OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

San Diego City Rules Committee Meeting on Amendments to Council Rules – November 4, 2022

Rules CommitteeFriday, November 4, 2022
BodySan Diego, California
SessionRules Committee
DateFriday, November 4, 2022
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
1:46

All right, good afternoon.

1:47

Until further notice, committee meetings will be conducted pursuant to the provisions of California Government Code, Section 54953E, added by Assembly Bill 361, which gives the City Council an opportunity to use teleconferencing and to provide the public an opportunity to address the city council via a call in option or an internet-based service option during a proclaimed state of emergency.

2:22

Vice Chair Lakava.

2:24

Present.

2:25

Committee member Whitbroom.

2:27

Here.

2:28

Committee member Kate.

2:34

And committee member Campillo is absent.

2:41

With us in addition is IBA Representative Jillian KC.

2:53

Sorry.

2:59

Brendan?

3:00

If you're in person and want to provide public comment, please complete a speaker slip.

3:04

Forgot to mention that.

3:04

Sorry.

3:07

Speaker slip, located at the entrance of chambers and place in the box indicated the speakers like turn at the front of the room, please do so in a timely manner.

3:13

If you are in person, please come up to reserve seats at the front of the room when your name is called.

3:17

Members of the public can join the Zoom webinar on uh join the the webinar by computer, tablet or smartphone by accessing the link, which is listed online in the preamble language of the agenda.

3:29

The link to join the committee meeting webinar by computer tablet tablet or smartphone is listed on the agenda.

3:34

To join the Zoom webinar by telephone, please dot 1669 2545252 and prompted input webinar D1617086946 pound.

3:44

This information is also available on the agenda and will appear on the screen during the public comment comment period for our one item today.

3:52

Members of the public who wish to provide testimony via call-in or internet-based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony or before the virtual speaking queue is exhausted, whichever occurs first.

4:05

If you're watching on via City TV 24 online or online, there may be a delay.

4:10

Please participate via the audio on your phone and mute your TV or computer when it's your turn to speak.

4:15

When I introduce the item you would like to comment on, please 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.

4:24

You will be taken in the order in which your hand is raised.

4:40

If you have called into the meeting by cell phone or landline, press star and six on your phone to unmute yourself.

4:48

Please wait until the item you wish to speak has been called before raising your hand to speak.

4:52

If you raise your hand during a non-comment period, your hand will be lowered.

4:54

When you are announced as the next speaker, please unmute yourself and offer your comments.

5:00

We will review these instructions briefly briefly again when we and when the public comment period opens on an item.

5:05

Thank you, Brendan.

5:06

Uh with the quorum present, let's take up our uh one agenda item for the afternoon.

5:12

Item one amendments to rules of council.

5:15

The public comment period for this item is not open.

5:17

If you are in person, please submit your speaker slip and come to reserve seats at the front of the room when your name is called.

5:22

Members of public who wish to provide testimony via calling internet-based service option must enter the virtual speaking queue within five minutes after conclusion of in-person public testimony or before the virtual speaking queue is exhausted.

5:32

If you have already joined the Zoom webinar online or by phone, please raise your hand if you wish to speak.

5:36

If you're watching on City TV or live stream online and would like to call in the meeting to speak, please call 1669-254-5252 when prompted input webinar D 1617086946 pound.

5:48

Thank you, Brendan.

5:49

Uh Haley, would you like to introduce yourself for the record?

5:54

Yes.

5:54

My name is Haley Lesser, and I'm the director of legislative affairs presenting on behalf of Council President Elivera on the amendments to the rules of council.

6:04

Please proceed.

6:05

Oh cool.

6:06

Um so the purpose of this item is to propose amendments to the rules of council.

6:11

Um in the spirit of collaboration transparency, council president sought to propose changes to the rules of council with input from rules committee and the public.

6:18

Um I want to start by thanking Council President Elo Rivera, Brenda Dantino, Luz Ayanaluna.

