[0:01] meeting. [0:02] I will now call the special [0:02] City Council meeting of [0:05] Thursday, MAY 7th, 2026 to [0:06] order Assistant clerk please [0:06] call the Roll Councilmember [0:10] Campbell Councilmember Whipper [0:10] here. [0:15] Councilmember Foster Council [0:16] Von Wilpert Council PRESIDENT [0:19] Pro Tem Lee Councilmember Campo [0:20] here Council Moreno Present [0:24] Council Member ilo Rivera and [0:25] Council PRESIDENT LaCava [0:29] PRESIDENT. [0:30] >> Also attending the meeting [0:30] are Assistant City Attorney [0:31] Leslie Fitzgerald, Senior [0:34] Fiscal and policy Analyst in [0:34] the aba Office. [0:35] Amy Lee Senior Policy Advisor [0:38] in the Mayor's office [0:39] Christopher Ackerman Avila and [0:39] myself your Assistant City [0:43] Clerk dg Pentel Pantaleon. [0:44] >> All right, Thank you for [0:48] that And I noticed that there [0:49] was a little if it was [0:49] sweetness leaving the room so [0:56] it was So with that a quorum is [0:57] now present since this is a [1:00] special council meeting under [1:01] the unlike the brc meeting [1:01] earlier today. [1:02] Before we start today's meeting [1:05] I want to remind everyone about [1:06] the city's practices and [1:06] procedures for public comment [1:10] at city Council meetings City [1:10] welcomes public participation [1:11] at our City Council meeting. [1:12] Speakers MAY address [1:12] the Council during public [1:15] comment and also in connection [1:16] with a specific item of [1:16] business on the agenda. [1:20] However, the city must make [1:20] sure that no one person or [1:21] group of people disrupt [1:22] the meeting in a way that [1:25] prohibits other speakers from [1:25] expressing their ideas and [1:26] opinions. [1:26] So to make sure that everyone [1:29] here has an opportunity to [1:30] address the Council I will [1:30] alert an individual or [1:31] individuals if I think their [1:33] conduct becomes disruptive. [1:34] If the disruption continues I [1:35] will rule the individual out of [1:38] order and if the disruption [1:39] continues further I will [1:39] declare a recess. [1:43] We can restore order at that [1:44] point we will direct [1:44] the individual leave the room [1:45] and if the individual refuses [1:46] police will escort [1:49] the individual out of [1:50] the building. [1:50] If we have to repeat [1:51] the process of warning as [1:51] recessing the meeting all [1:53] members of the public will be [1:54] excused from chambers. [1:54] Credentialed media will be [1:58] allowed to remain. [1:58] Once again we have these [1:59] practices and procedures to [2:00] protect the rights of other [2:02] speakers who wish to address [2:03] the Council and to allow [2:04] the Council to conduct [2:04] the public's business and [2:07] frankly to show respect to [2:08] the members of the public who [2:09] chose to spend their Thursday [2:12] evening here in chambers Unlike [2:13] other fun things I could have [2:13] been doing. [2:17] So I respect their time when [2:18] you think about when you offer [2:18] your testimony. [2:22] So with that assistant clerk [2:23] please go over how the public [2:23] can after their testimony I [2:26] will now highlight the slide on [2:27] the screen that reviews how [2:28] the public can offer their [2:28] public testimony during this [2:32] evening's meeting. [2:32] The order can be found on [2:33] the agenda summary found online [2:34] or at the table in the back of [2:37] the room If you are in person [2:37] please complete a speaker slip [2:38] located at the entrance of [2:42] chambers and bring it to [2:42] the front of the room. [2:43] Council ambassadors are [2:44] available near the entrance of [2:46] chambers and can assist with [2:47] questions and speaker slips. [2:47] No further in-person testimony [2:51] will be taken once the council [2:51] begins Virtual testimony. [2:52] Thank you Council PRESIDENT All [2:52] right. [2:55] Thank you. [2:56] >> So with that please [3:00] introduce item 600 item 600 as [3:00] Senate Bill 79 phased [3:01] implementation and exempting [3:05] non transit oriented [3:05] development areas. [3:05] >> Right. [3:09] I see staff is seated. [3:10] When you're ready introduce [3:10] yourselves for the record and [3:11] let us know how much time you [3:22] need for the presentation. [3:23] Good in the council members My [3:26] name is Grant Rody. [3:27] I'm a senior planner with [3:28] the City Planning Department. [3:28] I'm here with Seth Luciani, [3:31] deputy Director of housing [3:32] policy and Environmental [3:33] Analysis and City Planning and [3:33] Heidi Bloom, City planning [3:36] Director. [3:37] I am presenting the City Plan [3:38] Department's proposed Senate [3:40] Bill 79 phase of a mentation [3:41] plan with exemptions and it [3:41] will be about 15 minutes. [3:42] All right. [3:44] When you're ready. [3:45] >> Pursuant to the requirements [3:50] of the bill, the city Council [3:51] needs to adopt an ordinance to [3:51] phase in sb seven an [3:52] implementation in low resource [3:55] areas very high fire severity [3:56] zones sites with designated [3:59] historic resources and outside [4:00] to deter one foot sea level [4:02] rise and to exempt areas [4:03] outside of a one mile walk in [4:04] distance from sb seven nine [4:07] applicability Today the city [4:08] Planning Department is [4:08] proposing an ordinance [4:09] the phase the implementation of [4:11] sb 79 and exempt certain areas [4:15] from sb 79 implementation sb [4:15] seven nine was signed by [4:19] Governor Andrew some on OCTOBER [4:20] 10th 2025 and seeks to address [4:21] the state's housing shortage [4:24] create homeownership [4:25] opportunities and to build more [4:28] homes near transit. [4:28] Sb seven as requirements are [4:29] generally consistent with [4:30] the policies included in [4:33] the city's general plan [4:33] including the housing element [4:34] which calls for more housing [4:35] options throughout the city and [4:36] the city's climate Action plan [4:37] calling for more homes and jobs [4:42] located near transit. [4:42] >> sb seven nine requires [4:43] the city to approve certain [4:44] housing developments within a [4:47] half mile radius of qualifying [4:48] and transit stops which I call [4:49] transit oriented development or [4:52] towed stops and sites that are [4:53] zoned for residential mixed use [4:53] or commercial development. [4:57] The half mile areas are [4:57] calculated as a straight line [4:58] distance or as the crow flies [5:02] and are referred to as tod [5:02] zones. [5:03] The bill requires that sandag [5:07] create a map of today's stops [5:07] and zones within the city while [5:08] the city plans that is created [5:11] several sb 79 maps dog stops [5:11] are subject to confirmation [5:12] from sandbags maps of [5:19] designated toad stops The bill [5:20] spotlighted zones in the two [5:20] areas. [5:21] >> The first is within a [5:23] quarter mile of a toad stop and [5:24] the second is between a quarter [5:25] and a half mile of a tide stop. [5:28] It requires greater density and [5:28] larger buildings. [5:29] The closer a site is to a [5:29] qualifying train to start with [5:31] the greatest density and [5:32] the largest buildings and sites [5:36] that are within 200ft. [5:37] Sb seven nine provides the city [5:37] with several implementation [5:41] options including the phasing [5:42] in and exemption of certain [5:42] areas of the city along with a [5:43] total alternative plan that can [5:46] comprehensively implement a [5:47] phased implementation approach. [5:47] Such a plan would allow [5:51] the city to determine optimal [5:52] locations for future [5:53] development around D.O.T. Stops [5:53] and incorporate the feedback [5:56] from community members into [5:57] the city's sb 79 implementation [6:01] Thoughtfully planning for new [6:02] growth through a two tiered [6:04] alternative plan can help [6:05] the implementation of sb 79 [6:06] benefit San Diego addressing [6:10] fire risk and sea level rise [6:10] will help to improve public [6:11] safety and phase in [6:13] the implementation of sb 79 in [6:14] low resource areas allows [6:15] the city additional time to [6:15] address infrastructure needs [6:18] while furthering fair housing [6:19] by allowing more homes a [6:19] moderate, high and highest [6:24] resource areas that MAY not [6:24] have similarly needs. [6:25] First, it's important to note [6:25] that this type of more [6:28] thoughtful planning was [6:29] specifically anticipated in sb [6:30] 79 which provides for this [6:33] planning and the development of [6:33] alternative plans. [6:34] This process also allows [6:38] the city to mark responsibly [6:38] plan and anticipate for growth [6:39] in a manner that can be most [6:42] efficiently served with [6:43] municipal services such as fire [6:47] police and trash collection. [6:48] >> sb seven nine allows [6:49] the city to exempt areas where [6:52] a walking path of less than one [6:53] mile from eligible size city [6:53] stops does not exist. [6:57] While all tod zones are located [6:58] within a half mile of tio d [6:59] stops or as the crow flies non [7:01] toddy sites do not have a [7:02] walking path of one mile or [7:03] less from these stops due to [7:03] physical barriers such as [7:06] canyons and freeways. [7:07] Allowing development further [7:07] from D.O.T. Stops would not [7:10] lead to actual transit oriented [7:11] development to ensure [7:12] the development allowed under [7:16] sb 79 provides opportunities [7:16] for future community members to [7:17] access study stops. [7:17] The City Plan Department [7:20] proposed ordinance would exempt [7:21] those areas from sb 79 [7:21] implementation. [7:25] These areas would not be [7:26] affected by the implementation [7:27] of the bill or be included in [7:30] an alternative plan. [7:30] It's important to remember that [7:31] the intent of sb 79 is to spur [7:34] transit oriented development [7:35] and areas outside of a one mile [7:36] walking distance from these [7:39] stops are not transit oriented. [7:40] The city plan department also [7:43] calculated the areas without a [7:44] walking path of one mile or [7:44] less taking into account areas [7:48] lacking sidewalks as the path [7:49] of travel should include safe [7:50] publicly accessible sidewalks [7:53] to qualify for sb seven and an [7:56] implementation sb seven nine [7:57] permits a phased implementation [7:58] in lower resource areas as [8:01] identified by the California [8:02] Tax Credit Allocation Committee [8:02] until one year after [8:03] the adoption of the Seventh [8:06] Housing Limited, the city and [8:07] 2031 the City Plan department [8:10] can also implement sb 79 [8:11] through community plan updates [8:13] and low resource areas prior to [8:14] 2031 to ensure that at the sb [8:17] 79 densities are addressed [8:18] phasing the implementation as [8:19] desired primarily to focus [8:19] housing development in areas [8:23] with access to opportunity [8:24] prior to being implemented in [8:28] low resource areas. [8:29] >> Portions of the Toddies [8:32] alternate arterial tiered zones [8:33] are in very high fire severity [8:33] zones adopted by the City [8:36] Council on AUGUST 2025 because [8:37] a significant portion of [8:40] the total zones are in these [8:41] very high fire severity zones [8:41] the Department recommends a [8:42] phased implementation through a [8:46] total turn up plan to address [8:46] fire safety. [8:47] The top alternative plan allows [8:50] the city to ensure [8:50] the development required by sb [8:51] 79 is not located in places [8:54] with the most fire risk in [8:55] those areas that only have a [8:59] single evacuation route. [9:00] Sb seven nine also permits a [9:01] phased implementation on sites [9:04] containing historic resource [9:05] that are designated as of [9:09] JANUARY 1st 2025 sb seven nine [9:10] implementation would occur on [9:10] these sites with a total [9:11] alternative plan to ensure [9:13] the city's newly adopted [9:13] historic preservation [9:14] regulations can be taken into [9:18] account. [9:19] Phase implementation is also [9:19] allowed on sites that are [9:23] identified as vulnerable to a [9:24] one foot sea level rise as [9:24] shown on the map attached to [9:25] the staff report. [9:28] The areas affected by a one [9:28] foot sea level rise are on [9:29] the western side of Mission [9:29] Valley. [9:32] The phase of limitation of [9:33] these areas would occur as part [9:34] of a tod alternative plan to [9:37] address climate resiliency. [9:41] Starting on JULY 1st sb 79 will [9:42] take effect on all qualifying [9:42] sites. [9:43] This means the default [9:44] densities will apply in all [9:47] commercial mixed use and [9:47] residential zones. [9:48] If the proposed ordinance is [9:51] approved, only areas outside of [9:52] low resource areas that do not [9:53] include designated historic [9:56] resources are not subject to [9:57] sea level rise and not in very [9:58] high fire severity zones would [10:00] take effect on JULY 1st. [10:00] These areas are marked in [10:01] yellow on the map and [10:04] constitute approximately 22% of [10:05] the areas within Todd Zoned [10:09] citywide. [10:10] After approval of the proposed [10:10] ordinance phase in [10:14] the implementation of sb 79 and [10:14] exempting specified areas must [10:15] be 70 an implementation by [10:18] the City Council. [10:19] City planning will transmit [10:19] the ordinance to hb asked for [10:23] review and comment. [10:24] Under sb 79 it has 90 to 120 [10:25] days to evaluate whether [10:28] the city's actions comply with [10:28] sb 79. [10:29] If hpd determines that [10:33] revisions are necessary, [10:33] the city MAY amend [10:34] the ordinance to address these [10:35] comments or adopt [10:37] the resolution affirming [10:38] the ordinance and explaining [10:39] the city's rationale for why [10:41] its actions comply with sb 79. [10:42] To preliminary conversations [10:46] hpd staff has indicated that a [10:46] locally adopted ordinance would [10:47] take effect upon city adoption [10:50] and hpd is review is not [10:51] required to be completed for [10:52] the ordinance to take effect. [10:55] The city plan department also [10:56] plan to prepare a tldr [10:56] alternative plan to implement [11:00] sb 79 which will include [11:01] amendments to the Miscible [11:01] Code, zoning community plans [11:02] and the general plan. [11:05] The total alternative plan [11:06] would be provided for public [11:07] review and comment before being [11:10] submitted for consideration to [11:11] the Planning Commission. [11:11] The Land Use and Housing [11:12] Committee and the City Council. [11:13] The Department anticipates that [11:14] it can bring this item forward [11:18] later this year. [11:19] >> The Planning Commission [11:20] voted to recommend to the City [11:20] Council the approval of an [11:24] ordinance exempting areas and [11:24] phasing implementation of sb 79 [11:25] within Todd zoned citywide [11:29] inclusive of low resource [11:29] areas. [11:30] The motion further recommends [11:30] that should the Todd [11:33] alternative plan not be [11:34] approved as of APRIL 2027 staff [11:35] shall return to the Planning [11:36] Commission by MAY 2027 for [11:41] consideration. [11:42] City Planning Staff recommends [11:43] the approval of an orange to [11:45] phase the implementation of sb [11:46] 79 as proposed by city planning [11:50] staff and to exempt areas not [11:51] located near transit from sb [11:51] seven nine implementation as [11:53] provided for in sb 79. [11:54] >> This includes staff [11:55] presentation and where [11:56] available for any questions you [11:56] have. [12:01] >> Thank you. [12:01] All right. [12:02] Thank you very much for [12:03] the presentation. [12:06] Clerk Please proceed with [12:06] public comment. [12:07] >> Thank you. [12:07] Council PRESIDENT I'd like to [12:09] note that this item received [12:10] 281 comments in favor and 19 [12:14] comments in opposition via our [12:15] comment form which had been [12:15] distributed to City Council. [12:19] The public comment period is [12:19] now open. [12:20] We received 43 speaker slips [12:23] from individuals in chambers [12:24] and currently have six hands up [12:28] from those attending virtually [12:29] We will go to one minute per [12:30] person just friendly reminder [12:34] to individual seating. [12:34] Time to please raise your hand [12:35] when I call your name so we're [12:36] able to account for the slips [12:39] that you submitted. [12:39] We will begin with Doreen Diaz [12:40] pastor. [12:43] You have time ceded to you by [12:47] Terri Fowler. [12:52] >> Kimberly Roberts surely use [12:52] Thank you. [12:56] You have four minutes. [12:57] Please don't stop my cow. [13:01] Thank you. [13:02] Who is going to control my [13:02] projector? [13:06] Don't start my time. [13:06] Okay. [13:07] Can I go like this? [13:07] Just a slide. [13:07] Okay. [13:08] Okay. [13:10] Before you I don't want to [13:11] waste time waiting for my [13:11] slide. [13:12] Thank you so much. [13:17] So we can scroll this one. [13:18] Okay. [13:18] Okay. [13:23] The most important thing for [13:27] him is here right now Is that [13:28] we have a low resource area [13:29] with naturally occurring [13:32] affordable homes. [13:33] We still have some three [13:33] bedroom homes, two baths, [13:37] garage front yard backyard [13:40] renting at 2300 which is [13:41] the same rate of those horrible [13:45] 80 bonus. [13:50] We need what you had on You [13:54] have FEBRUARY 3rd 13th 2026 [13:55] Memo spoke about Lemon Grove [13:58] and I didn't see it during this [13:59] presentation or updated. [14:03] But because Lemon Grove is 35 k [14:04] the one you acquired to go half [14:07] a mile and going oh sorry a [14:08] quarter of a mile going a [14:11] quarter of a mile affects 70 [14:16] homes in Hamakua and going a [14:21] half a mile affects 307 low [14:21] resource homes. [14:29] So different 1717 versus 307. [14:30] I took a photo That blue dot is [14:34] the Lemon Grove station And you [14:35] look there they are all single [14:37] family homes exclusively. [14:42] >> There's no vacant lot. [14:43] >> So if you check we are ctca [14:47] is the resort area 17 streets [14:52] are affected that tamisha skip [14:56] that I don't