San Diego Public Safety and Livable Neighborhoods Committee Meeting – April 17, 2019

The Public Safety and Livable Neighborhoods (PSLN) Committee of the San Diego City Council met on April 17, 2019, chaired by Councilmember Montgomery. Other committee members present included Councilmembers Kate, Moreno, and Vice Chair Bree. The meeting approved previous committee actions, heard extensive non-agenda public comment, and then took up three major agenda items: the FY2020–FY2024 HUD Consolidated Plan and FY2020 allocations, a proposed Vehicle Habitation Ordinance, and a biannual update from the Commission on Gang Prevention and Intervention. Two routine contract items were approved without discussion. The vehicle habitation ordinance was forwarded to full council with no recommendation by a 3–1 vote, while the HUD plan passed 3–1. Due to high public interest, the meeting used an overflow room and testimony was time-limited.

Consent Calendar

• Approved the committee actions of March 13, 2019, unanimously.
• Item 2 (contract amendment with Intergraph Corporation, now Hexagon Safety & Infrastructure) was approved unanimously without discussion.
• Item 3 was approved unanimously without discussion.

Public Comments & Testimony

Non-Agenda Public Comment

• Scott Chipman suggested scheduling city meetings to avoid conflicts with naturalization events on the third Wednesday of each month, or noting those events on agendas so attendees can plan transit.
• Martha Welch complained about the condition of fire stations (lack of showers/sleeping areas), closed police stations, and missing bonds to fund infrastructure; she asserted the newest fire station is privately funded, not city-built.
• Francine Maxwell (District 4 resident) argued the police department should not write its own policies/procedures for Smart Lights; she demanded community input now, not after the fact. She noted that Smart Lights helped solve a murder in Skyline but criticized ShotSpotter reporting.
• John Kitchen (publisher of San Diego Homeless News) attempted to comment on vehicle habitation but was redirected to the later agenda item; he stated he was neither for nor against the proposal and wanted either a better ordinance or no ordinance.
• Catherine Rhodes urged the council to place alternative revenue measures on the ballot, including reclassifying online travel agencies as hotel operators to capture full TOT and TMD taxes. She claimed the city is losing “hundreds of millions of dollars.”
• Jerry Hall supported Francine Maxwell’s position on police policy, and asked for more current police and fire rescue data on the city’s open data portal; he noted police calls-for-service data were from August 2017 and fire data only by zip code.
• Beryl Flom (League of Women Voters of San Diego) expressed concern about the city’s ambulance contract, which expires in July 2020, and urged that it be put out for bid.
• Suzanne Morris urged the committee to request an update from SDPD on the backlog of untested rape kits, stating that April is Sexual Assault Awareness Month and mentioning “2,800” kits.
• Becky Johnson (mother of six, small business owner) opposed allowing marijuana businesses to displace local small businesses in low-income neighborhoods, saying such businesses are often funded by out-of-state interests.
• Terry Ann Skelly asked for a permitted cannabis testing facility in San Diego, citing contamination of marijuana products with heavy metals and pesticides, including a January investigation by an NBC affiliate.
• Colleen Kuzak criticized the Citizens Review Board (CRB) as not independent, noting police canceled a speech titled “Do Cops Lie” and that body-worn camera evidence should be provided to infraction defendants without request.
• William Perno (Central Region Prevention Coalition) requested reasonable regulations for city-permitted marijuana businesses, pointing to black-market competition, vehicle cannabis consumption lounges, and the upcoming Baked Festival at North Barker Dell Park.

Public Testimony on Item 1 (HUD Consolidated Plan)

• Francine Maxwell opposed, citing the A-250 report and claiming outreach targeted certain groups; she asked council to review sign-in sheets from community meetings.
• Catherine Rhodes supported the plan, noting that CDBG program income can now be used for homeless and affordable housing, and suggested the city could recover additional money from accumulated interest.
• Paul Cleary (Grid Alternatives) supported the item, citing 450 no-cost solar installations and job placement for 50+ individuals.
• Ken Marlborough (outgoing chair of the Consolidated Plan Advisory Board) supported the plan and allocations, thanking staff and volunteers.
• Elizabeth Schott (ACCION) supported, emphasizing microlending to low-to-moderate income small businesses.
• Carla Holland (Small Business Development Center) supported, citing 162 new business starts, $38 million in access to capital, and 785 jobs created in 2018.
• Sonia Diaz (Kitchens for Good) supported, citing a 90% employment rate for program graduates.
• Kim Heinley (Bayside Community Center) supported, noting the center’s 90-year history and trilingual staff.
• Eric Tilkemeyer (City Heights Community Development Corporation) shared a success story of a client who served 65 clients in his first tax season.
• Carla Camacho (Ocean Discovery Institute) supported, noting she was a former student and now a homeowner.
• Brendan Stevie (LISC) supported, saying the plan would support 125 small businesses and leverage $2 million in grant capital.
• Jesse Stein (Voices for Children) supported, saying the investment would serve 125 foster youth.
• Ricardo Flores (LISC San Diego) supported, advocating for the small business improvement program and a neighborhood catalyst fund.

