Opinion: Why do city leaders disdain civic engagement?

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’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.

Krueger is a freelance writer, editor and community activist. He lives in Talmadge.