28th, 2025 to order.
>> Clerk please call the roll.
Thank you.
Council PRESIDENT Council
Member Campbell Council Member
Whitburn here Council Member
Foster there Council Member Von
Wilpert Council PRESIDENT Pro
Tem Lee Council Member Campo
Council Member Moreno and
Council Member Isla Rivera
present and Council PRESIDENT
LaCava present Also attending
the meeting our senior Chief
Deputy City Attorney Carrie New
for Independent Budget Analyst
Charles Monaco Council Affairs
Advisor in the Mayor's office
Good advisor and myself your
city clerk Diana Fuentes they
cannot present.
All right.
Thank you.
Clerk We have a quorum.
We will begin this morning with
the land acknowledgment and
the Pledge of Allegiance led by
council member Moreno Thank
you.
>> Please stand.
>> We respectfully acknowledge
that the culmination 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 land and culture.
Today they carry their legacy
forward ensuring that their
traditions continue to thrive
and gratitude and strength We
stand with the culmination
connected to our past and
committed to a thriving future.
Now if you please place our
flag, put your heart hand over
your heart and repeat after me.
I pledge allegiance to the flag
of the United States of America
and the Republic for which
stands one nation under GOD,
indivisible with liberty and
justice for all.
>> All right.
As I mentioned, we have a
quorum and is now the new
practice.
We'll be starting with
the proclamation And for
clarification on the record,
item s501 is being presented by
council member Reno and by
Council member Foster Clark.
Please proceed with public
comment on the proclamations.
>> Thank you.
Quickly I'll just go over how
the public can offer their
public testimony during today's
meeting.
If you are in person please
complete the speaker slip
located at the entrance of
chambers and bring it to
the front of the room.
Please come at your speakers up
in a timely manner to ensure
proper meeting management
Council ambassadors are
available near the entrance of
chambers and can assist with
questions and speakers slips As
a reminder no further in-person
testimony will be taken once
the council begins Virtual
testimony.
If you would like to
participate virtually you can
do so via the webinar
information found on the Agenda
cover page.
Members of the public who wish
provide virtual testimony must
enter the virtual queue by
raising their hand by either
dialing sa nine or pressing
the raise your hand icon before
the queue closes.
The queue will close when
the last virtual speaker
finishes testimony or five
minutes or whenever the last
person speak speaks whichever
occurs first for meeting
management purposes during
the proclamations and consent
portions of the agenda speakers
will have one minute per item
and up to a maximum of three
minutes If there are three or
more items in that portion of
the agenda for the proclamation
items we have quite a few
speakers.
If I can have the following
individuals please come
forward.
Dennis Don and Natasha Wong
Louie When Karen Mack Maga
Magpie Kathleen Dang and Lauren
Garces you're speaking on items
30 and 31 subjectively.
>> Dennis You can come up to
the microphone oh good morning.
Council PRESIDENT LaCava
Council PRESIDENT Pro Tem Lee
and honorable Council members.
My name is Dennis Tome,
Commissioner for Arts and
Culture representing District
six.
I'm deeply honored to be
reappointed to this role today
and continue to serving our
community.
Before I begin I want to take a
moment to acknowledge
the devastating fires affecting
Southern California.
Our hearts and prayers are with
the families and victims
impacted as well as the brave
firefighters and first
responders working tirelessly
to protect lives and
communities.
Their courage reminds us of
the importance of coming
together in unity especially
through these times of crisis
As we reflect on the strength
that has carried us through
difficult times.
We are reminded of
the significance of embracing
who we are regardless of
the challenges we face.
For me this journey of
embracing my heritage wasn't
always easy.
Growing up I was teased for
being different, for speaking a
different language at home and
for celebrating traditions
others didn't understand.
But as I've grown I've come to
see that our differences are
not something to hide.
There's something to celebrate
rather than isolate.
The proclamation of a lunar new
Year is more than just a
recognition of a cultural
tradition.
It's an opportunity to reflect
on the colorblind values that
bind us together as a city
family renewal community and
hope.
These principles transcend our
differences and remind us that
even in the face of disaster or
division we are strongest when
we stand together.
Just as a snake sheds its skin
to grow.
This proclamation marks a
moment for San Diego to embrace
growth that comes from
understanding and honoring
the cultural richness that
makes our city so unique.
It allows us to inspire future
generations to embrace their
heritage, to share their
stories proudly and to create a
more inclusive and united San
Diego.
On behalf of the Asian
community, thank you for your
leadership in making moments
like this possible.
Together we can continue to
build a city where everyone
feels seen, valued and
celebrated.
Thank you And happy Lunar New
Year.
>> Thank you.
That does conclude your time.
Natasha you also have two
minutes speaking on items 30
and 31.
Thank you.
Good morning.
San Diego City Council Members
My name is Natasha Wang and I'm
the PRESIDENT Of the House of
China, the superintendent of
the Chinese school San Diego
and also a commissioner on
the Commission of the Status of
Women.
