Homeless residents say San Diego is not complying with RV settlement

SAN DIEGO (CN) — Homeless residents of San Diego living out of their cars and recreational vehicles asked a federal judge on Friday to bring the city into compliance with a settlement agreement that was reached more than a year ago.

Members of the class action filed nearly 10 years ago said the city had unfairly targeted them under its vehicle habitation and oversized vehicle ordinances.

Many of the members, now living in the city’s so-called safe lots, say the city has done almost nothing to comply with the requirements outlined in the agreement and asked the court to enforce the terms of the settlement.

Ann Menasche, an attorney representing the class members, said that the city of San Diego continues to cite elderly, disabled and sick homeless residents for parking violations under those ordinances, despite agreeing to terms that would allow them to remain undisturbed if no space was available in the safe lots. Additionally, many of the residents are unable to move their vehiclesdue to fuel costs, disabilities or medications they are taking, she said.

“These are overwhelmingly responsible people,” Menasche told Courthouse News outside of the courtroom. “They are hardworking. Many are retired. They’re not given realistic choices. It’s really torturing people who are old, disabled and poor.”

The city agreed to pay up to $900,000 for a list of requested improvements to a safe lot in the Mission Valley neighborhood that included restrooms, electricity, running water, improved lighting and shade for its residents, among other things. The location includes 86 spaces for people to park 24 hours a day. There are nearly 400 similar parking spaces across the city.

Deputy City Attorney Michelle Neff argued that some of these requests are just not reasonable under the budget.

However, U.S. Magistrate Judge Daniel Butcher was skeptical of some of the deputy city attorney’s claims. Butcher asked why the city would agree to the terms of the settlement if it was not feasible.

“They investigated the possibility of bringing water,” Neff said. “They would have to dig up the whole lot to create the infrastructure. It was wishful thinking. We can’t do it.”

The same is true for electricity, she said. San Diego Gas & Electric would have to install electrical lines into the lot. The costs would go into the millions, she said.

Instead, she said the city is looking at more cost-friendly alternatives that it can do with its own departments, such as installing solar panels for residents and establishing shaded common areas and showers. The city repaved part of the lot to allow for some of these improvements, or for additional parking spaces, she said.

The city agreed to make a reasonable attempt to improve the areas defined by the settlement, she said. It did not agree to all of the requests outright.

“It looks like the reasonable attempt is the city said, ‘We just can’t do it,’” said Butcher, who was skeptical of the costs Neff cited. “The city has completed maybe one thing on this list 18 months later.”

Butcher also wondered if the city’s proposed improvements should be specified in an amended settlement agreement. Though he said he would not rule from the bench, he suggested the possibility of requiring deadlines, status reports and shared cost estimates for the different improvement projects.

So far, the city has spent about $140,000 of its $900,000 budget, Neff said.

“We’re trying to get more done with less money, and I think that benefits the homeless individuals more,” Neff said. “I think we are in substantial compliance.”

Menasche strongly disagreed with Neff’s assessment.

“I think there has not been any good-faith effort to comply with this agreement. None,” she told Butcher. “Our clients are suffering from the poor conditions of that lot.”

The police officers have also continued to issue citations in violation of the Americans with Disabilities Act and the settlement agreement, Menasche said.

“This is a policy problem that needs to be addressed on a policy level,” she said.

Her clients are being cited for violations that total in the thousands of dollars when they have no way of paying and, critically, no way of moving their vehicle, she said.

Police officers reportedly issued more than 3,000 citations in the course of seven months after the settlement agreement.

Ron Kallungi, a 70-year-old homeless San Diego resident present in the courtroom on Friday, said he has about 30 tickets that total around $10,000.

Kallungi occasionally stays in the city’s H Barracks, a safe lot on the San Diego Bay where he can park his trailer between 6 p.m. and 7 a.m. However, it costs about a gallon of gas per day just to drive to and from the location each day, which is too expensive for Kallungi, who lives on a fixed monthly income.

He used to stay at the Mission Valley 24-hour safe lot, but said that the location is poorly maintained and mismanaged.

“It’s run like a zoo,” he said.

Penny Helms, a current resident at the safe lot, agreed with Kallungi.

“It is Third World,” said Helms, who has resided at the lot for three years in a small RV. “The only electricity is a cord running from the offices to the common space. The only drinking water is inside [the office]. The only toilets are porta-potties.”

Helms, who uses a wheelchair, said the safe lot is not easy for people with disabilities or illnesses. She also requires electricity for her nebulizer, air purifiers and CPAP machines.

Ants, cockroaches and rodents are also a major problem at the location, she said.

“I would like them to bring things to First World conditions, where we have power, where we have water and where we have sanitary bathrooms and showers,” she added. “I mean, it’s not a lot to ask, really. What we’re asking for is what most people take for granted.”