San Diego Rules Committee Meeting - October 2, 2024
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San Diego Rules Committee Meeting - October 2, 2024
The San Diego City Council Rules Committee met on October 2, 2024, at 5:00 PM UTC. The meeting covered public comments on non-agenda items, approval of consent agenda, amendments to the municipal code for Ethics Commission fines, and a presentation from the Funds Commission. The committee voted 4-0 to advance the Ethics Commission fine amendments to the full council.
Consent Calendar
- Item 1: Approval of committee minutes from September 4, 2024. Approved unanimously (4-0, with Councilmember Kimpio absent).
Public Comments & Testimony
- Non-Agenda Public Comments:
- Joy Sonata (District 3) expressed concern over Councilmember Dr. Campbell's absence and called for transparency.
- Cesar Javier raised health and safety issues from a home-based ceramics kiln at 5238 Streamview Drive, District 9, citing symptoms including respiratory problems and requesting enforcement.
- Madison urged strengthening cannabis regulations, public awareness campaigns, and reporting of illegal operations.
- Terry Ann Skelly (community volunteer) requested a report on enforcement of hemp product advertising and sales, especially near children.
- Becky Rapp (parent, public health educator) advocated for a smoke-free generation in San Diego, referencing UK tobacco phase-out and asking for further action on flavored vape products.
- An anonymous speaker supported the Javiers' concerns, criticizing the committee for ignoring their health complaints.
- Peggy Walker cited a National Academy of Sciences report on risks of cannabis commercialization, calling for better enforcement.
- Judy Strang did not speak.
- Consent Agenda Public Comments:
- One speaker criticized the vagueness of meeting minutes and the reduction of public comment time, accusing the committee of silencing the public.
- Item 2 Public Comments:
- Joy Sonata supported the proposed fine increases, treble damages, and CPI adjustments.
- Cesar Javier argued that money is not a deterrent and that wealthy individuals can hire lawyers.
- An anonymous speaker suggested heavier consequences, including community service or jail time, for ethics violations.
- Item 3 Public Comments:
- Joy Sonata thanked the donors and praised the Funds Commission's work.
- Cesar Javier urged changing rules to use funds for human survival rather than strict adherence to original purposes.
- An anonymous speaker questioned oversight of how funds are spent, who controls investments, and whether funds are ever diverted.
Discussion Items
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Item 2: Amendments to Municipal Code Regarding Administrative Fines Assessed by the Ethics Commission
- Sharon Spivack (Executive Director, Ethics Commission) presented a proposal to increase the maximum fine per violation from $5,000 (set in 2002) to $15,000, add a treble damages provision for cases involving unreported monetary amounts, and implement a CPI adjustment every two years (rounded to nearest $50).
- She argued that $5,000 is no longer a deterrent, citing inflation (equivalent to $8,700 today) and that some view it as a cost of doing business. The commission would retain discretion based on severity, and fines go to the general fund.
- Council President Pro Tem Lakava moved to approve the staff recommendation, seconded by Councilmember Lee.
- Council President Ila Rivera asked about avoiding a chilling effect on grassroots candidates. Spivack noted the commission's extensive training program and that first-time candidates are treated with leniency.
- Lakava floated the idea of attaching dollar amounts to nondisclosure of ad costs; Spivack acknowledged the gap but said the current proposal addresses it.
- Motion passed 4-0 (Kimpio absent).
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Item 3: Presentation from the Funds Commission (Council Policy 000-26)
- Jeremy Shortis (Treasurer's Office) and John Peel (Vice Chair, Funds Commission) presented an overview of the seven trust funds (total ~$12.6 million as of Aug 31, 2024) and their investment performance.
- Funds include library memorials, cemetery perpetuity, and park preservation. The Mount Hope Cemetery Perpetuity Fund uses a 34% risk asset allocation (stocks, real estate) to produce income; the other funds use a 65% stocks / 35% bonds target.