have much time. [15:00] >> All of our streets are two [15:01] Main street lined on both sides [15:05] with cars. [15:06] >> We do not have any four lane [15:06] streets. [15:09] They are narrow street and of [15:14] the 17 streets we have 15 of [15:15] those street have most of [15:20] the homes in very high fire [15:20] zone. [15:20] >> The majority of those [15:25] streets are 100% of the homes [15:25] and only a few streets have [15:28] partial of the homes. [15:29] And in these two sectors which [15:34] is also uploaded let's go to [15:34] the next one. [15:39] So over here to verify [15:39] everything I'm saying you can [15:40] check this char. [15:43] You can count the homes. [15:44] We are going to be severely [15:47] impacted in less. [15:48] You lobby that the city of San [15:52] Diego will end up being [15:53] equitable with the city of [15:58] Lemon grow so that we can go [15:59] one fourth of a mile. [16:03] There is no other neighborhood [16:04] affected by the master to [16:09] the trolley station except for [16:09] the Hamsher neighborhood. [16:10] It doesn't affect Encanto, [16:13] doesn't affect Broadway. [16:14] It is exclusively ours and we [16:15] are low income and we have a [16:18] lot of steep hills. [16:19] I sent you all an email that I [16:20] would give you our personal [16:23] tour and my car to show you and [16:24] let you walk up these hills [16:27] yourself If you wanted to see [16:28] how steep they are All of us we [16:33] either drive to the trolley [16:33] station or we get dropped off [16:38] on a trolley station very few [16:38] or younger healthy or people [16:42] walk to the Massachusetts [16:43] trolley station. [16:44] The majority of our people if [16:48] you look at the census and I'm [16:48] talking this this sector we [16:52] have three centers because we [16:56] have 413 acres But in this [16:56] slanted 14202 it is a majority [17:00] of the homeowners are over 65. [17:01] So we are if you look at how [17:06] many seniors we have a lot of [17:07] senior homes and of course [17:11] the kids and their grandkids [17:11] and sometimes the great [17:12] grandkids because we have [17:16] multigenerational homes. [17:16] >> Thank you. [17:17] Thank you for your comment. [17:18] Our next speaker is Andrea had [17:21] the roof you have please please [17:21] come up. [17:22] Thank you. [17:25] You have as you're coming up [17:26] for those who have been in [17:26] chambers for the very first [17:30] time we have speakers in [17:30] the back So if they're in [17:31] the hallway or the bathroom [17:34] they can hear the testimony [17:34] going forward. [17:35] So I just want to be assured [17:36] that everybody is listening to [17:38] every comment irrespective of [17:39] whether they're in a seat or [17:43] they're just standing up. [17:43] Thank you. [17:44] Council PRESIDENT You have time [17:45] ceded to you by Susan Baldwin [17:48] Thank you. [17:49] Please comment I am in favor of [17:52] staff's recommendation to phase [17:53] in implementation of sb 79 [17:57] particularly as it regards low [17:57] resource areas additional [18:02] amenities should be in place [18:03] before up zoning low resource [18:07] areas because amenities [18:07] determine who is willing to [18:12] move into a community Low [18:13] resource areas need an increase [18:16] in that capacity before adding [18:21] more people investments in them [18:22] must be of sufficient scale and [18:25] prominence to signal [18:26] the stability that changes [18:26] the avoidance loop of higher [18:30] income residents. [18:31] This does not happen by [18:32] changing who lives there [18:36] immediately but by changing [18:40] what the place means as a [18:41] residential address so that [18:45] over time it can attract a [18:46] broader income mix and [18:50] the resources that come with [18:50] it. [18:54] Sb 79 confronts us with [18:54] generations of inequitable [18:59] planning in our land use system [19:03] The full five year phase in is [19:08] likely necessary to get this [19:08] right. [19:08] Thank you. [19:13] Thank you for your comment. [19:14] Our next speaker is Ethan Paul. [19:19] Please come up and following [19:20] Ethan follows Paul Is Zach [19:25] positive Carol if you can [19:25] please come up as well just [19:26] take a seat on the front row [19:30] Reserved seat You'll have one [19:35] minute. [19:35] >> Good evening. [19:36] Honorable Council PRESIDENT [19:40] LaCava and City Council members [19:40] . [19:41] My name is Ethan Paul and I'm [19:42] here on behalf of Build a City [19:45] a grassroots organization [19:45] focused on documenting [19:46] construction and development [19:49] here in our community. [19:50] San Diego has invested in fast, [19:54] frequent and reliable bus [19:54] routes but so many of my [19:58] friends and family can't afford [19:59] and don't have the opportunity [20:00] to live in the communities that [20:03] these routes have been built [20:03] in. [20:04] If we want more clean, safe and [20:08] affordable places for our [20:09] friends and family to live, [20:13] this city should take this [20:14] opportunity and recognize that [20:14] the busses and stops on El [20:18] Cajon Boulevard and University [20:19] Avenue qualify as Tier two [20:19] transit stops. [20:23] We have built a city. [20:24] Hope your decision today helps [20:24] make that future a more [20:25] affordable one. [20:29] Thank you for your time. [20:30] Thank you for your comment. [20:32] Zach DeFazio Pharrell, please [20:32] come up. [20:33] You have time ceded to you by [20:34] Daniel castelli. [20:36] Please raise your hand. [20:42] Keith Gupta Thank you, Tony. [20:42] Thank you. [20:46] Jason Vance. [20:47] Thank you. [20:47] Manny Rodriguez. [20:47] Thank you. [20:53] Jeffrey Crow. [20:53] >> Paul Jamison. [20:54] Thank you. [20:59] Carlisle Dockery. [20:59] >> No Carlos. [21:00] Okay. [21:04] Christina Hammond. [21:04] >> Hammond Thank you. [21:08] Chloe La. [21:09] Thank you. [21:09] Stephanie Palacio Thank you. [21:13] Guthrie Leonard. [21:14] >> Thank you. [21:18] Lucy Laugher. [21:18] Thank you. [21:19] Maxwell Gergen. [21:19] Thank you. [21:24] Thank you, MR. Blaine Wagner. [21:24] Thank you. [21:25] Paul Cortez. [21:28] Thank you. [21:33] Hunter Parker. [21:33] Thank you. [21:37] You have 15 minutes. [21:37] Please. [21:41] Please proceed to your comment [21:41] . [21:41] Thank you. [21:42] Thank you very much To [21:42] the council. [21:43] My name is Zach DeFazio. [21:46] Ferrell and the treasurer of [21:47] the Democrats of San Diego [21:48] County And I'm a member of [21:49] the Law and Policy team. [21:50] Next slide, please. [21:55] Next slide, please. [21:55] Thank you. [21:56] This is good. [22:00] So kind of a rhetorical [22:01] question but why are we here [22:01] today? [22:02] We have an ordinance in front [22:02] of us this evening regarding [22:04] how we're going to be phasing [22:05] sb 79. [22:10] And the issue for us is that [22:10] the city's current [22:11] interpretation of how this will [22:14] be phased only recognizes for [22:15] transit oriented development or [22:20] tod qualifying bus stops. [22:20] Yet we believe that there are [22:21] actually 48 bus stops and [22:24] they've left out of their [22:25] interpretation. [22:26] And so there should be a total [22:26] of 52. [22:30] We sent a formal letter to [22:31] the council asking for you to [22:31] reconsider particularly recital [22:34] e and the ordinance. [22:35] So we'll explain why all these [22:38] stops qualify and what you [22:39] councilmembers can do about it. [22:39] Next slide please. [22:43] Okay. [22:47] So the text of sd 79 requires a [22:47] full time dedicated bus lane or [22:52] up to the separate right of way [22:52] dedicated for public [22:53] transportation for a bus stop [22:57] to qualify for Tier two or [22:57] transit oriented development or [23:01] tod up zoning. [23:02] As I mentioned we disagree with [23:02] the city staff's [23:03] interpretation. [23:06] We don't think it's consistent [23:07] with California law nor is it [23:08] supported by the city's own [23:11] stated goals to increase [23:11] housing production. [23:12] And as we have come to [23:16] understand of the staff's [23:17] argument that these bus lanes [23:18] allow bikes and write turns [23:20] from other vehicles like [23:21] private vehicles at [23:21] intersections and thus they do [23:25] not qualify as dedicated bus [23:25] lanes. [23:26] Next slide please. [23:30] So there are three disputed [23:31] corridors in question. [23:35] The first is the El Cajon [23:36] Boulevard bus way that goes [23:39] from Elkhorn Boulevard or Park [23:40] Boulevard all the way to [23:43] roughly Fairmont the second [23:44] University Avenue from Florida [23:45] Street to Boundary Street and [23:45] Park Boulevard going from [23:49] upstream to City College [23:49] approximately. [23:53] Next slide please. [23:54] So how do these disputed [23:55] quarters qualify as full time [23:59] dedicated bus lanes? [23:59] Let's break this one down. [24:00] Next slide. [24:02] Argument number one [24:03] the disputed bus lanes are [24:03] factually full time. [24:09] Next slide, please. [24:10] So the disputed quarters [24:14] feature full time bus lanes [24:14] because they exist 24 hours of [24:15] the day. [24:19] They are not only to be used [24:19] during peak hours. [24:20] So this is a clear distinction [24:21] from bus lanes that might be [24:24] used during rush hour traffic [24:25] or something to that effect. [24:26] And there's a sign there in [24:29] that photo that's of the bus [24:30] lane on Park Boulevard south of [24:31] Upper Street, one of the ones I [24:31] mentioned. [24:33] Notice that sign says busses [24:34] only 24 hours. [24:35] It is a full time bus lane. [24:38] Next slide please. [24:39] Argument number two Existing [24:43] state law permits bikes and [24:44] other vehicles in dedicated bus [24:44] lanes when authorized. [24:48] >> Next slide please. [24:49] So the staff says the disputed [24:49] quarters don't qualify because [24:52] they'll outright turns and [24:53] bikes as I mentioned. [24:53] However, the California vehicle [24:57] code explicitly states that [24:57] lanes with these features still [24:58] qualify as transit only which [25:02] includes bus only. [25:03] And there are various [25:03] subdivisions of the vehicle [25:07] code that allow cities relevant [25:11] jurisdictions and relevant [25:12] transit agencies to establish [25:13] transit lanes together and to [25:17] authorize different kinds of [25:17] vehicles to use those lanes. [25:22] And it does not it does not [25:22] remove their qualifying nature [25:23] as some kind of bus or transit [25:27] lane. [25:27] And so three of the lanes [25:28] through the corridors we're [25:31] talking about all of them allow [25:32] private vehicles to pass [25:33] through them to make a right [25:33] turn at an intersection. [25:37] And a home boulevard bus way [25:37] and the University Avenue bus [25:41] lanes allow bicyclists to use [25:42] those bus lanes as well as [25:42] busses. [25:46] However, this does not mean [25:47] that they are not full time [25:50] dedicated bus lanes. [25:51] Next slide please. [25:54] Arguing number three Sandbags [25:55] Dedicated lanes Definition [25:55] allows non bus vehicles and [25:56] modes. [25:59] Next slide please. [26:00] So sandag has their own [26:04] definition of what? [26:05] And what they say are that [26:05] dedicated lanes are for [26:08] preferential or exclusive use [26:09] of transit services permitting [26:10] limited use by other vehicles [26:13] services and modes. [26:13] Right. [26:14] And all of these lanes do [26:19] permit again some kind of code [26:19] use. [26:20] >> Next slide, please. [26:23] And argument number four that [26:23] the statutes within sb 79 do [26:24] not require explicit [26:26] exclusivity for bus lanes. [26:27] Next slide please. [26:32] So sb 79 itself specifically [26:35] when it comes to the tier two [26:36] sort of tier tier of bus lane [26:40] standards doesn't say anything [26:41] about these bus lanes having to [26:42] physically exclude other kinds [26:45] of vehicles or bicycles or [26:46] anything of that nature from [26:46] using them. [26:50] In order to qualify it does do [26:50] so for Tier one. [26:51] None of which which does not [26:54] apply to any of these corridors [26:55] here. [26:55] But notice that for Tier one [26:59] what's required are separate [27:00] rights of way from which all [27:01] vehicular and foot traffic are [27:01] excluded. [27:04] Yet for the Tier two standard [27:05] they admit that language. [27:09] And we believe that it's it's [27:13] incorrect essentially to to [27:14] read into a meaning that [27:15] the legislature chose not to [27:19] include. [27:19] Next slide please. [27:20] Thus we can make a very strong [27:23] case here that the disputed [27:24] quarters qualify as full time [27:28] dedicated bus lanes. [27:29] They're full time. [27:29] They are dedicated according to [27:30] state law and according to [27:33] the city's own definition. [27:33] And they are bus lanes. [27:34] Next slide, please. [27:39] And we'll go into some [27:39] supporting evidence. [27:40] Next slide, please. [27:40] Okay. [27:43] So we've got city documents [27:44] that state that they are [27:44] dedicated and they are bus [27:45] only. [27:45] And there's a number of them. [27:49] This is a non-exhaustive list. [27:52] The city Transportation [27:52] Department of MAY 2019 which [27:53] studied the El Cajon it was a [27:54] pilot project for the Oklahoma [27:58] Boulevard bus lanes before they [27:59] were implemented the following [27:59] year. [28:02] We have mts website saying it [28:03] was a joint project between [28:03] mta, sandag and the city of San [28:04] Diego. [28:07] And for a University Avenue [28:08] mobility project which is [28:09] the what the University Avenue [28:12] bus lanes were called as part [28:13] of a larger project. [28:13] Those documents from the city's [28:17] engineering department call [28:18] them transit lanes along [28:19] University Avenue. [28:22] And they were marked as bus [28:22] only. [28:27] Next slide please. [28:28] And for Park Boulevard again, [28:29] the city's own documents call [28:33] them bus lanes. [28:33] And this is the it's called [28:38] Capital Improvement Project. [28:39] Was when they had to redo a [28:39] pipeline that's when they [28:42] created a class four buffered [28:42] bike bike lane next to the bus [28:43] lane. [28:43] And you could see the pictures [28:46] of them that I took myself [28:47] here. [28:48] And so we have various city [28:52] documents calling them what [28:53] they are dedicated bus lanes. [28:56] And so we essentially we're [28:57] the city is using its own logic [28:58] here to call them bus lanes. [29:01] But when it comes to promoting [29:02] sb 79, they're not designated [29:03] designating them as dedicated [29:06] bus lanes. [29:06] Next slide, please. [29:07] And then we've got oecd [29:07] guidance. [29:11] Next slide please. [29:12] And so it's really a memo [29:16] recently where they sort of [29:17] provided some guidance as to [29:18] how to interpret sb 79 and [29:21] the various tiers and what they [29:21] see here on the left [29:22] essentially is the bus service [29:24] meeting the standards of [29:25] paragraph one subdivision a of [29:26] section 21060.2 of the Public [29:30] Resources Code. [29:30] >> Full time dedicated bus [29:31] lanes or operation a separate [29:32] right of way dedicated for [29:34] public transportation. [29:35] Right. [29:35] Nothing about any kind of [29:36] physical exclusivity preventing [29:41] private vehicles from making [29:41] write turns or bicyclist from [29:42] using them. [29:42] And you see on the right we [29:45] highlight a small section there [29:46] qualifying bus service transit [29:46] oriented development stop at a [29:50] location with the bus stop is [29:51] adjacent to a full time [29:51] dedicated transit lane. [29:55] Next slide please. [29:56] And then we'll get into some [29:57] more supporting documents. [29:57] Next slide please. [30:01] This is from the Housing [30:01] Defense Fund letter. [30:02] They sent us this letter today [30:02] saying they agree with our [30:03] position. [30:06] They do know they do not want [30:06] the city to exempt any [30:10] qualifying sb 79 Tier two tier [30:11] two stops. [30:11] This would undermine [30:14] the purpose of sb 79. [30:15] It would frustrate the city's [30:16] housing goals. [30:20] And it would contravene state [30:20] law. [30:20] Next slide please. [30:24] So what can you do now? [30:25] Let's resolve this together. [30:25] Next slide please. [30:30] So our proposed solution is to [30:30] amend recital e of tonight's [30:31] ordinance. [30:35] We would like you to strike out [30:36] the current language as drafted [30:40] and replace it with something [30:40] very similar to what we've [30:41] proposed here or perhaps [30:41] exactly that which would [30:46] include corridor as mentioned [30:46] tonight. [30:47] And then this is a map here by [30:51] a group called Building Three [30:55] which includes the all of [30:56] the 52 stops along the three [30:56] corridors. [31:02] And that's sort of the blob in [31:02] the middle there. [31:03] Next slide, please. [31:07] And then the risk of doing this [31:07] wrong, right? [31:11] >> I mean essentially we've got [31:12] a lot of back and forth between [31:13] San Diego and the governor, [31:13] the current governor of [31:16] California starting JANUARY 1st [31:19] of of the following 27 to 9 [31:20] qualifying projects and high [31:21] resource areas is presumed to [31:21] violate the Housing [31:25] Accountability Act triggering [31:25] immediate financial penalties [31:26] which is a situation I don't [31:27] think any of us want the city [31:30] of San Diego to be in. [31:31] And so our our take on this is [31:32] that correct Correcting this [31:36] interpretation tonight can [31:36] prevent problems, number one. [31:37] And we certainly don't want to [31:38] be in a position where [31:41] the governor attempts to pull [31:42] funding because we're not [31:42] complying with state law. [31:50] Next slide please. [31:50] So we do want to ask you again [31:54] to please consider amending [31:55] recital e of