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Minutes, first session

San Diego City Council
May 22, 2023

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Minutes, first session
Meeting
May 22, 2023
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San Diego City Council
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Text extracted from the city's file for reading and search. Open the original on sandiego.hylandcloud.com. That file is the official record.

THE CITY OF SAN DIEGO, CALIFORNIA

MINUTES FOR THE SPECIAL COUNCIL MEETING
OF
MONDAY, MAY 22, 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 ..........................................................................................................................3 INVOCATION.......................................................................................................................3 PLEDGE OF ALLEGIANCE......................................................................................................3 NON-AGENDA PUBLIC COMMENT .........................................................................................3 MAYOR, COUNCIL, CITY ATTORNEY, IBA, CITY CLERK COMMENT ..........................................5 Item 600: Consideration of Nominees to the Commission on Police Practices ..........................5 Item 601: California Coastal Commission Suggested Modifications to the Spaces As Places Ordinance Amending the San Diego Municipal Code and Local Coastal Program .......................9 Item 650: Ballot Measure Calendar.....................................................................................10 Item 651: Approval of the Final Map “The Trails at Carmel Mountain Ranch – 1” ...................11 Item 652: Approval of the Final Map “The Trails at Carmel Mountain Ranch – 2” ...................12 Item 653: Approval of the final map “The Trails at Carmel Mountain Ranch – 3”....................12 REPORT OUT FROM CLOSED SESSION................................................................................13 ADJOURNMENT .................................................................................................................14 Minutes of the Council of the City of San Diego Page 2
for the Special Meeting of Monday, May 22, 2023
CHRONOLOGY OF THE MEETING:

The meeting was called to order by Council President Elo-Rivera at 10:01 a.m. Council President Elo-Rivera recessed the meeting at 12:01 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 12:07 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 12:17 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 12:23 p.m. with all Councilmembers present.

Council President Elo-Rivera recessed the meeting at 12:39 p.m. for the purpose of a break.

Council President Elo-Rivera reconvened the meeting at 12:59 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 1:12 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 1:20 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 1:28 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 1:37 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 1:43 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 1:48 p.m. with all Councilmembers present. Council President Elo-Rivera recessed the meeting at 1:54 p.m. for the purpose of a break. Council President Elo-Rivera reconvened the meeting at 1:59 p.m. with all Councilmembers present. The meeting was adjourned by Council President Elo-Rivera at 3:01 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
CD-9 Council President Sean Elo-Rivera
ABSENT:

None.

CITY CLERK:

Fuentes (km)

ROLL CALL
(1) Councilmember LaCava-present
(2) Councilmember Campbell-present
Minutes of the Council of the City of San Diego Page 3
for the Special Meeting of Monday, May 22, 2023
(3) Councilmember Whitburn-present - (Pursuant to California Government Code section 54953(f), participated remotely for just cause due to travel while on official business with one individual 18 years of age or older present in the room.) (4) Council President Pro Tem Montgomery Steppe-present (5) Councilmember von Wilpert-present
(6) Councilmember Lee-present
(7) Councilmember Campillo-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 Moreno.

NON-AGENDA PUBLIC COMMENT
PUBLIC COMMENT-1:

Truth commented on City Council.

COUNCIL ACTION: Start Time: 2:40 PM
PUBLIC COMMENT-2:

Lori Saldaña commented on employee/appointee code of ethics/conduct.

COUNCIL ACTION: Start Time: 2:42 PM
PUBLIC COMMENT-3 (virtual):

Kathleen Lippitt commented on marijuana.

COUNCIL ACTION: Start Time: 2:44 PM
Minutes of the Council of the City of San Diego Page 4
for the Special Meeting of Monday, May 22, 2023
PUBLIC COMMENT-4 (virtual):

Audra commented on pure water.

COUNCIL ACTION: Start Time: 2:46 PM
PUBLIC COMMENT-5 (virtual):

Joy Sunyata commented on pedicab and Police Commission.

COUNCIL ACTION: Start Time: 2:49 PM
PUBLIC COMMENT-6 (virtual):

Catharine Douglas commented on Coastal Coalition and Spaces as Places.

COUNCIL ACTION: Start Time: 2:51 PM
PUBLIC COMMENT-7 (virtual):

Becky Rapp commented on AB 1207 and banning cannabis products.

COUNCIL ACTION: Start Time: 2:52 PM
PUBLIC COMMENT-8 (virtual):

Nancy Logan commented on marijuana impaired driving.

COUNCIL ACTION: Start Time: 2:53 PM
PUBLIC COMMENT-9 (virtual):

Blair Beekman commented on police and surveillance technology.

