, you
and I and
.
>> All right.
Good morning everyone.
I will now call the city
council meeting of Tuesday JULY
7th, 2026 to order the clerk
please call the roll.
Thank you.
Council PRESIDENT Council
member Campbell Council member
Whitburn here Council Member
Foster here Council Member Von
Wilpert Council PRESIDENT Pro
Tem Lee Council Member Campos
here Council Member Moreno
Present Council Member Eli
Rivera and Council PRESIDENT
LaCava present Also taking
the meeting our Chief Deputy
City Attorney Cory New for
independent budget analyst
Charles Monica and myself for
City clerk Diana Fuentes Thank
you Council PRESIDENT All right
thank you MADAM City Clerk
acquirements now present we
will begin this morning with
the land acknowledgment and
the Pledge of Allegiance led by
council member Campbell please
stand if you're able.
We respectfully acknowledge
that the nation are
the original inhabitants of
the Unceded land now known as
San Diego.
Despite enduring the horrors of
genocide and colonization,
the community spirit remains
unbroken.
We honor the resilience of
their ancestors who fought to
protect their culture and land
And today they carry their
legacy forward ensuring that
their traditions continue to
thrive in gratitude and
strength.
We stand with the culmination
connected to our past and
committed to a thriving future.
Please raise the flag and put
your right hand over your
heart.
>> I pledge allegiance to
the flag of the United States
of America and to a republic
for which it stands one nation
under GOD, indivisible with
liberty and justice for all.
>> All right.
So the clerk please go over how
the public can offer their
testimony.
>> Thank you.
Council PRESIDENT I'd like to
highlight the slide on
the screen that reviews how
the public can offer their
public testimony during today's
meeting.
Please note the time
allocations for proclamations
and consent items for meeting
management purposes The order
can be found at the agenda
Summary online or at the table
in the back of the room.
If you are in person please
complete the speakers live Look
at the entrance of chambers and
bring it to the front of
the room.
There have been no organized
presentations submitted for
this morning session and
council ambassadors are
available near the entrance of
chambers and can assist with
questions and speakers lips No
further in-person testimony
will be taken once the Council
begins virtual testimony.
Thank you, Council PRESIDENT
All right.
Thank you.
City Clerk And as a reminder
this is actually day two of our
implementation of new public
comment rules under state Bill
707 yesterday seem to have gone
very well.
There seems to be all
indications that they will go
well as well And as a friendly
reminder when you're speaking
to a docket item please focus
your comments on that item not
an agenda Public comment is
your opportunity to speak more
broadly about anything under
the city of San Diego Purview.
So with that we will now
dispense with the approval of
the proclamation item.
>> Please proceed with public
comment.
Thank you.
Council PRESIDENT.
The public comment period for
proclamation items is now open
.
Each speaker will have one
minute per item per person.
If you'd like to speak on three
or more items there's only one
item on the agenda You would
have a maximum of three
minutes.
Those participating virtually
that are part please be sure to
submit to raise your hand now
if you were wanting to speak on
proclamations we did not
receive any comments.
Floyd Johnson If you can please
come forward after that will be
allegedly order You'll be
speaking on item s5a1ta Turner
Day Floyd Well I'm here on
behalf of c Attorney.
She's setting out some
acknowledgments today and I
just want to say that I'm very
happy to be a part of her life
and have her be a part of mine.
I've known her for years when I
first worked for the city when
i was fresh out of high school
she was my supervisor very
energetic, very chatty, tactful
.
You know, she has a lot of
gumption, you know, very
encouraging.
You know, she kind of like took
me under her wing and like
treated me like a little
brother.
So I'm just happy to be here.
On behalf of her accepting her
award which she earned very,
very much.
And that's all I got to say.
>> Have a good day.
Thank you.
Allegedly I don't If you can
please come forward actually
thought it said Tina Turner
first when I realized she's not
here anymore.
>> My problem is when you guys
do proclamations and I'm always
going to say this is that it's
just sad that there's things
that just get brushed under
the rug that we don't talk
about like different murders
and rapes that are happening at
the parks and recreations And
you know we can appreciate
these people but then it's like
if we don't acknowledge
the things that are taking
place there at different parks
throughout the city and you
guys, you know, don't consent
great on making them safer and
putting lights and things like
that that I feel like you know,
we need to acknowledge those
things and instead of, you
know, pretending like they
don't happen because we're you
know, supporting somebody which
is great But at the same time I
just feel like like with Tent
City, you know, all these
things get brushed under
the rug and it's very
disturbing to me That does
include proclamations here in
council chambers going to those
participating remotely starting
with Francine Maxwell If you
can please unmute Francine
Maxwell Southeastern San Diego
well deserved proclamation for
City where she has exemplified
black excellence working for
the city of San Diego No matter
how much she went to leadership
and shared what was happening
especially under the Chief Race
Inequity office when we had it
now with under the idea with
the executive director none of
the things that Tia brought
forward has changed over
the years.
But she persevered.
She continue to teach Her
programing was second to none.
This is such a great day for
her to receive a proclamation
in the city of San Diego.
The eight largest city because
of what she had to endure in
the eighth largest city working
with parking Rick and she was
blessed to get a transfer and
she went and finished what she
needed to do.
We are excited for her next
chapter and it's been a
privilege to watch and learn
what things could be in this
city.
Thank you.
Next is Peggy Walker.
>> If you can please unmute I'm
sorry I didn't mean to raise my
hand.
>> Blair Beckman If you can
please unmute by Blair Beckman.
When I saw this proclamation it
seemed kind of interesting.
i was hoping someone like
Francine Maxwell would approve
public comment and she has now
have a history and
understanding of this person
and it sounds like she's done
good work a lot of good work
over the years.
So many years So
congratulations to her work in
life and what she'll be doing
next.
Thank you.
>> Thank you.
That concludes public comment
on the proclamation items.
All right.
Thank you.
City Clerk.
And with that I'll turn over to
council members for questions.
Comments and entertain a motion
and we'll start with Council
member Foster Yes, Thank you
Council PRESIDENT And I would
like to provide comments for
item as I'm sorry for item 32
your Turner Day today I'm proud
to join the mayor in
recognizing Ted Turner for more
than 38 years of dedicated
service to the city of San
Diego throughout her career to
exemplify public service by
showing up for residents
building relationships and
creating programs that brought
families and communities
together through parks and
recreation to serve communities
across every single council
district and worked at
recreation recreation centers
throughout San Diego including
Paradise Hills Skyline Hills,
Martin Luther King Jr, Linda
Vista, Scripps Ranch, Miramar
Isa, La Hoya, Tierra Santa and
many others to help bring
meaningful programs and events
to life including the first
annual Juneteenth Festival at
Skyline Hills Recreation Center
the first Cackle Barry Festival
nighttime egg hunt at Tears
down a recreation center in
summer meal programing for
children and families.
She also stepped up to critical
moments including helping set
up Scripps Ranch Recreation
Center to support fema
operations during the Cedar
Fire some years ago.
Tia's impact can be seen in
the programs she helped lead
and the community partnership
she built among city
departments, schools, community
organizations, public officials
and neighborhood stakeholders.
While her service reached
across San Diego, Tia has
always remained rooted in
Council District four as a
lifelong resident and Lincoln
Park homeowner a proud Lincoln
High School graduate and
the parent of two Lincoln
graduates.
Tia your legacy will live in
the lasting difference you have
made in the lives of San Diego
residents especially
the families and communities of
District four.
Thank you for all you have done
for our community and I wish
you the very best in retirement
.
>> Three If you would like to
say a few words please.
Well well first given that I
could go and to you because you
guys help I run Amazing city I
in my heart is for I don't I
don't know what to say I don't
have the words to express how I
feel I'm just grateful that I
received a job with the city
and I got to work 38 years and
I'm thankful for everything and
I don't have any words.
>> I'm just grateful.
Thank you so to you thank you
for those words.
>> And again just on behalf of
District four, just thank you
for everything that you have
done for our community.
I know as you retire you will
not be going anywhere.
We will see you actively
throughout the district and
the community.
So thank you for everything
that you have done And so with
that council PRESIDENT I move
our proclamations or
proclamation sorry for we have
a motion by Councilmember
Foster to move the proclamation
and will go to council member
Ella Oh actually for the record
that was item s501 but we have
a motion by council member
Foster to move as 5 or 1 and we
will go next to council member
Ella Rivera Thank you Council
PRESIDENT I wanted to Second
Councilmember Foster's motion
and express my gratitude as
well to MS. Turner for her
service to the City
Councilmember Foster said it
very, very well but I just one
wanted to say thank you for
your service to the Mid-City
Community City Heights Rec
Center, Mid-City Gym and
Mid-City Police Station and
then you know I was listening
to your comments here and you
said you got to have a job for
38 years.
You earned the job and you kept
the job because you were doing
incredible work and
the gratitude that you
expressed here just know that
it's it's right back at you.
38 years is an incredible
amount of time to dedicate to
the city And I was thinking
about some of the programs that
were named that you helped
support and those are you
helped create lifelong memories
for folks.
And when our city staff pours
love and our parks and rec
centers it has such an
incredible impact on
communities.
I know you know that But
the young people who grow up
there and will always remember
fondly the experiences they had
the seniors who felt by and by
and connection there.
It's just really, really
important work And so thank you
and just know that you are
grateful and we are grateful
for your service.
>> Thank you.
All right.
Thank you, Council members.
So again, we have a motion by
Councilmember Foster and
the second by council member
Eli Rivera to move
the proclamation item.
We'll go next to council member
Autumn Walbert.
Thank you very much.
And I would also want to thank
you for your service to our
community.
I mean the Parks and Rec
Department provided joy to our
city which is such a huge part
of a city.
You know we can build roads, we
can have public safety but if
you can't provide community
it's not a city.
And so thank you for all you've
done.
I really appreciate you.
And on behalf of the residents
subscription and in particular
you know my family went through
the Cedar Fire and I know how
hard you worked to keep the rec
center to be a place of refuge,
be a place where the community
could get information.
You know, I've been told many,
many stories about people
sitting down and being told to
call their home voicemails to
see if it picked up and if it
didn't pick up that meant their
house had burned.
So I just just know that we so
appreciate the over arching
dedication you had to our
community.
Congratulations on your
retirement.
Thank you for your service on
the Municipal Employees
Association Board as well.
You're not only helped our
city, you've helped other
people And so thank you for
everything and congratulations
on your retirement.
Don't be a stranger any time.
>> Thank you.
All right.
And Councilmember Yvonne
Wolpert not see anybody else in
the lights.
I'll add my thanks.
Thank you for taking a job with
the city.
Thank you for believing in
the city and giving everything
that is what a public servant
is all about.
So we are very blessed to have
had you and this is a small
token of our opportunity to say
thank you with this
proclamation And that's that's
what we're talking about this
morning.
So thank you and wish you
the very best on your
retirement.
So with that again we have a
motion by Council member Foster
a second by council member Eli
Rivera.
Please call the vote As far as
voting system please cast your
vote And that passes
unanimously 9 to 0.
Thank you Council PRESIDENT All
right.
Thank you.
With that we will now pause for
a photo.
This is the time to come on up
into the pit and
all right with that, we will
now proceed with the approval
of the consent item.
So first, are there any
requests to pull an item by
the council Not seen any
request Clerk Please proceed
with public comment on
the consent item.
Thank you.
Council PRESIDENT Please.
Now each speaker will have one
minute per item per person if
you would like to speak on
three or more items you'll have
a maximum of three minutes.
Those participating virtually
Please be sure to raise your
hand at this time if you would
like to be in the virtual queue
for consent items.
We did receive one comment in
opposition to item 100 v r e
comment form which have been
distributed to the Council also
let me note for the record
the potential re appointments
that are on the agenda this
morning.
Item 103 is the potential
reappointment of Antoinette
Alioto, Gwen Marie Hillery,
Jacqueline Jackson and William
Pittman to the Seniors Affairs
Advisory Board of Maximillian
Schmidt And allegedly Audrey
can please come forward to
the other reserved seats.
Maximilian you will be speaking
on items 50 5152 and 104 You'll
have three minutes.
Please proceed when ready When
you get up to the microphone.
Hi.
I've got some I've got some big
ideas that I thought of that I
think many people support and
that I'm really excited to
share as for cannabis delivery
services item 50 I thought that
we could all loosen cannabis
zoning and restrictions and we
could put a dispensary downtown
maybe by like Petco Park or in
the East Village or in Little
Italy somewhere and have
downtown full of cannabis
Dispensary is kind of like Los
Angeles downtown Los Angeles or
New York City.
And then I think that would be
cool because the only cannabis
shops we have are in Middletown
and then one past Barrio Logan.
So that's kind of I don't know
what other cities on the West
Coast don't even have a
cannabis dispensary downtown.
>> It's just kind of
inconvenient And I have a
really exciting idea for
electric Bicycle safety
regulations is a total which I
think many people in city
council maybe would support And
buzz is considered radical but
it's an exciting idea.
A total citywide ban on
electric bicycles to promote
exercise And because an average
bicycle can go 10 or 15mph that
should be enough.
And I say that because I'm a
skateboarder and I have a story
to tell This is going to sound
crazy but I will never look at
an e-bike the same because I
was on a bike trail on this is
actually non San Diego in Los
Angeles but I was on my
skateboard and I was
skateboarding on the bike trail
and there is the little white
line that's on the bike trail
and a bike went by me at like
35mph like inches away from me
and my life flashed before my
eyes And I think it was
the closest experience I have
had to death in my life and it
was extremely dangerous.
So yeah, total citywide ban on
electric bicycles Just only can
I say that as a skateboarder
who rides a non-electric
skateboard just a normal
skateboard I think skateboard
should be allowed I think
normal bicycle should be
allowed and then banned all
electric everything electric
and then just to finish up I
just wanted to say as for
the state of emergency for
Taiwan and Mexico, I think we
could have the state of
emergencies for much more
serious things like a Freemason
Zeus.
That song would be more
appropriate And this is kind of
a strange form of corruption
that many people don't like to
talk about but it's medical
fraud and where people's
Medicaid and Medi-Cal gets
charged to get unnecessary
hospital procedures and even
ambulance procedures in
the form of mobile crisis that
they don't need because of you
For that concluding comment
allegedly addressed you'll be
speaking on 5051 50 to 100 1 or
2 104 and s 500 You'll have
three minutes.
Please proceed.
Guys might not like people but
Max was you know right on that.
I mean electric bikes don't
promote health.
I mean it actually keeps you
from riding a bike.
I mean you're not pedaling like
my dad was all excited to ride
20 miles and it's like your
bike did it whenever.
Yes.
So this cannabis stuff it's so
interesting that you guys use
the war on drugs as a reason to
rob people from selling drugs
or while they're selling them
and then using that money You
know, the billions of dollars
that the governments taken And
people still think it's a
profitable business All you do
is want to regulate it.
It's crazy.
It's like people can't come in
here and you know, deliver this
If we don't you know, make them
get a permit.
I mean who's going to know that
anyway?
You're just going to like But
it's good because you have
the enforcement that's that's
where you guys come into And
this electric bike stuff really
it's thing is that you're going
to make it so nobody can ride a
bike until they have insurance
get it registered just like a
car get them out of their cars
and then put them in on a bike
and then treat it like a car.
And he was also right about
medical billing and things like
that or just you know, fraud
that happens in addition to
the fall ambulance sexual
assaults where women are you
know, get to the hospital naked
and having stuff injected into
their necks.
But we don't need to worry
about that.
That's just another business.
And then I just find it
interesting when it's like
urban areas security initiative
like we had a border invasion
and we have all these things
like I just don't think you
guys can be trusted with that
but it's another way to make
money So good.
Let's see.
Yes And the homeless housing
assistance and Prevention grant
is your guys's way of
preventing homelessness
murdering people in Tent City
wondering because people are
being murdered, they're
strangled black men are being
strangled there.
But it's cool.
It's another business You can
just get more money, you know
what I mean?
And then the t want to River
Valley So the lady that came
yesterday it's interesting
she's talking about these leach
fields of sewage that are
potentially coming.
I'm wondering how that's any
better than it just going right
where it is.
Who knows And at least I mean
it's going to come back in
the form of pure water.
Right?
It might taste different a
little bit spicy, who knows?
And then just any surveillance
that you guys need.
I just you know, we can't even
use the lpr, right?
We chase cars to the mall when
they're out shooting people at
a mosque.
But you know, it's good.
Let's get more of them right
and pay the police more for
that.
>> So I don't know.
Just good job you guys doing
good business racketeering and
making sure that people are
being murdered and don't care.
But it's cool what happens in
your parks.
>> Homer Owl good job.
That concludes public comment
for consent hearing Council
chamber is going to those
participating online.
Becky Rapp If you can please
unmute This is for the consent
agenda we currently have eight
speakers in the queue.
Figure applicant on for you.
Yeah there you go.
>> Good morning.
My name is Becky Rapp and I'd
like to speak to item number
50.
I support strengthening
enforcement against illegal
marijuana delivery operations
especially when out of town
businesses are delivering into
San Diego without complying
with our local rules.
Businesses that profit from
the San Diego market should be
held to the same standards as
those that have invested in
permits and comply with our
regulations.
Strong penalties are
appropriate when operators
choose to ignore those
requirements.
However, I encourage
the council to go a step
further.
The same enforcement should
apply to any business operating
within San Diego that is
selling illegal marijuana
products not just delivery
services.
Whether the violation comes
from and from outside the city
or from a storefront or other
business such as a smoke or
vape shop inside our city
limits, the harm is the same.
It reduces consumer protections
and weakens respect for
the law.
If we're going to create strong
penalties and enforcement tools
today then then they should be
applied consistently to all
illegal activity.
>> Your time has concluded.
Francine Maxwell If you can
please I'm you and let me know
which item or items you wish to
speak to.
>> 51 103.
>> You have two minutes.
Please proceed.
Francine Maxwell Southeastern
San Diego So excited for
the bike safety ab 2 to 3 for
really encouraged I would also
like to make sure that if
someone is throwing a free
helmet giveaway that you look
at our Encanto see our g two
host we have a lot of children
there Grandparent purchased but
did not purchase a helmet and
we want everyone safe.
We want to change those numbers
absolutely at Rabies Children's
Hospital for the appointment I
continue to stay excited for
those individuals that serve on
our boards and commissions
which consistently continue to
help our city of San Diego move
and make decisions.
I'm hoping that the diocese
will consider every council
office has a newsletter
the same way We're asking you
to maybe have a clerk's corner
in your newsletter to educate
the community as a whole on
things that they can access in
the clerk's office or even
learn what is happening.
We need to know what's going on
in the boards and commission So
maybe every quarter the city
council can take out a picture
of you handing out a resolution
and put in what is happening
with the boards and commissions
that you've assigned to
community members because
the information and the things
that they work on are just so
important But it's not getting
out to the entire community
that they represent Or maybe
there could be a conversation
about boards and commissions
newsletter that can be placed
in all our libraries and all
our colleagues because a lot of
community members are still wi
fi deficient.
Again appreciative of
the appointments and very
appreciative of ab 2234.
>> Thank you for allowing me to
speak.
Thank you.
Next is 8700 If you can please
unmute and let me know which
item or items you wish to speak
to.
All of them except for 15.
You'll have three minutes.
Please proceed Joy Send to 51
Yes to the Electric Bicycle
Safety Regulation for under 12
year old children Yes to
guiding our children in
the ways of safety I support
tough love 52 No to
the contract with many
enterprises for emergency
ambulance transport, billing
and collection services until I
know for certain they have a
program to help low income
people to what can be a very
challenging time.
I will not support this
contract.
Thank you.
100 Yes two grants I love
grants.
This is a large amount.
I wasn't clear how the funds
will be distributed, monitored
and so forth.
These oversee these precious
funds stringently Thank you.
102a big yes to round six of
half.
I love Grant funds Blessings
and thank you.
Governor Newsom loves to you
and your family.
The magic word is prevention.
Thank you.
On 104 this is the raw sewage
situation.
PRESIDENT Harry Truman had a
sign in the Oval Office It said
the buck stops here in
the United States.
Mexico sewage pollution crisis
Where does the buck stop?
Thank you and been s500 Yes to
can't kick under the trust
ordinance I love the trust
ordinance Thank you San Diego
swat association for
the donation of robotic
platform that has situational
awareness that would is so
powerful We all know everything
starts with awareness
situational awareness and this
protects our very very human
police.
Thank you for listening.
It's really been a great start
to the day to all Thank you.
>> Next is Peggy Walker.
If you can please unmute
The five minute timer also
concluded there were eight
speakers in the queue.
No additional speakers will be
taken.
Thank you.
Important support item 50
registration fees are good but
the fees seem low and it's not
clear if there's a means for
substantiating the seller's
other city license.
I think we need to recognize
that wherever marijuana is
permitted there will always be
an illegal market undercutting
prices.
That's underscored by the fact
that 40% of sales in our county
currently are illegal.
Illegal deliveries represent
the bulk of those sales and
black market products are
selling at 40 to 50% of
permitted sales prices that all
means that ongoing enforcement
will be crucial but challenging
for the success of this
especially when unlicensed
operators have a history of
popping up, shutting down and
opening again.
This breeds public confusion
and those operators are often
careful about fines.
Thank you.
And that let put this Thank you
Madison If you can please
unmute let me know which item
or items you wish to speak to.
I am speaking to item 50 and I
appreciate the effort in item
50 to strengthen enforcement
against illegal cannabis
delivery operations.
Unauthorized delivery
businesses should not be
allowed to operate outside
the rules while neighborhoods
bear the impacts At the same
time I want to express concern
about the portion of this item
that creates a new cannabis
delivery business permit for
operators delivering into San
Diego from other jurisdictions.
The proposed registration fees
appear very low and
the ordinance does not appear
to require meaningful
verification of the originating
city's authorization before
allowing deliveries here I
believe we should be moving
towards stronger oversight and
fewer marijuana businesses in
our communities not creating
pathways that could make
expansion easier.
High potency marijuana products
are already heavily marketed
and increasingly normalized to
young people.
I ask the Council to ensure
that any delivery permitting
system includes robust
verification and safeguards
that do not unintentionally
increase marijuana business
activity in San Diego.
>> Thank you.
Thank you.
Security strain if you can
please and let me know which
item or items you wish to speak
to.
>> Julia Academy for you.
There you go.
Yes.
Good morning, City Council.
I came to speak on item 50 on
consent.
I support City Council person
Carpio in his efforts to have
some idea of who it is that's
wandering around in our city
delivering pot when it doesn't
come from our own retail
storefront.
As we know the ordinance is
three pronged.
Most importantly it's to
increase the penalties at least
from my point of view regarding
noncompliance.
And second, it will give others
the right to sue against this
illegal cannabis activity
occurring in our city.
Three Probably the one that's a
little problematic to me is
what this permitting process
might look for out of towners
and out of town as they will
be.
And we have watched that
process in Oceanside and no one
ever registered.
So reason to be concerned in
San Diego we might see the same
thing.
They figured out how to do it
illegally.
They'll just continue that
enforcement and those fines and
penalties are going to be a of
importance.
Thank you.
>> Thank you Terry and Skelly,
if you can please unmute dance.
Good morning San Diego City
Council.
My name is Terrence Kelly.
I came to support consent item
15 regarding higher penalties
for illegal pot deliveries into
and around our city.
I appreciate the city's effort
to know who is selling pot in
our city and where the pot is
coming from since they don't
have a physical location here
within the city and they are in
direct competition with
the city's permitted retail
storefronts that are already
delivering.
I realize that the first step
is to require a registration
process.
However, our business tax
certificate is a nominal fee
and does nothing to contribute
to the cost of enforcement.
So I would be most interested
to see what that fee two
established by the city manager
will be and I hope the system
of fines and penalties will
enable law enforcement to
mitigate the dangers that
unlawful pot delivery vehicles
create.
>> Thank you for hearing my
concerns this morning.
Thank you.
Natalie Raskin if you can
please on your right, Natalie.
>> Actually I'll speak to one
or 2 or 3 and one of.
Listening to the marijuana
stuff people are acting like
this that this is not some
plant that you can just grow in
your pot in your balcony
wherever you MAY be.
It can be grown.
It's not going to stop growing.
People aren't going to stop
smoking pot that it's become
this every day They call and
talk about how evil it is.
Maybe they need to smoke a
joint themselves but it's
always going to grow and it's
always going to be distributed
1 or 2 The housing Prevention
Grant Yes.
I hope this prevents all of
the hb holders from becoming
homeless on NOVEMBER 30th with
the advisory board.
I agree with one of the callers
who said it needs to be stated
or put maybe in libraries or
other places when they're
holding these advisory boards
or committees to be on
the board just like there's a
homeless advisory board that I
was unaware of and I couldn't
even apply to get on it because
it's locked on the screens and
yes to the emergency sewage.
I don't know how the federal
government has stepped up and
made this correct in the first
place.
Thank you.
Thank you, Tony.
If you can please Daniel and
let me know which item or items
you wish to speak to all of
them please.
Please proceed.
Yes.
I just wanted to start by
saying go reach out to I
believe his name is Matt.
He was the first person who
spoke in person but I just
wanted to say I was very much
in support of his comments and
the way that he articulated his
point this morning And I really
appreciated that And I wanted
to support Natalie Raskin's
comments as well.
Everyone is a it's been growing
and being used as traditional
medicine and Chinese culture
for the last 5000 years People
have been using it all over
the planet as a medicine.
I think we really need to get
over the marijuana phobia that
we are and we were exposed to
when we come to the city
council meetings every single
day we hear a new song and
dance about how this medicine
that Jack Rare has a bunch of
science and talked about how we
could be using it for hemp
fuels and fiber paper and
clothes books as an alternative
as a at the site free organic
natural alternative You know we
could cut away with our
pharmaceutical use got away
with so many industries but I
don't support the proposal to
increase the punishment and
the tax I don't support item 50
because I don't want to live in
this super litigious society
where the only ones that stand
to benefit are the lawyers that
know the law will come to you.
We already live in a superstate
stop or society or state
borders already have enough
time navigating through society
,having fun.
I mean we've really put a
paywall up for skateboarders
where you now have to pay to go
to a skate park and my point is
that there shouldn't be these
obsessive paywalls and these
fees and these fines for
the society that we're living
in.
Moving on to the e-bike policy
,I completely support
the e-bike regulations because
they're out of control and and
kids using them are way too
young to be going that fast.
With regard to the trust
ordinance and the policy
regarding the fines the grant
to be spent on homeland
security to apply for more
homeland security funds, I
think it's absolutely absurd.
We we've closed how many
homeless shelters we've closed
how many parks we've closed how
many library hours and we're
applying for grants for
terrorism that doesn't exist in
San Diego at a time when
the federal government is
calling activists terrorists,
it's freaking ridiculous.
When is enough enough?
And this militarism and this
police oversight with lack of
accountability.
I love what Francine was saying
about we don't have enough
councilmember members going to
our commission meetings.
I go to the cbp meetings.
I don't see a single one of
the council members who's
willing to give all the cpd all
the toys that they want in
the world.
I don't see a single one of you
showing up to the cpd meetings.
I don't see a single one.
You're showing up to
the privacy advisory Board
meetings so I would love to see
a lot more oversight from your
website and concluded Blair
Beckman if you can please and
you and let me know which item
or items you wish to speak to.
I can't mute for you.
I'm willing to move on if you
can in yourself at this time.
>> Hi Claire Beckman My zoom is
cutting out This is life and
tier one two for me.
I'm sorry.
Hopefully I can still be here.
I wanted to speak on items 52
100 104 and 500.
>> Please proceed.
Is that okay?
Thank you.
Thanks That you can hear me
first about the item 52
the ambulance transport billing
and collection services.
>> I am really concerned about
the situation with Andrea
Ebbing.
She's had to get a rape test
kit after her ambulance ride
and her, you know, police
incident.
I hope her situation can be
really looked at with care and
sensitivity and that we are
pulling for sure and humanity
and not for her to be
institutionalized.
I think that's a really serious
problem with that And you guys
know that And she deserves to
be living freely and we have to
talk more clearly on those
concepts and and be more clear
on that.
I could look in all of our
efforts to understand the city
better and the ambulance roll
and all of this What was it
what were they doing with her
situation?
What were the police doing?
Good luck in those efforts.
Item 100 is our fiscal year
Urban area Security Initiative
grant program.
You guys had this item at a
committee meeting a few weeks
ago.
Quite possibly this item will
be the San Diego you ask me.
It was suggested that it could
appear at public meetings a bit
more often to describe what
they're doing in their
programs.
They also are at the quarterly
county San Diego County Office
of Emergency Services.
>> So those are two places that
if we keep U.S. Open and
accountable and transparent as
part of the public process,
we'll be in good shape and they
need it.
And if we do that we'll be
practicing well.
So really demand that of are
you saying that we can attend
their meetings?
We don't have to be excluded.
There are ways to attend their
public meetings.
I really invite everyone to
check out what groups like you
see are doing to our local
cities and what their role is
and how you can can contribute
and make ask and demand.
You have that ability We don't
We don't exercise that very
well.
Good luck in those sort of
efforts about the raw sewage
issues, solid waste coming from
Tijuana Councilperson from
Tijuana is visiting Oceanside
these days to check out pure
water systems.
That's an incredible concept.
It MAY take 10 or 15 years to
really work on better but in
the very least we're
communicating with each other
Good luck and continuing that
communication and it just
stresses the incredible
importance in working with
Tijuana even them.
When we disagree we can be just
as snobby towards Tijuana as do
you want to can be towards us
So good luck and good
communication is a really good
skill to have for a great area,
for a great region that we all
share and about the issues you
know we just have we've been in
a state of war for the past two
decades.
