[0:56] will [1:02] Good morning. [1:02] >> I will now call the City [1:03] Council meeting of Tuesday MAY [1:08] 19th, 2026 to order After [1:08] yesterday's deadly shooting I [1:09] reaffirm our Council's [1:10] commitment to root out hate in [1:14] any and every forum hate me [1:14] have no safe place in our city. [1:15] As a city and a city council we [1:20] stand in solidarity with [1:21] the Islamic center of San Diego [1:21] and the broader Muslim [1:22] community. [1:23] No we are with you and your [1:23] pain. [1:26] We are with you and your [1:27] weeping and we are with you in [1:27] your sorrow. [1:31] Three lives were lost yesterday [1:31] falling victim to senseless, [1:32] vile and hateful violence [1:33] including the life of a [1:37] security guard whose heroism [1:38] prevented additional loss of [1:38] life. [1:39] I am grateful to him and for [1:43] the swift action of our first [1:44] responders who secured [1:44] the building to ensure a safe [1:45] outcome for the children and [1:48] school staff. [1:49] My heart is with the families [1:50] and loved ones of those lost [1:50] and those affected by [1:53] yesterday's tragic events. [1:54] Please join me in a moment of [2:57] silence [2:58] . [2:58] Thank you. [2:59] Would any of my colleagues like [3:00] to share a few words? [3:04] Council Member Campbell Thank [3:05] you and thank you for your [3:11] words. [3:11] Council PRESIDENT My heart is [3:16] in the hearts of my staff. [3:17] Go out to the families and [3:17] friends of those who lost their [3:22] lives yesterday in a senseless [3:22] act of hatred and violence. [3:23] Our community is in shock from [3:28] this violent hate crime in [3:28] the strongest terms I condemn [3:34] this act of anti-Islam advocate [3:35] and all hate and all hate [3:35] crimes. [3:40] There's absolutely no place in [3:40] San Diego for hate or violence [3:41] of any kind. [3:46] All San Diego does deserve [3:46] dignity, respect and safety. [3:52] America was founded on [3:52] the principle of freedom for [3:53] all people and act of hate [3:58] based on race, religion, creed [3:58] or sexual orientation are [3:59] fundamentally un-American and [4:04] do not represent our country's [4:04] values. [4:09] >> We appreciate the good work [4:10] of our public safety officers [4:16] and we send our heartfelt [4:17] sympathy to the families [4:17] involved. [4:18] >> Thank you. [4:18] Thank you. [4:22] Council member Campbell. [4:23] With that Mark, please call [4:29] the roll if I MAY. [4:29] Councilmember Foster Thank you. [4:34] Council PRESIDENT And my [4:35] apologies for coming on the mic [4:40] late but I just want to take a [4:45] moment from yesterday's [4:46] actions. [4:54] It's just heartbreaking And I [4:55] think we have said over and [5:00] over from this dais that there [5:01] is no place for hate in San [5:06] Diego. [5:07] But I think as much as we say [5:11] that I think we all need to [5:15] understand that San Diego is [5:23] that our words matter no matter [5:23] the challenges that we face, [5:34] the rhetoric that is being [5:35] provided It has never been more [5:41] divisive in my time in the 50 [5:47] years that I've been walking [5:47] But I would like to think is [5:52] the United States of America [5:53] And I just want to throw [5:58] caution to the wind. [6:04] We can disagree on a policy but [6:05] I'm just not understanding [6:10] where the hate continues to [6:10] come from. [6:16] And so if we can as we continue [6:16] to move forward and as we [6:21] continue to look at how we make [6:22] the United States a better [6:27] place as we look to make [6:28] the city of San Diego a better [6:29] place, please, please let's [6:33] spend more time loving our [6:33] neighbors, learning our [6:40] neighbors, accepting our [6:40] neighbors. [6:45] All of us are different. [6:46] I'd like to say all of us are [6:46] custom made. [6:47] That's why you have your [6:48] fingerprints. [6:51] I have my fingerprints. [6:51] We are going to be inherently [6:52] different. [6:57] But different is not wrong. [7:02] Religious beliefs are not wrong [7:03] . [7:04] We must embrace and we must [7:07] love on one another. [7:13] I also just want to acknowledge [7:14] I mean I believe the security [7:19] guard that lost his life he was [7:25] a District four resident and as [7:25] a chief of police said [7:30] yesterday he is a hero. [7:31] It's my understanding if he [7:32] would not have intervened that [7:32] potentially those shooters [7:37] would have found their way to a [7:37] classroom full of young kids. [7:38] And so I think we all need to [7:43] understand that. [7:48] And again, I just ask that we [7:49] must spend more time loving on [7:53] one another and trying to [7:53] understand one another and [7:54] accepting one another no matter [7:59] what the differences are. [8:00] And thank you, Council [8:04] PRESIDENT And thank you to our [8:05] first responders and thank you [8:06] to the families. [8:10] I can only imagine what [8:11] the phone call could have been [8:11] as a parent and you get that [8:16] phone call of a situation like [8:17] that happening with your kids. [8:17] So my heart goes out to [8:22] the community the entire city [8:23] of San Diego and my heart goes [8:28] out to MR. Ameena Abdulla and [8:28] his family. [8:34] He had a family kids life. [8:34] So thank you. [8:35] Thank you for the courage. [8:40] But it this is just a tragic [8:41] but a tragedy that we have to [8:47] come endure this. [8:48] So thank you council PRESIDENT. [8:48] That concludes my comments. [8:53] Thank you. [8:53] >> Gloucester Council PRESIDENT [8:54] Pro Tem Kelly Thank I suppose [8:58] I'll be short here but thank [8:58] you for offering some remarks [8:59] on behalf of the Council and of [9:00] course adjourning yesterday's [9:03] meetings in light of everything [9:03] taking place. [9:04] I think as a parent like many [9:09] others hearing the news [9:10] recognizing that involved not [9:15] just the mosque but a school [9:16] was very jarring. [9:16] The thing for me was to see [9:17] the images and videos of [9:21] children having to be evacuated [9:21] and led to safety. [9:22] I appreciate the words of [9:27] Councilmember Foster because I [9:28] think we do talk a lot about [9:33] hate and we've seen it and it's [9:33] in many forms in our community [9:34] over the years And I think [9:35] there's no doubt in people's [9:39] minds that what we've seen in [9:40] terms of hate has arisen And it [9:41] says a lot about where we are [9:45] as a society and our need to [9:45] respond. [9:46] There's one there's something [9:51] that I often say which is that [9:52] we have to be better than this [9:53] And I just want to add [9:57] the words from our arts [9:58] commissioner from District six, [9:59] Dennis just one who was [10:03] capturing this last night some [10:04] of his own thoughts and he very [10:05] simple but he he noted that at [10:09] some point we have to choose to [10:09] be better than this. [10:10] And for me that single sentence [10:15] has been quite profound because [10:15] I think we all think we know [10:16] what's right and wrong and how [10:17] we can be better. [10:21] But at the end the day there's [10:21] a choice to be made And it's [10:27] not just whether folks are in [10:28] hate, it's also how we respond [10:29] as a community and especially [10:32] in a time of mourning how we [10:33] choose to come together. [10:34] So that's what I hope we [10:35] continue to do as a city moving [10:38] forward. [10:38] >> Thank you. [10:39] Thank you. [10:40] Council PRESIDENT Pro Tem Lee [10:40] All right. [10:44] With that? [10:45] Clerk Please call the roll. [10:45] Thank you. [10:46] Council PRESIDENT Council [10:51] member Campbell here Council [10:52] Member Weber Council Member [10:55] Foster here Council Member Von [10:56] Weber Council PRESIDENT Pro Tem [11:02] Lee here Council Member Campion [11:03] Council Member Moreno Present [11:04] Council Member Elk River and [11:09] Council PRESIDENT McGovern [11:09] present Also attending [11:10] the meeting our Chief Deputy [11:11] City Attorney Cathy Simon. [11:11] Independent Budget analyst [11:15] Charles Margo Council Affairs [11:16] Advisor in the Mayor's office [11:17] criticizing and myself your [11:17] city clerk the elephant as [11:21] the Council PRESIDENT Thank you [11:21] City Clerk. [11:22] >> Quorum is now present as we [11:26] too often do at city council [11:26] meetings. [11:27] I want to remind everyone about [11:27] the city's practices and [11:32] procedures for public comment [11:33] at city council meetings [11:33] The city welcomes public [11:34] participation at our City [11:38] Council meetings speakers MAY [11:38] address the Council during [11:39] public comment and also in [11:40] connection with a specific item [11:44] of business on the agenda. [11:44] However, the city must make [11:45] sure that no one person or [11:46] group of people disrupt [11:46] the meeting in a way that [11:51] prohibits other speakers from [11:51] expressing their ideas and [11:52] opinions excessive yelling, [11:53] screaming or speaking beyond [11:56] once a lot of time for examples [11:57] of such behavior that disrupts [11:57] the meeting. [11:58] So to make sure that everyone [12:03] here has an opportunity to [12:03] address the council I will [12:04] alert an individual or [12:04] individuals if I think their [12:08] conduct becomes disruptive. [12:09] The disruption continues. [12:10] I won't rule the individual out [12:10] of order and after [12:11] the disruption continues [12:15] further I will declare a recess [12:16] so we can restore order. [12:16] At that point I will direct [12:17] the individual to leave [12:21] the room and if the individual [12:22] refuses the police will escort [12:22] the individual out of [12:23] the building. [12:26] If we have to repeat this [12:27] process of warning and [12:27] recessing the meeting, all [12:28] members of the public will be [12:29] excused from the council [12:29] chamber. [12:32] Credentialed media will be [12:33] allowed to remain. [12:33] Once again we have these [12:34] practices and procedures to [12:35] protect the rights of others [12:38] who wish to address the Council [12:39] and to allow the Council to [12:40] conduct the public's business. [12:44] With that we will begin this [12:45] morning with the land [12:45] acknowledgment and the Pledge [12:46] of Allegiance led by Council [12:50] member Moreno. [12:55] Will you please stand? [12:56] >> We respectfully acknowledge [12:57] that becoming a nation are [12:57] the original inhabitants of [13:02] the Unceded land now known as [13:02] San Diego. [13:03] Despite enduring the horrors of [13:04] genocide and colonization, [13:08] the coming ice spirit remains [13:09] unbroken. [13:09] We honor the resilience of [13:10] their ancestors who fought to [13:15] protect their culture and land. [13:15] Today they carry their legacy [13:16] forward ensuring that their [13:20] traditions continue to thrive [13:21] in gratitude and strength. [13:21] We stand with the United Nation [13:22] connected to our past and [13:27] committed to a thriving future. [13:28] If you could please face [13:28] the flag, put your hand over [13:32] your heart and repeat after me [13:32] . [13:33] I pledge allegiance to the flag [13:34] of the United States of America [13:38] and to the Republic for which [13:39] it stands one nation under GOD, [13:41] indivisible with liberty and [13:42] justice for all. [13:48] Clerk Please go over how [13:49] the public can offer their [13:55] testimony. [13:55] Thank you. [13:55] Council PRESIDENT. [13:56] I'd now like to highlight [13:57] the slide on the screen that [14:01] reviews the public enough of [14:01] their public testimony during [14:02] today's meeting. [14:02] Please note the time [14:03] allocations for proclamations [14:05] and consent items for meeting [14:06] management purposes is one item [14:10] one minute per item with three [14:10] minutes max For three or more [14:11] items the order can be found on [14:12] the agenda Summary found online [14:17] or at the table in the back of [14:17] the room. [14:18] If you're in person please [14:19] complete the speaker set [14:19] looking at the entrance of [14:22] chambers and bring it to [14:22] the front of the room. [14:23] Council members are available [14:24] near the entrance and can [14:24] assist with questions and [14:27] speakers Lips no further [14:28] in-person testimony will be [14:28] taken once the council begins [14:29] Virtual testimony. [14:30] Thank you Council PRESIDENT All [14:30] right. [14:34] Thank you Clerk For our first [14:34] order of business this morning [14:35] I will be returning a few items [14:40] back to staff First from our [14:41] last use me proclamations I'm [14:44] returning items 33 and 39 again [14:45] 33 and 39 will not be heard [14:50] this morning Then two items [14:51] scheduled for our afternoon [14:55] session item 330 and as final [14:57] three again item 330 and as [15:00] final three will not be heard [15:01] this afternoon, These items are [15:02] now returned to staff and will [15:07] be heard at a later date. [15:07] With that we will dispense with [15:08] the balance of the proclamation [15:12] items. [15:13] >> City Clerk Thank you Council [15:14] PRESIDENT The proclamation [15:19] items being approved are items [15:20] 30 through 3234 through 38 and [15:23] s 502 s5o2 with as the Council [15:27] PRESIDENT Noted item 33 and 39 [15:27] being returned to staff. [15:31] We did receive comments on item [15:32] 31 in favor of your comment [15:33] form which have been [15:33] distributed to the Council for [15:38] the long period for [15:38] the proclamation is now open [15:39] Each speaker will have one [15:40] minute per item per person. [15:43] If you would like to speak on [15:44] three or more items you'll have [15:45] a maximum of three minutes If I [15:45] can have the following [15:49] individuals please come [15:50] forward. [15:55] Katrina Spears Bucket Please [15:56] come forward and you have time [15:56] to you by Cynthia Gilliam if [15:57] you can please raise your hand [16:01] So then thank you And you're [16:05] speaking on item as 5o2 You'll [16:06] have two minutes once you get [16:11] to the microphone. [16:18] Good morning everyone. [16:19] First off I would acknowledge [16:19] other council members and thank [16:20] you for having us here today [16:24] and everyone here as well. [16:25] I have had my mother in [16:29] the pink hat that is to Marcia [16:30] Billie Joe Spears And I'm here [16:31] today to not only honor her but [16:37] to recognize her the knowledge, [16:38] all the goodwill and work she's [16:40] done in the city of San Diego [16:40] since 1958. [16:41] My mother was a young girl [16:47] living in Louisiana and what a [16:47] big dream she's always tell us [16:48] when we were younger But [16:49] the big dream she had about a [16:53] bit of excuse me a big city [16:54] with water surrounding it And [16:58] that's what we have to American [16:58] finest city San Diego, [17:03] California Here she had seven [17:04] She brought in her four kids [17:04] out with her and the three that [17:09] came later to San Diego and I [17:09] want to let everyone know not [17:10] only was she a great mother to [17:15] us but a great teacher and a [17:15] great pastor and she holds [17:16] the title of a pastor. [17:21] As a young girl she always [17:22] wanted to help. [17:23] She submit herself to GOD at a [17:27] very, very early age And in [17:28] doing so she left behind her [17:28] career. [17:29] She had a career with the city [17:33] of Diego. [17:34] She was a real estate agent. [17:35] She is now full time and always [17:39] has been a pastor. [17:40] My mother unselfishly gave her [17:40] life to street ministry. [17:45] She had a church, a normal [17:46] life, had a church several [17:46] churches in San Diego And doing [17:51] so she not only served people [17:52] but she served GOD and [17:52] providing we have set we have [17:57] homes for men and women. [17:57] She also did street ministry [18:02] with tents for Ocean View Park [18:02] . [18:03] She had revivals, she did [18:03] church you name it. [18:06] My mom was one of the first [18:07] women as a pastor and [18:08] recognized as a pastor in [18:13] the city of San Diego In [18:14] the community she held many [18:14] meetings feeding the homeless [18:19] all while sharing the good news [18:19] of Jesus Christ Our Lord, thank [18:20] you for all your celebrations. [18:25] >> Her 90th birthday she turns [18:25] 90. [18:26] Mom, raise your hand. [18:31] There she is right there with [18:32] somebody I would like to teach [18:33] you time. [18:33] Okay. [18:33] Thank you so much. [18:37] Okay. [18:37] >> Thank you. [18:38] Sorry. [18:38] We do have to be fair, but [18:39] somebody as good as you did [18:41] your time. [18:42] >> We have no additional [18:43] speakers here in council [18:43] chambers going to those [18:48] participating remotely. [18:49] We have four speakers in [18:49] the queue. [18:50] Please note again that items 33 [18:54] and 39 were returned so no [18:54] comments to be should be to [18:55] those items. [18:55] Hector if you can please on [18:59] mute and let me know which item [19:00] or items you wish to speak to [19:06] The proclamation items Which [19:06] one? [19:10] I don't know which [19:15] the proclamation is 130 of [19:15] the item 33. [19:15] Please proceed. [19:16] You have one minute. [19:20] So in the history of our city [19:21] especially at the time it is [19:22] now we have got to make more [19:27] proclamations to other groups [19:27] of people and knowledge their [19:32] suffering and kind of wide open [19:32] especially right now I proclaim [19:33] we're going to be in for a long [19:38] meeting the next couple of days [19:38] and you guys might want to [19:39] order in order some Uber for [19:44] some food in and just keep [19:44] the meeting going so everyone [19:50] can talk and have a good day by [19:50] Blair Wickman If you can please [19:51] unmute and let me know which [19:53] item or items you wish to speak [19:58] to. [19:59] I'm Blair Beekman. [20:03] I want to speak on three items [20:04] with you If you can please let [20:08] me know which three items for [20:08] the record. [20:09] >> Yeah. [20:12] Item 31. [20:18] Item 36 and item five hundred. [20:23] >> Please proceed. [20:24] Thank you. [20:24] You know, it's my understanding [20:29] that the Brown Act if a meeting [20:30] an item is not been spoken [20:35] before in council or committee [20:35] you have to allow public [20:36] comment if you take it off. [20:40] >> So just a real note that we [20:41] can talk about at a later time [20:42] about the Buddha Buddha [20:47] birthday celebration in day. [20:48] This is a day to consider all [20:53] of our religions and here in [20:54] San Diego and that all have a [20:54] good standing Buddhist [20:59] traditions have a good way to [20:59] understand that concept and [21:04] that all all religions can be [21:04] decent and respectable. [21:05] >> Good luck What we can work [21:09] on in San Diego. [21:10] I want to talk a lot more on [21:10] this subject. [21:11] I feel a lot of sorrow in [21:15] what's happened and ways that [21:15] we can come together as a [21:16] community. [21:17] Thank you for the words of a [21:21] counselor present. [21:22] Foster It's a time to really [21:22] work together in our [21:28] differences and find good [21:29] results in our differences And [21:29] I think we can do that. [21:30] I think there's ways to do that [21:33] in our efforts. [21:34] >> There's two other items you [21:39] have on s500 a Filipino [21:44] American employee the city of [21:45] San Diego Filipino-American [21:49] Employee Association de I spoke [21:50] yesterday I made I really tried [21:54] hard to speak on issues [21:55] yesterday and I was really it's [22:01] not my intention to bring out [22:02] the worst of ourselves if I am [22:07] it is what the real purpose of [22:08] work and how to bring out [22:08] the best of ourselves and what [22:09] we need to be looking for. [22:13] I try to work in a way where [22:13] conversations are not kind of [22:14] the regular conversation you [22:14] guys have. [22:17] I feel that you have them [22:18] personally and internally but [22:19] they're not conversations that [22:24] are allowed openly and I hope [22:24] when I do that it's with [22:25] the intent to to offer fair, [22:30] decent conversation not to [22:30] inflame and not to play gotcha. [22:31] I really want to work towards [22:36] constructive good answers in [22:36] the future. [22:37] >> So what the San Diego [22:41] Filipino item again I hope you [22:42] guys can consider what a pay [22:46] cut to city workers can mean to [22:47] the community I think they [22:47] would be incredibly agree to do [22:52] and ways to find to to address [22:53] you know morale issues that [22:56] we're having as as the San [22:57] Diego community and good luck [23:03] in considering that concept and [23:03] finally to the mentioned morale [23:04] I mentioned Emergency Medical [23:09] Services Week important things [23:09] again, Andrea. [23:10] I mean it's had difficulties [23:14] with emt and cpd. [23:15] I hope this can be a time to [23:15] really decently review best [23:20] practices and discover together [23:21] learn together you know their [23:21] problems. [23:25] We can correct our problems. [23:25] >> Thank you. [23:26] Thank you, Tony. [23:31] If you can please unmute I can [23:32] I mean for you and let me know [23:36] which item or items you wish to [23:36] speak to. [23:37] >> Hey, good morning. [23:38] Can you hear me? [23:42] Yes, please proceed. [23:43] >> Let me know which item or [23:43] items I wish to speak to [23:46] the declarations. [23:47] >> The declaration is part of [23:48] the consent. [23:48] Yes. [23:52] The item number. [23:53] What was it? [23:54] Which were the two that were [23:54] excluded That can't be spoken [23:55] to you right now? [24:02] Items 33 and 39 339 okay I will [24:05] speak to item 31 please. [24:06] Please proceed to You'll have [24:06] one minute. [24:10] Thank you. [24:11] Hey, good morning, counsel. [24:16] Just just wanted to say thank [24:16] you. [24:17] >> I know it's going to be a [24:21] long day to day and yeah, I [24:22] wanted to call in to support [24:23] what Blaire Beekman said. [24:27] I agree with what he was [24:27] saying. [24:28] I'm not sure I don't have much [24:29] to say about this proclamation [24:32] so I just wanted to say good [24:37] morning and wanted to say look [24:38] for looking forward to today. [24:38] >> Thank you. [24:39] Thank you. [24:42] And our final speaker is 8700. [24:43] The five minute timer has also [24:43] concluded so no additional [24:48] speakers will be taken 8700 If [24:49] you can please email and let me [24:52] know which item or items you [24:53] wish to speak to. [24:53] Yes, thank you. [24:54] City Clerk I will be speaking [24:58] to all of them. [24:59] >> Please have three minutes. [25:03] Please proceed. [25:03] Good morning everyone and my [25:04] condolences to all. [25:08] And the way I'm going to [25:08] proceed with this I hope it [25:09] helps a little bit. [25:10] Please forgive me if I [25:13] mispronounce anything and I [25:18] won't say the numbers but you [25:19] know what they are National [25:19] Public Works Week. [25:24] Thank you for making this a [25:30] better world for I hope I can [25:35] do this and just say thank you [25:40] for making this a better world [25:40] . [25:41] Torrie Wilson Thank you for [25:44] making this a better world [25:45] Garden Catering Thank you for [25:51] making this a better World [25:51] County Day. [25:55] Thank you for making this a [25:56] better world. [25:56] Emergency Medical services for [25:57] inmates. [26:01] Thank you for making this a [26:02] better world. [26:06] Amy Taylor Martinez, thank you [26:07] so much for making this a [26:11] better world for Antibodies [26:12] Day. [26:12] Thank you for making this a [26:16] better world. [26:22] Filipino American employees [26:23] thank you for making us a [26:23] better world. [26:26] To region three to Bueno Amino. [26:30] Stay. [26:31] Thank you for making this a [26:32] better world. [26:37] Billy Joel. [26:37] Yeah. [26:41] I'm not sure I got that right. [26:41] Thank you for making this a [26:42] better world. [26:46] And to everybody else who works [26:47] to make this a better world and [26:48] there's so many people in [26:51] the world. [26:52] Thank you so much. [26:53] It's a difficult day in a way [26:57] It was difficult yesterday and [26:58] I just assemble and get ready. [27:01] Thank you. [27:06] >> Does that conclude your [27:07] comment? [27:07] Yes. [27:07] I'm sorry. [27:08] Thank you. [27:12] That does include public [27:13] comment on the proclamations. [27:13] >> All right. [27:14] Thank you, city clerk. [27:16] And with that I'll turn it over [27:17] to my council colleagues for [27:18] any questions and comments. [27:19] Entertain a motion and we'll [27:21] start with council member [27:22] Moreno. [27:22] >> Wonderful. [27:22] Thank you. [27:25] I have comments on item number [27:26] 37 which is Amy Kremer Martinez [27:29] And I would ask her to please [27:34] come up to the podium. [27:39] Thank you. [27:40] Come right here. [27:41] In honor of teachers [27:45] appreciation Week we recognize [27:46] an educator whose leadership [27:50] has transformed Southwest High [27:50] School into a place where [27:51] students feel seen, supported [27:52] and inspired. [27:56] Last year Southwest High School [27:57] celebrated its 50th anniversary [28:00] and Mosquera Martinez has shown [28:01] unwavering commitment to young [28:05] people in District eight [28:06] ensuring that every student has [28:07] access to opportunities that [28:10] help them thrive. [28:11] As a graduate of Bonita Vista [28:12] High School Southwestern [28:12] College. [28:16] Cfa. [28:16] Fullerton National University. [28:17] And Point Loma Nazarene [28:21] University MISS Martinez [28:22] embodies the strength and [28:22] promise of the South Bay [28:26] Education community. [28:27] Since 2011 MS. Claire Martinez [28:31] has served the Sweetwater Union [28:32] High School District as a [28:33] teacher and administrator [28:37] supporting her heart into [28:37] the community that raised her [28:38] through assemblies athletic [28:42] support, visual and performing [28:43] arts programs and student [28:43] engagement. [28:47] MS.. [28:47] Martinez has strengthened [28:48] campus pride and created a [28:52] culture of belonging. [28:52] MS. Claire Martinez Inclusive [28:56] programing an equitable system [28:57] ensures that every student from [28:58] every background has a chance [29:02] to participate lead and shine. [29:02] She has forged meaningful, [29:06] meaningful connections with [29:07] families, staff and community [29:12] organizations reminding us that [29:13] schools thrive when communities [29:13] come together. [29:17] Now MS.. [29:17] Clara martinez has attended [29:18] National Night Out at Robert [29:21] Edgar Park where Southwest high [29:22] school students consistently [29:23] showcase a variety of [29:26] performances. [29:27] The event is recognized as [29:27] the largest attended National [29:32] Night Out celebration in San [29:32] Diego County. [29:33] Now as a first generation [29:37] college student, MS. Claire [29:38] Martinez has shown students [29:38] what is possible when [29:42] determination meets opportunity [29:42] . [29:42] Inspiring them to break [29:43] barriers on their own. [29:47] She is joined today with her [29:48] loving husband Nick Martinez, [29:52] mother and father and also [29:52] Southwest High School asb [29:53] PRESIDENT. [29:57] They matter but there are no [29:58] future as be PRESIDENT Zoe [30:01] Garcia and future sb Attorney [30:06] General Admi Gonzalez. [30:07] I think yet another [30:12] exemplification of how she [30:12] brings and uplifts students. [30:13] So MS. Claire Martinez you [30:16] represent the very best of our [30:16] educators those who change [30:17] lives not with grand gestures [30:21] but with daily acts of care, [30:22] advocacy and belief in their [30:26] students those who show up with [30:27] heart, who lift students when [30:28] they doubt themselves and who [30:31] quietly shape the future for [30:32] one young person at a time. [30:33] So for those reasons and many [30:36] more the city of San Diego [30:41] proudly proclaims MAY 19th, [30:41] 2026 as Amy Quiere martinez [30:42] Day. [30:50] >> Thank you. [30:50] >> I'm ceding her my time. [30:54] Council PRESIDENT. [30:55] >> Thank you. [30:55] If that's okay I'd like to [30:56] welcome my students to come [30:59] over. [30:59] They'd like to say something. [31:03] I cannot do this work if it [31:04] wasn't for the support of my [31:07] family at home and my family at [31:08] work. [31:09] So I'd like for them to say a [31:09] few words because this this [31:24] really is because of them. [31:30] >> Hello everyone. [31:31] My name is Zoe Garcia. [31:31] I currently serve as a [31:32] Southwest. [31:35] Hi attorney General and I was [31:36] recently elected as the future [31:39] as your PRESIDENT For the 2026 [31:39] 2027 school year. [31:40] It is a privilege to be here [31:44] today recognizing MISS Your [31:45] Martinez for her dedication and [31:46] hard work as the assistant [31:51] principal student activities [31:51] and our acp advisor MISS [31:52] Martinez always goes above and [31:54] beyond for our school and [31:54] students. [31:55] Since joining us b as a [31:55] freshman she has been nothing [31:58] but kind, supportive and [31:59] encouraging throughout [31:59] the years She has become [32:03] someone I look up to and turn [32:04] to for guidance. [32:04] Her passion for her work and [32:05] the case she shows to every [32:08] student truly makes her a role [32:08] model. [32:09] I can confidently say that she [32:12] has helped shape me into [32:13] the leader and