I thank you this morning for
recognizing Lunar New Year, our
most important cultural holiday
for Asian-Americans and our
Chinese-Americans as a
Chinese-American woman I was
born and raised here in San
Diego and as long as I can
remember this was the most
significant holiday for our
family.
But it wasn't always celebrated
in the mainstream America or
here in San Diego.
And more than 30 years ago my
family and some community
members we helped create
the Chinese New Year Street
Fair here in downtown and a
very small simple dinner Last
Saturday our organization
celebrated our 46th annual
Chinese New Year's Celebration
the largest Chinese New Year
gala in San Diego with almost
500 in attendance And it was
attended by COUNCILMAN
PRESIDENT Joe LaCava,
COUNCILMAN Kent Lee, City
Attorney Heather Herbert and
San Diego Police Office Chief
while we thank them for their
support.
Now today and this this year we
see many San Diego's come out
and celebrate with us
especially over the next two
weeks the House of China We
will celebrate in Balboa Park
FEBRUARY 15th and 16th with
city with COUNCILMAN Whitburn
and COUNCILMAN Kent Lee opening
our ceremonies.
It means a lot to us to have
our city representatives and
our San Diego and community
celebrate because it means we
belong.
It means we value the Chinese
and Asian-American cultural
diversity and we appreciate it
And we are so proud to share
our culture and our traditions.
Thank you so much.
>> Next is Louie with.
>> Good morning council
members, gentlemen And I'm
gonna.
Happy New Year's in Vietnamese.
Some of you MAY recognize me.
Probably because of my fedora
because that's what I wear.
But I'm also a trustee of
the San Diego City Employee
Pension Plan.
The mayor appointed me about
four years ago.
I'm also the incoming ceo of
say, San Diego, a nonprofit in
town about 50 years in
existence.
I am the first Asian American
ceo.
We serve about 35,000 San Diego
in a year.
Of that about 1000
Asian-Americans.
And of that about 350 school
aged children who we serve
every day, day in, day out.
I came to the us as a refugee,
grew up in Tulsa, Oklahoma.
At that time New Year's
celebration that celebration
was a very modest affair.
We would make some home cook
and family get together.
It was a not a very large
community.
And so it was a very
marginalized celebration.
It was a celebration almost in
hiding.
Being here in San Diego for
the last 20 something years and
seeing the elevation of one of
our most important family
gathering and cultural
gathering to be celebrated at a
city level I think is just an
amazing testimony of where this
city has come and gone and
arrived at.
Also I'd say San Diego we have
30 something languages across
all the people all the young
people, the families that we
support.
So in the spirit of that I
would encourage and I would
love to see the other amazing
cultures in our in our city be
celebrated as well.
So again, thank you for having
us today.
Love the proclamation and
please keep up the great work.
Thank you Karen.
>> Good morning.
City Council your dedicated
staff and to the community
members behind me.
My name is DR. Carmen Malcolm
who by?
I am a proud educator but more
importantly I'm someone who's
loved our San Diego communities
for over 45 years despite my
not being born here.
>> I have to share with you
since JANUARY 20th my heart's
been a little bit heavy because
I have students and I have
friends who now fear for their
health, their safety and their
well-being.
So celebrations like the one
we're about to have today
together are key because they
affirm who we are as a people.
They affirm that no matter
where we're from we're here now
in San Diego and we all belong
here In other parts of
the country, celebrations like
this wouldn't be allowed.
People like me wouldn't be
allowed to teach What I teach
and that weighs heavy on my
heart.
And that's why celebrations
like this are so key.
I read that the year of
the snake means fire and
passion.
I personally don't celebrate
Lunar New Year but I celebrate
my friends and community
members who do.
And I'm asking each of you in
the years ahead to hold on to
that fire and that passion to
make sure that we let all of us
who are here in San Diego know
that they are welcome, that
they are loved, that they
belong here.
>> I'm proud that we have
students who are here to
witness that.
It's powerful when community
members come together and we
ask our decision makers to make
choices on our behalf, That's
really key.
You all belong here as well.
So I thank you all.
City Council.
Please join me join all of us
in reminding the rest of our
country that San Diego is not
beautiful just for our beaches
and our sunsets.
It's beautiful because of
the people Here we are
the beauty of San Diego.
Thank you.
Happy Lunar New Year Catalina
Catling Thank you.
>> Good morning.
City Council and city staff I'm
Kathleen de Bord secretary of
the Chinese Consolidate
Benevolent Association, one of
the oldest Chinese-American
organizations founded in
downtown San Diego in the late
1800s in what was then
the Chinatown of San Diego a
place for Chinese immigrants to
arrive to San Diego.
>> Many notable people have
roots from this area such as
former San Diego City Council
member Tom Hom.
We founded the First Lion Dance
team the Lucky Line Dancers led
by esteemed elders the late
Rollie Quan and the late Albert
Wang.
Our organization has been
active in San Diego for over
125 years focused on community
service, cultural heritage and
generational belonging.