tonight's [31:56] ordinance so that it's [32:00] consistent with state law and [32:00] that it's consistent with San [32:01] Diego's housing goals. [32:08] Thank you very much. [32:09] >> Thank you for your comment. [32:14] Just to just for the record, we [32:15] did receive a speaker slip [32:16] ceding time or to sacrifice [32:20] referral from an. [32:21] Thank you. [32:25] And next speakers Jeff Uter. [32:26] >> Please please make your way [32:27] up to the lectern You have time [32:31] ceded to you by Dean to give [32:31] it. [32:32] Thank you. [32:36] Can enrich Marie Yovanovitch. [32:36] Thank you Yvonne Jones. [32:41] Thank you, Pamela Biegel. [32:46] Thank you Kelly Trembling. [32:46] Thank you. [32:51] Gail Villa Monti. [32:52] I see you. [32:52] Thank you. [32:57] Winner. [32:57] Thank you, Angela. [32:57] Grazie. [33:02] Thank you, Luis So Heather. [33:03] Thank you, Corey Farris. [33:07] Thank you, Lori Heller. [33:08] >> Thank you. [33:08] You'll have 13 minutes. [33:12] Great. [33:12] >> Thank you, Council members. [33:18] And I appreciate you bringing [33:19] this forward this evening. [33:19] I know you're working on [33:23] the budget and we need to get [33:24] this done basically in order to [33:24] meet the JULY 1st deadline. [33:28] And by doing that it retains [33:29] the flexibility that the city [33:34] needs to continue to analyze [33:34] the capacity that we have with [33:35] our existing zoning and our [33:40] existing overlay programs and [33:41] then develop a further transit [33:45] alternative plan and do other [33:45] actions. [33:46] One of the things that I think [33:51] is important is that we you [33:51] know, with deference to [33:56] the reference to the previous [33:57] presentation, we don't have a [34:00] final map from sandag yet. [34:01] And I think one of the things [34:02] we've done with the resolution [34:06] and the ordinance is it it is [34:07] flexible as to it being an [34:08] overlay on whatever final [34:12] determination of the map is. [34:13] We think that the city's map is [34:17] generally accurate. [34:18] There will be some adjustment [34:18] because you have to get [34:19] the exact positions of [34:23] the stations and their extents [34:27] identified in order to draw [34:27] the 200ft areas around it, [34:28] the half mile areas around it. [34:32] But in general we think that [34:33] what was presented in the in [34:38] the staff memo is is fairly [34:38] close to what we're going to [34:39] see with with the final map. [34:44] But one of the questions are [34:45] that because we're waiting for [34:50] this final map, what have [34:50] developers do in the interim? [34:51] I mean as soon as the ordinance [34:55] goes into effect and people [34:56] start applying for projects and [35:01] that will be an issue. [35:01] You know, I think it's written [35:02] that way. [35:02] One of the things we are [35:06] unclear about is when we talk [35:07] about the effective date being [35:12] 30 days from the final adoption [35:12] of the ordinance. [35:13] Does that mean that project [35:18] still aren't allowed to be [35:19] submitted until JULY 1st or [35:20] projects will be submitted even [35:24] before the JULY 1st? [35:25] And so we we'd like some [35:26] clarity to that question just [35:27] to know exactly what we're [35:31] doing there. [35:37] If you go to the next slide I [35:38] think I cover that once you go [35:39] to the next slide. [35:43] >> So in this day and look what [35:44] the what the Planning [35:44] Department is proposing is a [35:48] fairly conservative approach to [35:49] this, a measured approach to [35:50] this And I think a lot of noise [35:54] has been made about how either [35:54] the city is shirking its [35:55] responsibility or delaying or [36:01] exempting state law was written [36:06] to allow cities to take a very [36:06] complicated law and implement a [36:07] phased approach And that's [36:08] exactly what the city is [36:12] proposing here. [36:13] So you know, again, we think [36:13] that's the right approach. [36:18] One of the key issues and there [36:19] was insufficient time to do [36:20] the full calculation Is there a [36:24] calculation that you do in [36:25] order to determine how much [36:29] additional density you need to [36:30] create through your transit [36:35] alternative plan? [36:36] And the calculation that's in [36:37] the staff report just shows you [36:41] underlined zone capacity. [36:42] So that's the 494,000 units [36:47] that are already zoned within [36:48] sb 79 areas versus [36:52] the calculated target that 180 [36:57] 861,000 while that remaining [36:57] 367,000 when we get done with [36:58] the with the complete community [37:04] calculation that alone will [37:05] probably exceed that 361,000. [37:05] And so what are the things that [37:09] will come out of this is in a [37:10] lot of these transit zones we [37:11] will have already satisfied [37:16] the requirement that sb 79 and [37:17] I think this comes up a lot [37:17] where we say well but we [37:21] haven't built all this but this [37:22] is a zoning process, not a [37:22] building process. [37:23] And so even though it looks [37:27] like we haven't built all this [37:28] capacity that we've created, we [37:29] have created this capacity and [37:33] with all deference to [37:34] the governor, San Diego is way [37:34] ahead of the rest of the state [37:39] When it came to creating a [37:39] transit oriented capacity. [37:50] If you go to the next slide so [37:51] sb 79 and a lot of ways is like [37:51] complete communities. [37:52] But if you really look at [37:56] the difference complete [37:57] communities even in the coastal [37:57] zone exceeds the minimum [38:02] requirements of sb 79. [38:03] And if you go anywhere else in [38:04] the in the city you can look at [38:09] that and then you know that [38:14] area you know Claremont [38:15] University City Mission Valley [38:20] and those areas we already [38:21] allow under sb under complete [38:22] communities we already allow [38:27] for a ratio of 4.0 which is [38:31] actually what the maximum would [38:32] be 200ft from a station under [38:33] sb 79 And we allow if you do a [38:38] rough calculation of assuming [38:38] 800 square foot units which is [38:42] fairly generous 160 units per [38:43] acre and in a major area where [38:48] this is going to be impacted [38:48] and that exceeds 140 200ft [38:49] away. [38:54] So there's not something where [38:55] we're preventing housing to be [38:56] built near transit. [39:00] We have something in place to [39:01] complete communities which [39:01] satisfies a lot of these [39:06] requirements And so the one [39:07] thing that the sb 79 does [39:12] the complete community does not [39:13] do is that it allows this [39:14] development not just to go into [39:18] minimum density area. [39:19] So complete communities is a [39:20] minimum of 20 units per acre [39:25] and sb 79 doesn't have any [39:25] threshold. [39:29] So where sb 79 developments are [39:30] going to leak out and this was [39:31] a big reason for excluding [39:35] the low resource areas here [39:36] it's going to leak out to [39:41] the areas that are low density [39:42] residential So it's going to [39:48] leak out to your low density [39:49] townhomes that are say low [39:49] three and it's going to go to [39:54] where our duplex homes are and [39:55] are go to our single family [39:55] homes. [39:59] And ironically it won't go [40:00] right next to the transit [40:05] because that will be areas that [40:06] you know be harder to do land [40:11] acquisition and generally have [40:12] higher requirements for other [40:18] other aspects of this If you [40:18] get to mid city not only is [40:19] the area that was shown by [40:24] the previous speaker generally [40:24] in low resource areas but it's [40:25] also areas that are already [40:30] covered at a six and a half for [40:31] by complete communities. [40:35] So we're actually asking in [40:36] some ways this 379 as a down [40:37] zoning from complete [40:42] communities in the mid-city [40:43] area And certainly when you get [40:46] downtown you know that we're [40:47] going to use sb 79 to build a [40:47] building downtown. [40:48] They don't even use complete [40:49] communities because of [40:53] the significant density that [40:53] we've already created in these [40:54] places. [40:58] So we really done pretty much [40:59] all the work. [41:00] The only thing I have to say [41:00] about the transit stops and we [41:04] actually met with Scott [41:05] Weiner's staff when they were [41:06] going through the bill to get [41:06] clarification of this And they [41:10] were clear that they didn't [41:11] consider shared bus bike lanes [41:17] to be eligible for sb 79. [41:17] In their mind it was dedicated [41:18] bus lanes. [41:19] The way to think about these [41:23] dedicated bus lanes it's a [41:23] train on tires right is [41:28] the idea is that you create [41:29] this capacity bus capacity so [41:30] that people can quickly move [41:35] along these dedicated bus ways [41:36] not just to get to the next [41:36] block on their street but to [41:41] get to where Jobcentres are And [41:42] just in the same way that we do [41:43] not let bikes on train tracks [41:46] on the trolley tracks the idea [41:47] is that they wouldn't be [41:47] allowed on bus rapid transit [41:48] routes either. [41:52] So again we'll wait to see what [41:53] the final determination is from [41:54] sandag but I think it's still [41:58] going to line closely with [41:58] this. [41:59] >> If you go to the next slide, [42:04] I'm not going to say a lot [42:05] about what the Planning [42:06] Commission proposed but I think [42:06] one of the things that's key is [42:10] they again they disregarded [42:11] the capacity that we're already [42:16] able to create in these areas [42:16] of complete communities already [42:17] covers all of the transit stops [42:22] that are in and districts [42:22] eight, nine and four. [42:28] And so you know, we think they [42:29] were kind of pushing for [42:29] something that we can already [42:30] accommodate in the interim [42:34] until we have the transit [42:34] oriented alternative plan [42:40] completed. [42:45] If you go to the next slide and [42:45] I'll just make one other [42:46] comment. [42:46] You know, again this [42:47] characterization that we're [42:50] that we're sort of slacking off [42:51] with this proposal, you know, [42:52] it just it doesn't hold against [42:56] the fact that we've already [42:57] done this years ahead of [42:57] the rest of the state and [43:03] therefore that gives us I think [43:04] the leeway to proceed with this [43:04] in a in a measured and sensible [43:09] way. [43:09] Again, just some [43:10] recommendations and again we [43:15] support the ordinance as it's [43:15] being presented to you today. [43:16] We hope that the council will [43:17] move that forward. [43:21] We would like clarification as [43:22] to what the real effective date [43:27] for project is and maybe maybe [43:27] it's already baked into [43:28] the ordinance but it sounded to [43:29] us as if you know you get done [43:34] with this now and in two weeks [43:34] you know that it MAY be, you [43:35] know, middle of JUNE before we [43:36] in place Now we're only talking [43:39] a couple of weeks at that point [43:39] so maybe it's not super [43:39] material. [43:40] The other thing though to [43:45] consider is what happens if [43:45] the state legislature decides [43:51] to postpone the go live date [43:51] for sb 79? [43:52] There is a bill in [43:53] the legislature that's asking [43:56] that this be extended to [44:01] JANUARY 1st of 2027 And I think [44:02] a lot of that is really just a [44:02] recognition of just how hard it [44:06] is to do it and I commend [44:07] the Planning Department for [44:08] being able to get all this work [44:13] done so quickly and putting us [44:14] in a position where we can work [44:14] through the rest of the details [44:19] afterwards. [44:20] There were some I just wanted [44:20] to call out also today or just [44:25] approving the memo and we need [44:25] to get that done. [44:26] I mean they have the ordinance [44:30] and we need to get that done [44:31] And I do think it's worth [44:31] looking back now after we get [44:35] this done at the FEBRUARY 13th [44:36] memo. [44:36] I think there are a lot of good [44:37] suggestions that the Planning [44:40] Department had because we've [44:41] been through the technical [44:42] details of what it means to do [44:42] a one mile walking path to [44:47] transit The staff recommended [44:53] effects that I think addresses [44:53] situation not just during [44:54] the period when we're [44:59] restricting the resource areas [44:59] but beyond that. [45:00] So I just think there's a lot [45:05] of thoughtful material in there [45:06] that we think would be good to [45:11] to send forward and you know [45:12] with all things you know we [45:17] there's you you know, kind of [45:18] the concept of of good planning [45:23] and good design and the set up [45:23] input requirements for [45:24] objective design standards in [45:28] these in these in these laws [45:29] And hopefully at some point [45:29] we'll look at those as well. [45:35] Again, I thank you for your [45:36] time tonight. [45:36] Maybe you get more people here [45:37] If you had bobbleheads for [45:40] the council members that might [45:41] be something to consider going [45:41] forward. [45:42] But otherwise thank you for [45:46] your time. [45:47] >> At least you didn't call us [45:48] bobbleheads so I'm grateful for [45:52] that. [45:53] For the fall we have four [45:54] speakers and in-person speakers [45:54] remaining in chambers with [45:58] the following individuals make [45:59] their way to the front seat of [45:59] the chambers that is Paul [46:00] cookin. [46:03] We have allegedly Audra Paul [46:09] Kruger and Mary Soriano Paul [46:10] Cook and you have time ceded to [46:11] you by Christian Anderson Thank [46:16] you. [46:17] Please make your way up to [46:17] the lectern and you MAY proceed [46:18] with your comment. [46:22] You'll have two minutes. [46:23] >> Thank you. [46:23] Good evening. [46:24] My name is Paul Colgan. [46:27] I'm secretary at the City [46:28] Charter Community Planners [46:28] Committee. [46:29] The cpc supports the Planning [46:33] Department's original phased [46:34] implementation approach and [46:34] urges the City council to adopt [46:35] it without the Planning [46:36] Commission's amendments which [46:40] would undermine the city's [46:41] ability to face implementation [46:42] responsibly and measured fees [46:46] in particularly in low resource [46:46] communities and high fire [46:47] severity zones allows the city [46:51] to align infrastructure, safety [46:52] planning and community impacts [46:53] before increasing density. [46:59] San Diego has seen what happens [46:59] when density policies are [47:00] implemented too quickly without [47:00] sufficient planning. [47:04] Whether through a bonus [47:04] outcomes or neighborhood level [47:05] parking infrastructure strength [47:10] these are lessons learned not [47:11] obstacles to progress. [47:11] The path is to use [47:12] the flexibility provided to [47:16] implement what state law [47:17] requires and allows including [47:17] the alternate Tommy cpc [47:22] respectfully urges you to adopt [47:23] the staff recommendations as [47:24] proposed without amendment and [47:24] to adjust implementation if [47:28] the State modifies or delays [47:28] the law. [47:29] >> Thank you. [47:29] Thank you for your comment. [47:33] We have our next speaker [47:33] allegedly. [47:39] You'll have one minute. [47:46] >> The other significant You [47:47] guys have four people on [47:47] the dais right now. [47:47] In the back. [47:51] They're in the back. [47:52] >> Again, you don't have a [47:53] quorum or anything about that [47:57] So it is so you can do business [47:58] without a quorum all the time [48:02] on a regular basis. [48:03] >> So you guys continue to do [48:08] business illegally when you [48:09] don't have a quorum. [48:10] I called this out several [48:10] times. [48:11] You've escorted me out by [48:14] the police. [48:15] How are you guys doing business [48:15] like this when you do not have [48:16] a quorum? [48:21] I'd like to use my time [48:21] elsewhere but it's like I don't [48:22] know how many times I need to [48:27] see this happen And have you [48:28] continue business When I've [48:32] invoked Robert's Rules of Order [48:33] . [48:34] The police have witnessed this [48:34] and you guys continue business. [48:35] This is why you can't be [48:39] trusted especially when you're [48:40] We're talking about a bill from [48:40] Scott Wiener who's a pedophile. [48:41] That's a problem. [48:45] And the fact that you guys have [48:45] done this time and again [48:46] without a quorum thank you for [48:50] your time. [48:51] Your time has elapsed. [48:52] You can't address it and say [48:52] that we don't have a quorum and [48:53] we can continue business. [48:56] You literally have to stop [48:57] the meeting. [48:57] >> Please can you please [48:58] address this because this [49:02] continues to happen and it's [49:03] illegal for you to continue to [49:03] do business Joe without a [49:08] quorum present at the die is [49:08] not in the back Not going to [49:13] the bathroom at right up here. [49:14] >> I'm serious. [49:14] This is very concerning when [49:19] this is the third time not only [49:20] yesterday you did it three [49:20] times. [49:21] >> Okay, You're going to make [49:21] me do this. [49:22] This is your first, right? [49:25] Because I'm addressing [49:26] the rules of conduct and your [49:31] ability to do business without [49:32] a quorum. [49:32] >> Okay? [49:33] All these people out here are [49:34] patiently spending their [49:37] Thursday night There Can't do [49:38] business like this That is [49:38] illegal. [49:39] >> They have to have by people [49:39] up there. [49:40] Don't make me do this. [49:43] You've made your point. [49:44] >> We're moving on So So are [49:49] you not going to address [49:50] Vivian? [49:51] >> You just left her order out [49:51] a quorum. [49:54] Turn the mike off. [49:55] >> Do you want to be escorted [49:55] out again like Molina? [50:00] You got to