Public Safety and Livable Neighborhoods Committee Meeting - March 13, 2019

The Public Safety and Livable Neighborhoods (PSNLN) Committee of the San Diego City Council, chaired by Councilmember Monica Montgomery, met on March 13, 2019, to hear public comment, receive an overview of the City Attorney’s Criminal and Community Justice Division, and discuss two items related to recreation center funding and governance. The meeting featured extensive public testimony on police accountability, the chokehold ban, and the death of Aaliyah Jenkins, as well as deliberation on equity in recreation programming.

Public Comments & Testimony

• Jerry Hall (San Diego resident) urged the committee to remove two Confederate monuments from public parks (Horton Plaza Park and Mount Hope Cemetery), providing historical documentation.
• Unnamed speaker (Alpha Square resident) proposed creating a 10th council district focused on homelessness and a satellite city outside San Diego for shelter and services.
• Jim Varnador (City Heights resident) asked the committee to research why the Mid-City police division has strong community relations before making policy changes regarding the police department.
• Becky Johnson expressed opposition to marijuana outlets and consumption lounges, citing public safety risks and urging the committee to attend planning group meetings where such businesses are debated.
• Kate Yavendetti (Women Occupy San Diego, National Lawyers Guild) supported Chair Montgomery’s priority to place a charter amendment on the November 2020 ballot to convert the Community Review Board into an independent commission.
• Anita Turner called for a ban on the chokehold (carotid restraint) by police, noting that six seconds can cause permanent damage or death.
• Desiree Smith shared that her 15-year-old son was choked by police at school; she urged a ban on the technique.
• Yamish alleged discrepancies between hospital toxicology reports and the coroner’s report in a death case, arguing police misconduct.
• Alara Chilton (San Diego La Raza Lawyers Association) requested a complete ban on the carotid restraint, citing disproportionate use on people of color and the impossibility of applying it safely.
• Youssef Miller (Racial Justice Coalition) supported the “I Can’t Breathe” campaign and called for a ban on the chokehold, referencing deaths of Robert Branch, Eric Smith, and Aaliyah Jenkins.
• Aletha criticized two male committee members for inattentiveness, and questioned who oversees the police, naming Chris Michelle as a stealth figure.
• Tasha Williamson (Racial Justice Coalition) presented demands regarding Aaliyah Jenkins’ death: release unedited body camera footage, fire Officer Lawrence Durbin, create clear policies for medical assistance, and support Assemblymember Shirley Weber’s Aaliyah Jenkins Law. She warned of escalating protests.
• Darwin Fishman (Act of San Diego, Racial Justice Coalition) urged the committee to take bold action on chokehold bans and police oversight, noting that the police chief rejected previous reform proposals.
• Britney M. called for accountability of officers who are disrespectful and unprofessional, citing the Aaliyah Jenkins case.
• Kelly McCormick advocated for warning signs at marijuana outlets, citing health risks for pregnant women, children, and drivers, and pointing to data from states like Washington.
• Kayla Jenkins (Aaliyah’s mother) disputed the medical examiner’s report, stating her daughter’s cause of death was not fentanyl overdose but lack of oxygen due to police negligence. She demanded release of the video and justice.
• Vicky White (San Diego citizen) emphasized racial bias in policing and called for justice for Aaliyah Jenkins.

During the City Attorney’s presentation, about 20 minutes in, the public gallery began chanting “Say her name – Aaliyah Jenkins” and demanding answers. Chair Montgomery called a recess and met with the community for about 10 minutes. After resuming, the presentation continued. Several additional speakers, including Tasha Williamson and others, reiterated demands for the video release, officer firing, and an ordinance criminalizing denial of medical assistance by police.

Discussion Items

City Attorney’s Criminal and Community Justice Division Overview (Information Item)

• John Hemling (Assistant City Attorney) and Nicole Crosby (Chief Deputy City Attorney) presented the division’s vision, caseload statistics, and strategic priorities for 2019.
• The division handles approximately 20,000 case submissions per year, prosecuting over 15,000. Key priorities include: preventing predictable gun violence (via Gun Violence Restraining Orders), the Community Justice Initiative (diversion for low-level offenders), the SMART program (transitional housing for chronic offenders with drug addiction), the PLEADS pilot program (immediate diversion to services), victim services coordination, combatting elder abuse in independent living facilities, human sex trafficking enforcement, and environmental/marine protection.
• Public comment: Mr. McConnell criticized the SMART program’s small scale (20 beds) and lack of transparency, questioning the city’s overall approach to homelessness and criminal justice.
• Committee members asked for data on illegal dumping prosecutions, health and safety receiverships, and expansion of the SMART program. Councilmember Moreno noted the Palm Avenue motel failure and requested locations other than the non-viable coastal property. Chair Montgomery asked about the effects of guilty pleas in the Community Justice Initiative.

Approval of Fiscal Year 2020 Recreation Center Fund Budgets

• Herman Parker (Director of Parks and Recreation), Shelley Stoll, and Sarah Orazzo presented the budget request. The funds ($3.9M in 2018, projected $4.3-4.4M in FY20) are generated from class registrations and permit surcharges, collected at each recreation center.
• Councilmember Moreno highlighted stark inequity: Carmel Valley Recreation Center’s FY20 programming budget is $355,000, while the Robert Eger Center in District 8 has only $26,000. She requested a plan to improve equity.
• Vice Chair Bree provided context on the history of recreation councils, the transition to city control after embezzlement cases, and the formation of the Parks Foundation focused on equity.
• Councilmember Kate raised concerns about Prop 13 implications if funds are transferred between centers, and cautioned against pitting neighborhoods against each other. He suggested using the city budget to fund programs in underserved areas.
• Motion (Councilmember Moreno): Approve staff’s recommendation and have the department return to the committee within 90 days with a plan to improve funding equity. The motion was seconded by Vice Chair Bree and passed unanimously.

Amendment of Council Policy 700-42 (Recreation Advisory Groups)

• Staff presented the revised policy, developed by a working group from December 2017 to January 2019, replacing recreation councils with recreation advisory groups. Key provisions: groups must comply with the Brown Act, have minimum five members, adhere to bylaws, and provide input on budgets. Companion administrative guidelines were also presented.
• Councilmember Moreno proposed an amendment to add language under Article 3, Section 2: “The department will establish a plan to improve funding equity across all recreation center funds, and will prepare an annual progress report on recreation programming funding equity to be presented to the city council committee on public safety and livable neighborhoods.”
• The motion was seconded. The transcript ends before a vote is recorded; the committee appeared supportive but the final outcome is not captured in the record.

Key Outcomes

• Motion to approve FY2020 recreation center fund budgets passed unanimously, with a directive for the Parks and Recreation Department to return to PSNLN within 90 days with a plan for improving funding equity.
• Motion to amend Council Policy 700-42 with transparency and equity language was made and seconded; the official vote is not recorded in the transcript.
• The committee received the City Attorney’s presentation on the Criminal and Community Justice Division’s strategic priorities; no formal action was taken.
• Extensive public testimony highlighted community demands for police accountability, a ban on the carotid restraint, release of the Aaliyah Jenkins video, and an ordinance to criminalize denial of medical assistance by police.