THE CITY OF SAN DIEGO, CALIFORNIA
MINUTES FOR THE REGULAR COUNCIL MEETING
OF
MONDAY, MARCH 6, 2023
AT 10:00 AM
IN THE COUNCIL CHAMBERS – 12TH FLOOR
Table of Contents
CHRONOLOGY OF THE MEETING..........................................................................................2 ATTENDANCE DURING THE MEETING...................................................................................2 ROLL CALL ..........................................................................................................................2 INVOCATION.......................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 CLOSED SESSION................................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................5
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK COMMENT ..........................................................................................................................................6 Item 200: Resolution Authorizing Application for and Receipt of Prohousing Incentive Pilot Program Funds ....................................................................................................................7 Item 201: Appeal of the Historical Designation of the Charles and Mary Schaeffer Residence and the Fred Bushman Building (HRB #1412) Located at 820 West University Avenue and 3951- 3957 Goldfinch Street ..........................................................................................................8 Item 250: Approval of the Final Map “Everly”........................................................................9 Item 251: Approval of the Final Map “Nestor's Place” ..........................................................10 REPORT OUT FROM CLOSED SESSION................................................................................11 ADJOURNMENT .................................................................................................................11 Minutes of the Council of the City of San Diego Page 2
for the Regular Meeting of Monday, March 6, 2023
CHRONOLOGY OF THE MEETING
The meeting was called to order by Council President Elo-Rivera at 10:00 a.m. The meeting was recessed by Council President Elo-Rivera at 10:06 a.m. into Closed Session, to be reconvened at 2:00 p.m.
The meeting was reconvened by Council President Elo-Rivera at 2:00 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 3:06 p.m.
ATTENDANCE DURING THE MEETING
PRESENT:
CD-1 Councilmember Joe LaCava
CD-2 Councilmember Jennifer Campbell
CD-3 Councilmember Stephen Whitburn
CD-4 Council President Pro Tem Monica Montgomery Steppe CD-5 Councilmember Marni von Wilpert
CD-6 Councilmember Kent Lee
CD-7 Councilmember Raul A. Campillo
CD-8 Councilmember Vivian Moreno - (Pursuant to California Government Code section 54953(f), participated remotely for just cause due to childcare needs with no individuals 18 years of age or older present in the room.)
CD-9 Council President Sean Elo-Rivera - (Pursuant to California Government Code section 54953(f), participated remotely for just cause due to COVID-19 with no individuals 18 years of age or older present in the room.)
ABSENT:
None.
CITY CLERK:
Fuentes (cp)
ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
(3) Councilmember Whitburn-not present
(4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
Minutes of the Council of the City of San Diego Page 3
for the Regular Meeting of Monday, March 6, 2023
(7) Councilmember Campillo-not present
(8) Councilmember Moreno-present
(9) Council President Elo-Rivera-present
INVOCATION
The invocation was given by City Clerk Diana J.S. Fuentes.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Campbell.
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation, pursuant to California Government Code Section 54956.9(d)(1):
CS-1 Terrie Vorono v. City of San Diego, et al.
San Diego Superior Court Case No. 37-2019-00028309-CU-PO-CTL Risk Management Department Claim File No. 20846
REFERRED TO CLOSED SESSION OF MONDAY, MARCH 6, 2023
DCA Assigned: N. A. Morales
This case arises from a trip and fall accident which occurred on May 21, 2018, in front of the home located at 5203 Cassandra Lane, San Diego. The City Attorney’s Office will update the Mayor and City Council on the status of the litigation and seek direction.
COUNCIL ACTION: Start Time: 10:04 AM
Council President Elo-Rivera closed the hearing.
CS-2 Texas v. United States
U. S. District Court for the Southern District of Texas Court Case No. 1:18-cv-00068 Risk Management Department Claim File No. N/A
REFERRED TO CLOSED SESSION OF MONDAY, MARCH 6, 2023
Minutes of the Council of the City of San Diego Page 4
for the Regular Meeting of Monday, March 6, 2023
CDCA Assigned: T. L. Krentz
The States of Alabama, Arkansas, Kansas, Louisiana, Nebraska, South Carolina, Texas, and West Virginia filed a lawsuit in Texas v. United States to terminate the Deferred Action for Childhood Arrivals program, which protects young undocumented immigrants from removal.