We're producing the 42nd San
Diego Chinese New Year Fair in
downtown San Diego on FEBRUARY
8th and ninth and we are
honored and proud to be here to
recognize the Lunar New Year
with representatives from many
diverse cultural organizations
of our region.
Please know there is more work
to be done to recognize and
amplify the communities who MAY
not be present in this room.
We encourage the city to
continue building pathways for
all communities to be empowered
and civically engaged every day
of the year and not just during
cultural holidays.
Wishing you all a happy lunar
New Year and you're the snake
going Hey Fat Choi.
>> Tuchman Numbly in cnn Kuala
thank you.
Next is Lauren Garcia and you
only spoke to item 30.
>> Did you want to speak to
item 31 as well?
Thank you.
Please proceed.
Good morning and aloha.
Honorable council member, city
attorney and clerk and staff.
My name is Lauren Bell Sita
Garces and I am the current
co-chair for the San Diego
Asian Pacific Islander
Coalition.
Our coalition has grown to over
50 plus Asian and Pacific
Islander serving organizations
across San Diego County.
And as a Filipino-American
growing up in Hawaii I actually
didn't celebrate Lunar New Year
but I've been in San Diego for
over ten years.
And thanks to so many wonderful
non-profits here today and
beyond, we're able to celebrate
free community events.
We're able to go to amazing
small businesses and Asian and
Pacific Islander communities
that support these celebrations
like Convoy District Mira mesa
City Heights and beyond.
And I want to thank all those
amazing community leaders who
continue to support that work,
continue to welcome us to
celebrate with them.
And with that I want to thank
you all also for continuing to
welcome these communities,
continuing to represent them,
continuing to advocate them and
continuing to show why all
these beautiful communities
make San Diego such a beautiful
and diverse place.
We're here all to do the work
with you and we're excited to
do that work especially in
these challenging times ahead.
So with that with the spirit of
Lunar New Year.
Thank you all so much.
Wishing everyone prosperity,
health and wellness ahead.
Thank you.
>> Thank you, Joseph Joseph
Robert Ramirez.
Good morning.
My name is Joseph Rancho
Ramirez.
My students call me Professor
George Our prophet Jojo.
I'm a professor of Asian
American studies at
Southwestern College and I live
down south in 92154.
I want to actually talk to you
all about the importance of
2025 and the upcoming 2026
Lunar New Year for many folks
who are from Southeast Asia,
the Vietnamese community and
the Chinese community in
Cambodia and Laos and those who
were influenced and combine
local communities with Lunar
New Year 2025 was the last time
they celebrated Lunar New Year
in their homeland.
2025 marks the 50th anniversary
of the refugee communities
particularly Southeast Asian
refugees here in San Diego
where many of them were
processed.
And next year 2026 will be
the first year they celebrated
Lunar New Year as refugees in
the United States.
So it is important to support
not just the cultural aspect
but how these celebrations are
connected to not just
the people to the land but
the story of overall San Diego
San Diego's as we celebrate
Lunar New Year, the fall of
Saigon, the diaspora of
Cambodian and Lao communities
in San Diego.
I want to make sure that we
also support why these studies
are important and how they are
connected in Asian American
studies in refugee studies and
how us as a community are more
than just immigrants.
We are people with stories,
lives stories that stories our
ancestors are all connected in
how we tell our narratives Here
in San Diego.
>> Thank you.
Thank you.
Next is Alan Alan Trent Hello
council members and City
Attorney.
My name is Alan.
I am the Treasurer for
the Vietnamese American Youth
Alliance.
I am followed here by Kendra
who is the current MISS Vietnam
San Diego for another few days
I would like to thank you all
for all your support for
the San Diego Day Festival.
This is something that is near
and dear to my heart from when
I was a volunteer for
the festival back in like high
school and just working my way
up into the organization to
where it is now and the support
that has been given to our
festival and our organization
has been amazing and something
that I hold dear to my heart So
for the years a year of
the Snake I want to give a
couple Vietnamese well-wishes
for every single one of you So
I'll do the translations in a
little bit But it is
essentially took my success As
always our some low drum toy
which essentially means I wish
you all plenty of help and for
each and every single one of
you to live till 100.
Thank you.
Thank you so much.
>> That does include public
comment for proclamations here
in council chambers I put five
minutes on the clock going to
those participating remotely
starting with 7968 If you can
please let me know which item
or items you wish to speak to.
Thank you.
City Clerk 2830 31 and 501
please You'll have three
minutes.
Please proceed.
I join you at a district three.
First of all, thank you
everybody who just spoke it was
so beautiful The words were
just inspirational And
the beautiful colors You were
wearing that speak of
the spirit of your culture.
Thank you.
Thank you so much.
That was just so beautiful.
So I'll be here to see I it's
not my year so to speak, you
know, symbolize that it's
the snake I love snakes.
The Seahawks using their speed
and giving up their skin is so
powerful a metaphor for change
.
