Land Use and Housing Committee Meeting Summary - June 15, 2023
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Land Use and Housing Committee Meeting - June 15, 2023
The Land Use and Housing Committee met on Thursday, June 15, 2023, beginning at approximately 9:00 AM (though the transcript opens with "Good afternoon," indicating a possible discrepancy between the scheduled start time and the actual start of the recorded public session). The committee addressed a consent agenda, several discussion items related to homelessness services and housing, and received an informational update from the Development Services Department. All votes were unanimous.
Consent Calendar
- Item 1: Accepted a 43-acre land donation from Tri-Point Homes Inc. in the East Elliott area for open space preservation and addition to the Multiple Species Conservation Program. Passed unanimously.
- Item 2: Declared 0.517 acres of city-owned property at Town Center Drive as exempt surplus land and authorized its sale to BRE BMR Town Center Science Park LLC, a Biomed subsidiary. Councilmember Lee noted Biomed's role as a job creator in the life sciences sector. Passed unanimously.
Public Comments & Testimony
On Past Committee Actions (April 13, 2023):
- Lori Saldania (former state assemblymember) criticized the committee's failure to act on an ordinance, stating it was the "worst possible action" and that inaction was causing deaths and promoting "state-sponsored violence" through sweeps. She urged the committee to take tough votes.
Non-Agenda Public Comment:
- Caesar described a 40-year home occupation ceramics business in a residential zone, alleging toxic emissions and violations of state laws, and pleaded for enforcement.
- Tracy D'Zenzo requested modifications to the Short-Term Vacation Rental (STVR) ordinance, citing a property owner who evicted families from 114 affordable units to convert them to STVRs, exploiting a host loophole. She urged limiting licenses per complex and capping permits per planning area.
- Joy Sanyata (District 3) advocated for collaboration among agencies, citing Houston's success with a centralized database and shared goals, and urged the city to improve inter-agency cooperation.
- Lori Saldania accused Mayor Todd Gloria of campaign law violations, unethical behavior, and consolidating power, comparing him to former Mayor Kevin Faulconer.
- Diane Grace suggested prohibiting marijuana advertising to reduce drug use normalization among youth.
- Katrina Priest, a middle school teacher, highlighted the link between youth marijuana use and mental health problems, inviting the committee to hear from local pediatricians.
- Martha Sullivan (San Diego Housing Emergency Alliance) asked the committee to compare the new survival camping ban with the city's 2019 Community Action Plan on Homelessness, noting potential conflicts.
- Kelly McCormick, a public health educator, opposed increasing marijuana retail stores, citing studies that youth are influenced by advertising and normalization, leading to addiction and homelessness.
- Terry Ann Skelly expressed concern about doubling marijuana storefronts and reducing distances from sensitive uses, urging a focus on youth mentoring and safer neighborhoods.
- Judy String reported on a webinar about marijuana and mental health, noting that 50% of mental health problems are established by age 14, and urged caution on expanding marijuana businesses.
- Shelby, a public health researcher, supported the cannabis code amendments, citing equitable access for medical patients and noting that legalization does not increase youth use according to NIH and DEA.
On Item 3 (MOU with Housing Commission):
- Joy Sanyata expressed confusion about the master MOU, fearing it might reduce transparency.
- Lori Saldania criticized the "homelessness industrial complex" and warned that federal funds (HUD) might be lost due to the encampment ordinance.
- Michael McConnell supported streamlining but noted lack of coordination between city, housing commission, county, and organizations, and criticized the encampment ban.
- Martha Sullivan reiterated that the MOU cannot support the Community Action Plan due to the conflicting encampment ordinance.
On Item 4 (PATH Contract):
- Joy Sanyata supported PATH but questioned the referral requirement.
- Lori Saldania praised PATH but said the encampment ban makes their work harder.
- Michael McConnell supported PATH but noted that the encampment ban will displace elderly women and others who cannot access shelter.