Public Testimony on Item 4 (Vehicle Habitation Ordinance)

Numerous members of the public testified, with one-minute limits. Supporters mostly came from beach communities.

• Scott Chipman (Save Pacific Beach) supported the ordinance, saying it should eliminate street living in cars and campers, and supported safe parking with transition services.
• Brian White (Pacific Beach Town Council) supported, citing unsanitary conditions and the need for enforcement plus safe lots.
• Carol Otterstad (Point Loma) supported but questioned the hours and stressed enforcement.
• Steve Pruitt (Pacific Beach Planning Group) supported and recommended the city pursue safe parking facilities, possibly piloting in Pacific Beach.
• Stephen Richter (Ocean Beach) supported, citing quality-of-life issues and mobility of van lifers.
• Rachel Allen (Pacific Beach) supported, saying she represented hundreds of community members who want designated safe parking and enforcement.
• Mia Jones (La Jolla) supported, emphasizing sanitary concerns and the “silent majority.”
• Ryoko D'Onors (Pacific Beach) supported, citing accessibility, security, sanitation, and out-of-state vehicles.
• Beth Roach supported, citing health, environmental, and economic concerns.
• Andrea Schlageter (Ocean Beach Planning Board) supported, urging that Dreams for Change be considered for safe parking expansion.
• Craig Klein (OB Planning Board) supported, saying street camping harms neighborhoods.
• Denny Knox (OB Main Street Association) supported, describing negative impacts on merchants.
• Marla Phelps (homeless advocate) supported, after visiting safe parking lots.

Opponents argued the ordinance criminalizes homelessness and lacks sufficient alternatives.

• Colleen Kuzak gave an organized presentation with videos, arguing San Diego has the fourth largest homeless population, that most became homeless locally, and that the ordinance is unconstitutional under Martin v. Boise. She cited statistics: 14% veterans, 26% female, 9% families, 12% youth.
• Francine Maxwell asked the committee to send the ordinance back to staff, saying it was not what “the finest city in America” should be about.
• Wendy Gollinter (Pacific Beach Democratic Club) said the club unanimously passed a resolution opposing criminalization of homelessness and needing a comprehensive approach.
• Larry Stoll proposed an amendment creating a homeless vehicle habitation citation with no penalty, directing people to services.
• Michael McConnell called for sending the ordinance back for more data and consultation.
• Catherine Rhodes called it “blatant bigotry” against unhoused people.
• Reverend Sherry Mathier (Interfaith Worker Justice) spoke about Jesus as homeless and opposed criminalizing poverty.
• Emily Howe (Think Dignity) opposed, saying the language is “far worse” and would create more harm.
• Ellis Rose (Regional Task Force on Homelessness) opposed, noting lived experience and the failure to include homeless people in decision-making.
• Valerie Grishi (RV resident) opposed, saying RV dwellers are scapegoats and need parking permits and designated lots.
• Michelle Woodson (Think Dignity attorney) opposed, arguing criminalization perpetuates poverty and wastes resources.
• Teresa Smith (Dreams for Change) opposed, saying the ordinance's definition of habitation is overbroad and based on reaction, not research.
• Corinne Angel (poet) opposed, reading a poem about youth homelessness.
• Christina Ennis (self-described van lifer) opposed, saying many live in vehicles out of necessity and can’t pay citations.
• Ryan Donchev opposed, saying the ordinance would punish all for the actions of a few.
• Mary Lou Finley opposed, calling the ordinance “criminalizing poor people.”
• Terry Best opposed, saying police should focus on violent crime, not homelessness.
• Rafael Bautista (San Diego Tenants Union) opposed, arguing capitalism creates the crisis and rent control is needed.
• Drew Hooks (Socialist Alternative) opposed, urging unity for housing.
• Ally Mitchell (currently living in vehicle) opposed.
• Susan DeVore opposed, saying public bathrooms are inadequate.