keep it And you're [50:06] making me a criminal. [50:07] I told you to not do business [50:07] with four people. [50:09] You've made your point. [50:10] I'm going to conduct your [50:20] business in legal detail. [50:29] Yeah, I can get if you want to [50:31] have Like I said, I don't say [50:32] that you're disruptive because [50:38] you work for $17 million. [50:39] Okay? [50:44] You can kick me out of your [50:51] business and you can not be [50:51] detained without parole. [50:52] Why are you going to continuing [50:58] to buy you go through for [51:17] the gentlemen you think you can [51:17] . [51:18] Okay, we're going to leave [51:19] the dais right now and please [53:19] work [54:52] on that number [55:10] and [55:46] the anticipation and okay, five [55:46] minutes is up again. [55:52] My apologies to those of you [55:52] who are spending your personal [55:53] time here in chambers. [55:53] >> The recess is over. [55:56] Clerk Please call the roll [55:56] again. [56:04] Councilmember Campbell Campbell [56:04] you're here. [56:09] Councilmember Whitburn [56:10] Councilmember Foster [56:10] Councilmember one Wilpert [56:15] Council PRESIDENT Pro Tem Lee [56:15] Councilmember Campo [56:16] Councilmember Moreno Present [56:18] Councilmember Abel Rivera and [56:19] Council PRESIDENT MacArthur [56:25] PRESIDENT All right with that I [56:25] think we were still in [56:26] the middle of public comment, [56:26] correct? [56:31] >> We have two speakers left in [56:31] chambers starting with Paul [56:32] Kruger. [56:36] Please come up to the lectern [56:37] You have time ceded to you by [56:40] Sage Gonzales Walden Thank you [56:47] Dorothy James and Mary Young. [56:47] You'll have four minutes. [56:52] Please proceed. [56:52] Thank you. [56:53] Well, first I just wanted to [56:58] make a clarification on [56:59] the write in comments that [57:00] you've received As a clerk [57:04] noted earlier received 219 [57:05] comments in favor of the staff [57:11] proposed phasing and 19 [57:11] opposed. [57:17] But if you look at the 19, only [57:17] five of them actually oppose [57:18] the phase in and support [57:22] the full and immediate [57:26] implementation of sb 79 At [57:27] least ten of those in fact are [57:28] writing to say they oppose any [57:33] implementation of sb 79. [57:34] So just to clarify that, I just [57:39] want to make a couple of [57:40] general points based on lessons [57:40] learned from the six years [57:44] we've been trying to talk about [57:45] how to sanely grow San Diego. [57:46] The first is any time we hear [57:51] about a half mile or anything [57:52] that the crow flies we should [57:57] not be talking that way. [57:58] We know that from our [57:58] experience in Claremont and [58:03] Granville where I live in San [58:04] Diego Talmage that a half mile [58:05] as the crow flies can mean a [58:10] mile and a half as anybody [58:10] could get from one place to [58:11] the other. [58:15] And I just think it's important [58:16] that we acknowledge that [58:21] Problem number two, it took us [58:22] six years to persuade [58:27] the council about the problems [58:28] of the overzealous [58:29] implementation of the bonus [58:33] radio program And we all know [58:37] that it wasn't until [58:38] the District four homeowners [58:44] and renters faced the reality [58:48] of ten, 12, 14, 1735, 103 [58:49] backyard units and these people [58:50] of color and these people of [58:55] moderate to low income came [58:55] forward and said not in our [59:00] backyard. [59:01] And Councilmember Foster took [59:05] up their cry and persuaded five [59:06] of you that this voluntary [59:07] program was wrong and it needed [59:11] to be reined in. [59:12] And I think the lesson learned [59:13] from that is that we have to [59:17] give very, very much thought [59:18] and deliberation to what we're [59:23] doing when we make rules or [59:24] incentives for builders that [59:29] allow them to build [59:30] developments of this size and [59:35] mass this sb 79 which I opposed [59:41] would allow within a half a [59:41] mile of a transit stop someone [59:46] to build a 5 or 6 story [59:46] apartment building on a block [59:47] of single family homes that [59:52] already don't have enough [59:53] parking in cul de sacs And this [59:58] has a devastating impact on [59:59] these neighborhoods And you [1:00:00] have heard firsthand in such [1:00:04] persuasive language that [1:00:05] the most ardent supporter of [1:00:05] high density COUNCILMAN Eli [1:00:11] Rivera referred to these [1:00:11] builders as predators. [1:00:16] Lastly, I'd like to thank [1:00:17] the Planning Department for its [1:00:17] deliberate review and its [1:00:23] recommendations and I'd like to [1:00:23] thank all of you for listening [1:00:24] to what the community has to [1:00:28] say. [1:00:29] And I'd like just in my closing [1:00:34] words to remind you that [1:00:34] building near transit in San [1:00:35] Diego does not mean you don't [1:00:40] have a car. [1:00:41] It's just common sense. [1:00:46] 3 to 5% of people can do [1:00:47] without a car here or forced to [1:00:48] do without a car. [1:00:48] If you want to build big, build [1:00:53] big but don't say people don't [1:00:54] need a car. [1:00:55] >> Thank you for your comment [1:00:55] And our final speaker in [1:01:02] chambers is Mary Soriano. [1:01:03] Mary, you'll have one minute. [1:01:04] Please proceed. [1:01:08] Mary three on El Presidente [1:01:09] your town council San Diego a [1:01:10] very critical crossroads. [1:01:15] Sb 79 at least 65ft high 120 [1:01:19] unit times that by nine city [1:01:19] council members equals 1080 [1:01:23] units for one transit oriented [1:01:24] development per district. [1:01:29] Super conservative numbers Our [1:01:30] city faces an $8 billion five [1:01:31] year capital improvement [1:01:35] project funding deficit. [1:01:36] And every day we delay that gap [1:01:41] grows wider while our streets, [1:01:42] our roads, pipes and public [1:01:43] infrastructure continue to [1:01:43] deteriorate. [1:01:47] This is your moment. [1:01:48] You have the responsibility to [1:01:49] make recommendations that are [1:01:50] thoughtful, safe and fiscally [1:01:54] honest with the residents who [1:01:55] trust you. [1:01:55] San Diegans deserve [1:01:56] infrastructure that works. [1:02:00] They deserve streets they can [1:02:01] drive safely Water systems that [1:02:01] don't fail, electric grids that [1:02:06] don't become overloaded and [1:02:07] public spaces that reflect [1:02:08] the city with fire to be. [1:02:12] Thank you for your comment. [1:02:13] This concludes in-person public [1:02:13] testimony. [1:02:14] I will now start the five [1:02:15] minute timer for the virtual [1:02:19] queue going to those [1:02:19] participating remotely. [1:02:20] Currently there are 13 [1:02:21] individuals with their hands up [1:02:23] wishing to speak starting with [1:02:30] Adrian Chowdhry. [1:02:31] I've asked you to unmute We'll [1:02:35] have one minute from now. [1:02:35] Good evening. [1:02:46] I would like to. [1:02:46] Good evening. [1:02:52] I think this this is becoming [1:02:53] an implementation by the city [1:02:58] is very is a bit disappointing [1:02:58] that it doesn't include the bus [1:03:04] stops that are on clearly [1:03:05] obvious bus lanes on Elkhorn [1:03:06] Boulevard and University Avenue [1:03:06] that should be included from [1:03:10] the get go and we should not [1:03:11] have to wait for the state to [1:03:14] come back and say that we're [1:03:14] violating sb 39 because [1:03:15] the city is refusing to look at [1:03:21] it properly although that 70% [1:03:25] of zone zones having to wait [1:03:26] until 2031 to be considered. [1:03:27] It's kind of pathetic. [1:03:32] I hope the I hope that [1:03:33] the board and the council would [1:03:34] reconsider the implementation [1:03:34] plan. [1:03:37] Thank you. [1:03:38] Thank you for your comment. [1:03:39] Our next speaker up is Leaf [1:03:39] concert. [1:03:47] You have one minute for [1:03:47] concert. [1:03:54] I've allowed you to talk. [1:03:55] >> I cannot move for you. [1:03:58] Star six five Accept. [1:03:59] Yeah. [1:03:59] Good evening. [1:04:00] My name is my friends. [1:04:00] I'm the vice PRESIDENT All [1:04:06] the right as the I'm right at [1:04:06] the policy function that was [1:04:07] sent out to city council [1:04:13] beforehand and all the groups [1:04:13] else I thought I'm just going [1:04:16] to take some all kinds of [1:04:16] backgrounds And we all urged [1:04:17] the City council to adopt a [1:04:18] proper interpretation of [1:04:24] the bus lanes which is done [1:04:25] full time. [1:04:26] Boston's not just one of our [1:04:29] extended sample of all have [1:04:29] alcohol and University Avenue [1:04:30] and the proper bus lanes we [1:04:35] need housing desperately need [1:04:35] housing everywhere and [1:04:36] the transit system can get [1:04:41] people to willing to go there. [1:04:42] There's enough capital and [1:04:43] capacity and it's not enough to [1:04:48] be public transport. [1:04:48] I also asked people and you on [1:04:49] this topic and you don't want [1:04:50] to get into lots some of [1:04:52] the states it's going to be [1:04:53] costly and we're trusting [1:04:54] efficient cities implement [1:05:00] the best the best bus route [1:05:01] information best possible Also [1:05:01] on the commission we took [1:05:03] center at the time I'm going to [1:05:08] be 79 city wide until 22 set up [1:05:08] . [1:05:09] Our next speaker is Victoria [1:05:09] Brousseau. [1:05:13] You'll have one minute. [1:05:14] >> Please proceed with your [1:05:14] comment. [1:05:14] Good evening. [1:05:20] This is Victoria Brazeau, chair [1:05:20] of the cbc still looking for a [1:05:21] seat at the table. [1:05:22] I would have come in person but [1:05:26] has told me it would take an [1:05:27] hour so the bottle heads must [1:05:27] be popular, Bill ponders Paul [1:05:30] Coogan provided cbc [1:05:31] the official comment Thank you [1:05:31] Paul. [1:05:32] But I want to emphasize [1:05:33] the main issue tonight is [1:05:36] whether implementation of sb 79 [1:05:37] will be done responsibly. [1:05:38] Communities across San Diego [1:05:38] have already experienced [1:05:42] the unintended consequences of [1:05:43] land use changes being [1:05:44] implemented faster than [1:05:44] infrastructure and community [1:05:49] planning could keep pace. [1:05:50] For example, the impacts [1:05:51] associated with Footnote seven [1:05:54] and the city's 8080 bonus [1:05:55] program. [1:05:55] That is why the Planning [1:05:56] Department's phased [1:06:01] implementation approach matters [1:06:01] especially in very high fire [1:06:02] severity zones and low resource [1:06:03] resource communities. [1:06:07] I respectfully urge the City [1:06:07] Council to support the staff [1:06:08] recommendation without [1:06:08] the Planning Commission's [1:06:13] requested amendments. [1:06:13] Thank you very much. [1:06:14] Have a great evening. [1:06:14] Thank you for your comment. [1:06:18] Our next speakers Blair Bateman [1:06:19] You'll have one minute. [1:06:19] Please proceed with your [1:06:25] comment. [1:06:25] >> All right. [1:06:25] Where? [1:06:26] Bateman I'm just more listening [1:06:30] on this item. [1:06:31] I wanted to say that I'm here [1:06:31] participating and listening and [1:06:37] interesting public comment. [1:06:38] I'd be interested to hear what [1:06:38] City Council will have to say [1:06:42] on this item. [1:06:43] I really good luck in working [1:06:44] on truly affordable housing [1:06:44] with this item and for [1:06:49] the Claremont and College areas [1:06:54] and upcoming needs here and I'm [1:06:55] really a big fan of mixed [1:06:55] income housing that can bring [1:06:56] all levels of income into a [1:07:01] building. [1:07:01] I don't think we've quite [1:07:02] explored that concept enough. [1:07:03] Hopefully we can start thinking [1:07:03] of that more. [1:07:06] I think it can offer a lot [1:07:07] better future flexible choices [1:07:07] and good choices for ourselves. [1:07:12] So good luck with that and I [1:07:13] think we do have to work on [1:07:13] the quorum issues a bit. [1:07:16] I think there has to be at [1:07:17] least five people even if [1:07:18] you're going in the back to do [1:07:24] things right there has to be [1:07:24] five on the dias. [1:07:25] I can write you a letter. [1:07:25] We can talk more about this. [1:07:26] Let's hope we work on it. [1:07:29] Thank you. [1:07:29] Thank you for your comment [1:07:30] before me. [1:07:30] Next before we go to the next [1:07:33] speaker, I'd like to know that [1:07:33] the five minute timer has [1:07:34] expired and we have 11 [1:07:34] individuals in the queue. [1:07:38] No other speakers will be taken [1:07:39] for this item The next the next [1:07:44] individual Spring Springs. [1:07:45] You'll have one minute Please [1:07:50] proceed to your comment. [1:07:51] Heather My name is Tim [1:07:51] Bernstein. [1:07:52] I'm glad that we are addressing [1:07:53] Gaspe 79 in the city and I want [1:07:56] to say a few things. [1:07:56] First we should accelerate all [1:07:57] of the delays. [1:07:57] We should not be delaying sb [1:07:58] 79. [1:08:02] We need the housing capacity to [1:08:02] be unlocked as soon as [1:08:03] possible. [1:08:03] That means the low resource [1:08:04] areas need to be accelerated. [1:08:07] Additionally, as you do, [1:08:08] Democrats did a great job of [1:08:08] explaining. [1:08:09] We also need to include [1:08:09] the University Avenue Park [1:08:15] Boulevard and Oklahoma [1:08:15] Boulevard bus lanes as well. [1:08:16] They are included in [1:08:17] the definition actually called [1:08:17] Star witness. [1:08:20] I was myself and they told me [1:08:21] it should be included in their [1:08:21] clean bill. [1:08:22] They would have an amended that [1:08:22] would include explicitly it [1:08:23] goes with the spirit of [1:08:23] the law. [1:08:26] This is not a loophole is [1:08:26] absolutely what was intended by [1:08:27] the lawmakers when they were [1:08:28] legislating. [1:08:31] Additionally the infrastructure [1:08:32] is already up to par. [1:08:33] This area was down zoned in 80s [1:08:33] and the infrastructure was [1:08:37] built up with the intention of [1:08:38] high density housing from [1:08:38] the get go. [1:08:39] So any arguments that [1:08:39] the infrastructure wouldn't [1:08:44] support this is probably false [1:08:44] . [1:08:45] We also need to unlock this [1:08:45] housing capacity because it's [1:08:46] free money for the city from [1:08:47] taxes because it's closer to [1:08:50] the city and denser it's more [1:08:50] tax efficient and therefore [1:08:51] better for the city and more [1:08:52] for you for your comment. [1:08:55] Your time has elapsed Going to [1:08:56] the next speaker Sharon Gill [1:08:56] you'll have one minute. [1:09:02] Please proceed. [1:09:02] My name is Sharing Dale. [1:09:08] I went after the city council [1:09:09] pass this ordinance When they [1:09:10] start to look at high fliers of [1:09:14] the historic resources we need [1:09:14] to put public safety first [1:09:20] The safest buildings in a park [1:09:21] or the newest ones because [1:09:21] they're built to strict new [1:09:25] fire codes The most dangerous [1:09:26] buildings are the oldest ones [1:09:27] go to old codes old craftsman [1:09:32] homes where the most likely to [1:09:33] burn in the fire because they [1:09:33] have flammable wood siding, [1:09:37] single pane windows shattered [1:09:38] And why these They caught [1:09:38] the flames. [1:09:39] We need to allow owners of [1:09:43] historic resources to replace [1:09:44] single pane windows and [1:09:44] flammable wood siding or [1:09:49] replace the whole building with [1:09:50] a safer new building. [1:09:51] The larger the percentage of [1:09:55] new buildings in [1:09:56] the neighborhood, the safer [1:09:56] the neighborhood will be in [1:09:57] fire. [1:09:57] It's another form of herd [1:10:01] immunity. [1:10:02] The city needs to put public [1:10:02] safety first by allowing safer [1:10:07] housing for public transit. [1:10:08] Thank you for your comment. [1:10:08] Your time has elapsed. [1:10:13] Our next speaker is Shaquille. [1:10:13] You'll have one minute. [1:10:14] Please proceed with your [1:10:18] comment. [1:10:26] Shaquille have allowed you to [1:10:26] talk. [1:10:27] I cannot me for you Please [1:10:28] press star six if you are on [1:10:31] the phone I'm sorry to hear me [1:10:32] now. [1:10:32] Yes. [1:10:32] Please proceed. [1:10:38] I am a 30 year resident of San [1:10:43] Diego and I support the we [1:10:43] change the wording around [1:10:44] the bus stations around [1:10:45] University Oklahoma to maximize [1:10:49] the amount of housing there. [1:10:50] San Diego is currently losing [1:10:50] population and middle class [1:10:55] That's a middle class Schools [1:10:56] are losing children They can't [1:10:56] really without really no [1:11:01] children support the current [1:11:02] budgets turned budget step by [1:11:08] money to get to the schools [1:11:08] allowing more more people a lot [1:11:09] more houses around more trains [1:11:13] and a lot more families to send [1:11:14] each other to school by [1:11:14] bathrooms, by trolley routes. [1:11:15] And there are a lot of schools [1:11:19] for not that far from trolley [1:11:19] routes. [1:11:25] I have a a for which the reward [1:11:31] for the rewarding of certain [1:11:31] the certain language in [1:11:32] the bill. [1:11:32] Thank you thank you for your [1:11:37] comment going to our speaker [1:11:41] crypto Bradley 200 you'll have [1:11:42] one minute please proceed. [1:11:43] >> Thanks for taking my call. [1:11:48] I think you guys got to slow [1:11:49] the roll down and implement [1:11:53] this in my neighborhood they [1:11:54] put in those 15 a to use and [1:11:55] they're just starting to read [1:11:59] It's a nightmare man Slow roll [1:12:00] down And then also in soccer [1:12:04] game if you mess up with a game [1:12:05] they give you a yellow card and [1:12:06] they give you another yellow [1:12:07] card And then if you're acting [1:12:12] weird that you do the red card, [1:12:13] maybe next time you have to get [1:12:14] a person out of their regular [1:12:18] Rick you got the yellow card [1:12:18] one but another