San Diego City Council Rules Committee Meeting – February 13, 2019

The Rules Committee of the San Diego City Council met on February 13, 2019 at 2 p.m. to consider amendments to the Municipal Code and City Clerk's Administrative Guidelines, hear public comment on school board election reforms, and discuss the committee's 2019 work plan.

Public Comments & Testimony

• Mitzley (Community Voices for Education) requested the committee place a ballot initiative for the March 2020 election to amend the city charter to require subdistrict-only elections for the San Diego Unified School District Board of Education with term limits and an independent redistricting commission, following the model of city council elections.
• Brad Kazlovacka (Brett Kazlovka; former school board candidate) urged the committee not to defer to the school board on district-only elections, noting a grand jury recommendation and a survey favoring such elections. He warned that a lawsuit would be filed if the city council did not act.
• Tom Kalino (Tom Kelly; former school board candidate, Bay Pack member) stated that in 2018 the school board promoted delaying district-only elections to maintain an unfair advantage and exempted themselves from term limits. He argued the city council has a constitutional obligation to put district-only elections to a vote, citing high rates of disconnection for African American students.

Discussion Items: Proposed Amendments to San Diego Municipal Code and City Clerk's Administrative Guidelines

• City Clerk Liz Maland and Deputy Director Deanna Fuentes presented 12 proposed amendments: 9 to the municipal code and changes to administrative guidelines. Key items included:
  • Cleanup items: formatting nomination petitions, removing duplication in voter pamphlets, requiring electronic copies of ballot arguments.
  • Mirroring state law: defining documents for bona fide associations, extending initiative petition signature verification from 30 calendar days to 30 business days, and removing the 30-day residency requirement for signing nomination petitions (aligned with state code and other California cities).
  • Removing restrictions on candidate statement formatting (bold, underline, etc.) to align with a new digital portal for statement submission.
  • Administrative guidelines: addressing landscape/portrait formatting issues and clarifying election cancellation procedures and potential costs.
• Electronic publication of ballot measures: Clerk Maland proposed removing the 50-page threshold and the ability for the legislative body to overturn the elections official's decision on electronic publication, arguing that the elections official (city clerk), in coordination with the county registrar of voters, is best positioned to ensure voter access. She noted recent logistical issues (e.g., paper availability, vendor capacity) and that only 3 copies of a full text were checked out from libraries in 2018.
• Clarification of 3% vs. 10% initiative petitions: Proposed amendment to require proponents to state upfront whether they are pursuing a 3% or 10% signature goal, because the current process creates ambiguity. (The 3% route forces council consideration, but that already exists via council policy.)
• Elimination of challenge to verification process (Section 27.1025): Clerk Maland recommended deleting the ability for any voter to challenge the random sampling verification by paying for a full signature-by-signature count, noting it is costly (average $223,000), rarely used, and strains Registrar of Voters resources. She preferred complete elimination, with the alternative of allowing a writ of mandate in court. Committee members expressed support for elimination.

Key Outcomes

• Motion and vote: Councilmember Ward moved to forward the proposed amendments (with the elimination of sections 27.1025, 27.1123, and 27.2716C) to the full city council. Councilmember Cate seconded. The motion passed unanimously (3-0).
• Direction for future: The city clerk was directed to prepare amendments removing the challenge processes for initiative, referendum, and recall petitions and to report back for full council consideration.
• 2019 Committee Work Plan: Council President Gomez presented priorities including reviewing city charter updates, ballot measures (affordable housing, homelessness, transportation, public safety, environment, infrastructure, economic development), improving boards and commissions, and enhancing customer service and public outreach (311, Get It Done, IQ system). Councilmember Ward added a request to address gun violence prevention. No formal vote was taken; the work plan was accepted as informational.
• Next meeting: Scheduled for March 13, 2019 at 2 p.m.