- Jeff Nip (Seagull Marco Advisors) noted that the non-cemetery funds have higher returns due to greater equity exposure, with year-to-date returns around 10.5%.
- Council President Pro Tem Lakava questioned oversight of fund expenditures to ensure they match donor intent, and whether the city attorney's ex-officio role is appropriate given the commission's focus on investment. He also asked about filling vacancies; the commission currently has a full membership after a recent appointment.
- Lakava emphasized that endowment funds should never be used for other purposes, no matter how urgent.
- Council President Ila Rivera asked who determines investment strategy; Peel confirmed it is the commission's decision, voting on changes to the investment policy statement. Rivera noted that the city's fossil fuel divestment policy does not apply to these funds without separate action.
- The item was informational only; no vote taken.
Key Outcomes
- Item 2 (Ethics Commission Fines): Passed 4-0 (Councilmember Kimpio absent). The committee approved the staff recommendation to advance the ordinance amendments to the full City Council. The amendments will increase the maximum fine from $5,000 to $15,000, add a treble damages provision for certain monetary violations, and include a CPI adjustment every two years.
- Consent Agenda: Approved 4-0.
- Next Meeting: The Rules Committee will meet next on Wednesday, October 30, 2024, at 9:00 AM.
Meeting Transcript
Welcome to the Rules Committee meeting of October 2nd, 2024. Our committee liaison, Natalie Kessler, will go over information and instructions for today's meeting. Thank you, Council President. While members of the public are able to attend meetings in person, this meeting is being televised and live streamed on the city's website, and council administration will continue to make arrangements for the public to comment using the Zoom webinar platform. Additionally, members of the public who wish to provide testimony via a call-in or an 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. This will allow for better meeting management between the two platforms and ensure the committee is able to manage and conduct city business. Council President Thank you, Natalie. All right. Natalie, if you'd please call the role. Vice Chair Council President Pro Tem Lakava. Present. Committee member Lee. Here. Committee member Kimpio. Committee member Moreno. Present. And Chair Council President Ila Rivera. Present. Also attending the meeting is Gillian Andalina, Deputy Director in the Independent Budget Analyst Office. Deputy City Attorney Kathy Steinman and Director of Policy for Mayor Todd Gloria, Matt Yagangan. If you're in person, please complete a speaker slip located at the entrance of chambers and place it in the box indicated at the speaker's lecture and at the front of the room. Please do so in a timely manner to ensure proper meeting management. In-person testimony will conclude before virtual testimony begins. Members of the public can join the webinar by computer, tablet, or smartphone by accessing the link which is listed online in the preamble language of the agenda on the city's webpage. To join the Zoom webinar by telephone, please dial 1669-2545252 when prompted. Members of the public who wish to provide testimony via a call-in or an 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 via City TV 24 or online, there may be a delay. So please participate via the audio on your phone and mute your TV or computer when it is your turn to speak. If you wish to speak on a particular item, please wait for that item to be called and then raise your hand to speak by tapping the raise your hand icon. Or if you're a calling participant, press star nine on your phone. If you raise your hand during a non-comment period, your hand will be lowered. Council President. Actually, before we do that, just to quick check any member nodding in the comment. All right. Let's hear from the public. Each speaker will have two minutes. And if you've joined the Zoom webinar online or by phone and have non-agenda public comment, please raise your hand at this time. And Council President, we've received three speaker slips from individuals in chambers. We will begin with those in chambers before we move to the virtual queue. Starting with Joyce and Yada, please approach the lectern, and you'll be followed by Cesar Javier and Perita Javier. Good morning. Thank you, Natalie. Appreciate you so much. Joy Sonata District Three. Areas of responsibility include the rules of counsel, committee composition, and responsibilities. I had six pages, six, written on my topic for this morning. I threw out five of them and saved the last page on this topic. Okay. I'll read the uh I will do my best to speak from my heart and my head. First, my last page that I save.
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