So each individual can do that
in their work for government
and our beloved government
workers all can look at
removing their skin in regards
to their work in government and
changing and just joining
the moment that is offered to a
will have a full one whole year
with the snake still going Hey
Joy I'm that and then 31 days
and you go oh by the way thank
you Mayor Gloria.
Council PRESIDENT Pro Tem Lee
and DR. Campbell council member
on that number 30 item and on
31.
Thank you, Mayor Gloria.
Thank you Again, Council
PRESIDENT Pro tem the DR.
Campbell excuse me I think it's
kind of shoot me.
Council member in Councilmember
Elizabeth I So thank you.
Thank you.
So city of San Diego Lunar New
Year we know it's a it's a
great week and I know there's
so many events offered to us so
everybody can have a chance to
participate And I love
participating in downtown is
very robust in the celebration
So thank you for offering that
whole week to us And that took
advantage of it In these times
which can be challenging we
need to celebrate And so that's
my vote.
One council member Moreno All
here of color all day I want to
tell you thank you for that.
Every time I hear you speak at
city council it's a roar and it
just is just who you are.
And I thank you.
Thank you so much for being
present.
There is city council and I
love your and I want to
recommend to the public that
every day if you need to
activate your roar listening to
Katy Perry on YouTube when she
sees her song war and so I love
these proclamations at
the beginning PRESIDENT My cava
and thank you and love you all
Thank you.
>> Next is Blair Beekman your
final speaker for proclamations
If you can please unmute.
Hi Thank you Blair Big Ben I
want to speak on items 30 and
31.
>> We'll have two minutes.
Please proceed.
Okay.
Thank you.
Hi Beekman Thanks a lot for
these items and for the public
Speakers earlier today are
speaking on them earlier this
morning.
I have just returned from
traveling to Southeast Asia for
the first time and it's in a
way my life is like 55 years
old kind of complete now.
It's a nice feeling and now
it's a matter of just working
towards next goals of life.
You know, what do I want to go
from here?
And so my life has been I've I
have major accomplishment in
traveling to Southeast Asia in
my life But it's a very
grateful feeling.
Good luck in continued work.
It was really nice to hear
that.
Well, we have really important
work to do about inviting
inclusivity about in
considering a care for all
human beings in how we work
within a society good luck how
we can continue to do that And
it's really difficult time and
I hope we can do it.
It's going to be a tough four
years and good luck how we just
work on we are we are of one
world and we need to
acknowledge that more than what
the current administration I
can just their minds can handle
They cannot handle concepts
that it can be okay to call a
place the Gulf of Mexico.
That's hard to take because
look how we work on that and we
can continue to call it
the Gulf of Mexico.
With that said, I also wanted
to thank the Laotian community.
I'm not saying that Laotian
community hopefully that kind
of saying it up in District six
They have they had a moon
festival I guess they're very
popular or they have festivals
anyway I don't know what
festival what so popular I
couldn't get a ticket to get in
last year and I hope they can
work in upcoming years for
their festival that has a
really good culinary vaccine to
it that it can be open More
time has concluded.
>> Thank you for that and that
concludes proclamation.
Public comment All right.
Thank you everybody that spoke
we don't usually get that kind
of enthusiasm among chambers So
I appreciate what you did And
just we don't normally allow
that much applause but when
the items are proclamations and
ceremonial, I think it's well
deserved.
So thank you all for your
enthusiasm and sharing it.
So with that I'll now turn this
over to my council member of
questions and comments and a
motion and we'll start out with
council member Campbell Thank
you so much.
I would like to have time to
remark on three of the parks.
First of all proc 32 this is
Officer Cirillo day.
I want to thank my colleagues
Mayor Gloria Councilmember
Whitburn, Councilmember campo
for joining me in proclaiming
JANUARY 28th 2025 to be Officer
Cirillo de where is there he
is.
Hey, Officer David Cirillo is
retiring from the city after a
remarkable 24 years in his
career in the San Diego police
Department.
Officer Cirillo started his
career back in 2000.
One has been working with
Western Division since 2002.
In 2008 he was assigned to be
community relations officer at
the Western Division, a role he
held for 17 years.
It's remarkable assisting
the community and improving
relationships and connections
between pd and the residents of
our city officers.
Cirillo has passionately served
the residents of the peninsula
and Old Town and District two
where he provided first class
constituents services at all
times.
Officer Cirillo, I want to
thank you from my heart for
your years of service for
always working so closely with
my staff and I.
It has been such a delight to
work with you.
Your professionalism and
diligence when working with our
community is something that our
office has appreciated
tremendously.
My chief of staff community
reps and all of us think very
highly of you and we will MISS
You.
Please don't be a stranger
again On behalf of District two
residents and my staff and I,
we thank you so much for all
the great work you've done all
your years of service to our
city and we wish you and your
loved ones much Relax and
happiness with your retirement
time.
Thank you so much for being so
great.
Next I would like to make some
remarks about the European Cake
Gallery.
This is I want to congratulate
the European Cake Gallery in
Point Loma because they have
their 50th anniversary this
month.
I know many of you have
probably eaten the good things
from there.