person I am [32:13] today and I will always be [32:17] grateful for her support. [32:18] MS. Martinez truly deserves [32:18] this recognition for [32:21] the positive impact she has [32:22] made on so many lives. [32:23] Congratulations MS. Martinez [32:23] and thank you for everything [32:26] you do and thank you all for [32:27] your attention. [32:31] >> Thank you. [32:37] >> Good morning everyone. [32:39] I am the L.A. Create 50th proud [32:40] asu PRESIDENT At fault with [32:40] high school. [32:44] Honestly being PRESIDENT I [32:44] would have not gotten to that [32:45] position without the support [32:49] And MISS Martinez believing in [32:50] me and encouraging me to take [32:50] on new positions and new roles. [32:54] Challenging myself on a daily [32:55] basis because she saw potential [32:58] I didn't see myself. [32:59] I have I've had the honor to [33:04] work with her all my four years [33:04] since I started in. [33:07] It's been my freshman year to [33:08] almost leaving. [33:09] I'm going to MISS Her so much [33:09] but I know she will continue to [33:12] push me beyond graduating [33:13] Southwest High School. [33:17] She's been a role model and [33:18] she's been one of the key [33:19] people that will continue to [33:22] motivate me and from winning [33:26] the laurels for leaders and [33:27] Community Service project I [33:28] knew she was a big part of [33:28] that. [33:32] She made a huge impact in that [33:33] project and overall she's just [33:34] been like a second one to me at [33:37] school and now I can always run [33:37] to her or tell her anything. [33:41] Honestly. [33:42] But she's been a great model, [33:43] great role model And this [33:46] recognition is beyond deserved. [33:55] >> So thank you guys. [33:56] >> Thank you. [33:56] And without without Council [33:57] PRESIDENT I'm happy to make a [34:00] motion to move proclamations. [34:00] >> Thank you. [34:01] Thank you. [34:01] Council members We have a [34:07] motion by Council Memorandum. [34:07] >> We'll go next to [34:08] Councilmember Foster. [34:12] Yes, thank you, Council [34:12] PRESIDENT. [34:13] And I'm going to try to keep my [34:16] comments brief. [34:21] Just congratulations to all of [34:21] the organizations and [34:25] individuals receiving [34:26] the proclamation today. [34:31] But I want to say a few words [34:34] on item as 502 Billy Joe to [34:39] Marcia Spears Day as we are [34:43] here to celebrate Pastor Spears [34:44] . [34:44] As we approach your 90th [34:48] birthday on the 21st, it is [34:49] truly a blessing to recognize [34:53] and celebrate you today. [34:54] Your life has been grounded in [34:58] faith service, family and love [34:59] for community and so many [35:03] people across the district for [35:03] have been touched by your care, [35:08] leadership and generosity over [35:08] the years whether through [35:09] ministry feeding families, [35:13] mentoring young people or [35:14] simply showing up for those in [35:14] need. [35:18] You have poured into this [35:18] community for decades and I [35:21] have to say 90 years young and [35:22] still going strong is something [35:26] we can all aspire to. [35:27] On behalf of District four in [35:31] the city of San Diego. [35:31] Happy early birthday and thank [35:35] you Thank you for all that you [35:36] do and all that you have given [35:37] not only to District four but [35:40] to the city of San Diego. [35:41] >> Thank you so much And yes [35:48] indeed I just want to read one [35:53] line from the proclamation as [35:57] we are in this time. [35:58] I just think for me personally [36:02] family is just so, so important [36:07] and hidden in the proclamation [36:08] It reads As a devoted mother of [36:12] seven grandmother of 19 and [36:16] great grandmother of 26 Pastor [36:20] Spears has built a lasting [36:21] legacy grounded in love [36:25] guidance and generational [36:31] impact that truly is a blessing [36:36] and GOD is good and thank you. [36:37] >> Thank you for everything [36:37] that you have done for the city [36:40] of San Diego. [36:45] And with that council PRESIDENT [36:46] I do have some time remaining [36:46] on the lights. [36:48] >> I will second [36:49] the proclamations but I would [36:50] like to offer any time to any [36:54] other family member that would [36:55] like to come up and say a few [37:07] words please. [37:13] You. [37:14] I really do. [37:27] And then why don't Oh, we want [37:33] to you know I want to thank you [37:37] for all goes to GOD and of San [37:41] Diego I don't mean they helped [37:42] me all the way up to two [37:43] different programs that were [37:46] gifted to you. [37:51] I really thank GOD and I pray [37:56] full you politician after I [37:57] thank you all for what you all [38:04] have done and say Oh I am just [38:05] so grateful that the Lord bless [38:10] one of my children's pastor way [38:10] about five years ago. [38:14] GOD's been good to me, be good [38:15] to my children and I just thank [38:16] GOD for the youth program. [38:20] Everything helped me and I'm in [38:21] tears. [38:21] I thought about how I had put [38:24] their age up this was they [38:25] supposed to be 50 Their youth [38:29] program brought a lot of help [38:33] to this city in San Diego in [38:33] the southeast area. [38:34] I wish they would get it back. [38:38] We would have so many people on [38:39] the street, young people if we [38:42] could get that program back So [38:43] I don't know if it can be done [38:44] but I thank GOD But I you can [38:50] do it if you put your trust in [38:51] GOD sometime I feel that they [38:52] had it I do it Lord seven years [38:53] and not all the way up I [38:54] received about six months I [38:56] sent the checks back to them [38:57] and told them I would do for [38:58] myself And I thank GOD for [39:01] the city of San Diego because [39:02] you all have truly been good to [39:05] my family and my children's. [39:06] >> Thank you so much. [39:10] Union and thank you. [39:15] Thank you so much and MAY GOD [39:16] continue to bless you with his [39:19] love, with his grace and with [39:20] good health. [39:21] Thank you Counsel Present That [39:25] concludes my comments. [39:25] All right. [39:26] Thank you. [39:26] So we have a motion by council [39:27] member Moreno, the second by [39:29] Councilmember Foster to move [39:29] The proclamations will go next [39:30] to council member Campbell [39:34] Thank you council PRESIDENT And [39:35] thank you and congratulations [39:39] to everyone receiving [39:39] proclamations today I will [39:44] speak on three very briefly 32 [39:48] 3436 and I'd like to start on [39:48] behalf of my colleague council [39:49] member Von Wilpert who couldn't [39:53] be here today but who like to [39:58] give a proclamation in honor of [40:02] our Teatro Catering Company. [40:03] She asked me to share her [40:03] congratulations on this [40:07] proclamation Recognizing Auntie [40:11] Arturo Catering Day for more [40:11] than two decades Arteta has [40:12] been an important part of San [40:15] Diego's small business [40:16] community and a place that has [40:17] brought people together through [40:22] great food. [40:22] Councilmember Von Wolford has [40:23] been at lta through many times [40:25] over the years and wanted to [40:26] share that The food is always [40:27] incredible especially the baked [40:30] goods. [40:31] Auntie Arturo has created a [40:31] welcoming space in the heart of [40:35] downtown in San Diego where [40:35] people can enjoy quality food [40:40] and European inspired cuisine. [40:41] Nancy Daniels leadership and [40:41] commitment to the community [40:45] have helped make our Teatro [40:46] such a long time Local favorite [40:49] Congratulations on 22 years of [40:49] service to the San Diego [40:54] community and best wishes for [40:55] continued for continued success [40:59] in the many years ahead And I [41:00] believe that they Would you [41:04] please wave There you are. [41:05] >> Yes, I knew you were here. [41:13] Thank you And thank you on [41:14] behalf of Council Member one [41:17] Open And I would also like to [41:18] make some remarks today for DR. [41:19] Troy Wilson who I believe MAY [41:23] also be here DR. Wilson or his [41:23] family. [41:28] DR. Wilson received the 2026 [41:32] Dwayne Roth Achievement Award [41:32] for his leadership in [41:33] developing developing a [41:37] medication a new medication to [41:38] treat cancer, his [41:39] groundbreaking work to advance [41:39] the treatment of certain [41:43] aggressive types of leukemia [41:43] will change the lives of many [41:47] patients for years to come and [41:48] give them many years of good [41:48] living. [41:51] As a family physician I can [41:52] tell you firsthand how [41:53] important it is to constantly [41:56] be developing new innovative [41:57] treatments so that we can help [42:01] improve the lives of our [42:02] patients. [42:02] So congratulations to DR. [42:06] Wilson on receiving this award [42:07] and I thank him for all his [42:11] Richard's research and [42:12] contributions to the field of [42:12] cancer treatment. [42:16] My last remarks will be for [42:17] item 36 Emergency Medical [42:21] Services Week proc. [42:22] I want to thank the emerging [42:26] Emergency Medical Services for [42:31] all that they do and say how [42:32] much I appreciate this work [42:32] which is observed across [42:36] America to honor our first [42:36] responders and our emergency [42:40] medicine providers. [42:41] Emergency medical service [42:45] providers are EMTs, paramedics [42:45] ,also firefighters, [42:46] dispatchers, lifeguards and [42:50] police department personnel. [42:51] First responders go through [42:51] many hours of training so they [42:55] can administer care to [42:55] residents in emergency [42:56] situations which often makes [43:00] the difference between life and [43:00] death. [43:01] And I want to thank our [43:02] wonderful first responders for [43:05] all that they do to keep San [43:06] Diegans safe every single day. [43:10] And thank you, council [43:10] PRESIDENT. [43:11] >> All right. [43:11] Thank you, Council member [43:19] Campbell Go and council member [43:19] whispered Thank you very much [43:20] Council PRESIDENT So very [43:24] wonderful proclamation today [43:24] and organizations and [43:25] individuals being recognized. [43:28] Congratulations to everybody [43:29] being honored I have Cubbage in [43:33] relation to sub including sub [43:34] specifically district three it [43:38] is my order to break forward a [43:39] proclamation recognizing [43:40] the sea fog temple in [43:43] University Heights and [43:44] celebrating Buddha's birthday [43:44] on MAY 24th. [43:48] This is at important cultural [43:49] and religious observance for [43:49] many members of San Diego's [43:53] Buddhist community and I want [43:53] to thank the Chief Temple for [43:54] the role that it plays in [43:54] fostering compassion [43:58] mindfulness service and [43:58] community connection here in [44:01] District three and around [44:02] the city of San Diego. [44:03] I would also like to extend a [44:07] special thank you to [44:07] Superintendent Be outside for [44:08] being here with us today. [44:10] I would like to welcome [44:11] the superintendent up to say a [44:20] few words. [44:25] Good morning Council PRESIDENT [44:26] And Honorable Council members [44:31] on behalf of Shivani Temple and [44:31] the Greater Buddhist Community [44:32] of San Diego we sincerely thank [44:36] the City of San Diego for this [44:36] proclamation. [44:37] Recognizing MAY 24th as [44:40] the Buddha's birthday [44:40] celebration day This [44:41] recognition carries deep [44:45] meaning for us because Buddha [44:46] spread they also known [44:50] internationally as we thank is [44:50] a celebration shared by [44:54] Buddhists throughout the world [44:54] . [44:55] In 1999 the United Nations [44:59] officially recognized Vesak as [45:00] an international observation [45:04] acknowledging Buddha's message [45:04] of peace, compassion, wisdom [45:09] and harmony for humanity. [45:10] More than seven decades ago our [45:14] founder Durban Master Xing Yang [45:14] began promoting public Buddha's [45:19] birthday celebrations across [45:19] the communities in Taiwan. [45:23] He believed that true kindness, [45:24] mutual respect and [45:25] understanding the society could [45:28] become more peaceful and [45:29] harmonious. [45:33] Today that message fills [45:34] especially important as the sad [45:35] happening affecting the Islamic [45:39] center of San Diego Yesterday [45:39] we are reminded that our [45:43] communities must continue [45:44] standing together with [45:45] compassion, friendship and [45:48] mutual respect. [45:49] Moments like this remind us [45:53] that regardless of our [45:54] different faith or backgrounds [45:57] we are all interconnected as [45:58] one big family. [45:59] This proclamation is not only [46:02] an honor for Shifang Temple it [46:03] is also a recognition of [46:07] contributions of the entire [46:07] Buddhist community and all of [46:11] those who work together to [46:12] foster compassion, mindfulness [46:13] service and peace in our [46:17] society. [46:17] >> Buddha's birthday is truly a [46:18] celebration for everyone [46:22] regardless of background or [46:23] faith tradition because [46:26] the values we celebrate are [46:27] universal peace, gratitude, [46:32] compassion and a consistence. [46:33] We will only invite everyone to [46:37] join us on MAY 24th Buddha's [46:38] Birthday and Family Festival as [46:41] we celebrate together in a [46:42] spirit of harmony and [46:42] friendship. [46:46] Thank you Superintendent. [46:47] >> Thank you for those words. [46:51] Very well said. [46:56] >> Today I am also pleased to [46:57] join my colleagues in ordering [46:57] the highly recognized [47:01] restaurant Kelly and proclaim [47:02] JUNE 4th as Kelly Day in [47:03] the city of San Diego. [47:07] Over the past five years chef [47:07] Travis Ricard and Kelly have [47:10] helped to establish say, Diego [47:11] is a nationally recognized [47:11] culinary destination Through an [47:15] extraordinary commitment to [47:16] hospitality, creativity and [47:16] excellence. [47:17] Beyond the restaurant itself, [47:20] Kelly has made a meaningful [47:21] impact on our local community [47:21] by supporting local farmers and [47:25] fishers and producers [47:26] contributing to the East [47:26] Village economy and helping to [47:27] better the next generation of [47:30] hospitality professionals here [47:31] in San Diego. [47:31] And I also want to recognize [47:32] the restaurant's commitment to [47:35] giving back including its [47:35] partnership with feeding say [47:36] Diego. [47:40] JUNE 4th also carries a deep [47:40] personal significance for [47:41] Travis and his family as it [47:44] honors the life and memory of [47:44] his brother. [47:45] I think it is particularly [47:49] meaningful that they have [47:50] chosen to transform a day [47:51] rooted loss in the world that [47:54] is centered on generosity and [47:54] purpose of family and [47:55] community. [47:56] And I would like to thank Chef [47:58] Swicord at Barnes Ricard, [47:59] the owners of Kelly and their [48:00] staff for everything that they [48:04] have contributed to San Diego. [48:04] And I would like to invite Mia [48:05] and Travis to come forward at [48:06] this time and share a few words [48:20] with us. [48:21] >> Thank you so much for this [48:22] recognition and this [48:25] proclamation. [48:26] As a born and raised San Diego [48:30] kid, it's a lot for me to stand [48:31] up here today and feel this [48:35] emotion. [48:35] But I traveled all over [48:36] the world cooking to learn how [48:39] to be the very best chef I can [48:40] be and be the best [48:41] restauranteur I could be. [48:41] And when I moved home after [48:45] doing that I really felt a [48:45] strong responsibility to be [48:49] more than a chef and more than [48:50] a restauranteur and have a true [48:50] impact on my hometown. [48:54] And I think that outside of [48:55] having just a great restaurant [49:00] it's been a true honor to have [49:04] that ability and to really [49:09] focus our energy and on giving [49:09] back to the community. [49:10] Just recently we've been able [49:14] to open up a school pantry in [49:15] our in our neighborhood in Bio [49:15] Logan. [49:18] And I can't tell you a more [49:19] meaningful thing I've ever done [49:23] in my life So to get this [49:23] recognition today it means a [49:24] lot to us And thank you so [49:24] much. [49:28] >> Thank you very much, Travis. [49:28] Thank you. [49:29] Be a congratulations. [49:29] Thank you for being here this [49:30] morning. [49:34] Thank you. [49:40] >> I am also pleased to joined [49:40] by colleague culture Barbara [49:41] Campbell and Councilmember Bart [49:41] Wilpert. [49:44] It recognizes the El Teatro [49:45] Catering As you heard for over [49:48] 22 years it has been a staple [49:49] of our civic center providing [49:50] city employees and theatergoers [49:54] and visitors with great service [49:54] and a wide variety of tasty [49:55] foods and drinks. [49:59] So congratulations to El [50:00] Cerrito and 22 years as [50:04] Councilmember Kimball pointed [50:04] out, this is also Emergency [50:05] Medical Services Week and I am [50:09] delighted to join my colleagues [50:09] in bringing forward [50:10] the proclamation recognizing [50:13] ems Week. [50:13] Emergency responders have [50:14] incredible courage and [50:14] strength. [50:18] They are there for every member [50:19] of our community. [50:19] But the call comes in for help [50:22] no matter the circumstances [50:23] They are a lifeline for people [50:24] facing life threatening [50:24] injuries or illness. [50:27] Their ability to quickly [50:28] perform their duties could [50:29] absolutely be the difference. [50:29] As we all know between life and [50:32] death. [50:33] I'd like to recognize all of [50:34] our emergency responders across [50:34] our city for their outstanding [50:37] work to save countless lives [50:38] many times putting themselves [50:42] in the way of danger. [50:43] And I would like to invite [50:43] first responder Carlos Valdes. [50:47] Acosta to come up at this time [51:01] and please say a few words. [51:01] >> Good morning City Council. [51:02] On behalf of American Medical [51:03] Response, I'm truly grateful [51:07] for receiving this and a very [51:08] knowledge ems week. [51:08] I take a second to have my team [51:17] stand up for a second. [51:18] >> I want to take a moment to [51:23] highlight what it takes to make [51:23] ems great. [51:24] We have EMTs, paramedics, [51:27] dispatchers, nurses, [51:28] dispatchers, servers and all [51:29] our support staff that work [51:33] together to make this you know, [51:33] put a great service in the city [51:34] along with other partners that [51:35] we collaborate with City Fire [51:40] or City Communication Center. [51:41] It truly is a team sport and it [51:42] really takes all of us to show [51:43] up and really serve this [51:45] community every single day. [51:46] We're truly grateful and proud [51:47] to serve the city of San Diego [51:50] and we're extremely humble for [51:51] everyone here to put the trust [51:52] in us to provide that care. [51:56] Thank you for recognizing ems [51:56] Week and thank you for [51:57] the people behind it. [51:57] >> Thank you. [51:58] Thank you very much, Carlos. [51:59] Thank you to all of you for [52:04] your service to our city. [52:08] >> I'm pleased to join Bayer [52:09] Gloria and councilmembers Lee [52:09] played Isla Rivera in [52:12] proclaiming City of Santiago [52:13] Filipino American Employees [52:17] Association Day As we celebrate [52:18] the important contributions of [52:18] the city of San Diego, Filipino [52:22] American employees Association, [52:23] Filipino Americans continue to [52:23] play a vital role in [52:27] strengthening say Diego through [52:28] public service and community [52:28] leadership, health care, [52:32] education and so many other [52:32] fields. [52:33] And I want to thank [52:34] the association's leadership [52:34] and members for their [52:37] dedication and continued [52:38] commitment to serving [52:38] the people of San Diego. [52:43] And finally I will join in [52:44] the thanks to Rita Cabello, [52:46] comedian Ed Roos for 30 years [52:46] of dedication to our city. [52:47] Congratulations. [52:50] For decades you served our city [52:51] and we are deeply grateful for [52:51] your service. [52:52] Thank you and thank you. [52:55] Council PRESIDENT Thank you [52:56] Council member Whitburn I will [53:00] now go to Council PRESIDENT Pro [53:01] Tem Lee I think as PRESIDENT [53:02] And I want to thank my [53:03] colleagues for the number of [53:05] recognitions today including to [53:06] everyone in ems. [53:11] Thank you for being here too [53:11] Kelly I've actually had a [53:12] chance to visit once with my [53:15] friends from Kingfisher and it [53:16] was very enjoyable and [53:16] congratulations to you and all [53:20] your work in the community. [53:21] I'm going to speak specifically [53:22] to a couple of proclamations [53:25] starting with item 31 where I [53:25] want to thank Council member [53:29] Whitburn for having us join him [53:30] in proclaiming MAY 24th 2026 as [53:33] Shipping Temple and Buddha's [53:34] Birthday Celebration day in [53:34] the City. [53:35] I think you've already heard a [53:36] little bit about them what they [53:39] do and I just want to thank you [53:39] for your remarks especially in [53:43] light of the incident yesterday [53:44] at the Islamic Center of San [53:44] Diego and especially and [53:48] recognizing that when it comes [53:48] to getting people together of [53:49] all faiths and all cultures, I [53:50] think there's one thing that we [53:53] can share in common in terms of [53:54] calling out hatred and violence [53:57] and that was meaningful for you [53:58] to share in your time up here [54:02] for item 32 for Troy Wilson Day [54:02] we actually originally had [54:07] intended to have DR. Wilson and [54:08] his team with us today and I [54:08] just want to share that in [54:11] light of yesterday's events [54:12] that they did make a choice, [54:13] you know not to attend this [54:16] morning but I do still want to [54:17] take this moment to join [54:21] council PRESIDENT LaCava, my [54:22] colleague Councilmember [54:22] Campbell in proclaiming JUNE [54:25] 11th, 2026 is Troy Wilson Day [54:26] in the city of San Diego on [54:26] JUNE 11th. [54:30] DR. Wilson will be presented [54:31] with the 2026 Dwayne Roth [54:32] Achievement Award for his [54:35] leadership in cancer drug [54:36] development and his impact on [54:36] cancer patients. [54:37] The Dwayne Roth Achievement [54:40] Award is presented to health [54:41] care leaders whose focus is [54:41] solely on patients by [54:42] overcoming institutional and [54:45] scientific challenges to bring [54:46] forward new research that leads [54:47] to revolutionary treatment [54:49] methods and as PRESIDENT Ceo [54:50] and CHAIRMAN Of the Board for [54:51] Cure Oncology, DR. Wilson has [54:55] been a pioneer in that field. [54:55] He's proven to be an [54:56] accomplished leader in biotech [54:57] through the founding building [54:59] and leading of innovative [55:00] companies that deliver [55:00] transformative therapies for [55:01] patients benefit. [55:04] And with more than 25 years of [55:04] experience has delivered [55:05] groundbreaking therapies that [55:08] have resulted in life changing [55:09] results for oncological [55:09] patients. [55:10] So we're certainly honored to [55:13] celebrate his innovation and [55:14] achievements and DR. Wilson's [55:15] deep commitment to innovation [55:19] and patients certainly make him [55:19] worthy of that recognition. [55:23] Thank you to you cc D.A. For [55:24] recognizing him and we're [55:28] honored to join them in that. [55:28] And then finally for item 500, [55:29] we're proud to recognize [55:32] Philippine independence Day and [55:33] to celebrate the lasting [55:34] contributions of our Filipino [55:37] American community, especially [55:38] through the dedicated city [55:38] employees who serve our [55:42] residents every day. [55:42] This proclamation celebrates [55:43] the city of San Diego [55:47] Filipino-American employees and [55:48] they hold a fantastic cultural [55:52] celebration every year [55:52] surrounding the Independence [55:53] Day. [55:53] It's a great luncheon. [55:57] Last year they had a city band [55:57] that performed which was fun in [56:02] its own right and in these [56:02] moments I think we we are [56:03] appreciative that we get to be [56:06] a city that really values this [56:06] sense of diversity within our [56:07] city and the impact that [56:11] Filipino employees have [56:12] throughout the city of San [56:12] Diego. [56:13] So with that concludes my [56:16] comments. [56:17] Thank you. [56:17] Council PRESIDENT All right. [56:18] Thank you. [56:18] Council PRESIDENT Pro Tem Not [56:21] seeing anyone else in [56:21] the lights. [56:22] i'll offer a few concluding [56:25] comments as well recognizing [56:30] everybody who got a [56:30] proclamation an individual a [56:35] cause Um I congratulate and [56:36] thinking of my colleagues for [56:37] bringing these and highlighting [56:40] what makes San Diego so special [56:41] to emergency medical services. [56:44] Thank you to the first [56:45] responders and what you do [56:45] every day. [56:49] As was said unfortunately too [56:50] often yesterday you run into [56:50] the danger to serve those in [56:55] their most vulnerable [56:55] conditions. [56:56] >> So we're so appreciative. [56:59] As the only Italian up here, [57:00] I'm a little embarrassed that I [57:01] didn't get my name added to [57:04] the proclamation. [57:05] But I will honor you by saying [57:05] you have the best and freshest [57:08] cannoli in the city and that's [57:09] a very high bar. [57:13] >> So thank you for for that. [57:17] And to the proclamations on [57:18] item 30 excuse me going to do [57:22] 32 First of Troy Wilson Day [57:23] I'll join Council PRESIDENT Pro [57:23] Tem Lee and council member [57:26] Campbell in congratulating DR. [57:27] Wilson on receiving the 2026 [57:31] Dwayne Roth Achievement Award [57:32] for your remarkable research in [57:32] the field of oncology, your [57:36] research and contributions are [57:36] nothing short of remarkable [57:37] from being the founder of [57:38] multiple cancer research [57:40] companies to developing [57:41] groundbreaking therapies and [57:42] medication. [57:42] DR. Wilson's work continues to [57:46] advance technologies that help [57:46] fight cancer and improve [57:51] the lives of so very many. [57:52] Thank you DR. Wilson for not [57:52] only making San Diego a leader [57:53] in biotechnology research but [57:56] for advancing lifesaving [57:56] research that is changing [57:57] the future of cancer treatment [58:01] in the field of oncology and [58:06] for countless patients I am 30 [58:06] National Public Works Week [58:10] today Invite my colleagues to [58:11] proclaim this week MAY 17th [58:11] through 23rd as National Public [58:15] Works Week in the city of San [58:16] Diego so that we can highlight [58:16] the public works employees who [58:20] help keep our city up and [58:20] running from maintaining our [58:21] roads and buildings to [58:24] protecting our water systems. [58:25] These are the people that every [58:26] day ensure our city's quality [58:29] of life and protect our public [58:29] health and safety. [58:30] Thank you to all the engineers [58:33] maintenance workers, managers [58:34] and public works employees who [58:35] continue to make our city as [58:38] safe as it can be. [58:39] Your knowledge, expertise and [58:40] public service do not go [58:43] unnoticed by the people of San [58:43] Diego. [58:44] And with that I will invite our [58:48] chief community services [58:49] officer and city engineer Ron [58:57] Yamin to make some remarks. [58:58] >> Good morning. [59:02] Council PRESIDENT Angela Carver [59:03] and members of the City Council [59:04] on behalf of the Public Works [59:07] professionals across the city, [59:08] thank you for this [59:08] proclamation. [59:09] Recognizing National Public [59:12] Works Week and all our [59:12] dedicated Public works [59:17] employees this year's theme [59:17] Advancing Quality of Life for [59:21] All reflects the essential work [59:22] been done across so many [59:25] disciplines and departments [59:26] from maintaining our streets, [59:27] sidewalks and stormwater [59:30] systems to delivering clean [59:31] water and wastewater services, [59:32] managing capital improvement [59:36] Project protecting public [59:36] spaces, supporting fleet and [59:37] facilities operation and [59:41] responding during emergencies [59:41] and storms. [59:42] Public policies Often [59:46] the unseen work that keeps our [59:47] city moving safely, reliably [59:47] and efficiently. [59:51] Everything go day behind every [59:52] service As a team of [59:55] hardworking professionals who [59:56] are deeply committed to [59:57] improving the daily lives of [1:00:00] residents in every neighborhood [1:00:01] even with aging infrastructure, [1:00:02] growing service demands and [1:00:06] limited resources, our [1:00:07] employees continue to be to do [1:00:11] the absolute most with what [1:00:12] they have The resilience and [1:00:15] dedication allow critical [1:00:16] services and projects to keep [1:00:19] moving forward often behind [1:00:20] the scenes We are incredibly [1:00:24] proud of our city employees and [1:00:25] grateful for everything they do [1:00:26] for our communities And thank [1:00:29] you again for the recognition [1:00:30] and for the continued [1:00:30] partnership and support of [1:00:34] the public works. [1:00:35] Thank you Ron. [1:00:36] The comments well stated. [1:00:39] All right. [1:00:40] With that we have a motion by [1:00:41] Councilmember Marino and a [1:00:42] second