Good luck that we're learning
better and better practices of
peace.
We're talking about peace of
our policy making and openness
and accountability instead of
war.
>> That's what your time has
concluded, Hector, as our final
speaker, please let me know
which item or items you wish to
speak to.
>> I'll speak to all of them.
Yeah.
Thanks for taking my call
because my my my zoom has been
going up 3 or 4 times but it
keeps reloading.
I'm trying to use it but thanks
for taking my call.
Well, on the dog thing it's
going to be hard to go against
the drug dealers.
They're on the side.
They've already got their
customers but we've got some
legitimate businesses trying to
compete with them.
But until Trump makes a move on
the drug dealers big time,
they're always going to win out
in the they have cheaper prices
but you guys are give it a try
on the ebikes I think we should
have more enforcement on
the boardwalk.
There's always guys flying by
on the boardwalk in Mission Bay
and on Mission Beach on
the ocean side and Bayside
summer tourist summer Just
young kids going crazy but that
could make tickets like $400
and really stick it to them
just for e-bike and on
the sidewalks and the t sewer
plant We need you to plan
Forget all these this and that.
We need a plan.
We need like six Olympic sized
swimming pools Basically what
it is to hold the staff and
create it Super plastic basic
stuff I worked on one in
Colorado for two years in
the 80s.
I know how they work for their
basic stuff.
It's nothing high tech about
it.
You know we can do a little bit
better job of doing the water
but we can use the water for
irrigation and that should be a
number one priority of our city
even the county too.
It's it's just it's just
embarrassing, you know, that
that that's happening and
the kids are suffering.
The poor people that live in
the downwind from that stuff
it's disgusting.
And then the grants now I've
been looking into those block
cameras They can go super high
tech.
They get your license plate,
they can get they can get
access to your your bank
account Everything you bought
on eBay, everything you ever
did is getting better for them.
It's getting better and better
information so they can just do
it in a split second too.
It doesn't take a long time.
So I think what you pass
the point of no return like
five years ago in China they
got your face if a guy would
cross jaywalk on the street
they get his face in the camera
by the time you cross
the street and not the other
side they took the find out of
his bank account.
That's how quick it works.
I'm sure they can do that here.
They link it to our bank
accounts and we break the law
like jaywalking let alone drug.
The illegal alien is going to
help with a rapid deportation
because if you have a face
facial recognition, if you're
not in the database you're
illegal alien and you're time
has concluded And that
concludes public comment on
consent.
Thank you Council PRESIDENT All
right.
Thank you to the Court.
And with that I'll turn it to
my council colleagues for any
questions, comments and
entertain a motion and we'll
start with Council member
Whitburn Thank you.
Council PRESIDENT With item 1o2
The City Council is getting
approval to spend about six of
the state's homeless Housing
Assistance and Prevention grant
.
This is the hap funding that
the city applied for.
It was awarded last year.
The city is receiving nearly
two $6 million.
It'll be used to help people
prevent homelessness and also
help people who have fallen
into homelessness get back at
the housing as quickly as
possible.
There's also an allocation to
help homeless youth thanks to
Sarah German at the staff for
the Homeless Strategies and
Solutions Department for
successfully securing Round six
hap grant funding from
the state.
I also want to thank the Mayor
for going up to the Sacramento
to ask for even more money for
the program for this year and I
think our local legislative
delegation to the Governor for
agreeing to do so and
increasing that allocation I'll
make the motion to approve
the consent agenda.
All right.
Thank you, sir.
So we have a motion by
Councilmember Whitburn to move
the consent item.
This will be the next to
Councilmember Campbell.
>> Thank you, Council
PRESIDENT.
I am happy to second the motion
I approve of all the consent
items I would like to speak
about item 51 about the e-bikes
.
I want to say a special thank
you to our State Assembly
member from San Diego and that
is Tosha Berner for providing
us with this new law in
the state ab 2234 which is a
compromise item And so we have
the children 12 and up are able
to ride e-bikes number one and
number two class not number
three class.
Of course children always have
to wear their helmets if
they're on a bike or any bike
they should on the skateboard.
Anything they do they should
wear a helmet.
This law was necessary.
It's kind of a pilot study to
tell you the truth around
the state.
It does sunset JANUARY 1st,
2029 So we will have a couple
of years of data from around
the state.
But so far in San Diego we have
found a tremendous increase in
emergency rooms in e-bike
accidents and injuries since
2021 when they started to
become very popular.
Injuries include head trauma,
drama, torso drama, fractures
of the ribs, spine fractures
and extremity fractures.
So it hits the whole body and
it's not good for anybody.
And those of us who are old
know that all these injuries
stay with us and really crop up
once we reach a certain age.
So it's really important to
prevent remember Ben Franklin
of course I'm about as old as
he was when he was alive but he
said prevention of an ounce of
prevention is worth a pound of
cure And so I think that's what
Assemblymember Berner was
trying to help us with.
Our local collection data
reflects the growing prevalence
of e-bike crashes crashes and
it is a crisis in San Diego
Police Department data.
We see that since 2021 e-bike
accidents that are reported
have increased four times
quadrupled.
There were 23 incidents in 2021
and now at least 84 incidents
have been reported for 2025.
So you can see that improving
the safety of children is so
important.
I think the age restriction is
too low but I think once we get
the data from from this study
or from around the state, we'll
see that we probably should
make it 16 and we probably
should insist they have
training and a license before
they ride their e-bikes because
I see these kids and I use my
my heart leaps on.
We're worried about them
getting hurt And as a family
doctor it I know better So I
hope that it helps.
I want to give a shout out to
State Senator Catherine Blake
Speer.
She is also helping to make us
safer by proposing Senate Bill
1167 that addresses emotions
cycles and puts more
responsibility on manufacturers
to differentiate between
the different classes of
e-bikes which usually you don't
even find in the store.
They don't tell you Oh this
class three your kid can't
write it legally but we need to
know all that and we need to
have the manufacturers be
responsible for what they're
selling and hopefully her
legislation will advance as
well to continue to improve
safety for the riders.
And I just want to say thank
you to my colleagues and for
bringing all these consent
items forward and to
the council PRESIDENT And I am
definitely in favor.
So thank you so much.
>> All right.
Thank you.
And with that we have a motion
by council member Whipper in
the second by Council member
Campbell to move the consent
items will go next to council
member Von Wilbert.
Thank you very much.
I've spoken to many of these
items previously so I will keep
this short.
But on item 51 electric bike
all electric bicycle safety
regulations I am pleased to
support this item.
As we've seen across San Diego
there have been a troubling
increase in serious crashes
involving high powered electric
bikes and electric motorcycles
operated by minors recently in
Black Mountain and Scripps
Ranch where young people
suffered serious injuries or
injuries.
We have seen the importance of
taking a thoughtful look about
whether our current state laws
and enforcement tools are
keeping pace with these
emerging safety concerns And
what happened at riding a
regular bike.
We can still use those two but
I appreciate the work of a
council working Pro assembly
member Tasha Burner, Senator
Blake Speer and our city staff
and our partners on this on
item one of three with
the reappointment to the Senior
Affairs Advisory Board I'm very
pleased to appoint
the reappointment Gwen or
Hilary to the Senior Officers
Advisory Board in their two
year term with Hilary Brings
dedicate a decade of health
care leadership and operational
experience.
The proven track record of
managing complex health care
organizations throughout her
career she's overseen large
scale health care operations
including administering a
Medicare five star 192 bed long
term care hospital with a
budget of $36 million.
A lot of work that you have
done.
You've also founded and led
nonprofit organizations
bringing valuable governing
experience, financial oversight
and organizational management
to your role on this board.
She's also worked to strengthen
collaboration across the health
care system by establishing
eight post-acute care and
hospital community forums
demonstrating her commitment to
improving coordination and
patient care.
We are grateful to have your
experience on the board.
Thank you for serving again for
serving your city and with that
I will support the content
agenda.
All right.
Thank you Council Beaumont
We'll go next to Council member
Isla Rivera.
>> Thank you.
Also the PRESIDENT Wanted to
start by just quickly saying
that items 500 I appreciate
the work done by the Privacy
Advisory Board to approve
the use of this technology.
I see that that happened on
APRIL 9th which is why I'll be
supporting what's in front of
us today.
And then I did want to turn to
item one of two.
So I don't know if Sara or Kota
.
I do have a few questions here
around our acceptance
appropriation and expanding of
round six of hap funding.
>> So I spent some time going
through the documents here And
first Sara, as always, thanks
for all of your work.
You have a incredibly difficult
job with not nearly enough
resources and I want to
acknowledge that before I get
into my questions here at
the table that I am looking at
for the for the plan is pretty
light on details.
It's a simple table labeled Hub
six funding plan.
In that table there's a 2.2
million for prevention and
shelter diversion and almost 18
million for operating subsidies
for housing.
Can you talk to us about ratio
there and the choices that fed
into this being the ratio?
Sure.
I will point that in
the presentation that's
attached to the item There is a
little bit more detail on each
of those So it'll be split
between what sorts of
prevention and diversion are
funded along with what interim
housing subsidies there are
there which is mostly
the shelter system.
I will say that for just as is
is that bullet points under
each of those because I had a
difficult time finding
specifically which programs or
shelters are being funded with
um with these hap dollars sure
would be helpful.
I run through it really quickly
sort of.
So for prevention and shelter
diversion the city is proposing
to fund family reunification
the housing instability
prevention program and
the Diversion Program.
That's the new program that we
discussed about when we brought
this item before previously for
operating subsidies, interim
housing We're funding the 16th
and Newton Bridge shelter
the single adult and seniors
interim shelter for women and
family shelter the Salvation
Army Interim Family Shelter and
the Travelodge family shelter.
In addition to that, under
the youth set aside we are
funding a significant portion
of our youth shelters within
the system And then we do have
administrative costs for both
the city, the housing
commission and for each of my
assets that will go to
the continuum of care in terms
of the ratio that you mentioned
previously, I will say that as
we do this application we do it
as a collective unit between
the city, the county and
the regional task force for
the cities.
The city has proposed
allocation.
A large portion of that does
come from the shelter system
because it is an eligible
expense.
So if you recall at least 50%
of our hap application needs to
be for housing focused
programs.
Housing focused programs do
include shelter.
They do include prevention,
they would include permanent
housing.
But as this fits into
the larger puzzle piece of
the budget system, this is this
is the proposal that we came
forward.
It only differs very slightly
from when you saw this
previously in JANUARY.
So I would like to touch on
that for you.
The one major change is within
safe parking so safe parking
was no longer considered a
housing focused program So we
did swap out safe parking to
find additional shelter beds to
kind of meet that match.
And then also we did make one
one slight change in funding
the housing instability
prevention program to offset
some of the general fund that
came out of the final budget
Council action.
Right.
Thank you.
Appreciate that detail.
The shelters that are being
funded, can you talk to us
about how the success rate of
placing folks into housing is
factored into which shelters
will be funded with that
dollars?
>> It's not necessary.
Lee factored in Each of our
shelter contracts have
contracted kind of metrics to
meet those success rates.
I don't have those in front of
me today but it's not
necessarily a factor Generally
across the board we see we see
a similar kind of goal target
for success rate within our
shelter system, Right?
And in that goal target is
pretty similar.
The actual rate though and
obviously different populations
are different challenges means
that timeline might look
different But I do think it's
important for us to have that
be the goal and thus to hold
both the providers accountable
to that goal and ourselves.
To what extent if at all does
what we are utilizing this
round of funding account for
emergency housing voucher
program and what's happening
there this funding other than
really the diversion funding
included here and the diversion
collected with the Housing
Commission In my opinion would
be the largest kind of a step
forward for folks under
the emergency housing voucher
program.
If you'd like more information,
I'd be happy to go back to
the Housing commission and we
can we can bring that
information forward to you.
>> I'm familiar with I mean I
think I'm pretty well versed in
what the Housing commission's
doing.
We have and I am glad the city
invested in prevention and
diversion in the budget that
was just approved.
At the same time we have a
specific number of very
vulnerable families that are
going to be losing assistance
that keeps them housed and it
would seem important that we
account for that in the in
the housing and homelessness
housing and prevention funding
that we're receiving from
the state attorney quickly to
to round seven if I understand
it, round seven is going to be
allocated toward the to
the same cities that received
top six funding not necessarily
the same amounts.
That's to be determined in a
couple of months.
That's correct.
So the state of California will
release the notice of funding
availability for the city along
with the counties and the Cox
Hap seven is at 900 million
right now which is more apples
to apples than Hap Six was
funded four So back of
the napkin math we could
anticipate anywhere between 26
and $30 million that however
that is dependent upon various
factors.
A lot of it is of course block
and formula based and will be
based upon our point in time
count across the state.
Okay.
The one of the things that I
was unsure of is whether or not
so maybe if I'm understanding
correctly the purpose of
providing funding to the same
cities was to reduce
administrative costs and
administrative time and getting
hap $7 out the door making
the best use of those funds.
But I didn't necessarily
understand at least at first
glance is whether or not we
will be bound by the way we're
spending have six funding in
how we spend app seven No so
have seven Will We'll still be
able to allocate help seven
separately and hap seven will
still have to come before
the City Council for us to
accept appropriate and expended
the process for the application
As far as we understand today
will be slightly
administratively better where
instead of an entirely kind of
new application will be able to
amend the application But that
does not tie our hands to
the allocations that you have
in front of you today And it
also would require council
approval.
Okay.
I appreciate that.
So one of the it feels like it
there's a it's like a rite of
seasonal right of me saying
that I want to make sure that
the city council not only has
an opportunity to approve but
to weigh in on the application
and the way that we are going,
what we are going to be
pursuing funding for.
So is there a plan to engage
the council before
the application is submitted
Because at that point in front
of us I'm not going to say no
to receiving the funds but that
doesn't necessarily mean that
the funds that we're pursuing
are being then that doesn't
necessarily mean that it's
the it's the best use of
the funds in my mind or
the mind of the council And
maybe it MAY not be but we have
not necessarily had
the opportunity to weigh in if
we don't have a chance to do
that with the application
before it's submitted.
So what will that process look
like?
Councilmember my department is
happy to bring forward our
proposed allocations similarly
to what we did with hap six
prior to actually submitting
our application and that seems
agreeable ultimately, you know
Council PRESIDENT And the Chair
of the Land Use and Housing
Committee But certainly my
preference that we would have
an opportunity to weigh in
before that application and
submitted And then the last
question I don't see it listed
here and I didn't hear you
mention it save camping not
funded with happens.
That's correct.
And is that because they're not
eligible or just a different
decision by the city Save
sleeping is similarly to say
parking is not considered
shelter under hud's definitions
and therefore doesn't qualify
under the 50% necessary to be
allocated towards housing
focused solutions.
So as the three jurisdictions
collaborated for this
application we did not include
anything that would not be
counted in that category.
So safe sleeping does not count
in that category so therefore
it's not Ed thank you, sir.
>> Thank you.
PRESIDENT Sorry Before you
leaving before I go to
Councilmember Campo, the No fy
hasn't been released.
Do we know what the submittal
deadline is?
>> We do not.
Not to my understanding.
Okay.
I'm just thinking about trying
to respond to the request.
So if you call my office now
once that an offer comes out,
council PRESIDENT Will pull all
that information together and
we'll get in touch with your
office.
Okay?
Just determine whether we can
actually schedule it for
council or you'll have to have
individual briefings coming to
the council meetings.
All right.
Thank you very much, Sara.
>> With that let's go to
Councilmember Camp here.
Thank you, Council PRESIDENT.
I'll keep it brief.
I want to thank my colleagues
for their support over
the previous weeks on item
5051, the Cannabis Delivery
Services Business permit and
the electric bike safety
regulations.
But most of all I want to thank
two staff members who put in
months and months and even
years of time into those
policies.
Carrie Shaw working on
the Electric Bicycle Safety
regulations and Summer Payton
working on the cannabis
delivery permit meeting with
hundreds of stakeholders on
that and dozens of meetings.
So I just wanted to give them a
shout out for their very, very
good work on getting unanimous
vote on those So thank you.
Thank you.
Council Member Campo Where are
the pretty faces?
They're the ones who do
the hard work.
They do acknowledge them And
we'll go back to council member
Lippert.
>> Thank you.
Council PRESIDENT Very briefly
I just want to thank MR. Ahmed
for answering the questions in
regard to the allocations I
fully support the Council have
any opportunity to review
the applications.
The one thing I would say is
that when we do that I think
it'd be helpful to do that at
the context of the overall city
spending on homelessness
services because if you just
look at one slice it could look
weighted very differently than
it does when you look at
the entirety of homelessness
spending as a whole.
So I just think that any time
we're looking at homeless
spending we should look at it
in the context of what
the city's spending is overall.
That's all I would say.
Thank you.
All right.
Thank you, Councilmember
Whitburn.
I think a point well taken.
Council PRESIDENT Pro Tem Lee
then council PRESIDENT I wanted
to take a moment to
congratulate MR. Putin for his
continued service on the senior
advisory board and certainly
long history in terms of
serving the Filipino-American
community and your service on
this board has been appreciated
for quite some time so thank
you for continuing that.
And then similar follow up to
their funding as well.
I do think we should appreciate
and acknowledge that the final
movements on the budget at
the state level ended up
trending in a very positive
direction and increasing those
dollars because they've
continued to be at risk.
It seems like year after year i
don't feel a strong of a need
and that's just my feedback.
Council PRESIDENT To have an
entire hearing item to review
the specifics of what we're
submitting grant wise But
the details would be helpful.
So if there was a larger
discussion around homelessness
in terms of grant funding, how
that ties to expenditure is
does feel like we do some of
that during the budget as well
But just knowing that docketing
can be difficult at times just
want to appreciate how we can
get information in the best way
that would help us.
So thank you.
Sure Absolutely.
Well all kind of way that in
and work with Sara and her team
and the mayor's office about
how to navigate that So I don't
see anybody else in my life
clearly I don't want to was
the popular one on the consent
agenda and offer some closing
thoughts And I'll start out by
thanking Sara you and each
other state team for your work
in securing the Round six grant
and your command of what you're
doing and how you're doing it
and every little detail about
it was a good testimony and
your answers to my colleague
there.
The allocated funding for
the city as well as the county
and the art efforts through
the joint application
demonstrates the previously
ongoing efforts of this region
to deliver on results and use
the funding strategically and
effectively in our city's
ability to apply this funding.
Over the past six years is also
the reason the governor and
the state legislator agreed on
full funding for Hap seven in
the current budget.
That was certainly a moment to
celebrate earlier in the state
budget cycle I had
the opportunity to join path
and other housing leaders
across the state in Sacramento
to speak to the importance of
hap and how cities like San
Diego both use this grant to
reduce homelessness and provide
housing as well as leverage
those dollars with local
resources And this is what
we're doing with hap around six
and I appreciate every effort
what efforts to maintain this
grant We have a lot of work to
do and this grant provides
the annual funding and I think
that it goes to speaks to what
my colleagues refer to.
The challenge of this is an
ongoing issue.
These are people's lives and
we're trying to create
sustainable sustainable
solutions And every year we
have to apply for those grants
And even though we have a track
record of getting those grants,
the being on pins and needles
when people's lives are at
stake makes us so problematic
For now we can be grateful for
now we can be grateful that we
have seven will be a bigger
chunk than Hap six But there is
a lot more work to do.
Council member Eli Rivera
mentioned the emergency housing
vouchers which is a separate
but important conversation
about that vulnerability.
Council member Whipper and I
talked with Senator Shift about
the 13,000 units that are
currently housing units are
currently under contract and
whether they will remain under
contract for the people who
live there.
There are so many things that
require sustainable ongoing
funding.
We're not there yet but
hopefully we can work together
to get to a better solutions.
>> And before I call for
the vote we'll go back to
Councilmember Eli Rivera one
more time.
Thank you.
Council PRESIDENT.
I just want to add some
additional context here.
I think one of the things that
I just frankly struggled with
over the last five and a half
years is this this idea that
it's important to recognize
the work that is being done and
also simultaneously not for a
second pretend that I'm
satisfied with the progress
that's been made and we only
get so many bites at the apple
when it comes to the funding
that we receive that we receive
specifically for homelessness
And I want to make sure that we
are being as thoughtful as
possible every single time we
get that bite of the apple.
And I'm going to be very frank
that for those of us who joined
the council in 2020 and those
who were already here starting
in 2018, the administration was
not nearly open enough with our
input not feedback but input
about how we would spend our
precious resources as it
relates to homelessness And it
was a tug of war to simply get
the opportunity for the council
to weigh in before the cake was
baked And we were essentially
told Do you want the money or
not?
Not how do you want to spend it
which is the most important
power that we hold as a council
.
But will you will we or won't
we receive it which is
obviously a choice that we
would never say no to.
So that is why I just want to
provide some additional context
for why I guard so jealously
the council's ability to weigh
in on the front end and if I
had my way we would be having
these conversations on a much
more regular basis.
But they I recognize they are
exhausting and challenging But
the reality is is that despite
this being a priority for
the Council, despite the amount
of time we spent on it, despite
the way that I know it keeps
some of us up at night,
tonight's meeting runs longer.
We're going to walk out of this
building and there's going to
be people sleeping outside
the doors of City Hall And we
MAY not like the way that
that's told to us as a council
but it is a fact and so long as
that is the case, I want to
make sure that we are not
sacrificing for a second and
the opportunity we have to
determine how those dollars are
spent and whether or not
they're being spent well And we
can have that conversation
without for a second dismissing
or disrespecting or denying
the incredible work that city
staff does on an issue that is
not their making and far beyond
any one individual's ability or
even one city's ability to
solve for.
So thank you for the additional
time Councilor PRESIDENT I just
wanted to add that context.
>> No, I appreciate that and I
think that without drifting too
far off course that's
the continuing challenge of
incremental things that staff
is responding to deadlines and
different buckets of money in
different red tape and
different bureaucracy where
it's difficult to grab hold of
the totality of what we're
trying to do and what our
priorities are And then we
scramble in JUNE to try to make
sense of the overall budget
when we've already
predetermined so many decisions
along the way.
We can always, always do better
.
Okay with that we do have a
motion by Councilmember Lipper
and the second by council
member Campbell Park.
>> Please call the roll start
of the voting system.
Please cast your vote that
passes eight to that passes
unanimously 9 to 0.
Thank you.
Council PRESIDENT.
All right.
Thank you, Clark.
Thank you.
My colleagues.
Thank you to staff for making
yourselves available on
the consent items.
So before we go to non agenda
or public comment, are there
any comments from the mayor's
office, Council members, City
attorney Independent budget
analyst or city clerk Not
seeing anything from
the mayor's office but we see
the city clerk is on
the lights.
>> Thank you Council PRESIDENT
I did just want to make an
additional announcement due to
the changes with organized
presentations we have found
capacity and new technology
assets to be able to also allow
any individual speakers to also
be able to submit any organ to
any type of PowerPoint video
audio to wwe w dot San
diego.Gov/materials two hours
before the meeting whether they
are presenting here in council
chambers or virtually.
So this is for individual
speakers not just group
presentations If they would
like to share a PowerPoint or
an audio video they can submit
that again to San Diego to
slash materials two hours
before the meeting and if you'd
like additional information
please be sure to go to w w w
dot San Diego dot gov slash
participate.
Thank you so much Council
PRESIDENT All right thank you
for that continuous effort will
go to council member Yvonne
Wolpert and thank you I just
wanted to commemorate the three
firefighters who were killed a
few days ago battling
the Sydney fire in the ward of
Utah and Colorado.
They were young Emily Barker,
Nick Hutcherson and Sydney
Watson were killed while
battling the fire.
The U.S. Forest Service says
they were part of the rifle
heat crew that jumped into
the were smokejumpers that
helped to try and prevent
fires.
And so we here in San Diego
have just commemorated
the Cedar Fire anniversary and
the Witch Creek Fire
anniversary recently.
So thank you for your service
to our country and we need to
do better to protect our
workers.
So thank you.
All right.
Thank you.
Council member Vaughn Wolpert
not seen any other requests to
speak.
We will now take up non agenda
public comment Council members
respect and appreciate
the public input and are fully
committed to protecting every
participant's free speech
rights at council and committee
meetings.
Clerk Please proceed with
public comment.
Thank you.
Council PRESIDENT Pearl 2.7 on
the general public comment is
an opportunity for members of
the public to comment on items
that are not on the agenda but
within the subject matter
jurisdiction of the City
Council.
Each speaker will have two
minutes.
Please note if there are eight
or more speakers on a single
topic the maximum time for
the topic will be 16 minutes.
If you're in chambers please
submit your speaker slip If
you're joining us virtually
please raise your hand at this
time by tapping the raise your
hand icon or if you're calling
participants two hour nine If I
can have Damian Robertson
please come up to
the microphone after that if I
can get Steven Gerrard to
please come up to the yellow
reserved seats Taylor Partridge
and then we'll be Maximillian
Schmidt and allegedly Audra
Damian Please proceed.
Hey, how are we doing?
My name is Damian Robertson.
I would ask for a little bit
more than two minutes.
I will come back an afternoon
if I have to start now I am
part of the circle of service.
I'm got my eyes on you now, MR.
Shawn Yellow Rivera Basically I
have a plan that is about
homeless outreach People,
places and things I can see in
all the budgets I've seen how
it works.
I created my own companies that
are employee owned and then I
created another resource that
is Let us Empower which is a
staff If you are an
organization, if you're Joe
LaCava, if you are my man Jeff
over here who's a great male
detail I know the city pretty
well.
I've been part of everything of
it and I would like to be heard
on ways to allocate these
budget funding, maybe even put
a partnership sponsorship
apprenticeship for resources.
It's a job source.
I've created the companies
myself They are they are they
are part of a let us brand
companies which is let us
clean, cater entertain and
build their inc And so that is
the people and anybody who
wants to be a part of that
the people that we are an
organization the city of San
Diego is a great city.
I can take us from number eight
economy least minimum to number
three in the world and that's
just based off what I see and
allocate from people, places
and things And there is whimsy
here So like this DR. Shabazz
at City College he's a part of
maybe being a apprenticeship
for these services that is a
catering or janitorial
construction and even
the entertainment sector EMTs,
they do a great job.
Father Joe's thing dignity,
anthropology and these are in a
circle of services I say places
that I work with personally
the homeless outreach I want to
make a homeless outreach
advisory board that might
include some homeless or people
that represent that I'm a voice
of the city and each one of you
guys even a city attorney from
the da's attorney to the public
defender I have had personal
dealings with even
the community Brittney
Daniels's office where I shake
hands and make thank you for
that.
And so that's what I'm working
on Anybody wants to understand.
And so you and your team has
concluded But thank you for
that concluding comment.
Steven Gerrard I understand you
have something for
the something to put up so we
will put that up right now.
>> Thank you and you'll have
two minutes.
Please proceed.
>> San Diego City Council and
Citizens Steven Gerrard said
Love Ski I'd like to open since
we're celebrating 250 years and
we're a Judeo Christian nation
I like to open up with just a
random holy Bible.
Starting with Hebrews nine Then
verily the first covenant had
also ordinances of divine
service and a worldly sanctuary
for there was a tabernacle made
the first wherein was
the candlestick and the table
and the show Bread which is
called the Sanctuary And after
the second will the tabernacle
which is called the holiest of
all which had the Golden censor
and the Ark of the Covenant
overlaid.
Please read all of Hebrews nine
I smile when you embrace
the Holy Bible and read it
daily as I try to do myself by
frown If you don't I encourage
that.
Looking at the slide here, San
Diego will be hosting another
wonderful Walk for life coming
JANUARY 23rd.
I encourage you to put that on
your schedule and attended next
weekend Mission San Diego
The Chocolate Festival
The Bells will be occurring
Also I encourage you to attend
that I often play at
the Blessing of the Animals
events with my guitar.
I continue to amplify new U.S.
Preborn personhood cities as a
pro-life speaker it's something
that we can do now I hope you
are already reading
the correspondence that has
been placed before you.
Thank you for permitting me to
speak and remember let
the beating heart show you
There is life in the.
>> GOD bless you all.
Thank you.
Next is Taylor Partridge.
If you can please come forward.
>> Taylor, are you here?
Taylor Partridge Boy once
Right.
Maximilian Schmidt, if you can
please come forward.
>> Hi.
I just wanted to give a big
thank you to Councilmember
Campbell for saying that
the e-bike the e-bikes are a
crisis because they are And I
think that we need to be super
aggressive about a full out ban
on electric scooters, bicycles
and on skateboards completely
ban them on their way to
dangerous in my opinion they
actually ruin the sidewalks
completely.
The sidewalks don't even feel
safe to walk down And at all I
could ban everything electric.
We could be the first city on
the West Coast to do it And I
think if we took a vote of
everyone San Diego everyone
would support that And San
Diego could be like big heroes
and they could be said to be
the first city to do in the us
And I think we need to be
supergrass about a full out ban
on everything electric because
Oh yeah I'd like for
Councilmember Campbell saying
it's also a helmet issue or
maybe like teens don't want to
wear helmets They go on
the bike path where it's safer
,where a lot of skilled people
live like the one wheeled
skateboards.
They'll wear helmets, they'll
go on the road.
So if you wanted to do
something electric you have to
ride in the road of a helmet
and in the sidewalks.
Nothing electric is allowed on
the sidewalks Pretty basic.
And then I also want to talk
about Freemasons.
There's a song we can help
people across the planet but in
every downtown urban center in
the world there's someone who's
lonely and isolated and going
crazy because they can't grasp
or wrap their mind around
the fact that someone can read
your mind and they're becoming
mentally ill.
>> And if we send a public
service announcement across
the world to let these people
know that people can read your
mind on badging and conquer
rituals and Masonic lodges
you're not crazy.
