Land Use and Housing Committee Meeting – October 19, 2023
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Land Use and Housing Committee Meeting – October 19, 2023
The Land Use and Housing Committee met on October 19, 2023, at 9:00 AM. Chair Vivian Moreno presided, with Vice Chair Joe LaCava, Councilmembers Whitburn, Lee, and staff present. The committee approved previous meeting actions, heard non-agenda public comments, and considered consent and discussion items related to real estate policies, surplus land declarations, homelessness response funding, and informational updates.
Consent Calendar
- Item 1 – Extension of MOU for Nicano Property Annexation/Development: Approved unanimously without comment or removal.
Public Comments & Testimony
Non‑Agenda Public Comments (multiple speakers):
- Perita Javier and Cesar Javier: Appealed for amendment of City Municipal Code Section 11 to end exemption for ceramic kilns in residential zones, citing health hazards from toxic emissions.
- Joaquin Medina, Alina Jafar, Nancy Rank Medina: Described illegal evictions and demolition without permits at 2282 West Dunlap Street in Linda Vista; requested a cease and desist letter and enforcement of tenants’ rights.
- Joyce Anyatta (District 3): Announced a public survey and workshop for the 2025-2029 Consolidated Plan; also expressed support for homelessness outreach.
- Dan Schmikowski: Suggested using Brown Field for a homeless city and later as a general aviation airport; referenced Lindavista eviction issue.
- Terry Ann Skelly: Supported the city’s flavored tobacco ban; warned about high‑potency marijuana concentrates (dabs) harming youth.
- Blair Beekman: Urged more public review time for the Smart Streetlight contract and PAB recommendations, advocating a delay in final approval.
- Becky Rapp: Noted Governor Newsom’s veto of psychedelic legalization; linked drug tolerance to homelessness; encouraged stricter billboard regulations.
- Judy Strang: Thanked the city for tobacco enforcement; suggested a cap on tobacco retail licenses.
Public Comments on Agenda Items:
- Item 2 (Policy Revisions): Joyce Anyatta supported the draft policies. Ansarmio Estrada and Christian Cadillo (San Diego & Imperial Counties Labor Council) opposed the policy’s perceived preference for selling over leasing, urging inclusion of labor assurances and an analysis of lost public benefits.
- Item 3 (Surplus Land – 1409 Imperial Ave): Lori Saldania and “the original” urged retaining the building for emergency shelter rather than declaring it surplus for affordable housing, citing winter weather and limited shelter space.
- Item 4 (NAMI Amendment): Joyce Anyatta and Lori Saldania supported the amendment; Levi Giafalioni and John Brady (Lived Experience Advisors) praised NAMI’s trauma‑informed approach and noted the housing crisis driving homelessness.
- Item 5 (Community Action Plan Update): Multiple speakers (Lori Saldania, “the original”, John Stump, Levi, John Brady) called for deeper focus on the housing crisis, prevention, and criticized high per‑unit costs and representation of utility corporations on the leadership council.
- Item 6 (Eviction Protection): Lori Saldania questioned attention to displacement from short‑term rentals; “the original” criticized limited reach; John Stump questioned program scope and cost effectiveness.
Discussion Items
Item 2 – Proposed Revisions to Council Policies 700‑10, 700‑12, and 700‑32 Penny Moss (Director of Real Estate and Airport Management) presented updates to three long‑outdated policies, developed over 18 months with the City Attorney, Mayor’s Office, IBA, and Auditor. Key changes include: strengthened acquisition due diligence (checklist), updated surplus land act provisions, appraisal validity extended to 12 months, and improved transparency and conflict‑of‑interest disclosures. The City Auditor and IBA endorsed the alignment with audit recommendations. Councilmember LaCava moved to delay action on 700‑10 and 700‑12 and bring them back as an action item after further review (including potential split of 700‑10). Councilmember Whitburn moved to advance 700‑32 immediately. After debate, the committee approved a substitute motion: approve 700‑32 (acquisitions policy) as recommended; and request Dream to work with Council District 1 and committee consultant on 700‑10 and 700‑12, with the IBA providing analysis, and bring those draft policies back for action. The motion passed unanimously.
Item 3 – Declare 1409 Imperial Avenue Surplus Land Staff recommended declaring the former indoor skydiving facility (current Homeless Response Center) as surplus land and issuing a Notice of Availability for affordable housing development. The property was purchased in 2018 with CDBG funds; the five‑year use restriction expires December 2025. Councilmember Whitburn asked the Mayor’s Office to instead issue an RFP for 100% affordable housing (80% AMI or below) before proceeding with surplus declaration. The Mayor’s Office agreed. No formal motion was made; the committee expressed consensus to pursue the RFP approach. The item will return when a developer is selected.