COUNCIL ACTION: Start Time: 2:56 PM
PUBLIC COMMENT-10 (virtual):

Judi Strang commented on Mind Over Marijuana.

COUNCIL ACTION: Start Time: 2:59 PM
Minutes of the Council of the City of San Diego Page 5
for the Special Meeting of Monday, May 22, 2023

MAYOR, COUNCIL, CITY ATTORNEY, INDEPENDENT BUDGET ANALYST, CITY CLERK

COMMENT
None.

Item 600: Consideration of Nominees for Appointment to the Commission on Police Practices.

Total Estimated Cost of Proposed Action and Funding Source: N/A Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-735 Cor. Copy) ADOPTED AS RESOLUTION R-314912 Resolution making City Council appointments of at-large members to the Commission on Police Practices for terms ending June 30, 2023, or June 30, 2024, which will be determined by random drawing.

Subitem A is not subject to the Mayor’s veto.

Subitem-B: (R-2023-737 Cor. Copy) ADOPTED AS RESOLUTION R-314913 Resolution making City Council appointments of district members to the Commission on Police Practices for terms ending June 30, 2023, or June 30, 2024, which will be determined by random drawing.

Subitem B is not subject to the Mayor’s veto.

Subitem-C: (R-2023-736) ADOPTED AS RESOLUTION R-314914
Resolution making City Council appointments of low- to moderate-income members to the Commission on Police Practices for terms ending June 30, 2023, or June 30, 2024, which will be determined by random drawing.

Subitem C is not subject to the Mayor’s veto.

Subitem-D: (R-2023-738) ADOPTED AS RESOLUTION R-314915
Minutes of the Council of the City of San Diego Page 6
for the Special Meeting of Monday, May 22, 2023
Resolution making City Council appointments of youth members to the Commission on Police Practices for terms ending June 30, 2023, or June 30, 2024, which will be determined by random drawing.

Subitem D is not subject to the Mayor's veto.

Committee Actions Taken: N/A
Council District 9: Luz Anaya Luna, (619) 236-6699
City Attorney Contact: Kathy Steinman
COUNCIL ACTION: Start Time: 10:04 AM

MOTION BY SEAN ELO-RIVERA TO ADOPT THE RESOLUTION IN SUBITEM B TO APPOINT THE DISTRICT MEMBERS CHERYL ANN GEYERMAN FOR DISTRICT 6, JAMES JUSTUS FOR DISTRICT 8, AND RAMON MONTAŃO FOR DISTRICT 9 TO THE COMMISSION ON POLICE PRACTICES;

AND ADOPT THE RESOLUTION IN SUBITEM D TO APPOINT THE YOUTH MEMBERS DALILA

SHERLYN VILLA DE LA CRUZ AND JAYLENE VASQUEZ TO THE COMMISSION ON POLICE PRACTICES. Second by Monica Montgomery Steppe.

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).

City Clerk Diana J.S. Fuentes announced the results of Subitem A’s Round 1 of the balloting as follows:

A total of 2 votes for Ada Rodriguez, a total of 2 votes for Anthony Avalos, a total of 3 votes for Bonnie Kenk, a total of 5 votes for Cheryl Canson, a total of 4 votes for Christina Griffin-Jones, a total of 5 votes for Clovis Honoree, a total of 3 votes for Coleen Cusack, a total of 4 votes for David Burton, a total of 3 votes for Ed Chapalin, a total of 8 votes for Gloria Tran, a total of 3 votes for Imani T. Robinson, a total of 8 votes for Jason Moore, a total of 1 vote for Jeff Citriniti, a total of 7 votes for Joseph Smith, a total of 5 votes for Laila Aziz, a total of 6 votes for Maria Guadalupe Lozano-Diaz, a total of 3 votes for Shain Haug, a total of 4 votes for Thomas Lincoln and a total of 2 votes for Yvania Rubio.

City Clerk Diana J.S. Fuentes announced that Cheryl Canson, Clovis Honoree, Gloria Tran, Jason Moore, Joseph Smith, Laila Aziz, and Maria Guadalupe Lozano-Diaz have been appointed as atlarge members to the Commission on Police Practices.

City Clerk Diana J.S. Fuentes announced the results of Subitem A’s Round 2 of the balloting as follows:

Minutes of the Council of the City of San Diego Page 7
for the Special Meeting of Monday, May 22, 2023
A total of 2 votes for Ada Rodriguez, a total of 1 vote for Bonnie Kenk, a total of 3 votes for Christina Griffin-Jones, a total of 1 vote for Coleen Cusack, a total of 3 votes for David Burton, a total of 1 vote for Ed Chapalin, a total of 2 votes for Imani T. Robinson, a total of 2 votes for Shain Haug, a total of 1 vote for Thomas Lincoln, and a total of 2 votes for Yvania Rubio.