>> In fact that person is evil
trying to make you crazy.
We can actually save lives
allegedly.
>> If you can please come
forward first.
Timothy 610 The love of money
is the root of all evil And
it's interesting to hear you
guys talk about that being your
favorite item about the funding
And you know, talking about
when people's lives are at
stake.
>> These are people's lives.
You know, talk about money
being at risk efforts to
maintain grants, ongoing
funding you know, do you want
the money or not?
And it's like you're using
these people's lives And it's
so sad because I wish you cared
about those people just as much
as you care about this money
that you get because like
you're talking about you walk
over and you don't like how I
talk to you about it.
Well, I like watching that
really hard.
It's really hard to listen to
you guys talk like this when I
come to you year after year and
tell you about people dying at
Tent City and then you use them
as a means to get money and
it's like how sad is that?
A man was strangled yesterday
at Tent City and he's part of
the lawsuit and people have
been dying there from fentanyl
overdoses that don't do
fentanyl And I'm just like what
the you guys?
>> You're the ones that are
supposed to like you have this
opportunity to do something.
>> You have the power to do it
.
Why do you just walk over them?
I asked them if they've gotten
help and they say no and they
want it And it's like you have
all these people that are set
to lose housing and they are
about to They could die if you
send them to Tent City.
>> Thank you for that
Concluding comments are
the five minute timer.
We currently have 11 people in
the queue starting with Laurie
on if you can please email.
Thank you.
Good morning and thank you for
instituting the way for people
to submit documents and other
things before the comment I
want to address collapsing
infrastructure and climate
change in San Diego and also
the cost of change orders that
are red increasing that
the cost for these projects by
hundreds of billions of dollars
in coastal areas and by start
getting over bronchitis there's
been a 35% increase in costs
due to higher ground water
levels around a pure water pump
station along the river.
This overall is $1 billion plus
project which means hundreds of
millions of dollars in change
orders for specifically that
one pump station along Friars
Road very close to where you're
proposing to build thousands of
new homes in the Midway Project
what I call the Midway Sinking
project across the river
adjacent to the San Diego River
until and unless you
investigate changes in
groundwater in these
communities, the citizens will
continue to put more taxpayer
money into addressing these
change orders and they will
also have to pay for emergency
repairs.
And one company in particular
has received almost $100
million.
This is the Katz Construction.
They have received these
emergency change orders close
to $100 million now because
the city is simply not
evaluating the risk of these
coastal communities.
High tides are routinely
flooding Mission Bay and very
soon we will have El Nino
driven storms pushing those
tides even more into
the community.
These the floodwaters are
reaching the streets,
the alleyways and soon
the homes in this beach and any
high tide you simply go down to
those areas and you see
the tides are going up through
the storm drains that are
supposed to drain water away
from the land.
Sea level is changing.
Groundwater is changing.
Our communities are sinking.
Please investigate these
changes before you spend more
money on change orders.
>> Thank you.
Next is Becky Rapp.
If you can please unmute.
>> Good morning.
My name is Becky Rapp and today
I'd like to share data provided
in San Diego County Cannabis
Public Health Initiative
Report.
The data in the 2025 report
makes one thing very clear.
We're seeing increases in
cannabis related emergency
department visits, poison
control calls, highly potent
products, synthetic
cannabinoids and new forms of
access that simply did not
exist a few years ago.
Perhaps the most concerning is
that many young people still
don't recognize the risks.
A significant percentage of
students report believing that
daily marijuana use is not
harmful.
While justice involved youth
continued to report early
initiation, frequent use and
easy easy access that tells us
education and prevention
efforts are still desperately
needed.
We also need to be honest about
what we're talking about today.
This is not the marijuana many
people remember from decades
ago.
This is not simply a plant
growing in a pot on our
balcony.
Today's cannabis includes
highly concentrated thc
products, vapes edibles and
other products designed to
deliver much stronger doses
than previous generations
experienced.
The potency and accessibility
of these products have changed
and our prevention efforts must
change with them.
We also cannot ignore
the mental health impacts on
young people.
Adolescence is a critical
period of brain development.
And research continues to show
that early and frequent
marijuana use can affect
attention, memory, learning,
motivation and emotional
well-being especially those who
are already vulnerable.
It can increase the risk of
anxiety, depression, psychosis
and other serious mental health
challenges.
At a time when youth mental
health concerns are already at
historic levels, we must take
every opportunity to educate
and protect our children.
The data has been provided
local current data impacting
our communities and
neighborhoods.
We have an opportunity and a
responsibility to act before
these problems become even more
difficult.
Concluded Kathleen Lippert, if
you can please and you.
>> Thank you.
Good morning Council.
As a prevention policy advocate
getting elected to support
prevention strategies its
challenges unnecessarily
challenging with local
government officials and
sometimes with the public
because their outcomes are not
immediately seen.
But no other strategy for
addressing public health and
safety challenges works better
for their efficacy
sustainability and economics.
>> Having the failures of harm
reduction policies and
ineffective city policies
influenced by addiction
industries point out to city
elected officials they're not
appreciated.
That's understandable.
None of us enjoy being
criticized But instead of
ignoring the words of those
whose heartfelt concerns prompt
them to be repetitive, please
consider what they have to say.
Andre is one of those whose
passion for the homeless
motivates her intrepid,
conscientious undaunted effort
to shine a light on preventable
deaths of those who end up in
homeless shelters encampments,
tents or on our street.
Kelly Davis was a similar voice
who spent three decades to
prevent those in our prisons
from dying unnecessarily.
Although the jails should be
one of the most controlled
environments, it remains a
mystery as to why they are not
.
There seems to be no good
reason why drugs, weapons
suicides take place in our
jails and prisons.
Davis spent three decades
shining this light and she
could bring attention to their
plight.
In a touching tribute to her
efforts, the families of those
whose loved ones passed away in
jails attended her funeral to
pay their respects.
We lost a powerful and
principled voice on behalf of
those in prison and we need to
remind ourselves that voices
like Kelly and Andre deserve to
be respected and listened to.
Unlike many of the politically
influenced voices we hear
there, Clinton has concluded My
apologies but we have nine
speakers in the queue.
The five minute timer has
concluded no additional
speakers will be taken.
Madison if you can please
unmute.
>> Yes, hi.
Thank you for the opportunity
to speak again today.
I wanted to focus on
the important mental health
consequences of drug impairment
and impact on our young people
.
A new ucla Center for Health
Policy Research study found
that California adolescents who
currently use substances
experience significantly higher
rates of psychological distress
and suicidal thoughts or
attempts than their peers.
Nearly half of youth who used
drugs, alcohol and tobacco
reported serious psychological
distress.
Even more concerning
adolescents who used both
substances and experienced
psychological distress were
nearly six times more likely to
report suicidal thoughts or
suicide attempts than those who
use substances without
psychological distress.
>> These findings remind us
that substance use prevention
is mental health prevention.
Every effort we make to delay
or reduce substance use has
the potential to improve
emotional well-being and reduce
the risk of tragic outcomes.
I encourage you to prioritize
evidence based prevention
programs alongside treatment
services.
Prevention is often the most
effective behavioral health
investment we can make because
it keeps young people from ever
needing more intensive services
leaders.
Thank you.
Thank you, Terry.
Terry is going to complete any
.
>> Good morning San Diego City
Council.
My name is Terrence Gilliam, a
parent of three adult sons and
a planning board member.
My planning group had a
presentation regarding fire
safety from the county's fire
Safe Council last week.
My planning group is concerned
about tobacco and marijuana
smoking and vaping on
the hiking trails on the small
sidewalks that connect
the neighborhoods in my area
marijuana and tobacco products
are discarded out on the trails
and the sidewalks creating a
hazard for fires and legally
vaping products are considered
a toxic waste.
We need much better signage in
those areas this summer
indicating that they are that
they are smoke free.
I'm hoping the city departments
that would be responsible for
this type of signage could do
so soon and now would be a
great time to prohibit smoking
and vaping in all public places
in our city where our citizens
live and play.
The city could signal their
understanding that the water we
drink, the land we enjoy and
especially the air that we
breathe are all very precious.
It would be great by bringing
forward a smoke free and free
public places ordinance.
Like many other cities
throughout our county, this
would work towards creating a
smoke free vape free generation
of young Americans that reject
reject tobacco marijuana use
and the physical and health
mental problems they create.
Thank you for hearing my
concerns this morning.
Thank you.
Judy Strang if you can please
on you.
>> Good morning.
San Diego City Council.
Thank you for letting me share
some personal thoughts here.
When I heard and I'm not being
unkind here I hope the idea
that people grow their
marijuana in pot I wanted to
say oh on only because my
experience is that they are
definitely using the products
that they receive either for
the illegal or legal market
that are primarily engineering
products now and our high
concentrated thc in the circle
of people that I care about I
have visited one of them now
three times as they've been
hospitalized because of their
psychotic and mental distress
because of their marijuana use.
I have received the phone calls
from the corner of Bridge
regarding their contemplation
about killing themselves and
got those phone calls every
single day for several months
until that person realized that
5% of those who survived and
that scared them enough to let
go of that idea And I made
plans to travel when his he
disappeared in his friends
called me and I went to
the cliff side where his truck
was parked back.
It didn't work out that badly
this time I know what marijuana
use looks like.
I know what decades of use.
I know what it looks like in
the 20 to 30 the police in
the 50s and it is scary and it
causes whether it causes
distress to the person smoking
Well we'd have to have them
come in and talk to you But
I've seen some pretty agitated
depressed state.
But let me tell you for those
of us around them and care them
and try to protect them, it's a
horrific experience.
So if we speak about our
concerns, I want you to
understand it's a personal
issue for many of us.
>> Thank you.
Thank you for being open.
If you can please unmute I
thank you.
There was now that we're having
the roll out of for the new
public comment time period what
speakers can do and working in
groups think that it started.
I'm interested how if needed
the city clerk can know how to
use the 130 time a bit more
frequently and more flexibly as
appropriate.
I offered that yesterday and I
realized the meeting went on to
about 6 or 7.
So you know she actually
yourselves made a very wise
decision in how to garner one
minute for public comment But
just sometimes some items
deserve a bit longer time and
to be flexible and open to
the 130 time I think you guys
do that really well and should
know how to use it a little
more regularly as needed.
I thought I'd just mention to
this time in this new public
comment age we're entering I
also want to comment on
the words of Marie Sodano and I
think did a really nice job to
describe that.
If nothing else we have to go
with the Midway Rising project.
We have to be aware of our
options and choices and so long
as has made it clear that I
hope her words become a part of
the regular conversation and
how to address the future of
Midway Rising, I think she's on
a really important captain How
to talk about it that needs
respect and I hope it's just a
regular part of the future
conversations and not kept
hidden and tucked away and not
talked about And I'm really
hopeful about the future of
accountability with with public
policies, with tech
accountability.
We've taken a bit of a break
over the past few years.
It's really time that when good
policies present themselves we
need to really move forward and
work towards them on a number
of issues.
>> We can be working towards
peace not war.
That's a good thing both
concluded Sorry Francine Maximo
if you can please unmute.
>> Good morning Francine Marcel
Southeastern San Diego resident
I want to make sure that you
know how much we appreciate our
cp commissioners.
We appreciate the time that
they spend away from their
family.
The extra meetings, the extra
training But the community is a
little concerned with 185 k
that seems a little bit low
ball for us to get our own
attorney and so I see us
because we are all in this
together And so as a taxpayer
knowing that you guys have some
money that MAY not have been
counted on for 2020 7fy maybe
somebody can look and see if
there's some scraps left to up
the scale from the 185 k for
independent attorney or
independent c p r c p p works
hard.
They have absolutely got some
things changed recently.
The community has begun to
receive letters again That
tells you that there was no no
misconduct for the officers and
although you MAY not be happy
with the letter you receive
you're receiving them Again.
We are moving towards better
customer service with internal
affairs.
We leave a message and you
sometimes get a return call
within the same day And so we
want to make sure that we
continue to work in partnership
But you need to help us get our
independent arm a little bit
stronger.
And so an independent attorney
to advise our commissioners
although we do have some
attorneys on the commission, we
still need to have that seat
filled along with a couple of
them.
So please consider holding some
type of hearing added to
the agenda last minute Like you
guys do many things that you
want to and let's get our
oversight our independent
oversight really going over
the summer while you're on
legislative break there are
some things that can absolutely
be done because they are city
employees that are staffing
the ctp.
>> Thank you.
Thank you.
Peggy Walker if you can please
unmute.
>> Okay.
Thank you Again to the last
Social Wellness month a call to
improve the health and mental
well-being of our communities
which is a call of those who
work for safe marijuana and
other drug policies to protect
youth And that effort isn't
about the marijuana plant by
the way as I mentioned earlier,
it's about an industry
engineering thc content of
those plants far beyond
anything natural or about a
highly potent synthesized
products designed and packaged
to attract young people while
falsely presented as safe or
even as a medicine with no
scientific data backup and
lacking pharmaceutical
protocols Today highly potent
products not visual output Prop
64 have introduced public
health risks that local
enforcement and health care
infrastructure are proving ill
equipped to absorb.
This is demonstrated by item 50
today regarding uncontrollable
illegal marijuana delivery
activities that present
challenging enforcement issues
especially regarding deliveries
to use.
It's challenged by the public
health burdens of young
addiction and increased demand
for mental support services
that offset Project to tax
revenues by searching air
visits highlighting
the unanticipated medical costs
of increased youth access to
marijuana.
It's about need for greater
prevention efforts because
allowing an industry to mess
with a kid's mind before he
even has a chance to comprehend
the damage pot can do to young
brains just isn't justified.
Judging policies by how they
work for the betterment of
the community the marijuana
industry practices currently
allowed fail the test for use
safety.
Thank you Your time has
concluded.
Natalie Raskin If you can
please on mute then we have
Hector and 8700 or finals
speakers Please proceed.
Hi Natalie Raskin here.
Just a couple of things My I
want to talk about but I'm
going to respond to the women
that have responded to what I
have said.
I understand that marijuana is
more potent.
I have four children.
I talk to them about what is
out there and what is good and
what is bad and that they have
consequences when they make
these choices.
Some of these people have other
mental issues that MAY be
affected by marijuana.
I understand that.
But to make it that it's legal
for everybody is not something
I think about.
Mk Ultra is a real thing though
that was classified.
Big Pharma is our biggest drug
producing addictive.
It's crazy and my whole riginal
was coming on here and talking
to the city of San Diego and
how we're moving forward and
looking at our future with
innovation and protect ing
the people against Big Pharma
again M.K. Ultra that is real
stuff and they do manipulate
minds and it is out there and
you can do the research Are we
moving forward?
I have four children and I want
them to be contributing members
to society.
We need to start looking at
innovation.
I don't know how many of you on
the dias are researching how
A.I. Is moving and how all
these technologies are moving
forward.
I think we need to start being
more innovative.
I just produced a book which
received our first robot a
teacher in the city of San
Diego That is huge.
I wrote a book on how to
introduce A.I. To your teens.
We need to start thinking in
this fashion so that we are not
at the end of the day and New
World Order.
That is serious to me and I
hope it's serious to everyone
on the dias especially young
children.
>> Thank you Hector.
If you can please unmute I Hi
guys.
I want to remind you guys it's
JULY and it's so Wide History
Month and I was just thinking
about I grew up in San Diego in
the 50s 60s and 70s and
the white history at that time
San Diego was great man All
the white guys are running
the show mainly guys some white
women, a couple of black guys
out there.
Archie Moore's house We used to
drive over his freeway entrance
going down to 32nd Street in
the Navy.
My parents were both in
the Navy and he had a he
probably still got it.
He has a boxing glove for a
swimming pool And Archie more
or less famous the mongoose
black guy in San Diego My dad
would point them out to me and
stuff is pretty cool but I
don't remember it being that
super racist like the one lady
talking about racist racist
racist kind of thing playing
the race card all the time and
not getting jobs or when I was
growing up it was I don't think
it was like that We had black
guys in our neighborhood,
Mexican kids, Jewish guys.
It was like you know, there was
nobody stealing stuff from
the store.
There was no guy getting shot.
You'd have a fistfight with a
kid It matter what color he was
,it wasn't Nobody was pulling
out a knife.
You can take the bus.
Other neighbors could you kick
your if you got out of line?
The neighbor could tell your
parents and they'd believe
the neighbor.
They wouldn't believe the kid
who was lying.
So it was a great man Growing
up in San Diego was cheap.
I had a 69 Camaro in high
school on this set in 74 like
$2,200 And I worked and I made
the money myself.
Man Bill is a nice grown up
here man but I think put
playing the race card only once
a month play the race card
because thank you.
>> Our final speaker is 8700 If
you can please unmute press
star six.
There you go Joy Joy Sonata
Audra thank you for your tears
.
Tears are the sweetness Our
voice they speak 10,000 words I
love you think I'm saying this
again because it's my big
message.
Thank you Audra for your tears
.
Tears are the sweetness of our
voice.
They speak 10,000 words.
I love you, Audra.
Now I want to tell you
something beautiful.
I feel this happening at city
council and PRESIDENT LaCava
started it.
He started connecting with
the public and I noticed it
right on.
I'm very aware I had to be a
massage therapist and I noticed
that council member DR.
Campbell did it at her
community a neighborhood
services meeting last time she
got she answered a question
that was critical to be
answered from a public and a
police officer who had
presented offered me a
suggestion a how as to how I
could be part of the patrol
the senior patrol even though I
can't drive anymore I'm not
allowed I feel this And
Campbell also addressed a
comment that Andre said I
believe but I feel this
beautiful thing that is present
and I want to encourage each
and every one of you to fan
the flames.
It's so beautiful.
It's tears.
It's personal stories of that
beautiful woman that spoke on
the drug issue, the person
personal part of it Your time
has concluded.
>> Thank you very much for
the comments for non agenda
public comment has concluded.
>> All right thank you City
clerk and terms of connecting
with the public respectfully
the job opening for
the commission on Police
Practices General counsel is
listed at 185 to 210,000 So you
don't want anybody to be scared
off of the 185.
So with that we will now
adjourn for the noon recess and
reconvene in open session at 2
you And
I
enjoyed
that
And
All right
good afternoon.
I will now reconvene the City
Council meeting of Tuesday JULY
7th, 2026.
Clerk Please call the roll.
Thank you.
Council PRESIDENT Council
member Campbell here Council
Member Whitburn here Council
Member Foster here Council
Member Von Wilbur Council
PRESIDENT Pro Tem Lee You're
Council Member Campos You're
Council Member.
Moreno Council member Eli
Rivera and Council PRESIDENT
LaCava.
Also attending the meeting are
Assistant City Attorney Leslie
Fitzgerald, independent budget
analyst Charles Mollica and
myself your city clerk Diana
Fuentes.
>> Thank you.
Council PRESIDENT.
All right.
Thank you.
City Clerk Court is now present
when we have a meeting to
decide when we have folks that
MAY be here for the first or
maybe the only time they ever
show up in council chambers.
>> I like to provide a gentle
reminder of how we conduct
business in city council.
I know a city clerk gave some
suggestions already.
Before we start today's meeting
I want to remind everyone about
the city's practices and
procedures for public comment
At city council meetings
The city welcomes public
participation at city council
meetings.
Speakers MAY address
the Council during public
comment also in connection with
a specific line of business on
the agenda.
However, the city must make
sure that no one person or
group of people disrupt
the meeting a way that
prohibits other speakers from
expressing their opinions and
ideas.
So to make sure that everyone
has an opportunity to address
the Council will alert an
individual or individuals if I
think their conduct becomes
disruptive with the corruption
continues I will rule
the individual out of order and
if the disruption continues
further I will declare a recess
all week of the restore order.
At that point I will direct
the individual to leave
the room and if the individual
refuses police will escort
the individual out of
the building.
Now if we have to repeat this
process of warning and
recessing the meeting which we
will not because you're all
good people out there, all
members of the public will be
excluded from this council
chambers credentialed media
will be allowed to remain.
Once again we have these
practices and procedures to
protect the rights of other
speakers who wish to addressed
the Council to allow
the Council to conduct
the public's business and to
repeat the advice Given by our
City Clerk.
If you agree with someone
saying thumbs up it's a very,
very strong visual from up here
And if you disagree thumbs down
at the very strong visual as
well.
Although I see one sign here if
you have a sign please extend
the courtesy to people sitting
behind you who MAY want to see
our smiling faces during
the course of chambers and
don't restrict They'll find
the vision I think for also for
public safety there.
So MAY I ask you to take that
fine down If you want to go in
the back and flash it and
showed up you certainly are
more than welcome to do that.
So with that.
>> Clerk please introduce item
331.
Thank you.
Council PRESIDENT Item 331 is
the Appeal of Planning
Commission process for decision
of the Emerald Hills Project a
5702 old memory Lane project
number p rj Dash 1107 880 This
item is not subject to
the mayor's veto.
We do have several organized
presentations on this item but
all of them are here in person.
Thank you Council PRESIDENT All
right staff I see the sense
you're out there all by
yourself so please introduce
yourself for the record and let
us know how much time you need.
Thank you.
Council PRESIDENT LaCava Good
afternoon esteemed Council
PRESIDENT Carver and council
members.
My name is Martine Mendez.
I am the Development Project
Manager with Development
Services and I will be
presenting the Project Appeal
for the Emerald Hills Project
today.
Before we move forward I would
like to read into the record
that prior to today's City
Council hearing staff received
a traffic analysis report for
an all way stop analysis at
the proposed intersection at
16th Street.
That report has been
distributed to the council
members and copies are made
available to the general
public.
Also I'd like to point out that
the analysis was voluntarily
provided, prepared and provided
by the applicant in response to
a comment raised during
the Planning Commission hearing
.
And how much time do you think
I will need?
Approximately 30 minutes.
>> Okay.
The project just to give you
some background with
the project location
the project is located at 5702
old memory lane and in Council
neighborhoods the zoned zoning
designation for the site is rs
one dash to residential single
unit and the parcel size is
31.18 acres.
The approvals for this project
include a was intended about a
site development permit for
the subdivision of land
containing an environmental
sensitive lands and for
encroachments within the public
right of way a neighborhood
development permit and a
neighborhood use permit for a
neighborhood identification
sign.
Okay This slide shows the 123
residential lots that are being
proposed.
110 of those units would be
market rate units and 13 would
be affordable rate units.
The site also includes seven
private open space lots four
pocket parks, three stormwater
basins and open space areas.
The project as you can see on
the map is located south of
Highway 94 east of Interstate
85 and then southeast of
the existing Emerald Hills
neighborhood park within
the Encanto neighborhoods
Community planning area.
>> This aerial photograph shows
the aerial view of the project
site as it exist today.
The community plan land use or
the community plan for
the project site designates a
site for residential very low
land uses at zero two for
dwelling units per acre.
This land use designation
allows 125 dwelling units and
the existing zoning for
the project site As previously
mentioned as one two.
And so just for clarification
the 31.8 acre site multiplied
by the 41 units per acre equals
124 and 72 where the project is
proposed 123.9 units.
The project is utilizing
footnote seven This project was
incomplete on DECEMBER 6th,
2023.
The footnote seven was repealed
by the City Council on APRIL
24th 2025.
This project went before
Planning Commission on NOVEMBER
20th, 2025 and we are here
today to hear the appeal
hearing JULY 7th 2026.
The project currently has
vested rights to continue to
rely upon Footnote seven This
is a proposed site plan again
identifying the 23 residential
building units and the common
space areas including the parks
All the common space areas will
be maintained by the homeowners
association.
The project also includes a
five foot wide trail within
private property adjacent to
the 16th Street right away and
then as part of the 16th Street
right away improvements to
the project is proposing
the replacement of sidewalks
and providing additional
landscaping.
>> Okay.
This project is requesting
incentives and waivers.
The incentive is to modify
the street sites site and then
waivers to modify the lot
street frontage lot with lot
with four corner lots lot depth
and driveway curb openings.
This project went before
the Planning Commission on
NOVEMBER 20th, 2025 and was
approved with modifications on
DECEMBER 1st, 2025.
The choice Valley and Canton
Neighborhoods Community
Planning Group appealed to
the Planning Commission's
decision based on the following
grounds factual error conflict
with other matters findings not
supporting new information and
citywide significance.
>> I would like to identify
that in accordance with
the central municipal Chapter
11 Article two Division three
All notices for the project
were distributed via United
States Postal Service to all
addresses within 300ft of
the boundary of the project
site including owners and
occupants.
It was also circulated to
the officially recognized
Community planning group and
the applicant.
The notice of application was
distributed on MARCH 7th, 2024
which identified that there
would be a decision at a public
hearing to approve or deny
the project and identify that
the project was undergoing
environmental review.
The notice of the application
was also posted on the project
site as a request as required
by the municipal Code and
verification of posting was
submitted by the applicant to
Development services on
NOVEMBER six, 2025.
The Planning Commission notice
a public hearing for
the NOVEMBER 20th, 2025 hearing
was distributed to parties
previously mentioned and
interested parties who have
requested noticing for
the project That was over 200
recipients and the notice was
also published in San Diego.
Transcript.
San Diego Daily Transcript
Staff visited the project site
prior to the hearing to confirm
the notice of application Post
were still present on the site
and the applicant also posted
the Planning Commission notice
of public hearing at
the project site as a courtesy.
The notice to the City Council
appearing for today's hearing
was distributed on JUNE 22nd
2026.
The notice was mailed to
interested parties and those
previously mentioned.
The notice was also published
in the San Diego Daily
transcript and posted on
the City Council's website.
And as of this morning I
visited the project site to
confirm that the notice of
application and the notice of
today's hearing was present and
visible at the project site
with three signs for today's
hearing.
Posted on 16th Street and one
side for the driveway of Old
Memory Lane.
Summary of the Appellant's
issues are as follows.
The issues related to
the utilization of Footnote
seven for the project adequacy
of the environmental analysis
deficiencies in public
facilities for the community
including Parkland
Environmental justice concerns
including concentration of
density in disadvantaged
communities.
Inadequate community
involvement including
inadequate notice of
the project and
the environmental determination
.
>> I will now move forward with
the appeal issues as they were
submitted.
The Polish the first appeal
issue was in relation to
factual error.
Issue number one stated that
the project far exceeds the 0
to 4 dwelling units per acre
density for which the site is
owned.
Our response is that
the project is in conformance
with the residential very low
designation from the community
plan which allows 0 to 4
dwelling units per acre.
And as previously mentioned
that would be in conformance
with the requirements by
proposing 123 units.
The next issue raised was
the project does not conform to
the r.
S1-2 zoning and far exceeds
the number of lots allowed for
the zone 67.
And again the project is
utilizing footnotes seven for
the development and would be in
conformance with the applicable
regulations of the r.
S one dash zone through
the utilization of four.
Utilization of footnote seven
The 30 issue as the project
does not appear to be
consistent with the Choice
Valley Community Plan and
Canton Neighborhoods Community
Plan Urban Design Policy p u d
dash 26 states the following.
Preserve the existing single
family large lot development in
areas where topographic
conditions foster large lots
and an area is located away
from mass transit and transit
corridors.
Preserve large lot single
family neighborhoods in order
to retain the rural atmosphere
which is characteristic of
Encanto neighborhoods.
>> The project site was
previously developed as a radio
transmitter facility without a
residential subdivision.
Therefore is not subject to
the preservation of existing
single family Large lot
development.
The proposed subdivision is
consistent with the adjacent
developments to the north south
and west.
By proposing one and two storey
single dwelling units having
minimum lot sizes of 5000ft
and site design that follows
the topography of the land.
>> Issue number four
the project appeals to be
neither consistent with
the community plan nor zoning.
Residential Land Use Section
2.4 of the community plan
states the following.
The plan seeks to expand and
preserve the supply of
affordable housing through
construction of new units as
well as the preservation and
restoration of older homes.
The substantial amount of
vacant and underutilized land
and access to transit within
the Encanto neighborhood
provides an opportunity for
well-located mixed use infill
development.
The community has an extensive
stock of single family housing
much of it on large lots.
Although they have already been
developed, these large lots
provide an opportunity for
infill development through
the construction of accessory
dwelling units on the lower
density residential sites.
Accessory dwelling units
increase for housing stock,
allow for multigenerational
housing opportunity and can
provide rental income for lower
income residents.
The project was found to be
consistent with the past
policies identified on
the screen which include land
use, noise mobility, urban
design and conservation and
sustainability as well as as
goals and policies found in
the general plan.
>> Furthermore, regarding
zoning consistency as
previously described,
the project is utilizing
footnote seven and adheres to
the year one seven regulations
with allowed incentives and
waivers for the provision of
affordable housing in
accordance with the applicable
regulations of the Municipal
Code.
>> The next appeal issue is
violation of the 2015
Neighborhoods Community Plan
which identified the proposed
development site as a potential
community park.
Despite this designation
the city made no attempt to
purchase all or part of
the land for the intended
community purpose nor was a
community plan amendment
developed to mitigate the loss
of potential future park space.
This is not just a loss for
the choice of communities but
for all residents of San Diego
which will forever lose access
to one of the most remarkable
vistas in the city.
The recreation section of
the community plan identified
the project site as a potential
park and clarifies that
identification of private
property as a potential park
site does not preclude
permitted development per
the underlying land use or
zoned.
The acreage figures represented
existing and plan sites
anticipated at the time of
adoption of the community plan.
Acreage MAY further MAY be
further refined over time
without the need to amend
the community plan in
accordance once to
the statement the community
with the statement from
the Community plan a change in
proposed usable parking acreage
is does not warrant an
amendment.
Table 7-2 identifies a project
as a major park with 19.8 acres
allocated for proposed usable
acreage which would require
acquisition of privately owned
of the privately owned parcel.