The City Attorney’s Office will advise the Mayor and City Council on possible participation in this litigation as amicus curiae in support of Defendant, the federal government.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Blair Beekman.
Council President Elo-Rivera closed the hearing.
CS-3 Ramos v. Mayorkas
Ninth Circuit Court Case No. 18-16981
Risk Management Department Claim File No. N/A
REFERRED TO CLOSED SESSION OF MONDAY, MARCH 6, 2023
CDCA Assigned: T. L. Krentz
The Temporary Protected Status program provides temporary relief to nationals of designated foreign countries that have been affected by a natural disaster, armed conflict, or other extraordinary conditions. The Department of Homeland Security terminated designations for four countries in 2017 and 2018. Individuals who benefited from the designations filed suit. The City Attorney’s Office will advise the Mayor and City Council on participation in this litigation as amicus curiae in support of Plaintiffs.
COUNCIL ACTION: Start Time: 10:04 AM
Public testimony by Blair Beekman.
Council President Elo-Rivera closed the hearing.
NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1 (virtual):
Barbara Gordon commented on cannabis usage risks.
COUNCIL ACTION: Start Time: 2:50 PM
Minutes of the Council of the City of San Diego Page 5
for the Regular Meeting of Monday, March 6, 2023
PUBLIC COMMENT-2 (virtual):
Lori Saldaña commented on Mayoral appointees to Boards and Commissions.
COUNCIL ACTION: Start Time: 2:52 PM
PUBLIC COMMENT-3 (virtual):
Joy Sunyata commented on 3 p’s for housing: preservation, prevention, and powering.
COUNCIL ACTION: Start Time: 2:54 PM
PUBLIC COMMENT-4 (virtual):
Becky Rapp commented on delta-8 and delta-9 THC (synthetic hemp).
COUNCIL ACTION: Start Time: 2:56 PM
PUBLIC COMMENT-5 (virtual):
Peggy Walker commented on marijuana policies.
COUNCIL ACTION: Start Time: 2:58 PM
PUBLIC COMMENT-6 (virtual):
Kathleen Lippitt commented on marijuana legalization.
COUNCIL ACTION: Start Time: 3:00 PM
PUBLIC COMMENT-7 (virtual):
Judi Strang commented on marijuana use effects on mental health.
COUNCIL ACTION: Start Time: 3:02 PM
MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK
COMMENT
Minutes of the Council of the City of San Diego Page 6
for the Regular Meeting of Monday, March 6, 2023
COUNCIL COMMENT-1:
Councilmember Vivian Moreno notified the Council she was participating remotely for just cause due to childcare needs with no individuals 18 years of age or older present in the room, pursuant to California Government Code section 54953(f).
COUNCIL ACTION: Start Time: 10:00 AM
COUNCIL COMMENT-2:
Council President Sean Elo-Rivera notified the Council he was participating remotely for just cause due to COVID-19 with no individuals 18 years of age or older present in the room, pursuant to California Government Code section 54953(f).
COUNCIL ACTION: Start Time: 10:01 AM
COUNCIL COMMENT-3:
Councilmember LaCava announced that District 1 will host a crowd-based philanthropy the month of March. He stated they will be accepting donations on behalf of Shoreline Community Services which addresses the needs of the homeless. Councilmember LaCava mentioned Shoreline’s needs include new and lightly used items for men and women to get through this cold weather. He reminded everyone there is a box in the foyer on the 12th floor.
Councilmember LaCava thanked Council President Elo-Rivera for creating this program.
COUNCIL ACTION: Start Time: 2:01 PM
Item 200: Resolution Authorizing Application for and Receipt of Prohousing Incentive Pilot Program Funds.
Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.
Proposed Actions:
(R-2023-418) ADOPTED WITH DIRECTION AS RESOLUTION R-314630 Resolution of the Council of the City of San Diego approving the City of San Diego's application for a grant from the State of California's Prohousing Incentive Pilot Program in an amount notto- exceed $5,000,000.
