Land Use and Housing Committee Meeting – April 22, 2021
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Land Use and Housing Committee Meeting – April 22, 2021
The Land Use and Housing Committee met on April 22, 2021, via Zoom due to executive order 2920. Chair Whitburn presided, with Vice Chair Ila Rivera, Councilmember LaCava, and Councilmember Moreno present. The committee approved consent items, discussed the FY2022 Affordable Housing Fund Annual Plan, and received an informational update on cannabis businesses. Public comment was heard on non-agenda items, the consent agenda, and both agenda items.
Consent Calendar
- Item 1: Joint use agreement with the City of Chula Vista for the extension of E Street between I-5 and Bay Boulevard over a portion of San Diego's 78‑inch South Metro Interceptor Sewer Pipeline.
- Item 2: Ordinance setting aside a portion of dedicated city parkland (Mira Mesa Open Space) for street opening and maintenance in conjunction with the Three Roots project, pursuant to San Diego Charter Section 55.
- Both items were approved unanimously. Councilmember LaCava expressed reluctance about giving away parkland but voted yes.
Public Comments & Testimony
Non‑Agenda Public Comment (before consent agenda):
- Kathleen Lippett criticized city leaders for not prioritizing community concerns such as clean air, safe communities, and healthy food, and argued that policies add burdens rather than removing them.
- Judy Strang shared concerns from the Barrio Logan Planning Group about air quality from trucks and secondhand smoke (tobacco and marijuana), urging the city to improve air quality in vulnerable communities.
- Terry Ann Skelly requested the city remove marijuana billboards, citing Prop 64 restrictions and a judge’s ruling in November 2020. She quoted a student from City Heights who said billboards near schools undermine youth goals.
- Catherine Rhodes spoke about the housing element, noting it was only conditionally approved and that the city missed an April 15 deadline to provide more information. She suggested increasing the affordable housing percentage and exploring reservoir development for housing.
Public Comment on Consent Agenda: No speakers.
Public Comment on Item 3 (Affordable Housing Fund):
- Catherine Rhodes argued the city is in non‑compliance because it does not properly report on development fees collected, and criticized the San Diego Housing Commission for not spending available funds, instead holding large balances. She requested that more money be issued immediately in NOFAs rather than held back.
Public Comment on Item 4 (Cannabis Businesses): 13 speakers offered varied positions:
- Scott Chipman (San Diegans for Safe Neighborhoods) opposed expansion, citing child deaths, addiction, and lack of public health protections.
- Phil Raff (United Medical Marijuana Coalition) stated that 50% of cannabis sales are illegal, supported lower production tax rates, and urged reasonable retail growth.
- Spencer Andrews (March & Ash) urged smart, data‑informed growth with transparency and community benefit.
- Tyler McCormick (high school sophomore) opposed expansion, arguing that cannabis industry advertisements and stores negatively affect youth aspirations and neighborhoods.
- Armand King (community leader and patient) supported social equity and argued alcohol is more harmful, with no known cannabis overdose deaths.
- Dave DeWal (Torrey Holistics) supported legal industry and noted illegal markets pose health risks from untested products.
- Sabrina Alvarado (High Key) supported aligning operating hours with state law (6 a.m. – 10 p.m.), licensing remaining outlets, and lowering the production tax rate.
- Alex Scherer emphasized lowering taxes to make production facilities viable, citing competitiveness.
- Carrie Jakes (children’s pastor) strongly opposed removing churches from sensitive use status, urged retention of 1,000‑foot buffer.
- Carol Green questioned compliance checks, shared personal story of son’s death from cannabis‑induced psychosis, and urged caution.
- Barbara Gordon opposed expansion, questioned who is driving the process, and cited scientific evidence of harm.
- Will Senn (Urbana) supported lowering production tax to 1–2% to spur investment and tax revenue growth.
- Gina Austin (attorney) advocated for relocation opportunities for CUP holders and tax reduction to compete with neighboring cities.
- Judy Strang (repeat) argued Prop 64 does not mandate local businesses and that the city should not use Vista/La Mesa ratios due to density differences.
- Peggy Walker (public health) expressed outrage, called the presentation a marketing arm for the industry, and cited impacts on youth and addiction.
- Jay Bowser (Paving Great Futures) supported social equity, argued against fear‑mongering, and noted CDC states cannabis overdose is extremely unlikely.
- Grant Tom (UFCW) supported building good jobs and living wages in the cannabis industry.
- Becky Rapp (parent and mentor) opposed removing churches as sensitive uses, shared personal story of family impact.
- Dallin Young (Cannabis Chamber of Commerce) supported social equity program, zoning changes, lounges, and lower taxes.
Discussion Items
Item 3 – Proposed FY2022 Affordable Housing Fund Annual Plan
- Staff presented the plan: ~$64 million available ($7M new collections + $57M fund balance). Proposed allocation of $60.2M across rental housing finance, homeownership, and homeless housing initiatives. Staff requested committee recommendation to council.
- Councilmember Moreno expressed strong support for the first‑time homebuyer program and requested a dedicated committee discussion on expanding it. He also asked that the navigation center / homeless response center come to this committee as a standalone item. He moved to approve staff’s recommendation.
- Vice Chair Rivera seconded the motion. She asked about community engagement opportunities and the administrative‑cost ratio of new revenue. Rick Gentry (CEO, Housing Commission) provided responses.