>> >> This is a figure 7.2 from
the community plan that
identifies again identifies
the project site as a potential
park but also has
the statements that were
previously read about
identification of private
property.
Just further clarification To
date the community plan has not
been updated to remove
the project site as a potential
park from the recreation
section of the community plan.
Also I think just to address
some additional questions that
were brought up prior to
today's hearing.
City staff does not have
records related to to
contracting the property or
contacting the property owner
at that time for possible
acquisition or purchase of
the site for purpose of a park.
And based on the information
contained in the historic
Resources report which
identified property ownership
dating back to 1956, the site
has been in private ownership
since then and the city has not
had control of the property
appeal issue six as factual
error.
This is a flawed assertion and
the staff report that the site
has walkable access to
the Encanto trolley station and
Euclid Avenue station which in
fact the path to those transit
stops requires traversing a
very hilly, narrow, unlit and
dangerous road without
sidewalks in violation of
recent revisions to the San
Diego Municipal Code clarifying
that the transit must be
reachable via sidewalks.
San Diego Municipal Code
Section 1130103 sdr Definition.
Failure to properly assess
the difficulty of reaching
transit leads to the staff
report to vastly over estimate
vmt reduction for the project.
>> The staff report described
the following Two regional
transit hubs the Encanto
Trolley Station and Euclid
Avenue Station are located
approximately one mile from
the project site.
Metropolitan Transit Service
mts Bus Route 917 is located
near the intersection of Kilton
Road and Roswell Street.
Approximate three one half
miles southwest of the project
site.
The picture shows where
the current bus stops are
located and the image to
the right shows the proximity
of that bus stop to the site
and then the proximity of
the two trolley stations to
the site.
>> Appeal issue Factual Error.
Issue number seven Failure to
consider the potential impacts
of the project including
increased traffic and safety
concerns on 16th Street both
for daily neighborhood traffic
and for fire evacuation.
Cities responses City staff
reviewed the project for
potential impacts including
transportation impacts, safety
concerns on 16th Street and
emergency access and emergency
response.
>> Factual error Number eight
the project documentation does
not include the Fire Marshal
report nor an evacuation plan
as required by state and local
law.
Even though the proposed site
is within San Diego's very high
fire hazard severity zone, our
response is this The project
did not trigger the requirement
for a fire marshal report or a
fire evacuation report.
>> In this case the project is
consistent with the plan
density for the project site
which as previously discussed
would be up to four dwelling
units per acre and the project
is consistent with that
density.
Therefore again the project id
not trigger the requirement for
a fire marshal report or an
evacuation plan conflict with
other matters.
>> Issue one All of the 234
waivers being requested to
permit this project including
but not limited to street
frontage waiver of the driveway
with requirements waiver and
the minimum lot dimensions.
Rs one seven Waiver These
waivers would defeat the intent
of the city's recent repeal of
footnote seven create a
concentrated environmental
justice and just justice burden
in a historically redlined
majority black Latino low
resource neighborhood produce a
starkly discriminatory outcome
when compared to low density
approvals in wealthy mature
majority white neighborhoods
such as Foxtail La Hoya and
expose the city to legal policy
and public health risk.
Fair Housing Act Disparate
impact exposure and sb 1000 and
Sequoyah vulnerabilities and
Section b in California
Environmental Quality Act.
>> >> sb as previously stated
the project application was
deemed complete while Footnote
seven was still in effect.
One incentive and five waivers
are available to the project in
accordance with the municipal
code for the provision of 13
affordable dwelling units made
available to moderate income
households.
>> The project would comply
with the rs one seven
regulations with the allowed
incentives and waivers and
requested incentives and
waivers are supported for
the provision of onsite
affordable housing.
>> Furthermore, the project
supports general planning
policy E.G. Dash c one and E.J.
Dash c3 E.J. Being
environmental justice through
the provision of publicly
accessible pocket parks located
on site, the project also
enhances connectivity and
accessibility for all residents
via public accessible pathways
parkways and open spaces
available on the project site.
The project supports
the general plan commitment of
creating and maintaining
economically and socially
diverse communities.
The project would help the city
meet the regional housing needs
allocation targets and
the project would provide safe
and healthy homes for people of
all groups allowing them to
thrive in their communities.
>> >> As to the differences
between the Forks de La Hoya
development and this
development, I just like to
identify that the difference
between the two projects are
driven by the development
team's marking conditions and
the applicable regulations for
each project.
Each project is evaluated
independently and both projects
as proposed were equitably
reviewed for conformance with
the applicable regulations.
>> As to the issue of legal
exposure, the City Council will
consider the appeal issues and
make a determination affirming
or denying the appeal based on
supporting information.
Senate Bill sb 1000 adopted in
2016 promotes environmental
justice through local land use
planning.
The law requires local
governments with disadvantaged
communities and or planning
areas to develop environmental
justice policies as part of
the general plan's three
general plan as required by sb
1000.
Inclusion Environmental justice
element and is cross-referenced
with goals and policies of
other elements in the general
plan including the housing
element, the safety element and
the Climate Action Plan and
the respective implementation
plans.
>> Regarding compliance with
the California Environmental
Quality Act, the city as lead
agency performed a review of
the project's impacts on
the environment and prepared an
addendum to the 2015 Community
Plan Update program.
Environmental Impact Report
based upon the review Note
Changes in circumstance since
have occurred and no new
information of substantial
importance has manifested which
would result in new,
significant or substantially
increased adverse impacts as a
result of the proposed project
.
>> Therefore the addendum was
prepared in accordance with
section 15164 of the score
guidelines and use of
the addendum for the project
complies with sequel guideline
Section 15168 See the project
is within the scope of the 2015
Community Plan Update program
for and in accordance with
the mitigation framework from
the program Air.
The project was conditioned to
include a mitigation monitoring
and reporting program related
to biological resources and
paleontological resources
conflict with other matters
issued to the lot is in direct
conflict with the San Diego
General Plan from 2020 for
the Parks Master Plan 2021
the Climate Action Plan from
2022 as well as a 2023
implementation plan Submit to a
San Diego General Plan 2024
policy l u h 0.1 affirm any
further fair housing choice
promote equal housing
opportunity and promote
the development of a balanced
and equitable communities that
take into account community
wide involvement, participation
and needs.
>> a summary on a planned
village development with
the involvement of a broad
range of neighborhood and
business stakeholders including
traditionally underserved
communities and take into
consideration the needs of
individual neighborhoods.
Available resources and willing
partners.
Invest strategically in public
infrastructure and offer
development incentives that are
consistent with
the neighborhood's vision and
then plan for more homes and
village areas that are located
in communities with high
economic opportunity.
>> The proposed project
supports the goal The goals of
policy Lou 8.1 By proposing no
dwelling units building
formants with current building
codes providing fair housing
choice and promoting equal
housing opportunity, providing
balanced housing options within
the development And just for
reference 11.1 as found under
section h of the General Plan
under balanced communities and
equitable Development a save
appeal issue conflict with
other matters also as far as
community wide involvement and
participation discretion Here
applicants are encouraged to
work with the community
planning groups for this
project.
Applicant presented as an
action item to the Choice
Valley Community Planning Group
on OCTOBER 28th, 2024 at a
special meeting.
The Community Planning Group
voted to deny the project with
a vote of zero yes to approve
and 13 no to deny without
conditions or recommendation
and submitted the form to
the Development Services
Department.
>> The project supports
the following general plan
goals Investing in public
infrastructure by providing
improvements on 60 streets
which 60 street which include
road widening and lighting
public stormwater system
improvements supports housing
element goals and policies to
support the development of
residential dwelling units
within our community citywide
offering development incentives
consistent with
the neighborhoods vision
the project uses utilizes
incentives and waivers in
exchange for new affordable
housing.
Page two Dash 21 of
the Community plan states
the plan seeks to expand and
preserve the supply of
affordable housing.
>> The project will also be
playing paint into
the development impact fees and
San Diego Municipal Court
regular regulations incentivize
additional dwelling units
conflict with other matters.
Issue b City of San Diego marks
our City of San Diego Parks
Master Plan of 2021.
Equity is a central value of
the city city's parks master
plan.
Park planning and investments
should address long lasting
inequities in the city's parks
system experienced by people
that live in traditionally
underserved communities and
areas with the greatest park
deficiencies.
Areas of the city where we know
that the greatest need exist.
By ensuring equal access to
meaningful recreation
opportunities, the city's park
and recreation needs have
evolved influenced by change in
population and demographics and
development patterns.
Communities vary in the quality
and availability of park space
due to patterns of historical
growth.
>> Prior development patterns
have also left parts of
the city with fewer connections
to parks and natural areas More
growth located in existing
neighborhoods.
Increases demand for parks that
meet the unique needs of these
developed areas that contain
limited land for new park
spaces.
Prioritizing parks in these
neighborhoods that are
experiencing the greatest rates
of residential growth is
critical.
The project to address
the current park inequities
the city is prioritizing park
deficient and underserved
communities by allocating at a
minimum 80% of the citywide
park development impact to park
deficient communities with at
least 50% of that amount to be
prioritized solely within
traditionally underserved
communities for at least five
years.
This project would meet that
goal by paying their
development impact fees.
>> The project will support
the city's Park Master plan by
again paying the applicable
impact fees.
Public improvements to 60
Street providing accessible
paths throughout the project
site that connect the existing
that connect to the existing
Encanto neighborhood park.
And providing for onsite pocket
parks that will be publicly
accessible conflict with other
matters Appeal issue See San
Diego Climate Action Plan from
2022 states addressing
inequality and systemic racism
requires a thoughtful and
intentional approach that
empowers and includes our
community.
Communities experiencing
structural exclusion.
To create equitable outcomes we
must prioritize action and
invest where the need is
greatest by involving impacted
community members in the city's
decision making process early
and through continual
partnerships.
For this reason the concept of
climate equity is critical
throughout the climate Action
Plan.
Page 11.
>> The project works against
the City of San Diego's Climate
Action Goals that came out
today stating the city's
climate objectives are exceeded
by 2% carbon emissions.
Creating a park instead of
dense housing will help with
this objective.
California law requires
jurisdictions to consider
environmental justice and
reduce concentrated
environmental burdens and
disadvantage communities.
Epa and peer reviewed
literature document Worse
document Worse health outcomes
where burdens concentrate.
>> sb 1000 Environmental
justice obligations require
local governments identify
disadvantaged communities and
adopt policies to reduce
disproportionate,
disproportionate environmental
and public health burdens.
A decision that concentrates
density and the and
the discrete burdens that often
accompany rapid infill
construction vehicle emissions
inadequate public facilities,
loss of planned parkland in an
environmental justice community
without robust mitigation is
inconsistent Inconsistent with
the law sb 1000 mandate
programs and approvals as
systemic systematically locate
greater housing burdens in
communities of color and create
a disparate impact claim under
federal and state fair housing
law.
The clear difference between
allowing dense approvals in
historically black Latino
neighborhoods creates a prima
facie discriminatory pattern
that the city must explicitly
justify with legitimate
nondiscriminatory reasons and
evidence As stated in
the asserted in appeal issues
raised.
To create equitable outcomes we
must prioritize action and
investment where the need is
greatest by involving impacted
community members in the city's
decision making process early
and through continual
partnerships.
The applicant for the project
involved the community by
presenting their project to
the Community Planning group
and through other outreach
efforts that the applicant will
describe during their
presentation.
>> The project supports
investment in and prioritize
the community by conforming to
the requirements of the Climate
Action Plan by paying
the development impact fees in
accordance with the city's Park
Master Plan which fund public
infrastructure and services
like parks, mobility libraries
and emergency services
including fire.
Improving existing
infrastructure within public
right of ways to improve
accessibility and connectivity.
And conformance with
the entirety of the Climate
Action Plan goals and policies
related to the development of
housing.
>> The project supports
environmental justice by
providing improved and
diversified opportunities for
play in public spaces for all
people.
Homeownership opportunities
including affordable housing
housing for a variety of
household sizes, encouraging
location and resource efficient
development near established
community resources and safe
and healthy homes Meeting
current building codes Conflict
with other matters issued 2023
Implementation Plan States
Prioritizing communities of
concern while preparing
the 2022 Climate Action Plan.
City staff work closely closely
with stakeholders to develop a
method for scoring each cap
action to understand its
potential to prioritize and
empower residents within
communities that have been
historically underinvested in
and to address those
disparities.
To create equitable outcomes we
must prioritize action and
invest where the need is
greatest by involving impacted
community members in the city's
decision making process.
Early and through continued
partnerships.
For this reason the concept of
climate equity is critical
throughout the 2022 Climate
Action Plan and the similar
implementation plan.
The city will continue to
frequently consult with CBOs on
climate equity policy on use of
these tools specifically and on
equitable cap implementation
generally.
Page six a new faq to wrap up
We have a lot of conversation
today on the funding sources
Already one of the funding
sources already used to invest
in structurally excluded
communities is the city's
Climate Equity Fund which
the city established in 2021
and as a dedicated source of
supplemental funding for
infrastructure projects in
communities of concern.
The implementation plan also
reference Council policy 800
Dash 14 which prioritized
capital improvement program
projects and the goal of Parks
Master plan to prioritize park
dips to park deficient
communities.
The project supports
the Climate Action Plan
implementation plan by paying
the required development impact
fees Investing in improvement
of existing infrastructure
within the community through
public through project related
public improvements and by
presenting the project to
the Community Planning Group on
OCTOBER 28th, 2024.
Findings are supported.
Issue one.
Allowance of the subdivision
map based on the interpretation
that the project was deemed
complete before repeal of
footnote seven.
This assertion assertion
disregards that it is
the approval of the project not
the date of application that
determines vesting rights under
state law.
As evidenced by
the discriminant this sorry
discretionary approval for
the project that are being
asked of the Planning
Commission at the NOVEMBER
20th, 2025 hearing pursuant to
state law development
applications that have been
deemed complete are entitled to
proceed under the law and
policies in effect at the time
the application was deemed
complete.
>> Findings not Supported Issue
two.
This project creates a chronic
concentrated environmental
justice burden and a
historically red line majority
Black Latino low resource
neighborhood.
It will produce a starkly
discriminatory outcome when
compared to with low density
approvals in wealthy majority
white neighborhoods such as
Foxtail La Hoya.
This was previously addressed
under complex with other
matters New Information Appeal
Issue one This project defeats
the intent of the repeal of
Footnote seven The City of San
Diego Council agreed upon in
APRIL of 2025.
This was also previously
discussed in the response in
the same issue under findings
not supported new information
appeal issue to insufficient
time to review hundreds of
pages of project documents
which were only provided to
the public on public on
NOVEMBER 14th, 2025 for less
than one week before
the hearing in accordance with
the requirements of the Brown
Act, a notice of public hearing
was distributed and the agenda
was posted a minimum of 72
hours prior to today's City
Council hearing and the same
was done prior to planning
Commission Oligo Requirements
Format New information issue
three.
Failure to consult
the Community The staff report
cites vote by the Community
Planning Group on OCTOBER 2024.
However this vote was taken
while Footnote seven was still
in effect and in fact
the project triggered
the public discovery of
footnote seven in the municipal
Code and the legally disputable
process by which footnote seven
was adopted.
Engagement with the community
would allow the developer,
the community and the city of
San Diego to explore
alternative uses of the site
that would be acceptable to all
parties.
Again, the project was
presented to the community
Planning Group on OCTOBER 28th,
2024 and staff has been made
available to respond to phone
calls and correspondence.
Development Services did not
receive a request for
additional coordination with
the Community Planning Group
and staff Acknowledge
the receipt of the vote for
denial from the Community
Planning group City wide
Implication Issue one.
Residents neighboring a
proposed development MAY have
due process rights connected to
their property interests if
they believe it will decrease
their tangible or intangible
property value.
Choice Valley Encanto Planning
Group was not I was not
notified of this project by
the applicant or by the city of
San Diego before the secret
determination was made.
The Community Planning Group is
not aware of notice being given
to the potentially affected
neighbors by other substituted
means.
Thus the residents have not
been have been deprived of
procedural due process on this
matter because they were not
given a chance to voice their
concerns at a community
planning group meeting.
The public hearing or other
procedural mechanism after
substantive notice with respect
to content and time To
the extent that this lack of
notice of development
applications or permits extends
to other community plan areas.
This matter has city wide
implications.
As stated earlier, the project
was noticed in accordance with
requirements of the municipal
code in accordance with
the California Environmental
Quality Act Statutes and
guidelines Section 15164 See an
addendum need not be circulated
for public review but can be
included in or attached to
the final environmental impact
report.
The addendum to the 2025
Community Plan Update Program
Environmental Impact Report was
posted on the city's California
Environmental Quality Act
website for final environmental
documents on NOVEMBER 14th,
2025 and a link to the docket a
link to the document was
included in the staff report to
the Planning Commission.
>> >> Citywide implication.
Issue to expose as a city to
legal policy and public health
risk based on fair housing
disparate impact exposure and
sb 1000 sequel vulnerabilities.
>> This was previously
addressed under conflict with
other matters of issue one.
City wide Implication of Pill
Issue three The 31 acres have
been slated for park for many
years a park not only for our
communities of Choice Valley
but for the entire city of San
Diego.
The views alone are worthy of
upgrading quality of life for
residents of our city.
This was previously addressed
under factual letter errors
Appeal Issue Item five Staff's
recommendation is City Council
deny the appeal and affirmed
the Planning Commission's
decision to approve the basin
Tentative map.
>> The site development permit
the Neighborhood Development
permit and a neighborhood use
permit that concludes staff's
presentation.
We have we have sorry we have
the applicant and city staff to
answer any questions.
All right.
Thank you for that.
For first I'll turn it over to
the office of the city attorney
for comments.
>> Thank you, Council
PRESIDENT.
Our office will outline some
legal considerations for
today's item when hearing and
deciding upon a project appeal
,the Council MAY affirm,
reverse or modify the Planning
Commission's decision.
A decision to reverse or modify
the Planning Commission's
decision must be based on one
or more of the following one
factual error two new
information three findings that
are not supported for conflict
with the land Use plan Council
policy or the municipal Code or
five city wide significance In
addition to approving
the project, the Planning
Commission considered and
adopted an environmental
addendum prepared by staff.
An addendum is not an
environmental determination
that is subject to appeal under
the municipal Code or sequa and
therefore MAY not be appealed.
That conclusion is supported by
an appellate opinion from
the fourth Appellate District
in California.
This project is subject to
the State Housing
Accountability Act because it
meets the definition of a
housing development project.
Under this state law the city
MAY not apply development
standards that were not in
effect at the time
The application was deemed
complete at the time
the application for this
project was deemed complete.
Footnote seven was in effect if
after hearing the evidence
presented Council would like to
deny the project or impose
conditions that the project be
developed a lower density.
State law requires that council
base that decision upon written
findings supported by a
preponderance of the evidence
on the record that each of
the following exist.
One.
The project would have a
specific adverse impact upon
the public health or safety.
And two there is no feasible
method to satisfactorily
mitigate or avoid that adverse
impact.
>> That concludes my comments.
All right.
Thank you for that.
So before we open it up to
public comment, we'll have
we'll hear from the appellant
and then we'll hear from
the applicant.
So I invite the applicant
excuse me the appellant to come
up.
My apologies.
>> And how much time do you
need for your presentation?
So I get 35 minutes.
If you need 35 minutes That's
what they talk?
Yes.
I don't think you prefer.
Can you tell me though how much
time so I can put it on
the table?
Probably 15.
Okay.
I would like to thank all
the community and community
members who are here today from
our beautiful city excuse me
who have showed up today in
person and online.
I appreciate the time,
the energy and the effort it
took folks to have better
support parks and Justice in
our community.
Honorable Council PRESIDENT
LaCava.
And honorable Council members.
Today our neighborhood of
AltaVista Broadway Heights,
Troy a few Emerald Hills
Encanto Lincoln Park, o'Farrell
and Valencia Park are sending a
signal to our leaders to
envision the opportunity to
create an urban sanctuary
investing in our children,
investing in our environment
and investing in our health.
I respectfully request if
everyone on the dais would
raise their hands if they've
ever been to the Radio Tower
site.
Next slide please.
Today we are sending a signal.
Support the appeal and use your
discretionary authority.
The City Council have
the choice to support our
appeal and deny the Emerald
Hills project.
This discretionary review
allows the Council to exercise
your legal power and authority
to consider whether this
project follows the legally
binding encanto community plan
complying with zoning laws and
variances.
The deemed project complete
with just the application
triggering vesting rights.
Properly qualifies for
the city's fiscal
determination.
This project protects public
safety and infrastructure in
very high fire severity zones
and evacuation routes and
follows sb 1000 and
environmental justice
obligation and meets
the requirements of
the discretionary permit.
Our appeal today argues that
this project does not meet any
of these standards and cdp g.
And Neighborhood Council have
rejected the project from
the very first presentation.
The Council should support this
appeal and deny the project.
Next slide please.
This project conflicts with
the Encanto Neighborhood
Community plan.
The Encanto Neighborhood
Community Plan calls for
preserving large lots and
single family neighborhoods.
Footnote seven Change the rules
without due process by reducing
minimum white fibers from
20,000ft to 5000ft in Encanto
and Emerald Hills only.
dft deems the project complete
and engaged vesting rights for
a mere application.
Community members invested by
pleased community members
invested extensive volunteer
time reviewing city records and
public documents leading to
the discovery that Footnote
seven was adopted improperly
and would never valid and must
not be applied to any project.
The process undermines due
process.
Transparency and meaningful
community engagement.
Our community is fed up with
being undermined by the color
of law.
The project increases density
by 75% and has to add 234
variances.
On top of that there are steep
slopes on this parcel.
Some waivers are three front
waivers.
Drive it driveway with
requirement and minimum block
dimension are one through seven
waivers.
Next I believe the Council
should support this appeal and
deny the project unequal land
use outcome.
The Council should not approve
land use patterns that place
greater density and concentrate
environmental burdens in
Emerald Hills while preserving
lower density outcomes in
wealthier communities.
This appeal compares
the Emerald Hill subdivision
with the low density approval
at Fox Farms in La Hoya of 18
homes on the same 32 acre
parcel compared to our 123.
Your decision today will or
will not perpetuate patterns of
discrimination.
Wealthier communities preserve
lower density development
producing a stark
discriminatory outcome.
Historically the underserved
structurally neglected
communities receive greater
density without any
infrastructure improvements.
Removing the opportunity to
right rightsize park inequity
in community but concerned with
scale environmental and
infrastructural infrastructure
burdens are concentrated in low
resource communities and
communities of color.
Land use decisions either
expand or reinforce existing
inequities by defining
environmental justice
opportunities.
Public health burdens like air
quality and environmental
justice obligations where local
governments adopt policies
reduce these burdens.
The Council should support this
appeal and deny the project.
>> Next slide please.
Park Equity and Environmental
Justice Invest in our children.
Invest in our health.
Invest in our safety.
The Council has an opportunity
to set a precedent that our
leaders will no longer tolerate
Environmental injustices.
Support advisable Park in
Emerald Hills and San Diego
neighborhoods of color have 64%
less park space per person
versus white neighborhoods.
Low resource neighborhoods have
neighborhoods have 71% less
park space than high income
neighborhoods per tpl or mixed
light.
>> San Diego County faces
serious air quality burdens but
we are the seventh worth
nationally for ozone and
the fifth worst year for year
round particle pollution in
the 2026 State of the Air
report.
A park could mitigate some of
this fighting historic
disinvestment and neglect in
our underserved communities by
investing in our children,
enriching educational and
economic opportunity through
health, well-being and social
impact.
This is the medicine of our
times and sizable park but also
support park equity, climate
equity, public health and
community Quality of life.
Next slide please.
The Council should support
the appeal and deny the project
fp 1000 and Environmental
Justice obligations.
This project is an
environmental burden because
the community loses sizable
parkland.
A climate action goal.
The city has an obligation to
decrease the burden on
environmental degradation
right?
Both neighborhoods
disproportionately burdened by
pollution or environmental
hazards.
Ensure residents are actively
involved in municipal decision
making and land use planning.
Adopt tailored goals and policy
to reduce pollution exposure,
improve air quality and promote
public health.
Address systemic inequities
that focus heavily on
accessible parks.
Equitable access to healthy
food and safe housing.
i believe the Council should
support the appeal and deny
the project.
Fire evacuation risks and
public safety issues.
Poor evacuation routes can turn
added density into a serious
fire safety risk.
This project is in a very high
fire severity zone.
Imagine 123 more homes or
possibly 492 homes with a bonus
adu law.
The surrounding area also has
limited nearby fire station
coverage making safe evacuation
routes an emergency access even
more important in a wildfire
emergency.
Narrow or constrained roads can
create traffic bottlenecks
delayed evacuation slower
emergency response.
Public safety concerns during
evacuations.
The surrounding road network
cannot safely handle
evacuations under emergency
conditions.
Next slide please.
The council should support
the appeal and deny the project
line.
>> So but this would be a
solution The land swap solution
for a legacy park a community
center solution that
prioritizes public parkland and
environmental protection and
public safety a legacy park
proposing a solution that would
facilitate an alternative
development for D.R. Horton in
exchange for radio towers
parcels and permanent park
land.
The framework for this is not
an untested idea in California.
The developer received a viable
low risk alternative.
The city advances housing
production on a more suitable
site while honoring
the community plan.
The residents of southeastern
Diego received a once in a
generation destination park.
This is pragmatic equity
centered problem solving
solution.
We are asking the City Council
to champion a legacy The park
could honor our veterans.
Could honor our sports icons,
put onto honor our cultural
icons from our community.
A place for the rest of
the city to take in the vistas
and the beauty of our amazing
city.
This Council should support
this appeal and deny
the project.
Please.
Today we are sending a signal
to City Council to support our
appeal and to exercise your
legal power of discretionary
review.
This Council has the authority
to support the appeal.
This Council has an opportunity
to right size historic
disinvestment and neglect.
Enjoy the Valley communities
see the vision our community
has.
This is a discretionary
project.
This project conflicts with
the neighborhood community
the Encanto Neighborhood
Community Plan and Footnote
seven undermines due process
transparency and meaningful
community engagement.
The project fails to comply
with fha Park Equity
Environmental justice
Infrastructure and fire
Evacuation safety.
Invest in your children.
Invest in our children.
Invest in our health and invest
in our safety.
Together let's create an urban
sanctuary for our beautiful
city.
You can't make more land.
The Council should support
the appeal and deny
the project.
>> Thank you.
By this they have more to do.
>> Can you play the next slide
which is a new article from
tpf.
Is that allowable?
Thank you.
>> There's nothing on the slide
but a white screen.
I'm sorry but we could have
only put it into the record.
No, this is the last slide that
we received.
>> Okay.
Now I invite the applicant on
the project.
>> Good afternoon, MR. Council
PRESIDENT.
We give equal time to
the applicant and
the appellant.
They took 15.
I'm sorry They took 15 minutes.
So that is fine.
Okay.
And it was off the record.
Thank you.
I agree in this regard.
Good afternoon.
Council PRESIDENT Members of
City Council My name is Daniel
Boyd, vice PRESIDENT For
attorneys for D.R. Horton.
We're very pleased to present
and defend our project
proposal.
Item number 331 for you today.
First of all, we very much
appreciate staff's dedication
and time.
Over the past several months if
not years.
We also appreciate
the appellant's presentation
and we appreciate the community
standing behind me.
We have been very involved with
the community.
I'll be short with our overall
visual presentation.
That was your first warning.
I will be very brief as to our
next slide please.
I'll be very brief as the staff
report was very thorough and I
don't need to be redundant.
Our project includes, as we
heard 223 single family
detached homes set on a minimum
of 5000 square foot lots.
These lots however near average
nearly 6000 square foot lots.
These lots also stretch into 7
to 8in.
The proposals also include open
space areas designed for
passive recreation for
the community residences and
open to the public for
the general community to enjoy.
These open spaces will include
typical passive amenities such
as park benches, fountains,
accommodations for dogs but
even more importantly provides
an opportunity for
the community to converse, meet
and just discuss and of course
enjoy the views.
Next slide please.
The project is access to Hopper
16th Street.
It has one access object but
emergency vehicle access after
full memory lane.
That was done by chance.
That was done by design in
conformance with all
the ability requirements set
forth under this project.
We are very pleased that part
of this project is going to
include substantial public
infrastructure improvements to
the city namely 60 Street, 62
Street and likely 63 and
present condition looks like
that And that's what we've been
seeing for years with this
community.
This is a situation that right
now and staff will confirm does
not meet all the safety
requirements of the city namely
site distance.
Next slide please.
What we plan on doing with our
proposal is to improve 60
Street and widen 60th Street by
18ft.
This will give us the ability
to provide sidewalks, provide
dog trails, provide curb
separated landscaping and of
course drainage facilities.
This will be representative of
what we believe is a great
entry to this community and
enjoyed by all of
the community.
Next slide please.
This is a quick diagram that
shows the tree section of 60
Street.
It's a little small so I'm not
expecting you to look at that.
But what we're trying to show
here is that there is no
question that the community has
not have a great record for
sidewalks there does not have a
great planning from decades ago
And we hear that loud and
clear.
What we're trying to represent
here is what we are being
required to provide in terms of
what the city policies and
guidelines require and we are
providing that next slide and
we should make a quick notation
that we're very proud.
The purpose of why we're here
our proposal is to provide
homeownership generational
wealth.
We're here to provide
opportunities for all.
And in doing that we're
presenting four distinct
architectural plans doing
Craftsman traditional.
It just goes to show that what
we're trying to do here is
bring homeownership that's
compatible with the existing
neighborhood.