Minutes of the Council of the City of San Diego Page 7
for the Regular Meeting of Monday, March 6, 2023
Committee Actions Taken: N/A
Economic Development: Christina Bibler, (619) 236-6421
City Attorney Contact: William W. Witt
COUNCIL ACTION: Start Time: 2:04 PM
MOTION BY VIVIAN MORENO TO ADOPT THE RESOLUTION WITH DIRECTION TO STAFF TO
INCLUDE AFFORDABLE HOUSING PRESERVATION EFFORTS AS AN ALLOWABLE USE AS DESCRIBED IN SECTION (I) UNDER HEALTH AND SAFETY CODE SECTION 50470(B)(2)(D) TO
THE APPLICATION, IN ADDITION TO THE ANTICIPATED USES FOR THE FUNDING AS DESCRIBED IN THE STAFF REPORT. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
Item 201: Appeal of the Historical Designation of the Charles and Mary Schaeffer Residence and the Fred Bushman Building (HRB #1412) Located at 820 West University Avenue and 3951- 3957 Goldfinch Street.
Total Estimated Cost of Proposed Action and Funding Source:
There is no cost to the City associated with this item.
Council District(s) Affected: 3.
Proposed Actions:
(R-2023-467) GRANTED THE APPEAL AND REVERSED THE HISTORICAL RESOURCES BOARD’S DECISION; ADOPTED AS RESOLUTION R-314631
Appeal of the March 25, 2021, decision of the Historical Resources Board to designate the Charles and Mary Schaeffer Residence located at 820 West University Avenue and the Fred Bushman Building located at 3951-3957 Goldfinch Street as a historical resource (HRB #1412); Granting or denying the appeal and affirming, reversing, or modifying the action of the Historical Resources Board to designate the Charles and Mary Schaeffer Residence located at 820 West University Avenue and the Fred Bushman Building located at 3951-3957 Goldfinch Street;
Minutes of the Council of the City of San Diego Page 8
for the Regular Meeting of Monday, March 6, 2023
Directing the City Attorney to prepare the appropriate Resolution according to Section 40 of the City Charter.
This item is not subject to the Mayor's veto.
Committee Actions Taken: N/A
Development Services: Suzanne Segur, (619) 236-6139
City Attorney Contact: Jeanne L. MacKinnon
COUNCIL ACTION: Start Time: 2:28 PM
Public testimony by Scott Moomjian, Zach Thompson, Sharon Gehl, and Gail Friedt.
MOTION BY STEPHEN WHITBURN TO GRANT THE APPEAL AND REVERSE THE HISTORICAL RESOURCES BOARD’S DESIGNATION UNDER “CRITERION A” BASED ON VIOLATION OF BYLAWS AND HEARING PROCEDURES BY THE BOARD. Second by Joe LaCava.
Passed by the following vote:
Yea: Joe LaCava, Jennifer Campbell, Stephen Whitburn, Monica Montgomery Steppe, Marni von Wilpert, Kent Lee, Raul A. Campillo, Vivian Moreno, Sean Elo-Rivera; Nay: (None);
Recused: (None);
Not Present: (None).
NOTE: The following Public Notices were for public record only. These items did not require Council action or public testimony.
Item 250: Approval of the Final Map “Everly”.
Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Everly" (V.T.M. No. 183196, PRJ No. 1055775) located in the 2632 Community Lane, in the RM-4-10 and RM-3-8 zones, within the Mission Valley Community Plan Area, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.
Minutes of the Council of the City of San Diego Page 9
for the Regular Meeting of Monday, March 6, 2023
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Frederick R.
LePage (619) 446-5434.
Item 251: Approval of the Final Map “Nestor's Place".
Notice is hereby given that the City Engineer has reviewed and will approve on the date of this City Council meeting that certain final map entitled “Nestor’s Place" (V.T.M. No. 1996523, PTS No. 691960) located in the 1695 Saturn Boulevard, in the AR-1-2 zone, within the Otay Mesa - Nestor Community Plan Area, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct.
Said map will be finalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above findings of the City Engineer to the City Council. A valid appeal must be filed with the City Clerk no later than 2:00 PM, 10 calendar days from the date of this City Council meeting stating briefly which of the above findings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Frederick R.
LePage (619) 446-5434.
REPORT OUT FROM CLOSED SESSION
The City Attorney gave a report out from Closed Session. https://www.sandiego.gov/city-clerk/officialdocs/closed-session-reports Minutes of the Council of the City of San Diego Page 10 for the Regular Meeting of Monday, March 6, 2023
COUNCIL ACTION: Start Time: 3:04 PM
ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:06 p.m.
COUNCIL ACTION: Start Time: 3:06 PM