6:24

Additionally, I'd like to thank City Attorney Mara Elliott, Heather Ferbert, City Clerk Malin, Council Admin, Councilmember Lakava, and Deanna Funtis for your critical role and engagement in this process.

6:35

So for some background, on September 21st, the rules committee heard an informational item on potential amendments to the rules of council, and the committee members provided feedback on their priorities.

6:45

On October 18th, the rules committee heard an action item on the rules of council.

6:52

Some things that we need for further clarity on and consideration is the council present if there to be a conversation using the words of F2 for council members, so committees will be able to have less than four members.

7:06

So that we want to get input on from the committee members.

7:09

As well as for Rule 4.5, we did change it in order to address that there are our virtual public comment or virtual council members, so we're no longer just using the light panel, but we got input from the city clerk's office, and it's really helpful in scenarios like this to have the rules really clear and laid out.

7:26

So I have proposed language below.

7:28

Um it just lays out the process that the city clerk would open the floor to nominations, calling on council members in person first in accordance with the order captured by the voting system, followed by any virtually attending council members in order which they raise their hand.

7:42

So just having that clear clarity there is pretty helpful for uh rare scenarios when we have to select a chair pro 10.

7:50

So we look forward to your further engagement on that.

7:53

And yeah, that's it.

7:57

Thank you so much.

7:58

Uh thank you, Haley, uh, for the presentation.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████70%
Public Comment███████████17%
Legal Services██████9%
Public Engagement███4%
Summary of Proceedings

San Diego City Rules Committee Meeting on Amendments to Council Rules – November 4, 2022

The Rules Committee met on November 4, 2022, to consider proposed amendments to the City Council's Rules of Council. The meeting featured a presentation by director of legislative affairs Haley Lesser, discussion on committee size and voting thresholds, and public testimony. The committee voted to recommend adoption of the amendments with additional modifications to be finalized by the City Attorney's office.

Public Comments & Testimony

  • Lori Saldania (in opposition) argued that proposed restrictions on public comment (e.g., prohibiting political speech) violate the Brown Act and constitutional protections. She cited recent incidents where staff gestured to cut off speakers and noted that Brown Act violation letters have been submitted to the council.
  • Paul Krueger (in opposition) requested council members show civility by looking at speakers. He supported three minutes for non-agenda public comment and expressed concern that a video of non-agenda public comment from a recent council meeting had been edited out and replaced with generic footage.
  • Joy Sanyata (virtual, District 3) expressed appreciation for the virtual public comment option, highlighting benefits for disabled, homebound, and older adults. She also asked for clarification on a rule about first-come-first-served public comment priority.
  • Kathleen Lippett (virtual) supported the rules amendments but urged that similar clarifications be applied to hearing officer and planning commission meetings, including limits on last-minute memos from attorneys and continuances.

Discussion Items

  • Presentation by Haley Lesser (Director of Legislative Affairs): Proposed amendments to the Rules of Council, developed with input from the council president, city attorney, city clerk, and committee members. Key areas included: Rule 4.5 (selection of chair pro tem) to address virtual council members, and Rule 6.10 (committee size) to allow committees of three or four members instead of a fixed four.
  • City Attorney's Office (Heather Ferbert): Clarified that the draft is still under final review and warned that reducing committee size (e.g., to three) could trigger cross-rule changes. She noted that the Rules Committee serves as a catch-all for members to bring items without violating the Brown Act; reducing its size would eliminate that function. She recommended specifying a range (three to four members) and setting quorum in the annual assignment resolution.
  • Committee deliberation: Council President Elo-Rivera (chair) proposed allowing committees of up to four members to alleviate scheduling pressures from the increase in standing committees. Members discussed the pros and cons of three-member committees, including the impact on quorum (majority of members) and voting thresholds for recommendations. Heather Ferbert cautioned that a three-member committee could create Brown Act issues if a fourth member from another committee joined. The committee agreed to proceed with a majority-vote standard for committee actions (approve, amend, or forward without recommendation) and to direct the city attorney to review for consistency.