Public Testimony on Item 5 (Gang Commission Update)

• Jamie Wilson argued gang injunctions are traumatizing, unconstitutional, and aggravate gang involvement.
• Aramik Glass Blake supported Pastor Sandoval and urged deeper community engagement, not just easy cases.
• Amy Zamudio raised concerns about gang documentation harming young men of color, noting that La Jolla youth get more privilege.

Discussion Items

Item 1: FY2020–FY2024 Consolidated Plan and FY2020 HUD Allocations

Staff from the Economic Development Department (Christina Bibler, Stephen Medulli Williams, and others) presented the plan. Highlights included:

• A nine-month outreach process with 8 community forums and 8 stakeholder meetings, involving over 300 participants.
• Top community priorities: affordable housing, economic development, and homelessness; top five specific priorities included affordable housing availability, youth services, centralized homelessness resources, small business capital access, and improved sidewalks/street lighting.
• Proposed funding: CDBG ≈ $11.8 million, ESG ≈ $1 million, HOPWA ≈ $4.1 million; total entitlement for all four programs ≈ $22 million.
• About $18.5 million would be allocated through a competitive process.
• $12 million would support affordable housing: $10 million into the existing Housing Commission revolving loan fund and $2 million into a transit-oriented development (TOD) fund with LISC.
• Recommended changes to Council Policy 700-02 included streamlining subrecipient timelines and changing the homelessness set-aside from a fixed $1.3 million to 25% of public services funding beginning FY2021.

Councilmember Moreno opposed, noting that only $2.2 million of the $31.4 million in extra CDBG program income was directed to affordable housing, and that a memo sent February 1 received no response until the day before the meeting. Councilmember Kate supported, explaining the history of past CDBG mismanagement and the need for a competitive, transparent process. Vice Chair Bree supported but stressed the need to engage district offices and improve outreach. The motion to approve and forward to council passed 3–1, with Moreno dissenting.

Item 4: Vehicle Habitation Ordinance

Deputy Chief Operating Officer Robert Vockey presented the ordinance. It would prohibit vehicle habitation at any time within 500 feet of residences and K-12 schools, and between 6 p.m. and 6 a.m. everywhere else. Evidence of habitation would include sleeping, bathing, meal preparation, stored bedding/cookware, obscured windows, and trash or waste near the vehicle. Staff noted the previous 1983 ordinance was struck down in August 2018, and the city repealed it in March 2019.

Councilmember Moreno moved to forward the ordinance to full council with no recommendation, expressing concern about overconcentration of homeless services in District 8 and asking the mayor’s office to commit to not opening additional safe parking facilities in districts that already have them; staff said they were not currently looking to open new lots. Councilmember Kate asked about enforcement; police stated they would use a progressive approach (warning, education, citation, arrest on fourth offense) and consider totality of circumstances. Vice Chair Bree questioned the lack of data on the number of people living in vehicles and safe parking capacity (120 spaces existing; new lot 80–220 vehicles) and criticized ticketing as a vicious cycle. Chair Montgomery opposed, citing multiple concerns and noting the ordinance was written from a privileged perspective. The motion passed 3–1, with Montgomery voting no.

Item 5: Commission on Gang Prevention and Intervention Biannual Update

Pastor Sandoval, executive director, and Dr. Rodney Hood presented the update. The commission is the official advisory body on gang prevention and intervention. They discussed an April 13 retreat, an upcoming Community Mentor Summit (Oct. 16–17), a mobile response app, and four new mentor satellite programs funded with $125,000 in state funds. Dr. Hood reported the city’s crime index fell from 3,100 in 2012 to 2,662, documented gang members dropped from 4,100 in 2004 to approximately 3,000 as of March 2018, and 332 gang injunctions were removed after DA review. The item was informational only; no action was taken.

Key Outcomes

• HUD Consolidated Plan: Approved by the committee in a 3–1 vote and forwarded to City Council for consideration on April 23, 2019.
• Vehicle Habitation Ordinance: Forwarded to City Council with no committee recommendation by a 3–1 vote. Councilmember Moreno’s motion carried, with Montgomery dissenting.
• Items 2 and 3: Approved unanimously without discussion.
• Gang Commission Update: Received as an information item; no formal action taken.
• Agenda server issue: The chair noted the online agenda was temporarily unavailable but later restored. -O-TH, 2019, at 5:00 PM UTC; the meeting was held in San Diego with an overflow room.