Schooled! Public Commenters Teach ‘Professor’ La Cava a Lesson

OB Rag Staff Report

When the San Diego City Council returned from a month’s hiatus on August 24, Council President Joe La Cava quickly laid down the law about what he would and would not allow public commenters to discuss.

But those commenters quickly taught him a lesson about why elected officials who run meetings need to do their homework.

The afternoon’s second agenda item was a formality, a vote to remove Measure C from the municipal code. The initiative would have let the Midway Rising project exceed the city’s 30-foot coastal height limit. But it was struck down in court on environmental impact issues, so the Council vote was procedural.

Midway Rising has sparked a furious battle between elected officials who are hell-bent on pushing it through, and community activists who are hell-bent on stopping it. Mayor Todd Gloria, who has staked everything on this project, flew to Sacramento to lobby for special legislation that will green light it.

So, it was no surprise when public commenters addressed the environmental risks of Midway Rising, including flooding from rising sea levels and soil liquefaction.

But the Council President wasn’t having it. He interrupted several speakers and chastised them because they didn’t strictly limit their remarks to the defunct Measure C.

“I’m going to ask you to speak on Measure C,” La Cava told Angela Vedder, “to talk about whether or not we should repeal Measure C.”

Lori Saldana noted the irony of repealing Measure C while pushing state bills to negate existing height limits. When she concluded, Professor La Cava gave her a B-minus:

“You were doing so well, you really nailed the testimony for repealing Measure C – until right at the end.”

After hearing La Cava scold those speakers, commenters who followed were ready. They pointed out that their remarks about Measure C could appropriately address environmental issues. And they gave him a lesson about the dangers of patronizing constituents who are way smarter than he might assume think they are.

Kathryn Rhodes, who like La Cava is an engineer, reminded the Council that the appellate courts voided Measure C precisely because of problems with environmental review.

“I’m talking about the reasons why you have to repeal Measure C,” she said. “Regarding the judges’ decision, you guys did not analyze a whole bunch of things you should have.”

Explaining why porous pavement is an inadequate strategy to prevent flooding, Rhodes said, “You have to have basic engineering standards. Porous pavement doesn’t cut it. You guys have a lot of work to do.”

Blair Beekman pointed out that elected officials who support Midway Rising “have a vested interest in not talking about sea-level rising. President La Cava is being a little too narrow in his definitions of how we can talk about this issue. It’s an important conversation, and it needs to be open.”

A speaker who identified herself as “Amanda” read an excerpt from the appeals court ruling against Measure C, which notes that judges “will reverse an agency’s discrimination regarding CEQA compliance only when there was a prejudicial abuse of discretion.”

Based on that reading, she said, “You guys put a dangerous measure up for a vote without considering the important environmental impacts. I’m really disappointed that you guys are practicing ‘prejudicial abuse of discretion,’ aka lying to the voters.”

Bob Kosinsky had this to say:

“I want to express my disgust with Joe La Cava demonstrating his disregard for the public by repeatedly cutting people off.”

Now in his second year as Council President, La Cava clearly enjoys his power and prestige. Maybe his colleagues will extend his presidency for a third year. But his term ends in 2028, at which point he reverts to ordinary citizenship. And he won’t like it when a future council president firmly tells him to stay on topic, or shut up and sit down.