by council member [1:00:42] Foster. [1:00:47] Clerk Please call the roll. [1:00:48] Please start your voting system [1:00:49] I'm sorry your voting system [1:00:54] Please cast your vote That [1:00:59] passes unanimously 6 to 0 with [1:01:00] Council member Eli Rivera, [1:01:01] Councilmember Campo and [1:01:01] Councilmember Von Wilpert [1:01:02] absent. [1:01:02] Thank you. [1:01:03] Council PRESIDENT. [1:01:04] >> All right. [1:01:05] Thank you, City Clerk And with [1:01:06] that we will take a brief pause [1:01:09] for photos and we will start [1:01:10] with item 31 which is to say [1:01:14] find Temple and Buddha's [1:01:15] birthday celebration day if you [1:01:58] can come up [1:02:04] , buddy. [1:02:12] >> But yet one thing we're [1:02:58] going to and Great Thank you [1:03:07] so [1:05:04] hard to have it [1:07:04] and [1:12:11] all right continuing on with [1:12:16] this morning's business, we [1:12:17] will now proceed with [1:12:17] the approval of the consent [1:12:21] items item 50 which was [1:12:22] previously heard at the Budget [1:12:25] Committee will be returned to [1:12:26] staff again. [1:12:26] Item 50 which was previously [1:12:27] heard at the Budget Committee [1:12:31] will be returned to staff. [1:12:32] Are there any request to pull [1:12:32] an item by my council [1:12:36] colleagues? [1:12:37] I'm not seeing any such [1:12:37] request. [1:12:38] Clerk Please proceed with [1:12:41] public comment. [1:12:42] Thank you. [1:12:42] Council PRESIDENT Please don't [1:12:43] you Speaker We'll have one [1:12:45] minute per item per person If [1:12:46] you would like to speak on [1:12:47] three or more items you'll have [1:12:47] a maximum of three minutes. [1:12:50] The consent agenda includes [1:12:54] items ten items 103 104 items [1:12:55] 504 and s505 Item 50 was [1:12:55] returned. [1:12:59] We also received comments on [1:13:00] items 101 012 in favor [1:13:04] respectively b r e comment form [1:13:05] which have been distributed to [1:13:08] the Council. [1:13:09] We have Brian Helmick here to [1:13:12] speak on item 100. [1:13:14] You'll have one minute. [1:13:21] >> Please proceed And that's a [1:13:27] set strict and he does that [1:13:28] team Ed is not just a funding [1:13:29] board but it's actually [1:13:32] the embodiment of a community [1:13:32] community that voted into it [1:13:33] into existence and it's [1:13:34] residents coming together to [1:13:37] show pride in their shared [1:13:38] neighborhood and San Diego team [1:13:39] and fully supports this banner [1:13:42] district and has approved [1:13:43] related funding for a display [1:13:44] celebrating Talmage Centennial [1:13:47] year. [1:13:47] Our theme Putting down roots [1:13:48] since 1926 recognizes not only [1:13:52] talent as founding but also all [1:13:53] who have made this part of San [1:13:53] Diego their home through [1:13:57] the last 100 years Today and [1:13:58] also going forward we hope [1:14:01] the council will support [1:14:02] the community in authorizing [1:14:03] this district and the council [1:14:06] members and staff will join [1:14:07] residents at the annual Talmage [1:14:08] Block party in OCTOBER as this [1:14:11] part of San Diego steps forward [1:14:11] into its next 100 years. [1:14:16] Thank you. [1:14:17] Thank you. [1:14:17] Started the five minute timer [1:14:18] going to those participating [1:14:18] remotely. [1:14:21] We have four speakers in [1:14:21] the queue. [1:14:22] Hector if you can please and [1:14:22] mute and let me know which item [1:14:23] or items you wish to speak to [1:14:28] today. [1:14:30] The 100 The 1o4. [1:14:31] >> You'll have two minutes. [1:14:35] Please proceed guys. [1:14:36] Got to circumvent the mayor or [1:14:40] our mayor is opening as dumb [1:14:41] And now I'm talking about [1:14:42] America's finest city. [1:14:46] America's finest city would not [1:14:50] be closing the libraries [1:14:51] letting Mexico dump their on [1:14:55] us for 20 years He needs to [1:14:56] calm his jets down. [1:15:00] He's known for the mayor who's [1:15:01] charged to go to the park and [1:15:01] park. [1:15:06] How he put up with want to for [1:15:10] 20 years Who did the street [1:15:11] $150 million debacle on tv You [1:15:16] need to tell him to shut up on [1:15:20] the on white racism on cnn or [1:15:20] white supremacy or something [1:15:21] like that That's his argument [1:15:25] Hate So do your job and tell [1:15:29] the mayor to shut up man And [1:15:30] this is not right What he's [1:15:34] doing. [1:15:35] I couldn't find the number [1:15:39] there to the other So the mayor [1:15:40] is way out of line and tell [1:15:43] the chicks chicks with blue [1:15:44] hair to cool their jets at [1:15:49] the meetings, man And we got to [1:15:53] do a proclamation for the Garza [1:15:54] Strip The genocide Genocide at [1:15:58] Gaza Strip Proclamation. [1:15:59] We need to denounce that. [1:15:59] So okay. [1:16:03] Thanks a lot. [1:16:03] Next is 8700 If you can please [1:16:04] unmute and please let me know [1:16:05] which item or items you wish to [1:16:10] speak to. [1:16:10] Thank you. [1:16:14] I will be speaking on 1 or 2 1 [1:16:15] or 3 and 5 or 5. [1:16:15] >> Thank you. [1:16:19] Please proceed. [1:16:19] Thank you. [1:16:22] 1 or 2 oh first of all here are [1:16:25] two grant items and one [1:16:26] donation items. [1:16:31] So thank you for all for [1:16:31] helping us make this a better [1:16:32] world. [1:16:35] 1 or 2. [1:16:39] Yes And thank you for $1.5 [1:16:40] million grant for general fund [1:16:44] help for wild fire prevention. [1:16:45] It's just a great item. [1:16:49] So love so much to the fire [1:16:54] rescue people and their entire [1:16:54] department. [1:16:58] 103 Yes to accept donations [1:16:59] from the San Diego Parks [1:17:11] Foundation for f y 25 totaling [1:17:12] $1,875,500. [1:17:12] That's a wonderful funding [1:17:16] amount And also and a big thank [1:17:21] you to Parks and Rec and for [1:17:22] all of the employees there and [1:17:23] for everything you do for our [1:17:26] wonderful parks And thank you [1:17:31] to the donors who just love you [1:17:32] love you a lot and we just [1:17:35] appreciate your support And [1:17:36] the more help you can get us is [1:17:40] really appreciate so much. [1:17:41] 505 Yes to accepting [1:17:45] the highway bridge program [1:17:49] grant and agreement Santee [1:17:50] Irrigation District. [1:17:54] And I'll just conclude with [1:17:55] saying love to the entire [1:17:56] engineering and capital [1:18:00] projects of people for [1:18:00] everything they do for us and [1:18:04] wasn't the proclamation timing [1:18:09] at the beginning of the meeting [1:18:10] just the most beautiful spot [1:18:13] for it to be today? [1:18:14] It was so helpful for me and [1:18:18] thank you so very much and [1:18:19] we'll have a beautiful day. [1:18:19] Love to all. [1:18:23] Thank you. [1:18:24] Next is Blaire Beekman. [1:18:25] If you can please unmute and [1:18:25] let me know which item or items [1:18:27] you wish to speak to. [1:18:33] Hi Player Beekman. [1:18:34] Hold on a second. [1:18:35] I got to when I'm up here and [1:18:38] find my okay where I'm starting [1:18:41] from item s final four and then [1:18:45] items 1 to 1 one on to one of [1:18:45] three and that's it. [1:18:46] Thank you. [1:18:50] Please proceed. [1:18:50] >> Yeah. [1:18:54] Hi, I'm Claire Beekman. [1:18:55] >> I have been in two of these [1:18:56] mass shootings in the San Jose [1:19:00] area in the past ten years and [1:19:00] or have been around and, you [1:19:04] know, attending council [1:19:05] meetings and getting into [1:19:06] the work we do as a community [1:19:10] going on to these items in our [1:19:11] consent calendar regular agenda [1:19:14] it can be really helpful just [1:19:15] to see it and feel it back to [1:19:16] seeing again and what we do [1:19:20] well and good Look up what we [1:19:20] can be doing well today for [1:19:24] the Sally Ordinance for fiscal [1:19:24] year 2027. [1:19:28] Again, like I said earlier, [1:19:29] good luck to the rating [1:19:34] decreases salary decrease idea [1:19:34] And two I just wanted to [1:19:38] quickly add whatever you can [1:19:39] manage you know whatever sort [1:19:43] of cut you can take I think [1:19:44] would make an incredibly [1:19:45] helpful and important statement [1:19:48] to everyone of San Diego And I [1:19:49] think it can be really small [1:19:50] and actually accomplish a lot [1:19:54] because we we have good ideals [1:19:54] and working towards good [1:19:58] intentions and that will open [1:19:59] our minds up to better ways of [1:20:00] thinking and better logic is [1:20:03] what I'm hoping for. [1:20:04] We're set with budget issues so [1:20:05] good luck with that And to [1:20:11] really consider it item 101 is [1:20:16] budget items for funding for [1:20:17] Montgomery Gibbs Field and [1:20:21] Brownfield airports. [1:20:22] How is the item going? [1:20:23] There was supposed to be kind [1:20:26] of a after the accident at [1:20:27] the recent airport it was [1:20:31] really noted that there is a [1:20:31] lack of communication between [1:20:32] the different airports and [1:20:35] perhaps, you know, the one [1:20:35] airport that I know there's [1:20:36] basic problems and and [1:20:39] maintenance issues. [1:20:40] How is all that communication [1:20:44] going and maintenance upkeep is [1:20:45] better dialog being created, [1:20:46] better openness good luck and [1:20:49] good luck in that effort and [1:20:50] work with item 102 is Wildlife [1:20:54] Wildfire funding for the Lake [1:20:55] Hodges in San Francisco Valley [1:20:59] area And I think you've been [1:21:04] doing some interesting work as [1:21:05] a community local neighborhood [1:21:05] with the fire issues in [1:21:08] the summertime. [1:21:09] It's been really interesting to [1:21:10] see that over the past year [1:21:14] keep up that good work and to [1:21:14] mention the Dora you know don't [1:21:15] be afraid to have conversations [1:21:18] about fire issues and where [1:21:19] they come from and what exactly [1:21:22] and where they're coming from. [1:21:23] We need to have those [1:21:24] conversations and about whether [1:21:27] we can't be afraid of those [1:21:28] conversations and that they [1:21:29] can't be open. [1:21:29] They can be open. [1:21:32] Let's find ways to make open [1:21:33] and safe conversation. [1:21:36] And finally with Windows three [1:21:37] Parks Foundation issues, I [1:21:37] think we're making important [1:21:42] strides to understand even [1:21:42] Councilperson Bowman are just [1:21:43] asking is there a difference [1:21:44] between Parks Foundation [1:21:46] funding and money that's going [1:21:47] to the general fund at this [1:21:47] time? [1:21:47] It can be okay if that's [1:21:51] happening Let's just be clear [1:21:51] with each other about it and [1:21:52] your time has. [1:21:52] >> Thank you for that. [1:21:53] Thank you. [1:21:55] We have two speakers in [1:21:56] the queue and the five minute [1:21:56] timer has concluded no [1:21:57] additional speakers will be [1:22:00] taken. [1:22:00] Tony if you can please unmute [1:22:01] after that is Kathryn. [1:22:04] Tony please let me know which [1:22:05] item or items you wish to speak [1:22:09] to me Yes I would like to speak [1:22:13] to item 103 I'd like to speak [1:22:17] to item 1 or 2 and I would like [1:22:18] to speak to item 1 or 1 please. [1:22:18] >> Please proceed. [1:22:21] You have three minutes. [1:22:21] >> Thank you. [1:22:22] These seem like some pretty [1:22:26] slam dunk knock out of the park [1:22:30] resolutions here. [1:22:30] It seems like we would just be [1:22:31] accepting grants which I can't. [1:22:35] I can't think of any reason why [1:22:35] we wouldn't want to accept that [1:22:36] money. [1:22:39] The California Natural [1:22:40] Resources Agency is a is a [1:22:44] wonderful program and I think [1:22:45] that's a fantastic grant. [1:22:48] I'd love to see us accept that [1:22:48] 1.5 million to support [1:22:49] the General Fund for Wildfire [1:22:52] Prevention activities. [1:22:53] And again, I just want to [1:22:57] reiterate something that I [1:22:58] mentioned last week in Council. [1:22:59] I hope that we are looking into [1:23:03] strategic and how the fire [1:23:03] department can be utilizing [1:23:04] citrus tech in more ways. [1:23:07] I know that they're using it in [1:23:08] North County already and I know [1:23:12] that the fire chief is already [1:23:12] starting to implement it in [1:23:13] some of his practices. [1:23:17] So hopefully we can get [1:23:17] acquainted with that process [1:23:18] here as well. [1:23:22] And then moving on to item one [1:23:27] of three, let's see it looks [1:23:31] like that would be awesome to [1:23:32] receive the those donations [1:23:34] from this for the San Diego [1:23:44] Parks Foundation Looks like we [1:23:49] could possibly receive up to 2 [1:23:49] million from that grant I'm [1:23:50] reading sorry I'm just reading [1:23:53] agenda right now So yeah [1:23:58] hopefully we can utilize that [1:23:58] money you know for everything [1:24:03] that it's needed for And yeah, [1:24:03] that's all I wanted to comment [1:24:04] on. [1:24:04] >> Thank you and good morning. [1:24:05] Thank you. [1:24:07] Katherine Rounds, if you can [1:24:08] please unmute and let me know [1:24:09] which item or items you wish to [1:24:12] speak to And yes if I could [1:24:13] speak to item as final for [1:24:18] salary ordinance and as five of [1:24:21] five The bridge Sure You heard [1:24:21] those two items? [1:24:22] >> Yes, please. [1:24:22] Thank you. [1:24:23] You have two minutes. [1:24:26] Please proceed. [1:24:27] >> Okay. [1:24:27] Forward the salary ordinance [1:24:27] here. [1:24:31] It looks like you you you know [1:24:31] did you already approve your [1:24:36] memorandum of understanding or [1:24:36] did you not during closed [1:24:37] session yesterday or the other [1:24:41] time before where people said [1:24:41] you actually signed something? [1:24:45] Anyway, this report here that's [1:24:46] about a month old it said, you [1:24:50] know, at this time it didn't [1:24:51] say exactly what the pending [1:24:51] salary and wage impacts are on [1:24:55] page two of your report. [1:24:56] So exactly how much more in [1:25:00] salary and wages are you [1:25:00] expecting to bring in? [1:25:05] You know, I don't know. [1:25:05] I think this should actually be [1:25:06] a discussion item where we [1:25:09] could actually get a an [1:25:09] analysis of this. [1:25:14] But anyway, you know what I of [1:25:15] course go back to what I think [1:25:16] you guys should be doing is I [1:25:19] think you should be firing all [1:25:19] 300 of the nonunion [1:25:24] unclassified employees who got [1:25:25] double and triple their pay [1:25:28] rates compared to their regular [1:25:29] union counterparts doing [1:25:33] the same work in the same job [1:25:33] description. [1:25:34] But because they're called [1:25:35] middle managers and they're I [1:25:38] would say friends of Todd's or [1:25:39] friends of somebody who somehow [1:25:43] they get to make more money [1:25:44] than the regular union people [1:25:48] in our I believe our our our [1:25:48] budget problems or structural [1:25:53] budget deficit could be solved [1:25:53] in part by firing all these [1:25:57] people and then hiring back as [1:25:58] regular union workers And you [1:25:59] could call them managers if you [1:26:02] want to. [1:26:03] You just can't you know, they [1:26:07] just have to be not the middle [1:26:07] managers who are nonunion who [1:26:11] have no you know, labor [1:26:12] protections at all. [1:26:16] And then for the El Camino real [1:26:17] Bridge to the Via Della Valley [1:26:21] I look forward to actually [1:26:22] reading all about it. [1:26:23] I didn't know about this but it [1:26:26] seems like that would be quite [1:26:26] lovely. [1:26:27] Thank you. [1:26:27] Thank you. [1:26:28] And that concludes with a [1:26:30] comment on the consent agenda. [1:26:31] All right. [1:26:31] Thank you City clerk With that [1:26:35] will turn it over to my council [1:26:36] colleagues for questions [1:26:40] comments and entertain a motion [1:26:41] and we'll start with Council [1:26:42] member Moreno Thank you. [1:26:45] >> I have comments on item 1 or [1:26:46] 3 the acceptance of donations [1:26:49] from the San Diego Park [1:26:50] Foundation during fiscal year [1:26:50] 2025. [1:26:51] First and foremost I want to [1:26:55] thank the San Diego Parks [1:26:56] Foundation for this donation. [1:26:56] I am pleased to see that [1:27:00] several projects in my district [1:27:01] receive funding through this [1:27:05] item Enfield That laser [1:27:06] leveling and soil improvements [1:27:06] has been a longstanding request [1:27:11] by the board of the Lucky Wild [1:27:11] Little League Board at our [1:27:14] monthly community Rec group [1:27:15] meetings and I'm pleased to see [1:27:16] their commitment to the park [1:27:16] and its players being [1:27:20] recognized And through these [1:27:20] improvements these upgrades [1:27:21] directly support [1:27:24] the longstanding tradition of [1:27:25] baseball practice in District [1:27:26] eight and also ensures that [1:27:29] every player has a field worthy [1:27:30] of their hard work and passion [1:27:34] for the game. [1:27:34] The South Crest lighting [1:27:35] project illuminates [1:27:36] the pedestrian path to ensure [1:27:39] that residents can utilize [1:27:39] the park in the evening and [1:27:40] increase their feeling of [1:27:43] safety. [1:27:44] Additionally, the illumination [1:27:45] allows park and rec staff with [1:27:48] the opportunity to broaden [1:27:49] their offerings by hosting [1:27:53] programing like soccer in [1:27:53] the evening hours. [1:27:54] Now with the San Isidro Larson [1:27:56] Field Community Center being [1:27:57] one of the most visited rec [1:27:58] centers in San Ysidro, [1:28:02] the installation of Retract [1:28:02] retractable back board [1:28:06] standards modernize [1:28:07] the facility that is home to [1:28:08] many families and helps support [1:28:11] the growth in the recreational [1:28:12] recreation, growth and [1:28:16] recreational needs of [1:28:16] the community. [1:28:17] The improvement will provide [1:28:17] hundreds of local children and [1:28:21] families with the significant [1:28:21] enhancement experience for [1:28:25] their indoor basketball and [1:28:26] sports programing. [1:28:26] I would also like to record a [1:28:31] no vote on item s5o4 which is [1:28:31] the salary ordinance for fiscal [1:28:35] year 2027. [1:28:35] I understand that it's [1:28:40] the intention to bring an [1:28:40] amendment forward at a future [1:28:41] date but as it stands today I [1:28:45] cannot support this item in its [1:28:45] current form. [1:28:46] I do not believe a car [1:28:49] allowance is an appropriate use [1:28:54] of city resources for [1:28:55] the mayor's d-colo and deputy [1:28:56] chief of staff especially in [1:28:59] light of the city facing [1:29:00] significant fiscal challenges. [1:29:04] So with that no vote I am happy [1:29:09] to make a motion to support [1:29:09] the balance of the agenda. [1:29:10] >> Thank you. [1:29:10] Council PRESIDENT All right. [1:29:14] Thank you Council members. [1:29:15] So we do have a motion by [1:29:15] Council member Marino to move [1:29:18] the consent items and we'll go [1:29:23] next to myself I guess so [1:29:24] Councilmember Foster see if I [1:29:28] can help you out. [1:29:29] Council PRESIDENT I guess just [1:29:33] if I MAY if I heard you [1:29:33] correctly, you said item 50 was [1:29:34] sent back to staff. [1:29:38] I did not have that in my notes [1:29:39] is being sent back to staff. [1:29:42] Can you let me know why it was [1:29:43] sent back to staff? [1:29:44] It might be something changing [1:29:47] with the item no councilmember [1:29:52] but with the absences on [1:29:52] the council today we do have a [1:29:53] technology in place that will [1:29:57] ensure no interruption of [1:29:57] services for that software. [1:29:58] >> It will return sometime in [1:29:58] JUNE. [1:30:03] What is I'm sorry if you can [1:30:03] clarify what do you mean by [1:30:06] it's six vote Amazon It's a six [1:30:07] vote item Council member okay [1:30:10] You didn't pull the salary [1:30:11] ordinance, correct? [1:30:15] Not yet. [1:30:16] >> That that's a charter [1:30:16] requirement. [1:30:17] That's a little stickier for us [1:30:23] but it requires six correct? [1:30:24] >> I believe it's a five vote [1:30:24] item. [1:30:24] Sorry, Is it a five? [1:30:25] Oh, I thought it said six. [1:30:27] Okay. [1:30:27] All righty. [1:30:31] With that I will second [1:30:37] the member's motion but I would [1:30:38] also like to register a no vote [1:30:38] on as five vote four. [1:30:41] So thank you Council PRESIDENT. [1:30:41] All right. [1:30:45] So to the city attorney, [1:30:46] the salary ordinance is [1:30:47] actually a charter requirement [1:30:50] that mandates that we take [1:30:54] action before MAY 30th. [1:30:55] So there's six of us here. [1:30:58] It looks like there's two no [1:30:58] votes. [1:30:58] Okay. [1:31:02] What's what's next? [1:31:03] Councilmember Assistant City [1:31:04] Attorney Jim McNeil thanks for [1:31:04] the question. [1:31:07] So yes, under charter Section [1:31:07] 11.1, the council is charged [1:31:12] with sending the salaries by [1:31:13] MAY 30th through the salary [1:31:17] ordinance. [1:31:18] If it isn't passed by then then [1:31:18] there's some ripple effects [1:31:21] that take place because [1:31:22] the appropriations ordinance [1:31:25] which was to be passed by JUNE [1:31:26] 30th relies on the adopted [1:31:30] budget and the salary ordinance [1:31:30] . [1:31:31] And so in looking at it, if [1:31:32] it's not passed and [1:31:35] the appropriation ordinance [1:31:36] comes forward, we still don't [1:31:37] have a passed salary ordinance. [1:31:40] The appropriations ordinance [1:31:41] would be relying on the salary [1:31:41] ordinance from last year which [1:31:45] means that we have an issue of [1:31:46] trying to deal with the ammo [1:31:47] use that are coming forward for [1:31:51] approval by the council and [1:31:52] being able to actually pay [1:31:52] under those mou years at that [1:31:55] point in time What [1:31:56] the authorization would be for [1:31:56] that. [1:32:00] And then I'll add this as a [1:32:01] second reading so we can't [1:32:01] change the ordinance which was [1:32:05] clarified for me because that [1:32:06] starts to make it a first [1:32:09] reading Then we'd have to have [1:32:10] a second reading which we [1:32:10] cannot do before the end of [1:32:13] the month, correct? [1:32:14] Council PRESIDENT So [1:32:15] the council has already passed [1:32:18] this once the mayor has [1:32:19] returned it to council now it's [1:32:19] up for its second reading. [1:32:20] If you made any changes it [1:32:23] would have to be a first [1:32:24] reading and I think it's pretty [1:32:25] clear where the council wants [1:32:28] to make amendments But for [1:32:29] the JUNE 16th Amendment item to [1:32:30] incorporate the newly agreed [1:32:34] upon mou, you can't make an [1:32:34] amendment there if there's [1:32:35] nothing to make amendments on [1:32:37] If we don't pass something [1:32:38] today there's no future [1:32:39] decision to make. [1:32:42] And so I think if something [1:32:43] fails today and then we go [1:32:44] forward with introducing a new [1:32:44] ordinance incorporating [1:32:48] the council's you know, desired [1:32:48] amendments, we kind of go into [1:32:52] uncharted territory here post [1:32:57] JUNE basically Um I want to [1:32:58] respect my colleagues are [1:33:02] voting their conscience. [1:33:03] I do know that some council [1:33:07] members MAY show up in this [1:33:08] afternoon session so unless [1:33:12] there's any objection I'm going [1:33:13] to suggest that we trail [1:33:17] the item So you can vote [1:33:18] the way that you feel like you [1:33:19] need to vote And I don't know [1:33:22] if it'll make a difference this [1:33:23] afternoon but I know at least [1:33:23] one more council member will be [1:33:27] attending. [1:33:27] So again without objection and [1:33:32] without any protest by the city [1:33:33] Attorney's office as I navigate [1:33:37] new waters we will trail as [1:33:38] 504I guess what we'll do is [1:33:41] pull out 504 and trail it to [1:33:45] this afternoon and so each [1:33:46] council member can continue to [1:33:50] vote their conscience going [1:33:51] forward and we'll see if we can [1:33:52] navigate the charter [1:33:56] requirement and the ripple [1:33:56] effect. [1:33:57] So unless there's any objection [1:34:02] to that, well I mean I'm on [1:34:02] the list but I don't know if [1:34:03] you're trailing It means we're [1:34:06] not commenting on the item [1:34:06] anymore. [1:34:10] So I know while I'm I'm happy [1:34:11] to take any comments but we [1:34:12] clearly don't have five votes [1:34:16] with us today or this morning. [1:34:17] >> I guess I'd like to [1:34:20] understand the approach from [1:34:21] the administration bringing [1:34:22] this item back this week [1:34:22] recognizing that there were [1:34:26] challenges last week and as I [1:34:31] can tell is the response simply [1:34:32] that there is not a willingness [1:34:32] to make any changes and [1:34:36] therefore I was a desire to [1:34:37] just test the waters. [1:34:42] I know someone count them and I [1:34:42] appreciate the question. [1:34:46] Pro-Tem potentially it's to [1:34:47] second reading I can't change [1:34:47] the item from what was [1:34:48] originally voted on and passed [1:34:51] by council several weeks ago [1:34:52] and so it had to return as is. [1:34:56] I wasn't anticipating some of [1:34:57] the absences I guess for today [1:34:58] and we are also out of council [1:35:01] meetings for the rest of this [1:35:02] month knowing that we have to [1:35:02] have something voted on and [1:35:05] passed by MAY 30th. [1:35:06] If I could just interject also [1:35:07] it's a timing issue with [1:35:10] respect to what it's coming [1:35:11] back for which is which is set [1:35:12] up in this current imo this [1:35:16] current salary ordinance is [1:35:16] the fact that we have menus [1:35:17] that are in process that are [1:35:20] being approved and so it's [1:35:21] going to have to be changed. [1:35:22] It's noted in the salary [1:35:23] ordinance to adapt to those [1:35:25] employees and so it has to be [1:35:26] brought back at that point in [1:35:31] time for an amendment And so if [1:35:31] you pass it now and you have [1:35:32] commitment at the same time [1:35:35] the ammo user brought back any [1:35:36] of the amendments that you want [1:35:37] can be brought back at that [1:35:37] point in time. [1:35:38] But in the meantime you've [1:35:40] passed a salary ordinance in [1:35:45] compliance with the charter and [1:35:45] there's at least two if not [1:35:46] three members that were [1:35:50] anticipated to be present this [1:35:51] morning that are not here for [1:35:55] various personal reasons. [1:35:56] >> I understand that. [1:36:00] But I think implication in that [1:36:01] front is that somehow we're [1:36:05] here because either people are [1:36:05] voting their conscience or [1:36:06] because they're unable to be [1:36:10] here for whatever reason And [1:36:15] and frankly some I don't I [1:36:16] don't think it's as simple as [1:36:17] just saying our colleagues are [1:36:21] the ones that are leading us to [1:36:21] this position if we're just [1:36:22] going to see the same thing [1:36:23] brought forward over and over [1:36:26] again and to see the same [1:36:26] issues come up over and over [1:36:27] again. [1:36:27] So I understand that that we're [1:36:31] going to argue that we can't [1:36:32] make a change in a second [1:36:32] reading Fine. [1:36:33] We've made changes in second [1:36:35] readings and brought them back [1:36:35] for a second reading to get [1:36:36] them approved. [1:36:36] We knew this was a problem a [1:36:41] week ago so I you know we can [1:36:45] get this look as if no one [1:36:45] cares that that's the case But [1:36:46] I don't think that's an [1:36:47] acceptable response from what [1:36:50] we're seeing. [1:36:51] Council Member If I could just [1:36:52] again maybe I wasn't clear in [1:36:56] terms of even if we made [1:36:56] the change today and then [1:36:57] brought it back to a second [1:37:02] reading, we still have to come [1:37:02] back and make an amendment [1:37:03] again for the employees. [1:37:04] And so the notion was just [1:37:07] doing it once. [1:37:08] I totally, totally understand [1:37:09] that that was always the case. [1:37:09] That's part of the process. [1:37:10] We're going to hear this again. [1:37:13] I think what I heard was that [1:37:13] if all else fails and nothing [1:37:14] happens we'll be in uncharted [1:37:15] territory and will bring [1:37:17] forward a new salary ordinance [1:37:18] for consideration in that JUNE [1:37:22] meeting Not a not a amendment [1:37:23] to the existing one. [1:37:24] So either way I assume [1:37:24] something is going to get [1:37:28] brought forward in JUNE. [1:37:29] Where it differs from [1:37:29] the charter I think is [1:37:30] the issue that that we seem to [1:37:37] be at So I have additional [1:37:38] thoughts but I don't think is [1:37:38] particularly relevant will [1:37:41] trail or pull this item and [1:37:42] bring it back this afternoon [1:37:46] and see if there is a outcome [1:37:47] one way or the other. [1:37:50] >> All right. [1:37:51] >> People continue to vote [1:37:57] their conscience. [1:37:58] Let's say we did have a motion [1:38:01] by Councilmember Moreno and a [1:38:01] second by Councilmember Foster. [1:38:02] Was there any other comment on [1:38:03] the consent items? [1:38:06] I'll make? [1:38:07] I'm not seeing any I'll make a [1:38:10] quick comment on item one, two, [1:38:11] three. [1:38:11] And some of my colleagues [1:38:16] highlighted thank you to Parks [1:38:17] and Rec staff and the