Key Outcomes

  • Motion: Council President Elo-Rivera moved to recommend adoption of the proposed amendments (as presented by staff) with the following modifications: (1) Rule 4.5 to clarify the process for selecting a chair pro tem with virtual members; (2) Rule 6.10 to allow standing committees (excluding the Rules Committee) to have three to four members, with composition set annually; (3) Rule 6.9.1 to require a majority vote of the committee for any action (approve, amend, or forward without recommendation); and (4) Rule 6.2.1 to add language stating committee composition will be established in the annual resolution. Councilmember Lakava seconded the motion.
  • Vote: The motion passed (no roll call tally provided in transcript; meeting adjourned without objection, indicating unanimous approval). The City Attorney's office was directed to finalize language and ensure consistency across all rules before the item is presented to the full City Council.

Meeting Transcript

All right, good afternoon. Until further notice, committee meetings will be conducted pursuant to the provisions of California Government Code, Section 54953E, added by Assembly Bill 361, which gives the City Council an opportunity to use teleconferencing and to provide the public an opportunity to address the city council via a call in option or an internet-based service option during a proclaimed state of emergency. Vice Chair Lakava. Present. Committee member Whitbroom. Here. Committee member Kate. And committee member Campillo is absent. With us in addition is IBA Representative Jillian KC. Sorry. Brendan? If you're in person and want to provide public comment, please complete a speaker slip. Forgot to mention that. Sorry. Speaker slip, located at the entrance of chambers and place in the box indicated the speakers like turn at the front of the room, please do so in a timely manner. If you are in person, please come up to reserve seats at the front of the room when your name is called. Members of the public can join the Zoom webinar on uh join the the webinar by computer, tablet or smartphone by accessing the link, which is listed online in the preamble language of the agenda. The link to join the committee meeting webinar by computer tablet tablet or smartphone is listed on the agenda. To join the Zoom webinar by telephone, please dot 1669 2545252 and prompted input webinar D1617086946 pound. This information is also available on the agenda and will appear on the screen during the public comment comment period for our one item today. Members of the public who wish to provide testimony via call-in or internet-based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony or before the virtual speaking queue is exhausted, whichever occurs first. If you're watching on via City TV 24 online or online, there may be a delay. Please participate via the audio on your phone and mute your TV or computer when it's your turn to speak. When I introduce the item you would like to comment on, please 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 your hand is raised. If you have called into the meeting by cell phone or landline, press star and six on your phone to unmute yourself. Please wait until the item you wish to speak 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. We will review these instructions briefly briefly again when we and when the public comment period opens on an item. Thank you, Brendan. Uh with the quorum present, let's take up our uh one agenda item for the afternoon. Item one amendments to rules of council. The public comment period for this item is not open. If you are in person, please submit your speaker slip and come to reserve seats at the front of the room when your name is called. Members of public who wish to provide testimony via calling internet-based service option must enter the virtual speaking queue within five minutes after conclusion of in-person public testimony or before the virtual speaking queue is exhausted. If you have already joined the Zoom webinar online or by phone, please raise your hand if you wish to speak. If you're watching on City TV or live stream online and would like to call in the meeting to speak, please call 1669-254-5252 when prompted input webinar D 1617086946 pound. Thank you, Brendan. Uh Haley, would you like to introduce yourself for the record? Yes. My name is Haley Lesser, and I'm the director of legislative affairs presenting on behalf of Council President Elivera on the amendments to the rules of council. Please proceed. Oh cool. Um so the purpose of this item is to propose amendments to the rules of council. Um in the spirit of collaboration transparency, council president sought to propose changes to the rules of council with input from rules committee and the public. Um I want to start by thanking Council President Elo Rivera, Brenda Dantino, Luz Ayanaluna. Additionally, I'd like to thank City Attorney Mara Elliott, Heather Ferbert, City Clerk Malin, Council Admin, Councilmember Lakava, and Deanna Funtis for your critical role and engagement in this process. So for some background, on September 21st, the rules committee heard an informational item on potential amendments to the rules of council, and the committee members provided feedback on their priorities. On October 18th, the rules committee heard an action item on the rules of council.

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