We're proud of those And we
think that the city should be
proud of this And we know
the folks behind me won't
support this.
But home ownership shouldn't be
a privilege.
It should be a right and it
should be something afforded to
everyone.
And we believe wholeheartedly
that we're part of that
objective in the city of San
Diego.
Next slide.
>> The very beginning of this
proposal and I will describe in
very detail here in a moment we
started our community outreach
nearly four years ago a year in
advance of technically a formal
review by the city.
We were introduced and we
became very involved with a
wide variety of interest groups
and organizations.
Aside from the pioneer Group
and the local Emerald Hills
neighborhood group, we became
very close with the National
Black Contractors Association
and why we want to bring jobs
to the community.
We heard loud and clear from
this association We want jobs
in San Diego.
Do not give our jobs away to
outside counties.
So we became members of this
association and we're acting on
that commitment.
The National Association of
Real Estate Brokers they're not
just brokers.
They're folks who have devoted
themselves to this culture and
to this community and to
the betterment of fair housing
for all.
No, they're just not brokers.
They're not just real estate
agents.
They're advocates.
And I believe that we are very
proud to be part of that
organization and we work very
closely with Nerad and we are
going to continue our
relationship beyond hopeful
approval of this project.
We believe and what their their
objectives are And we stand
firm with their commitment.
We've made notation with San
Diego County Urban League that
most importantly is meeting
with homeowners, meeting with
individuals like Kenny Keys.
I like Kenny Keys.
He's invited me to his living
room.
I don't realize me now but we
started out as friends but we
started out opening up a
dialog.
Next slide please.
We opened up a dialog
represented by this diagram
here.
This is a process and a
timeline and I'll briefly go
through It is pretty amazing.
As I said earlier, we spent
the first 12 months working
with the planning area group
and the neighborhood council
groups.
We went to neighborhoods, we
went to living rooms We had
conducted meetings not required
not required by the applicant.
We volunteered to get ourselves
out in front of the issues 12
months in fact don't say we
didn't do our best.
The community outreach because
the next steps included meeting
with individual homeowners.
We finally get to a point where
the city blessed all of our
paperwork, all of our reports
and then we began.
The next step was the formal
review of the city staff.
24 months later we end up
applying to Commission Planning
Commission as we heard approved
this project.
Seven No unanimous
recommendation or can you
please of that That was not
that's not an easy feat and
that means they supported
the technical aspects of
everything that your staff
worked very hard over a period
of years to bring forth.
They reviewed all the technical
aspects and I don't need to be
redundant that moving from that
point did we stop our community
outreach just because we got
planning commission approval?
No, we did not.
We continued.
We continue to meet with
various individuals with also
the plenary group and
the environmental neighborhood
group.
We met at coffee shops.
We met with folks pro and
against.
We stuck with it.
We did not walk away from our
passionate D.R. Horton which is
to provide quality home
ownership to the city of San
Diego.
We could have walked and many
competitors would've said
Forget this madness.
We're out of here.
We stuck by our guns and these
people behind me, they know
that.
Do they like me?
Probably not.
But they can't say for a moment
that we did not do our business
in terms of community outreach
.
Now we're here actually.
>> We're here not just to
represent another home
proposal.
We are proud that we represent
18 over 18 land use policies
established by this city.
We're proud of that.
Next slide.
We're proud that we were able
to comply with a number of
very, very technical policies.
But I particularly proud of
what I've highlighted here in
yellow.
The top one and I bring
emphasis to it.
We're helping the city of San
Diego with their goal of
reaching over 109,000
residences of which you've
achieved a lot over 36,000
homes.
Well, aren't 23 doesn't seem
like a big number.
Every home counts.
And I'm going to quote one of
your council members I can't
remember who it was but it
resonated with me.
And you can raise your hand if
you recognize this quote.
Every new front door built in
the city of San Diego affords
an opportunity for a family to
walk in and that is our
passionate D.R. Horton and
we're pleased to share that
passion with that city that
moving forward we have another
land use policy It directs
the city to efficiently use on
Remain property for residential
use at a minimum at densely
stated and the code.
We appreciate that that
the last one I think has really
good.
Simply provide homeownership to
all to young big families and
small families bring
homeownership to a wide variety
of folks.
>> Next slide please.
>> Early on we were challenged
with compatibility and this
chart was produced by empirical
data and it clearly shows west
of 60th Street.
86% of the existing laws are
under 10,000ft.
50% are between 5 and 6000ft.
There is no question that our
law sizes our architecture, our
homes and our community are
very much compatible with
the existing community.
And let me say this for
the record building infill
development is one of
the toughest types of
development any developer can
experience because we have to
listen to the community.
We have to pay attention to
the rules and regulations.
We have to draw up our
proposals to be compatible.
That's not an easy feat But we
started months in advance by
photo documenting the existing
neighborhoods so that we could
produce a project compatible.
Next slide please.
>> One of the more prominent
issues raised of this project
has been drainage and I will
not go into the level of
technical levels But I will say
this.
Think of our project as a
tabletop in your home.
The existing condition which is
uncontrolled drainage flowing
off the north, the south and
the west slopes.
When I say uncontrolled there
is no measures to collect
drainage.
Presently that's not what we're
doing.
>> Through the review of your
city staff they have approved
our drainage plan which reduces
the flows by upwards of 86% on
the south, 84% on the north and
up to 84% to the west.
How do we do that?
It's real simple.
The same tabletop we now have
streets curb gutter and we have
bio filter basins on site to
collect the water.
The water then is collected and
disposed into city cisterns.
We met the requirement that we
stop at Midland.
Just a requirement with this
community.
No we did not.
We continued to say Let's go
further.
And by that I listened to Kenny
Keyes.
I listened in his neighborhood.
I listened to his neighbors and
they didn't like what was done
years ago.
They had a culvert installed in
their private backyards not
maintained and they were
fearful that this project would
inundate their project.
Not true.
We agreed that we would install
yet another village so that
whatever remnant water would
come off that would be
intercepted by that ditch.
We weren't required to do that
but we are doing that.
And by the way, we're
maintaining it.
Not the city.
Not the community.
Our hoa The same holds true for
the North.
They have a little different
situation.
They actually have an inlet
system that collects the water
and disposed it into the system
which good for the south.
It's good for the north.
We're doing the same there.
My point is in conclusion on
drainage we're improving
substantially.
The drainage conditions and
we're proud of that.
Next slide.
In conclusion, I want to take a
moment to talk a little bit
about the company I worked for
for 27 years and I'm proud of
that.
But I'm more proud of John
Horton who founded our company
with a few dollars in his
pocket.
He was raised in a home with no
utilities, no water, no sewage
.
They were so poor that they
had to live on top of a
jailhouse county jailhouse with
his siblings.
His mother made $0.50 a meal.
Do not tell me that anyone with
a golden spoon at D.R. Horton.
We work with some of
the greatest team members of
our company and he grew that
company today under one thing
and one thing only.
He remodeled a small house in
Arkansas and he felt so much
pleasure.
He would bring home ownership
experiences to many that single
man with not a couple of
hundred bucks in his pocket and
a cell phone the size of our
shoe grew.
A company to be the largest
homebuilding company in
the United States.
>> I wish that man well And his
dream today lives with all of
our employees lives with me And
I'm sharing that wonderful
experience with you because I
know this city to appreciate
homeownership.
It's a thrill And I'm not going
to take anything away from
the opposition.
>> And in closing, everyone
deserves homeownership in
the city of San Diego.
Thank you very much.
I will be available for
questions.
All right.
Thank you.
So with that we've now heard
from the appellant, we've heard
from the applicant and we will
proceed with public comment and
I will extend a courtesy as
council PRESIDENT And invite
supervisor Monica Montgomery
Step to start off.
>> I believe you requested five
minutes.
Yes.
And someone left their phone up
here So if I okay.
>> Thank you so much Council
PRESIDENT And thank you for
allowing me to speak.
I am here to speak today in
strong support of the project
that we are discussing here
today and I'm asking the City
Council to deny the appeal.
I support this project because
it will enhance the community
of District four and provide an
opportunity for first time
homebuyers throughout San Diego
which is very rare these days.
The project contains 123 single
family homes and that means
there will be 123 families that
will be able to provide a home
for their children.
A family legacy and family
stability like my grandmother
did for her children albeit in
the latter years of her life.
And like my mom and dad did for
their children.
My motivation in supporting
this project lies in
the principle that I want
others to have access to
the same opportunity that I had
in life a chance to grow up in
a home that I knew would always
be there for me to dwell in.
The project also abuts
the Emerald Hills Neighborhood
park and includes four pocket
parks on the property along
with the widening of 50th
Street which I've driven down
almost my entire life And it
has never changed.
500 trees beautiful landscaping
13 affordable rate homes on
site water quality treatment
facilities, public pedestrian
circulation and trails and a
secondary vehicle emergency
access drive.
Many of these amenities were
added at the request of
community members and the ideas
came from community to discuss
and that the District Court
office insisted on and the D.R.
Horton engaged in.
When I ran for the city council
office I knocked on a lot of
doors in my community and
the feedback was consistent.
My neighbors wanted more
economic opportunities.
We know that a big part of
economic and economic
opportunities are homes
especially these types of
homes.
They provide more customers for
neighborhood businesses and
increase their property tax
base.
I also distinctly remember
hosting a forum and discussing
Measure a an affordable housing
bond measure that was on
the ballot in 2020.
One community member challenged
me at that form and asked me
why does the focus always stay
on low income housing?
What opportunity These are
there for those of us who want
to own a home one day.
Those words stuck with me.
And during my time as a city
council member the District
four office prioritized
homeownership by way of first
time homebuyer programs,
downpayment assistance and
credit repair programs through
the Reinvestment Task Force
which I co-chaired.
We became one of only eight
cities in the entire nation to
receive a Wells Fargo Worth
grant to supplement our
downpayment assistance programs
at the San Diego Housing
Commission.
This project puts that advocacy
into action.
It makes what we do real and
tangible, not abstract.
That's why I strongly support
the project.
Footnote seven is being used as
a pretext for people who one
wants to demean the current
leadership and to don't want
this project in their backyard
.
I understand that everyone has
a right to feel the way that
they feel and I acknowledge
that.
What has been disappointing is
the lack of professionalism,
harassment and lack of ability
to hold a decent fact based
conversation about this project
and other issues in our
community.
That's why I thought it was
important for me to come here
today.
I want to address my role
community sentiment and images
like this that are deeply
rooted in racist history and
use as a humiliation tactic
that have been promoted by
the opposition.
I thank the Council for
repealing Footnote seven.
I sat in that seat and voted
for the land use code updates
that included Footnote seven.
Back in 2019 At that time
community feedback though
limited supported the function
of the footnote to reduce
the minimum large lot size
because they knew it would
drive economic opportunity.
They also understood the impact
of large lot size minimums
keeping hardworking people of
color out of neighborhood aid.
>> However, I do agree that
minimum large sizes should be
reduced in the additional seven
San Diego neighborhoods out of
over 100 that it still exists
in so that there is no
neighborhood in San Diego that
have minimum lot sizes of
20,000ft.
Because history tells us that
lot sizes of that magnitude are
wrapped up in inherent racist
land use policies that have
been used over our country's
and our city's history to keep
people of color out of certain
neighborhoods.
So the question becomes while I
support a policy in any
neighborhood especially my own
that has been used against
black people like me.
And the answer is I wouldn't
and I won't.
Not now.
Not ever.
And why would anyone produce
and promote demeaning images
across the Internet Because of
racist undertones The same
process undertones that exist
in large lot size minimums.
So if you know your history it
makes sense If you don't.
I hope you learn it today to
close this project is for
the future.
The future is now.
We are charged to provide a
vision for the city.
I envision a city where every
person have a roof over their
head and provide for their
families.
This project is a part of that
vision.
Please vote no on the pill.
Thank you for your time.
>> All right.
Thank you.
Council Supervisor Molly
Montgomery step for taking time
out of your busy day.
So with that we will now
proceed with the rest of
the public comment.
And our city clerk will explain
the steps going forward and you
know, you've been pretty well
behaved.
We're going to conduct
ourselves with civility.
You're going to hear things you
like.
You're going to hear things you
don't like, maybe even a.
But I think everybody's had a
we want to hear from everybody
whatever your point of view is
and I think we can conduct
the rest of the hearing with
civility going forward.
I think that'll be I mean you
throw that out there.
>> Okay.
Do you want to challenge
the disruption of that I
outlined at the beginning?
Let's let people speak.
You MAY agree you MAY disagree
.
It is disruption of the meeting
that I am particularly focused
on.
That's been my credo for
the year and a half that I've
been honored to be council
PRESIDENT.
Let's get on with the meeting.
We have a lot of talk in front
of us.
We have what six group
presentations So that's a good
46 minutes right there plus any
individual speakers We got a
long way to go.
All right, City clerk, please
explain what happens next.
Thank you.
Council PRESIDENT For
the record I would also like to
note that this item received 28
comments in favor and four
comments in opposition b r e
comment form which have been
distributed to the Council.
We will begin the public
comment period with organized
presentations that were
submitted via the city's
organized presentation web form
An organized presentation
requires all listed participant
to be present and raise their
hand if all participants are
not present or do not raise
their hand, the allotted time
MAY be reduced accordingly we
will begin with in-person
organized presentations and as
noted earlier we only received
in-person requests.
>> There are no virtual
organized presentations today.
You make sure that people who
signed up stay number of
people.
Yes If you did sign up I will
be calling your name when that
organized lead presenter comes
up and you need to raise your
hand at that time If you are
not here at that time the time
of the lead presenter will be
minimized.
We will be starting with Hazel
Higgins.
Hazel Higgins If you can come
up to the microphone you have
Michael Sowers and Billy Carter
that are on your participant
list.
Can they raise your hand?
One is Michael Solis Are you
Michael's?
I was Billy Carter one of your
speaker.
I only see one hand raised.
I'll ask Kenny he Victoria
Brazeau, Andrea Head Tara, Mary
Young and Thomas Melanie to
please all come up to
the yellow reserved seats at
the front of the room for Hazel
you have Michael and Billy
Carter.
I still only see those two
Michael and Billy Okay you'll
have three minutes.
Please proceed before you
start.
I'm sorry you don't have to
come up If you're seating your
time to the organized
presentation you can stay
seated and stay comfortable If
you want to come up and join
the speakers you're welcome to
do that.
>> But you don't need to.
I just need you to raise your
hand And my apologies for
jumping in but please proceed.
You want me to begin?
Yes, please.
Thank you.
My name is Hazel Higgins.
It is ironic that some 47 years
ago I stood in this council
chambers to request that
the designated adopted open
space abutting this property
not be allowed to take away our
open space car out of use and a
mobile home park was predicate
was there that was designated
for the designated adopted open
space abutting this property
and the 70s and 60s the Encanto
task force petitioned the city
to rezone certain Encanto
properties r 110 r 115 r 120 We
asked for that.
>> That's where we lived.
>> We wanted our lawyer.
We wanted our Point Loma and
our community.
>> We asked for their I'm black
is black can be I asked for
that with the Encanto test
force I'm 88 years old not dead
yet Most of my friends are
cannot speak against what
the previous speaker said We
asked for that.
We asked for 120 an r 120 lots
because we wanted big lots as
open space CHAIRMAN When
Proposition c was passed at
Witness for p r these
immediately submitted for our
designated adopted open space
like these fine people who want
to help us I wish they would
quit helping us in
the Southeast community.
My credibility is substantiated
by MR. Jan Kosky and
the Association of Government.
He writes me a letter thanking
me for my input as open space
CHAIRMAN.
He's tells me he could not have
completed his projects without
my input.
>> Juan talk about Card not
abuse which abuts this
property.
The site was an Indian burial
burial ground.
It was designated adopted open
space through property agency
It boasted 550 endangered Cox
by our cactus that were birds
of many species and when it was
presented for open space two
for purchase it appraised $2
million 5.39 acres in southeast
San Diego.
My property was like 12 to
$20,000 for an acre but this
property so that we could not
price ourselves out of this
open space appraised at $1
million So the city did not buy
that land.
That land was lost worth 5.39
acres of designated adopted
open space and the community
plan if there is an
environmental impact report.
>> Thank you for that
concluding comment that does
include your time for
the organization mutation.
Next we have Kenny Key If
the following individuals can
please raise their hand Daryl
Johnson.
Daryl Johnson I don't see a
Gerald Johnson raising his
hand.
Stephanie Overstreet.
Stephanie Overstreet I don't
see a Stephanie Overstreet
raising her hand.
Darlene Simmons thank you.
Kathy Caraway Thank you.
Carl Davis.
Carl Davis I don't see a Carl
Davis raising his hand.
Cynthia Santos thank you.
And Joseph step Thank you.
That is five minutes and you
have your presentation that
will go up.
>> Yeah, because you're going
to start the time Once I start
talking I wouldn't play that.
Okay, we'll play it.
But I just want to say well
it's playing that I wish I had
that much energy from Super
card supervisor for us No
communities I just don't
understand how she's being so
aggressive and for developer
that blew me away People out
there watch this video.
This is the this is not just
Kenny this is a bunch of us one
representing as part of this
organization It was founded
because of pushback time for
this crazy developer yelling
please you guys I want you guys
to weigh in with us and connect
with us.
This is an election year Today
I stand before you not just as
a resident, not just as a
veteran, not just as a
community advocate.
I stand here as someone
fighting for future generations
because this land is more than
dirt.
It is more than real estate.
It is a diamond in the heart of
San Diego.
Shame yourself.
No it is Monica who is
possessed conspiring with
the horn ball questions Be
transparent to push this
through.
It was asking us to put Node
seven No no to change it only
to get this project It was
changed.
We had no say in these
questions.
Okay hold on Wait Before you
put t on a target five year to
come up here Finally things
that should concern every
resident of San Diego.
Now you got covered up.
What political party Smith This
is the last chance for us.
I was gonna grab one.
This was last week.
We got this ridiculous that we
now were told not time was far
as you guys just keep
dismissing or saying we've got
to eliminate everything was
repealed within 2000ft of this
prize Footnote seven was how
you got I don't say you care
about our kids Our streets are
safe to three one bending over
backwards to make some kind
fair questions.
>> Those are reasonable
questions Housing policy should
not be dictated back to have
answered promise Did this
company accept The company
didn't elect me.
We elected You represent us.
How dare you dismiss Mr.
Forbes?
What do you feel?
Controversy.
You don't need to be reelected.
We got somebody else demanding
that cares about us.
>> The Are you proven Could
have shown your hand.
All of you got themselves
caught every year And in
NOVEMBER we're going to deal
with Joe Land is gone.
It is up for election.
We're going to deal with Joe
for dismissing us.
This is ridiculous.
We should not be fighting.
You got money, money, money,
money.
>> What is this promise?
Let's be honest.
Do you Ivory Coast But San
Diego That's what we want.
>> Imagine bending over
backwards for this developer
for Park Imagine Observation
Towers is our vision City
Imagine museum You refuse to
look at it.
You refuse to show it on tv.
Imagine you show your
television audience for
the last four years and
community events We got to
fight our COUNCILMAN That
kicked me out of your office
disrespect me publicly and my
mother never apologized to
the people of San Diego.
Yeah.
You apologize to me.
Yes.
That we deserve way better
raise city's And I should not
be arguing You should be
focused on his because I love
him Hills And this is a $100
million property in revenues a
year younger Watching your
Hawks blueprint think getting
your no money no return We need
long term investment in South
San Diego you know, minus my
money.
>> Oh Earth you guys this is a
puppet show we watch on their
screens.
>> Think about We are tired.
It's his puppet show Represent
us Stand for the will of
the people D.R. Horton So deep
now we're told to watch as
these applications were deemed
complete stupidity was repeat
of our answer like
the footnotes Look at our
vision Why was it repealed?
>> Give us some Look at us what
you see how long we've been
coming in here And it's
the same question now keep
dismissing me those questions
the years I've lived up to 50
years simply because I'm
retired county employee, I'm a
community activist and I'm
thinking about kids the future
in that park, the juggernaut
economic juggernaut If you guys
you just open your every last
one You all need to go out
there and visit the work.
Let them go up here.
Don't they need to go up there
and didn't have to do take that
view it and you guys do see how
you guys almost messed up and
the diamond to get away from
San Diego You control
the permitting process you
control How are you going to
say you ain't got the power?
We don't have developers coming
in our city telling us what
they're going to do.
>> I'm gonna do this here.
You know they're going to come
to you for your stop bound over
to them and we're begging you
to stop it.
>> Thank you for that
concluding comment.
Next is Victoria La Rosa
Victoria you have Time City you
have the participants.
>> I'm going to get that out of
my mouth.
Participants listed are William
Crookes and Paul Kruger.
You'll have three minutes.
Please proceed.
Thank you.
Good afternoon.
Council members Council
PRESIDENT My name is Victoria
Lorusso and I'm with the cpc.
We are commonly today because
this appeal reveals something
much larger than the project
itself.
It's about confidence in San
Diego's planning process.
>> By the time Choice Valley
cpg began asking fundamental
questions about Footnote seven
why it existed, what planning
purpose it served and why it
applied to only two
communities.
It appears the process for this
project had already moved too
far forward to have any impact.
That's a problem.
>> Those questions should have
been answered long before they
reached this Council and
demonstrates exactly why CPGs
remain an essential part of San
Diego's planning process.
Footnote seven has become much
more than a municipal code
footnote.
It's become a symbol of
something many communities are
increasingly mindful of that
significant planning policies
are being developed without
transparency, without context
and without making use of
the industrial knowledge that
exists within the cities and
communities.
If Trails Valley cpg had been
invited into the process at
the beginning Yes singled out
during the Land Development
Code update that specifically
affected them.
Had they been given their seat
at the table we might not be
here today.
Instead the communities to
the communities This is
the appearance of a backroom
deal rather than an open
transparent process.
If the policy reflected in
the footnote seven had instead
been considered through
the normal Community plan
amendment and rezoning process,
it would have involved a more
deliberate public discussion
greater transparency and direct
council review.
Yes, this process takes more
time.
Yes it cost the applicant more
money.
>> But those processes exist
for a reason.
They allow communities,
applicants and the city to work
through difficult planning
questions before anyone becomes
locked into opposing positions.
Instead we're here today trying
to answer those questions that
benefits no one.
This appeal demonstrates
the values of CPGs throughout
this process, Toilet Valley had
demonstrated thoughtful
leadership a commitment to
understanding a complex
planning issue and a deep sense
of responsibility to
the neighbors they were elected
to represent.
Community planning groups are
not simply another opportunity
for public comment.
They are the city's established
community planning bodies.
They understand the community
plans.
They understand their
neighborhoods.
A planning process should never
leave communities asking
fundamental questions about a
significant policy only after
it's too late.
This is how trust is lost.
Rebuilding that trust begins
with giving planning groups a
seat at the table to the policy
conversations earlier sharing
planning context openly and
making better use of
the institutional knowledge
that they provide.
>> When an appeal raises
questions that reach beyond one
project and into the integrity
of the process that concludes
those questions deserve our
time concluded.
Thank you.
Andrea had ever Andrea you have
several people on your
participant's list.
If they can please raise their
hands.
Can one please raise your hand?
Maria Conrad Lorna Lucas Thank
you.
Alex.
Don Houston.
Peter Walden.
Susan Baldwin.
>> Paul Paolo.
Connor Richter.
Lisa Barron.
>> Nigel Brooks.
Margaret Brooks.
And Scott.
Dave Nicola.
Yes.
Scott Case.
Mark Santos.
Event Porter More.
I do not see a hand for about
Porter More.
>> Yvonne Jones.
Catalina Arena.
>> Carson Escobar.
Angel Phoebus or Phoebus.
And Jeanette Clover.
You'll have 15 minutes.
Please proceed Before I begin
my land use remarks I want to
preserve one procedural matter
for the record.
>> I ask that the Declaration
attach to all photos excerpted
from video planning department
email city clerks JULY six
email with notice recipient
lists and written notice and
due process statement be
distributed to Council and
incorporated into the record.
The underlying video footage
was submitted into the record
on Sunday JULY 5th at 8 A.M.
Consistent with instructions
provided at the time.
I have submitted a declaration
under penalty of perjury
attesting that the attached
images were taken from video
footage recorded on JUNE 29th,
2026 after 2:30 P.M. Showing
the absence of the required
appeal hearing.
Not signed at the project site
at least one day too late by
law.
I have also submitted
the Planning Department email
stating that correct appeal
hearing finds was not posted
until JUNE 30.
Although the hearing notice was
publicly posted on JUNE 22nd at
least two days later by law on
JULY 6th at 2 P.M. Exactly 24
hours before this hearing
the city clerk produced
the notice recipient list to me
for the first time.
The interested parties list
included my physical mailing
address yet I did not receive
mailed notice.
>> I understand counsel MAY
also hear testimony today from
other affected persons who did
not receive mailed notice that
raises unresolved compliance
issues under San Diego
Municipal Code sections 112
0301 and 112.0304 including
the required posting mailing
and verification of notice.
These issues are not harmless
if founded notice is what gives
affected residents time to see,
prepare, organize, submit
evidence and participate that
would matter in any district in
San Diego and that includes
District four.
I ask Council to continue
the hearing or take the matter
off calendar until notice
record is complete and legally
meaningful participation has
been provided.
I also want to be clear that
the community is not abandoning
the footnote seven issue in
the Klauber appeal.
Council member Ken Peel called
Footnote seven a poisoned tree.
This proposed project grows
from that same tree.
With that preserved I will turn
to issues of this project for
particular record council
members.
This decision is about scale
and scale determines
trajectory.
Scale determines whether
the site functions as a
generational infrastructure
generational infrastructure or
becomes another isolated
subdivision placed into a
community already disordered by
generations of public and
private disinvestment.
District four is already one of
the densest councils in San
Diego and it has the worst
resource density ratio in
the city.
That means district four is not
simply under built.
It is overburdened and
under-resourced.
It has carried more than its
proportionate share of income
restricted housing and because
disinvestment suppressed
surrounding value even market
rate housing on this hill would
be discounted by the very
conditions the city has allowed
to persist.
That does not change trajectory
scale can This hill is the only
site in District four capable
of operating at that level of
scale and prominence its
elevation acreage and 360
degree vantage point make it
uniquely suited to function as
a regional destination not a
pocket park, not a neighborhood
amenity but a city wide draw.
You have been told that you are
constrained by state housing
law.
You are not.
The Housing accountability Act
applies only if the project
complies with all objective
standards In effect at the time
the application was deemed
complete.
The idea that every project
must be approved and that it
creates an unmistakable health
and safety hazard risk skips
the very first step of
the statute.
Whether the project complies
with objective standards.
That step matters here.
Staff says the community plan
allows up to 125 units and this
project proposes 123.
Staff also says the applicant
qualifies for a 5% density
bonus but is not using that
bonus density that bonus to
increase density.
So the question is narrow.
Can the legally protected
number of homes be physically
built on this site?
If objective standards in
the community plan are applied
or do the standards only
interfere with this developer's
preferred subdivision map
the objective standards that
issue are not big or mysterious
In this proposed project
the street frontage with corner
lot with like depth and
driveway curb opening limits a
developer MAY prefer 123
detached lot a particular
street layout a particular
pocket park placement a
particular open space buffer
particular driveway curb
openings particular lot
dimensions.
But density bonus law does not
protect every preferred design
choice.
It protects against objective
standards that physically
preclude the legally protected
density.
Staff's own report says strict
compliance could reduce
the project by 8 to 14 lots and
could potentially reduce up to
two affordable units.
But the report frames that as a
loss of maximization
development potential and
slightly out of preference.
That is not the same as a
finding that no compliant
design can physically achieve
the density protected by law.
>> If the record does not prove
that the standards physically
preclude the legally protected
number of units, 88 does not
compel approval.
Council is not bound to approve
this project now because you
retain discretion.
The next question is how that
discretion should be exercised.
This is not simply another
housing site.
This is the only remaining site
capable of changing the long
term trajectory of District
four.
We have had many council
members sit in that spot and we
are still in the condition that
we are in.
Denying this project would not
be arbitrary or unequal
treatment.
Equal protection protects
similarly situated applicants
from being treated differently
under the law.
But this is a discretionary
land use decision and this site
is not similarly situated to
ordinary development sites.
Council MAY evaluate this
application on the record
before it, including the site's
singular public value.
It is not merely the acreage it
is the combination elevations
sweeping views, regional
visibility, symbolic promise
and location and how much it
would affirmatively further
fair housing views of downtown
The bay, the ocean and
the surrounding mountains are
not cosmetic.
They are economic.
Even the applicant's own
presentation uses those views
to establish value.
>> That value should become
public value for District four
and the city at large.
They create the kind of
destination that could attract
institutions that usually
bypass resource communities,
satellite college campuses,
market rate, health care
nationally recognized
nonprofits, higher quality
retail and middle income
households.
There is no second sight
waiting in reserve if this hill
is subdivided.
The trajectory changing
opportunity is gone and because
this is a discretionary
entitlement the developer could
never guarantee that
entitlements would be granted.
Council's duty is not to
protect the private development
expectation.
Council's duty is to make an
independent lawful decision on
the record before it.
Now when I say District four
has been disordered by
generations of public and
private disinvestment I mean
previous I mean conditions like
this.
These are not side streets.
These are Euclid and Imperial
Avenues, the two most iconic
thoroughfares in District four.
One runs east west.
The other runs north South.
They shall warn commercial
frontage abandoned and deface
commercial properties.
Harsh heat island
infrastructure.
A weak pedestrian environment.
Corridor Conditions that
suppress value rather than
attract it.
Ordinary subdivision ad units
into that disordered landscape.
