By Paul Krueger / SDU-T Commentary / November 14, 2025
An informed public is the basis of good government. But when elected officials deliberately erect barriers to civic engagement, democracy gives way to autocracy.
That is exactly what’s happening in San Diego on the critically important issue of the 30-foot height limit in the Midway/Pacific Highway district.
Last month’s unanimous state appellate court ruling requires the city to complete a comprehensive environmental study of the negative impacts of high-rise, high-density development throughout the 1,300-acre district. The court made it clear that voters were not fully informed when they narrowly approved a ballot measure that waived the 30-foot height limit.
Mayor Todd Gloria and City Attorney Heather Ferbert quickly denounced the ruling. They want to ask the state Supreme Court to override the appellate decision. But any such attempt must be approved by a council majority.
Normally, those decisions are in “closed session” meetings where the council can discuss the status of lawsuits without publicly disclosing information that could benefit opposing parties and potentially harm taxpayers.
Normally, I respect those protections. But our elected officials must never use the closed session process to inhibit the public’s ability to fully participate in an important policy issue.
Given the city’s regrettable habit of misleading voters, any decision to appeal the height limit ruling is not strictly a “legal” issue. It’s undeniably a political and policy issue. To the fullest extent possible, it should be discussed and decided with full public participation.
While reporting on this matter, I sent the city attorney several generic and procedural questions about the closed session and appeals process. Her staff members responded by sending me links to the Rules of Council and the state Public Meetings Act (which I already had). They also told me they were “prohibited by the City Charter from giving legal advice to anyone but our client, the City of San Diego.”
Providing answers to my procedural questions would in no way constitute giving me “legal advice.” Attorneys I consulted agreed, and a former public information officer for a district attorney told me she would “always talk (publicly) about process in legal cases, because there’s not much else you can talk about. It’s media training 101 for PIOs.”
So I asked Council President Joe LaCava and the Mayor’s Office for help. But I knew better than to expect an answer, much less the courtesy of a reply.
The Gloria administration has created a two-tiered “caste” system of information sharing — the “favored” and the “loathsome.”
Those who generally support the mayor and council majority’s position on development and budget issues — including the Building Industry Association, the Chamber of Commerce, Circulate San Diego and YIMBY Dems — are in the “favored” caste. A phone call or email from a political ally, lobbyist, campaign contributor or friendly reporter generates instant information and answers.
Those of us who have the temerity to publicly criticize or even question the mayor and council’s positions on a range of issues — destructive high-density development, the bait-and-switch trash fees and exorbitant parking fees — are in the “loathsome” caste. Our inquiries end up in the circular file.
I never received an acknowledgement of my email from the Mayor’s Office. My repeated inquiries to the council president’s office did finally generate a return phone call from his chief of staff. But our polite conversation yielded no substantial information about the closed session process.
Meanwhile, the issue of a possible appeal to the state Supreme Court took an interesting twist. The item was placed on the Nov. 3 closed session agenda — but someone removed it before the meeting, with no explanation.
I attended the meeting anyway, hoping for answers. I tried to ask about the Midway/Pacific Highway height limit issue during public comment on the closed session agenda, but LaCava refused to let me speak.
The issue is now on Monday, Nov.17’s closed session agenda. I’ll be there again to ask for basic information about this important issue. I hope others who care about open government will join me.
Paul Krueger is a freelance writer, editor, an occasional writer for the Rag, and community activist. He lives in Talmadge.
How can a handful of elites with time and money sue to overturn a democratic vote in San Diego, not once but twice. That is the more salient point of your otherwise keen observations.
Those who challenged the vote are not “elites,” and they struggled to raise the money for their attorney. Arguably, those who stand to make many millions off this controversial upzoning — and who contribute generously to our mayor’s political campaign — are the “elites.”
If you haven’t already read the appellate court’s ruling on this issue, here’s the link: https://www4.courts.ca.gov/opinions/documents/D084132A.PDF
I understand that many San Diegans disagree with this ruling, want to gut CEQA and other environmental protections, and would support an appeal to the State Supreme Court.
That’s what our city council will decide. My point is that no matter how you feel about this issue, the discussions and decision-making by our elected officials should be make in public, to the fullest extent possible. And information about the process should be ready available to anyone who asks, which it is not. In fact, as my commentary explains, it’s the politically favored “elites” who have the connections and access that routinely gets them information that’s denied to the disfavored.
Wholeheartedly agree when the public process is a sham and doesn’t mirror what the court process emulates.
Originally, I had the wrong day for the closed session in my commentary. My apologies. It has since been corrected to Monday, Nov. 17. The City Council’s Closed Session discussion of a possible appeal of the reinstatement of the 30-foot height limit will be this coming Monday at 9 am, in the Council Chambers.
Please appear in person or call in durng public comment on the Closed Session agenda to tell council members and the mayor how you feel about this issue, and to urge them to publicly disclose how they voted and why they voted as they did, if any action is taken in closed session.
Here’s the link to the agenda for Monday’s 9 am Closed Session meeting:
https://www4.courts.ca.gov/opinions/documents/D084132A.PDF
Thanks, Paul, for staying on top of this!
Once again..Paul you are spot on. If the mayor and clowncil think there’s going to be public opposition to their ideas, they figure out ways to keep it quiet. And they use their double speak, when anyone asks them a direct question, you get a bunch of words, but not the answer to the question asked. It’s been that way since Toddler’s reign.
Oh Pat, let’s not let the Republicans off too quickly. There was a lot of shenanigans in Faulconer’s and Sanders’ offices. In fact, it was Sanders who set the low standard on budget cuts, let’s not forget that.
Thank you Paul for speaking truth to power. It is sad how one side our local government has become under the “Strong Mayor” form of government. The public is not considered an asset to our democracy but a problem to be ignored and manipulated.
Frank, Frank, Frank…..I agree there were shenanigans going on then too, and that’s why I won’t vote for Faulconer, for ANY political seat. BUT at least they listened to the City wide 42 Planning Committee Groups, and SD, especially the neighborhoods south of I-8, didn’t get their parking taken away, or the multistory project housing built next door to single family homes. The current money grubbing clowns typically make their decisions behind closed doors, and the CPG’s (AKA as public/neighbors) have no say what so ever, in fact many times, don’t even know those meetings are taking place. I’d say that’s a huge difference, wouldn’t you???
Not true Pat. During Faulconer’s reign, for example, a multistory project housing over the 30-foot height limit was built next door to single family homes in Roseville of Point Loma. Residents demonstrated and protested this –and eventually the developer was forced to remove the 4th floor.
Paul Krueger is currently downtown at the City Council on the critically important issue of the 30-foot height limit in the Midway/Pacific Highway district. Supporters may be with him.
Paul wrote, “The issue is now on Monday, Nov.17’s closed session agenda. I’ll be there again to ask for basic information about this important issue. I hope others who care about open government will join me.”