Public Safety and Livable Neighborhoods Committee Meeting - September 9, 2020

This meeting of the City Council's Public Safety and Livable Neighborhoods Committee was held via teleconference due to Executive Order 29-20 suspending certain Brown Act requirements during the COVID-19 pandemic. The committee addressed a consent agenda, public comments, and four discussion items, including the repeal of an unconstitutional seditious language ordinance, joint-use agreements with the school district, and a computer-aided dispatch system contract.

Consent Calendar

• Item 1: Landscape contract with Aztec Landscaping Inc. for the Torrey Hills Maintenance Assessment District.
• Item 2: Landscape contract with West Turf Landscape Management Inc. for the Carmel Valley Maintenance Assessment District.
• Both items were approved unanimously.

Public Comments & Testimony

• Non-Agenda Public Comment:
  • Ann Saggy (Community Force Advisory Board) urged the committee to prioritize tree planting in underserved communities, noting $300,000 added to the budget for tree planting, and requested a future agenda item.
  • Francine Maxwell requested a joint memo to the police department to enforce solid-color face coverings for officers, citing concerns about "Blue Lives Matter" masks at protests.
  • Kelly McCormick (parent and public health educator) expressed concerns about marijuana businesses, citing neighborhood safety issues and asking for stronger enforcement.
  • Rebecca Repp (mother and youth group mentor) referenced a fatal shooting at a marijuana operation near Temecula and noted research showing 84.8% more property crime near marijuana shops, urging close scrutiny.
  • Martha Wells (caller) criticized police overtime, lack of response, and park conditions.
  • Ali Afshan (co-founder of Lands for Equity) opposed surveillance initiatives targeting marginalized communities.
• Consent Agenda Public Comment: None.
• Item 3 (Street Light Sensors) - Pulled, no public comment.
• Item 4 (Repeal of Seditious Language Ordinance):
  • Jerry Hall supported repeal and urged expungement and restitution for those cited under the ordinance.
  • Arturo (District 9) echoed support for repeal and expungement, citing targeting of people of color.
  • David Miller (District 3) supported repeal and called for expungement and refund of fines.
  • Michelle Cohn supported repeal, noting the ACLU's position that the law was used against people who insult officers.
  • Genevieve Jones Wright supported repeal but urged the city attorney to do more to address racial injustice, including police brutality.
  • Cecilia Kabuha (District 3) noted 83 citations since 2013, with one officer issuing five citations; called for expungement and refund of fines from police budget.
• Item 5 (Joint Use Agreements):
  • Martha Wells criticized the lack of park bathrooms and questioned payments to schools.
• Item 6 (Computer Aided Dispatch System): No public comments.

Discussion Items

• Item 3: Street Light Sensors (Pulled): The sustainability department (Cody Hooven) requested to pull the item to further assess options, noting that the community and council members want a surveillance ordinance in place before continued use of the technology. The mayor's office also supported waiting for a surveillance ordinance and oversight framework. No action taken.
• Item 4: Repeal of Seditious Language Ordinance (Section 56.30): Paige Folkman (Chief Deputy City Attorney) presented the ordinance, adopted in 1918, which made it unlawful to use seditious language. The city attorney's office does not prosecute under this law due to constitutional concerns, as free speech jurisprudence has evolved. The ordinance is overly broad and likely unconstitutional. The committee voted unanimously to repeal it. Councilmember Moreno and others requested expungement and restitution for those cited; the city attorney noted that expungement is under court jurisdiction but the office would not oppose it. Councilmember Kate noted that 8 of the 11 recent citations were given to Black San Diegans (about 80%).
• Item 5: Joint Use Agreements with San Diego Unified School District: Andy Field (Director of Parks and Recreation) presented agreements for five schools: Audubon K-8 (2.13 acres), Innovation Middle (Claremont), Longfellow K-8 (Claremont), Rolando Park Elementary (5.4 acres), and Sherman Elementary (expansion). The agreements are 25-year terms, with public use after school hours. The city will reimburse $1 million in development impact fees for Rolando Park construction. Maintenance costs for Rolando Park are higher (~$100,000) due to its size. The committee approved unanimously. Councilmember Kate raised questions about gate access; staff agreed to work on a tracking system with the school district.
• Item 6: Computer Aided Dispatch (CAD) System Contract: Chris Haley (SDPD Program Manager) presented a master services agreement with Intergraph/Hexagon for continued use of the CAD system, which was implemented in 2017 to replace a 26-year-old system. The contract is for 3-5 years (initial 3 years with two 1-year options), totaling approximately $5.9 million over five years, including maintenance, a resident systems advisor, a planned software upgrade in FY22, and minor change orders. The committee approved unanimously.

Key Outcomes

• Consent Agenda: Approved unanimously.
• Item 3 (Street Light Sensors): Pulled from agenda; staff to assess options and return with updates.
• Item 4 (Seditious Language Repeal): Approved unanimously. Direction given to work on expungement and restitution for those cited.
• Item 5 (Joint Use Agreements): Approved unanimously. Staff to explore online tracking system and address gate access issues.
• Item 6 (CAD System Contract): Approved unanimously.
• Next committee meeting scheduled for Wednesday, October 7, 2020, at 9 a.m.