Public Safety and Livable Neighborhoods Committee Meeting - February 6, 2019

The Public Safety and Livable Neighborhoods Committee of the San Diego City Council met on February 6, 2019, at 4:15 PM. The committee, chaired by Councilmember Montgomery, addressed two main agenda items: an ordinance to add marijuana and controlled substances to the existing social host ordinance, and the adoption of the 2019 committee work plan. Members present included Council President Pro Tem Barbara Bry, Councilmember Moreno, and Councilmember Kate.

Public Comments & Testimony

• Unagenda Public Comments (prior to agenda items):

  • Cornelius Bowser expressed concern about overpolicing of Black and Latino communities, citing trauma from pretext stops and racial profiling. He urged policy changes and referenced an SDSU report with unfulfilled recommendations.
  • Suzanne Morse raised the issue of a backlog of 2,008 untested rape kits, noting that previous funding was used to improve the crime lab rather than clear the backlog. She asked the committee to monitor progress and seek federal funds.
  • David Wilson discussed PTSD among police officers and veterans, emphasizing the need for mental health support and community police engagement.
  • Jonathan Freeman (Safe Walkways) objected that the committee no longer has purview over motorized scooter safety, which he said harms pedestrians and neighborhood livability.

• On Item 1 (Social Host Ordinance Expansion):

  • Joe Eberstein (county marijuana prevention initiative) expressed full support, calling the update an extra tool for law enforcement and timely given the opioid epidemic.
  • Terry Ann Skelly (San Diego resident) opposed the normalization of marijuana, criticizing the proliferation of marijuana production facilities and arguing that local supply chain claims are unverified.
  • Lisa Bridges (North City Prevention Coalition) strongly supported the ordinance, calling it a "no-brainer" to protect youth and hold adults accountable.
  • Robert Hall supported, citing research on adolescent brain development and the need to update regulations per Proposition 64.
  • Mary Baum (Central Region Prevention Coalition) supported, noting it helps parents set standards and reduces public safety risks.
  • Amy Zamudio expressed caution about equitable enforcement, fearing that the ordinance could disproportionately impact poorer communities and lead to parental incarceration.
  • Three additional speakers (Kelly McCormick, Kathleen Lippett, Peggy Walker) registered in favor; one (Amy Zamudio) registered with caution but not formal opposition.

• On Item 2 (Committee Work Plan):

  • Amanda Lee (ACLU of San Diego & Imperial Counties) supported the work plan, emphasizing police accountability and transparency, but cautioned that it must be backed by action.
  • John Brady (Voices of R City Choir) advocated for safe camping areas, limiting criminalization of homelessness, and noted that 1,507 unsheltered people were in jail at the time of the 2018 point-in-time count, costing an estimated $72 million annually.
  • Suzanne Morse (returning) urged trauma-informed training for officers, more female detectives in sex crimes, and addressing the rape kit backlog (only 6% of reported sexual assaults are prosecuted).
  • Janet Rogers (Safe Walkways) requested that the committee add enforcement of scooter parking violations and geofencing of dangerous roads to the work plan, citing ADA violations and a pending class-action lawsuit.
  • Michael McConnell supported the work plan and called for safe spaces for homeless individuals, referencing the success of the 20th and B site after the hepatitis A outbreak.
  • David Wilson (returning) stressed the importance of building trust between community and police, particularly for victims of domestic violence.
  • Yusuf Miller (Racial Justice Coalition & CAIR) supported law enforcement accountability, citing systemic issues and the deaths of Alfred Olango, Earl McNeil, and Aaliyah Jenkins. He called for transparent investigations.
  • Mary Baum (returning) urged continued focus on marijuana advertising and unpermitted dispensaries, providing a screenshot showing over 30 illegal dispensaries advertising online.
  • Tasha Williamson demanded police accountability, citing the case of Jonathan Felix, officers drinking while armed, and the sealed medical examiner report for Aaliyah Jenkins.
  • Mark Chicom (opposition to work plan inclusion of scooters? Actually spoke on scooter dangers) described witnessing a scooter crash and emergency response failures, and urged enforcement of parking laws.

Discussion Items

• Item 1: Ordinance to Add Marijuana and Controlled Substances to the Social Host Ordinance

  • Assistant Chief Al Guadarama and Lieutenant Matt Novak (SDPD) presented the proposal, which would add marijuana and controlled substances (including fentanyl and synthetic drugs) to the existing 2003 social host ordinance. The ordinance would require hosts of gatherings to take reasonable steps to prevent minors from consuming these substances, with penalties up to $1,000 or six months in jail. Enforcement would be complaint-driven. Lieutenant Novak noted that the current alcohol ordinance has been used 153 times over 10 years, mostly around San Diego State. Councilmember Moreno made a motion to send the item to full council, which was seconded by Councilmember Kate. Chair Montgomery asked about equitable enforcement, and Lieutenant Novak responded that enforcement is complaint-driven and focused on protecting minors. The motion passed unanimously.

• Item 2: Committee Work Plan for 2019

  • Chair Montgomery presented the work plan, emphasizing community-oriented policing, police accountability, and addressing disparities in underserved communities. Councilmembers shared their priorities:
    • Councilmember Moreno supported de-escalation training and better use of CDBG funds for housing and jobs.
    • Council President Pro Tem Bry highlighted recruiting diverse officers, affordable housing for police, and expanding community policing and neighborhood watch.
    • Councilmember Kate raised issues of library fines blocking low-income patrons (57% at Logan Heights, 54% at Malcolm X blocked), advertising of unpermitted cannabis dispensaries, and sex trafficking related to massage parlors.
  • Public speakers largely supported the work plan, with specific requests to include scooter enforcement, safe homeless camping, and police accountability measures. The motion to approve the work plan was made by Council President Pro Tem Bry, seconded by Councilmember Kate, and passed unanimously.

Key Outcomes

• Item 1 passed unanimously: The committee voted 4-0 to forward the ordinance adding marijuana and controlled substances to the social host ordinance to the full City Council for consideration.
• Item 2 passed unanimously: The committee adopted the 2019 work plan, which includes goals such as developing community-oriented policing policies, addressing racial disparities, improving first responder support, and exploring issues like library fines and cannabis advertising.