It's been a staple in the Point
Loma community since 1975 when
it was opened by its owner
Steven Ruzicka.
They sell many classic pastries
German chocolate cake, apple
strudel and Steven Specialty a
Swiss Black forest cake filled
with Now don't get too loud
about this but I know I did
when I first heard it filled
with chocolate mousse and
whipped cream.
What could be better?
San Diego has so many wonderful
small businesses that are
the backbone of our local
economy provide jobs for
residents and I am so happy to
see the European Cake Gallery
has been thriving in our
district too for so long.
Congratulations to Steven and
the European Cake Gallery team
for reaching this incredible
milestone in their history.
And last but not least this is
the year of the snake and this
year's the 20th anniversary
The Vietnamese-American Youth
Alliance's Tet Festival
the annual celebration of
the Vietnamese New Year.
This year's celebration will be
held in District two at ntc
Liberty Station from JANUARY
31st to FEBRUARY 2nd three day
celebration of the New Year
with traditional Vietnamese
food performances and cultural
practices such as exchanging
lucky red envelopes with loved
ones.
2025 is the year of the Snake
and our understanding in
the Vietnamese culture snakes
are associated with
intelligence and transformation
.
I want to wish everyone a happy
Vietnamese New Year happy lunar
New Year to everyone who
celebrates.
I hope everyone is able to
leave behind all the troubles
of last year just like a snake
sheds its skin and welcome new
beginnings in the New year.
Thank you so much.
Council PRESIDENT All right
Thank you Gautham or Gamble.
I'll go next to Councilmember
Moreno.
>> Thank you.
And first and foremost I'm
happy to make a motion to
accept all the proclamations
and I have comments on item 30
3132 and that's 5a1.
I'll begin with comments on
item as 5a1 Women of color raw
day Today I join Council member
Foster in proclaiming FEBRUARY
1st 2025 to be Women of Color
War day in the city of San
Diego.
This proclamation celebrates an
organization that has made a
significant impact on our
community by uplifting
the voices achievements and
aspirations of women of color.
Founded in 2018 by Angela de
Joseph Women of Color Raw grew
from a deep recognition of
the underrepresentation of
women of color in politics and
public service.
Misty Josephs vision and
dedication led to the stablish
ment of a platform that not
only celebrates black and brown
elected officials but also
inspires the next generation of
leaders to pursue careers in
public service.
Through events like the annual
Women of Color Raw Breakfast
and the newly established
Leadership Academy, this
organization empowers young
women from historically
underserved communities.
It provides them with life
skills, career development
opportunities and civic
engagement training ensuring
that they are well equipped to
shape the future of our city
and beyond.
Each year women of women of
color roar make makes it a
priority to include young
voices by sponsoring over 500
high school and college aged
women to attend the annual
breakfast.
These events give young women
the opportunity to connect with
successful community leaders,
engage with public officials
and envision their own future
as changemakers.
In addition, the Women of Color
Raw Breakfast is a platform
platform for showcasing
positive achievements in our
community where high ranking
officials and community members
come together to honor
the strength, resilience and
remarkable contributions of
black and brown people.
Today we acknowledge that
the strength and leadership of
women women of color have been
a cornerstone in shaping not
only our local communities but
also our nation as a whole.
Let us celebrate
the visionaries, leadership and
change agents who inspired all
of us and commit to supporting
the next generation of women
leaders who will continue to
make our city and our whole
world a better place.
It is with immense pride that I
ask this Council to join
Councilmember Knight in
officially proclaiming FEBRUARY
1st, 2025 as women of color
Fraud Day in the city of San
Diego.
Thank you for that.
Moving on to item number 32.
I would like to congratulate
and thank Officer Cirillo on
his retirement.
Thank you for your commitment
to the city of San Diego but
also to the folks in all of San
Diego.
I hear every day is Saturday
now moving forward So
congratulations on that.
I'd also like to comment on
item 30 and 31 which recognizes
San Diego Lunar New Year week
and the Year of the Snake.
I want to say I wish all San
Diegans a happy lunar New Year
And MAY Harmony bring you and
your family wealth, prosperity
and happiness.
That concludes my comments.
>> Council PRESIDENT.
Thank you.
All right.
Thank you.
So we have a motion to move
the proclamation and now we'll
go to Councilmember Foster.
>> Yes, Thank you, Council
PRESIDENT.
I'd like to comment briefly on
item 31 and item as 5a1.
Thank you to Mayor Todd Gloria
Council PRESIDENT Pro Tem Ken
Lee Council members Raul Campo
and Councilmember Shawn Isla
Rivera for bringing the Lunar
New Year week Proclamation
forward.
The proclamation brings
awareness and promotes mutual
respect for our Asian
communities in San Diego and
the communities where I serve
in District four.
On Friday along with the mayor
and Council PRESIDENT Pro Tem
Ken Lee, I attended the Asian
Business Association Foundation
Lunar Year Celebration.
I was honored to celebrate
Lunar New Year by feeding
the Dragons.