Single [1:38:18] Parks Foundation for working [1:38:18] together and delivering [1:38:21] community events programs on [1:38:21] park improvements across [1:38:22] the city as was mentioned [1:38:26] programs and range from [1:38:27] the basketball backboards to [1:38:28] summer long programs like Parks [1:38:32] and After Dark there's all of [1:38:33] the things and again [1:38:33] the increased enjoyment [1:38:34] engagement with our [1:38:34] neighborhood parks and [1:38:37] recreation centers as we create [1:38:38] safe places for all San Diego. [1:38:39] And once again thank you to [1:38:42] the Parks Foundation and [1:38:43] the donors for improving our [1:38:44] parks and recreation centers. [1:38:48] >> So we have. [1:38:49] Item 50 was previously [1:38:50] the Budget Committee and have [1:38:54] been returned to staff items [1:38:55] 504 has been pulled and will be [1:39:00] trailed to the afternoon [1:39:00] session But we have on [1:39:01] the balance a motion by [1:39:05] Councilmember Moreno and a [1:39:05] second by Councilmember Foster. [1:39:10] So please call the roll. [1:39:15] This is being a bit wonky today [1:39:15] . [1:39:16] >> Thank you for casting your [1:39:22] votes that passes unanimously 6 [1:39:23] to 0 with Councilmember Eli [1:39:23] Rivera. [1:39:24] Councilmember Campeon [1:39:27] Councilmember Von Wilpert [1:39:28] absent and item five of were [1:39:28] trailed to the afternoon. [1:39:32] Thank you Council PRESIDENT All [1:39:33] right thank you City Clerk Do [1:39:34] we have any comments by mayoral [1:39:38] office, Council members, City [1:39:38] attorney Independent budget [1:39:42] analyst or city Clerk not [1:39:43] hearing any requests We will [1:39:48] now take up knowledge of [1:39:49] the public comment. [1:39:49] Council members respect and [1:39:50] appreciate the public input are [1:39:54] fully committed to protecting [1:39:55] every participant's free speech [1:39:55] rights at council and committee [1:39:58] meetings with that clerk. [1:39:59] >> Please proceed with public [1:40:04] comment. [1:40:05] Thank you Council PRESIDENT For [1:40:06] all 2.7 on agenda Public [1:40:06] comment is an opportunity for [1:40:07] members of the public to [1:40:10] comment on items that are not [1:40:11] on the agenda but within [1:40:12] the subject matter jurisdiction [1:40:12] of the City Council. [1:40:16] Each speaker will have two [1:40:16] minutes. [1:40:17] Please know if there are eight [1:40:17] or more speakers on a single [1:40:21] topic the maximum time for [1:40:21] the topic will be 16 minutes. [1:40:22] If you're in chambers please [1:40:23] submit your speaker slip. [1:40:23] If you're joining us virtually [1:40:26] please raise your hand to speak [1:40:27] by tapping the raise your hand [1:40:30] icon now or the call [1:40:31] participant Star nine Gene Wong [1:40:32] if you can please come forward. [1:40:41] >> You'll have two minutes for [1:40:48] your Thank you all for having [1:40:48] me here today. [1:40:49] Yesterday was a very hard day [1:40:50] and I just want to acknowledge [1:40:52] that it's not what I'm talking [1:40:53] about today though. [1:40:54] Let's talk about transparency. [1:40:58] I really thought that morning [1:40:59] was going to be here today [1:41:00] because apparently love that [1:41:03] word at city hall right now [1:41:04] Transparency, accountability [1:41:04] and trust. [1:41:05] So let's do that. [1:41:10] So my question was actually for [1:41:10] COUNCILWOMAN Marni Wilpert [1:41:11] According to reports and a [1:41:11] settlement agreement now [1:41:15] publicly circulating, taxpayers [1:41:16] paid $50,000 over disputes and [1:41:16] controversies in more [1:41:21] meaningful involving her former [1:41:21] chief of staff. [1:41:22] Our taxpayer money Our taxpayer [1:41:27] money and allegations tied to [1:41:27] this are not pretty. [1:41:28] Reports and witnesses are [1:41:28] alleging an employee was [1:41:33] battling cancer while fired [1:41:33] while taking care of her time [1:41:34] off of chemotherapy. [1:41:39] Now maybe that's not true. [1:41:40] Maybe there's more context and [1:41:40] I would love for her to have [1:41:44] and I wish she was here because [1:41:45] I would love for an opportunity [1:41:46] to speak to this because right [1:41:46] now the public gets stuck [1:41:49] paying a bill while the details [1:41:50] disappear Behind settlement [1:41:51] language and pr cleanup You [1:41:55] can't stand and brand yourself [1:41:56] as a health care advocate and [1:41:56] protector of workers while [1:41:57] people are reading allegations [1:42:01] that someone in your own office [1:42:02] got pushed out while literally [1:42:03] fighting cancer That's not [1:42:08] working protection That's [1:42:08] the exact kind of political [1:42:09] behavior that people are [1:42:09] exhausted by. [1:42:13] And honestly this is why we've [1:42:14] lost trust in our government. [1:42:15] Regular people don't get golden [1:42:15] parachutes and confidential [1:42:20] settlements when they screw up [1:42:20] at work. [1:42:21] Regular people get fired. [1:42:21] But somehow elected officials [1:42:26] always seem to find taxpayer [1:42:26] money when things get messy. [1:42:27] San Diegans can barely afford [1:42:31] groceries but somehow we can [1:42:32] afford $50,000 settlement tied [1:42:33] to alleged misconduct of a city [1:42:37] council office And now she [1:42:38] wants a promotion to Congress [1:42:38] before asking for more power, [1:42:43] more staff clean your own house [1:42:44] first because transparency [1:42:45] doesn't count when you're [1:42:50] pointing fingers at everybody [1:42:50] else. [1:42:51] >> It counts when the light is [1:42:51] on you. [1:42:52] Thank you all so much. [1:42:53] I appreciate you Sharrock so [1:42:54] that if you can please come [1:43:07] forward. [1:43:08] Well my name is Sherry [1:43:08] Accelerometer. [1:43:12] I reside at 3713 Mount Ashland [1:43:18] Place and 92111 that I brought [1:43:18] some paperwork here with me to [1:43:19] to lead to live here with you [1:43:24] guys So one is a copy of [1:43:25] the building permit for my home [1:43:25] for the address that I just [1:43:29] read. [1:43:30] It was built back by a man [1:43:30] named Harry Summers. [1:43:35] He used a fake address for his [1:43:35] contact information. [1:43:36] I checked with the city permit [1:43:37] department and there is no [1:43:41] history for issuing a permit [1:43:41] for 4430 Street. [1:43:42] And I also checked with [1:43:46] the county tax collectors. [1:43:47] There's no history of ever [1:43:48] collecting tax for that [1:43:48] property. [1:43:53] A lot of things are wrong with [1:43:53] the house. [1:43:54] One of them is a huge concern [1:43:55] is a rectangular box in my [1:43:58] garage. [1:43:59] It's attached to the ceiling of [1:44:00] the garage. [1:44:04] It has eight electrical cables [1:44:05] ,wires, a gas pipe and two [1:44:06] water pipes inserted into [1:44:06] the box. [1:44:10] The box is about 8 to 10ft long [1:44:11] and it's connected to a dock [1:44:16] box which is connected to [1:44:17] the furnace of the house And [1:44:17] that dock box is connected to [1:44:22] another dog box via a duck tube [1:44:28] And I have pictures of those I [1:44:29] have brought with me to leave [1:44:35] out for the record duck box one [1:44:36] of the duck boxes it's 100in [1:44:38] above ground level and it [1:44:39] stands at 33in. [1:44:39] It doesn't have a bottom and [1:44:44] one of the sidewalls is missing [1:44:45] about a foot away from it is a [1:44:45] duck tube. [1:44:48] It's just hanging down Again [1:44:49] it's about 100in above ground [1:44:49] level. [1:44:50] All of these are connected to [1:44:55] the box and have the gas pipe [1:44:55] leaked into it. [1:44:59] We got this house in 1979 and [1:45:00] as a child growing up in that [1:45:00] house always smelled gas and [1:45:05] frequently things of that [1:45:05] nature. [1:45:06] >> But the people that built [1:45:07] the house and designed [1:45:11] the house MAY I continue? [1:45:12] >> No. [1:45:12] I'm sorry your time has [1:45:13] concluded. [1:45:13] If you have any written [1:45:14] comments we could definitely [1:45:18] distribute that and we can make [1:45:19] sure that gets into the record. [1:45:19] I don't have to. [1:45:20] Yes I will go down there and [1:45:23] get it. [1:45:24] I started the five and a timer [1:45:24] going to those participating [1:45:25] remotely. [1:45:28] We currently have ten speakers [1:45:28] in the queue Blair Beckman if [1:45:33] you can please and you All [1:45:39] right we're Beakman thanks for [1:45:39] the meeting today. [1:45:40] It's a sad time Like I said [1:45:45] previously you know the work we [1:45:46] do as local government, as [1:45:51] community together it's usually [1:45:51] a labor of love. [1:45:52] You know we disagree on issues [1:45:53] but now when we get into our [1:45:57] work it's just it's we're doing [1:45:57] our love, you know? [1:46:02] And it's sad that this incident [1:46:03] is happening and that the young [1:46:08] people can better understand [1:46:09] concepts of love in the future. [1:46:10] I think they do have their own [1:46:14] concept of love and it's I [1:46:15] think probably a little out of [1:46:15] whack And I mean we really have [1:46:16] to learn concepts, you know, [1:46:21] like covid 19 Somebody has some [1:46:22] great design to do something [1:46:26] beautiful for our humanity [1:46:27] human future but we don't have [1:46:28] to kill each other in order to [1:46:28] get there. [1:46:32] And that's an important lesson [1:46:33] I hope we're learning. [1:46:34] i think we've actually made [1:46:34] strides in working on gun [1:46:39] issues and gun violence with [1:46:40] young people and this incident [1:46:40] happened yesterday can be kind [1:46:45] of an end. [1:46:46] Hopefully we can really see it [1:46:46] as a beginning of an end. [1:46:47] You know, I think young people [1:46:51] are better understanding that, [1:46:51] you know, this is possibly [1:46:52] going to create more violence, [1:46:53] more you know, surveillance [1:46:57] tech laws. [1:46:58] Hopefully we're not going to go [1:46:59] in that route And everybody's [1:46:59] keeping a cool head about what [1:47:03] to do with this time And we [1:47:03] work on our issues. [1:47:09] We continue the practices of [1:47:10] love, negotiation, working [1:47:10] together And I think we can do [1:47:16] that on a number of issues and [1:47:17] different parts of our [1:47:17] community or religious [1:47:18] communities of San Diego. [1:47:21] It's really a time in in [1:47:22] figuring out the ways how we [1:47:23] can work together And I think [1:47:24] there is good ways and good [1:47:27] luck how we can be doing that. [1:47:28] Thanks for the meeting today. [1:47:29] Thanks for the words of Tony [1:47:29] and other people that we're [1:47:34] trying to be helpful and [1:47:34] constructive and hopefully [1:47:35] those good voices won't be [1:47:36] marginalized and heard at this [1:47:39] time. [1:47:39] Thank you. [1:47:40] Next is Conner Conner. [1:47:46] If you can please. [1:47:47] I mean after that will be [1:47:47] Catherine's and pick you up. [1:47:48] Oh, thank you. [1:47:50] Clark, this is Conner from [1:47:51] District three. [1:47:52] I want to start by offering my [1:47:55] condolences to the families of [1:47:56] the three individuals who were [1:47:57] killed yesterday in yet another [1:47:57] act of violence, hatred or [1:48:01] harassment against members of [1:48:02] the Muslim and Jewish [1:48:03] communities in this city and [1:48:07] across the country more broadly [1:48:07] We've heard testimony from [1:48:08] members of those communities at [1:48:09] city council meetings in [1:48:09] the past and some of the things [1:48:13] we've heard are just truly [1:48:14] horrific And when left [1:48:15] unchecked, I'm afraid that can [1:48:15] lead to events like what [1:48:20] occurred yesterday. [1:48:21] Now it's gotten exponentially [1:48:22] worse since OCTOBER 7th And [1:48:22] the cause war MAY be a conflict [1:48:25] that's occurring halfway across [1:48:26] the world but we're feeling [1:48:26] the repercussions of it here at [1:48:27] home. [1:48:27] I genuinely believe that each [1:48:31] additional dollar that we add [1:48:32] of American taxpayer money to [1:48:32] this conflict makes things [1:48:36] worse and not better. [1:48:37] And in that respect I do want [1:48:38] to express my disappointment [1:48:38] although I don't think she's [1:48:44] here with the council member [1:48:44] from District five for [1:48:45] accepting an endorsement from [1:48:45] the mfi. [1:48:49] This is of course an [1:48:50] organization that is calling [1:48:50] for yet another multi year [1:48:55] multibillion dollar mou of [1:48:56] the us sending military [1:48:56] assistance to the state of [1:48:56] Israel. [1:49:01] And again I really think this [1:49:01] is going to make things worse [1:49:02] and not better. [1:49:03] I would encourage her to [1:49:03] reconsider her position on that [1:49:07] issue To the Council more [1:49:07] broadly I would encourage [1:49:08] members to consider what they [1:49:09] can personally do to help fix [1:49:13] the broken poisonous political [1:49:14] culture of this country to help [1:49:18] lower the temperature and to [1:49:19] allow us to have robust, [1:49:20] meaningful, productive debates [1:49:20] on issues that are really [1:49:24] important and that need to be [1:49:25] discussed without it careening [1:49:30] off into hatred, invective and [1:49:31] in potentially up to the loss [1:49:32] of life like we saw. [1:49:32] We can't afford to continue [1:49:33] with the status quo. [1:49:36] We can't afford to have more [1:49:37] people more innocent people die [1:49:38] overseas and in our own [1:49:43] community here at home And I [1:49:44] would encourage council members [1:49:44] to consider what they could do [1:49:45] to help curb some of that. [1:49:45] Thank you. [1:49:50] Thank you. [1:49:50] Next is Katherine Rhodes and [1:49:51] after that is Becky Rep [1:49:51] Katherine Rhodes. [1:49:54] Please email. [1:49:55] >> Hello, this is Katherine [1:49:56] Rhodes, our council PRESIDENT [1:49:56] Joe LaCava. [1:50:01] Mary Todd Gloria the city [1:50:01] attorney and the rb working [1:50:02] with expedia.Com and or other [1:50:06] online travel companies to [1:50:07] undermine the City Council and [1:50:08] the Rules Committee by not [1:50:12] allowing the public hearing to [1:50:13] repatriate the 20% to 34% [1:50:18] amounting to 77 244 million [1:50:23] existing transit occupancy tax [1:50:23] revenue from national and [1:50:24] international online travel [1:50:29] companies to the city's general [1:50:34] fund City Council District two [1:50:35] candidate Mandy Havlik The My [1:50:36] Transit I can see tax reform [1:50:37] ballot measures that were to be [1:50:40] heard at the upcoming [1:50:41] Wednesday, MAY 20th, 2026 Rules [1:50:45] Committee hearing at 9 A.M. [1:50:49] They also included four other [1:50:50] ballot measures from city [1:50:50] council members. [1:50:56] Now none of us are having a [1:50:56] hearing on Wednesday because [1:50:57] they want to sabotage or [1:51:01] hearings and I think it's just [1:51:01] terrible. [1:51:02] So anyway, on MAY 11th we [1:51:03] received an email from city [1:51:08] Council PRESIDENT Joe [1:51:08] McCarthy's office stating that [1:51:09] we are kicked off the Rules [1:51:10] Committee's agenda and no [1:51:13] longer involved in presenting [1:51:14] our tort reform ballot measures [1:51:14] to the Rules Committee or [1:51:15] the City Council. [1:51:19] Then Joe LaCava by myself [1:51:20] without the rest of the Rules [1:51:20] Committee or the full city [1:51:21] council will be deciding [1:51:22] the fate of our tort reform [1:51:26] ballot measures that can delete [1:51:27] the city's structural budget [1:51:27] deficit by spreading [1:51:28] the wealth. [1:51:31] So what I'm asking for now is [1:51:32] one of you other city council [1:51:33] members here to send this to [1:51:37] the city attorney You can [1:51:38] during on agenda public comment [1:51:39] you can still refer things to [1:51:39] the city attorney or to [1:51:43] the mayor to the idea. [1:51:44] So I'm asking you to send it to [1:51:45] the city attorney Any idea this [1:51:49] is a question of leadership. [1:51:50] So anyway, is it possible that [1:51:50] Joe LaCava is being influenced [1:51:56] by online travel companies, [1:51:56] Expedia.Com or others to [1:51:57] sabotage Trump has concluded [1:52:03] Becky Rob if can please a new [1:52:03] after that is Tony and then [1:52:04] 8700 like you wrote. [1:52:08] >> Good afternoon My name is [1:52:09] Becky and I'm here today to ask [1:52:09] the city to prioritize [1:52:10] enforcement against illegal [1:52:14] trade on flavored tobacco sales [1:52:14] and intoxicating hemp products [1:52:15] happening and selling openly [1:52:19] across our neighborhoods. [1:52:20] One neighboring city Oceanside [1:52:26] is actively enforcing law. [1:52:26] According to recent reports, [1:52:27] the police and code enforcement [1:52:30] sees one 6300 prohibited [1:52:30] products during one operation [1:52:31] alone under their municipal [1:52:36] code Every violation can be [1:52:37] treated as a separate offense [1:52:37] and each day the violation [1:52:38] continues can create additional [1:52:42] penalties. [1:52:43] Businesses are reportedly [1:52:44] facing hundreds of thousands of [1:52:44] dollars in fines. [1:52:48] Meanwhile, San Diego we have [1:52:49] smoke shops selling flavored [1:52:49] vapes illegal nicotine [1:52:54] products, creative extracts and [1:52:55] high potency substances with [1:52:56] little to no oversight. [1:53:00] Our penalties are minimal and [1:53:00] many businesses simply treat [1:53:01] them as a cost of doing [1:53:01] business. [1:53:05] It's San Diego has roughly 200 [1:53:06] smoke shops and enforcement [1:53:09] officers seized just 100 [1:53:10] illegal products from each [1:53:11] location at a penalty of 500 [1:53:11] per illegal item. [1:53:15] The city could potentially [1:53:16] collect $10 million in fines. [1:53:17] That estimate does not even [1:53:21] account for repeat violations, [1:53:22] daily penalties or the sheer [1:53:23] volume of products Many of [1:53:23] these stores appear to be [1:53:28] selling at a time when the city [1:53:29] is constantly discussing budget [1:53:29] shortfalls, cuts to services [1:53:34] and limited resources. [1:53:34] Why are we ignoring laws [1:53:35] already in place that could [1:53:39] both protect public health and [1:53:40] generate substantial revenue [1:53:41] for enforcement and prevention [1:53:41] efforts? [1:53:45] I urge this Council to direct [1:53:46] Code Enforcement and San Diego [1:53:47] Police Department to prioritize [1:53:51] inspections of smoke shops, [1:53:52] strengthen penalties for repeat [1:53:52] offenders and begin treating [1:53:57] these violations seriously. [1:53:58] Thank you. [1:54:03] Tell me if we complete a new [1:54:04] then 8700 and the Madison. [1:54:05] The five minute timer also did [1:54:09] conclude there were nine [1:54:10] speakers of the queue at that [1:54:11] point eight speakers in [1:54:11] the queue. [1:54:12] Now no additional speakers will [1:54:12] be taken. [1:54:15] Tony, please proceed. [1:54:15] Yes? [1:54:16] Can you hear me? [1:54:16] Yes. [1:54:17] Hey, good morning. [1:54:20] City Council. [1:54:21] What I have to say is going to [1:54:22] sound really harsh but it needs [1:54:26] to be said. [1:54:27] Some of you have blood on your [1:54:28] hands as a result of [1:54:28] yesterday's incident. [1:54:32] You were warned several months [1:54:33] ago that the hra definition of [1:54:33] anti-Semitism was woefully [1:54:39] inadequate, that it did not [1:54:40] protect our brothers and [1:54:40] sisters in the Muslim community [1:54:44] in the Islamic community. [1:54:45] You were warned and you were [1:54:46] told that the hrc definition of [1:54:51] anti-Semitism needed to include [1:54:51] those members of the community. [1:54:52] Stephen Whitburn You had ample [1:54:56] opportunity to take that [1:54:56] definition back to your office [1:54:57] and work on it as was asked you [1:55:02] by Sean Eli Rivera. [1:55:03] You chose not to and the rest [1:55:04] of you chose to be cowards and [1:55:08] vote for something [1:55:08] The ultimately does not protect [1:55:09] all of the people of San Diego [1:55:10] in giving preference to [1:55:14] the Jewish community over our [1:55:14] Muslim and Islamic community. [1:55:20] You have shown that you that [1:55:21] you are biased in favor of [1:55:21] Zionists and favor of Israel [1:55:25] which is currently dragging us [1:55:26] into war with Iran which is [1:55:27] currently bombing Lebanon which [1:55:28] is currently putting us in such [1:55:32] a precarious position all over [1:55:33] the world with this draconian [1:55:38] disastrous foreign policy that [1:55:39] for you all to accept it, that [1:55:40] for you all to protect [1:55:43] the Jewish people and not [1:55:44] protect any other people of [1:55:45] Semitic background is shameful [1:55:49] and it's contributing to what [1:55:50] happened yesterday. [1:55:50] And guess what? [1:55:51] The fact that Chief of Police [1:55:55] Scott Wall is claiming to Alper [1:55:56] could have been utilized or was [1:55:57] utilized yesterday to prevent [1:56:01] this from happening is a [1:56:02] shameful blatant lie. [1:56:03] These kids were out for two [1:56:03] hours. [1:56:07] The police knew that they were [1:56:08] out and that they had weapons, [1:56:09] that they had stolen a vehicle [1:56:09] and they weren't stopped. [1:56:14] How's that for a response time [1:56:14] ? [1:56:15] >> How is that serving and [1:56:15] protecting our community? [1:56:16] Shame on all of you. [1:56:20] Do better. [1:56:21] >> Next is 8700 If you can [1:56:24] please unmute 8700 and then [1:56:24] I'll be Madison. [1:56:31] >> Thank you, Joy. [1:56:31] Senator. [1:56:32] Before I start I just want to [1:56:32] say this. [1:56:39] Council Member Foster Third [1:56:39] thank you for these three words [1:56:44] and I like the order of them. [1:56:44] i don't know if you meant that. [1:56:49] Loving learning and accepting. [1:56:50] That's what I had to do just [1:56:50] then. [1:56:55] Okay. [1:56:56] So I'm going to talk about [1:56:57] the structural budget deficit. [1:57:01] The speed. [1:57:02] So I'm going to say words that [1:57:07] were spoken by people. [1:57:08] I'll start with the idea. [1:57:13] They said critical to align [1:57:13] ongoing expenses with ongoing [1:57:19] revenue to provide stability [1:57:19] and restore public trust. [1:57:20] Given. [1:57:26] It's so vital that quote from [1:57:27] the Department of Finance these [1:57:31] are those very recent staff [1:57:32] report. [1:57:32] As the city continues to [1:57:37] address the structural budget [1:57:37] deficit, the importance of [1:57:43] maintaining cash reserves to [1:57:44] strengthen the city's fiscal [1:57:48] position and effectively manage [1:57:49] potential future economic [1:57:49] downturns. [1:57:55] As you never repeat that has [1:57:56] never been more critical to end [1:57:57] of quote. [1:58:01] Now this This is for me so I [1:58:07] can't get why we can't get a [1:58:08] handle on this core issue of [1:58:13] the structural budget deficit. [1:58:14] I think it's 20 to 30 years old [1:58:18] now and I just don't get it. [1:58:19] All of you are extremely [1:58:20] intelligent. [1:58:20] You love your constituents. [1:58:25] I'm sure. [1:58:26] And you get it. [1:58:26] You get the structural budget [1:58:27] deficit and you bring it all [1:58:31] here in there. [1:58:32] >> You put it all the time [1:58:37] because my apologies metaphors [1:58:38] . [1:58:38] >> Our next speaker after that [1:58:39] is Hector. [1:58:39] i thank you. [1:58:40] Today I want to address [1:58:43] the growing public safety [1:58:44] impact of marijuana [1:58:44] commercialization, especially [1:58:45] on impaired driving. [1:58:49] A new bipartisan transportation [1:58:50] bill in Congress would require [1:58:50] federal agencies to develop [1:58:56] evidence based impairment [1:58:56] standards for marijuana and [1:58:57] other drugs while also [1:59:00] investing more than $100 [1:59:01] million into better crash data [1:59:01] collection, toxicology testing [1:59:07] and impaired driving prevention [1:59:07] research. [1:59:08] That should tell us something [1:59:09] important at the federal level. [1:59:12] Leaders from both parties [1:59:13] recognize that marijuana [1:59:14] impairment on our roads is a [1:59:18] serious and unresolved issue. [1:59:19] Unlike alcohol, there is still [1:59:20] no universally accepted [1:59:20] standard for marijuana [1:59:21] impairment. [1:59:25] Yet communities like San Diego [1:59:26] continue expanding access, [1:59:31] normalization and visibility of [1:59:31] high potency marijuana [1:59:32] products. [1:59:32] Meanwhile, families share [1:59:33] the roads every day with [1:59:37] drivers who MAY be impaired by [1:59:38] marijuana or multiple [1:59:38] substances combined. [1:59:39] Federal transportation [1:59:39] officials themselves recently [1:59:44] stated that marijuana use is [1:59:44] not compatible with safety [1:59:45] sensitive functions. [1:59:50] Airline pilots, truck drivers [1:59:50] and other transportation [1:59:51] workers are still prohibited [1:59:52] from using it because the risks [1:59:56] are real. [1:59:56] As our city discusses public [1:59:57] health, transportation safety [2:00:02] and well-being, I urge you to [2:00:03] take these warnings seriously. [2:00:03] We should not move faster on [2:00:08] marijuana normalization than [2:00:09] the science and safety [2:00:09] standards can keep up with. [2:00:10] Parents should not have to [2:00:14] wonder whether the driver next [2:00:14] to their child's school bus or [2:00:15] crosswalk is impaired. [2:00:16] Please prioritize policies that [2:00:20] protect public safety. [2:00:21] Support prevention, education [2:00:22] and recognize the very real [2:00:26] consequences of impaired [2:00:27] driving on San Diego families. [2:00:27] Thank you. [2:00:28] Thank you. [2:00:28] Thank you. [2:00:31] If you can please unmute after [2:00:38] that will be 7499. [2:00:38] Can you hear me? [2:00:38] Yes. [2:00:39] Please proceed. [2:00:39] Oh yeah. [2:00:40] Thanks for taking my call. [2:00:43] Yeah I was thinking about those [2:00:44] license plates readers and I [2:00:49] live up on top of Mission [2:00:50] Valley where those fires were. [2:00:51] And if I go to Ralphs down [2:00:51] the hill about a mile and a [2:00:55] half away, I passed through [2:00:56] like five cameras for license [2:00:57] plate readers and it's no [2:01:01] problem with me. [2:01:02] And I'd say maybe the mass of [2:01:02] the churches have got to get [2:01:07] some license plate readers of [2:01:08] their own arts or eat up to [2:01:08] the system. [2:01:09] I wouldn't be against it. [2:01:13] I know everyone's worried about [2:01:13] with the immigration thing [2:01:14] going on with that but it looks [2:01:18] like we passed the mark and [2:01:18] then I don't know how anyone [2:01:19] could beef up their place [2:01:25] better than those guys did [2:01:25] already The Muslim guys You [2:01:26] know I had our guard right [2:01:30] there as a big dude You just [2:01:35] can't dispense everything but [2:01:36] one thing in the neighborhood. [2:01:37] I talked to a guy who used to [2:01:37] house up there. [2:01:38] There is a beef in [2:01:41] the neighborhood about [2:01:42] the parking like all the Muslim [2:01:43] guys parked there on Friday and [2:01:47] they take up all the parking [2:01:48] spaces and all [2:01:48] the neighborhood's kind of in a [2:01:53] bad way And he didn't like it [2:01:53] and he was worried about [2:01:54] they're going to put the call a [2:01:59] prayer out and he was like [2:02:00] really incensed about that. [2:02:01] He did what the Muslim guys [2:02:01] have in the court prayer but [2:02:05] there could be a beef in [2:02:06] the neighborhood. [2:02:07] I think there is a beef that [2:02:12] they take up the parking they [2:02:12] might need to build a parking [2:02:13] lot. [2:02:13] There's a parking lot right in [2:02:14] front of them by the freeway [2:02:17] that could build like a five [2:02:18] story parking garage right [2:02:18] there and have a walkway over [2:02:23] to their mosque that would kind [2:02:24] of alleviate that or the city [2:02:25] can work with them And but you [2:02:30] know, that's no reason to do [2:02:30] what they did. [2:02:31] But we have to get all [2:02:34] the facts, get the guns, get [2:02:35] the letters before we give our [2:02:36] opinion about why it happened. [2:02:42] But good luck by next 27499 if [2:02:43] you can please on mute And then [2:02:50] after that Jerry and Kelly Bob [2:02:51] because this guy here I'd like [2:02:51] to start off by thanking City [2:02:52] Clerk Fuentes for a truly [2:02:56] remarkable citizen support over [2:02:57] the last few days and weeks. [2:02:57] I had originally complained [2:02:58] about not being able to bring [2:03:02] media to council on thumb drive [2:03:03] and it appears that City Clerk [2:03:04] Fuentes has resolve that issue. [2:03:08] Thanks and good job. [2:03:09] City Clerk Fuentes and Matthew [2:03:09] Hilario have also been [2:03:10] extremely responsive to email [2:03:14] requests, even responding late [2:03:15] in the evening and on weekends [2:03:16] to help me track down a few [2:03:20] city documents. [2:03:20] Good job again. [2:03:21] Having said that, however, I'm [2:03:22] increasingly concerned about [2:03:26] the outsourcing of the city's [2:03:27] public services to private [2:03:27] businesses. [2:03:28] I don't think citizens should [2:03:32] be forced to interact with [2:03:33] private businesses such as [2:03:33] Highland Cloud or next request [2:03:38] or constant contact in order to [2:03:39] obtain basic information and [2:03:39] services from the city. [2:03:40] I am particularly disturbed to [2:03:44] hear that the city's entire [2:03:44] municipal code and council [2:03:45] resolution systems and possibly [2:03:49] others MAY be contracted out to [2:03:50] private businesses later this [2:03:50] summer. [2:03:51] I believe that all of the city [2:03:55] support for citizens should be [2:03:56] direct without any third party [2:03:56] gatekeepers involved. [2:04:01] The city is certainly welcome [2:04:02] to hire contractors who provide [2:04:03] services within the city's [2:04:03] infrastructure but it is [2:04:08] disturbing to see cities and [2:04:09] have to go to third party [2:04:09] vendors and third party [2:04:10] websites to get basic city [2:04:14] services and resources. [2:04:15] I ask the mayor, city clerk and [2:04:16] this council to please [2:04:20] reconsider and reverse this [2:04:21] disturbing trend. [2:04:21] And as always I am again asking [2:04:26] the city and this means you Joe [2:04:27] LaCava to reactivate the Torrey [2:04:28] Pines City Park Advisory Board [2:04:31] and implement a flight waiver [2:04:32] system similar to the one [2:04:32] that's been in use in Los [2:04:33] Angeles since 2017. [2:04:38] That's another example where [2:04:39] city resources have been turned [2:04:39] over to a private commercial [2:04:40] business at the public's [2:04:40] expense. [2:04:44] Shame on you Joe Lacob and [2:04:45] shame on every member of this [2:04:46] council for ignoring this [2:04:46] problem for decades. [2:04:50] Thank you. [2:04:51] >> Thank you. [2:04:51] Next is Gerry and Scully. [2:04:56] If you can please unmute. [2:04:56] >> Good afternoon City and City [2:05:01] City Council Chair LaCava. [2:05:02] As a community volunteer with [2:05:02] our youth afterschool programs [2:05:03] I feel like my observations [2:05:07] regarding city decisions that [2:05:08] support them are important. [2:05:09] How a city treats its most [2:05:14] vulnerable members reveals its [2:05:15] true nature Or as it can be [2:05:15] stated the way a society cares [2:05:19] for and protects its total is a [2:05:20] strong indicator of its overall [2:05:25] morality, values and level of [2:05:25] civilization. [2:05:26] So thank you for making it [2:05:26] possible for a parent and [2:05:31] community volunteer like me to [2:05:32] speak virtually what we work in [2:05:32] youth programs. [2:05:33] Recently the California [2:05:37] Department of Public Health [2:05:38] wrote that suicide is [2:05:38] the second leading cause of [2:05:39] death among adolescents and [2:05:44] young adults aged 15 to 24. [2:05:45] Teen and young adult mental [2:05:50] health is a complex situation. [2:05:51] However, the risks of today's [2:05:51] high potency thc marijuana [2:05:56] products must never be [2:05:56] overlooked for its role in [2:06:02] generating suicide ideation. [2:06:02] Hopefully our city council can [2:06:03] be counted among those trusted [2:06:08] adults who are concerned about [2:06:08] the harmful effects of its [2:06:09] sales and consumption and not [2:06:14] enlarge the footprint of [2:06:14] marijuana storefronts in our [2:06:15] city. [2:06:15] Now will be a great time to [2:06:20] reduce the pot businesses [2:06:20] impact on our youth with its [2:06:21] predatory advertising and [2:06:25] billboards and remove them. [2:06:26] Thank you for hearing my [2:06:27] concerns this afternoon. [2:06:30] Thank you. [2:06:31] >> Judy Strang If you can [2:06:36] please unmute. [2:06:36] >> Judy Strang again for you. [2:06:37] There you go. [2:06:43] Hi, Good afternoon. [2:06:43] How is difficult to call in [2:06:44] from my work site? [2:06:49] I wanted to share a stream of [2:06:50] thought that I had when I read [2:06:50] the Wall Street Journal article [2:06:54] this morning that talked about [2:06:55] the role of allergies in health [2:06:55] care and employment and health [2:07:00] costs and pointed out that for [2:07:01] allergies related to food that [2:07:02] there's an admittance into our [2:07:06] health care our hospitals once [2:07:06] every three minutes. [2:07:12] I did a little research more on [2:07:13] allergies and I'm well [2:07:14] acquainted I think as many of [2:07:14] you are with the role that [2:07:18] allergies plays and health care [2:07:19] costs and miserable living [2:07:19] experiences. [2:07:25] I might also add. [2:07:25] And I pointed out that [2:07:26] secondhand smoke and vape is a [2:07:30] serious trigger for allergies. [2:07:31] And it goes on to point out [2:07:32] that what happens is it [2:07:37] triggers the immune system, our [2:07:37] individual immune systems to [2:07:38] react and in doing so it can [2:07:43] inflame our nasal passages and [2:07:43] airways. [2:07:44] It can lower the threshold for [2:07:44] other allergens to bother us [2:07:49] even more And it causes a sort [2:07:50] of sensitization that in [2:07:55] childhood can lead to asthma. [2:07:56] I got to looking at our [2:07:57] policies here at the city and [2:08:01] many of us have asked you about [2:08:02] smoke free public places and [2:08:02] smoke free. [2:08:07] And I thought Chromecast [2:08:07] perspective this has got to be [2:08:08] anything that would lower our [2:08:13] city's citizens allergic [2:08:14] reaction that they can have a [2:08:14] second hand smoke and they [2:08:19] would deeply decrease the cost [2:08:19] of our health services, our [2:08:20] hospital cost and improve [2:08:21] the quality of life for [2:08:26] everyone around us. [2:08:27] So perhaps this is a way to [2:08:27] save ourselves some money. [2:08:28] It's not one you'll see [2:08:33] automatically but it's [2:08:33] certainly one that will happen. [2:08:34] >> Thank you. [2:08:34] Thank you. [2:08:35] And our final speaker is Peggy [2:08:35] Walker. [2:08:38] If you can please unmute. [2:08:38] >> Thank you. [2:08:39] Good afternoon and thank you [2:08:44] for your compassionate remarks [2:08:45] this morning. [2:08:45] I came today to acknowledge [2:08:50] that Sun is not its world No [2:08:50] Tobacco Day. [2:08:51] In light of that observation [2:08:52] which calls attention to [2:08:56] Smokey's smoking devastating [2:08:57] health and environmental [2:08:57] impacts. [2:09:01] I want to congratulate the city [2:09:02] attorney's office and law [2:09:03] enforcement for recent actions [2:09:07] against smoke shops selling [2:09:08] hemp and marijuana products [2:09:09] without a license. [2:09:09] Snapshots, gas stations and [2:09:14] other small convenience stores [2:09:15] have become exceptionally bold [2:09:15] in selling what's called gas [2:09:16] station. [2:09:20] We products like Delta eight [2:09:21] Vapes and thc infused beverages [2:09:26] without a license. [2:09:26] As noted earlier, some also [2:09:31] sell prohibited flavored vapes [2:09:32] and unregulated mushroom kratom [2:09:37] and nitrous oxide products that [2:09:38] can be highly addictive. [2:09:39] These are often hidden in [2:09:44] backrooms which makes ongoing [2:09:44] undercover compliance checks [2:09:45] especially critical. [2:09:50] Prohibited flavored tobacco is [2:09:50] timely and the fda in a [2:09:55] controversial move just [2:09:56] approved two fruit flavored [2:09:57] nicotine vapes for adult users. [2:10:01] The fda called this neither [2:10:02] quote approval nor endorsement. [2:10:02] I bring it to your attention [2:10:08] because the fda's action does [2:10:08] not mean flavored tobacco [2:10:13] products can be sold locally [2:10:14] flavored tobacco remains banned [2:10:14] in California and we're assured [2:10:20] fda authorized action does not [2:10:20] override state or local [2:10:21] prohibitions. [2:10:25] Please remain vigilant in [2:10:26] helping kids keep tobacco free [2:10:32] and keeping unauthorized and [2:10:32] intoxicating tobacco products [2:10:33] off store shelves. [2:10:39] Thank you for your attention. [2:10:39] Thank you. [2:10:40] That does include knowledge on [2:10:41] the public comment for today's [2:10:41] meeting. [2:10:41] All right. [2:10:42] Thank you. [2:10:44] City clerk. [2:10:44] We will now adjourned for [2:10:45] the noon recess and reconvene [2:10:46] in open session at 2 P.M. Or [2:10:46] shortly thereafter. [2:19:26] And [2:21:06] if you [2:23:05] don't [2:27:31] already [2:27:31] . [2:27:36] >> Good afternoon. [2:27:37] >> I will now reconvene [2:27:38] the city council meeting of [2:27:39] Tuesday, MAY 19th, 2026. [2:27:43] Clerk Please call the roll. [2:27:43] Thank you. [2:27:44] Council PRESIDENT Council [2:27:44] Member Campbell. [2:27:45] Councilmember Whitburn [2:27:50] Councilmember Foster Councilor [2:27:51] Von Weber Council PRESIDENT Pro [2:27:56] Tem Lee here Councilmember [2:27:56] Campos here. [2:27:57] Councilmember Moreno present [2:27:57] Councilmember Isla Rivera and [2:28:01] Council PRESIDENT Other [2:28:02] present. [2:28:02] Also attending the meeting are [2:28:03] City Attorney Leslie [2:28:03] Fitzgerald, independent budget [2:28:07] analyst Charles Moraga, Council [2:28:07] Affairs Advisor in the Mayor's [2:28:08] office, code advisor and myself [2:28:09] your City Clerk Thank you [2:28:09] Council PRESIDENT. [2:28:12] >> All right. [2:28:13] Thank you, City Clerk. [2:28:14] Quorum is now present. [2:28:18] As a reminder from announcement [2:28:19] made this morning items 330 and [2:28:23] item f503 have been returned to [2:28:24] staff and will not be heard [2:28:30] this afternoon again that's [2:28:31] items 330 and item f five all [2:28:31] three return to staff will not [2:28:35] be heard today before we get on [2:28:40] with item 331 we have a little [2:28:40] bit of unfinished business from [2:28:41] this morning. [2:28:47] Clerk please introduce item 504 [2:28:47] which was trailed from this [2:28:48] morning's consent agenda. [2:28:52] Thank you. [2:28:53] Item s5o4 is the salary [2:28:53] ordinance for fiscal year 2027. [2:28:58] Public comment was taken on [2:28:59] this during the morning [2:28:59] session. [2:29:00] >> Thank you. [2:29:00] Council PRESIDENT. [2:29:01] All right. [2:29:01] Thank you. [2:29:05] So item five four of the clerk [2:29:08] indicated is the second reading [2:29:09] for the salary ordinance. [2:29:10] We did take public comment on [2:29:15] this this morning. [2:29:16] There is no need for a [2:29:16] presentation. [2:29:17] I think the council all [2:29:20] understands and recalls this [2:29:21] item. [2:29:22] So I'm going to move item as [2:29:25] five of four to kick things off [2:29:26] as a purely procedural item [2:29:27] which doesn't actually fund [2:29:32] anything or allocate [2:29:33] appropriate any dollars or set [2:29:34] a budget but as a procedural [2:29:38] thing mandated by the charter. [2:29:39] So I will put a motion on [2:29:43] the floor to approve item 5 or [2:29:44] 4 and turn over to my [2:29:47] colleagues questions Comments [2:29:48] Looking for a second [2:29:48] Councilmember Campbell. [2:29:49] >> I will be all right. [2:30:03] I'd like to just say that okay [2:30:03] . [2:30:10] >> This is who was it who set [2:30:11] the laws and as I think was it [2:30:11] Shakespeare? [2:30:14] This is this is one of those [2:30:15] deals where because of dates in [2:30:20] the charter we have to do [2:30:21] certain procedures by a certain [2:30:21] time. [2:30:26] However, it is my understanding [2:30:32] that in the further revisions [2:30:32] of the budget to come there [2:30:37] will be amendments to this such [2:30:38] that the Council last week had [2:30:44] had given its information as to [2:30:44] how we felt about a certain [2:30:50] part of this and my [2:30:50] understanding was that we had [2:30:56] been promised promised. [2:30:57] We have been assured by [2:30:57] the administration that that [2:31:02] particular item would be [2:31:03] considered and put in there to [2:31:08] meet what we expected in [2:31:09] the final version And so [2:31:09] therefore I'm happy to second [2:31:10] it. [2:31:15] I'm happy to meet the legally [2:31:16] required dates and I will be in [2:31:20] favor of it today. [2:31:21] >> Thank you. [2:31:21] All right. [2:31:22] Thank you. [2:31:22] Councilmember Campbell Good. [2:31:27] I got a little ahead of myself. [2:31:28] Did you want to speak to what [2:31:29] I'm referring to? [2:31:29] Yeah. [2:31:30] Thank you, Counsel Present And [2:31:32] to follow up on Councilmember [2:31:33] Campbell's comments. [2:31:33] Yes. [2:31:34] You have the commitment of this [2:31:34] administration to modify and [2:31:38] reduce the car allowances. [2:31:39] I realize this has been a [2:31:42] frustrating process over [2:31:43] the last two weeks. [2:31:44] I realize there are pieces in [2:31:44] here that do not have [2:31:45] the support of this council. [2:31:49] I am limited in what I can [2:31:49] change in a second reading. [2:31:50] The other commitment of this [2:31:51] administration to work with [2:31:55] this Council before the JUNE [2:31:55] 16th Amendment to make those [2:31:56] modifications and bring this [2:31:56] back for Council's [2:32:00] consideration. [2:32:01] >> MAY I just add I believe [2:32:07] Councilmember Campo had educate [2:32:08] me a little bit on that [2:32:09] statement about the lobbying [2:32:13] and I have something that it [2:32:14] said that wasn't as an English [2:32:19] writer right? [2:32:19] >> An English writer? [2:32:20] Yes. [2:32:20] That's first beside Shakespeare [2:32:25] Another. [2:32:25] >> Okay. [2:32:26] Thank you. [2:32:26] All right. [2:32:27] Health Council PRESIDENT Pro [2:32:32] Tem Lee thinking as PRESIDENT [2:32:33] And co to thank you for thank [2:32:37] you for talking to the back and [2:32:37] forth about this. [2:32:38] I think certainly we're all [2:32:38] dealing with the same [2:32:39] frustrations trying to get [2:32:42] something across the board And [2:32:43] so that acknowledgment does [2:32:43] mean a lot and I'm not sure I [2:32:49] fully grasp exactly the changes [2:32:50] that DR. Jane because we're [2:32:51] Campbell is alluded to and [2:32:54] the degree to which this [2:32:55] changes are being made. [2:32:56] But I think knowing that we're [2:32:56] going to get something [2:32:57] delivered that that matches [2:32:58] the intent is helpful. [2:33:01] Thank. [2:33:01] All right. [2:33:01] Thank you, sir. [2:33:06] And Councilmember Foster. [2:33:06] Oh, yes. [2:33:07] As I stated earlier, I'm still [2:33:13] going to be voting no. [2:33:15] I think we set a bad precedent [2:33:20] as we you know, I think we kind [2:33:21] of pick and choose what we [2:33:22] consider the law at certain [2:33:26] times and how we do certain [2:33:26] things. [2:33:32] But I do think as we continue [2:33:32] to move forward that as we [2:33:33] found ourselves in a situation [2:33:38] that hopefully we can plan [2:33:39] better as we continue to move [2:33:39] forward. [2:33:43] What I would like to request as [2:33:44] I am unclear as to what's in [2:33:45] here, what the discussion was [2:33:50] on what's in, what's out, what [2:33:51] that looks like If when we [2:33:56] finish our negotiations or [2:33:56] whatever we where we land as we [2:33:57] continue to move forward I'd [2:33:58] like to formally requested [2:34:01] briefing to where I can be [2:34:02] fully well versed to understand [2:34:03] where we land and all [2:34:07] the changes that are being made [2:34:08] to the salary ordinance as we [2:34:08] move forward. [2:34:09] Yeah Councilmember I think [2:34:15] the initial introduction of [2:34:15] this ordinance had challenges [2:34:16] and so yes you have [2:34:17] the commitment to brief your [2:34:17] offices in advance. [2:34:19] Thank you for that. [2:34:20] >> Right And Councilmember [2:34:25] Moreno thank you And I want to [2:34:26] put this on the record. [2:34:27] As I stated earlier, I [2:34:32] understand an amendment will be [2:34:32] brought forward but my concern [2:34:33] with this item stems from [2:34:34] the city's failure to fully [2:34:38] address the fiscal challenges [2:34:39] we're currently facing I think [2:34:39] Councilmember Campbell for [2:34:44] bringing updates and I want to [2:34:45] put on the record when did [2:34:46] staff work on this ordinance? [2:34:50] >> I get a call from H.R. [2:34:55] On the timing. [2:35:02] Thank you, councilmember moreno [2:35:03] and this is an ongoing item [2:35:03] that's addressed each year in [2:35:07] preparation for the budget we [2:35:08] have to have a first reading by [2:35:09] APRIL 14th so we work with our [2:35:09] city's departments, [2:35:14] the personnel department, risk [2:35:15] management Department of I.T [2:35:15] and we get all that information [2:35:16] in preparation for the fiscal [2:35:19] year And so it's multifaceted [2:35:20] but we work from JANUARY [2:35:21] through APRIL and the changes [2:35:27] that happen as changes happen [2:35:27] daily depending on we're out [2:35:28] with negotiations in the like [2:35:29] two weeks leading up to [2:35:32] the beginning of the year is [2:35:32] when you guys started it was [2:35:33] this after the mayor's state of [2:35:38] the city or during around [2:35:38] the same time as the state of [2:35:43] the city Yet during. [2:35:44] Okay Thank you Thank you for [2:35:44] Councilmember Campbell for [2:35:50] bringing updates because this [2:35:50] action proposes a car allowance [2:35:51] for the mayor's dco and other [2:35:55] staff while at the same time [2:35:56] the city is cutting funding for [2:35:57] arts and culture. [2:36:01] Now I do understand that while [2:36:02] the savings from eliminating [2:36:02] these car allowances alone [2:36:03] would not fully restore arts [2:36:07] funding, the optics are deeply [2:36:08] concerning deeply concerning to [2:36:13] me it sends the wrong message [2:36:13] to provide perks for top [2:36:19] officials while residents in my [2:36:20] district will feel the impact [2:36:20] of reduced investment in their [2:36:24] community. [2:36:25] This was first heard in APRIL [2:36:31] and I think that gave plenty of [2:36:31] opportunity for this [2:36:36] administration to take out [2:36:42] the line item that states [2:36:42] adding that assistant of [2:36:43] the city manager, deputy chief [2:36:48] of staff and chief Financial [2:36:48] Officer for officer [2:36:52] classification Sorry I'm [2:36:53] reading the wrong one adding [2:36:53] the assistant dco and assistant [2:36:54] to the city Manager Deputy [2:36:58] Chief of Staff Classification [2:36:59] to exhibit f Auto Allowance I [2:37:05] just I can't believe you know [2:37:06] we're being told that we're at [2:37:11] the word we have to pass it. [2:37:11] This is we have to make this we [2:37:12] have to finish this. [2:37:16] We have to complete this year. [2:37:16] Procrastination is not my [2:37:17] emergency. [2:37:21] I want to state that very [2:37:22] clear. [2:37:22] We're talking serious talk [2:37:27] The mayor has proposed very [2:37:28] deep cuts in my district while [2:37:29] at the same time adding a car [2:37:33] allowance to one of his top [2:37:34] chiefs. [2:37:34] I'm not going to be supporting [2:37:39] this before us and I hope that [2:37:40] and this is not the first time [2:37:41] this administration doesn't [2:37:44] listen to what this council is [2:37:45] saying or the second or [2:37:45] the third. [2:37:45] And I want to make a [2:37:46] distinction. [2:37:47] I want to put a line in [2:37:50] the sand so that the residents [2:37:50] of the city of San Diego [2:37:51] understand very clearly what is [2:37:55] happening not only with this [2:37:56] budget but with a lot of things [2:37:57] happening here at City hall. [2:37:58] So I will be registering a no [2:38:02] vote. [2:38:03] All right. [2:38:03] Thank you, Council member Reno. [2:38:07] I don't see anyone else on [2:38:08] the lights I motion I made [2:38:09] the motion to move the staff [2:38:14] recommendation as 5 or 4. [2:38:15] We have a second by council [2:38:19] member Campbell and please call [2:38:19] the I sorry the voting system [2:38:24] Please cast your vote. [2:38:33] The that passes 5 to 2 with [2:38:34] Councilmember Moreno and [2:38:35] Councilmember Fuster voting no [2:38:35] and Council regular Rivera [2:38:38] Council member of until absent [2:38:39] Thank you Council PRESIDENT All [2:38:39] right thank you to the clerk So [2:38:43] that does pass with five yes [2:38:44] votes and I appreciate [2:38:48] everybody's candor in [2:38:49] communicating to the mayor's [2:38:50] office where their levels of [2:38:55] concern exist as we did last [2:38:55] week. [2:38:56] We'll look forward to this [2:39:00] coming back and also part of [2:39:01] the budget conversation as well [2:39:02] which is what we do before we [2:39:07] do the appropriations and [2:39:07] therefore what we do before [2:39:08] salaries. [2:39:08] So with that clerk please [2:39:12] introduce item 331. [2:39:13] >> Thank you Council PRESIDENT [2:39:13] Item 331 is the appeal of [2:39:14] development permit Coastal [2:39:17] development permit and [2:39:22] tentative map project number [2:39:23] 1085883 through regarding 8303 [2:39:23] La Hoya Shores Drive This item [2:39:29] is not subject to the mayor's [2:39:29] veto. [2:39:30] If you'd like to speak to this [2:39:31] item now's the time to raise [2:39:34] your hand or press star nine if [2:39:34] you are in the virtual queue [2:39:35] and if you were here in council [2:39:36] chambers please be sure to [2:39:39] submit a speaker slip to [2:39:40] the front of the room in [2:39:40] the clear box. [2:39:41] >> Thank you. [2:39:45] Council PRESIDENT All right. [2:39:46] >> Thank you. [2:39:47] So for those of you who have [2:39:51] not been at a quiet judicial [2:39:51] hearing especially in [2:39:52] particular in particular appeal [2:39:57] hearing the way to run a show [2:39:58] will go is that staff will make [2:39:58] their presentation. [2:40:02] We will then invite [2:40:03] the appellant to make their [2:40:04] presentation and then [2:40:09] the applicant will be invited [2:40:09] to make their presentation. [2:40:14] After that we will open it up [2:40:15] for any other public comment [2:40:16] that might be interested in [2:40:20] speaking and then from there we [2:40:21] will turn it over to council [2:40:25] members for questions comments [2:40:26] and to entertain a motion. [2:40:27] So with that staff please [2:40:27] introduce yourself for [2:40:33] the record and let us know how [2:40:33] much time you need for your [2:40:34] presentation. [2:40:34] >> Good afternoon. [2:40:39] I'm Veronica De Nissan, project [2:40:39] manager with the Development [2:40:40] Services Department And I [2:40:41] wanted 20 minutes please. [2:40:41] All right. [2:40:44] Begin when you're ready. [2:40:45] >> Good afternoon, Council [2:40:50] PRESIDENT Like other council [2:40:51] members and members of [2:40:51] the public. [2:40:52] The item before you is the 83 [2:40:57] or 3 Thrive project Appeal Page [2:41:02] 1085883. [2:41:03] >> The project site is 4.45 [2:41:03] acres and is located in [2:41:08] the larger resource plan [2:41:09] District Single Family zone [2:41:10] the coastal zone and [2:41:13] the quarter height limit [2:41:14] overlay zone within the La Hoya [2:41:15] Community Plan. [2:41:15] The site is previously [2:41:20] developed with an existing 5958 [2:41:21] square foot single dwelling [2:41:26] unit and an attached garage. [2:41:27] >> The project site is located [2:41:27] within an urbanized area [2:41:32] approximately half a mile [2:41:33] eastern Pacific Ocean and is [2:41:33] now between the first public [2:41:34] roadway and the ocean. [2:41:39] The site is currently [2:41:40] accessible via the private coda [2:41:41] connecting westward to [2:41:45] the shore drive. [2:41:45] The project site does not [2:41:46] contain any sensitive [2:41:47] biological resources or special [2:41:50] flood hazard areas. [2:41:55] The project includes [2:41:56] consolidating three parcels [2:41:57] into a single lot for its [2:42:00] subdivision into six [2:42:00] residential lots with common [2:42:01] access to the public right of [2:42:01] way. [2:42:07] Demolition of the existing [2:42:08] single dwelling unit and [2:42:08] garage. [2:42:09] Construction of a single [2:42:10] dwelling unit at each new lodge [2:42:13] plus an accessory dwelling unit [2:42:14] on not six only for a total of [2:42:14] seven dwelling units. [2:42:19] In addition, the project [2:42:20] includes underground drainage [2:42:21] and sewer improvements on first [2:42:25] quarter connecting to public [2:42:25] resistance along the La Hoya [2:42:31] short Drive at. [2:42:31] As previously noted, [2:42:32] the project site comprises [2:42:32] three parcels. [2:42:36] Parcel one is developed with a [2:42:37] single dwelling unit and an [2:42:37] attached garage proposed for [2:42:38] demolition. [2:42:42] The existing structure is older [2:42:43] than 45 years and supports [2:42:48] historic evaluation. [2:42:48] City staff determined that [2:42:49] the property does not meet [2:42:50] the local designation criteria [2:42:53] as an individually significant [2:42:54] historic resource. [2:42:57] However, Oscoda shown in yellow [2:42:58] is a 60 foot wide strip of land [2:42:59] identified as a shared easement [2:43:00] in the original deed recorded [2:43:07] in 1949. [2:43:08] >> The proposed subdivision [2:43:09] would result in six numbered [2:43:12] residential lots and one letter [2:43:13] not designated as a private [2:43:13] access road to the north. [2:43:18] The project involves [2:43:18] the construction of a single [2:43:22] dwelling unit at each new large [2:43:27] ranging from 11,739 to 6000 [2:43:28] 16,270ft with pool facilities [2:43:29] and landscape related [2:43:29] improvements. [2:43:34] Lot six would also include an [2:43:35] accessory dwelling unit and [2:43:38] have clear access to the first [2:43:38] quarter. [2:43:39] City staff reviewed and [2:43:43] accepted technical study for [2:43:44] the project which concluded [2:43:44] that the site is suitable for [2:43:45] the proposed development. [2:43:49] In addition, a preliminary [2:43:50] drainage study prepared for [2:43:51] the project complies with [2:43:55] current stormwater regulations [2:43:55] . [2:43:56] All improvements are subject to [2:43:56] the approval of the city [2:43:57] engineer at the time of [2:44:01] the construction permit. [2:44:06] >> The project is surrounded by [2:44:07] one and two stories single [2:44:08] units with site amenities [2:44:08] including tennis courts and [2:44:09] swimming pools. [2:44:13] The project aligns with [2:44:14] the community character of [2:44:14] the surrounding neighborhood [2:44:15] and is consistent with [2:44:18] the average development [2:44:19] patterns within a 300 foot [2:44:20] radius of the project site. [2:44:21] As required by the La Hoya [2:44:24] Schwartz Plan District [2:44:25] Ordinance, the project complies [2:44:25] with all the development [2:44:31] standards required by the b [2:44:32] zone including density building [2:44:33] setback floor area ratio not [2:44:37] coverage and the 30 foot [2:44:37] maximum structural height [2:44:38] allowed in the coastal [2:44:42] limitation overlay zone. [2:44:43] >> The required approval a [2:44:48] process for tentative map for a [2:44:49] land population creating five [2:44:50] or more parcels a process three [2:44:55] site apartment permit for [2:44:55] the development of a major [2:44:56] project in the La Hoya Resource [2:45:00] Plan District a process to [2:45:00] coastal development permit for [2:45:01] the increase in density and [2:45:02] demolition of an existing [2:45:05] single dwelling unit. [2:45:06] The project includes an [2:45:07] addendum to program [2:45:12] Environmental Impact Report pr [2:45:13] number 920199 for the La Hoya [2:45:14] and Pacific Beach Community [2:45:18] Plan and local Coastal Program [2:45:19] Land Use Plan updates prepared [2:45:20] in accordance with 30 islands. [2:45:24] These consolidated approvals [2:45:25] were presented to the Planning [2:45:26] Commission on DECEMBER 4th, [2:45:26] 2025. [2:45:31] The Planning Commission voted [2:45:31] five zero to to approve [2:45:32] the project and adopt addendum [2:45:36] to p r number 920199 on [2:45:42] DECEMBER 17th, 2025 an appeal [2:45:42] was filed by Kenneth Jones of [2:45:43] Fletcher Max llp. [2:45:49] Representing Arthur in [2:45:49] the Cabinet cite citing factual [2:45:50] error conflicts with other [2:45:53] matters and findings not [2:45:54] supported of grounds for [2:45:54] appeal. [2:45:59] Legal standard for appeal. [2:46:03] Pursuant to Civil Code Section [2:46:04] 1120508c An appeal of a process [2:46:05] for decision MAY be granted [2:46:10] with evidence supporting one of [2:46:10] the following grounds for [2:46:11] appeal factual error When [2:46:16] the statements or evidence [2:46:16] relied upon by the decision [2:46:17] maker when approving [2:46:17] conditionally approving or [2:46:22] denying a permit map or other [2:46:23] matter where inaccurate new [2:46:23] information when new [2:46:28] information is available to [2:46:29] the applicant or the interested [2:46:29] person that was not available [2:46:30] through that person's [2:46:34] reasonable efforts or due [2:46:35] diligence at the time of [2:46:35] the decision. [2:46:40] Findings that supported when [2:46:40] the decision maker stated [2:46:41] findings to approve [2:46:41] conditionally approve or deny [2:46:46] the permit map or other matter [2:46:47] are not supported by [2:46:48] the information provided to [2:46:52] the decision maker. [2:46:53] Conflicts when the decision to [2:46:53] approve or conditionally [2:46:54] approve or deny the permit map [2:46:58] or other matter is in conflict [2:46:59] with a land use plan issued [2:47:04] council policy or the municipal [2:47:04] code or city what significance [2:47:05] when the matter being appealed [2:47:10] is a citywide significance [2:47:15] appeal issue number one [2:47:15] unresolved easement in [2:47:16] the right of way consent is [2:47:21] required before utilities are [2:47:21] installed