- Roger Sullivan (San Diego Housing Emergency Alliance) asked about FTEs and whether the funding reflects the new ordinance's outreach-first implementation plan.
On Item 5 (Golden Hall Emergency Contract):
- Joy Sanyata approved but expressed concern about shelter instability.
- Lori Saldania criticized hostile architecture (removal of benches near City Hall) and urged the city to provide humane public spaces.
- Monica Ball requested an IBA scan of other California communities' practices for placing emergency sleeping cabins on church land using Appendix P.
On Item 6 (Development Services Report):
- Lori Saldania warned that rapid growth without adequate infrastructure leads to system collapse, and called for more restrooms and parks.
- Danny Abacia asked about educational outreach for permitting and how many developers pay in-lieu fees instead of building affordable housing.
- Katrina Priest urged the committee not to rush the cannabis social equity program, noting planning groups had only six days to comment.
- Nancy Lubin expressed concern that increasing marijuana normalization will lead to more impaired driving.
- Becky Rapp asked if the council intended the cannabis division to take such radical measures (36 new shops, eliminating sensitive use restrictions) and requested a health impact study.
- Francine Maxwell asked the department to hold more Zoom sessions to educate communities, especially in underserved areas.
- Judy Strang concurred that the cannabis proposal is rushed and needs more community input, and noted law enforcement is already stretched.
Discussion Items
Item 3: MOU between City and San Diego Housing Commission for Homelessness Services Director Sarah Jarman presented a master MOU to consolidate five existing agreements, effective July 1, 2023, with three one-year renewal options. The Housing Commission will administer programs, and the city will maintain oversight. Discussion focused on Section 2.2, which allows the mayor and Housing Commission CEO to amend the MOU without council approval for new programs already funded by the council. Chair Moreno expressed discomfort, citing past transparency issues. After debate, the committee adopted an amendment (by Vice Chair Lakava, seconded by Lee) to require written notification to the city council and housing authority for: (A) relocation of any shelter, (B) defunding of any existing program, service, or facility, and (C) removal of the requirement for council approval on contracts over $250,000 (which was already covered by existing processes). Notification timelines were left to be defined, with an emergency carve-out. The motion passed unanimously.
Item 4: Second Amendment to Contract with PATH San Diego for Coordinated Street Outreach Deputy Director James Carter requested $3,125,000 for FY2024 (approx. $1.5M general fund, $1.625M state grants). Metrics showed 2,500 individuals served by case management, 200+ placed in permanent housing, and 200+ placed in shelter/nursing homes. Councilmember Lee discussed the relationship between Get It Done reports and outreach, noting that encampment reports go to neighborhood policing first. Vice Chair Lakava praised the 20% positive outcome rate. Chair Moreno requested quarterly updates on outreach numbers. The item passed unanimously.
Item 5: Ratification of Emergency Contract for Temporary Shelter Relocation (Golden Hall) Assistant Deputy Director Sarah Ferry reported that after a November 2022 water leak, 127 individuals were temporarily moved to Motel 6. The contract with HIG Downtown Investments LLC for $151,000 was ratified. Councilmember Lee asked about remaining repairs; staff noted only wear-and-tear repairs will be made due to the planned move-out. The item passed unanimously.
Item 6: Informational Report on Development Services Department Operations Director Elise Lowe presented an overview of the department's nine divisions, 746 budgeted positions, and progress on digital permitting. Key metrics: 56% of permits issued within 7 days; average first review cycle time reduced from 31 days (January) to 22 days (May); 3,780 virtual appointments with only 5% no-shows; 131 new hires in the fiscal year; 74 vacancies (5% vacancy rate). The department is using temporary contractors (NV5, Inner West) to address backlogs, particularly in structural engineering. The chief building official is launching no-plan permits for door/window replacements, kitchen/bath, and multifamily, and a professional certification program for office tenant improvements. The Urban Division reported 3,662 residential units under review downtown and 3,169 under construction, with six parks in development. The mayor's executive order on 100% affordable housing has expedited 10 projects (1,069 units) with an average 9-day turnaround. Code enforcement (renamed "BLUE") has 7,400 active cases, with a focus on substandard housing (1,355 cases). No action was taken on this informational item.