Item 4 – Third Amendment to NAMI San Diego Agreement (Alliance Program) Sarah Jarman (Homelessness Strategies and Solutions) requested approval of $1,561,590 in additional Encampment Resolution Funding (ERF2L) for NAMI to provide supportive services and housing subsidies to individuals already engaged through street outreach (part of the East Street Encampment Project). As of September 2023, NAMI had a by‑name list of 76 individuals, with 13 housed, 9 in transitional living, etc. The amendment increases the total contract to $2,896,914 and extends through June 30, 2025. Motion to approve by Councilmember Whitburn, seconded by Vice Chair LaCava; passed unanimously.
Item 5 – Informational: Community Action Plan on Homelessness Update Lisa Jones (SDHC), Sarah Jarman, and Liz Drappa (CSH) presented updated needs and financial modeling. Key data: city has doubled crisis response/housing options since 2019, but homelessness increased by ~1,500 persons on any given day. Modeling estimates need for ~11,000 permanent housing units for individuals, and annual new funding of $280 million (total $1.9B over six years) plus $1.4B in capital costs for supportive housing. Prevention and diversion are emphasized. IBA noted the fiscal challenge. Committee members thanked staff and highlighted progress while acknowledging the scale of resources needed. No action required.
Item 6 – Informational: Eviction Protection Program Update George Williams (SDHC) and Joanne Franciscus (Legal Aid Society) reported on the program, funded with $5M (later $3M). Key outcomes (Dec 2021 – June 2023): served 1,723 unduplicated clients with full or limited legal services; provided 33,961 referrals; conducted 123 public workshops; helped 1,601 self‑represented litigants with court forms; outreach to over 55,000 tenants. Demographics: majority extremely low income (0‑30% AMI), 67% non‑Hispanic, 41% Black/African American among non‑Hispanic. Services available in 15 languages. The program continues with FY2024 funding. Committee members noted importance of prevention and requested district‑level data. No action required.
Key Outcomes
- Item 1: Consent item approved unanimously.
- Item 2: Council Policy 700‑32 approved; policies 700‑10 and 700‑12 to be returned for action after further review and IBA analysis; motion passed unanimously.
- Item 3: Mayor’s Office agreed to issue an RFP for 100% affordable housing at 1409 Imperial Ave; no formal vote but consensus.
- Item 4: Third amendment with NAMI San Diego approved unanimously.
- Item 5 & 6: Informational updates received; no action taken.
- Next meeting scheduled for Thursday, November 16, 2023, at 1:00 PM.
Meeting Transcript
Good afternoon and welcome to the land use and housing committee meeting of October 19th, 2023. Our committee liaison, Natalie Kessler, will go over instructions for today's meeting. Thank you, Chair Moreno. 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 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 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. Natalie, please call the roll. Vice Chair Lakava. Present. Councilmember Whitburn? Sure. Councilmember Lee. Here. And Chair, Councilmember Moreno. I am here. Um also attending the meeting, Chris Ackermann Avila with the office, uh, with the mayor's office. Uh, Courtney Newfer from the City Attorney's Office, uh, Ray Sheen Chen with the independent budget analyst office, and Natalie Kessler, our 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 lectern 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 1669-2545252. Webinar ID 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, and 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 T 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 the item to be called and then raise your hand to speak by tapping the raise your hand icon, or if you're a call in participant, please press star nine on your cell phone. If you raise your hand during a non-comment period, your hand will be lowered. Chair. Thank you, Natalie, for reviewing those instructions for the benefit of the public. And now a quorum is now present. So we will now dispense with the approval of the committee actions of September 21st, 2023. Natalie, please proceed. The public comment period for the committee actions is now open. And Chair, we have not received any speaker slips for speakers in chambers, nor do we have any hands raised in the virtual queue for the past committee actions. So that will conclude public comment on this item. Thank you. We will now vote on the approval of the committee actions of September 21st, 2023. I'm sorry, I didn't see if I may have a second. Okay, Councilmember Lee, thank you. So I have a motion. Uh there's a motion by myself and a second by Councilmember Lee, and let's now vote. Wonderful. And the motion passes unanimously. Uh and now we will take up non-agenda public comment.
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