City Clerk Diana J.S. Fuentes announced that no appointees were selected for Round 2.

City Clerk Diana J.S. Fuentes announced the results of Subitem A’s Round 3 of the balloting as follows:

A total of 5 votes for Christina Griffin-Jones, a total of 4 votes for David Burton, a total of 1 vote for Ed Chapalin, a total of 2 votes for Imani T. Robinson, a total of 3 votes for Shain Haug, and a total of 3 votes for Yvania Rubio.

City Clerk Diana J.S. Fuentes announced that Christina Griffin-Jones has been appointed as atlarge member to the Commission on Police Practices.

City Clerk Diana J.S. Fuentes announced the results of Subitem B’s Round 4 of the balloting as follows:

A total of 4 votes for David Burton, a total of 1 vote for Shain Haug, and a total of 4 votes for Yvania Rubio.

City Clerk Diana J.S. Fuentes announced that no appointees were selected for Round 4.

City Clerk Diana J.S. Fuentes announced the results of Subitem A’s Round 5 of the balloting as follows:

A total of 4 votes for David Burton, and a total of 5 votes for Yvania Rubio.

City Clerk Diana J.S. Fuentes announced that Yvania Rubio has been appointed as at-large member to the Commission on Police Practices.

City Clerk Diana J.S. Fuentes announced the results of Subitem B’s Round 1 of the balloting as follows:

A total of 9 votes for Darlanne Mulmat for District 1, a total of 9 votes for Alec Beyer for District 2, a total of 9 votes for Brandon Hilpert for District 3, a total of 1 vote for Ada Rodriguez for District 4, a total of 8 votes for Dwayne Harvey for District 4, a total of 9 votes for Octavio Aguilar for District 5, and a total of 9 votes for Dr. Dennis Brown for District 7.

City Clerk Diana J.S. Fuentes announced that Darlanne Mulmat has been appointed for District 1, Alec Beyer has been appointed for District 2, Brandon Hilpert has been appointed for District 3, Dwayne Harvey has been appointed for District 4, Octavio Aguilar has been appointed for District 5, and Dr. Dennis Brown has been appointed for District 7 as district members to the Commission on Police Practices.

Minutes of the Council of the City of San Diego Page 8
for the Special Meeting of Monday, May 22, 2023
City Clerk Diana J.S. Fuentes announced the results of Subitem’s C Round 1 of the balloting as follows:

A total of 7 votes for Bonnie Benitez, a total of 8 votes for Dennis Larkin, a total of 9 votes for Douglas Case, a total of 7 votes for Mark Maddox, and a total of 9 votes for Nicole Murray Ramirez.

City Clerk Diana J.S. Fuentes announced that Bonnie Benitez, Dennis Larkin, Douglas Case, Mark Maddox, and Nicole Murray Ramirez have been appointed as low-to moderate-income members to the Commission on Police Practices.

Item 601: California Coastal Commission Suggested Modifications to the Spaces As Places Ordinance Amending the San Diego Municipal Code and Local Coastal Program.

Total Estimated Cost of Proposed Action and Funding Source:

No fiscal impact.

Council District(s) Affected: Citywide.

Proposed Actions:

Subitem-A: (R-2023-749) ADOPTED AS RESOLUTION R-314916
Resolution of the council of the city of San Diego determining that the adoption of the California Coastal Commission’s suggested modifications to the Spaces As Places municipal code amendments are categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15301(c) (existing facilities), 15303 (new construction or conversion of small structures), 15304(h) (minor alterations to land), and 15311 (accessory structures); and that none of the exceptions to the exemptions found in CEQA Guidelines section 15300.2 would apply.

Subitem-B: (O-2023-138) INTRODUCED, TO BE ADOPTED TUESDAY, JUNE 6, 2023 Introduction of an Ordinance amending Chapter 12, Article 6, Division 7 of the San Diego Municipal Code by amending Sections 126.0704, 126.0707, and 126.0708; and amending Chapter 14, Article 1, Division 6 by amending Sections 141.0621, 141.0628, and 141.0629 accepting the California Coastal Commission's modifications required for certification of the Spaces As Places Program and code update to the Land Development Code and Local Coastal Program.

Committee Actions Taken: N/A
Planning: Sameera Rao, (619) 446-5346
City Attorney Contact: Noah Brazier
Minutes of the Council of the City of San Diego Page 9
for the Special Meeting of Monday, May 22, 2023
COUNCIL ACTION: Start Time: 2:08 PM
Public testimony by Lance Peto, Darren Moore, Philip Wise, Lori Saldaña, Tricia Riha, Kathleen Lippitt, Karen Dyer, and Audra.