It does not reverse it.
Southeastern San Diego has
carried a disproportionate and
shameful share of the city's
very low and extremely low
restricted housing obligations
That imbalance became serious
enough that the city settled
the Baker case.
But lesson is not that
affordable housing is bad.
>> The lesson is that
concentrating income restricted
unit to low resource
communities before building
capacity around them does not
produce opportunity.
It does not affirmatively
further fair housing.
Matthew Desmond made that point
plainly in his book Poverty by
America.
Concentrated poverty Choked
opportunity from Children and
Families.
And District four is not
experiencing that concentration
by accident.
District four has roughly two
and a half times the citywide
percentage of black residents.
The disadvantage created by
the concentration accrues to
everyone who lives there across
race and ethnicity even when
their long term trajectory is
different from that The black
residents.
Housing is not just rooftops.
>> People do not live only
inside four walls.
People live in communities and
opportunity is not abstract.
It shows up in years of healthy
life educational attainment,
income of children matured into
adulthood, institutional
presence, quality retail and
whether children grow up
surrounded by signals of
investment or abandonment.
We have produced units.
What we have not produced is
capacity.
Capacity before density is
the principle here Capacity
that signals stability to
businesses and institutions and
to attract a broader income
mix.
If density alone created
resources, District four would
already be one of the best
served communities in San Diego
.
>> The data confirm what
residents have lived for
decades.
District four carries high
density with almost no resource
capacity underneath it.
Look at that bar graph.
Among all nine council
districts, District four has
the lowest resource density
ratio.
This is why the answer cannot
be more density on the one side
capable of building capacity at
scale.
I expect you MAY hear about
recent improvements that have
been made.
The mlk Pool Murray Whitman
Park The Skate Park Community
Stewardship.
I welcome every one of those
investments.
But improvements are not
the same as transformation.
A renovated pool does not
replace the 31 acres.
A skate park does not.
Resident Stewardship Grants and
plans do not.
Nor do frontage improvements or
60th street widening Replace
these 31 acres.
Those investments matter but
they are incremental.
This hill is structural.
Residents have been asked to
trust assurances before on
Klauber counsel was assured
that the required public notice
had occurred.
But the staff report did not
contain the proof in its
response of public records
Later showed that the developer
certification of proper public
notice was blank and unsigned.
That history matters today when
staff now said it leaves no
discretion.
The record has to support that
claim here.
The record before you does not
.
>> Once residential
stakeholders are introduced,
scale is foreclosed.
New homeowners gain standing to
challenge grading programing
lighting traffic Every future
effort to assemble a regional
park that is citywide and
tourists draw the lay becomes
attrition of land and will be
energy.
A working class volunteers in
the community including those
on community planning groups.
Attrition becomes a permanent
loss.
The city can mitigate another
facility.
The city can fund another
improvement project but
the city cannot recreate or
relocate Towers Hill once it is
gone.
Granting the appeal should be
the beginning of
the preservation pathway, not
the end of it.
Council should direct staff to
return with options for
acquisition conservation
funding and a possible value
exchange framework including
work with other levels of
government regional park
partners, land trust
conservancies philanthropic
foundations and public private
partners.
Councilmember Foster You can
bring this home for District
four and when you make that
move the beloved community DR.
King called us toward will
stand behind you.
Each of your names will be
entered into history as a
result of the vote on this
project.
The question is how will this
be The council that permanently
locked District four into
the continuing legacy of
redlining?
Or will it be the council that
finally came to terms with that
legacy and created a mechanism
to save countless years of
healthy life of the now living
and dead unborn due to more
than seven decades of
disinvestment?
The city has allowed to
continue.
Council members We ask you to
grant this appeal.
>> Our next organized
presentation is Mary Young.
Mary Young if you can please
come forward to the lectern.
You also have several speakers
on your participant list or
several people on your
participant list.
You can please raise your hand.
Bunch McCray Thank you.
Hondo Hamill you're here.
Madison Campbell Kaye Thomas Oh
yeah.
Dorothy James if I can ask you
just to put that down for one
second so I can see the other
vertically challenged.
Dorothy James Thank you.
Becca Battista.
Bobbie Battista.
Bobbie Battista okay.
Thank you guys.
Battista.
Sean McHenry.
Oh, okay.
Maverick Garcia She fit.
Maxwell in.
Thank you.
Hank Kerins Hank Cairns I did
not see a Hank Aaron's.
>> Danielle Cannon You're kind
of here And Shania McPherson.
No, she's not here.
Okay, so that's one, two, three
or 4 or 5.
So you will have ten minutes.
>> Thank you.
Yeah.
Please proceed already.
Good afternoon.
Um, I'm really disturbed about
what happened earlier and
probably the first time that I
ever felt disconnected from my
community.
Official Good afternoon.
My name is Mary Young.
I come from a community of
greatness.
>> I am here to honor that
legacy and to remind you that
our history, our people, our
neighborhood deserves respect
for tection and a real voice in
decisions that affect my
family.
Story begins in Concord,
California where we lived in an
integrated field housing and my
brother attended and integrated
d o d school.
My father Worchester Duke Young
served in the us Navy.
My mother Sissako Young became
American citizen on SEPTEMBER
8th, 1960.
We had freedom, safety and
opportunity there.
But when my father was
transferred to San Diego
everything changed.
>> D.O.D. Housing was closed to
us Red lining shaped where
families and colored live and
racism followed us as we
searched for our home.
For a year every Sunday my
family drove through
neighborhoods looking for a
house.
Why?
My mother reminded villagers
that her husband had served in
two wars and that she wasn't
American citizen.
Eventually we found Rancho Zero
and Alta Vista a development
built for military families and
minorities.
Walking through that front door
felt like walking through
the gates of heaven where those
red lines we found a place of
dignity, safety and greatness.
So I want you to be sure that
this issue here is not about
housing.
>> The greatness is everywhere
in our community.
It is in neighbors like MR.
Robinson, a retired fire chief
and master gardener who talked
children about urban gardening
and protecting the earth.
It is in our Filipino Navy
families who advocated for Nye
Elementary School, one of
California's top schools 20%
that has 95%.
Minority enrollment.
>> It is about our Montford
Point Marines Congressional
Gold Medal recipients.
>> We have the majority of them
west of the Mississippi living
in the fourth District, the one
remaining it is about Maurice
Rafael Portela, Navy Cross
recipient who threw himself on
a grenade Marine ship named
after him.
For Morath excellence it is
about the graduates of Lincoln
and Morath who went on to serve
coach compete lead at
the highest level.
It is Willie Shaw's legacy.
It is more than athletes who
reach Major League Baseball's
legacy.
30 of them went to Major
league.
It is about Lincoln's football
legacy.
Number four in the nation's
produced professional players
we produce four Heisman Trophy
winner Jackie Thompson.
Olympian Monique Henderson,
Olympian and Ross King, a
retired nurse from Encanto who
began playing tennis at 40.
She is now ranked number one in
the world in doubles for her
age group excellence.
And even when our young people
face neglect, they still rose
to the occasion.
Lincoln High School football
players lost access to
the field because of floods and
had to practice outside their
community.
Yet they brought a championship
in home to their community and
their city.
>> Our planning groups reflect
greatness also.
>> Members from our planning
groups on their own secured a
voucher program to reduce
segregation and expand
opportunities.
Others have fought for the Fort
Freeway encroachment through
our community participated in
the concentration of poverty
lawsuit and continue to stay
engaged.
Even though we lost the power
support and investment of ac
dc, that's when the city just
rolled over us.
>> We listened to our community
.
We invite people in.
We stay engaged.
But too often the city ignores
our community plan opens
the doors to Predator investors
and developers.
They invite and write policies
and then fails to correct them
.
We are the people who know our
community the best.
>> We are the people who live
here.
>> We are the people who fight
here.
We are the people who carry
history forward.
We are your people, not policy
makers.
We are your people.
>> We are asking for a space to
honor our legacy and to show
our greatness the legacy that
belongs to the people who have
built it here.
We want you to protect it.
We want to continue to live it
again.
We are the people.
Please respect our history.
Protect our community and stand
with us.
Support the appeal.
Thank you.
Our final organized
presentation here in council
chambers is Thomas.
Melanie Thomas.
Melanie.
You have time.
You have a participant on your
list as Janet o'Dell.
>> You'll have two minutes.
Please proceed.
Thank you.
I'm Tom Delaney representing a
group of San Diego.
We support cpo by the planning
group.
I want to describe some of
the reasons why that appeal
should be upheld and
the decision of the Planning
Commission reversed.
First is footnote seven.
This fine print shows how far
dsd in the Planning Department
will go to fool the public.
The staff report focused on
the time three years ago when
the application was made.
They ignored a unique aspect of
Footnote seven.
It was inserted into the zoning
code improperly and was invalid
from the start.
I've submitted an attorney's
letter which explains that in
detail.
The lesson from footnote seven
is the residents of this unit
cannot trust the city staff who
work at the direction of
the mayor.
We do not trust those council
members who go along with every
bad project and every up zoning
program.
The mayor can think of even
after the city has provided
enough allowable capacity for
hundreds of thousands more
units than the forecast calls
for relying on a housing
shortage for all decisions is
becoming more absurd as vacancy
rates climb and property
managers offer rent discounts.
The second reason why you
should uphold the appeal is
the discretion nature of
the project.
The conditions of
the development permits have
not been met.
The findings cannot reasonably
be supported.
This does not require your
legal expert.
It requires common sense and
good judgment.
For one, it's apparent
the community plan calls for a
large locked development in a
rural atmosphere covering
the entire hilltop with this
project and using the last
sizable open space is not
consistent with the community
plan.
So this appeal should be upheld
and the project denied.
This will allow an opportunity
for city officials and
the community to work together
with the applicant for a
project which meets the needs
of the applicant and
the community.
Thank you.
>> Thank you.
>> This does include all
organized presentations for
item 331 that were submitted to
the Office of the City Clerk.
Will now move on to in-person
public comment.
We currently have 30 speakers
with in-person and virtual so
20 in-person and ten virtual.
If Zach DeFazio o'Farrell can
please come up to the lectern
to the microphone and if I can
have the following individuals
please come up to the yellow
reserved seats in the front
row.
Allegedly Audra Mohammad Omar.
Jesse Schmidt.
Manny Rodriguez.
Bruce Mabon.
Erika Becerra.
Andrew Hollingworth, Kathleen
McGloin, Eric Lau and
Maximilian Schmidt.
If you can all please come up
to the front row and then Zac
are you here?
Oh please come up to
the microphone and you can
begin.
You'll have one minute.
Yup.
All right.
Good afternoon, council
members.
My name is Zach DeFazio Farrell
and I'm the treasurer of
the Democrats of San Diego
County.
We urge you to deny the appeal
and approve Admiral Hill's
including his 13 affordable
homes.
First, the potential park
designation is aspirational and
not binding.
The Encanto community plan
itself states that identifying
a private property as a
potential park site does not
preclude permitted development
under the underlying land use
rezone.
The plan does not require
denial and expressly allows
this project.
Secondly, there is no park to
lose.
This parcel is privately owned.
The city never purchased it,
never funded it and never
offered to acquire it.
Denying these homes does not
produce a park.
It only produces no homes.
San Diego desperately needs
housing, especially affordable
housing.
Please deny the appeal and
approve Emerald Hills.
>> Thank you.
Allegedly.
Audrey, if you can please come
forward.
>> I need to call a point of
order because this hasn't been
properly noticed.
Like the item that you guys did
yesterday with the Southwest
Village.
You can't continue when these
are not properly notice to
the public because you're
circumventing the will of
the people.
When you don't do that and so
you cannot continue legally by
even accepting the appeal or
not you have to properly
notices So you're
disenfranchizing all of these
people by not following the law
as far as what you need to do
to bring these projects
forward.
So it's very concerning that
you guys keep doing this and it
seems like obviously if it's
not something that people want
then you don't properly notice
it so that they don't have an
opportunity to come in and make
sure that things are done
legally.
>> I hear your point of order.
The allegations are it wasn't
properly noticed.
The city believes that it was
properly noticed.
There are other avenues for
people to pursue but there is
every evidence that it was
properly noticed.
So we'll give you your minute
back.
Thank you.
The project It's unfortunate
that you know, people like
Monica and Henry will be
sitting here and using
the black and brown community
acting like you really care
about them when you actually
gaslight them in your pursuit
to bring forward a project.
So I would suggest that you
quit doing that to your own
community because it is a
disservice to them And it's sad
because it's like if you guys
cannot comply with properly
noticing things I mean I had to
hold you guys accountable for
having it being a quorum and
now you do.
But I was almost arrested three
times for bringing that point
of order.
So you guys need to respect
the people that come in here
and this is their community.
They have said no.
You have developers that come
in and people who are supposed
to represent these communities
and you guys are basically not
giving a about what they have
to say.
You're not doing it legally And
so I suggest that you guys take
proper legal action to not even
allow any of this to continue.
>> Your time has concluded.
>> Mohammed Omar.
>> Hi, my name is Mohammed Omar
and I'm speaking on behalf of
Partnership for the Advancement
of New Americans, a member of
the coalition for Equitable
Development in support of
the Emerald Hills Housing
Project San Diego cannot solve
its housing crisis without
building more homes and we
believe this project represents
an opportunity to add much
needed housing to our city
supply.
This project also adds
infrastructure street
streetlights and storm water
basins.
We appreciate that the project
includes deed restricted
affordable homes which are an
important part of ensuring that
the new development benefits a
range of San Diego.
This is also adjacent to
Emerald Hills Park and a school
which has a potential joint use
space to double as a park.
At this time we strongly
encourage city and
the developer to continue
exploring.
At the same time we strongly
encourage the city and
the developer to continue
exploring opportunities to
strengthen their project
Affordable City.
While we while we understand
today's hearing is focused on
the appeal before the Council.
>> Thank you.
Thank you for those comments
Jessie.
Many.
>> Good afternoon Council
PRESIDENT Council Members My
name is Jesse Schmidt and I'm
speaking on behalf of
the Coalition for Equitable
Development today a coalition
that represents nearly 20
organizations across the city
of San Diego.
St Let's let's tether this
conversation.
>> In fact, San Diego cannot
solve its housing crisis
without building more homes And
we believe that this project
represents a rich opportunity
to add much needed housing to
our city's lacking supply.
This project also adds
infrastructure, street lights
and stormwater basins all
issues that we've heard
the community asking for today.
We appreciate that the project
includes deed restricted
affordable homes which are
absolutely an important part of
ensuring that new development
benefits.
A range of San Diegans At
the same time we strongly
encourage the city and
developer to continue exploring
opportunities to strengthen
the project's affordability.
What we understand today's
hearing is focused on
the appeal before Council.
We hope that this project can
serve as an example of how
market rate development can
also contribute more
meaningfully to our city's
affordable housing goals.
>> Thank you.
Manny Rodriguez You know good
afternoon council members.
My name is Manny.
I lead at the nimby Democrats
of San Diego County and as
the progressive advocate before
me had mentioned the city
cannot solve its housing crisis
without building more homes.
I won't belabor that point but
I will share that I looked at
the us Census Bureau's website
and I thought that it said
approximately half of adults
aged 18 to 34 in this zip code
still live with their parents.
I'm from the county.
Most of the friends I grew up
with still live with their
parents or they moved out of
state.
These homes provide a great
opportunity for people in
the community, people in
the city to move in and build
that homeownership and build
those roots in their community
and to, you know, move out of
their parents home which is a
lot of people my age
desperately want to do.
So I urge you to approve these
homes to approve new
opportunities for people 18 to
34 to have their own
homeownership, a place to build
wealth and a place to grow a
family.
Thank you very much, Bruce
Mayberry, Bruce Mayberry going
once most Bruce Mayberry, Eric
Becerra I don't see a Bruce So
Eric you can come up.
>> Hello guys.
First of all I want to thank
all my neighbors here,
especially the neighbors with
all the young kids.
It is extremely hard for us to
take time off and be here.
So thank you guys.
Now this footnote seven How did
the developer know before we
knew right?
How did they know Remember
guys, was this something that
was put in there and we need to
hold the law right?
So how did they know what's
good?
What's going on?
Are you guys going to prove
something that later on when
the truth comes out it's going
to be like oh man, we made a
mistake.
Is that what's going to happen
right now?
You guys You guys have
the power to make San Diego
great.
Make it better.
You know, just imagine back in
the days what if what if they
voted to bow down by
the ballpark and put home their
right.
>> Earlier Sage Oh thank you.
Andrew Hollingworth I have
Kathleen McLain after Andrew
Hollingworth Andrew
Hollingworth Are you here?
Andrew Going once?
Andrew Okay Kathleen if you can
please come forward and if I
can ask the following
individuals to please come up
to the front row.
Eric Lor Maximilian Schmidt
Alan Conrad Patricia
Montgomery.
Ellen Walsh DR. Ethel Sims and
Ozzie Men's Manassas If you can
please come up to the front row
Please proceed when ready?
Yes.
Good afternoon.
Council members.
I'm a plaintiff in the Baker
settlement opposed to
concentrated poverty in low
resource areas.
Remedies focus on rebuilding
infrastructure, housing equity
and neighborhood wealth.
I read the city on this side
for 20 years then sold that
decades ago as surplus property
to meet budget needs.
It was a paper park that dph
would fund in future years.
These fees didn't accrue
because of lack of balanced
income Housing couldn't sustain
an economic hub and tax base
choice Valley is owed this
scarce land for the public
good.
Consider a park bonfire
financed by the city different
Unlike other resource areas we
were denied the opportunity to
generate this revenue over
decades to pay for our
infrastructure this year Please
support the appeal to invest a
new in Choice Valley.
>> Thank you.
Thank you Eric Long.
>> Good afternoon.
Council members Eric Lau from
San Diego United Communities
here in support of the appeal
that's the bottom line.
What we're here to support is
writing the injustices that
have gone on for this century
of shame.
This community of concern lies
behind the traditional red
lines.
They have a shortage of
resources.
We know that they have a
shortage of resources.
The park is a resource They're
supposed to get prioritized
diff funds.
That's why the mayor
consolidated dip funds so they
could fund parks especially in
the communities of concern and
yet we're seeing the opposite
occur here.
We're seeing gentrification for
displacement here.
This community he was promised
in 2015 a park on the Hill It's
a beautiful hill.
If you haven't been there go
see it.
Thank you for that statement.
Maximilian Schmidt Maximilian
Schmidt I don't see him here.
Alan Conrad if you can please
come forward.
>> I'm here in support of
the appeal and I also want to
just bring a little clarity
about accountability.
The people guys get to talk
about Footnote seven was more
than just not best practices It
was illegally placed there by
some of you and some of
the lady that was here was a
conspirator of this and those
should have consequences.
Those illegal acts should have
consequences and the natural
consequence of these illegal
insertions of code is that
the things that are passed
under that code should not be
allowed to continue.
>> It's really simple.
>> Patricia Montgomery Patricia
Montgomery are you here?
>> I am here I am Patricia
Montgomery and I am here in
support of the project because
I live in the community and I
like to see growth.
I'm 70 years old and over that
period of time change comes.
It's come to me.
Things change and I'm hoping
that things will change for
the better.
>> I'm hoping that people in
the community will have
the opportunity to not just
live in an apartment or a
rented property but that's
owned by someone else but be
able to go and purchase their
own home.
>> Single family home We mean
single family development and
our area.
It's nothing wrong with that.
And Monica Montgomery Step
loves the fourth District.
>> The whole fourth district.
>> She loves them all.
For that concluding statement
what is right for average eight
When your time comes for this I
need to be fair to everybody.
Lisa Sorry Catalina, if you can
please come forward.
Catalina Arenas my staff is
going to speak with you after
that.
Ellen Walsh if you can please
come forward to the microphone.
Ellen Walsh, are you here?
>> Ellen Oh my apologies.
Yes.
Now you can speak.
Hi, I'm Ellen Nash.
I'm a lifetime resident of
southeast San Diego.
Also my family home where I was
born and raised is enjoy this
view.
I want to say that that I have
listened to all of
the wonderful presentations by
the residents of District four
particularly of Emerald Hills
which is one of the most
pristine areas that growing up
there enjoy this view that I
look to Emerald Hills as one of
the most beautiful areas that
we've ever seen.
We were always proud of that
area and I want I do support
proceeding with this project.
It is necessary.
I am a mother of three grown
children who cannot afford to
buy a house here in San Diego.
We need housing.
We I'm going to say that again
We need housing in San Diego.
We need housing in southeast
San Diego particularly for
those mothers like myself who
want my kids to stay in.
Thank you.
And I think we need housing for
your time.
Please support this.
Thank you.
I must be fair with the time.
DR. Ethel Sims, if you can
please come to the microphone.
Hello.
Thank you everybody for having
this forum.
I do appreciate everybody and
everything that's been said.
I'm a native of well not really
a native of San Diego.
I've been here long enough.
I'm a I'm a homeowner in a
corner of you states which is
right adjacent to the project
And I'm in it's been there 46
years In 1978 my mom back there
that was her first time owning
a brand new home.
We need brand new homes in San
Diego.
It is going to actually
increase and in in upgrade
the community it's going to
bring us housing So as a broker
and a real estate and actually
as a mother I also want to
actually be able to see my
children, my children's
children be able to come to
the community which has such
diversity and rich history like
Amber Hills 123 new homes and
of trying to work together to
make lemonade out of the out of
the footnote seven is a great
opportunity.
We now have a chance to
increase the things that we
need in this community.
So we're going to start with a
coalition that's going to
actually talk about why
the housing not only bring in
housing but why brings
community benefits and
beautification to this area.
We're not going to be erased.
Thank you for the upgrade.
Thank you, Ozzie.
We support housing so
the previous speakers were in
the right place.
Good afternoon.
When I start this my name is
Housing Ministers and I'm here
with our community to support
this appeal.
The hilltop has been designated
for public parks since 2015.
Southeastern San Diego has 64%
less park space than wealthier
parts of the city.
That is not a coincidence.
It is the result of repeated
decisions Today this Council
has the opportunity to make a
difference.
This boat is bigger than one
hilltop in one neighborhood.
Every San Diego community is
watching how this council
treats its public green spaces.
Every resident wants to know
that when a community plan
designates land for a park,
that promise will be honored.
Today you have a chance to show
all of San Diego that this
council protects public land,
listens to communities and we
have alternate places for
housing.
>> We support housing.
I can't afford a house either
Make the right choices.
>> Thank you for that
concluding comment.
Gregory Gregory Knell or Hill
After that if I can have Johnny
leading Jeffrey Shooter DR. For
Cornwall Clarke and Kimberly
Reals as well as Lisa and Sarah
please come up to the front row
Please begin when ready.
>> Good afternoon Council
PRESIDENT And members of
the Council.
My name is Greg Hill.
I'm the local PRESIDENT
National Association of Real
Estate Brokers.
Since 1947 Narev has championed
the principle of democracy in
housing, advocating for
equitable access to housing and
expanding opportunities for
families to build stability and
generational wealth through
homeownership.
That is why I'm here today in
support of the animal health
development.
San Diego continues to face a
critical housing shortage and
increasing our housing supply
is an essential part of
addressing affordability.
This project helps move in
the right direction by adding
much needed homes including
affordable housing that will
create opportunities for
working families, seniors and
essential workers to remain in
the communities they serve.
The annual Hills development is
also an investment in
the broader community.
It includes improvements of
16th Street along the new parks
and trails.
It'll be open for public use.
These enhancements improve
connectivity, expand access to
recreational space and create
lasting benefits for both
current and future.
>> Thank you for that
Concluding remark Johnny
Leading John a leading reader
going to Jeffrey Shooter.
>> Thank you Council members.
You know it's disappointing
that we got here because
the city never really tried to
turn this into a park.
I mean it's literally the most
spectacular place in San Diego
on par with Soledad Mountain.
And if we were here discussing
whether to declare Soledad
mountain surplus land and turn
it into housing, we would you
know, we'd be outraged by that
And we should also be outraged
about this loss of a resource.
But given that we're here, what
this is really going to turn on
is whether or not Footnote
seven was legally adopted And
the question for the city
attorney is going to be in
effect as the footnote seven
only apply to the Choice Valley
Community Planning Group.
There are no rs one to what's
in South Eastern so it really
only applied to one community
plan update.
And if that's the case was it
legally adopted as opposed to
go into a community plan
Update.
>> Thank you.
DR. Cornell Cornwell Clark.
>> Apologies.
Hello, City Council.
I'm DR. Carmel Clark and I
respectfully ask that you
reject the footnote seven As
many of us it feels like less
responsible planning and more
like a land grab sold to
the highest bidder.
As a sociologist I can't ignore
the historic Eccles While
people were once bought and
sold in chattel slavery Today
it feels as though the land our
community have built is being
sold with little regard to
the people who have called it
home for generations.
My parents bought their home in
1975 and we still maintain and
own that property.
Communities are more than
property value.
They are history, relationships
and legacy.
Adding more than 100 homes is
not in the best interest for
imo.
Hills It will increase traffic
sustain our infrastructure and
permanently change
the character of the community
that families like mine have
invested in for decades.
This is environmental racism.
Please put our people before
profit.
Reject Footnote seven and
protect the legacy of imo
Hills.
>> I'm from the hills and I'm
standing on town business.
I'm DR. Joshua Clark.
>> Thank you for that
concluding comment Kimberly
Real's going there.
Hello everyone.
Okay.
I wasn't really intending to
speak today but after listening
to you MR. Boyd I can't help
myself.
Unfortunately I just had
cataract surgery on that thing
that well so bear with me.
Okay, so here's the thing I am
MR. Boyd Horton.
D.R. Horton began this project
in 1997 when they bought
the property.
Don't I have the paperwork?
Okay.
So that So don't And anything I
say up here.
I have my receipt.
I just want you to know that.
Okay, So here we go.
So and you you activated it.
I'm assuming that what you
waited to do is for council
because you could have got it
in through George Stevens.
So you're waiting for
representation that was more
more palatable, more palatable
to the idea of dense housing
and less commercial things that
might bring revenue to
the community.
>> But in any case.
So you know I'm done.
That is a minute.
Yes.
Well.
You're more than welcome to
email and any comments to make
them a part of the record
The city clerk at San
diego.Gov.
And they will be part of
the But you were good So thank
you.
Thank you.
And if anybody wants the baby I
got it here.
>> Our last speaker here and a
person at least I better at
least have a thorough your
final speaker hearing council
chambers and then we'll go to
those participating online.
>> I start I want my family up
here with me.
Sure they can come up you if
you can come up here.
>> Please note that we are not
organization.
This can be part of your
comments.
Please begin.
>> We're talking about a
project with D.R. Horton.
Cities across the nation have
come to city council chambers.
Residents and city councils
across the nation have denied
D.R. Horton from building
because it's bad business.
D.R. Horton has lawsuits in
multiple states for both having
shoddy frickin shoddy off
construction right there
harming their residents After
they're living in there,
they're getting frickin sick
And then they're also saying
here, take this mortgage and
then not having proper
disclosure.
So when the people are having
to redo their mortgage after
their lending arm is done with
it, their frickin mortgage
rates go up $1,000.
You're talking about frickin
affordable housing That's not
affordable.
>> That's not what we need and
that's not going to help our
frickin community.
We need quality construction.
We need places where I can
gather my family over there for
a frickin birthday party for a
celebration about Thank you for
not taking advantage and not
that and I do need to be
consistent but thank you so
much for your comments.
That does conclude public
comment here in council
chambers I'm sorry the five
minute timer and I'm going to
those participating remotely.
We currently have 12 speakers
in the queue.
Okay I haven't started Please
come up to the podium.
>> I'll take your speakers up
Please be on high.
>> I think we should all
consider that if something
starts and ethically it
shouldn't be because you
started something unethical you
can bury it.
I'm working construction and
having construction is also
going to deteriorate our land
All of the moving trucks.
How does anyone actually done
all of the civil from a third
party and not from someone
bought to make all of how are
we putting all construction
materials We also have a lot of
industrial area which means we
are required to have a land
environment that is green so
that we don't have lung issues
everything else issues I
understand people wanting
affordable housing but do you
want affordable housing where
people have mold, have issues
with lungs, have bigger issued
later down the line where they
die and then that is more
costly to the city to go and
send them to hospitals to have
all the other issues.
I don't think you should be
having this construction
feeling not just because I but
like all of the way that it was
built is not an ethical way as
a community you want to build
something on it.
>> Thank you for that
concluding remark for
the record That was my Garcia
Now I'm sorry the five minute
timer and I'm going to those
participating online.
We have two speakers in
the queue currently the city
completes a new you are on
the left Hello during There's
one thing I want to make it
very clear is I support this
appeal.
I support Emerald Hills right
for justice and fight against
racism And to all these people
that say no, we need more help,
we need more housing.
Where were you the were you
when projects in more you're
the same size We're getting
measly 24 homes and they wanted
to put 123 here I also have a
concern with the water main no
and the on the water main
report that support that two
sources or a reservoir and this
community needs this all these
people with housing if you want
to fight for housing you get
this council to copy Habitat
for Humanity and what cities in
Massachusetts are doing with
lottery system So an $800,000
homes for 200,000 Your time has
concluded our time to act
please on unmute.
>> Hello my name is Nicole Ali.
I'm the executive director of
our Time to Act and a member of
the Coalition for Equitable
Development.
I would like to uplift
the comments.
Okay.
I'm sorry.
County Vice Chair Monica
Montgomery Step.
Large sprawling minimum lot
sizes are a historically
segregationist tool and while
Footnote seven never should
have targeted the reduction of
minimum lot sizes in just one
neighborhood, it does not
negate the fact that minimizing
minimum lot sizes reduces
environmental impacts and
housing exclusion not increases
them.
