San Diego Rules Committee Meeting: March 20, 2024

On March 20, 2024, the San Diego City Council Rules Committee met to consider several policy items including a proposed sales tax ballot measure, whistleblower protections, a centralized transparency office, a redistricting charter amendment, and updates to records management procedures. The committee took unanimous votes on most items, with a split vote on advancing the redistricting measure. Public testimony featured a wide range of voices, with many supporting the sales tax initiative while others raised concerns about trust, fiscal management, and alternative revenue sources.

Consent Calendar

• Approval of Committee Minutes (February 21, 2024): Passed unanimously after one public speaker commented on surveillance technology and border issues.

Public Comments & Testimony

• Item 1 – Sales Tax Ballot Measure:

  • Supporters: Timothy Douglas (Local 127), Joyce Ngyada (District 3), Connor Robbins (Teamsters 911), Michael Zuquet, Matt Kotrinski (Local 127), Anthony Dang (Climate Action Campaign), and several virtual callers cited the need for infrastructure investment, better services, and a long-term plan. Many noted that San Diego has the lowest sales tax rate among large California cities.
  • Opponents: Shane Harris (People’s Association of Justice Advocates) argued that the city has mismanaged funds (citing 101 Ash Street) and that multiple tax hikes on the same ballot would burden residents. Paul Krueger (San Diego Taxpayers Association) recommended a sunset clause and performance plan, warning that without such protections the association would oppose the measure. Terry Hoskins questioned trust in the city’s spending. Lori Saldania suggested raising the Transient Occupancy Tax instead, noting it is lower than in other cities. Multiple callers echoed concerns about prior fiscal decisions and the lack of a dedicated plan.

• Item 2 – Whistleblower Protections:

  • Supporters: Lori Saldania, the Original, and Blair Beekman all spoke in favor, emphasizing that city employees need real protections to report wrongdoing and that existing state law alone is insufficient. Many cited examples of retaliation and the need for a culture of transparency.

• Item 3 – Office of Transparency:

  • Supporters: Joyce Ngyada, Lori Saldania (provided examples of redactions), Clifford Wheeler (retired attorney), Blair Beekman, the Original, and Shane Harris all supported a centralized PRA office, highlighting current inconsistent responses, high costs of litigation, and the public’s difficulty in obtaining records.
  • Concerns: Several speakers urged that the office be truly transparent and not just a rebranding, and that it consider ADA compliance.

• Item 4 – Redistricting Ballot Measure:

  • Cautious Support: The Original encouraged open discussion and transparency. Blair Beekman raised equity and gerrymandering issues but supported the conversation.

• Item 5 – Records Management Updates:

  • Supporters: Joyce Ngyada praised the culture shift toward digital access. Blair Beekman appreciated the participatory approach.
  • Opponent: the Original expressed concern about retention policies and the potential loss of historical records, citing difficulty obtaining election results.

• Non-Agenda Public Comment:

  • Joyce Ngyada asked for a comprehensive customer service report and for clarification of rules on public campaigning.
  • Lori Saldania reported that 82% of women elected officials in the region experienced threats or harassment, and urged a code of conduct for board and commission appointees.
  • Blair Beekman requested that Police Accountability Board meeting videos be posted on YouTube within 7-10 days.
  • the Original called for more transparency regarding city spending on migrant housing and services.

Discussion Items

• Item 1 – Sales Tax Ballot Measure: Mayor Todd Gloria and Councilmember Campillo introduced the proposal, framing it as a solution to the structural budget deficit and a $9.5 billion infrastructure backlog. Staff presented data showing San Diego’s sales tax rate (7.75%) is tied for the lowest among the 10 largest California cities and fourth lowest statewide. The city only retains 1% of that rate (about $375 million annually). The proposed 1-cent increase would generate approximately $400 million per year. Councilmembers discussed the need for a long-term plan, noting that a sunset clause would hamper planning. Councilmember Moreno expressed concern about competition with a countywide sales tax measure already on the November ballot and questioned whether the public understands the city’s fiscal crisis. The motion to advance staff analysis and draft framework passed unanimously.

• Item 2 – Whistleblower Protections: City Attorney Mara Elliott explained that current state protections are insufficient and that codifying them in the municipal code, along with a centralized website and training, would empower employees to report misconduct. She referenced the Anaheim scandal as a cautionary tale. Councilmembers expressed support, with Councilmember Moreno asking that the draft ordinance return to the Rules Committee first. The motion passed unanimously.

• Item 3 – Office of Transparency: City Attorney Elliott proposed a centralized office to coordinate and respond to PRAs, citing inconsistent responses, rising volume (from 639 requests in 2010 to over 7,000 in 2023), and nearly $500,000 in litigation payouts between 2019-2023. The IBA noted potential costs of $640,000 for new staff but suggested possible absorption. Council President Pro Tem Lakava moved to direct the IBA and city attorney to study whether the initiative can be budget-neutral and determine the best implementation path (municipal code amendment vs. operational directive). The motion passed unanimously.

• Item 4 – Redistricting Ballot Measure: No formal presentation. Councilmember Lee moved to direct the city attorney and city clerk to work with the district six office to draft a ballot measure and return to the June 5, 2024 Rules Committee. Councilmember Campillo and Council President Pro Tem Lakava opposed, arguing the timeline was too tight for a charter amendment that won’t take effect until 2031, and that cost and unanswered questions warranted more time. The motion passed 3-2 (Lee, Moreno, and Council President Ilo Rivera in favor; Lakava and Campillo against).

• Item 5 – Records Management Updates: City Clerk Diana Fuentes and Deputy Director Mark Webb presented changes to the municipal code and administrative guidelines to modernize records management, including shifting from “program” to “policy,” allowing digital-only retention for records over 10 years, and expanding permanent media to include microfilm. The office also seeks to align hours and storage with current needs. The motion to approve the ordinance and resolution passed unanimously.

Key Outcomes

• Item 1 – Sales Tax Ballot Measure: Approved (unanimous) to request the mayor’s office and Council District 7, working with the IBA and city attorney, to provide preliminary fiscal, operational, and legal analysis and draft a ballot measure framework for a future Rules Committee meeting.
• Item 2 – Whistleblower Protections: Approved (unanimous) directing the city attorney to prepare a draft ordinance adding whistleblower protections to the San Diego Municipal Code and return to a future Rules Committee meeting.
• Item 3 – Office of Transparency: Approved (unanimous) directing the IBA and city attorney to confirm whether the initiative can be budget-neutral and to recommend an appropriate implementation path, then report back to the Rules Committee.
• Item 4 – Redistricting Ballot Measure: Approved (3-2) to direct the city attorney and city clerk to work with Council District 6 to draft a ballot measure and return to the June 5, 2024 Rules Committee meeting.
• Item 5 – Records Management Updates: Approved (unanimous) to forward the proposed ordinance and resolution to the full City Council for adoption.

The meeting adjourned at [time not specified] until the next Rules Committee meeting on April 18, 2024.