Donna Frye: ‘Making Sense of How the City Council Is Attempting to Increase and Also Decrease the Public’s Participation in Meetings’

Also, Campillo Proposes ballot measures have a cost-of-service study done before, not after, voters cast their ballot

By Donna Frye

The Community Coalition Bulletin for this week included helpful and important information about the February 18, Rules Committee meeting regarding the public’s right to know and some important state Brown Act amendments.

Items 2 and 3

As discussed in the Bulletin, Items 2 and 3 are being proposed by Councilmember Campillo. The changes are a result of the fees San Diego residents were led to believe they would be paying when they voted to support a trash tax. As everyone knows, voters were told in the ballot materials that the fees would be much lower than the amount approved by council. It’s why Campillo voted against the increased fees.

His proposal includes an option for the council to require that ballot measures have a cost-of-service study done before, not after, voters cast their ballot to avoid another trash fee debacle. “It would only apply to ballot proposals put forward by Councilmembers, the Mayor, mayoral departments, independent department directors, or a public agency” but “would not apply to proposals submitted by members of the public.”

It also requires the city to “provide more clarity in city notices about any proposed increases in existing fees and residents’ right to protest.” This would include requiring the first paragraph of the mailer to “clearly indicate that the City of San Diego is proposing to impose or increase a fee; that the recipient has the right to protest the fee; and that the City can only be prohibited from imposing or increasing the fees (or rates) if protests are submitted by a majority of parcels.”

Even though items 2 and 3 were on the November 19, 2025 Rules Committee meeting agenda, neither item was heard at that meeting and were trailed to a future meeting.

Campillo’s amendments are sensible and reasonable and could go a long way in helping prevent another “bait and switch” scenario from being foisted upon the voters. The public has a right to know what things cost before they vote on them and a right to know how to protest any new fees.

Please let the Rules Committee members know that you support Councilmember Campillo’s proposals (Items 2 and 3 ) by attending the February 18  Rules Committee meeting or using the webform.

You can also contact the Rules Committee Members directly:

CD1 619-236-6611 joelacava@sandiego.gov
CD6 619-236-6616 kentlee@sandiego.gov
CD7 619-236-6677 raulcampillo@sandiego.gov
CD8 619-236-6688 vivianmoreno@sandiego.gov
CD9 619-236-6699 seanelorivera@sandiego.gov

Item 4

Also discussed in the Bulletin was Item 4 which is an informational item to  “provide an overview of changes to the California Ralph M. Brown Act enacted by State Senate Bill No. 707 (SB 707)”, discuss how that impacts the Rules of Council and determine how to comply with the changes.

Because Item 4 is an informational item the committee will not vote on it on February 18. However, it is always a good idea to engage in the process as early as possible to ensure that your concerns are heard and your issues addressed before the scheduled vote on March 18 at the Rules Committee.

One of the changes SB 707 requires is that by July 1, 2026, the city must ensure that the people calling in to speak at a meeting are given the same amount of time as the people attending the meetings in person. To the best of my knowledge, the city already does this.

However, the city is proposing changes to its current policy of ceding time from one speaker to another. Currently the city policy does not allow people calling in to cede their time but does allow it for people attending in person.

The city has proposed three options to address this disparity. One suspends the option of ceding time to another speaker until the city can figure out how to comply, one ends the practice entirely, and the third replaces the practice with a new procedure that would allow people to “pool” their time, but only if there are between 5 to 10 people. There would also be forms to fill out and deadlines to meet.

I am unaware of anything in the Brown Act that directly addresses the issue of ceding time. However, the changes made to the Brown Act in SB 707 are meant to encourage and increase public participation, not make it more difficult.

It’s my guess that there are other options that would allow people calling in to cede their time to another speaker without it being so complicated or being eliminated altogether. If anyone has suggestions, such as how to make it easier for community groups and volunteers who are part of city boards and committees to make presentations and participate, I would encourage you to submit them to the Rules Committee members.

Other changes required by SB 707 that are discussed in the staff report include agenda translation and a policy on disruption of telephonic or internet service.

There are also changes that were not included in the staff report that may be of interest. For example, Government Code section 54952.7 now requires the city to provide a copy of the Brown Act to any person who is elected or appointed to serve as a member of the legislative body of the agency. Previously, “the distribution was permissive and limited to specified persons.”

Another change required by SB 707 ensures that as of January 1, 2026, even if an item was heard at a committee meeting, public comment will be allowed  “if the committee focuses on elections, budgets, police oversight, privacy, library material restrictions, or taxes, even if the item hasn’t changed.” In the past, public agencies could avoid providing public comment on items already heard by a committee so this change increases public access on certain topics.

You can attend the February 18 meeting or use the webform to provide your comments about the proposed changes and offer your suggestions about how to make it easier for the public to participate.

You can also contact the Rules Committee Members directly:

CD1 619-236-6611 joelacava@sandiego.gov
CD6 619-236-6616 kentlee@sandiego.gov
CD7 619-236-6677 raulcampillo@sandiego.gov
CD8 619-236-6688 vivianmoreno@sandiego.gov
CD9 619-236-6699 seanelorivera@sandiego.gov