This project unfortunately
reduces currently open space
but with this area being zoned
as entirely residential and
without any actual city plans
to create a park there,
the inclusion of pocket parks
and significant infrastructure
improvements goes towards
mitigating the impact of this
new development.
Ultimately this project will
significantly increase
homeownership opportunity in
this neighborhood and
additionally the development
should also increase
the percentage of and
affordability of homes in this
project as outlined by you I
respectfully ask that you deny
this appeal and continue to
encourage greater density in
every district especially high
resource areas going forward.
>> Thank you.
Thank you.
Next is John Stump.
If you can please unmute.
Thank you very much.
My concern is that this is a
quasi judicial hearing.
Members of the council must be
free of any apparent or known
conflict of interest.
Council PRESIDENT Joe LaCava
made a very good affirmative
statement on yesterday's appeal
and I would expect that all
current council members would
make a similar disclosure.
One of the things that I did
come up in my mind was
the employees of council
members, their agents and
employees and their conflicts.
This transfer to the council
member finally the name of
the parties in this are
appellant and Pelly not
applicant.
Thank you very much.
>> Thank you.
Next is Margaret.
Margaret very similar if you
can present you.
>> Hi, my name is Margaret
Aparicio, founder of San Diego
United Communities.
We don't need more density
without proper infrastructure.
What we need is more park
spaces.
We were in a major deficit.
Quick question Where does
the vp that spoke today
representing D.R. Horton live?
Who are they to say that this
community needs this massive
monstrous project built and
the community of Emerald Hills?
They don't even live there.
The community is here today to
say that they don't want this
project.
So listen, upstanding United
Communities is watching all of
you and your bad decisions.
No one footnote seven to
the people of San Diego
Remember elections are coming
up.
Let's vote out these incumbents
making the wrong decisions.
The D.R. Horton applicant that
spoke today was very
disrespectful by calling up
concerned neighbors from
Emerald Hills.
Why would this council support
this disgusting disturbing
behavior from the offices of
the court?
And also word on the street is
that Monica montgomery's
family's construction company
will be retained for this
project.
It explains why she is so angry
today.
>> We have a park deficit in
San Diego.
Make the right decision.
Your time has concluded.
Jake Buchanan, if you can
please and you can hear me.
Yes.
Please proceed.
Good afternoon, everyone.
My name is Jake Buchanan.
I'm a San Diego resident.
I'd like to express my support
for the new housing
development.
Our city facing a severe
housing shortage.
As we all know, the state of
California is mandating more
housing specifically affordable
housing And a new project like
this are ones that are exactly
what we need to provide relief
for.
So the addition of the 123 new
homes including portable units
is very helpful For first time
homebuyers like myself that are
stuck paying premiums on rent
year after year and are looking
to get their foot in the door
and build equity within this
city.
So lastly, I believe creating
more affordability here in a
very supply constrained city is
essential for San Diego future
.
>> And I thank you for your
time.
Thank you.
The five minute timer did
conclude that means that there
are eight speakers in the queue
and no additional speakers will
be taken after that.
Laurie Lipson If you can please
unmute.
>> Hello.
Laurie Lipson Share District
three.
Yes we need housing and infill
is essential to meeting our
housing needs without sprawl.
But removing valuable green
spaces is irresponsible as we
move into the future and made
this human caused climate
crisis.
No study expert organization or
government can predict
the future which is why we need
to pay attention to what we
know.
The climate crisis is real and
we are a racist country.
Green spaces are essential
infrastructure for mental
health, physical health for
creating community and for
helping heal the planet.
Please grant the appeal and
deny this project.
John Elliot if you can please
unmute.
>> Good afternoon City Council.
Your volume is a little low.
Oh sorry about that.
I will try to speak louder.
Can you hear me now?
Yes.
We'll reset your time.
Please proceed.
Thank you.
>> We're calling in in support
of the development.
However, we do have some
concerns about community access
specifically related to pocket
parks.
Do those parks include
restrooms and will they be
guaranteed the same access or
will the homeowners association
be able to restrict access to
important trails and viewing
areas in the neighborhood at
their discretion?
These pocket parks are
problematic because generally
they're managed by private
security and are highly
restrictive in who is allowed
on or off that property.
Thank you.
Natalie Raskin If you can
please unmute.
>> Hi Natalie.
My concern is that the project
overwhelmed only benefits
the developer not the city and
certainly not the Encanto
community.
D.R. Horton is using the city's
affordable housing bonus
program to unlock multiple
waivers.
But just like with Depp's
oversize driveways and other
exceptions but they are only
providing 13 units and those
units are not low income.
They are moderate income at
100%.
Am I?
That means the families most in
need and Encanto will not
benefit from these so-called
affordable units.
Yet those 13 units allow
the developer to reshape
the entire subdivision to
maximize yield and profit.
These waivers directly increase
the number of blocks they can
build which increases their
revenue.
Meanwhile, the community
absorbs the impact loss of open
space, increased traffic and
project income and council's
planning group unanimously
unanimously opposed When a
corporate developer uses
Affordable affordability
program to gain waivers that
primarily benefit their bottom
line while offering bare
minimum affordability in
return.
Your time has converted Blair
Beekman If you can please
unmute by Blair Beekman.
>> Just trying to learn about
this process.
>> I think this item was
something this item was here a
year ago.
You know we were talking about
similar issues and we reached a
compromise solution instead of
120 units that we work on
something like 40 units and
work on park space as well and
that there needs to really be a
need that we grow into the idea
more of inviting more community
groups to the planning process.
And we have to learn to do that
better.
And on top of all of that I'm
learning the concepts that you
know before footnote seven
there was a real racial problem
in history in this area that a
lot of people all
African-American people in
the neighborhood feel that
putting a park there
memorializes a really bad
racist tradition.
We have to have those
conversations more clearly
openly and talking about
the very interesting
environmental ideas for
the future of the area because
look how that conversation can
develop.
>> Thank you.
Thank you.
>> Next is Angela Harris.
Hi.
We can hear you.
Please proceed.
Okay.
Thank you.
Let me just say for the record
that what you see sitting in
those seats and those yellow
shirts, they don't necessarily
represent district four.
They are outliers.
And I stand with over 30
families who want to deny this
appeal.
You want the council to deny
this appeal unanimously?
All of my 30 families live in
the District four not like many
of the other paid carpetbaggers
sitting in the council chamber.
I have all my current home and
skyline for more than 22 years
and have lived with Council
District four for over 40
years.
When I was looking to buy there
was a a a strong push for
single family detached homes.
And I am grateful that those
opportunities existed.
I believe we need more single
family detached housing in
the area.
Expanding those housing options
is important and we want to
attach resources and amenities
to our communities like grocery
stores and additional
restaurants and border
investments and support for
the arts and cultural the Black
arts and culture district.
I am disappointed that many of
my home owners seem ready to
close the door to himself
including my apologies Amanda
if you can please On you Amanda
if you can please On you.
Okay.
Sorry.
Sorry I'm here.
Please proceed.
Just wanted to say I cannot get
over the irony that in that
very room yesterday city
council debated approving a
5478 square foot single family
home one home in La Hoya.
>> And here we are today
debating 5000 square foot lots
and animal health at the moment
with that community member I'm
speaking in solidarity.
I've seen firsthand the fact
that council members like Raul
Campo not protecting his
community from overdevelopment.
I urge you all today to help
COUNCILMAN Foster protect his
for him today.
The transit density loophole up
for 26 units to be built on a
quiet residential street next
door to my stepdad where two
single family homes used to be
with no parking requirements.
50 minutes on Google Maps to
the nearest grocery store would
be a public transit.
They are sick and tired of our
city council collecting impact
fees that go to other
neighborhoods and watching
developers rake in profits
while the taxpayers pay
the permanent costs of
rezoning.
>> I have concluded my
apologies Nina Sanchez if you
can please unmute.
Senior Sanchez There you go.
>> You are And we did not hear
you here in council chambers.
I'm not sure if the device they
are speaking into to maybe
muted.
>> Can you hear me now,
COUNCILMAN?
Yes we can.
Please proceed.
Thank you.
For nearly a century our Bipoc
families in San Diego being
told where we can and cannot
live be forced into communities
like Logan and County Council
on Emerald Hills.
Then after generations of
sacrifice and best for me and
resilient after we built these
communities and what's in what
they are today the rule,
the change once again.
Now of course the declining
high density development among
transit corridors and less
chance for homeownership more
lifelong renters.
This isn't about equity when
the result is that working
families lose their chance to
build wealth while developers
continue to profit 100%.
Am I really?
Most people in Southeast are at
30% or below.
Our communities have already
endured segregation,
environmental racism,
displacement in decades,
the disinvestment and now we're
expected to quietly accept
policies that bear and push us
out of the very neighborhoods
our parents and grandparents
fought to hold on to.
If equity is truly our goal
this naturally black and brown
communities like where you're
guinea pigs or lab rats, cattle
servants or your property we
deserve the same opportunity as
everyone else not just to rent
but to own to build
generational wealth and to
remain in the communities we
created.
Stop measuring success by how
many?
Your time has concluded.
Christine Walbourne Your final
speaker Christine Walbourne.
Hi.
Can you hear me?
Yes.
Please proceed.
Hi, I'm in District one and I'm
calling to ask you to please
support the appeal.
I attended the city council
meeting I think it was in
DECEMBER about footnote seven
and I was so impressed with
the community and how many
people showed up.
And so I just want to support
the community and it's time to
listen to these people and put
them above developers.
So I would appreciate you
please supporting the appeal.
>> Thank you.
Thank you.
I would like to note for
the record that we did receive
four people that submitted
would like to register their
position in favor but did not
wish to speak and six submitted
would like to register their
position in opposition but did
not wish to speak.
That does conclude public
comment for this item.
Council PRESIDENT Thank you.
All right.
Thank you City Clerk As I like
to do when we have these
heavily attended meetings
please join me in giving a
round of applause to our city
clerk and her entire team.
>> It is not easy but you did a
masterful job as you always do
And as was emphasized, this is
only the second day of
implementing implementing
Senate Bill 707 and it seems
like it's working very well.
So at least the early stages of
that.
Okay, let's get on.
So this is now an opportunity
for the council to weigh in for
any questions, comments and
entertain a motion and we will
start with the council member
from District four.
Council Member Foster Yes,
Thank you Council PRESIDENT And
thank you to staff for your
presentation and your work on
this.
Also I'd like to thank my
colleague Supervisor Monica
Montgomery Step for attending
today's hearing and providing
comment and having had
the honor to serve as her chief
of staff I can tell you that
her comments were not
supporting D.R. Horton,
the company.
Rather it was supporting
opportunity.
It was supporting generational
wealth and allowing families
access to a home They can feel
safe in a okay, this is
the second morning we sat here,
listened to all the testimony
both for and against mouth.
The council members chant Give
them an opportunity to speak.
You can raise your probably
lower your thumb.
>> That's the way to
communicate with us.
My apologies.
Council member foster Thank
you.
Council PRESIDENT Her comments
were not supporting D.R. Horton
.
The company rather was
supporting Opportunity
generational wealth and
allowing families access to a
home they can feel safe in and
have pride of ownership.
I want to begin also by
recognizing the Choice Valley
Community Planning Group and
the residents of Emerald Hills
and their surrounding
neighborhoods.
I know you have spent a lot of
time attending meetings,
reviewing documents, submitting
comments and raising concerns
about the project and I do
believe your concerns deserve
direct answers.
>> The appeal before us today
and this is a question for
staff is an appeal of
the project and not an appeal
of the addendum to the project
program Environmental Impact
Report prepared by the City of
San Diego as a lead agency.
>> Is that correct?
That is correct.
Councilmember Foster Thank you.
>> I will say that the appeal
highlights several concerns
including traffic, fire safety
and several other potential
impacts.
Those are not small issues.
They involve the safety
sustainable ity and future of
this community.
They are valid concerns and
the city should perform as due
diligence and address
the concerns of the impacted
community.
>> Before getting into my
questions we need to be honest
about the history that shaped
this community.
District four like many
communities across the country
has dealt with discriminatory
housing policies, disinvestment
and bad planning decisions.
These policies did not happen
by accident.
They determine where black
families and non-whites could
live.
They determine who had access
to homeownership.
They protected wealth and
opportunity in some communities
while concentrating poverty and
limiting opportunity in others.
>> In the 19 40s and 1950s,
black and brown families could
not simply buy a home anywhere
in San Diego and Emerald Hills
was one of those communities a
community that denied nonwhite
families opportunities because
of the color of their skin.
Thanks to the work of
individuals like Judge Alpha,
Lavonne Montgomery and others,
many of those families
eventually found a pathway to
homeownership in southeastern
San Diego including Valencia
Park Encanto Skyline and
Emerald Hills.
My own family was among
the first generations of black
families able to become
homeowners in Valencia Park.
That home provided stability.
It gave my family an asset.
It gave us something we could
build on and pass down.
It helped my parents put two
children through college.
That is generational wealth.
Today the children and
grandchildren of many of those
same families cannot afford to
buy a home in the community.
Their families helped to build.
District four has limited for
sale housing while continued to
receive hundreds of deed
restricted rental units.
I have stood with my community
against the continued
concentration of poverty in our
district.
>> The city recently settled a
lawsuit Baker versus City of
San Diego to further mitigate
the concentration of poverty
and saturation of deed
restricted units in communities
like District four.
And I have been clear that we
must have a balanced housing
approach that includes real
opportunities for
homeownership.
We need homes that working
families can purchase.
>> Our teachers, nurses,
firefighters.
Public safety professionals.
Skilled workers.
Parents.
Young adults and working
families deserve
the opportunity to own a home,
raise their families here and
build something they can pass
on to their children.
That has been my position from
the beginning.
A balanced housing approach
Stronger pathways to
homeownership and an end to
concentrating deed restricted
units in communities like
District four.
Now let's also talk honestly
about large minimum lots sizes.
Large minimum lot requirements
are often presented as if they
are harmless and they are not.
These policies were used to
protect wealthy communities
from change and keep black
families brown families,
immigrants and working class
people out.
They made land more expensive.
They limited the number of
homes that could be built.
And they kept homeownership out
of reach for people who were
not already wealthy.
As I pointed out last year,
studies consistently show large
minimum lot sizes limit
opportunities for single family
home ownership, increase
housing costs, deepen
inequality and encourage
greater reliance on rental
focused multifamily
development.
>> Let me be clear.
>> Large minimum lot
requirements are racist.
>> >> They have discriminatory
impacts and were used to
exclude people of color.
Some people MAY be
uncomfortable hearing that.
And I say good that history
should not make us
uncomfortable.
What I am not going to do is to
water down the truth to make
people feel better about
policies that were designed to
keep families like mine out of
certain neighborhoods.
We must stop sanitizing history
.
These were not neutral planning
decisions that somehow produced
unequal outcomes.
They were adopted and used to
control who had access to land
housing, good schools, public
investment and wealth.
When people defend those
barriers without acknowledging
who they were built to exclude,
they are defending the result
of the racist policy.
They MAY not like hearing that
but discovering the discomfort
does not make the history
untrue.
And we cannot address inequity
while refusing to name what and
who created it.
Which leads me to footnote
seven.
There seems to be individuals
in District four that are
intentionally misinforming our
community about the origins of
Footnote seven.
I have said this publicly from
this diocese and will again
state for the record that no
one and I mean no one in
the district for office
generated Footnote seven.
But what we do know is that
footnote seven was generated
during former Mayor Kevin
Faulkner's administration.
This is not fake news.
This is fact.
So for those that stand with
Kevin Faulkner and are
supported by Kevin Faulkner,
you want answers?
>> You should start there with
your friend to further
illustrate the process
surrounding Footnote seven.
I would like to introduce a
summary of the actions as part
of the legislative record here
today.
If you can bring up
correspondence number eight you
can get one of those comments
Five minutes.
>> All right.
Thank you.
This I will not go through
the entire record but I want to
provide it so that everyone can
see every step that took place
with footnote seven.
And I will say this The first
time it was introduced to
the Community Planners
Committee, the chair of
the Choice Valley Community
Planning Group was present.
And you can go back and look at
the meeting minutes and pull
the verification in.
So I will leave that there for
the public to see.
>> Footnote seven Reduced
minimum lot sizes in Encanto
and southeastern San Diego
without applying that same
policy citywide.
Irene I moved to repeal
Footnote seven because
the process was not transparent
,consistent or inclusive.
The planning director
acknowledged that it was not
handled in accordance with city
policies and best practices.
Throughout this discussion
there have been references to
furthering fair housing.
As noted per the staff report
from the Planning Commission
dated JANUARY 10th 2020 five
reducing the discriminatory
large loss minimums from 20,000
square foot to 5000 square foot
has led to affirmatively
furthering fair housing.
>> Footnote seven allowed
market rate for sale single
family homes in low resource
communities Consistent with
plan densities in the 2015
Encanto Community plan and does
not contradict fair housing
policies.
>> In addition, it's important
important to point out that
the surrounding parcels to
the north, south and west of
the Radio towers parcel are all
zoned rs1-7.
So to be clear all the homes on
old memory lane are zoned
rs1-7.
Just like the proposed project
before this council today.
>> So it's clear we need zoning
reforms that promote equitable
home ownership.
We must champion zoning reforms
that prioritize for sale homes
and promote equitable access to
homeownership citywide making
our city a place where more
residents can thrive.
It is ever so critical that we
support balanced for sale
housing options in District
four to ensure our sustainable
city while ensuring we preserve
community character.
Repealing Footnote seven was a
difficult decision for me but
the right decision at the time
and it's also the right
decision for the city to roll
up their sleeves, engage
the public and further vet up
zoning r's 1-2 large law
minimums citywide and expand
for sale single family home
opportunities.
As I have said on several
occasions, I want every family,
every young person in District
four to have the same
opportunities that I have had
in homeownership.
The building of generational
wealth is critical to long term
sustainability and success.
Before I start with my project
specific question I do have a
few questions for the city
attorney.
I see that the staff has
provided a copy of the city
attorney's report to Council
regarding Senate Bill 330 also
known as the Housing Crisis Act
of 2019 which is a direct
response to a statewide housing
emergency.
Sb 330 is still effective if
you can confirm sb 330 is still
in effect and this project is
subject to sb 330.
>> Is that correct?
I would ask Chief Deputy City
Attorney Karen New four to
respond to your question
please.
Yes, Thank you.
Thank you for that question.
It is still in effect in this
project is subject to that
bill.
>> Thank you for that.
Per the report it indicates
that the city MAY deny a
housing development project or
impose a condition that
the project be developed at a
lower density.
After making written findings
based on a preponderance of
evidence in the administrative
record that the project would
have a specific adverse impact
on public health or safety and
there is no other feasible
method to satisfactorily
mitigate or avoid the adverse
impact.
Is that correct?
That is correct.
Question for you What does no
other feasible method to
satisfactorily mitigate or
avoid the adverse impact mean?
>> Well it would depend on what
the impact is.
So for instance, if there is an
impact that would have been
caused by traffic or fire, you
would look at what was causing
that impact and how to avoid it
or to mitigate for it.
But it really is very specific
to what the impact is.
So in short, just for further
clarification, if an adverse
impact does identify and there
is an acceptable means to
mitigate legally we should move
forward with the project based
on the mitigation if it needs
to be about it That is what
the Housing Accountability Act
requires.
>> Thank you for that.
>> If mitigations are provided
that address the alleged
adverse impacts on public
health or safety and the city
denies the project, what are
the potential legal
consequences and trigger of
the builder's remedy statutes
if challenged?
A court could find that
the city is out of compliance
with the act.
There would be a mandatory
order to go back and be in
compliance with the Act which
could include the city being
required to approve
the project.
Mandatory attorneys fees and
costs and possibly fines.
>> Thank you for that
clarification.
>> Lastly, your office did
prepare a memorandum regarding
footnote seven.
Can you confirm that has
indicated further memorandum?
No evidence has been provided
to date indicating that
Footnote seven violates federal
and state equal protection, due
process and fair housing laws.
>> Yes, that is correct.
>> That memo is in the backup
materials for this item also.
Thank you for that
clarification.
>> With that I'll move on to my
questions regarding the appeal
before us today.
I will start with city staff.
Some of this is noted in
the staff report that I think
was done that that is quite
thorough but it is a proposed
development site in the current
adopted general plan indicated
as being a park.
It is not indicated as a park
in the general plan.
>> Thank you for that.
Does the proposed project far
exceed the 024 dwelling units
per acre density for which
the site is owned?
A clarification on that
The site is zoned different but
it is within the density that
is allowed within the community
plan which allows up to four
dwelling units per acre which
would equal for this project
site.
125 units and they're proposing
123.
Thank you for that
clarification.
Is the proposed project
inconsistent with the 2015
Choice Valley Community Plan as
shown in staff's presentation?
The project is consistent with
I would say a majority of
the applicable regulations
related to residential
development.
>> So it meets general
conformance.
It is in general conformance.
Yes sir.
Thank you.
>> And I will ask this again Is
the 0 to 4 dwelling units per
acre density consistent with
the density of the existing of
the existing development around
the proposed development site?
It is consistent with
the developments located to
the north, south and west.
It would differ from
the development the existing
residential dwelling units that
are located to the east.
>> Thank you for that.
It has been alleged that
the proposed project site is an
indigenous Cuzmy burial site.
Is this accurate?
And can you elaborate on
the city's environmental review
and tribal consultation process
and what has been done for this
project to date and what will
take place if the project moves
forward?
Today an archeological report
was prepared for the project
site and there was no evidence
of any former burial sites
located on the site and what
will take place moving forward.
If this site if this project
moves forward in regards to
archeological mitigation So
the project per municipal code,
the project per municipal code
requirements would be required
to have archeological
monitoring on site during
grading operations.
Thank you for that.
So there'll be onsite
monitoring through the process.
Can you explain what happens if
there is a potentially a
finding?
If there is we would be city
staff would be notified and
then we would contact
the applicable Native American
tribes for continued inspection
on the site.
Thank you for that.
>> My next question is in
regards to the development
impact fees.
Do we know what the total
estimated amount of development
impact fees for this project?
What they will be approximately
The impact fees are calculated
at the time of submittal for
ministerial building permits.
But at this at this time we
have estimated that the impact
fees would be roughly.
Sorry to say it's 3.3.4.
I'm sorry we've got some error
here from planning that could
answer that.
Good afternoon everyone.
I'm semi-rural with Stonebridge
director with City Planning.
The estimated development and
practice with this project is
around $3.5 million.
About 3.5.
And can you let me can you
indicate what types of projects
or infrastructure improvements
can these funds be used
towards?
>> This project would be
subject to citywide fees and
under that it's for different
asset types of mobility fire
libraries and parks.
Thank you for that.
>> The and I think I just
before I move on from the fees
and I will I do don't see
the mayor's representative here
is quoting here or anyone here.
I'll address it towards
the latter part of my comments
.
Moving on I do also share our
concerns about traffic and
emergency access and
evacuation.
And I guess if we have a
traffic engineer available,
the 60 year street and
the proposed developer
improvements meet the city's
requirements in the street
design manual.
We have a member of our
transportation staff that can
answer that question.
>> Hi, my name is Megalith.
I'm an associate traffic
engineer with development
services and yes Project Access
in 60th Street meets Current
City Requirements.
Thank you for that.
Also it's my understanding that
the traffic report indicated
that two point shy of meeting
the traffic threshold for
mitigation.
Also I understand that
the proposed development entry
point will be under signalized
and will only include a stop
sign for the vehicles exiting
the proposed development site.
Can you let me know Can you
explain how did the city make
that determination?
Sure.
The project prepared both a
local mobility analysis which
is what our operational
analysis is as well as a vmt
analysis to evaluate
the potential significant
transportation impacts under
Sequa.
Under Sequa The project is
located in Census tract 30.01
and it would be expected that a
vmt per capita of 16.9 miles
per resident.
Therefore the project would be
expected to result in a
significant transportation vmt
impact.
The project has selected three
different mitigation measures
worth five points and through a
vmt analysis showed that it
would be able to bring its
significant impact down to a
level of less than
significance.
That was the 5.1.
Sorry Council member If I can
ask to have to go to the other
mic and speak a little bit more
directly into the mic.
People are having a hard time
listening.
I apologize.
>> Councilmember Thank you.
Thank you for that.
And in just so I'm clear, this
is one of those instances where
an impact was identified
mitigation was put in place.
Correct.
Therefore continuing to move
forward in regards to that
item.
Correct.
Yes.
Thank you.
That's correct.
Also there is a minor street
stop control at the exit of
what's called Street a on
the development plans and 60th
Street.
And that is an appropriate
traffic control for this type
of development.
And that's why staff did not
request an always stop analysis
or a traffic signal to be
further analyzed.
>> Thank you for that.
>> The I guess what I find
interesting is that
the representative from Doe
Horton indicated that
the current construction
the current site conditions
does not meet certain standards
that it should meet.
>> Is that correct?
I guess that's correct.
Can you explain in more detail
what that means?
Yeah, I can I can you can watch
your staff or myself.
Staff or the staff can take it.
Okay.
So the project is going to be
Regrading 60th Street.
And because of the new crates
that are going to be on
the road as well as the roadway
widening as a fix But as MR.
Boyd explained, the road is
going to be widened by
approximately 18ft and there's
going to be additional Parkway
as well as dg Granite and a
trail easement.
So when we look at project
exits such as the Street Out
and 16th Street we do a site
distance analysis and that's to
make sure there's adequate site
distance both for vehicles
turning left out of the project
exit as well as turning right.
Thank you for that.
I will now move on to the fire
marshal's fire marshal
available.
>> We do have a staff member
from the fire department
available to speak online.
Okay.
>> Very good.
Good afternoon, everybody.
My name is Tyler Larson,
supervising deputy fire marshal
for San Diego Fire Rescue.
I oversee our new construction
section and community risk
reduction.
So first what specific
questions do you have as far as
the emergency access?
>> Yes.
Thank you.
>> So essentially we have for
this proposed project we have
the inclusion of a separate
entrance to the west of
the proposed development at Ode
Memory Lane.
Can you explain how you made
your determination?
Because it's my understanding
that this is in a a very high
fire hazard severity zone that
requires two points of I'm
going to say ingress and egress
.
Can you explain how you
developed or mitigated this
safety concern?
>> Yes.
So this project was proposed
with two means of ingress and
egress as shown.
So per the California Fire Code
and our local amendments, if if
a project is located in
the very high fire severity
zone and they're proposing more
than 30 single family dwellings
to means of access and egress
for evacuation are required and
the separation distance is
greater than half the diagonal
length of the of property which
this meets And so it does meet
current current fire code for
project see very high fire
station.
>> Thank you for that.
And I guess in regards to
the second point of ingress and
egress, how will that be
managed?
I heard that the gate will be
locked so we require four
gates.
>> Obviously we need 24 seven
access to two developments that
are gated For us
the requirements are a Knox key
switch which the Knox Keys
carried on every fire engine
truck and battalion chief
apparatus.
So coming into the property
fire department will have
access.
However, the hoa or whoever
buys this this property as far
as however they want to
maintain their their public or
their I'm sorry the resident
access whether it's a key FOBs
keypad or anything like that we
will still have a separate 24/7
access for the fire department
as far as egress in case of
evacuation.
This usually involves an
underground sensor that
automatically opens the gates.
There's other technology out
there but typically we see, you
know, a sensor that that reads
the vehicle and its weight and
everything like that.
So that will automatically open
up the gates for for residents
coming out.
>> So the hoa will have access
to how the gate will be
operated for the residents in
the development.
Is that my is that my
understanding that Yes.
And once then we we will review
in the ministerial the building
construction permit phase as
well so we can work out details
as far as exactly where
the sensor is going to be And
in those that those those fine
details But typically as they
will decide on that but we were
we will required because it's
in a very high fire severity
zone.
Okay ease of fitness.
>> Thank you for that.
The other issue that has been
brought up as we are as we are
adding a 123 additional homes
in the area, the concern about
a fire station, what fire
station will serve this area?
This is really right on
the border of engineer.
I'm sorry Station 12 and
Station 2626 is is closer and
will probably respond first but
it's right on right on
the border of both districts
And there's also to the south
east of this project there is a
station 51.
So like with any any new
development will absorb it as
far as meeting the response
times and there's also two
planned fire stations one on
Fairmont and one in Encanto I
believe once it's 65th and
Broadway that that's less than
a mile away from
the development.
>> That's a that's a future
fire station company as well.
Question for you.
I know at one point in time
there were response time
concerns and there I believe it
was Squad 55, a two man squad
that was put in place.
I want to say that they were
housed at the By Contractors
Association.
I want to say they moved from
there, went to Station 51 but
then I believe they were
relocated to downtown.
Is there any concern in regards
to response times and the need
to bring that I guess you
termed it as a rapid response
type unit.
Has that been discussed or
determined or would that be
looked at as we continue to go
through the permitting process
that's ongoing analysis as far
as response times in general?
Typically what I've seen with
those squads is they'll respond
with an engine or a trucking
incident So I just want to
speak on a high level.
You know, we will absorb, you
know, project as proposed and
still be response times
obviously that you know, at a
high level we're continually
continuously looking at
response times with increased
populations in general But
the simple answer is we'll be
able to meet response times
with the current resources we
have.
>> All right.
Thank you for that Before you
continue.
>> COUNCILMAN Fox is going to
need a little bit more time or
some member of roster Excuse me
Councilmember Random.
Thank you for seeding time And
I guess I'll move on down to
the developer and I guess MR.
Boyd if you can address your
plan to mitigate any additional
water runoff you've touched
upon it during your
presentation but can you just
elaborate quickly on how you
plan to do that?
