Land Use and Housing Committee Meeting - June 16, 2022
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Land Use and Housing Committee Meeting - June 16, 2022
The San Diego City Council's Land Use and Housing Committee met on June 16, 2022, to discuss and vote on several items, including a contractor transparency amendment, community planning group reforms, and an informational update on the eviction prevention program. The meeting was conducted via hybrid format due to the COVID-19 state of emergency.
Consent Calendar
- Unanimously approved the committee actions of April 21, 2022.
- Approved consent agenda items: 1) Acquisition of land for McGonagall Canyon Neighborhood Park; 2) Fifth Amendment to lease at 525 B Street; 3) Declaration of 3,645 square feet of city-owned property on 40th Street as exempt surplus land and authorization of sale to Iwashita Real Estate Development LLC, O'Connor Real Estate Development LLC, and HDP Opportunity Partners LLC. Public comment noted lack of specificity in the staff report for the 40th Street property (no parcel number or exact address), but staff clarified that an aerial photograph and parcel number were included in the agreement.
Public Comments & Testimony
Item 4 – Contractor Transparency Amendment:
- Support from labor unions and worker advocates: Jesse Garcia (Carpenters Union) cited examples of subcontractors with poor practices; Jorge Vera Montes emphasized human rights; Christopher Allen (Southwest Regional Council of Carpenters) described wage theft at 3744 7th Ave by Graystar and Southern California Interiors; Frank Peña highlighted Pinnacle developer and Moto Drywall; Javier Santizo detailed JPI Companies and subcontractors with violations; Doug Hicks called transparency essential to end exploitation; Derek Robinson (Center on Policy Initiative) supported for safety; Brandon Beck (CWA Local 9511) documented unsafe subcontractor work on Verizon 5G; Christian Carrillo (San Diego & Imperial Counties Labor Council) supported for worker protection.
- Opposition from some contractor and housing associations: Matt Adams (Building Industry Association) argued the ordinance is overly punitive, may stop projects for paperwork violations, and lacks staff capacity; Nicole Weinman (licensed contractor) expressed concern about disclosing pending enforcement actions prior to due process; Mike Nagy (Southern California Rental Housing Association) opposed as it presumes guilt and creates impediments to housing; Jeff Landon (contractor) echoed concerns about unclear process and burden; Sarah Garcia (family contractor) warned it hurts good actors.
Item 5 – Community Planning Group Reforms:
- Support from several speakers: Colin Parent (Circulate San Diego) supported reforms for better decision-making; Matt Adams (former CPG member) supported term limits and removing voting restrictions; Victor Avina (YIMBI) supported renter seats; Marissa Tucker Borquez (YIMBI Democrat) emphasized need for renter representation; Matt Vasilakis (Climate Action Campaign) supported for inclusivity; Saad Assad (resident) wanted more representative groups; Adam Deutsch (former CPG member) wanted representation; Rachel Graham (renter) supported reforms; Zach DeFazio Farrell (NIMBY) supported.
- Opposition or concerns from many CPG representatives: Sally Small (College Valley CPG) asked for more work on zero meetings rule and appeals; Matt Walstrom (Uptown Planners) requested clarification on appointed seats; Chris Nielsen (University CPG Chair) opposed fee elimination for appeals and two-year gap; Andrea Schlagter (Ocean Beach Planning Board) asked to reduce two-year gap and keep fee waiver; Jim Baras (Normal Heights) several concerns including one-year gap, no fee waiver; Diane Kane (La Jolla CPG) presented CPC letter opposing two items; David Moddy (Kensington-Talmadge) opposed two-year term out; Cindy Moore concerned about mandates for community involvement strategies; Wally Wolfeck (former CPC chair) called it a Trojan horse; Deborah Knight (University CPG) opposed removing attendance requirement to run; also several others.
Item 6 – Eviction Prevention Program:
- One speaker: Mike Nagy (Southern California Rental Housing Association) thanked for program and asked for continued partnership with landlords.
Discussion Items
Item 4: Contractor Transparency Amendment (Action)
- Presented by Jessica Lawrence, Director of Policy for Mayor Todd Gloria. The amendment would codify state contractor licensing requirements into municipal code for certain permits (residential/mixed-use 20+ units, commercial/industrial 20,000+ sq ft, public right-of-way permits). Requires disclosure of license, insurance, and any prior labor violations. Enforced by Development Services Department at permit issuance; noncompliance deemed unpermitted work subject to code enforcement.
- Councilmember Whitburn moved to approve staff recommendation. Councilmember Lukava seconded. Discussion: Clarification that permits can be issued without full subcontractor list if provided before work starts; unintentional errors not overly punitive; pending actions listed do not automatically exclude permit; applies to projects deemed complete after effective date. Councilmember Moreno requested that mayor's office meet with stakeholders before council hearing. Councilmember Kate expressed concerns about potential misuse of pending violations and requested more meetings before council. Vote: 3-1 (Kate opposed). Motion carried.
Item 5: Proposed Amendments to Council Policies for Community Planning Groups (Action)
- Presented by Kathleen Ferrier (policy director for Councilmember Lukava). Goals: respect volunteers, increase representation, comply with city charter. Key changes: CPGs to take ownership of documents; need to post agendas and documents online (city will continue to post agendas); no attendance requirements to vote or run for seats; no fee waiver for CPG appeals (to avoid charter issues); term limits with a two-year gap before reappointment (can be waived if seats unfilled); encouraged renter seats; transition period until end of 2023.