yellow card [1:12:19] interface and then get the red [1:12:23] card and then get a wheelchair [1:12:24] Those things and they roll them [1:12:29] out and strap them in and just [1:12:30] walk out and give her like [1:12:31] about a week off or something. [1:12:32] That's a lot because it's just [1:12:35] you know, steady yelling at her [1:12:38] And the Padres are tied game [1:12:39] bottom of the first man You [1:12:40] guys should have the padre game [1:12:40] on tv up there to make it [1:12:45] lighter but to slow the roll [1:12:45] down on implementing this [1:12:46] program man it's not good Your [1:12:46] time lapse. [1:12:51] Thank you for that. [1:12:51] We have Tom White on Natural. [1:12:52] You'll have one minute. [1:12:56] Please proceed. [1:12:57] Thank you. [1:12:57] Hi, my name is Tom Michael [1:12:58] Nagle and I call on the city [1:13:03] council to implement sb 79 on [1:13:04] the university our bus lanes [1:13:09] and Oklahoma Boulevard And I [1:13:09] call on the City Council to [1:13:10] implement sb seven nine in low [1:13:11] resource areas as soon as [1:13:15] possible to create even greater [1:13:15] economic opportunities for our [1:13:16] citizens and businesses and [1:13:21] bolster our communities. [1:13:21] Building greater density in [1:13:22] these areas will contribute [1:13:27] even further the great strides [1:13:28] San Diego has made in [1:13:28] increasing our housing supply [1:13:29] and increasing it further will [1:13:30] greatly improve [1:13:33] the affordability of housing [1:13:34] for all in the community. [1:13:35] High middle low income and [1:13:39] those without housing will all [1:13:40] benefit from these [1:13:40] improvements. [1:13:45] This rising San Diego tide will [1:13:46] lift all of its citizens and [1:13:46] businesses ships. [1:13:51] >> Thank you for your time. [1:13:52] Thank you for your comment. [1:13:53] Our next speaker virtual [1:13:53] speakers Tracy Thompson. [1:13:57] Tracy Thompson. [1:13:57] You'll have one minute. [1:13:58] Please proceed with your [1:13:58] comment. [1:13:58] Yes. [1:14:04] Please proceed. [1:14:04] My name is Tracy Thompson. [1:14:05] I just want to urge the city to [1:14:06] implement sb something on as [1:14:09] quickly as possible with as few [1:14:10] as possible and to push towards [1:14:11] the bus lanes being properly [1:14:15] handled on university. [1:14:16] Have another Bloomberg I just [1:14:17] find it that I find it strange [1:14:17] that for a large major [1:14:20] metropolitan area like San [1:14:21] Diego we don't have a high [1:14:22] focus on increasing density in [1:14:28] our urban areas and by proxy [1:14:28] increasing transit access to [1:14:29] that theme. [1:14:33] My comment does I conclude your [1:14:39] comment Yes thank you very [1:14:39] much. [1:14:40] The next speakers d m you'll [1:14:45] have one minute Please proceed [1:14:45] . [1:14:46] >> Thank you Counsel My name is [1:14:46] Daniel Mollett. [1:14:47] I live in San Diego. [1:14:50] I'm better for normal heights. [1:14:51] I just wanted to comment about [1:14:52] the implementation of 79. [1:14:56] I'm calling in strong support [1:14:57] of correctly implementing it [1:14:58] according to state law. [1:15:01] As you know our cities and [1:15:02] housing crisis I think building [1:15:03] more homes in high frequency [1:15:03] transit areas like Oklahoma [1:15:08] Boulevard University Avenue and [1:15:09] Park Boulevard is exactly what [1:15:09] we need. [1:15:13] You know, California's actually [1:15:14] losing residents And if we [1:15:15] continue down this path [1:15:21] the electoral College is going [1:15:21] to make it impossible for [1:15:22] Democrats to even have a chance [1:15:23] of winning the presidency even [1:15:25] with the blue wall. [1:15:26] So this is this is a microcosm [1:15:33] of that And we should be [1:15:34] pushing forward to let as many [1:15:35] people live where they want to [1:15:35] live. [1:15:36] It's possible to live the kind [1:15:38] of life they want to live, put [1:15:39] them in a place where they're [1:15:40] going to get to work as easily [1:15:40] as possible. [1:15:44] This is the obvious policy I [1:15:45] hope you guys don't delay it. [1:15:46] Thank you very much for your [1:15:46] time. [1:15:47] Thank you for your comment. [1:15:50] Our next speaker saw that [1:15:50] thought you'll have one minute. [1:15:51] Please proceed with your [1:15:55] comment. [1:15:56] Council members Thank you to [1:15:57] the Planning Department for [1:15:57] their hard work on this [1:16:04] important plan. [1:16:04] Sb 79 will allow more homes [1:16:05] near transit and I think that [1:16:09] being more quickly phased in [1:16:10] those that agree with that can [1:16:14] be done so that we should also [1:16:15] include these high capacity [1:16:15] bike lanes. [1:16:16] One of the biggest mistake when [1:16:21] it comes to housing is [1:16:21] infrastructure. [1:16:22] The best way to build housing [1:16:23] therefore is allowing the high [1:16:26] frequency transit by about 50 [1:16:26] minutes which is large amount [1:16:27] of people already living in [1:16:31] these areas just grocery stores [1:16:31] . [1:16:32] The library is the perfect [1:16:33] place to add more housing [1:16:37] housing fundamentally is good. [1:16:38] I think some people get it [1:16:38] wrong and believe that adding [1:16:39] more housing is a bad that [1:16:45] they're harmed by existence. [1:16:46] Expensive housing housing is [1:16:46] more neighbors in need, more [1:16:47] affordability. [1:16:49] It means that we all get to [1:16:49] live here, our children get to [1:16:50] live here and we get to build a [1:16:51] society together. [1:16:54] I want to emphasize housing is [1:16:55] good. [1:16:55] >> Thank you. [1:17:00] Thank you for your comment. [1:17:00] Moira Tan you'll have one [1:17:01] minute Please start your [1:17:05] comment. [1:17:13] Moira Martin I've asked you to [1:17:14] mute I cannot unmute for you if [1:17:23] you're on a phone Star six by [1:17:23] three will be able to hear me. [1:17:24] >> Yes. [1:17:24] Please proceed. [1:17:25] Thank you. [1:17:28] Thank you. [1:17:29] Good evening. [1:17:29] Council PRESIDENT LaCava and [1:17:30] Council members Thank you. [1:17:34] The City Planning Department [1:17:35] for your thought partnership [1:17:35] here too. [1:17:36] >> My name is Mary Tan and I'm [1:17:37] a District five a San Diego [1:17:40] resident calling in strong [1:17:40] support of the correct [1:17:41] implementation of Senate Bill [1:17:41] 79. [1:17:47] >> San Diego is in a housing [1:17:48] crisis building homes near high [1:17:48] frequency transit corridors [1:17:51] pick up the fungo Harvard [1:17:52] University Avenue in Park [1:17:52] Boulevard is exactly what our [1:17:57] city needs more affordable [1:17:58] options, less traffic, cleaner [1:18:03] air and stronger neighborhoods [1:18:03] . [1:18:04] Tonight you have a simple [1:18:08] opportunity to unlock up to 48 [1:18:08] additional bus stops for [1:18:09] transit oriented housing at no [1:18:14] cost to the city simply by [1:18:14] adopting a legally sound [1:18:15] reading of the law. [1:18:15] The California's own vehicle [1:18:20] code already supports Governor [1:18:20] Newsom is watching. [1:18:21] Our residents are watching. [1:18:26] We believe this council can [1:18:27] rise to the moment. [1:18:27] Please adopt the new Democrat [1:18:28] proposed amendments and [1:18:32] recognize these before we [1:18:32] comment. [1:18:33] >> Qualifying Corridor c are [1:18:34] second to the last speaker is [1:18:37] phone number ending in two [1:18:38] eight 700 You'll have one [1:18:39] minute Please proceed with your [1:18:48] comment. [1:18:49] >> Phone number ending in 28 [1:18:56] 700 I've ask you to unmute if [1:18:57] you are that phone oh we could [1:19:01] hear you now you'll have Yes [1:19:02] You didn't say my phone number [1:19:06] correct. [1:19:10] >> Do we have a phone number [1:19:10] ending in 28700? [1:19:17] >> That's not me. [1:19:18] This is what we have on a kill [1:19:19] I feel I speak This is joy that [1:19:21] it is me Yes please please [1:19:22] proceed. [1:19:22] Okay. [1:19:23] But are you just starting my [1:19:24] time now? [1:19:30] Please. [1:19:30] >> You have one minute. [1:19:31] We've started the timer. [1:19:31] Okay. [1:19:36] Thank you, Joy. [1:19:37] Senator, this is only from [1:19:37] the staff report. [1:19:41] I didn't understand the city [1:19:42] most minister approved. [1:19:47] I'm concerned about public [1:19:48] hearings and also opting to [1:19:51] implement sb 79 on Marketplace [1:19:56] and Fordable homes First and [1:20:01] high highest and moderate [1:20:02] resource areas will support [1:20:02] fair housing. [1:20:03] I didn't understand that with [1:20:07] regard to low resource areas [1:20:08] anticipating come in to ongoing [1:20:15] community plan Page I at City [1:20:16] and Otay Mesa next door I [1:20:18] didn't understand in that I [1:20:19] would really like all of us to [1:20:23] think about clarifying what [1:20:24] affordable housing is [1:20:25] affordable housing work. [1:20:29] I don't think we still [1:20:29] understand it fully So cpc [1:20:30] thank you for your vote of [1:20:35] equal 28 in support. [1:20:35] Thank you for your comment. [1:20:39] Your time is up to our In our [1:20:40] final speaker on the virtual [1:20:45] queue is Bruce Coombs. [1:20:45] >> You'll have one minute [1:20:46] Please proceed. [1:20:51] Thank you Briskin Secretary [1:20:51] Director Saber Heritage [1:20:52] Organization. [1:20:52] We support the staff [1:20:56] recommendation without [1:20:56] the recommendations from [1:20:57] the Planning Commission we [1:20:58] believe staff did a very good [1:21:01] job of explaining the ordinance [1:21:06] which allows for the exactly [1:21:07] what they proposed including [1:21:12] phasing out the low resource [1:21:17] areas and the fire impacted [1:21:18] areas. [1:21:19] So we think it's very important [1:21:19] to do this right, particularly [1:21:24] with the low end or low [1:21:24] resource areas. [1:21:25] They do not have the amenities [1:21:28] and the infrastructure to [1:21:29] properly support this year and [1:21:34] plus in those areas we have to [1:21:35] be very careful that we don't [1:21:39] eliminate the actual affordable [1:21:39] housing, the naturally [1:21:40] occurring affordable housing. [1:21:40] So we have to plan this [1:21:44] correctly and I think the staff [1:21:45] did a very good job of [1:21:49] explaining why it seems [1:21:50] the Planning Commission chose [1:21:50] to ignore it. [1:21:50] >> Thank you. [1:21:55] Thank you for your comment and [1:21:55] that concludes the public [1:21:56] testimony and item 600. [1:22:00] Thank you Council PRESIDENT All [1:22:00] right. [1:22:01] Thank you for that. [1:22:02] Thank you everybody that took [1:22:02] the time to show up in person. [1:22:03] Thank you. [1:22:05] Those who call in and a special [1:22:06] shout out for those of you that [1:22:07] showed up just to give your [1:22:10] time to somebody else longer [1:22:11] presentations are much more [1:22:12] effective than the one minute [1:22:16] speeches that we sometimes [1:22:17] force you to do And it's good [1:22:22] to see you all have friends [1:22:23] even Paul and Jeff to drag [1:22:26] individuals out here Late night [1:22:26] to do that. [1:22:27] So anyway, this is coming [1:22:31] direct to city council [1:22:32] Otherwise I normally would have [1:22:33] gone to the chair of our land [1:22:37] use and housing but council [1:22:38] member council PRESIDENT Pro [1:22:39] Tem is not here so I will take [1:22:43] the lead on this So I'll start [1:22:43] out with one of the callers [1:22:44] that housing is good. [1:22:45] You know what else is good [1:22:47] Planning is good and I am so [1:22:48] impressed by the city as [1:22:52] someone who actually came out [1:22:53] of the industry who understands [1:22:57] what city planning is all about [1:22:58] And I don't think there is any [1:22:59] city up and down the state of [1:23:00] California that has been more [1:23:03] aggressive in being a pro [1:23:04] housing in increasing density [1:23:05] and doing every community plan [1:23:09] Update and creating more [1:23:09] opportunities for housing to be [1:23:10] built whether it gets built, [1:23:14] whether a developer can make a [1:23:15] project and solve something [1:23:15] else. [1:23:19] But and a lot of the density [1:23:19] that we've increased was just [1:23:20] sitting fallow for a few years [1:23:20] now. [1:23:24] A lot of the actions we took in [1:23:24] certain areas nothing's moved [1:23:29] in that area But I appreciate [1:23:30] Heidi and your team at City [1:23:34] Planning dropping the work that [1:23:35] you should be doing to respond [1:23:35] to a state mandate. [1:23:39] That's where we live right now. [1:23:40] So this is the law We have to [1:23:41] comply And I'm glad that nobody [1:23:45] actually was challenging sb 79. [1:23:45] It's the law. [1:23:46] We're trying to figure out how [1:23:50] to do that And I believe city [1:23:50] planning is in fact acting [1:23:51] within the specific areas [1:23:54] allowed for phasing under state [1:23:55] law. [1:23:56] >> And again I'm going to one [1:24:00] of the things that everybody [1:24:01] got nervous about sb 79 I [1:24:01] appreciated that unlike most [1:24:05] language coming out of [1:24:06] Sacramento, that is just a [1:24:07] blunt tool being applied [1:24:11] statewide that is really [1:24:12] intended for those cities that [1:24:13] aren't building housing, that [1:24:16] aren't doing the zoning that [1:24:17] needs to be done. [1:24:21] Sb 79 in its final form came in [1:24:22] a way that allowed a local [1:24:22] tailoring to make it fit with [1:24:27] where we're at to recognize [1:24:27] the community plan updates that [1:24:28] we're doing that we've done and [1:24:31] we're doing and tailor it more [1:24:32] surgically rather than more [1:24:37] bluntly So for the folks [1:24:37] there's a lot of you here and [1:24:38] called in stating that the city [1:24:39] is not going far enough [1:24:42] including by including eligible [1:24:42] bus stops. [1:24:43] City Planning has done a [1:24:47] thorough analysis with [1:24:51] the caveat that the sb 79 did [1:24:52] require the MPOs sandag in our [1:24:56] case to release their maps and [1:24:57] they have not done that yet. [1:25:02] And if those map if the map [1:25:02] released by sandag is different [1:25:03] than what we're talking about [1:25:07] today, the sandag map will [1:25:07] prevail. [1:25:08] >> Is that correct, sir? [1:25:08] Yes. [1:25:11] Council PRESIDENT The recital [1:25:12] in the ordinance specifically [1:25:16] recital f specifically notes [1:25:17] that the city will implement [1:25:17] the coyote stops identified by [1:25:21] sandag when they released [1:25:21] the map. [1:25:22] I do want to note that since sb [1:25:26] 79 was put into law our staff [1:25:27] has coordinated closely with [1:25:28] staff at sandag and our [1:25:31] interpretation to our knowledge [1:25:32] as of today has remained [1:25:36] consistent with the stops [1:25:37] Again, if they do put out a map [1:25:41] that is different this [1:25:42] ordinance takes that into [1:25:43] account by specifically stating [1:25:45] that the city will implement [1:25:46] the three stops identified in [1:25:49] the sandag map the statute [1:25:50] under sb 79 is very clear that [1:25:51] the map that is produced by [1:25:52] the Regional Planning [1:25:55] organization is the map that [1:25:56] will control. [1:25:56] >> Okay. [1:26:00] Thank you for that. [1:26:01] So I want to give you Heidi or [1:26:04] whoever the opportunity because [1:26:05] a number of public commenters [1:26:09] have said we got that wasn't [1:26:14] interpreted correctly that some [1:26:15] of those other areas besides [1:26:16] what you do and actually what I [1:26:16] wanted I remember you gave a [1:26:19] memo about 79 that gave us all [1:26:20] a heads up if I remember [1:26:24] correctly You got some guidance [1:26:24] from cd and you revised your [1:26:29] memo to where this action today [1:26:29] is consistent with. [1:26:33] >> So can you speak about a [1:26:34] little more of your [1:26:34] interpretation of why what's in [1:26:37] front of us today actually [1:26:38] meets 79 Yes So as soon as sb [1:26:42] 79 went into law we have been [1:26:42] meeting with staff and [1:26:43] coordinating with staff from [1:26:43] other jurisdictions that are [1:26:47] subject to the requirements as [1:26:48] well as staff from our regional [1:26:48] planning organization so that [1:26:49] we could ensure that we would [1:26:52] have a consistent [1:26:52] interpretation. [1:26:53] Each city did issue guidance. [1:26:56] They do not specify specific [1:26:57] stops within each of [1:26:57] the jurisdictions so it is [1:27:01] still up for interpretation But [1:27:01] their guidance was largely [1:27:02] consistent although provided a [1:27:06] little bit more clarity with [1:27:06] respect to a bus rapid transit [1:27:10] It is very clear to me that all [1:27:11] of City of San Diego's existing [1:27:12] trolley stops are qualifying [1:27:15] transit stops under the bill [1:27:15] With respect to bus rapid [1:27:16] transit stops The statute [1:27:20] refers to another section which [1:27:21] identifies the requirement for [1:27:25] full time dedicated bus lanes [1:27:26] or operation and a separate [1:27:27] right of way dedicated for [1:27:30] public transportation. [1:27:31] And then there's frequency [1:27:35] requirements The bus rapid [1:27:35] transit stations meet the 15 [1:27:39] minute frequency requirements [1:27:40] but our staff reviewed them. [1:27:40] We did identify four stops [1:27:44] based off of that additional [1:27:45] eight city guidance and [1:27:45] additional discussions with [1:27:46] sandag staff and identified [1:27:50] those additional four stops [1:27:50] which was released in [1:27:51] the second memo to the Council [1:27:54] and the other stops and we [1:27:55] determined were not full time [1:27:56] dedicated lanes. [1:27:59] We have sent staff out and [1:28:00] observed bikes in their [1:28:04] vehicles turning into the lanes [1:28:05] but you will see that the four [1:28:05] stops that have been included [1:28:09] on the