Let us during the Lion Dance
symbolizing prosperity and good
fortune for the year ahead.
Thank you to the aba for this
wonderful opportunity to
participate in this moment.
I want to wish everyone a happy
lunar New Year.
And that concludes my comments
for the item.
Also in regards to women of
color Broadway thank you to my
colleague Councilmember Vivian
Moreno as we proclaim Women of
Color Day in the city of San
Diego.
Thank you to the founder of
Roar Angela Joseph for being a
guiding light for women of
color in our region.
Roar is truly rooted in
resilience.
Raw champions, women of color
and their pursuit of civic
engagement and careers in
public service.
The District for office has
long supported the Women of
Color War organization.
I am proud to say District four
where I serve is home to some
of today's most incredible
elected officials.
Secretary of State DR. Shirley
Weber Assemblyman Member DR.
Lee Shay Sharp Collins Senator
DR. Akeelah Weber Pierson and
Supervisor Monica McEnery Stepp
all of which live in District
four.
Congratulations on your
milestone.
The seventh Annual 2025 Women
of Color War Breakfast
happening FEBRUARY 1st right on
time to kick off Black History
Month.
A lot of hard work goes into
pulling off an event like this
year after year.
Keep shining and keep roaring.
You are making history.
And that concludes my comments.
Thank you.
I'm going to take that as a
second.
Yes, sir.
Thank you, sir.
And with that we'll go to
council member Whitburn.
Thank you very much.
Council PRESIDENT
Congratulations to everybody
who is being recognized with
proclamations this morning.
I want to welcome everybody
here and everybody watching who
are celebrating Lunar New Year
and the year of the snake.
Thank you to each of you who
spoke about how important these
celebrations are not only to
you but to everybody in our
city all the people who value
everyone who makes San Diego
the great city that it is.
I thought many of your comments
were really poignant this
morning and I am proud that
downtown and the international
cottages in Balboa Park are an
important part of
the celebrations that are
coming up.
I also want to thank Officer
David Cirillo for his many,
many years of public service
and congratulate him on his
retirement from the San Diego
Police Department.
Officers Cirillo, as we heard,
has spent many years of his
career as a community police
officer in District three.
You have been so responsive to
the residents, the community
groups and so many people in
District three and elsewhere.
You have not only been
responsive to those concerns,
you have worked proactively
over the years to really help
the residents in in District
three.
When I heard that you were
retiring, the first thought
that came to mind is how is
that even possible?
But then it occurred to me that
I have known you for at least
17 of the years that you have
been in that role.
Which makes us both feel older
than either one of us would
want to feel.
But I.
I guess it's about that time
you have shown such dedication
as a public servant over all of
those years and work closely
with our city council staff to
address the needs of
the community.
You are an institution in
district three and you will be
greatly missed.
>> Thank you for your service
sir.
All right.
>> Thank you.
And we'll go next to
Councilmember Vaughn Walker.
Thank you very much.
And officers Will I'm going to
invite you to come up and use
of my time if you would like to
say anything.
Put you on the spot.
Of course.
And while you're coming up, I
want to say congratulations
again to all of my colleagues
for such great proclamations as
usual.
I'll end on yours, sir, but
please come on up first for
Lunar New Year, week and week
of the Snake.
I'm so thrilled that you all
are here.
Natasha the great fantastic
residents are five and I heard
all about the celebration this
weekend.
Thank you for your service on
the Commission on the Status of
Women as well.
I'm very excited for
the celebration.
It's something that we need to
highlight even more every year
And thank you for sharing
the history that your family
has contributed to San Diego.
I'm also very excited for
the woman of color of your day.
Thank you to my colleague
Councilmember Ramo for bringing
this forward.
And Councilmember Foster, it is
so important to create
opportunities to empower
especially young girls and
women of color to find their
footing here in the world and
step into leadership roles and
become our change makers.
So I'm very excited for
the women of color Breakfast
and Leadership Academy to
provide invaluable experiences
to equip young women with
skills in civic engagement,
engagement training and career
development and finally
officers Well I'm not thrilled
you're retiring for this city
but I'm thrilled for you.
Thank you for your incredible
service to our police
department.
Your role is one of the most
important roles because you
help build trust with our
community and you are the face
of the police department to so
many people who have questions
and have concerns and want to
report crimes.
>> So this is going to be one
of the first of many
retirements unfortunately
coming up with our police and
firefighters.
I'm trying to figure out how to
pass a law to prevent you from
retiring but I haven't figured
that out yet.
So please call me up If you'd
like to say anything, please
use my time.
>> Thank you very much.
I won't speak long.
i'm Irish, Italian and usually
I do And a lot of people know
me.
No, that's true.
I appreciate saints for coming
to see me off today.
I know that's not what you're
really doing here but my son
graduated last year from Saints
so I relate to you guys and
your teachers trying to keep
you guys in line today to
the community that's here today
representing the new year.
Thank you very much for
everything that you do making
sure that your culture is
shared with out throughout
the city.
To the city council.