- Councilmember Lukava made motion to approve. Councilmember Kate seconded. Councilmember Whitburn expressed hope for stronger language on renter representation but deferred to city attorney review before council. Councilmember Moreno requested staff support and annual review of $500 stipend, and dispersal of stipend upfront rather than reimbursement. Committee passed unanimously.
Item 6: Eviction Prevention Program (Informational)
- Presented by Deborah Fischelfalk (San Diego Housing Commission). $5 million program funded by CARES Act CDBG, operated by Legal Aid Society. Through April 2022: 207 individuals served directly, 238 household members; 19 public workshops; 4,100 referrals; 429 hotline calls; 37 awareness events. Demographic data: 56% at or below 30% AMI; 53% Black/African American/multiracial; 30% Hispanic; services in 15 languages. Outreach included door-to-door (191 doors knocked in one month), phone banking, social media. Program updated for FY23 to include additional services like deposit assistance, expert witness fees.
- Councilmember Moreno expressed support but urged increased door-to-door outreach (191 doors too low) and requested data by council district and breakdown of subcontractor activities. City committed to providing more data. No vote needed.
Key Outcomes
- Committee approved the Contractor Transparency Amendment (Item 4) in a 3-1 vote and directed the mayor's office to meet with stakeholders before city council consideration.
- Committee unanimously approved the Community Planning Group reforms (Item 5), including amendments to Council Policies 600-09 and 600-24 and Municipal Code. The package will proceed to full city council with additional discussion on renter representation and stipend disbursement.
- Received information on the Eviction Prevention Program (Item 6) with a request for increased outreach and more detailed reporting.
Meeting Transcript
Good afternoon. Until further notice, committee meeting will be conducted pursuant to the provision of California government code section 54953E, added by Assembly Bill 361, which allows the city to use teleconferencing and to provide the public an opportunity to address the city council via call-in option or an internet-based service option during a proclaimed state of emergency. While the public is allowed to attend the meeting in person, we encourage you to maintain six feet of social distance as well as follow California mask guidelines where masks are strongly recommended. In addition to being able to attend in person, this meeting is being televised and live streamed on the city's website, and the committee liaison will continue to make arrangements for the public to comment using the Zoom webinar platform. Additionally, members of the public who wish to provide testimony via call-in or an internet-based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony or before the virtual speaking queue is exhausted, whichever occurs first. This will allow for better meeting management between the two platforms and ensure that the council is able to manage and conduct city business. And we're going to start with the uh roll call. Vice Chair Locava. Present. Councilmember Whippern? Here. And Councilmember Kate? Here. And I'm Councilmember Vivian Moreno. Also attending the meeting is Chris Ackerman Avila with the mayor's office. Corey Newfer with the City Attorney's Office. Julian Cassie with the Independent Budget Analyst Office, and Kevin Smith, the land use and housing committee consultant. So if you're attending in person and wish to speak on any items, please complete a speaker slip located at the entrance of the chamber and place it in the box indicated at the speaker's lectern at the front of the room. Please do so in a timely manner to ensure the proper meeting management. Members of the public can join the webinar by computer, tablet, or smartphone by accessing the link which is listed online in the preamble language of the agenda on the city's webpage. To join the Zoom webinar by telephone, please call 1669-2545252. When prompted, input webinar ID 161-042-5337 pound. Members of the public who wish to provide testimony via call-in or internet-based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony or before the virtual speaking queue is exhausted, whichever occurs first. Please note that if you're watching via TV, uh City TV 24 or online, there may be a delay. So please participate via the audio of the phone and mute your TV or computer when it's your turn to speak. This is how you'll know that it is your turn to speak. If you are in person, please come up to the reserve seat at the front at the reserve seats at the front of the room when your name is called and be prepared to come up to the lectern in the order called. Now, if you've joined the webinar by computer tablet or smartphone, you will receive a pop-up notice to select to unmute your device. If you've called into the meeting by cell phone or landline, please uh press star six on your phone to unmute yourself. Uh we will review these instructions briefly again when the public comment period on an item is open. Obviously, please wait until the item you wish to speak to has been called before raising your hand to speak. If you do raise your hand during a non-comment period, um your hand will be lowered. And when you are announced as the next speaker, please unmute yourself and offer your comments. Also, don't forget mute the volume on your TV or computer before you give it you begin to speak. A quorum is now present, and we're going to take up the approval of the committee actions on April 21st, 2022. Mr. Smith, please proceed with public comment on this item. Thank you, Chair Moreno. The public comment period for this item is now open. If you are attending in person, please be sure to have your speaker slips submitted and come up to the reserve seats at the front of the room when your name is called and be prepared to come up to the lectern and the order called. Members of the public who wish to provide testimony via call-in or an internet based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony or before the virtual speaking queue is exhausted. Whichever occurs first. If you have already joined the Zoom webinar online or by phone, please raise your hand if you wish to speak. If you are watching on City TV or the live stream online and would like to call into the meeting to speak, please call 1 669-2545252 when prompted input webinar ID 161042-5337 pound. As a reminder, virtual speakers, please raise your hand to speak. You can do so by selecting the raise your hand button or input star nine if by phone. I will announce when it is your turn to speak. Unmute yourself by either selecting the unmute button or by inputting star six. Each speaker will have one minute. We have no in-person speakers, but we do have one speaker in the queue.
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