maps are full time [1:28:13] dedicated bus lanes or in a [1:28:14] separate right of way dedicated [1:28:14] for the public transportation. [1:28:18] I do want to note that there [1:28:19] was not very much time [1:28:19] relatively speaking under [1:28:23] the state law for staff to do [1:28:23] this. [1:28:24] I do want to commend my staff [1:28:28] That was able to not only do a [1:28:29] full analysis of the bill but [1:28:32] coordinate with our city [1:28:33] attorney's office who has been [1:28:33] very helpful in its [1:28:38] interpretation as well as with [1:28:38] our regional planning partners [1:28:39] at sandag. [1:28:39] >> Okay, I appreciate that And [1:28:43] it's times like this that [1:28:43] always reminded how [1:28:44] uncomfortable how unhelpful [1:28:47] the English language is because [1:28:48] language that is actually [1:28:52] legally binding is used just as [1:28:53] much in a staff report or a [1:28:53] reference, right? [1:28:57] >> And it confuses us all. [1:28:58] So the arguments were very [1:29:01] compelling with the exception [1:29:02] that the definitions I think [1:29:06] are more compelling than [1:29:07] the reference in a memo or a [1:29:08] staff report and how people [1:29:12] speak including myself too [1:29:13] casually at times. [1:29:13] >> Council PRESIDENT If you [1:29:17] don't mind I would also defer [1:29:17] to the city attorney to provide [1:29:18] additional thoughts. [1:29:18] There was some reference [1:29:22] material provided that we [1:29:23] received today that cites other [1:29:27] statutory provisions and defer [1:29:28] to the city attorney if they [1:29:28] have anything to add. [1:29:29] Thank you. [1:29:31] Okay. [1:29:32] I would ask Deputy City [1:29:33] Attorney Shannon Meyer please [1:29:39] to respond. [1:29:39] Thank you. [1:29:40] As you as Heidi said, this is [1:29:44] not legally defined but staff's [1:29:45] interpretation is reasonable [1:29:49] based on the three use Courtney [1:29:49] shared with state the state [1:29:53] agencies Cdw's guidance memo [1:29:53] and the practical application [1:29:54] of the language As the City [1:29:58] Planning Department stated if [1:29:59] the it does release a map that [1:30:00] includes any teary stops that [1:30:02] the city did not include, [1:30:03] the city is required to amend [1:30:07] it so that it is consistent [1:30:08] with sandbags map I did want to [1:30:09] state that the vehicle code [1:30:12] cited regulates this evening. [1:30:13] It regulates parking and [1:30:17] citation procedures and right [1:30:17] side of the road driving [1:30:18] procedures and is a different [1:30:21] legal statute that's not [1:30:21] applicable to sb 79. [1:30:22] >> Okay. [1:30:26] Thank you for scrambling and [1:30:27] doing that analysis and taking [1:30:28] the input seriously enough to [1:30:31] to review that. [1:30:32] >> So continuing. [1:30:32] So again City Planning is doing [1:30:36] thoughtful work that takes into [1:30:37] account context context that [1:30:38] state legislators themselves [1:30:40] thought was important. [1:30:41] Sea level rise historic [1:30:41] resources very high fire [1:30:45] severity zones and low resource [1:30:46] communities. [1:30:47] And so they've done this same [1:30:51] thoughtful work when we did [1:30:52] the general plan community plan [1:30:52] updates and numerous housing [1:30:56] production programs, numerous [1:30:57] housing production programs [1:31:01] that have made us a statewide [1:31:01] example. [1:31:02] And it's good policy to [1:31:02] carefully consider the impacts [1:31:03] on each of those areas and [1:31:06] particularly the low resource [1:31:07] areas. [1:31:07] As we heard in some of [1:31:11] the opening comments, I think [1:31:12] the comments made by the group [1:31:14] from Hampshire aligns with what [1:31:15] we are doing here tonight. [1:31:19] Is that right? [1:31:20] >> Yeah, the city planning [1:31:21] department is recommending and [1:31:24] I want to be clear the city [1:31:25] planning department is not [1:31:25] recommending exemption of [1:31:26] the areas The city planning [1:31:29] department is recommending that [1:31:30] we take the additional time to [1:31:34] do the thoughtful planning to [1:31:35] be able to engage with a low [1:31:38] resource community that has [1:31:39] experienced injustices from [1:31:44] past zoning actions and any [1:31:44] opportunity to identify how [1:31:49] this new development can best [1:31:49] improve those communities. [1:31:50] I think it's very important [1:31:53] especially as part of our [1:31:54] obligations to affirmatively [1:31:55] further for housing not just in [1:31:58] terms of the housing outcomes [1:31:58] but in terms of the inclusive [1:31:59] engagement process that that [1:31:59] takes. [1:32:03] >> Okay. [1:32:03] Thank you for that. [1:32:04] Yeah, I think that is [1:32:05] particularly important. [1:32:05] I think we're learning some [1:32:08] valuable lessons over the past [1:32:09] few years and your leadership [1:32:13] and the mayor's leadership in [1:32:13] finally beginning to address [1:32:14] some of those historic issues. [1:32:17] I suspect Councilmember Foster, [1:32:18] if he was here would speak [1:32:22] eloquently about that much [1:32:22] better than I can. [1:32:23] And the context is we're just [1:32:27] slowing it down and planning be [1:32:28] thinking more carefully And if [1:32:31] I remember your and your [1:32:32] explanations we're going to hit [1:32:37] the same dance or the same unit [1:32:37] count that sb 79 calls for. [1:32:38] We're just going to be more [1:32:42] thoughtful about where those [1:32:42] units actually could happen. [1:32:43] >> Yes, that is correct. [1:32:47] So staff's proposal is in line [1:32:48] with sb 79 which specifically [1:32:51] set forth the tod alternative [1:32:52] plan process as well as [1:32:53] specifically identified low [1:32:57] resource areas to be phased as [1:33:00] long as it occurs within one [1:33:00] year of the city's housing [1:33:01] element. [1:33:01] The city's housing element [1:33:04] needs to be updated in 2031. [1:33:05] We anticipate that we will [1:33:06] address it during that time. [1:33:10] I do want to note that the 2031 [1:33:10] or 2032 date because you have [1:33:13] one year after 2031 does not [1:33:14] mean that it won't be phased in [1:33:18] in other areas in a lot of [1:33:18] instances the densities [1:33:19] required under sb 79 already [1:33:19] exist. [1:33:22] The City Planning Department [1:33:23] and the City Council have [1:33:24] adopted many community plans [1:33:27] and up zoning over the past [1:33:28] just several years that far [1:33:28] exceed the sb 79 densities. [1:33:33] So it is not a it is not a full [1:33:34] delay because some are already [1:33:37] in place. [1:33:38] In addition to that, [1:33:39] the Mid-City communities as [1:33:42] well as Otay Mesa Nester have [1:33:43] large low resource area [1:33:47] populations and census tracts. [1:33:48] We are currently updating a [1:33:48] three thoughtful planning [1:33:49] process the Mid-City [1:33:52] Communities Plan update which [1:33:53] we anticipate bringing forward [1:33:54] to this Council within a year [1:33:57] and we will address sb 79 [1:33:58] through that thoughtful [1:33:58] planning process. [1:34:03] In addition, we've received [1:34:03] grant funding for Otay Mesa [1:34:04] Necessary Community Plan [1:34:04] Update. [1:34:06] This is very exciting. [1:34:07] We plan we have a signed grant [1:34:10] agreement and we will have [1:34:11] the opportunity to engage with [1:34:12] the community with respect to [1:34:13] the implementation in that [1:34:16] community prior to 2032. [1:34:21] >> Okay, more density than [1:34:22] actually would be required [1:34:22] under sb 17. [1:34:23] I heard that correctly. [1:34:23] That is correct. [1:34:26] In many instances. [1:34:26] >> Many instances. [1:34:27] Okay. [1:34:31] So I'm going to wrap up if I [1:34:32] can take my three minutes with [1:34:32] a couple of things. [1:34:36] >> One, the question that I [1:34:37] think Jeff asked about when can [1:34:37] you actually submit a project [1:34:41] under sb 79 sb 79 goes into [1:34:42] effect on JULY 1st. [1:34:46] >> So regardless of [1:34:46] the effective date of [1:34:47] the city's ordinance then [1:34:47] application will not be [1:34:51] eligible for it until that [1:34:51] time. [1:34:52] >> Okay. [1:34:52] All right. [1:34:53] I hope that answers your [1:34:55] questions. [1:34:56] I'm going to comment and we'll [1:34:56] follow up later. [1:34:59] Sb 79 has provisions for [1:35:03] affordability components as [1:35:04] much as 13%. [1:35:05] As we actually developed this [1:35:09] out, what I want to know is can [1:35:12] we exempt sb 79 projects from [1:35:13] in lieu fees? [1:35:17] Because I'm really frustrated [1:35:17] that we don't get [1:35:18] the affordable for truly [1:35:22] affordable units When we get [1:35:23] these higher density projects [1:35:26] we get an accumulation of [1:35:27] dollars that hopefully someday [1:35:28] will produce a truly affordable [1:35:32] someplace. [1:35:33] But is that that's not an item [1:35:36] that's not up for tonight but [1:35:37] is that a conversation we can [1:35:37] have? [1:35:38] Yeah, I appreciate [1:35:41] the thoughtful question and I [1:35:41] look forward to more [1:35:46] conversations about these very [1:35:46] nuanced and important issues [1:35:47] that do affect outcomes in [1:35:47] the community. [1:35:51] The opportunity to address that [1:35:52] is through the tod alternative [1:35:52] plan process. [1:35:52] Okay. [1:35:55] I appreciate your careful [1:35:55] answer to that question. [1:35:55] Okay. [1:35:56] With that I think I've gone [1:36:00] through all my points and [1:36:01] questions but with all that I [1:36:01] will move the staff [1:36:05] recommendation and we will now [1:36:05] go to Council member Campbell. [1:36:06] >> Thank you so much. [1:36:10] Council PRESIDENT And thank you [1:36:10] staff. [1:36:11] Thank you so much. [1:36:14] You've worked so hard on this I [1:36:15] know and have been dealing with [1:36:19] Sacramento quite a bit to get [1:36:24] everything ironed out and [1:36:24] explained as much as possible [1:36:25] without the sandag maps [1:36:28] available. [1:36:29] And so I am happy to second [1:36:33] the motion and move this item [1:36:34] forward. [1:36:34] It gives the city maximum [1:36:39] flexibility ity as this new [1:36:40] state law comes into effect and [1:36:44] really appreciate all your hard [1:36:44] work on it. [1:36:45] So I'm very much in support of [1:36:49] staff's recommendation and [1:36:49] thank you. [1:36:50] >> All right. [1:36:50] Thank you Councilmember [1:36:51] Campbell. [1:36:54] So you have a motion by myself [1:36:54] and a second by Councilmember [1:36:55] Campbell to move the staff [1:36:56] recommendation. [1:36:58] We will go next to Council [1:36:59] member Whitburn. [1:36:59] Thank you. [1:37:00] Council PRESIDENT I very much [1:37:00] want to thank the Planning [1:37:03] Department. [1:37:04] Sb 70 died was an unexpected [1:37:07] and significant lift for a [1:37:08] department already working [1:37:09] through a full work plan. [1:37:12] I also want to thank everybody [1:37:13] who took the time to come to [1:37:13] tonight's meeting and share [1:37:17] your perspectives on the matter [1:37:18] before us this evening as [1:37:22] the presentation described must [1:37:22] be submitted. [1:37:23] It requires cities to approve [1:37:24] certain housing projects worth [1:37:27] at a quarter or a half mile of [1:37:28] major transit oriented [1:37:28] development stops outside [1:37:32] the zone for residential mixed [1:37:32] or commercial development. [1:37:33] It's a Diego that meets our [1:37:36] trolley stops and a small [1:37:37] number of dedicated bus lane [1:37:41] sites that is targeted transit [1:37:41] focused growth. [1:37:46] That is exactly where we should [1:37:47] be building housing. [1:37:47] I have listened carefully to [1:37:50] the comments about how we [1:37:51] defined full time dedicated bus [1:37:55] lanes which corridors should [1:37:59] qualify as transit oriented [1:38:00] development stops. [1:38:01] I appreciate the thoughtfulness [1:38:05] of the argument put forward by [1:38:06] the Democrats and I find them [1:38:09] persuasive. [1:38:10] I do understand how reasonable [1:38:11] people could reach different [1:38:14] conclusions about which [1:38:15] corridors should qualify. [1:38:19] As tod stops but the change [1:38:20] being requested [1:38:20] the presentation by the b [1:38:24] Democrats is specific to three [1:38:24] corridors that are either [1:38:29] entirely within my district or [1:38:30] which extends from District [1:38:31] three to Councilmember Isla [1:38:34] Rivera's district District [1:38:34] nine. [1:38:35] When I look at those bus lanes [1:38:39] on Park Boulevard University [1:38:43] Avenue at El Codelco Boulevard [1:38:44] ,I have always thought of them [1:38:44] as designated transit only [1:38:48] lanes. [1:38:49] I think most District three [1:38:50] residents see that as [1:38:53] designated transit only late [1:38:54] from the day they were [1:38:55] installed to today and this is [1:38:58] certainly where we want to be [1:38:58] building housing. [1:38:59] It is exactly where we need to [1:39:05] be building additional housing [1:39:05] . [1:39:06] I'm not going to get to [1:39:07] the question about low resource [1:39:07] areas. [1:39:08] I will defer to [1:39:10] the councilmembers whose [1:39:11] districts are most impacted by [1:39:11] that. [1:39:15] But my district is most [1:39:16] impacted by facilitating [1:39:16] density along Alcohol Boulevard [1:39:20] University Avenue and Park [1:39:20] Boulevard. [1:39:21] We heard from a lot of people [1:39:22] for District three this [1:39:22] evening. [1:39:27] We want this a big ride to ask [1:39:28] for it a bit bit but I want to [1:39:30] ask the planning Department [1:39:30] first. [1:39:35] I would like to propose making [1:39:36] the what a bit better was [1:39:36] suggested a better dig recital [1:39:39] e and replacing it with [1:39:40] the language that would include [1:39:43] all bus stops served by full [1:39:44] time dedicated bus lanes at [1:39:45] Alcohol Boulevard University [1:39:49] Avenue and Park Boulevard. [1:39:50] With bus service operating at a [1:39:50] frequency of 15 minutes or less [1:39:53] during weekday peak commute [1:39:54] hours And I want to ask if [1:39:59] there is any downside to doing [1:39:59] that. [1:40:00] And here's part of the reason [1:40:03] why Ultimately whether we use [1:40:04] the original language or [1:40:05] whether we use the amended [1:40:09] language that I'm suggesting [1:40:10] we're going to do whatever said [1:40:10] that decides. [1:40:15] So what would be the harm? [1:40:15] It amended this to reflect and [1:40:18] to communicate to say I'd like [1:40:19] what we want with [1:40:20] the understanding that we will [1:40:20] be about to say a dags decision [1:40:25] Either way. [1:40:26] >> So I will in a minute defer [1:40:30] to the city attorney on this [1:40:30] specific language including [1:40:31] the references to the vehicle [1:40:31] code. [1:40:35] Which the city attorney has [1:40:36] advised are not applicable to [1:40:40] the sb 79 interpretation. [1:40:40] With respect to identification, [1:40:45] we do clearly state in Recital [1:40:46] f that we will use the standing [1:40:46] map. [1:40:49] It has been our understanding [1:40:50] that the language that we have [1:40:51] included in Recital e is [1:40:54] consistent with the sandag [1:40:55] interpretation although we do [1:40:59] not have the final maps. [1:41:00] I don't I haven't had an [1:41:04] opportunity to play out [1:41:04] the potential consequences of [1:41:05] that. [1:41:08] The map that is attached to [1:41:09] the ordinance that exempts [1:41:12] areas outside of the one mile [1:41:13] walk does not incorporate [1:41:13] those. [1:41:14] So I would say that that could [1:41:16] be a potential in consistency [1:41:17] that we do not have available [1:41:18] tonight for this council. [1:41:22] But I also defer to the city [1:41:22] attorney for their thoughts as [1:41:31] well as the City Planning [1:41:32] Department said ultimately if [1:41:36] we did amend the recital and [1:41:37] wait on sand bags [1:41:40] interpretation if they [1:41:41] disagreed or agreed considering [1:41:45] the maps are not being amended [1:41:46] tonight, it's very likely we [1:41:47] would have to bring it back to [1:41:51] clean it up with the map adding [1:41:51] all of those additional tmd [1:41:52] stops. [1:41:56] I also want to point out that [1:41:56] sb 79 requires the city to [1:42:01] submit the ordinance to cd for [1:42:02] review and approval and they [1:42:05] have not seen the addition of [1:42:06] this language. [1:42:06] If each city disagrees with [1:42:10] the addition of the vehicle [1:42:10] code that will have to come [1:42:11] back to city council no matter [1:42:15] what to be amended. [1:42:16] >> So that's just something to [1:42:16] consider. [1:42:17] So it would just have to go [1:42:20] back to city council if they [1:42:20] disagree? [1:42:24] >> Correct. [1:42:29] >> Well, I'm willing to propose [1:42:30] the amendment because I think [1:42:33] there is value in communicating [1:42:40] what we want And if there is [1:42:40] one thing that say Diego is a [1:42:44] bit clear about it is that [1:42:44] the cost of living is too high [1:42:48] and that the cost of housing [1:42:53] needs to be moderated and [1:42:54] the way we could do that is by [1:42:55] building more housing and [1:42:57] particularly in the places that [1:42:58] could accommodate more density [1:43:02] and particularly a log transit [1:43:03] corridors and Alcohol Boulevard [1:43:04] University Avenue and Park [1:43:08] Boulevard are perfect examples [1:43:08] of where we should be building [1:43:12] more housing and I hope that [1:43:17] said Dag and the oecd will see [1:43:22] it the same way. [1:43:23] So I will ask the maker of [1:43:27] the motion understanding that [1:43:28] said Dag is going to make [1:43:31] the determination either way [1:43:32] whether you would incorporate [1:43:37] into the motion the abatement [1:43:37] to include San Diego trolley [1:43:42] stops at all bus stops served [1:43:43] by a full time dedicated bus [1:43:43] lane Side Boulevard University [1:43:46] Avenue Park Boulevard with bus [1:43:47] service operating at a [1:43:48] frequency of 15 minutes or less [1:43:51] during weekday peak commute [1:43:51] hours. [1:43:54] >> Councilmember Whitburn This [1:43:55] is going to be the second [1:43:56] hardest thing I did tonight. [1:43:56] I'm going to respectfully [1:43:57] decline. [1:44:00] I appreciate what city planning [1:44:01] has brought forth. [1:44:05] Somebody raised the question [1:44:05] Why are we here? [1:44:06] We don't do meetings on [1:44:07] Thursday nights and make [1:44:10] everybody come back. [1:44:11] I'm concerned about not getting [1:44:15] this locked in before JULY 1st [1:44:16] so that the totality of what [1:44:19] we're bringing forward if we [1:44:20] want to come back and amendment [1:44:24] amend this later if we want San [1:44:25] that goes in that direction. [1:44:29] You'll have my full support but [1:44:29] I want to maintain [1:44:30] the integrity of this with and [1:44:34] not risk the very narrow [1:44:34] timeline we have to actually [1:44:39] get this ordinance adopted at [1:44:39] its second reading before JULY [1:44:40] 1st and get it into h City's [1:44:40] hands. [1:44:44] So I appreciate you MAY not [1:44:44] like that. [1:44:45] I know the crowd is not going [1:44:48] like that but that's really [1:44:48] the reason I'm going to stand [1:44:49] behind City Planning's [1:44:53] recommendation and I understand [1:44:53] that. [1:44:54] I appreciate that and I respect [1:44:54] your rationale for that. [1:44:58] I certainly we respect our [1:45:03] planning department and if [1:45:03] there's one thing that our [1:45:04] planning department has [1:45:06] consistently said it's proposal [1:45:12] and I appreciate that [1:45:12] understanding that this will [1:45:13] not be incorporated into [1:45:16] the motion tonight. [1:45:22] Let me just say to say that as [1:45:22] the council member for District [1:45:23] three it on behalf of Betty [1:45:26] Berry of Bike constituents we [1:45:27] would very much appreciate your [1:45:31] consideration of incorporating [1:45:36] the changes that have been [1:45:36] discussed here to your ultimate [1:45:37] decision. [1:45:41] We think it is the right thing [1:45:41] to do. [1:45:42] We think it is the right thing [1:45:42] to do for housing. [1:45:43] We think it is the right thing [1:45:45] to do for transit and we think [1:45:46] it is the right thing to do for [1:45:47] San Diego's. [1:45:47] >> Thank you. [1:45:49] Council PRESIDENT. [1:45:53] >> I think Councilmember Weprin [1:45:54] I'll give him a bigger round of [1:45:55] applause. [1:46:05] He deserves more. [1:46:06] A fearless and a tireless [1:46:11] advocate for a housing as we [1:46:12] can see in many, many parts of [1:46:12] District three. [1:46:16] With that we will go next to [1:46:17] Councilmember Yvonne Wolford. [1:46:20] >> Thank you very much and [1:46:21] thank you to our planning [1:46:25] department for doing this work [1:46:25] . [1:46:26] Thank you to everybody who's [1:46:26] come in to weigh in on this and [1:46:27] the very thorough analysis [1:46:30] which you gave. [1:46:31] I mean I also tend to agree [1:46:32] with Councilmember Whitburn [1:46:35] that these are dedicated bus [1:46:36] lanes and I do see how they [1:46:40] would be included in [1:46:40] the statute. [1:46:44] However, the recitals simply [1:46:45] says they're not anticipated to [1:46:46] be and so that doesn't lock up [1:46:50] in stone. [1:46:50] It just says at this time we [1:46:51] don't believe that they are. [1:46:54] But you could change your mind. [1:46:55] And so I think what we're [1:46:56] hearing on the dais is that if [1:46:59] especially if sandag decides [1:46:59] that they should be, then we [1:47:00] should. [1:47:01] But to me it does seem to be a [1:47:04] dedicated bus lane. [1:47:05] I mean I don't drive in them [1:47:05] because of it. [1:47:09] So I understand you're going [1:47:09] back. [1:47:10] So I would I would support [1:47:10] Councilor Woodburn's idea to [1:47:14] communicate this. [1:47:15] But I also understand council [1:47:15] presidents too. [1:47:16] You know, we're on a strict [1:47:16] timeline and if we don't get [1:47:17] something done then the whole [1:47:21] thing will fall apart. [1:47:26] I also have questions about [1:47:27] the impact of increased [1:47:27] development. [1:47:28] So you know here in my district [1:47:32] we don't have any transit to be [1:47:32] honest, you know, So we don't [1:47:33] we don't really this is not [1:47:34] going to affect District five. [1:47:36] We are trying to do our part [1:47:37] for the environment by [1:47:38] switching to clean emissions [1:47:38] vehicles and putting in ev [1:47:39] chargers. [1:47:41] We have one great bus that goes [1:47:42] up and down the 15 freeway [1:47:43] Would that's about it. [1:47:46] So I agree with MR. Krieger [1:47:46] that we do need cars still in [1:47:47] the city. [1:47:51] However, when we do have [1:47:52] increased development which we [1:47:58] do we've taken thousands of [1:47:59] units of housing in d five in [1:47:59] essentially Skeeters crime out [1:48:00] in area. [1:48:01] I actually just had a town hall [1:48:01] meeting in a cul de sac a few [1:48:05] weeks ago because it was [1:48:06] the new fire evacuation route [1:48:07] and we figured why not just [1:48:07] have it there? [1:48:08] I was the one we conditioned in [1:48:11] junipers and we brought [1:48:12] the fire department, the police [1:48:12] department Hundreds of [1:48:13] residents came out standing in. [1:48:15] It's cold in fact to talk about [1:48:16] what happened to the tail [1:48:16] lights on fire And it got a [1:48:20] little heated because we had [1:48:21] the Wood Creek fire came [1:48:21] through there and you know, [1:48:25] burned many of these people's [1:48:25] houses. [1:48:26] So it's not theoretical to [1:48:26] them. [1:48:29] They've already rebuilt But so [1:48:30] one of my questions is you know [1:48:33] our diff is regardless of [1:48:34] whether we have sb 79 or [1:48:39] the more inclusive programs [1:48:39] we've already done, our deficit [1:48:40] seem to not be keeping up with [1:48:43] the infrastructure we need to [1:48:44] support this density. [1:48:45] We've had a couple of projects [1:48:45] in d five where the parks are [1:48:47] not being built because the if [1:48:48] these wildly were under [1:48:49] calculated how much it would [1:48:49] cost. [1:48:53] So I'm wondering what we're [1:48:53] going to do about Diffuse if we [1:48:57] take on more development. [1:48:58] The city does have citywide [1:49:02] development impact fees that [1:49:03] are in place and have been for [1:49:03] several years. [1:49:06] Those replace communities [1:49:07] specific development impact [1:49:07] fees. [1:49:10] Part of the benefit of having [1:49:11] four dedicated asset base [1:49:11] development impact fees is that [1:49:15] it enables city staff to update [1:49:16] the next two studies for them [1:49:20] at a much more frequent rate [1:49:24] than we were to when we had [1:49:24] over 40 different fees based on [1:49:25] four communities. [1:49:28] City Planning Department does [1:49:29] have it in its work program [1:49:29] right now to be updating those [1:49:33] studies and we anticipate being [1:49:34] able to reach out to council [1:49:34] offices in the coming months to [1:49:38] discuss those more for future [1:49:39] action at council. [1:49:43] This particular item as you are [1:49:43] aware does not include that [1:49:44] discussion but citywide [1:49:48] department impact fees do apply [1:49:49] to all new development unless [1:49:49] certain exemptions are [1:49:52] specified in the ordinance. [1:49:53] I do want to take and I [1:49:53] apologize for taking your time [1:49:54] on this. [1:49:57] I do think it's important to [1:50:01] note that sb 79 you know to [1:50:01] everybody here that's in [1:50:05] supportive housing we are to [1:50:06] and it is a little bit of a [1:50:09] false narrative to say it's sb [1:50:10] 79 or no housing. [1:50:10] We have lots of other housing [1:50:11] programs in place and in many [1:50:15] instances a lot of these places [1:50:16] have exceeded the densities [1:50:19] that are called for by sb 79. [1:50:20] And we are also rapidly you [1:50:24] know with the urgency updating [1:50:24] our capacity for new homes [1:50:29] without needing to implement sb [1:50:29] 79. [1:50:30] So you know for everybody [1:50:30] that's you know kind of I [1:50:33] because I hear it right And I [1:50:34] think it's important for us to [1:50:35] acknowledge the importance of [1:50:38] housing in these locations. [1:50:39] These are areas that we agree [1:50:43] are good for housing and our [1:50:44] housing our community plans [1:50:47] have shown that by adding [1:50:48] the densities there and we do [1:50:49] continue to do that as a good [1:50:56] actor city in the housing space [1:50:56] . [1:50:56] Yes. [1:50:57] No, completely agreed And I [1:50:58] also think there's a huge value [1:51:00] in local planning. [1:51:01] I don't think that Sacramento [1:51:02] should plan everything for us [1:51:05] because like I said, we know [1:51:05] where some of the evacuation [1:51:06] routes are. [1:51:06] Colorado is only going to be a [1:51:10] two lane road and Scripps Ranch [1:51:10] for a very long time. [1:51:11] And so if we take 500 houses [1:51:12] moored there, how are we going [1:51:12] to evacuate people? [1:51:15] So I do understand that we need [1:51:15] local planning. [1:51:16] But you're right, we have been [1:51:18] more permissive than many other [1:51:19] cities and we do need housing. [1:51:20] I understand that too, [1:51:21] especially senior housing. [1:51:24] If we can build more of that we [1:51:25] need dedicated senior housing [1:51:25] especially up in my district. [1:51:26] That would be great. [1:51:27] I'd like to move into it now [1:51:28] but I've been told them too [1:51:28] young. [1:51:33] So what I really wanted to hear [1:51:33] what we're going to do with [1:51:37] with tiff is coming up soon. [1:51:38] i guess there we're not going [1:51:39] to have our diffuse updated [1:51:39] before JULY 1st. [1:51:42] We will not. [1:51:42] Okay. [1:51:43] Um I'm especially concerned [1:51:48] about parks and fire stations [1:51:52] so I have somewhat good news [1:51:53] for you Council member We will [1:51:56] be bringing the dif annual [1:51:57] report to this council probably [1:51:58] in a matter of a couple of [1:52:02] weeks and so we can have a much [1:52:03] more robust conversation about [1:52:06] the available funding and any [1:52:06] potential changes going [1:52:07] forward. [1:52:07] >> Okay. [1:52:07] Okay. [1:52:08] Thank you. [1:52:11] I appreciate it. [1:52:11] I appreciate all the work and [1:52:12] the questions my colleagues [1:52:13] asked and I'll support those. [1:52:19] >> Thank you. [1:52:19] >> Thank you. [1:52:20] Councilmember Van Walbert. [1:52:21] We'll go next to Councilmember [1:52:21] Campo. [1:52:21] Thank you. [1:52:23] Council PRESIDENT. [1:52:24] Thank you to members of [1:52:25] the public who came in and [1:52:25] spoke today and the members of [1:52:26] the public who came in [1:52:28] virtually as well for this late [1:52:28] night meeting. [1:52:29] I want to thank the Planning [1:52:30] Department for their quick work [1:52:32] given the timelines that we [1:52:33] have in front of us. [1:52:34] I know that this was on top of [1:52:37] all their extra work. [1:52:38] I think that as as we see [1:52:39] the approach in front of us a [1:52:42] measured one one that we know [1:52:43] is not entirely within our [1:52:43] control. [1:52:47] And hearing from the public and [1:52:48] we've learned from things like [1:52:51] the edu bonus program and other [1:52:52] policies that well-intentioned [1:52:53] policies can still have [1:52:56] unintended consequences. [1:52:57] And so whether that's [1:52:58] speculation in a low resource [1:53:01] area or projects that do not [1:53:06] take into account the necessary [1:53:07] infrastructure for emergencies [1:53:08] as Councilmember von Wilbur [1:53:11] pointed out, we have to be very [1:53:12] deliberate. [1:53:13] And I think what Blum has put [1:53:16] in front of us and your team is [1:53:16] very, very deliberate. [1:53:17] The alternative plan that [1:53:21] you've got here it buys us time [1:53:22] so that we can be precise at [1:53:25] the neighborhood level which is [1:53:26] what we hear from our [1:53:27] neighborhoods. [1:53:27] It's what we hear from our [1:53:30] community planning groups and [1:53:31] you know, the state will tell [1:53:32] us to build more near transit. [1:53:35] I've supported many projects [1:53:36] near transit and we can grow [1:53:36] those thoughtfully and with [1:53:40] the neighbors at the center of [1:53:41] those changes And I absolutely [1:53:42] admire Councilmember Whitburn [1:53:42] for advocating for his [1:53:45] neighbors and the people his [1:53:46] constituents. [1:53:49] If there's if there's one [1:53:50] person who has close to as much [1:53:50] transit in his district as him, [1:53:54] it might be me with the green [1:53:54] Line. [1:53:55] And I love seeing transit [1:53:55] oriented housing going up. [1:53:59] We've cut ribbons together and [1:53:59] right now a lot of neighbors [1:54:03] throughout San Diego are [1:54:03] rightfully concerned a process [1:54:07] that they had a lot more say in [1:54:08] for for a long time now [1:54:09] Sacramento is is making [1:54:13] decisions there. [1:54:13] We're seeing neighbors that are [1:54:14] concerned with how they'll [1:54:17] evacuate or in an emergency and [1:54:18] if maybe their neighbors are [1:54:19] going to take a property that [1:54:22] is worth a lot more Now and [1:54:23] sell it to an investor if [1:54:24] the sidewalk and pipes will [1:54:27] hold up for new development. [1:54:28] They're concerned about losing [1:54:29] the life that they've worked [1:54:29] hard for and save for and [1:54:32] invested in and maintained and [1:54:33] want to pass on to their family [1:54:34] members. [1:54:34] And you can be concerned about [1:54:37] those real possibilities. [1:54:37] But we have to acknowledge [1:54:38] the sheer number of people that [1:54:41] don't have that safe space yet [1:54:42] for them, that home for them [1:54:43] that can barely afford to live [1:54:44] here let alone own a home. [1:54:47] Those individuals and families [1:54:48] are rightfully concerned that [1:54:48] the opportunity to live in this [1:54:52] city will be unattainable. [1:54:52] I think our planning department [1:54:53] does a good job of trying to [1:54:56] create those attainable [1:54:57] opportunities. [1:54:58] And I would just point to [1:55:02] the fact that the State of [1:55:02] California could really get rid [1:55:06] of some serious laws that are [1:55:07] in the way of building new [1:55:11] condos, of building purchasable [1:55:11] properties and whether it's [1:55:16] people who want to use [1:55:17] litigation to delay all that, [1:55:17] whether it's attorneys who have [1:55:22] big fees to make Well after [1:55:22] buildings are built. [1:55:23] There's lots of things that are [1:55:24] in the way of homeownership and [1:55:26] I certainly don't think that [1:55:27] the city planning department is [1:55:27] in the way of homeownership at [1:55:30] this point. [1:55:31] This item simply put gives us [1:55:31] the time. [1:55:32] i like the way that the council [1:55:35] PRESIDENT Put it. [1:55:36] We're going to get everyone to [1:55:37] the table, give input to [1:55:40] the neighbors in these [1:55:41] neighborhoods who are just [1:55:41] asking to be heard throughout [1:55:45] the process and that those who [1:55:46] are still not aware that [1:55:46] changes MAY be coming down [1:55:47] the line to get get their [1:55:50] voices heard. [1:55:51] I have one question. [1:55:54] If we did nothing today, what [1:55:54] would happen on JULY 1st if [1:55:55] the council does not take [1:55:59] action today? [1:56:00] On JULY 1st sb 79 will phase in [1:56:03] in all areas across the city [1:56:04] and so the city will be [1:56:05] required to issue permits for [1:56:05] the densities identified in [1:56:09] the staff materials and that [1:56:10] would be regardless of whatever [1:56:10] the sandag map is that's [1:56:14] eventually published that we've [1:56:14] been discussing. [1:56:15] It would still be contingent [1:56:15] upon the sandag maps. [1:56:18] It would phase in in the areas [1:56:19] where the sandag map [1:56:19] identifies. [1:56:23] We don't have that map yet but [1:56:23] we do anticipate that it will [1:56:24] come out before JULY 1st. [1:56:24] Okay. [1:56:25] Understood. [1:56:27] One of the things that I was [1:56:28] seeing is that there might be [1:56:31] spots on the map that would be [1:56:32] essentially included in our [1:56:33] implementation And then if [1:56:36] the sandag map changes and it [1:56:37] doesn't doesn't like map shows [1:56:38] areas that are not included, we [1:56:41] might be in a process where we [1:56:41] see applications for [1:56:42] development that we would then [1:56:46] have to pull the permit back or [1:56:47] we wouldn't be able to pull [1:56:47] the permit back. [1:56:48] Given what sandag does correct, [1:56:51] we anticipate having this [1:56:51] ending map prior to [1:56:52] the implementation. [1:56:52] Okay. [1:56:56] And so that's and should not [1:56:57] occur. [1:56:57] You're not going to speculate [1:56:58] on whether that might happen [1:56:58] but I could foresee that it [1:57:00] might happen And then we'd be [1:57:05] in a pickle significantly. [1:57:06] I appreciate that The Planning [1:57:07] Department has committed to [1:57:07] including cpc and planning [1:57:10] groups in the process and has [1:57:10] worked with them. [1:57:11] We heard many of them speaking [1:57:12] today virtually and in person [1:57:14] and that really matters to me [1:57:14] as well. [1:57:15] So thank you very much for that [1:57:16] and thank you. [1:57:19] I will support the motion. [1:57:20] All right. [1:57:21] Thank you, Councilmember Campo. [1:57:21] We'll go next to Councilmember [1:57:22] Moreno. [1:57:24] Thank you