MOTION BY JOE LACAVA TO ADOPT THE RESOLUTION IN SUBITEM A; AND INTRODUCE THE ORDINANCE IN SUBITEM B. Second by Jennifer Campbell.

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 650: Ballot Measure Calendar.

SUBMISSION OF BALLOT PROPOSALS FOR THE MARCH 5, 2024, BALLOT.

City Council Policy 000-21 establishes a procedure for submittal of ballot proposals, other processes -including citizen initiatives- may come before the City Council for consideration at other times. The Council Policy states that members of the public, Councilmembers, the Mayor or mayoral departments, independent department directors, or a public agency shall submit proposals to the City Clerk, who shall then transmit them promptly to Committee for review and comment. Please submit all proposals to [email protected]. The City Clerk’s Office has established the following calendar for the March 5, 2024, election.

DATE
DAYS
BEFORE

ELECTION
EVENT
Monday, 07/17/2023 232
LAST DATE (5:00 p.m.) for public,
departments and agencies to submit ballot
proposals to City Clerk for review by
Committee
Wednesday, 07/262023 223
Initial Committee review
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Minutes of the Council of the City of San Diego Page 10 for the Special Meeting of Monday, May 22, 2023
Wednesday, 09/06/2023 181
Measures that advance from initial review
proceed to a second Committee review,
where the Committee will decide if they will
be presented to the full Council for
consideration
Monday, 09/11/2023 176
First Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Friday, 12/08/2023 88
Last Day Council discusses measures and
adopts ordinances by City Attorney to place
measures on the ballot
Monday, 12/11/2023 85
Last day to submit the Fiscal Impact
Analysis; Ballot and Title Summary; and
Impartial Analysis with City Clerk
Wednesday, 12/13/2023 83 Last day to file ballot arguments with City Clerk
Please check posted agendas for additional information. If you have questions, please contact the Office of the City Clerk at (619) 533-4000 or via e-mail at [email protected].

Item 651: Approval of the Final Map “The Trails at Carmel Mountain Ranch – 1.” Notice is hereby given that the City Land Surveyor has reviewed and will approve on the date of this City Council meeting that certain Final Map entitled “The Trails at Carmel Mountain Ranch -1” (Resolution No. R-313708 and Vesting Tentative Map No. 2366422/PTS No. 652519) located at 14050 Carmel Ridge Road in the Carmel Mountain Ranch Community Plan area. The project site is also in the AR-1-1, RS-1-13, RS-1-14, RM-1-1, RM-2-5, and RM-3-7 Base Zones.

The property is legally described as Parcel 1 and 2 of Parcel Map No. 15758 and Parcel 1 and 2 of Parcel Map No. 16314, and Parcel 1 and 2 of Parcel Map No. 16337, a copy of which is available for public viewing at the office of the San Diego City Clerk. Specifically, the City Land Surveyor 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 Land Surveyor 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 Land Surveyor 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 Fred LePage (619) 446-5434.

Minutes of the Council of the City of San Diego Page 11 for the Special Meeting of Monday, May 22, 2023
Item 652: Approval of the Final Map “The Trails at Carmel Mountain Ranch – 2.” 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 “The Trails at Carmel Mountain Ranch - 2" (V.T.M. No. 2366422, PRJ No. 1053759) located at 14050 Carmel Ridge Road, in the AR-1-1, RS-1-13, RS-1-14, RM-1-1, RM-2-5, AND RM-3-7 base zones, within the Carmel Mountain Ranch 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.

Item 653: Approval of the final map “The Trails at Carmel Mountain Ranch – 3.” 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 “The Trails at Carmel Mountain Ranch - 3" (V.T.M. No. 2366422, PRJ No. 1053762) located at 14050 Cannel Ridge Road in the AR-1-1, RS-1-13, RS-1-14, RM-1-1, RM-2-5, and RM-3-7 Base Zones, Airport Land Use Compatibility Overlay Zone for Marine Corps Air Station Miramar, the Airport Influence Area for MCAS Miramar (Review Area 2), Very High Fire Hazard Severity Zone (Very High FHSZ}, Residential Tandem Parking Overlay Zone, Parking Standards Transit Priority Area, and Transit Priority Area Overlay zones of the Cannel Mountain Ranch Community Plan, 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 12 for the Special Meeting of Monday, May 22, 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.

REPORT OUT FROM CLOSED SESSION
None.

Minutes of the Council of the City of San Diego Page 13 for the Special Meeting of Monday, May 22, 2023

ADJOURNMENT
The meeting was adjourned by Council President Elo-Rivera at 3:01 p.m.

COUNCIL ACTION: Start Time: 3:01 PM

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