- Councilmember LaCava asked about how priorities are set, the need to quantify housing targets, the ADU assistance program (answered by Emily Jacobs), and the 11% of funds allocated to homeless housing initiatives rather than building/preserving homes.
- All committee members voted yes; motion passed unanimously.
Item 4 – Cannabis Businesses Update (Informational)
- Staff (led by PJ Fitzgerald, Deputy Director, Cannabis Business Division) presented current state: 40 production CUPs issued (30% operational), 23 retail outlets approved (13 of 36 cap remaining), FY2020 tax revenue $17.3M (FY2021 projected $22.7M). Discussed separation requirements, proposed changes, social equity grant ($75,000 awarded for assessment/program development), illegal market challenges, and national trends.
- Chair Whitburn emphasized equity and asked about tools to combat illegal delivery services (Detective Vejita cited staffing needs). He requested a deeper discussion on zoning framework and CUP process.
- Vice Chair Rivera supported equity, criticized racist enforcement of prohibition, and asked about permit cap alternatives and tax rate comparisons.
- Councilmember LaCava expressed cautious support for targeted regulatory changes, not a broad expansion. He asked about illegal market enforcement and coordination with the county on social equity.
- Councilmember Moreno had no questions but thanked staff.
- Staff (Elise Lan) confirmed that the equity grant will require policy recommendations to come back to committee and council.
Key Outcomes
- Consent Agenda (Items 1 & 2) approved unanimously.
- Item 3 – Affordable Housing Fund Annual Plan: Motion to recommend council approval of the $60.2M plan and model programs, with authorization to reallocate among programs, passed unanimously. Councilmember Moreno’s request for a future focused discussion on first‑time homebuyer programs was accepted by the chair.
- Item 4 – Cannabis Businesses Update: Informational only; no vote taken. The chair directed staff to return with updates on zoning framework, CUP relocation, and tax rate options for production facilities. The cannabis equity program will be brought forward for policy recommendations as part of the grant requirements.
- Meeting Adjourned: Next meeting scheduled for June 10, 2021 at 1:00 p.m.
Meeting Transcript
Hold on real quick. Chair, please proceed. Good afternoon, everyone, per executive order 2920, which suspends certain requirements of the Brown Act. Committee members will be participating this afternoon via Zoom. In addition, this meeting is being televised and live streamed on the city's website. No members of the public will be in physical attendance at the meeting in the interest of public health and safety. However, the committee liaison has made arrangements for the public to make comments using the Zoom webinar platform. As we go forward, I'll go over the specifics of how to join the webinar and we'll give details on how people can offer public testimony. At this time, I will call the land use and housing committee meeting of Thursday, April 22nd, 2021 to order. And I will now call the role, Vice Chair Ila Rivera. Present. Councilmember LaCava. Present. And Councilmember Moreno. Present. I am also here, so we have a quorum. I'd also like to welcome from the Office of the Independent Budget Analyst, Charles Matica, from the Mayor's Office, Randy Wilde, and from the City Attorney's Office, we have Corinne Newfer. Thank you very much for joining us this afternoon. The public may view the meeting on the City TV channel for Cox Communication and Time Warner Cable, that's Channel 25, or for ATT, that's Channel 99. Or you may view the meeting online by going to the City Council Committee's homepage at Sandiego.gov and selecting the City TV Live Webcast blue button on the right hand side of the page. Members of the public can offer public comment on items by accessing the Zoom webinar online using a desktop computer, laptop, tablet, or smartphone, or by calling into the meeting using a smartphone, cellular phone, or landline. The link to join the committee meeting by webinar or computer, tablet or smartphone is listed on the agenda on how to join by iPhone 1 tab. To join the Zoom webinar by telephone, you may dial either 1669 254 5252 or 1646 828 7666. And when prompted, input webinar ID 161042 5337 pound. And that information is also available on the agenda and it will appear on the screen during the public comment period for each item. When I introduce the item you'd like to comment on, please raise your hand by either tapping the raise your hand button on the computer or tablet or smartphone or by pressing star 9 on your phone. At that time, you can please unmute your phone by tapping the unmute button on your computer, tablet or smartphone, or by pressing star six on your phone. Please wait until the item that you wish to speak to has been called before you raise your hand to speak. If you raise your hand during a non-comment period, your hand will be lowered. Also, please mute the volume on your TV or computer before you begin to speak. We'll start by taking up the approval of the committee actions of March 12th, 2021. Do I have a motion to approve the committee actions? So moved. We have a motion by Vice Chair Ilo Rivera. Do we have a second? Uh second, La Cava. Thank you, Councilmember. We have a motion uh by Vice Chair Ilo Rivera and a second by Councilmember La Cava. If there are any council member comments or questions regarding approval of the March Committee actions, we'll invite those now as we call the roll and each committee member may register their vote. Vice Chair Ila Rivera. Yes. Councilmember La Cava? Yes. Councilmember Moreno. Yes. Thank you. And I would also like to register a yes vote, and the result of that vote is unanimous in favor. We will now take up non-agenda public comment. Per temporary rule 2.6 non-agenda public comment is an opportunity for members of the public to comment on items that are not on the agenda but are within the subject matter jurisdiction of the committee. Each speaker will have uh two minutes.
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