Key Outcomes
- Consent Agenda (Items 1 & 2): Approved unanimously.
- Item 3 (MOU): Approved unanimously with an amendment requiring notification to the city council and housing authority for shelter relocation and defunding of programs. The city attorney and staff were directed to develop specific notification timelines and an emergency carve-out before the item goes to full council.
- Item 4 (PATH Contract): Approved unanimously. Chair Moreno requested an update on outreach numbers in November 2023.
- Item 5 (Golden Hall Emergency Contract): Ratified unanimously.
- Item 6 (DSD Report): Received as informational; no vote taken. The committee requested continued updates on permit processing, affordable housing expediting, and code enforcement outreach.
Meeting Transcript
Good afternoon and welcome to the land use and housing committee meeting of June 15th, 2023. Our committee liaison, Natalie Kessler will go over instructions for today's meeting. Thank you, Chair. While members of the public are able to attend the meetings in person, this meeting is being televised and live streamed on the city's website, and the city, the council administration will continue to make arrangements for the public to comment using the Zoom webinar platform. Members of the public who wish to provide virtual testimony must enter the virtual queue by raising their hand before the virtual queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever occurs first. This will allow for better meeting management between the two platforms and ensure the committee is able to manage and conduct city business. We appreciate the public's cooperation. Chair. I will I will now call the land use and housing committee meeting of Thursday, June 15th, 2023 to order. Natalie, please call the roll. Vice Chair Lakava. Present. Councilmember Whitburn? Sure. Councilmember Lee. Here. And Chair, Councilmember Moreno. Present. Also attending the meeting today is Chris Ackerman Avila with the mayor's office. Corney Newfer for the City Attorney's Office. We also have Amy Lee and Miss Ray Sheen Chen with the Independent Budget Analysts Office and Natalie Kessler, Committee Liaison. Natalie, please continue with public comment instructions. If you are in person, please complete a speaker slip located at the entrance of chambers and place it on top of the box indicated at the speaker's lecture and at the front of the room. Please do so in a timely manner to ensure proper meeting management. In-person testimony will conclude before virtual testimony begins. Members of the public can also 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. If you need to participate by telephone, you may dial 1669-254-5252. Webinar ID is 160-268-1157 pound. This information is also available on the agenda and will appear on the screen during the public comment period for each agenda item. Members of the public who wish to provide virtual testimony must enter the virtual queue by raising their hand before the queue closes. The queue will close when the last virtual speaker finishes speaking or five minutes after in-person testimony ends, whichever occurs first. Please note that if you're watching via City TV 24 or online, there may be a delay. Please participate via the audio on your phone and mute your TV or computer when it is your turn to speak. If you wish to speak on a particular item, wait for that item to be called and then raise your hand to speak by tapping the raise your hand icon, or if you are a call-in participant, please press star nine on your cell phone or landline. If you raise your hand during a non-comment period, your hand will be lowered. Chair. Thank you, Natalie, uh, for reviewing those instructions for the benefit of the public. A quorum is now present, so we will dispense with the approval of the committee action. Uh actions of April 13th, 2023. Natalie, please proceed. The public comment period for the committee actions is now open. Um and Chair, we do have one speaker who has submitted a speaker slip in chambers to provide comment on the past committee actions. Laura Lori Saldania, if you could please come up to the lectern and you'll have a two minutes. Thank you. It was two months ago that this committee passed on an ordinance without a recommendation. And I want to say respectfully, as someone who chaired the state assembly housing committee, that was the worst possible action you could do under something with such consequential outcomes. At that time during the hearing, I was sitting in the room observing. You are killing people. You are basically promoting state-sponsored violence through this ordinance.
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