And thank you for [1:57:24] the presentation and thank you [1:57:25] to all the members of [1:57:28] the public who came today to [1:57:29] speak before this body. [1:57:33] It's been stated already but I [1:57:34] would like to reiterate I think [1:57:38] the city of San Diego has been [1:57:39] pro housing pro density. [1:57:43] We've been updating all of our [1:57:44] plan updates as quickly as we [1:57:47] possibly can. [1:57:48] In essence changing the zones [1:57:53] policy, it's clear to me that [1:57:54] sb 79 was created for cities [1:57:57] that are anti-growth growth [1:57:58] which obviously does not [1:58:02] represent the city of San Diego [1:58:03] And I've seen it firsthand [1:58:03] during the Coastal Commission [1:58:07] just hearing folks talk. [1:58:07] It's been pretty shocking to be [1:58:12] honest how just pro housing [1:58:12] the city. [1:58:18] It's not shocking but it's a [1:58:19] delight to make sure that that [1:58:20] it goes unnoticed, that [1:58:21] the city of San Diego is pro [1:58:22] housing. [1:58:26] And I say that because it is [1:58:26] the number one issue. [1:58:27] When you go out into [1:58:28] the community and you have town [1:58:30] halls and you go and you knock [1:58:31] on doors or even when we're [1:58:31] having community cleanups [1:58:35] the number one issue is my rent [1:58:36] is too high. [1:58:40] So although I do recognize that [1:58:40] action is needed today, what [1:58:45] action we take is what I want [1:58:49] to really hone in on. [1:58:50] >> I thought that Councilmember [1:58:54] weapons request for [1:58:54] the amendment was very [1:58:58] reasonable and it's one that I [1:59:03] am fully in support of And how [1:59:03] it was mentioned If sandag [1:59:08] decides to include those three [1:59:09] corridors good. [1:59:09] And if they don't will the city [1:59:13] of San Diego would have done it [1:59:14] already. [1:59:18] So that's where I stand on [1:59:18] that. [1:59:23] I understand a little bit more [1:59:23] the reasoning behind and I'm [1:59:28] just if you could walk me [1:59:28] through this. [1:59:32] In regards to low resources or [1:59:33] low resourced areas you [1:59:35] mentioned let me just get to [1:59:40] this You mentioned low resource [1:59:45] areas The department [1:59:46] anticipates implementing [1:59:47] through ongoing community plan [1:59:50] updates including Mid-City [1:59:51] Canyon, Otay Mesa with [1:59:51] additional future planning [1:59:56] process sources in [1:59:56] the remaining low resource [2:00:00] areas Prior to the state law [2:00:01] requirements going into effect [2:00:01] in 2030. [2:00:04] So in essence what you are [2:00:05] saying is that these low [2:00:10] resource areas will not have a [2:00:15] ministerial like process until [2:00:19] 2032 unless we get to the Otay [2:00:20] Mesa in mid-city ahead of 2032. [2:00:24] Or if the council takes an [2:00:25] action with a two year deal to [2:00:29] kind of plan prior to that time [2:00:30] which is 2032 is is the last [2:00:34] date possible? [2:00:35] But it could happen sooner but [2:00:35] it could happen soon. [2:00:36] Correct? [2:00:36] Okay. [2:00:39] And how Because the Otay Mesa [2:00:44] Nester Community plan update if [2:00:45] I do you know a quick map in my [2:00:49] brain that's the last planned [2:00:49] update for District eight We [2:00:50] pretty much we've done San [2:00:54] Isidro Otay Mesa, Southeastern [2:00:54] Barrio Logan and Otay Mesa [2:00:59] Nestor's the only 1 A.M. I [2:00:59] missing another one? [2:01:00] >> It is the last one for a [2:01:03] comprehensive plan update. [2:01:04] There's a variety of ways that [2:01:08] we can address sb 79 in low [2:01:09] resource communities including [2:01:12] specifically any federal and [2:01:12] Barrio Logan that have more [2:01:13] recently adopted community [2:01:17] plans that will require [2:01:20] additional actions to meet [2:01:21] the requirements of sb 79. [2:01:22] I, I don't want to commit to [2:01:25] what that planning process will [2:01:26] look like that because that is [2:01:27] it is quite a few years out [2:01:30] from now but that could look [2:01:31] like a specific plan update or [2:01:35] focus plan amendment. [2:01:36] Just because we have updated a [2:01:37] community plan doesn't mean we [2:01:40] can't go back and revisit it As [2:01:40] we saw with Uptown Community [2:01:41] Plan that was adopted in [2:01:45] the semi recent past and then a [2:01:46] focused plan amendment was [2:01:47] brought back that increased [2:01:50] density significantly in that [2:01:50] area as well. [2:01:51] So in my district your you just [2:01:52] stated that Barrio Logan and [2:01:54] San Ysidro can potentially see [2:01:55] higher density through [2:01:58] ministerial process of sb 79 [2:02:03] but they they would not be able [2:02:03] to utilize the ministerial [2:02:07] process unless they come [2:02:08] forward and do a zone change in [2:02:13] less in less. [2:02:13] This Council takes action prior [2:02:14] to that time. [2:02:18] So prior to that time the city [2:02:19] planning to partment will be [2:02:22] working on what you said. [2:02:23] >> Sorry to interrupt you but [2:02:24] you just said you can't promise [2:02:27] You can't promise how quick you [2:02:28] will update correct? [2:02:28] Correct. [2:02:29] Correct. [2:02:29] Okay. [2:02:32] 2032 is the latest date before [2:02:33] sb 79 requires that all areas [2:02:36] be phased in. [2:02:40] >> Okay that's 20 32 is six [2:02:40] years from now. [2:02:45] >> Yes. [2:02:46] >> 20, 32 and six years from [2:02:53] now which in our world seems [2:02:54] like two weeks but in [2:02:54] the development world seems [2:02:58] like 200 years. [2:02:59] So and I am of the belief that [2:03:04] time kills all project x I am a [2:03:04] little bit more comfortable I [2:03:08] am because we've had so many [2:03:09] plan updates and because of [2:03:10] the commitment not only of this [2:03:10] I. [2:03:13] >> I always say this the mayor [2:03:14] and I do not get along and we [2:03:16] don't see eye to eye on 99% of [2:03:20] the things housing we are 100% [2:03:21] lockstep. [2:03:21] So I do trust and obviously I [2:03:26] trust you Heidi I do trust that [2:03:27] we would get out of the way if [2:03:31] you will, in when it comes to [2:03:31] housing. [2:03:32] I don't know what the next [2:03:34] administration is going to look [2:03:35] like and that's what I'm always [2:03:36] looking towards. [2:03:40] And so because I am very much [2:03:44] pro housing and I do want [2:03:45] the city to get out of the way, [2:03:45] I do want my daughter to be [2:03:49] able to live in the city of San [2:03:49] Diego when she is ready to [2:03:50] purchase a home if that is what [2:03:54] she wants And just given what [2:03:58] we have before us, I'm going to [2:04:02] be a no vote on this particular [2:04:03] item and I'm going to hope and [2:04:07] pray that that tag adds [2:04:07] the four corridors and that [2:04:08] that administration updates our [2:04:12] tod policies. [2:04:12] So just standing on principle [2:04:16] with this and knowing that my [2:04:17] my vote means something, I'm [2:04:20] going to be respectfully voting [2:04:20] no on this. [2:04:25] Thank you. [2:04:26] Thank you. [2:04:30] Councilmember Moreno I'm going [2:04:31] to try something that is a [2:04:35] little bit unorthodox because [2:04:36] it's 815. [2:04:40] Are you a no vote? [2:04:40] Okay. [2:04:41] So we don't have the votes to [2:04:45] pass the motion so I'm not [2:04:48] going to call for the vote. [2:04:54] It takes five right, even [2:04:54] though it's a majority of who's [2:04:55] here. [2:04:58] So I'm going to call for a 15 [2:05:02] minute recess to figure out [2:05:07] whether there is a path forward [2:06:51] so [2:06:58] so city attorney the kind of [2:06:59] talking it out So I'm not going [2:07:02] to get a final bit I know we're [2:07:03] all motivated to see if we can [2:07:09] get someplace but I will be [2:07:10] asking you I need to explain [2:07:15] whatever the new approaches and [2:07:53] then if I agree [2:09:03] with [2:11:15] that I [2:24:22] know it's [2:26:22] not [2:32:19] I [2:42:08] know going [2:44:09] back [2:47:37] to [2:49:00] and and [2:51:01] you [2:52:35] and [2:53:18] me [2:54:22] and them and you know [2:54:41] I've never I've I've never. [2:54:45] All right folks And one hour [2:54:49] and 1528 25 minute. [2:54:50] Longest recess of my council [2:54:53] presidency and we're ready to [2:54:54] come back. [2:54:54] This is important stuff. [2:54:57] So first. [2:54:58] >> Clerk please call the roll. [2:54:58] Thank you. [2:55:01] Council PRESIDENT Council [2:55:02] member Campbell here Council [2:55:02] Member Whitburn here. [2:55:06] Council member Foster Council [2:55:07] Member Yvonne Wolpert Council [2:55:11] PRESIDENT Pro Tem Lee Council [2:55:12] Member You hear Council Member [2:55:16] Moreno Resident Council member [2:55:16] Rivera and Council PRESIDENT [2:55:21] LaCava present. [2:55:21] All right so we have a quorum [2:55:25] and everybody is sitting there [2:55:26] chairs So having made [2:55:27] the motion that did not seem to [2:55:30] have the votes. [2:55:35] Staff and attorneys you heard [2:55:36] the comments comments from [2:55:36] the public. [2:55:39] You heard the comments from [2:55:40] the council members. [2:55:41] I have deferred to you in [2:55:45] the original motion and so I [2:55:46] will once again to defer to you [2:55:49] to come up with and [2:55:49] alternatives that you think [2:55:50] might be more palatable from [2:55:54] the comments that you heard an [2:55:54] hour or two ago. [2:55:59] >> So Heidi, what what can you [2:56:00] offer us? [2:56:00] >> Okay. [2:56:01] Yes, Thank you, Council [2:56:01] PRESIDENT. [2:56:04] Thank you for the deference. [2:56:05] Very honored by that based off [2:56:08] of the comments that we've [2:56:09] heard from the council and [2:56:10] the members of the public, I [2:56:13] believe we have a solution. [2:56:13] >> Okay. [2:56:14] So that solution would be to [2:56:18] remove recital e which [2:56:18] references the specific toddy [2:56:22] qualifying transit stops and [2:56:23] then moves recital f into [2:56:28] the new recital e which just [2:56:28] says the two d qualifying [2:56:29] transit stops will be the stops [2:56:33] as identified by stand in by [2:56:33] sandag in the map. [2:56:38] Now in that action of [2:56:38] the ordinance we have also [2:56:39] proposed some additional [2:56:42] changes. [2:56:42] The original ordinance that was [2:56:43] before the Council made [2:56:47] reference to maps that included [2:56:51] stops that staff had [2:56:51] identified. [2:56:52] But given that sandag MAY [2:56:57] identify other stops, we have [2:56:58] removed reference to each of [2:57:01] the attachments and instead [2:57:02] referred to the definitions and [2:57:07] our department and after sandag [2:57:07] does release the map will [2:57:11] prepare the maps accordingly [2:57:12] based off of this Council's [2:57:12] direction. [2:57:16] >> Okay, I'm comfortable with [2:57:16] that. [2:57:21] That language is now up on [2:57:22] the screen and I believe hard [2:57:26] copies are being passed out So [2:57:27] people can look at the ads that [2:57:30] are being made So I will move [2:57:36] this recommendation as amended. [2:57:36] COUNCILMAN Campbell, can I get [2:57:37] a second? [2:57:40] I'll be happy to second that. [2:57:40] >> All right. [2:57:41] Any comments, Councilmember [2:57:44] Whitburn Thank you. [2:57:45] Council PRESIDENT Just so that [2:57:50] I cared for the record confirm [2:57:54] what this does We're going to [2:57:55] strike recital e all together. [2:57:58] Tonight's action will not [2:57:59] identify the transit oriented [2:58:03] development stops in the city [2:58:04] of San Diego. [2:58:04] We're going to leave that to [2:58:07] back that is essentially what [2:58:08] that says. [2:58:08] >> That is correct. [2:58:10] You are much more succinct than [2:58:10] I was. [2:58:15] Thank you. [2:58:15] Thank you. [2:58:20] I also want to say that along [2:58:24] with this change my office is [2:58:25] going to take the lead on [2:58:26] writing a letter to said Dag [2:58:29] requesting that the transit [2:58:30] oriented development stops [2:58:34] include San Diego trolley stops [2:58:35] and all bus stops served by [2:58:38] full time dedicated bus slides [2:58:39] and alcohol Boulevard [2:58:40] University Avenue and Park [2:58:43] Boulevard with bus service [2:58:44] operating at a frequency of 15 [2:58:48] minutes or less during weekday [2:58:49] peak commute hours by office [2:58:50] will take the lead on writing [2:58:53] that letter. [2:58:54] I anticipate that there will be [2:58:55] other council members who will [2:58:58] sign Add to that letter and I [2:58:58] really want to thank [2:59:03] the Council PRESIDENT And my [2:59:03] colleagues for their patience [2:59:04] as we worked out a path forward [2:59:04] on this. [2:59:08] I want to take the Be Democrats [2:59:08] and other pro housing advocates [2:59:12] for their input on this. [2:59:13] I want to thank the mayor's [2:59:17] office, our housing planning [2:59:17] department and our city [2:59:21] attorney's office for walking [2:59:22] us through this approach. [2:59:26] I think this is a path forward [2:59:26] that makes sense that we can [2:59:27] get behind tonight. [2:59:27] So thank you. [2:59:31] Council PRESIDENT All right. [2:59:31] Thank you. [2:59:32] Council Member Whitburn Council [2:59:32] Member Campo Thank you. [2:59:38] Council PRESIDENT Staff Well [2:59:40] I'd say use as many words but [2:59:40] it's functionally different [2:59:41] than the staff's recommendation [2:59:42] And what we have in front of us [2:59:44] right now what is functionally [2:59:45] different is that there is no [2:59:49] reference to specific stops and [2:59:50] there is full deference to [2:59:54] the sandag maps program So [2:59:55] there is no reference in this [2:59:59] Council adopted action to [2:59:59] the qualifying stops. [3:00:00] The reason why staff had [3:00:04] prepared the maps is because it [3:00:05] is informative for the council [3:00:05] to be able to see [3:00:08] the applicability of the areas [3:00:13] But given the challenging [3:00:14] situation of the timing of [3:00:15] the release of the maps we were [3:00:18] not in a position to be able to [3:00:18] wait until the release of [3:00:19] the sandag maps to bring this [3:00:20] item forward to the Council. [3:00:27] Certainly So for people who are [3:00:27] online at 820 and now are [3:00:31] looking at 940 there I think [3:00:32] functionally functionally would [3:00:36] you say that or staff's [3:00:37] recommendation is here other [3:00:37] than the informative ness of [3:00:41] what some of the recitals said [3:00:42] ? [3:00:42] But functionally it's the same [3:00:43] thing. [3:00:43] I would agree with that [3:00:44] characterization. [3:00:44] Okay. [3:00:44] Thank you. [3:00:46] Happy to be in support Figure [3:00:47] Councilmember Campo I rush to [3:00:51] make the motion I did want to [3:00:52] check with the city attorney to [3:00:52] make sure that you have [3:00:56] carefully thought this through [3:00:56] from a legal perspective. [3:00:57] Yes, Our office has no legal [3:01:01] concerns. [3:01:01] Thank you. [3:01:01] Okay. [3:01:02] My apologies for not asking [3:01:03] that question before I made my [3:01:06] motion. [3:01:07] Councilmember Whitman, you're [3:01:08] back on the line. [3:01:08] Thank you. [3:01:09] Council PRESIDENT To elaborate [3:01:10] a little bit the question that [3:01:14] Councilmember Campo brought up [3:01:15] just to highlight what we've [3:01:19] done here. [3:01:25] Recital e originally said that [3:01:25] the only toad stops at the city [3:01:26] of San Diego are San Diego [3:01:30] Trolley stops at four bus stops [3:01:31] located at a few different [3:01:31] locations. [3:01:34] It was restrictive at limiting [3:01:40] And what this does is remove [3:01:40] that limiting nature. [3:01:44] It defers to say a dig at [3:01:45] the with the letter that my [3:01:46] office will take the lead on we [3:01:49] will indicate what certainly my [3:01:50] preference would be to see at [3:01:54] it at any other council members [3:01:55] who wish to join it on that [3:01:56] Perfectly good just as a matter [3:01:58] of functional ity I think [3:01:59] that's right But I, I get [3:02:00] the purpose of wanting to [3:02:03] remove the specific enumeration [3:02:04] or listing of what you were [3:02:07] talking about Totally good and [3:02:08] thank you. [3:02:08] Happy to vote yes. [3:02:09] Okay. [3:02:09] All right. [3:02:13] So with that we do have [3:02:16] the motion that's actually two [3:02:17] pages I think that's the front [3:02:17] page. [3:02:21] There's hard copies and I think [3:02:22] there's hard copies in the back [3:02:22] or something like that. [3:02:23] Yeah. [3:02:26] So with that. [3:02:31] >> Clerk please call the roll. [3:02:32] I have sir I have started [3:02:32] the voting system. [3:02:39] Please cast your vote. [3:02:52] Oh you okay And that passes [3:02:57] five, 5444 people absent but [3:02:58] that does not sound right Want [3:03:02] to do it again? [3:03:03] Yes We'll start The voting [3:03:03] system will start again. [3:03:04] I've started the voting system [3:03:09] once more. [3:03:14] Okay. [3:03:15] Can Council member Campbell [3:03:18] would you like to vote orally? [3:03:18] Okay. [3:03:23] I vote yes. [3:03:24] Oh, there it is. [3:03:24] Okay. [3:03:25] Okay. [3:03:30] Okay. [3:03:34] And that passes 6360 with three [3:03:35] Council members absent Council [3:03:35] member Foster Council PRESIDENT [3:03:36] Pro Tem Lee and Council member [3:03:39] Yellow Rivera All right. [3:03:42] >> We have approval of [3:03:43] the first reading of [3:03:43] the ordinance So thank you [3:03:47] everybody that stuck around. [3:03:48] Thank you for your initial [3:03:48] input. [3:03:52] Thank you to staff navigating [3:03:53] this little thorny question [3:03:56] because sandag had not yet done [3:03:57] its work which would have made [3:03:58] it a little bit easier and more [3:04:01] straightforward. [3:04:02] With that we will now adjourn [3:04:03] Council to the regularly [3:04:06] scheduled council meeting on [3:04:09] Monday MAY 11th, 2026 at 10