Yes, sir.
During the course of
construction will be installing
the storm drain improvements on
site that include three bio
filter basins that collect
water clean water to dissipate
water.
In addition to that, we're
going to have your urban
gathering permits which collect
rainwater anticipate two city
designated systems.
From that standpoint, the extra
measures that we're doing is
are these viable dishes that
are going to be placed on
the south and the northern
perimeters.
So in the event we have
landscaping water runoff we're
going to be ditch and not
impact the properties below.
Thank you so much for that.
Stay there.
Also just wanted to touch upon
the community engagement.
You had a slide.
You had a slide as part of your
presentation and you mentioned
that you did quite a bit of
outreach.
Can you elaborate a little more
on just what that entailed?
I myself have observed you at
The Current Memorials park
where certain events would be
taking place.
You were out there with your
team.
You would have a table.
You would have your conceptual
drawings.
I know you were meeting with
folks in their garages and
having several conversations.
I want to say over probably
about four but about four years
or so.
Is that accurate?
That's very accurate.
Yes, sir.
And can you and I guess just
what I would like to do I have
some correspondence here that I
would like to also add to
the record is title
correspondence number nine.
And it looks like it's an email
that you sent to me that was
included as part of a 20 4-6639
that was actually submitted by
MR. Rob Campbell.
And I want to say that it looks
like it says and I'll read it
into the record Sunday we are
meeting with a number of
homeowners to discuss certain
concerns namely drainage.
We are confident we can address
Kenneth Key who was the very
vocal resident who has
coordinated this effort.
We have developed a very
positive relationship.
He seems to be better
understanding of the project
and need for housing.
Next we two are meeting with
DR. Sams and her folks to tour
certain areas of
the neighborhood to get our
marketing interest with
potential rehabilitation.
She desires to prepare a
positive written statement
listing all the reasons to
support the project.
She also is asking for Horton
to be a financial supporter of
local charity events.
Lastly, as previously noted we
are open to provide a formal
council update at any time.
>> So can you just just quickly
just how much outreach did you
do?
>> a whole lot over a period of
12 months.
Over a period of four years.
Our outreach never stopped.
No matter what process stage we
were at, we went into living
rooms.
We met with folks, we attended
community affairs.
We attended community events by
nature and we felt it was
important to meet with
the opposition.
We had coffees.
We sat down with a few of
the folks here that spoke
against the project that we
came to the coffee shops.
We answer their questions
the best of our ability.
We never stopped.
So we continued with that
community outreach well past
planning Commission approval
and we felt that was what
the community deserved and
that's what we provided.
And so we feel very good about
that.
Councilmember Foster.
But I want to be explicitly
clear there was not a phone
call or an opportunity that I
personally did not MISS.
I have come down to San Diego
from Orange County.
Time after time after time on
moment's notice we took
advantage of every opportunity
we could get Our project facts
out on the street.
And yes, the rhetoric of
the note seven consumed all of
us.
And what I tried to do in my
community outreach was let us
divorce ourselves from reality.
But note seven issue which is
long gone.
And let's focus on the merits
of this project.
I will be honest with you.
That was a challenge.
And frankly speaking we never
gave up on that.
>> Thank you for that.
With that I'll go back to city
staff.
Thank you.
Just want to touch base on
the diff.
I think we have the director of
planning here.
Can you elaborate on
the potential fees that will
come in from this project how
those can be utilized?
>> Yes.
So citywide fees do go into
citywide funds.
They do go through this vip
prioritization process that is
spelled out in Council policy
814 for prioritization.
But Councilmember certainly
upon your request we're happy
to work with your office and to
see how we can prioritize
funding for projects within
your community.
We don't tie specific funds to
specific projects in this
particular example.
I would imagine that there
would be a larger funding pool
available for investments in
your community rather than just
simply identifying the specific
funds to be paid from this
particular project.
I appreciate that and if this
project does pass today then we
will definitely have to have
those conversations to make
sure that the needs of
the community are met.
We can all agree that there is
work to do infrastructure
updates and that type of of
work that needs to take place.
>> Absolutely, Councilmember
And we're happy to work with
your office.
I do want to note that in all
impact fees are paid at
the time of final inspection so
there MAY be some lag before
the revenue hits the city.
But we're happy to have
continued conversations to
identify capital improvement
projects in your community and
beginning with the next
upcoming city budget process.
Thanks.
All right.
Thank you for that.
I think I'm going to try and
wrap up here.
Looks like I have a minute and
35 seconds left.
There there are several more
questions that I did come with
but I think one is my boss If
you need additional time, I'm
happy to do so because I do
think I do think what I would
like to do is I guess that
okay.
>> Do we have to do this again?
This is routine business for
the city council If you haven't
been here each allotted eight
minutes and if a council fellow
council member needs more time
we give them more time.
COUNCILMAN Weprin gave up five
minutes so he doesn't get those
five minutes back.
Gotham Arena Council member Von
Wilpert gave up that time so
that the lead councilmember for
this district can have his
opportunity.
This is routine business.
We do it all the time so please
bear with us.
Thank you.
Council PRESIDENT I guess I'll
try to end and wrap this up But
I guess also as I look at
the appeal it looks like
the appellate I'm actually
attached the complaint
regarding a similar project,
the Clover Project to
the appeal.
Is that correct?
>> Yes.
Yes.
That is part of the appeal
package And I would like to say
or if I understand what was
provided a lot of that had to
do with footnote seven correct?
That is accurate And then I
received a recent update from
the city Attorney's office.
It's my understanding that
the joint Valley Planning Group
has determined that they wanted
to dismiss and settle
the litigation.
Is that correct?
Yes, that is correct.
And has that agreement been
finalized?
My understanding is that it's
all been signed.
There MAY be some lingering
signatures but it has been
settled So essentially that
complaint is basically done or
null and void I guess I'll say
or I don't know what the I
don't know to turn
the settlement side for
the settlement and
the plaintiff agrees to dismiss
the lawsuit.
The city will not pay any funds
and agrees to waive seeking any
attorney's fees and costs
associated with that.
>> Okay.
Thank you for that.
I guess my final question would
be because they attach that to
the appeal, does that impact
the appeal at all?
No, it doesn't impact
the appeal.
I think that my understanding
is that it was included to
support their arguments.
>> Okay.
Thank you for that.
I guess in I don't know if this
is proper but if we can make
the settlement agreement part
of the legislative record as
backup for this item.
>> Yes, it's the public record.
>> Okay.
We'll note that as
correspondence number ten.
>> Thank you.
I'll conclude I'll conclude
here.
But based on the administrative
record and the information
provided today, the appellant
has not met the required
standards for sb 330 for this
Council to grant the appeal
before us today.
The appellant did not provide
the proper evidence indicating
the project would have any
specific adverse impact on
public health or safety and
that there was no other
feasible method to
satisfactorily mitigate or
avoid the alleged adverse
impacts.
So essentially the impacts
identified all have been
appropriately appropriately
mitigated.
Correct?
That is correct, sir.
All right.
>> Thank you for that.
So with that I will move that
recommendation to affirm
the Planning Commission's
approval of vesting tentative
map the site development
permit, the neighborhood
development permit and
neighborhood use permit and
deny the appeal.
Okay.
Thanks, Councilmember Foster.
So we have a motion to move
the staff recommendation.
So I'm going to jump in.
I want to thank everybody that
spoke today either here at
Chambers or remotely.
Thank you for working with
the city clerk on the organized
presentations.
Now that MR. Stop has raised
the bar for me I have not
spoken to the developer.
I did not speak to
the appellant.
I did not speak to staff either
.
I have reviewed the material
attached to the docket as well
as the public comments.
But if I listen to
the presentations and comments
by the public and for those of
you who know me and I know some
out there that know me you know
that I take a pretty deep dive
when these land use issues come
in front of us And what I see
is a project that meets legal
requirements but raises serious
questions of city policy
the questions of park space,
environmental justice,
concentration of poverty
inequity, equitable investment
in infrastructure, animal
health community are very valid
concerns.
I have a senior council member
on the dais fighting for these
issues over and over again and
I've been so impressed by his
good fight that oftentimes our
two council member from
District one I often find
myself fighting for District
four on issues of equity.
Further, as a former community
planning group chair, I
understand that our community
plans are guiding documents,
policy documents if you will
And as residents we want to
believe they create an
agreement between the city and
the community on what shape our
community's future should take.
But as I learned when I was
the community plan chair that
when I fought and lost and when
I fought again and lost and
when I fought again and lost on
behalf of my community,
the community plan is only
policy and guidelines Our
communities need and therefore
nothing should be accepted as
anything driving other than
what you're willing to step up
and fight for as you are today.
Our communities need parks and
we need advocates to fight for
them.
However, on the subject of
the project we must apply
the law.
We must make findings
the comments about the housing
accountability Act which I
appreciate and respect at a
much higher threshold and we've
seen that take place not only
in our city but in cities
across the county.
This project has been seen
right from the day
the application was deemed
complete and at that time
footnote seven was in effect
and we have since repealed that
unfortunate addition to our
municipal code.
I MAY have policy concerns with
20,000 square foot lot so my
colleagues have spoken out in
the past about that history of
large lots But I agree that a
footnote is not the way it is
on land.
Our city attorney is thoroughly
analyzed this issue in a public
memo that has been available
since JANUARY 2025 and which is
included in the backup material
based on that memo and based on
existing case law regarding
vested rights, I cannot set
aside footnote seven for this
project as many of you would
think on the merits of
the project itself as laid out
compelling reasons for how this
project complies with
the general plan community plan
and with the zoning regulations
as they existed at the time of
the application was deemed
complete and I have not seen
any compelling evidence that
raises to that legal standard
in the record that convinces me
otherwise.
The appellant's original appeal
documents the claims,
the waivers conflict with our
state policies but I do not see
sufficient evidence in
the record to Lively's waivers
as they center on
the previously debated issues
of Footnote seven and
consistency with the general
plan and community plan.
So I have two quick questions
that I want to make sure that I
understand on this project and
MR. Boyd or staff whoever wants
to answer that let me give you
the easy one.
The secondary access does have
gates as was clearly described
by the fire marshal but
pedestrian access is allowed
That is correct or
the secondary.
That is correct.
And then the other one we've
talked a lot about it but I
want some confirmation there
are 13 deed restricted lots to
be located.
Where are they going to be
located in the 423 unit project
per your housing commission
requirements Those 13 units
must be equally distributed
throughout the entire project.
They will not be concentrated
in certain places.
They will not.
Okay.
Thank you for what I suspect
of.
I thank you for confirming
that.
So with that based on my
independent analysis I believe
the findings of the project are
supported and I will second
the motion for the staff
recommendation.
So with that we will go to
Council Member Campo Thank you
Council PRESIDENT Thank you to
the members of the public for
their participation today and
for our city staff as well and
the long effort that this took.
I'll start with some brief
questions.
One of the first ones that
seems pretty straightforward
about the notice it had to be
notice was JUNE 22nd, correct?
That is correct.
Okay.
And were posters with or
posters or PDFs on Internet
sites or anything like that
posted on JUNE 22nd Seeing this
index of where it was posted at
the site and all that seems to
suggest it was later than that
But I'm wondering what evidence
you have.
The project was properly
noticed.
Notices were mailed out as
required.
It was also posted on the City
Council's website and then
distributed to through the San
Diego daily transcript.
At the same time the applicant
was also sent their notice
which I confirm received on
Friday JUNE 26th and then they
followed up by posting
the notice on the project site
on JUNE 29th when they
submitted their evidence of
posting I noticed that
the posting had the wrong
header on it and immediately
notified the applicant to
correct the header and make it
so that it was visible that it
was a notice of public hearing
for city council.
i see so I can get my city
clerk wants to read it.
Sorry I did just want to
confirm that my office did do
the notice saying we have
the mail certificate as well as
the mail stands for everything
that we know as well as I've
seen on public postings such as
Reddit that people did receive
these postings and we also
received that as well as
the daily transcript.
My office did do that as well.
>> Thank you Council PRESIDENT.
I know my time is running at
the at the moment I understood
So the city did its part.
>> It sounds like a developer
had to put their notice up on
the fence as well.
That is correct.
Okay.
If they are faulty but we're in
compliance as a city, does that
impact them process at all?
>> It does not.
The municipal code has a
section that speaks to errant
posting stating that
the posting required by the by
the section is intended only to
supplement other noticing
requirements of this division.
Understood.
So their problem is not a
legally valid problem is what
you're telling me that is
correct.
Okay.
That that municipal code I take
it is there's not a broader
concern about that or it's just
municipal code.
Is that an adoption of state
code or is that just our city
law That is our city
regulations.
Okay, Very good.
All right.
Question for the city
attorney's office.
Footnote seven obviously
applies as the law When this
development was completed its
application So the date it was
vested on just because it's
vested it's a complete
application that doesn't mean
that we can't deny the project
right?
>> Councilmember You can deny
the project however it needs to
You need to make those specific
written findings in order
Tonight I understood Okay.
One of the aspects that came up
was was some of the fire issues
I know we had the response from
the fire marshal and it was on
one of the slides It said
the appeal pointed out a lack
of an analysis and then
the slide said it did not
trigger an analysis.
Am I reading that correct?
That is correct.
That project did not trigger
further analysis.
Okay.
Why didn't it trigger further
analysis?
Because the project is
consistent with the community
plan density that was
prescribed from the 2015
Community Plan update
Furthermore, it was previously
also identified as residential
development in the prior 1987
Community Plan.
Okay then the 2015 Community
Plan update not have
the density is rs one seven it
was rs12 at the time it had
the prescribed density for
affordable units per acre.
The rs17 is a zoning
designation not identified in
the community plan.
Okay so slightly different
thing.
Explain that a little further.
So you're saying there's a
sense you said that's very
legally important.
You said the development is in
conformance with the 2015 plan
community plan.
>> That is correct.
Okay.
So the fact that they're taking
advantage of deeper density as
allowed under footnote seven is
immaterial to a determination
if it needs or triggers a
public safety analysis.
A report from the fire marshal
That is correct because it has
consistency with the prescribed
community plan density.
Okay.
So the community plan density
is what you set forth to all
for polling units per acre.
Footnote seven said the lot
sizes are 5000 at rs one to as
opposed to 20,000.
That doesn't seem to line up
very well.
Can you explain it with with
the calculation so 43,000ft
per acre and 5000 foot lots
that would make them match up
so they would match up with
each other at four dwelling
units per acre?
Okay.
My understanding is that so
this parcel of land is it not
rs one two or it is it is
currently zoned rs one two
Correct.
Okay.
Understood.
Let me ask you a question about
the some of the variances that
the applicant has asked for.
It looks like the materials
from Planning Commission show
that there's 123 residential
lots and 107 of them exceed
the city's maximum driveway
curb opening standard.
>> Can you explain what that
means That was proposed so that
they would be able to have two
vehicles parked in the driveway
and our regulations would limit
the driveway with opening to
20ft where they're requesting
22ft.
>> Okay.
Does that have any impact on
fire safety?
Does that have any impact on
public safety?
That would require a deeper
analysis.
It sounds to me like we're
deviating from something that
is required citywide and
allowing a special adjustment
here.
>> It would actually
the purpose of it would be
actually to remove vehicles
from city streets, right?
So that would make more
availability onto the streets
and bring those vehicles onto
private property.
Okay.
Understood.
Let's really let's talk about
the 2015 programatic year for a
second.
>> Is that the basis for which
there wasn't the is that part
of the answer to why there
wasn't the additional public
safety analysis that that
that's the programmatic air was
part of the community plan
update that you talked about in
2015, correct?
That is correct.
And we do have environmental
staff here that reviewed
the project that would be
answer that will be able to
answer more detailed questions
.
Okay.
Hi, this is Donna marshall with
Environmental Analysis Section
of dsd.
>> Can you repeat your
question?
I'm sorry.
Certainly So one of the reasons
we're not seeing a deeper
public safety analysis or
report that wasn't triggered is
because of the saying
the application is in
conformance with the 2015
community plan And there's a
programmatic air that went with
that community plan, correct?
Correct.
Okay.
So we're using that air at that
time to set the environmental
standards for this area.
>> Correct.
And this project was reviewed
under that program air Correct
.
>> Okay.
If the density that was creat
that is being allowed under
footnote seven had been
included or actually been
incorporated into the plan in
2015, would that programmatic
air have had anything
potentially different about it
given how many more homes would
have been allowed in the area?
So this project is consistent
with the land use designation
for this site which is 0 to 4
units per acre And so this
project density was considered
within that air and so there is
no change.
>> Okay.
So what I'm hearing is that
what's being proposed whether
footnote seven was passed or
not wouldn't be allowed or
would be allowed.
So footnote seven is immaterial
to this in this entire
discussion right now.
>> Correct?
Okay.
And Councilmember Campo and I
think probably the question is
that were alluding to is would
the project be able to move
forward regardless of footnote
seven Right.
Okay.
To address that question yes.
The project is consistent with
a community plan density
the prescribed density at 0 to
4 dwelling units per acre.
>> The project would be able to
move forward but it would have
to go through a different
avenue allowed through
the municipal code.
>> What avenue would that be?
So through the provision of
density bonus the project would
be able to be able to move
forward.
The difference being here is
that if they moved forward that
direction they would have to
request additional incentives
and waivers.
>> Okay.
So I guess there's this seems
pretty confusing to me that a
lot of what I understand this
project to be utilizing is
footnote seven to get where
they're going.
But you're saying they don't
use footnote seven at all.
They are using footnote seven
for this project but there are
other avenues to get to this
project without the utilization
of footnote seven.
Okay.
So I do Okay that's important
because what I had just been
hearing was that this would be
allowed under footnote seven
without footnote seven at all
And you're saying they do use
footnote seven So that's
important.
Okay.
If footnote seven were never
part of it and they use
the alternative methods
the bonus density issues would
that have then through that
process triggered public safety
analysis that was not triggered
in this situation or is that
still immaterial?
It's still immaterial because
it's within the prescribed
density allowed by
the community plan and
reflected in the program air
for the community plan update
Why would the applicant want to
use footnote seven instead of
the other avenue that you
mentioned?
>> I will defer to
the applicant on that Sorry are
you following my logic?
And they used to think well I
can answer that question.
Thank you MR. Boyd When we file
applications any application
it's implied that we're going
to follow the law, follow
the rules, the standards and
regulations of the city as
the case here today.
So when we provided our
applications it was under then
the footnote seven which
allowed minimum lot sizes of
5000ft.
But the overriding iteration
under the program document is
you're limited up to a maximum
of four units per unit.
So as long as we stayed within
the approved density we went
with what was on the zoning
books we would not have
considered a density bonus.
We intended to satisfy our
needs with what was being
provided to us through your
zoning at the time.
>> Okay so we had two avenues
to for this applicant to get
their project through is what
I'm hearing.
That is correct but we do not
give applicants alternatives to
get to their end product.
We review the projects as they
are submitted So if the project
came in utilizing footnote
seven that is what staff based
our review on.
>> Okay.
From your perspective what
going through the other avenue
have been more difficult
triggered different types of
laws the density bonus
regulation in this particular
case would not have triggered
anything additional.
The key point here is that
the developer regardless of
which avenue they went they
chose not to take a density
bonus for the project.
Okay.
All right.
We still have a minute 45 I'll
reserve my time.
Thank you.
Council PRESIDENT All right.
Thank you.
Council member Kim Peel.
We'll go next to council member
Eli Rivera.
All right.
Thank you Council PRESIDENT.
Appreciate all the work from
staff on this the engagement
from and with community
Councilor Foster thank you for
your and your team's
considerable work on this.
I, I just wanted to speak to a
couple of things that came up
during the conversation here
And the first is
the acknowledgment that there
are long term consequences for
the disrespect and
disinvestment from communities
and that is valid and real And
the city of San Diego suffers
as a result of that in
neighborhoods throughout this
city And that is a tragedy that
will take many, many years to
even make amends for because it
can't be undone And it makes
conversations about the future
more difficult because how are
folks to trust that
the commitments being made will
actually follow through to
follow through on if that's
never been the case in the past
.
So I want to acknowledge all of
that At the same time what we
what we have in front of us I
think is is is really important
for where the city is trying to
go and where when I hear
Councilmember Foster speak to
the way that housing was was
provided the stability that it
provided for your family I
think I think about MS..
Nash his comments and I don't
think there is a single time I
have spoken to MS..
Nash where she hasn't talked to
the district for Councilmember
Foster before I even knew you
or you knew me I was watching
you stick up for District four
and demand better for
the community And it's it
happens every single day.
We're on this dais with an
unwillingness to to compromise
because of the way you love
your community.
And what I heard you say when I
heard MS..
Nash say and I heard others say
is something that people are
wrestling with in multiple
parts of this city And it's
the realization that without
more housing the generations to
come will not have an
opportunity to stay in this
city and they'll certainly not
have an opportunity to stay in
the neighborhoods that they
grew up in And I that is that
is incredibly compelling to me
because I didn't have
the opportunity to stay in one
neighborhood for my entire
childhood And I see what that
means to folks who did And and
it's special And to write off
my generation and the next
generation the generation after
that from having
the opportunity to go to to to
raise their own kids in
the communities where they grew
up is is an injustice in its
own in its own form.
>> I think community character
comes from people and people
need homes and they will not
have homes if more homes are
not built.
And to anyone who's questioning
the affordability of these
homes, I'm right there with
you.
Housing is too expensive.
>> There is no cheap housing in
San Diego.
You can just I'm going to pause
for a moment, take my time.
Foster has been absolutely
uncompromising in the in his
expectation that what is built
in his community is a quality
and is not a replication of
the past practice of allowing
anything to be built anywhere
to the point where we've
actually disagreed at times
about the need to create more
opportunity.
I see what's presented here and
what I am very confident of is
that if those homes are built
and families move in them it
will be the realization of a
dream for those families and
the opportunity to plant roots
similar to what Councilmember
Foster and others who love
District four and love San
Diego have been able to plan
And I think that's a really
good thing And I will
acknowledge again that change
is difficult.
I will engage again that
district for southeastern San
Diego and other parts of
the city have been done wrong
by the city and by done wrong
by others for far too long.
But that doesn't change
the merits of what's in front
of us The legality of what's in
front of us.
And so for those reasons I'll
be supporting the motion.
Thank you.
All right.
Thank you.
Council member Eli Rivera.
We'll go next to Council
PRESIDENT Pro Tem Lee Thank
Council PRESIDENT And first off
I want to thank Councilmember
Foster for taking the time to
walk through numerous aspects
of the project and the proposed
appeal and hitting on a lot of
questions I'm sure folks want
to ask as well that was
appreciated and I will thank
you also for taking on
the repeal of Footnote seven
and ultimately mapping out for
us today the timeline of how
that came about But also again
speaking frankly about your
approach when it comes to
addressing minimum lot sizes
because I think that's an issue
that was easily lost in
the footnote seven discussion
but still important I think
that Councilmember Foster's
push back with this
administration shown is also
what sparked the effort to
reevaluate the two density
bonus program and whether folks
like the result of that or not
we certainly didn't even all
agree here on this dais.
He sparked that effort.
Councilmember Foster and I
don't always agree on every
land use issue but what I'm
always consistently confident
of is that he's continuously
prioritizing the needs of
district for as council Mary
Lou Rivera shared and nothing
seems more consistent with that
than his office's continual
push not just for housing for
the sake of housing but for
economic opportunities
specifically through
homeownership opportunities.
>> So we've we talked a lot
today about footnote seven and
I think we heard it from staff
with some of the questions here
that even if Footnote seven was
not utilized, my understanding
is that the property owner
would still have the right to
build housing and perhaps it
would be fewer units of housing
And I could understand that
argument if that's why
the focus on footnote seven is
so significant.
Yet the appeal we've heard
today doesn't seem to suggest
that less homes would somehow
solve the concerns that have
been brought about.
Instead what I'm hearing is
that even the idea of putting
housing on land that is zoned
specifically for this type of
very low density housing is
somehow unacceptable And I
totally disagree.
We are in a housing crisis
again.
Not everyone likes to
acknowledge it but there
remains a particular need for
homeownership opportunities
across the city and especially
as we continue to discuss how
much new housing across
the city is rental units It
feels like we used to talk
about the American dream.
I grew up certainly with this
idea that if you get a good
education you can find a good
job, you can save up money, buy
a home, eventually start a
family.
And for young people today I
think it truly is nothing but
just a dream.
It's further away than ever
before not just because of
the high cost of living but
because of our lack of housing
availability and as a result of
it the affordability of it.
And so today we're hearing a
project that proposes
the lowest possible density
threshold for housing 0 to 4
dwelling units an acre that
will provide for sale single
family homeownership
opportunities and that includes
deed restricted affordable
housing on site And we still
have that opposition which is
perplexing.
i understand and hear
the community is argument and
why many residents would argue
that this would have made an
excellent public park And in
fact I think you're right in
noting that the city must have
agreed with that in the 2015
community plan when it threw
out the possibility of for that
even this is without a doubt
from everything we've heard
from each of you a community
that legitimately needs
additional infrastructure, it
needs more park space.
That deficiency for parks is
not unique to you.
It is across the entire city
And in fact in my home
community here, Mesa when that
plan update was passed some
years ago it was perhaps
the biggest issue that was
brought up and that was in a
community where we were
proposing to add up to 24,000
housing units.
>> So I agree that the city has
to do better to acknowledge how
challenging it is to map out
updates to our existing
communities and community plans
and how we identify
opportunities for new parks
especially when we are now
looking at mostly infill and
redevelopment opportunities in
a city that is in many ways
built out.
So an often used argument that
I think we heard once again
today is that we somehow need
to meet our park deficiency or
infrastructure needs and until
then we should not build more
housing.
And again I just fundamentally
disagree.
We must work on both housing
and infrastructure and in many
cases the way the city is
structured with development
impact fees is that we will we
literally rely on housing to
deliver that infrastructure.
I know I'm in a community where
they waited nearly 20 years to
get a park project online
because they were waiting for
those impact fees to be
collected.
So we often talk about putting
more housing especially
affordable housing in high
resource areas and a
significant amount of new
housing has been north of
the eight in many of our
districts and we do so
specifically with the objective
of also avoiding a history of
concentrate poverty in
communities of concern.
And what I heard today from
some members of the public
seemed to suggest that today's
project under consideration is
once again concentrating
poverty and that argument is
false and we need to call that
out especially when we have an
item that provides something
that is quite the opposite of
that low density single family
residential homeownership
opportunities is that many we
have heard from in the past
have often been portrayed as
only being available in higher
resourced communities
Communities south of the eight
also deserve to have the same
access to quality housing
opportunities and good jobs in
schools and public services and
infrastructure.
So given everything we've heard
today, I do not believe
the necessary findings have
been presented to support
the appeal and so I will be
supporting the motion on
the table.
Thank you.
All right.
Thank you.
Council PRESIDENT Pro Tem Lee.
We'll go back to Councilmember
Campione Thank you, council
PRESIDENT And thank you for
that The time we have here a
minute 45 Appreciate
the comments of my colleagues
and and a lot of the policy
goals that they're pointing to
homeownership absolutely
important And there's I think
that any application will show
some good and some not so good.
You know, I support building
housing in San Diego and in my
district and other districts
across the city just yesterday
voted to approve a plan that's
going to bring thousands of
homes to San Diego.
But supporting housing does not
require the council to approve
any and every project on any
and every site under any
process.
We have to make findings
required by law.
This project depends on
footnote seven which is a rule
that reduced the minimum lot
size in this community from
20,000ft to 5000ft and
the development has had its
vesting rights Based on that
footnote as was made absolutely
clear as I've said before with
the Klauber project Footnote
seven I believe violated our
duties under affirmatively
furthering fair housing laws As
someone mentioned earlier
quoting me back to me it's
poisonous tree which is to say
i don't believe the city was in
a position to grant any vesting
rights to any applicant under
that legal mechanism because
how can a city grant property
rights while similar
simultaneously violating state
or federal laws?
I know that's a question that
reasonable minds can differ on
but I fall on the side of I
think it violated fha if
the applicant were to bring it
forward under other mechanisms
as staff explained I'd be
interested to know if it still
met all those standards under
the process but ultimately I'm
deeply skeptical that this
process which is
the utilization of footnote
seven is legal which is to say
I don't blame the development
team for using it.
I blame the city for allowing
it to happen in the first
place.
>> I also want to be clear
about the Housing
Accountability Act that my five
minutes plus three okay
COUNCILMAN, thank you.
>> I want to be clear about
the Housing Accountability Act
and as a person who's
absolutely wide eyed about
litigation risk, the act does
not require the city to approve
a project regardless of any
potential defects and we heard
today about issues of notice
and secret compliance and
public health and safety other
findings for discretionary
permits and waivers.
But I would focus on the fair
housing obligations.
The objections from
the community are not based on
generalized opposition to
housing or subjective
neighborhood character or a
desire to reduce density simply
because they don't like
the project they brought up
consistently the legal findings
that need to be required
including whether that project
complies with state and federal
law.
So I have consistency with my
prior position on Footnote
seven Questionable adoption I
would support the granting of
the appeal and reversing
the Planning Commission's
approval.
>> Thank you.
>> All right.
Thank you.
Council Member Camp Hill.
So with that I don't see
anybody else in the lights.
We have a motion by council
member Foster and a second by
myself to move the staff
recommendation which is up on
the screen.
Clerk Please call the roll.
>> I'm sorry the voting system
Please cast your vote That
passes 8 to 1 with Council
member Campo voting no Thank
you.
Council PRESIDENT Thank you.
With that we are now adjourned.
Council to the next regularly
scheduled Council meeting on
Monday JULY 13th, 2026 at 10