.
- Council Discussion: Council President Leitner, Council President Pro Tem Emerald, and Councilmember Cole supported further legal analysis. Councilmembers Kercy and Kate raised concerns about voter fatigue with many measures on a single ballot.
- Key Outcome: Motion passed 3-2 to refer to the city attorney for a thorough legal analysis and bring to full council on July 11, 2016.
Item 1B: Right to Vote in the General Election Act (Independent Voter Project)
- Presentation: Jeff Marston, Marissa Gomez, Chuck Abdelnoor, and Joe La Cava proposed removing the 50%+1 rule for primary elections, allowing the top two vote-getters (regardless of percentage) to advance to the general election. They argued this would increase participation, especially among young and minority voters.
- Public Testimony: John Stump and Tony Kavarik opposed, citing increased costs and that the current system works. Joe La Cava spoke in favor.
- Council Discussion: Leitner supported with an amendment to automatically advance candidates if only one or two file. Emerald moved the proposal with that amendment. Kercy and Kate opposed, citing longer campaigns and increased costs.
- Key Outcome: Motion passed 3-2 to forward to full council with the amendment, requesting city attorney analysis including provisions for qualification of write-in candidates. Deadline for legal analysis is July 11, 2016.
Item 2: Reinstating Charter Sections 60 and 61 (Public Health and Social Services) (Democratic Women's Club)
- Presentation: Ramla Saheed and Stephanie Johnson argued for a city Department of Public Health and Social Welfare to coordinate with the county, citing a 67% increase in homelessness and inadequate services. They presented stories of homeless individuals.
- Public Testimony: Robert McNamara opposed due to regional duplication; several speakers in favor including John Stump and Rodney Hodges (a homeless man).
- Council Discussion: Councilmembers acknowledged the issue but noted existing efforts such as the Keys to Housing task force and the Regional Continuum of Care Council. They suggested the presenters attend those meetings. No motion to advance the charter amendment.
- Key Outcome: No vote; the committee encouraged continued advocacy and collaboration with existing regional bodies.
Item 3: Revote on the People's Ordinance (Trash Collection) (League of Women Voters)
- Presentation: Beryl Flom outlined the history of the People's Ordinance, which prohibits charging single-family households for trash collection. She argued it is unfair to multi-unit residents and costs the city $47 million annually. A revote would allow a "pay as you throw" system.
- Public Testimony: Robert McNamara and Richard Anthony spoke in favor.
- Council Discussion: Council President Pro Tem Emerald moved to ask for city attorney analysis and bring to full council for November ballot. Council President Leitner noted the need for meet and confer obligations and suggested referral to the Environment Committee instead.
- Key Outcome: No motion passed; the item was referred to the Environment Committee for further study.
Item 4: Citizens/Community Review Board Reform (Women Occupy San Diego)
- Presentation: Kate Yavendetti proposed a charter amendment granting the board independent investigators, independent legal counsel, and subpoena power. She argued the current system lacks community trust.
- Public Testimony: Multiple speakers in favor, including Christina Imhoff, John Stump, Francine Maxwell, and others.
- Council Discussion: Council President Leitner noted that a package of reforms had already been forwarded to full council (June 28), including renaming to Community Review Board, reviewing all police shootings, and $25,000 in budget for independent legal counsel. Council President Pro Tem Emerald supported the package as a first step.
- Key Outcome: No new motion; the committee will continue with the existing reform package heading to council on June 28, 2016.
Item 5A: Suspending the Zoo Maintenance Tax (John Stump)
- Presentation: Stump argued the tax is a blank check to the zoo without accountability; the zoo has large reserves.
- Public Testimony: Robert McNamara in favor.
- Council Discussion: The Charter Review Committee previously decided not to pursue repeal. Council President Leitner asked the city attorney about legal feasibility of suspension. Council President Pro Tem Emerald requested an audit. No motion to advance.
- Key Outcome: No action; the item did not proceed.
Item 6: Activating City Powers to Own a Public Utility (CLEAR Corporation)
- Presentation: John Stump and Bill Powers proposed the city consider establishing a public electric utility to increase competition and help meet climate goals. They noted the franchise with SDG&E expires in 2020.
- Council Discussion: Council President Leitner said more information is needed; the appropriate venue is the Environment Committee. Council President Pro Tem Emerald expressed support and referred to the committee.