within this private [2:47:22] right of way and any reliance [2:47:23] on easement language concerning [2:47:27] public utilities does not [2:47:28] authorize private drainage and [2:47:29] sewer facilities serving a [2:47:33] single development without [2:47:33] owner approval. [2:47:34] The claimed easement its scope [2:47:35] and any required consents must [2:47:39] be completed in resolved prior [2:47:40] to city approval Staff response [2:47:46] to appeal Issue number one [2:47:46] The disposition is that [2:47:47] the applicant MAY construct [2:47:51] the proposed underground [2:47:51] drainage and sewer improvements [2:47:52] within the first quarter [2:47:53] because of the original grant [2:48:01] deed document number 43967 [2:48:02] recorded in MAY 18th 1949 [2:48:03] states that the 60 foot wide [2:48:08] strip of land or parcel is to [2:48:09] be used for road and street [2:48:09] purposes and for [2:48:10] the installation repair and [2:48:14] replacement of public [2:48:14] utilities. [2:48:15] The proposed improvements are [2:48:16] designed to connect the subject [2:48:20] property to an approved public [2:48:21] utility system and public [2:48:26] drainage system Installation of [2:48:26] private utility laterals within [2:48:27] private roadways and utility [2:48:32] easements is a customary and [2:48:32] accepted practice for [2:48:33] the improvements are [2:48:34] constructed in accordance with [2:48:38] city standards and did not [2:48:38] unreasonably interfere with [2:48:39] existing access or utility [2:48:44] rights. [2:48:45] The extent of the improvements [2:48:45] would not interfere with [2:48:46] existing access or utility [2:48:50] rights since it would not [2:48:51] encumber a significant portion [2:48:51] of the easement. [2:48:52] The city, in reviewing [2:48:55] the original granted and [2:48:56] the project determined that [2:48:57] the proposed improvements fall [2:48:57] within the scope of [2:49:02] the recorded easement and [2:49:02] comply with applicable [2:49:03] regulations. [2:49:04] The project permit includes [2:49:08] conditions of approval to [2:49:08] ensure conformance with [2:49:09] the current version of [2:49:10] the Stormwater Standards Manual [2:49:13] and drainage design Manual. [2:49:14] The city does not interfere [2:49:17] with third party disputes over [2:49:24] the use of private easements. [2:49:24] Population number two right of [2:49:25] way scope public utilities [2:49:30] versus private improvements. [2:49:30] The right of way as [2:49:31] characterized by the applicant [2:49:36] allows use for road and street [2:49:37] purposes and for [2:49:37] the installation repair and [2:49:38] replacement of public [2:49:38] utilities. [2:49:42] The projects drainage and sewer [2:49:42] improvements are private [2:49:43] serving the project rather than [2:49:47] constituting public utility [2:49:48] infrastructure and that exceeds [2:49:49] the scope of any easements [2:49:54] permitting public utilities. [2:49:55] City approval should not rely [2:49:55] on private works shoehorned [2:49:59] into public utility easement [2:50:00] language without a clear legal [2:50:01] basis and documented consent [2:50:06] from all necessary parties. [2:50:07] Staff response to Appeal Issue [2:50:11] number two As stated before [2:50:11] the will be determined [2:50:12] the construction of the storm [2:50:16] water and sewer improvements is [2:50:17] permitted based on the language [2:50:18] in the original granted for [2:50:22] the easement and what is [2:50:23] customary practice for private [2:50:24] Internet infrastructure being [2:50:24] tied into public systems. [2:50:28] The appellant interprets [2:50:29] the term public utility as [2:50:34] requiring that all facilities [2:50:34] within the easement be publicly [2:50:35] owned or operated Private sewer [2:50:40] laterals, drainage conditions [2:50:40] and similar facilities that [2:50:41] serve individual properties by [2:50:46] connecting to a public utility [2:50:46] system are allowed within [2:50:47] utility easements. [2:50:47] The proposed stormwater [2:50:52] facility is considered utility [2:50:52] infrastructure that connects to [2:50:57] and relies upon a public system [2:50:58] for discharge via a curb [2:50:58] outlet. [2:50:59] The proposed sewer lateral is [2:51:03] designed to connect to [2:51:04] the public through Remain via [2:51:05] an existing public sewer [2:51:08] easement within four quarters. [2:51:08] Population number three. [2:51:13] Ownership and authority within [2:51:14] the private right of way [2:51:14] The right of way parcel is [2:51:19] privately owned and undivided [2:51:20] fee by five core owners [2:51:20] including the applicant and [2:51:21] there is no recorded easement [2:51:25] bordering that parcel in favor [2:51:26] of the project's proposed [2:51:27] private stormwater discharge or [2:51:31] the other owners interests. [2:51:31] The applicant lacks a written [2:51:32] consent from the other owners [2:51:37] for such use. [2:51:37] This raises fundamental [2:51:38] authority and access concerns [2:51:39] that should be resolved before [2:51:43] any city approval dependent on [2:51:44] the use of the private right of [2:51:48] way. [2:51:49] Staff Responds to Appeal Issue [2:51:50] number three. [2:51:50] The city's review of [2:51:55] the original granting lady to [2:51:55] determine that the right to [2:51:56] allow construction of [2:51:59] the stormwater infrastructure [2:52:00] and sewer lines are permitted [2:52:01] based on the easement language [2:52:05] And because they both tie into [2:52:06] public systems. [2:52:07] These improvements comply with [2:52:11] applicable regulations. [2:52:12] The city does not interfere [2:52:12] with third party disputes over [2:52:17] the use of private easements. [2:52:18] Appeal Issue number four. [2:52:18] Drainage system concerns [2:52:23] requiring commission direction [2:52:24] In addition to the easement and [2:52:25] authority issues above our [2:52:29] clients request that [2:52:30] the Commission ensure [2:52:30] the following issues are [2:52:31] addressed to the city [2:52:32] satisfaction and reflected as [2:52:35] enforceable conditions of [2:52:35] approval. [2:52:36] 4.1. [2:52:40] Disruption during construction [2:52:40] . [2:52:41] 4.2. [2:52:41] Maintenance Responsibilities. [2:52:45] 4.3 Potential Drainage Problems [2:52:46] and downstream impacts. [2:52:50] 4.4 Risk of backup at a 12 inch [2:52:50] pipe outlet. [2:52:54] 4.5 Hedge replacement and [2:53:00] surface restoration. [2:53:00] Staff Response to Appeal Issue [2:53:01] number 4.1. [2:53:05] Disruption during construction [2:53:05] . [2:53:05] Austerity policies regarding [2:53:06] Construction Act venues [2:53:11] including emergency access and [2:53:11] ingress and egress issues. [2:53:12] Hours of operation and noise [2:53:17] control that will be required [2:53:18] as part of the ministerial [2:53:18] review process and will be [2:53:19] verified to the satisfaction of [2:53:22] the city engineer. [2:53:23] The project is subject to [2:53:24] temporary construction best [2:53:24] management practices for [2:53:27] stormwater standards, [2:53:28] construction work hours of [2:53:29] operation and noise regulation [2:53:33] are applicable. [2:53:34] Fire safety and access during [2:53:34] construction are required for [2:53:38] sending a pharmacy standard a7. [2:53:39] The project is also subject to [2:53:39] street damage repair to [2:53:44] existing pavement from [2:53:44] excavation work determined by [2:53:45] the city engineer. [2:53:49] Staff response to Appeal Issue [2:53:50] 4.2. [2:53:50] Maintenance Responsibilities. [2:53:55] Permit Conditions required. [2:53:55] Stormwater Mitigation and [2:53:56] Discharge Control Management [2:53:57] Plan to the satisfaction of [2:54:01] the City Engineer as an [2:54:01] encroachment Maintenance and [2:54:02] removal agreement will be [2:54:03] required for the proposed [2:54:07] private storm drain right of [2:54:08] way encroachment into the La [2:54:08] Hoya Schwartz Drive Curb outlet [2:54:09] discharge. [2:54:12] Indemnification and insurance [2:54:12] between property owners is a [2:54:13] third party matter not enforced [2:54:17] by the city. [2:54:18] Staff response to Appeal Issue [2:54:22] number 4.3 Potential drainage [2:54:23] Problems and downstream [2:54:23] Impacts. [2:54:28] A drainage study for [2:54:29] the proposed project includes [2:54:29] peak flow attenuation details. [2:54:33] The project is required to [2:54:33] mitigate developed condition [2:54:34] peak flows to levels below pre [2:54:38] developed conditions to [2:54:39] the satisfaction of the city [2:54:39] engineer. [2:54:40] Runoff will be fully contained [2:54:44] in the proposed storm drain [2:54:45] system and the corresponding [2:54:46] phasing will be determined [2:54:49] through a hydraulic analysis to [2:54:50] ensure the proposed development [2:54:51] does not cause flooding of [2:54:51] surrounding properties to [2:54:55] the satisfaction of the city [2:54:56] engineer. [2:54:56] The proposed storm drain will [2:54:57] discharge directly to the curb [2:55:01] line in De La Hoya Shores right [2:55:02] via a proposed curb alert [2:55:05] system. [2:55:10] Staff response to Appeal Issue [2:55:10] number 4.4. [2:55:11] Risk of backup at the 12 inch [2:55:15] btc outlets. [2:55:16] >> Permit conditions require an [2:55:16] encroachment maintenance and [2:55:17] removal agreement including [2:55:21] specifications to prevent [2:55:21] potential clogging or back up [2:55:22] of the curb outlet discharge or [2:55:25] other potential clogging [2:55:26] impacts associated with [2:55:27] the proposed private storm [2:55:27] drain. [2:55:28] This agreement will be subject [2:55:30] to review by the city The city [2:55:35] engineer. [2:55:36] Staff Responsibility Number 4.5 [2:55:37] Hedge replacement and surface [2:55:41] restoration in all graded [2:55:42] disturbed or eroded areas that [2:55:46] will not be permanently paved [2:55:47] or covered by structures shall [2:55:47] be permanently revegetated and [2:55:48] irrigated. [2:55:52] Updated landscape condition [2:55:53] number 26 required complete [2:55:53] construction documents for [2:55:57] the premeditation and hydro [2:55:58] sealing of all disturbed land [2:55:59] in accordance with the city of [2:55:59] San Diego Landscape standards. [2:56:03] The stormwater defined manner [2:56:04] and to the satisfaction of [2:56:04] the city and the Development [2:56:08] Services Department. [2:56:14] Staff Recommendation. [2:56:14] >> Staff has reviewed [2:56:15] the proposal and concluded that [2:56:16] the improvements are consistent [2:56:19] with the purpose and intent of [2:56:19] the recorded easement and [2:56:20] the applicant's rights to [2:56:21] the easement. [2:56:24] Further, the project is [2:56:25] conditioned to comply with all [2:56:25] standard city policies and [2:56:28] regulations for construction [2:56:29] access and maintenance. [2:56:30] Staff recommends that [2:56:30] the Council deny the appeal and [2:56:34] affirm the Planning [2:56:34] Commission's decision to [2:56:35] approve with modifications. [2:56:38] Coastal Development permit [2:56:39] number 3213964 Site Development [2:56:43] Permit Number 3213965. [2:56:48] Tentative map number 3213966 In [2:56:51] adopting addendum number [2:56:56] 21285883 to be r number 912199 [2:56:56] The intention to the staff and [2:57:00] the applicant team are [2:57:01] available for questions. [2:57:06] Thank you. [2:57:11] I have I'm sorry. [2:57:11] >> Staff has advised for [2:57:15] conditions and provided to new [2:57:16] conditions that will as [2:57:16] follows. [2:57:31] Oh yeah. [2:57:31] Copies of these conditions have [2:57:36] been provided in hard copy. [2:57:41] The there is engineering [2:57:42] condition number 25 addressing [2:57:42] requirements of the drainage [2:57:46] study to landscape conditions [2:57:51] addressing requirements of [2:57:52] the replacement of the existing [2:57:56] hedges where needed to public [2:57:57] utilities conditions to address [2:58:01] sewer facility requirements and [2:58:02] one one tentative map condition [2:58:06] and requiring drainage and [2:58:07] sewer improvements to comply [2:58:08] with the California Civil Code [2:58:08] requirements. [2:58:12] Thank you. [2:58:12] >> All right. [2:58:13] Thank you. [2:58:13] Now that concludes your [2:58:14] presentation. [2:58:16] Right. [2:58:17] >> This concludes my [2:58:17] presentation. [2:58:18] Thank you. [2:58:18] Okay. [2:58:18] Thank you. [2:58:19] Before I turn over to [2:58:22] the appellant, I'll turn it [2:58:23] over to the Officer city [2:58:23] attorney for comment. [2:58:24] >> Thank you. [2:58:26] Council PRESIDENT. [2:58:27] When hearing and deciding upon [2:58:28] a project appeal the Council [2:58:32] MAY affirm reverse or modify [2:58:33] the Planning Commission's [2:58:36] decision a decision to reverse [2:58:37] or modify the Planning [2:58:38] Commission's decision must be [2:58:38] based on one or more of [2:58:42] the following factual error New [2:58:43] information findings that are [2:58:47] not supported conflict with [2:58:48] the Land Use Plan Council [2:58:48] policy or the municipal Code or [2:58:52] citywide significance. [2:58:53] A court will uphold [2:58:54] the Council's decision if it is [2:58:57] supported by substantial [2:58:58] evidence in the record. [2:58:58] Thank you. [2:58:59] That concludes my comments. [2:59:02] All right. [2:59:03] Thank you for that reminder as [2:59:03] we do these appeals. [2:59:07] So now I will turn it over to [2:59:12] the appellate for the project. [2:59:13] >> Well, you I think you've [2:59:15] been advised you'll have 15 [2:59:16] minutes if you could introduce [2:59:17] yourself for the record and [2:59:21] begin when you're ready. [2:59:21] >> Good afternoon, Council [2:59:22] PRESIDENT. [2:59:22] Council members. [2:59:26] My name is Anna Ludtke and I am [2:59:27] from the law firm of Higgs [2:59:27] Fletcher and Mack I am here [2:59:31] today on behalf of DR. And MRS. [2:59:35] Cavanaugh who live at 80 to 75 [2:59:36] La Hoya Drive and are [2:59:36] downstream neighbors of [2:59:40] the proposed project. [2:59:41] The Cavanaugh's timely filed a [2:59:41] project appeal after [2:59:45] the planning Commission [2:59:45] approved the permits on [2:59:46] DECEMBER 4th, 2025. [2:59:47] The appeal challenges [2:59:50] the planning Commission [2:59:51] findings on drainage adequacy [2:59:51] An applicant's legal authority [2:59:55] with respect to the private [2:59:56] roadway higher first quarter [2:59:59] Through this appeal process I [3:00:00] have discussed these issues [3:00:00] with neighboring property [3:00:05] owners who also have concerns [3:00:05] about the project and we are [3:00:06] here today. [3:00:10] I am here today to respectfully [3:00:11] request a short continuance of [3:00:11] this hearing so that we MAY [3:00:15] further study and review [3:00:16] the new and modified project [3:00:20] conditions and also continue [3:00:21] our discussions with [3:00:21] the project applicant. [3:00:22] Prior to this hearing we were [3:00:25] in discussions with them on [3:00:26] some modifications to [3:00:33] the conditions of approval that [3:00:33] you asked the applicant. [3:00:38] >> I have not asked [3:00:39] the applicant for a continuance [3:00:43] yet know it's a little [3:00:43] difficult because I think there [3:00:44] are some people here that are [3:00:45] not connected with you know, [3:00:47] the appellant or the applicant [3:00:47] who came down here in good [3:00:48] faith. [3:00:52] The council is ready. [3:00:53] What I will give you is kind of [3:00:56] a half response is [3:01:01] the applicant also has a 15 [3:01:02] minute presentation. [3:01:05] I don't know if 15 minutes is [3:01:05] going to be enough for you to [3:01:09] confer with them and or staff [3:01:10] with this very lengthy and very [3:01:14] small print modification to [3:01:15] the conditions. [3:01:18] But why don't you go through [3:01:19] that and see where you land and [3:01:20] see if there's any comfort [3:01:20] level there? [3:01:24] I know that's a lot to ask of [3:01:25] you but I think you can [3:01:25] understand docketing These [3:01:29] items don't come easy And again [3:01:29] there's other people that I [3:01:30] want to extend a courtesy to [3:01:33] them for showing up here with [3:01:34] their own issues which MAY be [3:01:34] different. [3:01:35] So do you want to run through [3:01:39] your presentation in any way or [3:01:42] do you want to use that time to [3:01:47] confer with the applicant? [3:01:48] If I elect to take a few [3:01:49] minutes to confer with [3:01:53] the applicant if they do not [3:01:53] agree MAY I come back and [3:01:54] complete my presentation? [3:01:54] Yes. [3:01:57] We extend the courtesy of [3:01:58] having you go first but yes at [3:02:01] your request you can certainly [3:02:01] do a second. [3:02:02] Okay? [3:02:02] Okay. [3:02:05] All right. [3:02:06] Yeah. [3:02:07] I'm putting you in a tough spot [3:02:07] so I understand that. [3:02:11] I appreciate that. [3:02:12] I'm trying to navigate running [3:02:12] the meeting. [3:02:13] So is any member of [3:02:16] the applicant willing to I [3:02:17] shouldn't put words in your [3:02:20] mouth but to sit down with her [3:02:21] and work through the changes [3:02:23] You have a copy of them? [3:02:23] Yeah. [3:02:32] Yeah, I do. [3:02:33] Good. [3:02:38] After Good afternoon, Counsel. [3:02:39] This is Sandra Slavin On behalf [3:02:42] of the applicant we have [3:02:43] reviewed the conditions that [3:02:43] staff has provided and we're in [3:02:47] agreement with them and we [3:02:47] believe they more than address [3:02:48] the issues that were raised [3:02:51] both in the PowerPoint and [3:02:52] the letters we've received thus [3:02:52] far. [3:02:53] Therefore we're asking that [3:02:57] the hearing continue. [3:02:57] Okay. [3:02:58] We weren't asking you that [3:02:58] question. [3:02:59] What we were asking whether you [3:03:02] would be willing to talk with [3:03:02] the appellants representative [3:03:06] about the conditions that you [3:03:07] MAY or MAY not agree with them. [3:03:15] But I think what I'll I mean I [3:03:15] don't expect we have a few [3:03:16] minutes please. [3:03:16] Yeah. [3:03:18] So what I'm going to do is I'm [3:03:19] going to go to the rest of [3:03:20] the public and take their [3:03:30] testimony for the public I have [3:03:34] of Bernard Siegel. [3:03:38] Bernard Siegel, are you here if [3:03:43] you'd like to come up to speak [3:03:44] after Bernard Siegel I have [3:03:49] Michael Feinstein Would it be [3:03:49] permissible or have been [3:03:50] changed to speak first? [3:03:53] Lynne Shank Sure. [3:03:54] Lynne Shenk You have time ceded [3:03:57] to you by Kyle Alderman if you [3:03:58] can please raise your hand and [3:04:10] by John Doe many thank you. [3:04:11] How much time I think MR. [3:04:15] Domini seated his time to MR. [3:04:19] Siegel I have here John Dominy [3:04:20] and Kyle Alderman both ceded [3:04:24] their time to you. [3:04:24] Lynch Okay. [3:04:27] And then you will be having [3:04:32] three, four, three, 4.5 [3:04:32] minutes. [3:04:33] It's going to be a minute and a [3:04:35] half for each person So you'll [3:04:36] have 4.5 minutes. [3:04:36] All right. [3:04:41] Well, thank you, PRESIDENT [3:04:41] LaCava and members of the City [3:04:42] Council. [3:04:42] My name is Lynn Shank. [3:04:46] I reside at 2446 Valla Zito's [3:04:50] Court in in La Hoya. [3:04:51] Let me just start by saying [3:04:51] that my attorney Robin [3:04:55] Modafferi who was going to be [3:04:56] here I just learned a few hours [3:04:59] ago is quite ill and for that [3:05:00] reason and others I would [3:05:04] support the continuance request [3:05:05] so that we could have her here. [3:05:09] But if not I will go on with my [3:05:14] remarks if that's okay. [3:05:14] Uh, frankly I haven't been in [3:05:18] this council chamber since [3:05:19] the late 80s when I was [3:05:20] appointed to the Port [3:05:20] Commission by a previous [3:05:24] council and never thought I'd [3:05:24] be here again. [3:05:28] But this project is of such [3:05:31] magnitude the whole project [3:05:32] entire four and a half acres [3:05:33] and the six McMansions that are [3:05:37] being proposed have such an [3:05:37] impact on my life that I. [3:05:38] i had to show up. [3:05:42] Yes this project is in La Hoya [3:05:46] but but the incompatible [3:05:47] construction that impacts [3:05:48] the lives of neighbors can [3:05:52] happen in any neighborhood in [3:05:52] any district. [3:05:56] My property is immediately [3:05:57] contiguous to the project [3:06:01] separated only by a chain link [3:06:01] fence. [3:06:02] There's no alley there, no [3:06:02] roads, nothing. [3:06:06] It's just one continuous piece [3:06:06] of land. [3:06:11] The plan is to build six very [3:06:12] large homes two of them [3:06:15] immediately abutting my home [3:06:19] and they will be three maybe [3:06:20] four times the size of my house [3:06:21] within ten feet of my house. [3:06:24] Now I'm five seven and I don't [3:06:25] know adding a few feet here [3:06:28] above my hand That's [3:06:29] the distance from these very [3:06:34] large homes to to mine Uh, I'm [3:06:34] not here to ask you to to kill [3:06:35] this project. [3:06:39] I'm here to ask you to either [3:06:39] grant the continuance or to [3:06:42] delay approval so that we can [3:06:43] work in a very real neighborly [3:06:44] and good faith manner to come [3:06:47] up with mitigation measures. [3:06:48] I didn't appear before [3:06:53] the planning Commission. [3:06:54] Well, first my my daughter my [3:06:58] stepdaughter died just a couple [3:06:59] of weeks before But also we had [3:07:03] a we thought my attorney and I [3:07:04] that we had come up with some [3:07:08] agreements with the owners of [3:07:09] Lot three and we relied on that [3:07:12] in good faith. [3:07:13] But I'm here to tell you say [3:07:13] that from that moment on they [3:07:18] have not acted in good faith [3:07:18] Their applicants lawyers [3:07:21] applicant of the project have [3:07:22] have delayed and generally [3:07:23] ignored entreaties by my lawyer [3:07:27] to reduce our agreement to [3:07:28] writing their lawyer as they [3:07:33] delayed it didn't return calls [3:07:33] and in fact finally called her [3:07:37] when the notice of this hearing [3:07:37] finally came out that's when he [3:07:38] called her. [3:07:41] But that's been the tenor of [3:07:42] this saga. [3:07:42] It's been cloaked in secrecy, [3:07:46] lack of transparency and devoid [3:07:47] of a fair process. [3:07:47] We've tried to find out who [3:07:51] the owners are of these six [3:07:52] slots who's going to be our [3:07:52] neighbors. [3:07:55] One must wonder about this [3:07:59] secrecy Who are the unknown [3:08:00] Three out-of-state owners that [3:08:00] the u-t referred to when they [3:08:04] wrote about this project? [3:08:05] I have no idea who's going to [3:08:06] be my neighbors Who who do I [3:08:06] talk to? [3:08:09] It took over a year to learn [3:08:10] about one neighbor. [3:08:10] We met the Senate. [3:08:14] Very nice people refused to [3:08:15] tell us who the other owners [3:08:19] were a couple of years later [3:08:20] meaning a few months ago I met [3:08:23] with the owners of Lot three [3:08:23] that does abut my house again [3:08:24] very nice people. [3:08:27] I thought we had an agreement [3:08:32] but not nothing a lot for and I [3:08:32] have passed out this lot lot [3:08:37] for will immediately but my my [3:08:41] home and the way it is designed [3:08:42] the windows and their [3:08:42] entertainment deck looks right [3:08:46] into my house, into my living [3:08:47] room, into my my dining room [3:08:51] because I have cathedral [3:08:52] ceilings. [3:08:52] The house was built in the 60s [3:08:56] by owners who never thought [3:08:57] that they would have a house [3:08:57] right next to them looking in [3:09:01] on on their life this way built [3:09:02] on an artificial pad they're [3:09:05] going to tear down a big hill [3:09:10] and create a pad filling in a [3:09:11] valley That should not be done. [3:09:15] >> That does conclude your time [3:09:16] . [3:09:17] I am not sure if anybody else [3:09:17] wants to cede your time but [3:09:18] that is the full time. [3:09:20] I'm sorry. [3:09:21] Well it's it's a mystery why [3:09:25] the local advisory board was [3:09:25] ignored when voted against is [3:09:26] unanimous. [3:09:26] Thank you for that And I thank [3:09:30] you for your time and I hope [3:09:31] that you will read my letter. [3:09:32] It's just I have to ask you. [3:09:37] >> Thank you, Bernard Siegel [3:09:38] Bernard Siegel After that is [3:09:43] Philip Merton to the left And [3:09:48] MR. Burke, are you okay with [3:09:48] that? [3:09:49] MR. Burton Because we do do a [3:09:49] first come first serve unless [3:09:50] you're okay with it. [3:09:54] Please come up. [3:09:55] Good afternoon. [3:10:00] Council members. [3:10:01] My name is Philip Merton. [3:10:03] I reside at 1236 New Orleans [3:10:04] Vista Way in the community of [3:10:08] La Hoya. [3:10:09] I'm here today representing MR. [3:10:09] Lynch. [3:10:13] I want my comments are also on [3:10:17] my own behalf as a 15 year [3:10:17] member of the Community [3:10:18] Planning Association and as an [3:10:22] elected trustee for 12 of those [3:10:26] years in the late 1960s and [3:10:26] early 1970s the residents of La [3:10:30] Hoya Shores concluded that [3:10:31] the character of their [3:10:31] community was unique and [3:10:35] deserved protection. [3:10:36] In 1974 the San Diego City [3:10:37] Council adopted De La Hoya [3:10:41] Shores precise Plan de La Hoya [3:10:42] Shores Design Manual and the La [3:10:45] Hoya Shore's Plan District [3:10:46] Ordinance The La Hoya Surance [3:10:46] Plan District ordinance has [3:10:49] been the controlling [3:10:50] regulations in La Hoya Shores [3:10:51] for more than 50 years and are [3:10:55] contained in Chapter 15 Article [3:10:55] one of the San Diego Municipal [3:11:00] Code The Design Principles [3:11:00] section of the Shores Ordinance [3:11:05] states original quality and [3:11:06] diversity in architecture are [3:11:09] encouraged The same unity and [3:11:09] variety shall be a guiding [3:11:10] principle. [3:11:13] Unity without variety means [3:11:14] simple monotony but variety by [3:11:14] itself is chaos. [3:11:19] It says that no structure will [3:11:19] be approved which is [3:11:23] substantially like any other [3:11:24] structure located on adjacent [3:11:24] parcel. [3:11:29] It also says conversely no [3:11:30] structure will be approved that [3:11:30] is so different in quality For [3:11:33] that concluding statement that [3:11:34] does include But if you have [3:11:35] written statements you can [3:11:35] definitely hand those to my [3:11:36] staff and then we can [3:11:38] distribute those to the council [3:11:38] so that they can continue [3:11:39] reading them. [3:11:40] Do you have a handout for [3:11:43] council member group Mo Samak [3:11:51] Summary. [3:11:52] Good afternoon. [3:11:57] Council PRESIDENT McCarver [3:11:58] Council Members My name is Mo [3:12:02] Samik I am with the Office of [3:12:03] San Diego Land Lawyers and we [3:12:06] represent MISS Lynn Schenck who [3:12:07] actually as you mentioned owns [3:12:07] property directly adjacent to [3:12:11] this particular project. [3:12:11] In addition to the concerns [3:12:16] that was raised by others there [3:12:17] are a couple of technical items [3:12:17] that I would like to bring it [3:12:20] to Council's attention before [3:12:20] their decision. [3:12:24] First is about the grading. [3:12:25] This project proposes a grading [3:12:29] of six different lots with no [3:12:30] particular order in which [3:12:35] the lots are going to be [3:12:35] graded. [3:12:36] The amount of grading is [3:12:36] significant. [3:12:40] It varies from for each lot. [3:12:43] It varies from 560yd to about [3:12:47] 40 800yd of excavation and [3:12:51] 460yd to about 20 500yd of [3:12:52] fill. [3:12:53] And if there are no conditions [3:12:56] to proper address the amount of [3:12:57] grading, it is possible that [3:13:01] these type of activities [3:13:02] continues on for a significant [3:13:03] period of time which you can [3:13:07] imagine if your next door [3:13:07] neighbor you would be impacted [3:13:11] by trucking by dust and noise [3:13:12] for an indefinite period of [3:13:12] time. [3:13:16] So we believe there should be [3:13:20] some requirements for adjusting [3:13:21] the grading With respect to [3:13:22] drainage which counsel actually [3:13:25] mentioned. [3:13:26] I want to briefly mention that [3:13:27] we understand that they are [3:13:31] discharging something and I'm [3:13:31] sorry that does conclude your [3:13:35] time. [3:13:35] If you have any written [3:13:36] statements we can definitely [3:13:37] distribute those to [3:13:37] the council. [3:13:40] I just wanted to mention that [3:13:40] the amount of discharge is [3:13:41] significantly higher with [3:13:44] the curb capacity. [3:13:45] Thank you for that concluding [3:13:45] statement. [3:13:46] Michael Feinstein. [3:13:52] Michael Feinstein And then our [3:13:53] last public comment is Bernard [3:13:56] Siegel That's here in council [3:14:15] chambers. [3:14:15] >> Good afternoon, MR. [3:14:16] PRESIDENT. [3:14:19] And for the same for [3:14:24] the members of the Council. [3:14:25] I reside at 2406 via Zito's [3:14:29] court which is property on [3:14:29] the street adjacent to this [3:14:30] development. [3:14:34] Early on I spoke with MR. [3:14:35] Faust, the architect involved [3:14:35] in this project. [3:14:38] I asked him to identify who [3:14:43] the owners actually would be in [3:14:44] the homes that are being built [3:14:45] and he refused to give me that [3:14:45] information. [3:14:48] I asked MR. Fosh if he would [3:14:49] give me a copy of the agreement [3:14:52] between him and the owners that [3:14:53] would show his authority to act [3:14:57] on behalf of the owners and he [3:14:58] would not furnish that to me [3:14:58] either. [3:14:59] He referred me to a man by [3:15:02] the name of Scott Sennett who [3:15:02] happens to be the managing [3:15:03] partner of a limited [3:15:07] partnership called the Cielo Ma [3:15:07] Project. [3:15:08] I met with him. [3:15:11] Now this is the limited [3:15:12] partnership that was reputed to [3:15:16] be from MR. Faucheux, the owner [3:15:16] of the actual parcel that is [3:15:17] being developed and is [3:15:21] the subject of seeking these [3:15:21] permits. [3:15:22] MR. Sennett refused to disclose [3:15:26] to me give me a copy of [3:15:27] the escrow instructions that [3:15:31] showed who the limited who were [3:15:31] the owners of these things. [3:15:32] So to this day the applicant so [3:15:35] called applicant has refused to [3:15:36] tell us who the actual [3:15:40] individual owners of these six [3:15:40] homes are going to be. [3:15:41] Now we have to have that [3:15:45] information And now MR. Fosh is [3:15:49] presumably seeking a permit on [3:15:50] behalf of people. [3:15:51] >> That does conclude your [3:15:51] time, sir. [3:15:53] I have one but six parties [3:15:54] exceeding to me. [3:15:58] I have nobody who ceded time to [3:15:58] you in my records. [3:15:59] Sorry I'm up here. [3:16:02] There's nobody that seated time [3:16:03] in your records. [3:16:04] >> If they can raise their hand [3:16:04] we can get a speaker slip from [3:16:05] them. [3:16:08] I have MR. Doheny I think is [3:16:09] here to share the time to me. [3:16:10] >> MR.. [3:16:12] Don't be seated. [3:16:13] His time and his speaker slip [3:16:13] to Lynn Schenck. [3:16:17] He ceded his time to Lynn [3:16:17] Schenck. [3:16:18] >> I can't hear you. [3:16:18] I'm sorry. [3:16:22] He ceded his time to Lynn [3:16:22] Schenck. [3:16:23] Myself will come down and talk [3:16:25] to you and show you [3:16:26] the speaker's slip. [3:16:27] I actually need more time to [3:16:30] show you that MR. Bush does not [3:16:31] have the authority legal [3:16:32] authority to speak on behalf of [3:16:36] this applicant. [3:16:36] >> Understood, sir. [3:16:37] You If there's anybody else [3:16:38] that can see due time then they [3:16:41] can give you time. [3:16:42] But there's no other speakers [3:16:43] up here and I have to be before [3:16:45] I can. [3:16:46] >> Must expressed the hope that [3:16:46] if the applicant. [3:16:50] I'm sorry, sir. [3:16:51] I do have to move on to [3:16:52] the next speakers. [3:16:57] Do we go to um I'm going to be [3:16:58] looking for an update. [3:17:02] We're going to go to the folks [3:17:03] participating remotely get take [3:17:05] their comments and then we'll [3:17:06] circle back with the two [3:17:11] parties going to those [3:17:11] participating remotely I'm [3:17:15] sorry the five minute timer We [3:17:15] have three speakers in [3:17:16] the queue. [3:17:19] Tony if you can please unmute. [3:17:24] >> Hello? [3:17:24] Can you hear me? [3:17:25] Yes, Please proceed. [3:17:26] Hey I just wanted to say that [3:17:29] I'm in support of the residents [3:17:29] of La Hoya. [3:17:30] I'm not acquiescing and I hope [3:17:33] that the council won't [3:17:34] acquiesce to the demands of [3:17:34] the developers. [3:17:37] I know from my own personal [3:17:38] experience how much our living [3:17:42] conditions are affected by [3:17:43] incessant development and a lot [3:17:44] of times the development [3:17:48] doesn't necessarily support [3:17:49] the community and it doesn't [3:17:52] give the local residents [3:17:53] anything particularly [3:17:53] beneficial. [3:17:54] And in this case it sounds like [3:17:58] that's what a lot of the local [3:17:59] residents are saying. [3:18:02] So I hope that this town can be [3:18:03] one that continues to [3:18:03] accommodate the people that [3:18:04] live here, not the people that [3:18:06] want to build here. [3:18:07] And it's very quickly becoming [3:18:11] a town that is building homes [3:18:16] for private equity to sit and [3:18:17] hang on to. [3:18:17] I know that was the case. [3:18:20] It was reported back in 2024 in [3:18:24] the Union-Tribune that almost [3:18:25] 19% 20% of the homes sold in [3:18:29] Georgia were for private [3:18:29] equity. [3:18:30] So I just have some concerns [3:18:33] about especially what the last [3:18:34] gentleman who spoke raised [3:18:38] about not knowing who [3:18:39] the purchasers of these [3:18:43] developed lots would be. [3:18:44] Yeah, that's a that's very [3:18:48] concerning. [3:18:48] >> So anyway, thanks for your [3:18:49] time. [3:18:49] Thank you. [3:18:49] Next is Hector. [3:18:52] If you can please unmute. [3:18:53] >> After that our final speaker [3:18:54] is 8700. [3:18:58] Thanks for taking my call. [3:18:59] Hey Mike. [3:19:02] She's like a great person in [3:19:03] San Diego. [3:19:07] Give her a break And she says [3:19:08] this is the fight for even [3:19:13] the rich guys in La Hoya. [3:19:14] Yeah, if there's say guys in [3:19:17] Bay Park they just built [3:19:18] the four story u next to my [3:19:23] neighbor So my driveway looking [3:19:24] into you know it's terrible he [3:19:27] couldn't do nothing about it [3:19:27] man. [3:19:28] He didn't have the millions of [3:19:33] lawyers though So I know the La [3:19:34] La Hoya game is you know, it's [3:19:37] a terrible session. [3:19:37] Do those guys do this? [3:19:38] Do that but just take it could [3:19:43] be like a lot of Black Lives [3:19:43] Matter and then they turn it [3:19:47] into a duty party yourself. [3:19:48] Who knows how to apply it But [3:19:50] it's going to be a battle. [3:19:51] I say take the law. [3:19:54] You guys give them a grain of [3:19:55] salt. [3:19:55] Let them have them. [3:19:56] Let them have their way because [3:20:01] they all got buddies and [3:20:01] they're older defend them And [3:20:02] it's more and it's going to be [3:20:05] a loss Who you know what's [3:20:06] going to happen there Obviously [3:20:09] the lawyers are definitely [3:20:09] conceal and reveal the truth [3:20:14] That's what they get paid for. [3:20:14] They're going to lie. [3:20:15] That's the whole game that Oh [3:20:22] good luck with your life. [3:20:22] Thank you. [3:20:23] That concludes your comments. [3:20:25] Oh yeah. [3:20:25] Thank you. [3:20:32] Next is 8700 8700 if you [3:20:33] complete. [3:20:38] >> There you go. [3:20:39] Sorry about that. [3:20:39] Thank you. [3:20:39] City clerk. [3:20:40] City clerk. [3:20:40] I apologize. [3:20:42] Is that 1 or 2 minutes? [3:20:43] It's a minute and a half a [3:20:47] minute and a half. [3:20:48] Thank you so much, Joy. [3:20:51] As soon you are to First of [3:20:52] all, I've just come out of [3:20:53] the gate saying this that I [3:20:56] agree with the staff and [3:20:57] they're recommending that you [3:20:57] deny the appeal. [3:21:01] Now a couple of things I want [3:21:01] to say as I live in District [3:21:05] three but I try to get a stay [3:21:06] abreast of what's happening in [3:21:10] our entire San Diego area as [3:21:11] best I can by this kind of [3:21:15] process Really, really upsets [3:21:15] me. [3:21:16] And the reason it does is [3:21:20] because, you know, appeals are [3:21:21] good and they're not too good [3:21:21] at the same time. [3:21:25] But what causes these appeals [3:21:26] is they begin to listen to [3:21:30] the parties involved. [3:21:30] I feel very sad and very upset [3:21:31] at the same time because they [3:21:35] see this this this push pull [3:21:36] this fight in a negative way [3:21:39] between the parties who are [3:21:40] involved, whether it's [3:21:45] neighbors or you know, making [3:21:45] the appeal the developers, [3:21:46] whatever and you choose of [3:21:50] the word somebody use the word [3:21:50] today secrecy and [3:21:51] nontransparent And there are [3:21:54] some other very negative word [3:21:57] to use And yet she was I [3:21:58] believe which one she was [3:21:59] asking that if we could have a [3:22:02] neighbor who had neighborly [3:22:03] good faith collaboration. [3:22:07] Well, you know where was that [3:22:08] we're has that been in in a lot [3:22:11] of cases that just doesn't [3:22:12] happen. [3:22:12] So that's what we want. [3:22:17] We want all these parties to [3:22:17] sit together and collaborate [3:22:22] and share and come to the good. [3:22:22] My apologies. [3:22:25] And that does conclude the five [3:22:25] minute timer. [3:22:26] >> So that does include public [3:22:26] comment on this item. [3:22:27] All right. [3:22:29] Thank you, City Clerk So at [3:22:30] least we got through that part [3:22:30] of that. [3:22:31] So where do we stand with [3:22:34] the appellant and the applicant [3:22:35] Chandler Slavin On behalf of [3:22:39] the applicant we respectfully [3:22:40] request that the hearing be [3:22:41] continued today and not be [3:22:44] extended. [3:22:45] Did the Appellant We've reached [3:22:49] out multiple times and this is [3:22:50] the first time we've heard from [3:22:50] them in six months They do not [3:22:53] have their civil engineer nor [3:22:54] their clients here We are [3:22:58] accepting of the conditions [3:22:59] that staff took a lot of time [3:23:00] and effort to write and we [3:23:03] would like our hearing to [3:23:04] continue and the appeal to be [3:23:04] withdrawn today. [3:23:07] Thank you. [3:23:07] >> All right. [3:23:12] The appellant realizing that [3:23:17] puts you in an awkward position [3:23:17] . [3:23:18] >> I'm sorry could you come to [3:23:22] the mic just so everybody else [3:23:22] can hear? [3:23:23] Yes, of course. [3:23:29] Thank you. [3:23:30] We are not going to withdraw [3:23:34] our appeal today if [3:23:35] the applicant or the applicant [3:23:39] has not agreed to continue [3:23:39] the hearing to a future date. [3:23:40] I put that to the council but I [3:23:44] understand Council PRESIDENT [3:23:45] LaCava your hesitancy to do [3:23:45] that So we are prepared. [3:23:49] I am prepared to continue with [3:23:50] the hearing if that is [3:23:53] the direction given to me. [3:23:54] >> I believe my clients [3:23:59] the Cavanaugh's are online so [3:23:59] they are also here with us [3:24:03] today. [3:24:04] All right so we'll give you so [3:24:08] that they reach out to you [3:24:08] during this hearing? [3:24:09] >> No, not yet, no. [3:24:13] We spoke with Bill Prior to [3:24:14] the hearing. [3:24:14] Okay. [3:24:15] So for the second time that was [3:24:15] the question I was asking is [3:24:17] whether the two sides could sit [3:24:17] down not thinking there was [3:24:18] anything fanciful or rose [3:24:22] colored glasses that would be [3:24:22] resolved. [3:24:23] But I remember the good words [3:24:27] of fresco, right. [3:24:27] Who else? [3:24:31] Eric Netherland that said Just [3:24:32] talk if there's an opportunity [3:24:33] to talk But people make their [3:24:36] choices so I will invite you [3:24:37] with your 15 minutes to make [3:24:41] your presentation. [3:24:41] Excellent. [3:24:42] Thank you very much. [3:24:42] Well good afternoon again. [3:24:46] I'm sure this doesn't happen [3:24:47] often but you know it's always [3:24:51] a good time as I previously [3:24:51] mentioned, my name is Anna and [3:24:52] i represent the appellant's [3:24:55] doctor, MRS. Cavanaugh who live [3:24:56] at 8270 five La Hoya Shores [3:24:56] Drive downstream neighbors of [3:25:00] the proposed project. [3:25:01] We were here today to request a [3:25:01] continuance but given that that [3:25:05] is not an option on the table, [3:25:05] we will continue and we [3:25:09] respectfully request that you [3:25:10] after hearing my presentation [3:25:14] decide to continue and require [3:25:15] future study future analysis of [3:25:19] the applicant, the Cabinets [3:25:20] appeal challenges the Planning [3:25:20] Commission findings on drainage [3:25:21] adequacy and the applicant's [3:25:25] legal authority with respect to [3:25:25] the private roadway Kyra. [3:25:29] >> First go to the applicant [3:25:29] has hired a third party [3:25:33] engineer who reviewed [3:25:34] the grading and drainage plans [3:25:34] provided by the applicant and [3:25:38] has found substantive and [3:25:39] legitimate concerns with [3:25:39] the drainage and grading of [3:25:43] report. [3:25:43] The project proposes to [3:25:46] discharge approximately 6.7 [3:25:47] cubic feet per second of [3:25:51] stormwater towards Kyra First [3:25:51] cota and the Hoya Shores Drive. [3:25:55] This equates to roughly 50 [3:25:56] gallons of water per second or [3:25:59] approximately 3000 gallons of [3:26:00] stormwater per minute during a [3:26:03] storm event. [3:26:04] This is the equivalent of [3:26:05] draining a typical residential [3:26:08] swimming pool into the streets [3:26:09] system every few minutes [3:26:10] creating a concentrated [3:26:14] discharge that raises [3:26:14] substantial concerns regarding [3:26:15] the downstream impacts street [3:26:18] capacity and public safety. [3:26:19] This is the Hoya Shores Drive a [3:26:20] very significant roadway in [3:26:23] this part of the town. [3:26:24] >> It is our engineers belief [3:26:28] that the curb cannot handle [3:26:28] this amount of water. [3:26:29] We are requesting that [3:26:33] the applicant perform [3:26:34] downstream analysis for [3:26:34] the water being discharged onto [3:26:38] the Hoya Shores Drive. [3:26:39] The current drainage study that [3:26:40] was presented with this product [3:26:41] does not currently contain this [3:26:51] downstream analysis. [3:26:52] The Cavanaugh residents please [3:26:58] continue. [3:26:59] >> Perfect. [3:26:59] So here you can see [3:27:04] the proposed project location. [3:27:05] The Cavanaugh residence is at [3:27:05] the corner of q four Scotia and [3:27:09] La Hoya Shores Drive at [3:27:10] the furthermost edge You can [3:27:11] see it there on the far left. [3:27:14] It is particular It is also [3:27:15] downhill of La Hoya Shores [3:27:18] Drive so therefore it is [3:27:18] particularly vulnerable to any [3:27:19] concentrated discharges or [3:27:20] failures in the proposed [3:27:23] drainage system serving [3:27:23] the project and adjoining [3:27:24] parcels. [3:27:27] My clients and other adjacent [3:27:28] homeowners would be directly [3:27:29] affected by any surface or [3:27:33] subsurface discharge rooted [3:27:33] through that corridor. [3:27:34] The Kavanagh third party water [3:27:38] resources engineer conducted a [3:27:38] study of the stormwater [3:27:43] assessment and a and produced a [3:27:47] memo reflecting its five [3:27:47] findings and proposed [3:27:48] conditions. [3:27:48] A copy of said memo was [3:27:53] provided last week and I [3:27:54] believe you all have a copy in [3:27:58] hand when you go back can you [3:28:03] actually reverse please? [3:28:08] >> The key concerns identified [3:28:09] by the engineer were [3:28:09] the following Western boundary [3:28:13] routing the brown ditch along [3:28:14] the western boundary is shown [3:28:14] routing directly into a 12 inch [3:28:15] storm drain on Caiaphas. [3:28:18] Go to bypassing the West Basin [3:28:19] and undermining q100 mitigation [3:28:23] and water quality treatment. [3:28:23] Prior versions also reference [3:28:24] prior versions of [3:28:24] the applicant's plans also [3:28:28] referenced a pump to lift flows [3:28:28] to Basin b one But current [3:28:32] documents lack the clarity on [3:28:33] whether or not that pump is [3:28:33] there or not. [3:28:34] Additionally, the engineer [3:28:37] found that the Basin two is [3:28:38] marginally undersized for water [3:28:42] quality performance. [3:28:42] Also a conjunctive use basin [3:28:46] shows inadequate freeboard for [3:28:47] q100 water events and appears [3:28:48] to rely on low flow under drain [3:28:52] orifices for q 100 discharge [3:28:52] which is not allowed. [3:28:53] Conjunctive use just means [3:28:57] shared uses for both stormwater [3:28:58] treatment and collection during [3:29:01] storm events. [3:29:02] Pump design and failure [3:29:02] contingencies If a pump is used [3:29:07] to lift western flows to Basin [3:29:07] b one the applicant's [3:29:11] submittals lack design sizing, [3:29:11] housing power reliability and [3:29:12] redundancy of this pump. [3:29:16] Emergency overflow analysis has [3:29:16] also absent from its report. [3:29:21] And lastly the 12 inch storm [3:29:22] drain proposed in Cairo for [3:29:26] Skoda omits hydraulic sizing [3:29:26] and in the capture analysis And [3:29:30] as I previously mentioned that [3:29:31] downstream water analysis of [3:29:35] the flows coming off from [3:29:35] the project site and flowing [3:29:44] into the higher shores drive in [3:29:45] addition to the question as to [3:29:45] the drainage design and [3:29:49] the storm water deficiencies [3:29:50] identified by the third party [3:29:54] water resources engineer. [3:29:55] There remains the issue of [3:29:56] the ownership of Cairo First go [3:29:59] to this private roadway and [3:29:59] whether or not the applicant [3:30:00] has the right to utilize Cairo [3:30:04] for Skoda for the installation [3:30:04] repair and replacement of [3:30:08] public utilities without [3:30:08] the consent of the other [3:30:13] co-owners including Cavanaugh's [3:30:13] . [3:30:14] According to the document that [3:30:17] was referenced document number [3:30:18] 43 967 the original grant deed [3:30:22] It states that an interest is [3:30:23] granted in the property in [3:30:27] interest which implies for [3:30:28] ownership. [3:30:29] The at the appellants advocate [3:30:32] the hire for Skoda is not an [3:30:33] easement for use by [3:30:36] the developer but instead it is [3:30:37] privately owned in undivided [3:30:40] fee interest by five co-owners [3:30:41] including the Cavanaugh's. [3:30:45] There is no record it easement [3:30:46] burdening that parcel in favor [3:30:50] of the projects proposed [3:30:50] private stormwater discharge [3:30:51] over the other owners interests [3:30:56] further Kenya for Skoda has its [3:30:57] own assessor's parcel number [3:31:00] and for many years the county [3:31:00] tax collector issued a secured [3:31:01] tax bill specifically for this [3:31:05] private right of way In [3:31:06] California, paying property [3:31:06] taxes is a strong indicia of [3:31:10] fee interest. [3:31:10] To date the applicant has not [3:31:11] received written consent from [3:31:15] the other co-owners for [3:31:15] installing private drainage and [3:31:16] sewer improvements proposed for [3:31:20] the project from my clients [3:31:21] the Cavanaugh's or any of [3:31:22] the other property owners along [3:31:24] Kyra for Skoda we therefore [3:31:25] state there remains fundamental [3:31:29] authority and an access [3:31:30] concerns that should be [3:31:30] resolved before any city [3:31:34] approvals of the project [3:31:34] dependent are given that are [3:31:35] dependent on the use of this [3:31:52] private right of way that [3:31:52] the third party engineer also [3:31:56] provided corrective conditions [3:31:57] in its report. [3:32:02] Here are a few Prior to [3:32:02] granting approval we recommend [3:32:06] again that the Council continue [3:32:07] to study these conditions and [3:32:08] whether or not they actually [3:32:11] meet with the concerns [3:32:12] addressed today. [3:32:16] But first we require we request [3:32:17] that the Council require final [3:32:17] stamp plans that positively [3:32:18] route all tributary flows from [3:32:21] the Western brow ditch into [3:32:26] basin be one also before [3:32:27] permits are issued We require [3:32:31] detention provisions [3:32:32] demonstrating one foot of [3:32:32] freeboard above q 100 ponding [3:32:36] in each basin and no reliance [3:32:39] on under drain or orifice for q [3:32:39] 100 discharge condition [3:32:40] approval on field pump design [3:32:43] peak flow head calculations [3:32:44] exposure and power reliability [3:32:45] emergency overflow routing and [3:32:49] redundancy including a backup [3:32:49] pump for the Western system If [3:32:54] a pump is used And again is [3:32:54] there going to be a water pump, [3:32:55] is there not? [3:32:56] What is going to happen for [3:33:01] this water flow require [3:33:01] complete hydraulic sizing and [3:33:05] inlet capture analysis for [3:33:06] the 12 inch water line, [3:33:07] reconcile alignment across plan [3:33:10] sets and demonstrate [3:33:11] the concentrated discharge at [3:33:12] La Hoya shorts Drive is safely [3:33:12] accommodated in the public [3:33:15] right away. [3:33:16] We maintain that it is not [3:33:17] clear from the applicant's [3:33:21] plans whether or not it will be [3:33:21] safe for that amount of water [3:33:22] to be discharged into La Hoya [3:33:25] Shore's Drive. [3:33:26] >> We'd also like the applicant [3:33:30] to confirm all bio filtration [3:33:30] facilities meet minimum water [3:33:31] quality sizing including [3:33:32] the correction of any [3:33:40] undersized. [3:33:40] The applicant believes that [3:33:45] there are significant questions [3:33:45] about the drainage studies that [3:33:46] were done and submitted to [3:33:50] the city staff for review and [3:33:51] therefore we would like [3:33:51] the Council to continue this [3:33:55] hearing to further analyze [3:33:55] the applicant's plans and tell [3:33:59] us whether or not the plans [3:34:00] adequately address storm water [3:34:00] concerns. [3:34:05] I, I would now like to give [3:34:06] some of my time to my clients [3:34:12] if they are available on Zoom. [3:34:17] Yes we are available. [3:34:17] Hi. [3:34:22] Let me know when to start. [3:34:23] We can hear you here in council [3:34:23] chambers. [3:34:26] Okay. [3:34:27] All right. [3:34:28] Well thank you to the council [3:34:33] members and and I'm already [3:34:33] Cavenagh and my wife Lynn and [3:34:34] we live here and lived here for [3:34:36] a long time and we are just [3:34:37] trying to do what's right for [3:34:41] the overall community here. [3:34:42] I was very disappointed to hear [3:34:43] the applicant's lawyer say that [3:34:46] they had reached out to us. [3:34:46] That is absolutely not true. [3:34:47] We have reached out to them [3:34:50] multiple multiple times And [3:34:51] what we have found is when they [3:34:52] finally did respond it was [3:34:55] bullying barely responsive, [3:34:56] basically saying they could do [3:35:00] whatever they want and that [3:35:01] basically that was that. [3:35:02] So not transparent at all. [3:35:06] We did engage some engineers to [3:35:06] look at this. [3:35:07] We went with one The engineer [3:35:11] had a difficult time because [3:35:11] the plans kept changing in fact [3:35:12] throughout this whole process [3:35:16] is not clear what the final [3:35:16] result is going to be which for [3:35:20] an engineer it makes it very [3:35:21] difficult to estimate [3:35:25] the accuracy of the plans and [3:35:26] how that will store it out. [3:35:26] We asked them about [3:35:30] the maintenance and that's of [3:35:31] course very important when [3:35:35] you're talking about situations [3:35:36] in which a drain can be [3:35:36] blocked. [3:35:37] Maintenance can be very [3:35:40] important and there is no [3:35:40] answer on that. [3:35:41] And now I begin to understand [3:35:44] with hearing from other [3:35:45] neighbors about the fact that [3:35:46] it's an issue if they have [3:35:49] the legal authority to act on [3:35:50] behalf of the whoever [3:35:53] the owners are which is not up [3:35:54] to us but we need to know that [3:35:59] there is some maintenance plan [3:35:59] for a complex set of drainage [3:36:04] designs such as this. [3:36:08] We need to see those new [3:36:09] additions. [3:36:13] We had not seen those shown by [3:36:14] the city city staffers [3:36:14] mentioned just now and with all [3:36:19] due respect, MR. LaCava, the if [3:36:23] I was a seeing a patient and [3:36:24] said here here's a new medicine [3:36:29] read this 20 pages of Plant ten [3:36:32] and decide right now if you [3:36:33] want to take this medicine that [3:36:33] would be malpractice. [3:36:37] So I think we need time to look [3:36:38] at what is proposed And I'm a [3:36:39] little worried when I see [3:36:42] the things that are proposed [3:36:43] because it all says to be [3:36:44] approved by the city engineer. [3:36:44] It's almost like we have to [3:36:47] approve the project and started [3:36:47] to be able to see what [3:36:52] the final plans are and then by [3:36:53] then it MAY be too late to know [3:36:53] if they're going to be adequate [3:36:57] for this situation. [3:36:57] So I think a continuance is [3:36:58] absolutely indicated so we can [3:37:03] address these issues and was as [3:37:04] raised by COUNCILMAN When [3:37:06] Schenck has the city engineer [3:37:07] weighed in on this as of yet? [3:37:08] I'd be pretty uncomfortable [3:37:12] kicking that down the road and [3:37:12] saying well they'll review it [3:37:13] and make sure everything is [3:37:16] okay by them. [3:37:17] We understand that the easement [3:37:21] versus the title that that's a [3:37:22] dispute that the city doesn't [3:37:26] want to get into But we think [3:37:27] it's very important And again [3:37:31] trying to approach [3:37:32] the applicants they've been [3:37:32] bullying and just say we [3:37:35] basically can do whatever we [3:37:36] want will tear out all your [3:37:37] bushes don't have to put it [3:37:37] back Now we understand that [3:37:40] that's not actually the case [3:37:40] either. [3:37:41] So we would request further [3:37:45] time to look at this further [3:37:45] analysis. [3:37:46] We MAY have to get [3:37:50] the engineers reengaged because [3:37:50] the plans keep changing and [3:37:55] they couldn't actually tell how [3:37:56] adequate it was. [3:37:56] But as you heard from [3:38:00] the attorney, a lot of serious [3:38:01] issues are raised just based on [3:38:01] the information that they had [3:38:05] provided to them very little by [3:38:05] the applicant other available [3:38:10] online So respectfully we would [3:38:11] ask that this be continued [3:38:11] because we think these are very [3:38:15] important issues and for [3:38:16] the good of this community they [3:38:19] need to be resolved before [3:38:20] proceeding with a very [3:38:21] substantial project such as [3:38:21] this. [3:38:27] Thank you. [3:38:28] Any other concluding remarks or [3:38:32] so some time on the clock? [3:38:33] >> If not we will If I would [3:38:37] like to give some concluding [3:38:38] remarks then cede whatever time [3:38:39] I have left to Bernie Siegel [3:38:42] That is a lot of your time is [3:38:42] running. [3:38:43] >> So All right. [3:38:43] Well, thank you. [3:38:47] Members of the council for our [3:38:47] hearing our hearing to hear in [3:38:51] our appeal today. [3:38:52] >> We believe that there are [3:38:52] substantive drainage issues and [3:38:55] legal questions surrounding [3:39:00] the applicant's ability to [3:39:01] perform this work in the public [3:39:02] right in the private right of [3:39:05] way as well as the applicant's [3:39:05] ability to control stormwater [3:39:06] runoff from the project site [3:39:10] Applicant's appellants stated [3:39:10] intent is a responsible [3:39:11] approval of this project [3:39:15] The protects downstream [3:39:15] properties while allowing [3:39:16] compliant drainage for design [3:39:16] design. [3:39:20] We are not in a we are not in [3:39:20] total objection to the project [3:39:24] we just have questions that [3:39:24] need answers. [3:39:25] There are gaps in the analysis [3:39:29] and the applicant has not been [3:39:30] able to answer those to our [3:39:30] satisfaction. [3:39:36] >> Thank you. [3:39:37] All right. [3:39:37] If you have very little time if [3:39:41] you'd like to come up there's [3:39:46] 30s that we have to continue. [3:39:46] Can you tell Bernard he only [3:39:50] has 30s so So that he knows I [3:39:55] believe that the count this [3:39:56] council does not have [3:40:00] jurisdiction to hear project [3:40:01] that's being proposed by MR. [3:40:04] Bush because he the owner of [3:40:05] record is still the limited [3:40:05] partnership which was [3:40:08] the original according to [3:40:09] the Internet original applicant [3:40:10] the named applicant in this [3:40:14] proceeding and MR. Fosh does [3:40:15] has nothing in writing that's [3:40:18] been displayed publicly to show [3:40:19] that he has authority to do any [3:40:20] of these things or file any [3:40:23] documents or speak on behalf of [3:40:24] the actual and the actual [3:40:27] members the six members Thank [3:40:28] you for showing any authority [3:40:29] your time has concluded sir. [3:40:29] Thank you for that concluding [3:40:32] remark. [3:40:38] >> All right now give [3:40:38] the applicant equal [3:40:39] opportunity. [3:40:43] >> Does the applicant want to [3:40:44] speak up for the records And [3:40:47] you have up to 15 minutes for [3:40:47] your presentation. [3:40:48] >> Thank you very much. [3:40:52] Council PRESIDENT LaCava and [3:40:53] distinguished Council members. [3:40:53] My name is Brian Will. [3:40:57] I'm the architect for [3:40:57] the Claymore subdivision along [3:40:58] with my business partner Andy [3:40:59] Fortune who was previously [3:41:04] mentioned. [3:41:04] I'll be brief What you're [3:41:09] looking at is a subdivision of [3:41:09] the proposed development as it [3:41:14] would appear within the fabric [3:41:14] of Illinois shores six new [3:41:15] custom homes on a four and a [3:41:18] half acre site each designed [3:41:19] with an argument home homeowner [3:41:23] who has been directly involved [3:41:24] in every stage of this project [3:41:24] from the concept through [3:41:28] permitting. [3:41:28] Admittedly these are six [3:41:33] gracious homes but in a [3:41:34] neighborhood surrounded by [3:41:38] gracious homes we're here today [3:41:38] on an appeal that centers [3:41:39] solely on the stormwater [3:41:39] drainage. [3:41:41] However, I'd like to briefly [3:41:42] walk through the projects [3:41:43] context