I thank you all for allowing me
to serve the city.
I appreciate it so much.
My goal has always been never
to be about me but about
the people that I serve and
that includes the people,
the citizens and then
partnerships that I had with
the city council members and
the city council staff and
the mayor and the mayor's
staff.
So over those years I've seen a
lot of people come and go and
built long relationships with a
lot of the different people
here.
So thank you all for what you
guys are doing.
I truly believe this is
the finest city in America.
I think that our department is
heads and shoulders over any
other department in this nation
Whenever there's trouble
throughout this country I feel
as if that is not how we would
behave When I see some of
the things that are negative
that happen And I think that's
because of our leadership and I
appreciate our chief wall who's
taking us in a new direction
and all the support staff that
he has.
I appreciate the City council
for allowing our police
department to go out into
the communities and build those
bridges.
And I appreciate every one of
you in every one of your
communities knowing that you
guys go out there every day
trying to better our community
for the citizens.
I know at times people don't
always see eye to eye on issues
but that's part of
the discussion and that's how
we we build bridges and we work
together.
So I sincerely want to thank
City Council for all of you in
all of your different
communities and how you guys
fight for your people And
that's how I so I try to do it
for Western Division.
I tried to fight for
the citizens and make sure that
they were heard and help them
because together we can
continue to keep this city San
Diego the finest city in
America.
I think that we hold the bar
extremely high for other cities
to try to live up to and that
means our citizens, our police
department, our city staff and
our elected officials.
And I think that when we go out
to other cities we're able to
say well, why can't you be more
like us?
And while we're doing that
we're always trying to push
that bar higher.
So I appreciate you guys.
>> Thank you all very much.
Thank you.
Yeah.
And we'll go next to
Councilmember Ila Rivera.
Thank you.
Council PRESIDENT.
I want to thank my colleagues
for all the proclamations that
are brought forward today and
definitely thank the community
for showing up in the way that
you you have this morning.
Just I'm going to actually seat
as much time as possible to
council member Lee or Council
PRESIDENT Pro Tem Lee so that
he can share that with
the community.
I want to say thank you again
to the community for showing
up.
I want to say thank you to
the to the little Saigon
Foundation for inviting me to
attend their Lunar New Year and
Little Saigon Foundation Tet
Festival on Saturday.
As always that was a fantastic
event.
Great to see community Bravo.
It was actually like
legitimately cold weather not
just San Diego Cold but braved
the cold weather to be out
there And it's especially
reflected on some of
the comments made in public
comment and having that
festival in City Heights is
especially powerful because we
see such a great mix of
different cultures and
backgrounds and folks who came
to the same community from
different places But for
the same reason and for many of
the same reasons I should say
and have have built a really,
really strong community and
watching especially young ones
explore different culture and
heritage and food with one
another in this celebratory
environment is just really
powerful.
And I think again speaking to
what I heard this morning is
really is a great reflection of
what makes San Diego most
important.
Karen you're absolutely right.
It's not the beaches.
It's not the sunsets.
It's our people.
And and these celebrations are
a great way of reminding us
that.
So thank you for that.
And with that I will see
the remainder of my time to
council PRESIDENT Pro Tem Lee
All right Thank you With next
we'll go to Councilmember Campo
Thank you council PRESIDENT And
thank you to my colleagues for
this great set of
proclamations.
Of course wishing everyone
happy Lunar New Year And my
staff and I will be out at
the Linda Vista Farmer's Market
for the Lunar New Year
celebration this Thursday
between 2 and 7 P.M. At
the Linda Vista Shopping Center
and I look forward to seeing
many of you there though I am
sad that we probably won't see
officers there Willow there
being a crew for Linda Vista
parts of Mission Valley for so
so long.
I want to build off
the comments that my colleagues
and that you said for yourself,
sir but we're deeply going to
MISS You and know that the face
of trust of with the public is
almost always the first
interaction someone has with
their crew.
So for the good things people
think about our local
government it starts with
people in your role and you
specifically for the last
several decades for 24 years.
So thank you very much And I
salute you And that concludes
my comments.
>> Council PRESIDENT All right.
Thank you.
And Council PRESIDENT Pro Tem,
I understand you're ceding your
time for the special
performance or do you want to
speak now?
Okay.
You know, I was going to hold
just to be the last deleted
the performance.
>> Okay.
I think I'm going to be
the last I'll be now and then
we'll go to you.
Okay.
Thank you to my colleagues for
all the proclamations and
congratulations those being
honored a special shout out for
the recognition of the year
the snake in the Lunar New Year
and to have celebrated on
Saturday night and then again
this morning and embraced by
the joy and the resilience of
the Chinese and Asian
communities just makes this
year's celebration so much
sweeter.
Happiness, health and
prosperity to all who
celebrate.
I'll echo the comments of my
colleagues for Officer David
Cyril on your retirement clear
that you brought passion and
outstanding service to
the community she served and I
thank you for your 24 years of
outstanding service and
dedication to the Department
And item 33 which is the 70th
anniversary of the La Hoya
Symphony and chorus it's a
nonprofit and proud affiliate
with the University of
California San Diego
celebrating 70 years of musical
performances.