- Key Outcome: Referred to the Environment Committee for further consideration.
Remaining Items (5B, 5C, 5D, 7A-7D)
- 5B (Standard Leases): Presented by Stump; public testimony from Peter Komiskey in opposition. No motion.
- 5C (Exchange parkland for school land): Presented by Stump; public testimony from Sally Smith in favor. Council President Leitner noted she would have preferred a separate ballot proposal. No motion.
- 5D (Expand School Board to 9 members): Presented by Stump; public testimony from Francine Maxwell and Sally Smith in favor. Council President Leitner preferred removing education references from the charter. Council President Pro Tem Emerald suggested discussion with school district. No motion.
- 7A-7D (Various proposals by Catherine Rhodes on TOT, audits, port/airport, convention center): Rhodes presented; public testimony from Robert McNamara (opposed 7A, in favor 7B) and others. Council President Leitner commented on companion units. No motions were made.
Key Overall Outcomes:
- Items 1A and 1B were forwarded to the full city council for placement on the November 2016 ballot, subject to legal analysis.
- Items 2, 3, 4, and 6 were referred to appropriate committees or no action taken.
- All other items did not receive motions or were not advanced.
Meeting Transcript
Good morning, ladies and gentlemen. Welcome to this meeting of the City Council's Rules Committee. For the record, we have a quorum consisting of Councilmember Cole, Councilmember Kercy, Councilmember Kate, and myself. Also present from my left are City Clerk Liz Mayland, Committee Consultant Steve Hadley, Chief Deputy City Attorney Priscilla Dugar, Mayor's Deputy Chief of Staff for Community Engagement, Felipe Monroy, the Independent Budget Analyst Deputy Director Jeff Coar, also assisting is Sarah Mojabi from my office and Council Administration Committee liaison Mary Ann Wallace. Today's agenda considers proposals that citizens would like to see on the November eighth, twenty sixteen general election ballot. The deadline for submitting the proposals to the city clerk was last Tuesday, June 7th, I believe at 5 p.m. This committee will consider which proposals to recommend to the full city council for a public vote on the November ballot. There are fourteen items, uh, including the sub-items. They appear on the agenda in order they were submitted to the city clerk. We want to take the time to carefully consider each one. Those of you who have submitted speaker slips for specific only the item number and not the sub-item number will be asked which sub-item you wish to speak on. And if it is both, then that's that's fine as well. We will be taking each sub-item separately. Stump. Thank you, sir. Um I understand we've already referred your question to the city attorney's office. So Mr. Stun. Okay. Um any of the committee members have any comments to make at this time? Mayor's office. IBA, city attorney. Just happy to be here. Love the new carpet, right? And the air conditioning, at least the air conditioning seems to be on track today. We will proceed to the discussion agenda in item 1A, consideration of a proposal to maximize a voter participation on ballot measures by aligning local law with state law. Alliance San Diego Mobilization Fund and Independent Voter Project are presenting. I believe Andrea Guerrero is presenting for this. How much correct? Good morning, everyone. How much time? Is this five minutes? I don't just a few minutes. Just a few minutes. Okay. Council President Leitner, members of the committee. Good morning. My name is Andrea Guerrero, and I'm the executive director of Alliance San Diego and our mobilization fund. We are working to expand civic engagement across San Diego. Today, Alliance San Diego along with the Independent Voter Project are here to propose a charter amendment that we call Maximizing Voter Participation on Ballot Measures Act, which would align local election law with state law and move ballot measures to the November general election when the most voters participate. And that's in the general election. Participation is a core principle of governance in this country, and it is why legislative bodies from Congress to city council to student government require a majority of members present, a quorum as we call it, in order to make decisions that will affect us all. In fact, participation in the November general election doubles over what it is in the primary. For voters of color, that participation triples. And for voters who are young, ages 18 to 24, participation quintuples. It increases by a factor of five. San Diego is an outlier in allowing for ballot measures to be determined in a primary election when the fewest voters participate. Our city charter, which is our local constitution, you should you could say, should align with the state constitution to do the same. Over the last 20 years, we've been making high-stakes decisions on local ballot questions with only a small number of voters in nearly all primaries, including the one we just had. The participation has been under 50% in the primaries.
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