and community history [3:41:47] before turning to the technical [3:41:47] question. [3:41:48] Next slide please. [3:41:51] This overhead view shows [3:41:51] the six proposed proposed lot [3:41:52] footprints in the context of [3:41:56] the surrounding neighborhood. [3:41:57] The site at the sits at the end [3:42:02] of Cadel Cielo from the North [3:42:02] and q four Scotter from [3:42:05] the west. [3:42:06] >> Each of the six lots has [3:42:06] been designed to be consistent [3:42:10] with the scale and character of [3:42:11] surrounding properties floor [3:42:12] area ratios across the project [3:42:15] range from 0.18 to 0.33 well [3:42:20] below the zoning code maximum [3:42:21] and within the range you see on [3:42:21] the neighboring parcels shown [3:42:25] on this plan all lots comply [3:42:26] with the applicable setback and [3:42:30] zoning requirements with no [3:42:30] zone, with no variances or [3:42:31] deviations requested. [3:42:35] This is not a developer driven [3:42:35] projects. [3:42:36] Six families came together to [3:42:39] form an llc so that they could [3:42:43] purchase this property Once six [3:42:44] parcels are created by this [3:42:48] action they can take individual [3:42:49] ownership but there's no other [3:42:49] way to do that besides to form [3:42:53] the llc Previously mentioned [3:42:54] every family at this table has [3:42:54] been personally involved in [3:42:57] this project for the past four [3:42:58] years. [3:42:58] That personal investment is [3:43:02] reflected in how this project [3:43:02] has been handled within [3:43:03] the community. [3:43:06] This project has attended not [3:43:10] less than seven community [3:43:11] community subcommittee and [3:43:15] local planning group meetings [3:43:16] culminating in unanimous [3:43:20] support from the local planning [3:43:20] group numerous one on one [3:43:24] meetings with neighbors [3:43:25] listening to their concerns, [3:43:25] incorporating suggestions and [3:43:29] making changes even after [3:43:30] receiving unanimous approval [3:43:34] from the planning condition [3:43:34] Commission, our team has [3:43:35] continued to work in good faith [3:43:39] with neighbors relocate a [3:43:40] swimming pool and increase [3:43:41] sound walls to address neighbor [3:43:44] noise concerns over ordinary [3:43:45] residential use offered to [3:43:49] voluntarily restrict [3:43:49] construction hours to minimize [3:43:50] disruption to neighbors and [3:43:54] drafting an easement to allow [3:43:54] one neighbor to continue [3:43:55] enjoying some encroaching [3:43:59] landscape on our property. [3:43:59] None of these items were [3:44:00] required as part of our [3:44:04] approval but necessary in my [3:44:05] client's eyes as to be good [3:44:09] neighbors. [3:44:09] The appeal before you today is [3:44:10] focused entirely on stormwater [3:44:10] drainage. [3:44:13] We have both our land use [3:44:14] attorney and our civil engineer [3:44:14] on hand to answer any technical [3:44:19] questions on the matter But let [3:44:19] me first orient you to our [3:44:20] drainage design. [3:44:23] >> Could I see the next slide? [3:44:28] >> The site drains from east to [3:44:28] west. [3:44:29] >> It's on the low lying slopes [3:44:32] in La Hoya Shores the three [3:44:33] lots in yellow and the majority [3:44:37] of the cul de sac drain to [3:44:38] the bayou basin at the top of [3:44:42] the page in orange the lower [3:44:42] three lots drain towards [3:44:48] the green bio base and and then [3:44:50] any access is routed underneath [3:44:50] q four scudder to the curb cut [3:44:51] that was previously a curb [3:44:52] outlet that was previously [3:44:57] mentioned. [3:44:58] >> The project approval already [3:44:59] carries a condition requiring [3:45:03] the stormwater system to be [3:45:03] designed by ministerial permit [3:45:07] to the satisfaction of the city [3:45:07] engineer. [3:45:08] You've heard today that [3:45:12] conditions were updating and [3:45:13] updated to specifically address [3:45:17] the items mentioned in [3:45:17] the appellants expert's memo [3:45:22] and we really just want to [3:45:23] thank staff for getting that [3:45:26] update done. [3:45:27] These are all items that really [3:45:31] reside in the ministerial [3:45:32] permits where technical [3:45:32] questions of calculations [3:45:36] should be answered. [3:45:36] >> Drainage has always moved [3:45:41] from East to west across [3:45:41] the site and now with this [3:45:42] project we finally have [3:45:45] the opportunity to improve it. [3:45:50] So council members we believe [3:45:51] the record before you clearly [3:45:51] supports the city's approval of [3:45:54] this project. [3:45:55] The stormwater system has been [3:45:56] designed to meet and exceed [3:46:00] applicable standards. [3:46:00] The community process has been [3:46:01] thorough and transparent. [3:46:04] Six families are ready to build [3:46:05] homes and become neighbors in [3:46:05] the community. [3:46:08] They clearly care about. [3:46:09] We respectfully ask that you [3:46:13] deny this appeal and affirm [3:46:14] the Planning Commission's [3:46:14] approval before our time [3:46:15] expires. [3:46:18] I would like to introduce one [3:46:19] of the six families whose home [3:46:19] depends on your decision today. [3:46:23] Natasha Alice, a future [3:46:28] homeowner at Cielo Mart. [3:46:28] >> Thank you. [3:46:29] Good afternoon. [3:46:32] PRESIDENT LaCava and everybody [3:46:33] else The council members thank [3:46:34] you for your time. [3:46:38] Like Brian mentioned my name is [3:46:38] Natasha Ellis. [3:46:42] I'm one of the six families I [3:46:42] currently occupy. [3:46:46] Our home is on the same street [3:46:47] as the development where we're [3:46:48] trying to build all of our [3:46:52] future homes. [3:46:53] We have been painstakingly [3:46:56] working on this project for [3:46:56] nearly four years and we just [3:46:57] are looking to build a home [3:47:01] where all of our children can [3:47:01] grow up. [3:47:02] We actually all our friends all [3:47:05] of us six families So I can [3:47:05] confirm that we are not [3:47:06] developers. [3:47:09] We're actually part of [3:47:10] the community and we are [3:47:14] families along with the five [3:47:14] other applicants. [3:47:15] We started this process with [3:47:16] the commitment that we would [3:47:18] work with and all city [3:47:18] requirements not push [3:47:19] the envelope, respect our [3:47:19] neighbors and the neighborhood [3:47:23] that we love along with [3:47:23] the city regulations. [3:47:28] That's exactly what we feel [3:47:28] that we have done. [3:47:29] We have incorporated input. [3:47:32] We heard along this journey [3:47:32] both from neighbors, [3:47:33] professional engineers and [3:47:34] technical experts as well as [3:47:37] city staff. [3:47:38] On behalf of all of [3:47:38] the families. [3:47:39] I would like to thank the city [3:47:41] staff for their detailed review [3:47:42] and we appreciate their [3:47:43] diligence and feedback. [3:47:46] All of that help earned [3:47:47] the support of our Communities [3:47:47] Planning Association and [3:47:51] the Planning Commission. [3:47:52] There is still a ways to go as [3:47:53] the next level of fine details [3:47:56] are part of the ministerial [3:47:57] process where city staff [3:47:57] experts continue to ensure that [3:48:01] our plans fully comply with [3:48:02] the technical and building [3:48:03] regulations and we can continue [3:48:06] to have dialog with our [3:48:07] neighbors along the way we [3:48:08] respect We respectfully request [3:48:12] that you deny the appeal so [3:48:12] that we can move forward [3:48:13] through the ministerial process [3:48:16] and eventually occupy our [3:48:16] family homes. [3:48:17] Thank you again to city staff [3:48:20] and thank you Council members [3:48:21] for your thoughtful [3:48:21] consideration. [3:48:22] And Chandra wanted to have a [3:48:25] few words. [3:48:25] Thank you. [3:48:26] Thank you, Natasha. [3:48:26] Thank you. [3:48:30] I just wanted to respectfully [3:48:31] add for the record that we have [3:48:35] been waiting since DECEMBER to [3:48:35] hear back from the cabinets on [3:48:39] our grading design and [3:48:40] stormwater and so forth. [3:48:41] We have been willing and able [3:48:45] to work with them. [3:48:46] Again, this is why we have our [3:48:49] civil engineer here today and [3:48:50] we only received their comments [3:48:50] a few days ago. [3:48:54] Again I want to hand it to [3:48:55] staff for working with us to [3:48:58] address even what they recently [3:48:59] brought up. [3:49:00] So just wanted to let you know [3:49:00] put that in the record and [3:49:06] thank you again for your time. [3:49:07] >> Good afternoon. [3:49:12] City Council members. [3:49:13] My name is Lee Anderson of [3:49:13] Honest and Linen Corn. [3:49:14] I'm the attorney for [3:49:16] the applicant. [3:49:17] I first of all to reiterate [3:49:21] what MS.. [3:49:21] Slaven said. [3:49:22] We've been asking for [3:49:26] the comments of the civil [3:49:27] engineer for the Cavanaugh's [3:49:31] actually for over a year and we [3:49:32] just barely got them less than [3:49:36] a week ago. [3:49:36] >> So you know the request to [3:49:40] continue this hearing to to [3:49:40] consider those comments it just [3:49:41] seems like a predicament that [3:49:45] they put themselves in and they [3:49:49] shouldn't be able to delay us [3:49:49] through those kinds of tactics. [3:49:54] I also want to just very [3:49:54] quickly address the property [3:49:55] rights issue. [3:49:59] There was a deed granted on MAY [3:50:02] 13th, 1949 that granted [3:50:07] the parcel that is now called q [3:50:08] Frisco to two of the five [3:50:11] adjacent property owners which [3:50:12] include the predecessor to [3:50:16] the applicant and that property [3:50:17] was granted quote subject to [3:50:21] the right of each and every [3:50:22] grantee in this deed and their [3:50:26] successors and assigns. [3:50:27] And then skipping ahead a [3:50:31] little bit to use that property [3:50:31] for the installation repair and [3:50:32] replacement of public utilities [3:50:36] and then it goes on to say said [3:50:37] rights of said grantees are for [3:50:41] the benefit of and are [3:50:41] pertinent to the respective [3:50:45] parcels of land now owned by [3:50:46] said grantees and immediately [3:50:47] adjoining the above described [3:50:51] strip strip of land. [3:50:51] So the these are rights that [3:50:52] were granted to our clients [3:50:56] predecessor or it was intended [3:50:57] to be a private street for [3:51:00] ingress and egress and also for [3:51:01] utilities to run under [3:51:05] the street and it gave and [3:51:05] that's an easement whether it [3:51:09] uses the term easement or not. [3:51:10] But regardless the document is [3:51:11] very clear that it gives each [3:51:14] of the adjacent parcels [3:51:18] the right to tap into public [3:51:19] utilities through that street. [3:51:20] I don't think they're going to [3:51:23] be any question about that. [3:51:24] The document was reviewed by [3:51:25] not only staff but also that [3:51:27] the city attorney's office and [3:51:32] found sufficient. [3:51:33] You know, it's really a [3:51:37] specious argument that [3:51:37] the opponents have raised. [3:51:38] But to the extent it does have [3:51:42] any merit, that's a private [3:51:43] matter As a staff said in his [3:51:47] presentation with that we're [3:51:48] available for any questions I'm [3:51:48] not going to address point by [3:51:51] point everything that's been [3:51:52] brought out. [3:51:52] There were a lot of things [3:51:53] brought up that are outside far [3:51:57] outside any of the issues that [3:51:57] were properly raised in [3:51:58] the appeal. [3:52:01] Questions about design and [3:52:02] questions about noise. [3:52:02] Those kinds of things. [3:52:06] But we're happy to answer [3:52:07] questions either myself or [3:52:07] the appropriate member of [3:52:11] the team if there are questions [3:52:12] and further discussion is [3:52:14] desired on any of those points. [3:52:19] >> Thank you. [3:52:19] >> All right. [3:52:24] So that closes the applicant to [3:52:25] the great. [3:52:25] I have questions for [3:52:26] the applicant or the appellant [3:52:26] or my colleagues. [3:52:31] Do you can be called up. [3:52:32] So this is in district one. [3:52:37] So as we traditionally do I'll [3:52:41] take the lead on this and I'm [3:52:42] going to ask my colleagues to [3:52:43] bear with me on this as we kind [3:52:46] of delve into the issues. [3:52:47] When I was a baby engineer, my [3:52:51] boss at that time told me make [3:52:52] it easy for the decision maker [3:52:55] in a way I can successfully say [3:52:56] that neither side has done [3:52:56] that. [3:53:00] So I've taken a lot of notes [3:53:01] during the course of [3:53:01] the testimony by all [3:53:05] the parties. [3:53:06] So when you see me scrambling [3:53:06] between my computer and my [3:53:10] written notes you'll understand [3:53:10] why. [3:53:11] So I'm going to start out with [3:53:12] the typical preamble as I do [3:53:14] when I hear an appeal. [3:53:15] I want to thank city staff. [3:53:19] I want to thank the appellant. [3:53:20] I want to thank the applicant [3:53:20] for your presentations. [3:53:21] I want to thank those who took [3:53:24] the time to come down or spoke [3:53:25] online or submitted comments [3:53:25] online. [3:53:29] I've reviewed the material [3:53:30] attached to the docket as well [3:53:30] as the public comments [3:53:31] submitted online. [3:53:34] Listen to the presentation sent [3:53:35] by staff by appellant, by [3:53:36] the applicant and comments by [3:53:39] the public. [3:53:40] i'm going to state the obvious [3:53:41] I'm not going to make a motion [3:53:44] for continuance. [3:53:45] I don't understand why people [3:53:46] didn't get that when we didn't [3:53:46] do that at the get go. [3:53:52] But in case there was any doubt [3:53:53] . [3:53:53] So here's the kind of things [3:53:57] that have been raised that I [3:53:57] don't find relevant to [3:53:58] the decision in front of us [3:54:02] today. [3:54:02] One of them is the 1949 [3:54:03] granted. [3:54:06] Now staff has their [3:54:07] interpretation about that. [3:54:12] >> I believe that the grant [3:54:12] deed is a matter between [3:54:13] the two parties to arbitrate [3:54:14] among themselves in [3:54:16] the affected parties [3:54:21] the whether the development has [3:54:22] the right to enter into that or [3:54:22] not. [3:54:23] I don't think relevant in my [3:54:23] decision. [3:54:26] That is the risk that [3:54:29] the applicant is taking in this [3:54:34] conversation. [3:54:34] The other element that I feel [3:54:39] kind of compelled to talk about [3:54:39] bear with me. [3:54:44] Like I said, I'm bouncing a [3:54:44] little bit between all [3:54:48] the comments things that okay [3:54:49] staff included the applicant's [3:54:53] rendering and its presentation [3:54:53] . [3:54:54] I find the rubber not a true [3:54:58] representation of [3:54:58] the neighborhood. [3:54:59] The assurance community has a [3:55:02] long history with project [3:55:03] renderings given its unique [3:55:03] residential zoning. [3:55:04] Sometimes it makes the project [3:55:07] look larger, look smaller, [3:55:08] blending in. [3:55:08] And for the record I'm not [3:55:11] relying on the rendering and my [3:55:12] review of the project documents [3:55:13] or as part of this afternoon's [3:55:17] discussion. [3:55:18] >> a lot of reasons sort of [3:55:18] rendering said okay one thing [3:55:21] that the applicant raised and [3:55:22] actually the applicant raised [3:55:25] that I kind of had a question [3:55:26] about this is for staff [3:55:30] the ownership disclosure Who [3:55:31] owns this property? [3:55:32] I have to make a decision [3:55:32] whether I have a conflict of [3:55:36] interest, whether anybody has [3:55:37] given me a campaign donation [3:55:39] and my 2024 campaign who owns [3:55:40] the property? [3:55:44] >> Who are the legal owners [3:55:44] With all due respect. [3:55:45] Yes, Thank you. [3:55:49] I need a few minutes to look [3:55:53] for the application but I have [3:55:54] that. [3:55:54] Oh, I'm sorry. [3:55:58] I have the permit to draft here [3:55:58] . [3:56:07] >> So it's Salem or La Hoya. [3:56:08] >> Limited Liability company is [3:56:12] the owner of record. [3:56:12] >> Okay. [3:56:13] I'm used to disclosure of [3:56:17] individuals that are part of [3:56:21] that ownership and I'm hearing [3:56:22] that there are six or maybe [3:56:26] seven owners. [3:56:27] One of them is here today. [3:56:30] I have here Scott Sinnott as [3:56:31] the owner committee. [3:56:31] >> Okay. [3:56:35] I came in here thinking that he [3:56:36] was the sole owner. [3:56:44] He's not the sole owner Before [3:56:45] this is over can you give me a [3:56:46] list to make sure that I don't [3:56:50] have a conflict? [3:56:51] Council Member My name is [3:56:51] Christian Niles. [3:56:55] I am one of the owners of out [3:56:56] of Lot three on lot on [3:57:00] the proposed lot two We have [3:57:00] scouts in it on the proposed [3:57:04] lot one we have Adrian Diaz on [3:57:05] the proposed lot for Webb [3:57:10] Barbara Santiago Sula, Capell [3:57:11] and Lot five We have Charlie [3:57:14] and Charlie and Race and a lot [3:57:15] six We had David and Natalia [3:57:15] Bond. [3:57:18] >> Okay thank you for [3:57:19] disclosing that. [3:57:20] I don't recognize any of those [3:57:20] names. [3:57:21] I feel confident that I don't [3:57:23] have a conflict or that none of [3:57:24] them gave me a campaign [3:57:28] contribution as far as I can [3:57:29] remember back in 2024 I wasn't [3:57:37] so hard wasn't the okay those [3:57:42] were the harder questions. [3:57:46] Okay. [3:57:47] So as I read through all [3:57:54] the material over this weekend [3:57:54] ,I will say there's been [3:57:55] important issues raised by [3:57:59] the appellant and I'm also [3:58:00] encouraged that the appellant [3:58:01] has narrowly targeted their [3:58:03] focus especially in their [3:58:04] letter of MAY 14th And while [3:58:05] the language he appellant [3:58:09] offered is not necessarily [3:58:10] appropriate for permit [3:58:10] conditions, I thought the tone [3:58:11] of the scope resonate with me [3:58:14] So I don't know about your [3:58:15] consultants but I was able to [3:58:17] read the thing in one day and [3:58:18] figure out what they were [3:58:18] talking about and understood [3:58:22] the issues that were at risk. [3:58:23] >> So I worked Some days maybe [3:58:27] your consultants don't. [3:58:28] I was also equally encouraged [3:58:32] by the applicant's response in [3:58:33] an undated response to [3:58:33] the appeal as well as [3:58:37] information that was in their [3:58:38] slide deck which is attached to [3:58:41] that but was not actually used [3:58:42] . [3:58:42] So one of the questions I want [3:58:46] to ask to the applicant one of [3:58:47] the things that showed up in [3:58:50] your slide deck on Slide six [3:58:51] was indicating that you would [3:58:52] be securing letters of [3:58:56] permission from the property [3:59:00] owners along first going out. [3:59:01] That is an important change to [3:59:10] me is that but we have property [3:59:10] rights to That's not what I'm [3:59:15] asking sir in your presentation [3:59:19] Slide six indicate that you [3:59:20] would be securing letters of [3:59:21] permission by the people who [3:59:26] live along that street. [3:59:27] Yes. [3:59:31] Slide six was prepared by [3:59:32] the appellant is what I'm being [3:59:32] told. [3:59:36] Yeah we didn't have a six slide [3:59:44] so not you didn't show on today [3:59:44] . [3:59:45] Can you bring up the PowerPoint [3:59:50] for us The we are the applicant [3:59:51] PowerPoint so I can that way I [3:59:51] can better understand which [3:59:54] slide you're referring to and [3:59:56] then I'm happy to address it [4:00:11] and you help them go back. [4:00:19] One of you almost had it There [4:00:19] it is. [4:00:24] This slide was not part of our [4:00:24] formal presentation. [4:00:25] We had it as a back up slide [4:00:28] Should any questions arise. [4:00:29] Okay it's back up material [4:00:33] attached to this item prepared [4:00:33] now acknowledged by you. [4:00:34] Correct. [4:00:38] So what am I to make of this [4:00:39] Because this is this is kind of [4:00:39] a big deal. [4:00:43] >> It is And can you please [4:00:44] repeat your question? [4:00:47] >> So this slide as part of [4:00:48] the slide deck that you [4:00:48] submitted to the city as backup [4:00:52] as material for this item shows [4:00:53] that for each of the lots [4:00:57] adjoining you're indicating an [4:00:59] intent to secure letters of [4:01:05] permission. [4:01:06] PRESIDENT LaCava That that's [4:01:06] not the case. [4:01:10] We have an easement over okay [4:01:11] I'm not asking that question. [4:01:15] So so the easement allows us to [4:01:15] proceed without occasion. [4:01:16] Again, that's not the question [4:01:17] I'm asking. [4:01:19] I'm asking about you submitted [4:01:20] this slide for which I was very [4:01:25] excited about because that [4:01:25] would show that there was some [4:01:29] meeting of the minds. [4:01:30] >> So you're telling me that [4:01:33] that was a false smell At [4:01:34] the moment we're going to have [4:01:39] our civil engineer Dan Valdes [4:01:39] come speak to this slide. [4:01:40] >> Okay. [4:01:40] Hello. [4:01:44] Thank you, Daniel Valdez, [4:01:45] coffee engineering engineer. [4:01:48] I've worked for the project. [4:01:49] A little bit of background [4:01:50] history behind this slide. [4:01:53] The intention of this slide [4:01:53] wasn't to show letters of [4:01:54] permission issues. [4:01:58] It was intended to show [4:01:59] the plan along here First go to [4:02:02] the call outs for letters of [4:02:07] permission which have blanks [4:02:07] They you know, don't reflect [4:02:08] any letters of commission that [4:02:12] have actually been obtained. [4:02:13] Yeah, they were added to this [4:02:17] sheet was a part of [4:02:17] the ministerial grading plan [4:02:22] that has not yet been approved. [4:02:22] It's currently in review with [4:02:26] the city engineering staff. [4:02:27] The addition of those call outs [4:02:28] was in response to a comment [4:02:31] that we needed to get letters [4:02:32] of permission so it was added [4:02:35] to a to address a comment. [4:02:36] But as the review process [4:02:40] proceeded our attorney [4:02:41] determined that we did not need [4:02:45] to get letters of permission So [4:02:46] the final plans will not have [4:02:52] that call out. [4:02:52] You realize how difficult that [4:02:53] makes it for me because now I [4:02:54] begin to question everything [4:02:57] you've put out there, right? [4:02:58] This is part of the ministerial [4:03:01] set the ministerial set to get [4:03:02] secure grading plans. [4:03:02] >> Correct. [4:03:06] But until the discretionary [4:03:07] approval comes through no [4:03:07] ministerial plans will be [4:03:08] approved. [4:03:12] No, I understand that but it's [4:03:12] a message to me. [4:03:13] I understand that. [4:03:17] I understand the impression [4:03:17] that you MAY have gotten you [4:03:18] don't have up here to provide [4:03:19] some clarification on what it [4:03:22] does You're looking at it. [4:03:22] Yeah. [4:03:23] So I'm a civil engineer so I [4:03:25] know exactly what I'm looking [4:03:26] at But so this is a false [4:03:27] representation of what your [4:03:30] intention is going forward. [4:03:31] It's not a current [4:03:35] representation. [4:03:40] I won't argue the words. [4:03:40] >> That's too bad. [4:03:41] I thought that was a pretty big [4:03:44] step forward So let me see if [4:03:46] there's anything else that we [4:03:52] can dance around. [4:03:53] So one of the things that as I [4:03:57] mentioned was that especially [4:04:02] for my colleagues into staff [4:04:03] that I struggle with it like [4:04:04] you said, I think some of [4:04:04] the issues raised by [4:04:06] the appellant actually were on [4:04:07] point And the challenge is that [4:04:11] it's somewhat ironically it is [4:04:12] that during the discretionary [4:04:13] review process neighbors [4:04:17] actually have access to more [4:04:17] information than [4:04:21] the ministerial process When if [4:04:22] this project were to be [4:04:22] approved we'd be going through [4:04:26] grading construction or [4:04:27] building permits because [4:04:28] everything kind of closes in at [4:04:31] that time. [4:04:31] So that presented a little bit [4:04:32] of a quandary to me because I [4:04:35] think the issues raised that [4:04:36] you MAY in good faith [4:04:37] understand everything they're [4:04:41] saying and actually actually [4:04:41] comply with everything that [4:04:45] they're asking for which is [4:04:46] actually just convince us that [4:04:46] the design that you have [4:04:50] actually works which is I think [4:04:55] quite a gross simplification of [4:04:55] course. [4:04:56] But I think at the end of [4:04:57] the day that's what they're [4:04:57] saying Now some of the other [4:05:00] folks that spoke have bigger [4:05:01] issues with the project but I [4:05:05] think the appellant really [4:05:06] narrowed down just saying we [4:05:06] can't figure out your plan. [4:05:10] The plan changing quite evident [4:05:14] from the exchange We just had [4:05:15] And so they're getting kind of [4:05:15] nervous and I've done [4:05:19] discretionary permits where you [4:05:20] have not done everything to a [4:05:23] position that you do during [4:05:24] construction documents going [4:05:24] forward. [4:05:28] So I started thinking of a [4:05:32] number of ideas about how to [4:05:33] address that. [4:05:34] I exchanged some conversations [4:05:38] with staff and with the city [4:05:39] attorney's office because I [4:05:43] believe in having my ideas [4:05:44] valid. [4:05:44] And so while I am [4:05:48] extraordinarily frustrated by [4:05:49] the conversations that we've [4:05:53] had today and in this [4:05:54] particular hearing at the end [4:05:54] of the day this is not about my [4:05:59] frustration and [4:05:59] misrepresentations a slight but [4:06:03] whether at the end of the day [4:06:04] that I can make the findings or [4:06:05] not worth what the project [4:06:09] actually is and I was very [4:06:14] close to it no but working with [4:06:14] staff and the city attorney's [4:06:21] office I found that with their [4:06:22] very detailed changes in [4:06:27] the conditions of approval that [4:06:32] I can get their. [4:06:32] So with the city attorney stand [4:06:37] ready to correct my language [4:06:37] because sometimes I get it [4:06:38] wrong. [4:06:38] But the two new conditions that [4:06:42] have been added and the four [4:06:43] modifications that strengthen [4:06:47] the permit I am able to make [4:06:48] findings before I go to [4:06:48] the motion. [4:06:52] I do appreciate the other [4:06:53] issues that were raised by [4:06:53] the other testimony [4:06:54] the neighbors, the community as [4:06:57] a whole. [4:06:58] I do note or I did note that [4:07:01] the pto advisory board voted [4:07:02] five zero to oppose the project [4:07:03] but didn't give me [4:07:03] the specifics by which I could [4:07:07] actually take them into [4:07:07] account. [4:07:11] The cpa was not unanimous but [4:07:12] it did vote seven four to [4:07:13] support the project and [4:07:16] the planning Commission as was [4:07:17] noted also supported [4:07:20] the project five zero And with [4:07:25] due respect to the community [4:07:26] members I did not file find [4:07:27] that the testimony rose to [4:07:30] the level Overturning [4:07:31] the action quite a bit was made [4:07:31] of who the owners are. [4:07:35] We actually got that answer in [4:07:36] this afternoon's conversation. [4:07:40] So with that I move the staff [4:07:41] recommendation with [4:07:41] the amendments to permit [4:07:46] conditions 25, 26, 31 and 45 [4:07:51] and the addition of a new [4:07:51] tentative map condition 28 and [4:07:55] permit condition 15 as shown in [4:07:56] the staff presentation and that [4:08:00] will conclude my comments. [4:08:01] I'll turn over to my colleagues [4:08:01] looking for a second and [4:08:04] certainly a any questions or [4:08:09] comments you might have. [4:08:11] >> >> Council PRESIDENT Pro Tem [4:08:16] Let all have for a second [4:08:16] the motion. [4:08:16] All right. [4:08:18] We have a second and I don't [4:08:19] see anybody else on the lights [4:08:25] the slide up there does right? [4:08:25] Oh the other part was directing [4:08:26] the city attorney to prepare [4:08:28] the appropriate resolutions [4:08:29] according to section 40 of [4:08:29] the city charter. [4:08:33] So without any other comments [4:08:34] or questions by my colleagues [4:08:39] again I'll thank staff the City [4:08:39] Attorney's office, [4:08:45] the appellant for the work they [4:08:46] put in and the committee [4:08:46] members this time to show up as [4:08:47] well as the applicant In [4:08:49] answering my questions And with [4:08:53] that I'll call for the vote I'm [4:08:54] sorry the voting system Please [4:09:04] cast your vote That does pass [4:09:05] unanimously 7 to 0 with council [4:09:09] member Elio Rivera and [4:09:10] Councilmember Von Wilpert [4:09:10] absent. [4:09:10] >> Thank you. [4:09:11] All right. [4:09:15] Thank you and everyone to wrap [4:09:15] up this afternoon's meeting, [4:09:16] does the attorney city attorney [4:09:19] have anything to report out [4:09:20] from yesterday's closed [4:09:20] session? [4:09:21] >> There's nothing to report [4:09:21] out from closed session. [4:09:25] Okay. [4:09:26] That was necessary because we [4:09:26] adjourn the afternoon In [4:09:30] the evening session we will now [4:09:31] adjourn council to the special [4:09:32] council meeting on Wednesday, [4:09:34] MAY 20th, 2026 at 9 A.M..