This milestone reflects
the commitment and innovation
that are brought to
the community through both
music and education.
Their engagement with youth has
made classical and contemporary
music more accessible as they
celebrate diverse musical
traditions.
Congratulations on 70 years and
many more to come.
And with I'll turn it over to
you sir.
Council PRESIDENT Or do we want
to take the vote and then you
can introduce the performance?
>> I can I can start okay.
And then we'll go from there.
Thank you.
Council PRESIDENT.
It's certainly now my privilege
to be joined by many of my
colleagues and the mayor to
bring forth items 30 and 31 San
Diego Lunar New Year Week and
the Year of the Snake here in
San Diego.
Starting tomorrow JANUARY 29th
we are excited to ring in a new
year with a new Zodiac animal.
And as a day that is celebrated
by over 2 billion people
annually, the Lunar New Year is
especially important to many of
our local Asian communities in
the state of California.
Lunar New Year was actually
recognized as an official
holiday just a few years ago.
And in San Diego we know that
Lunar New Year has been
celebrated by well over a
century beginning in the 1800s
when Santiago's first Asian
communities developed for many
families including mine, this
holiday is a sacred time to
reunite with loved ones to
feast, to wish for health and
prosperity and to engage in
traditions everything from lion
dancing to the gifting of lucky
red envelopes a tradition we'll
practice ourselves here in
the council chambers in just a
few minutes.
In addition, many of our
nonprofits small businesses and
community leaders help to
organize and support local
Lunar New Year festivals
throughout our region.
And as you've heard from many
of the speakers, these are
festivals and celebrations that
help to spotlight and enrich
our city as a whole.
And my office is certainly
privileged to partake in many
of these festivals each year.
And this morning I think we're
honored to be able to return
the favor by having many of
those aapi leaders here at City
Hall.
I like to take a moment to
recognize those folks who have
joined us today.
We have California Apia
Commissioner Matt Cooper Gay
and Human Relations
Commissioner Professor Swoosh
Alex and Lauren who are
the co-chairs of the San Diego
api Coalition.
Natasha, David, Lily, Cassandra
and Ernie from the House of
China and the Chinese School of
San Diego which you heard held
their annual gala just this
last weekend.
But the House of Chan will also
be hosting their Chinese New
Year Fair FEBRUARY 15th and
16th in Balboa Park.
Kathleen, Jacinta and Lauren
with the Chinese Consolidated
Benevolent Association that
hosts the Chinese New Year Fair
FEBRUARY 8th and ninth in
downtown off Third and j.
Ellen and Kendra from
the Vietnamese American Youth
Alliance and MISS Vietnam San
Diego who will be hosting their
ted Festival this weekend in
Liberty Station, the Little
Saigon Foundation who as you
heard from Councilmember Isla
Rivera hosted their festival
this past weekend in City
Heights.
As you can now tell, Lunar New
Year is celebrated not just
this month but next month for
weeks at a time.
The Little Saigon Foundation
will just recognize them.
Commissioner Dizzy Dewan from
our arts and Culture Commission
which will be reappointing
later this morning and is
the first appointed Vietnamese
to send congratulations Dizzy
learn from the Vietnamese
Federation of San Diego.
Sean we know you're back there
somewhere representing Viet
Voices and Hui from Pacific
Arts Movement and the host of
our integration Film Festival
Bobby and Peter from Lao San
Diego.
Louis Nguyen who shared that
he's the new ceo of Stacy
Naidoo as of this month.
Congratulations Louie.
i believe we even have team
members that are here from
Cross Creek chicken in convoy
representing And then finally
you're going to meet soon
the lucky line dancers Who are
the oldest line dance troupe in
San Diego Leah Rizzo, Annie
David John Kathleen.
And San Diego Police officer
Jonathan Lowe, our performers
who will be performing the Lion
Dance.
And thank you for the countless
line dances that you perform
throughout the month.
And of course shout out to all
the snakes who are in the room
today and to all the snakes who
know who will be born later
this year Specifically this
year is the year of the wood
snake.
And these are creatures who are
celebrated for their charm,
creativity and sharpness as
well as their ability to shed
their own skin symbolizing
transformation and renewal.
I'll give a special shout out
to the snakes in my District
six office as well.
Gretchen, Ana and Joe.
And thank you to Laurie from
Oscar t imports for providing
these beautiful snake themed
envelopes for the city council
today.
So thank you again to all those
who are coming out here to
celebrate with your elected
officials and the city.
I'll close out by officially
proclaiming in our city
the weeks of JANUARY 29th
through the Lantern Festival
day of FEBRUARY 12th to be San
Diego Lunar New Year Week.
And then by proclaiming
the entire year of January
29th, 2025 through FEBRUARY
16th 2026 to be the year of
the snake throughout the city
of San Diego.
Happy New Year!
Chuck Monomoy sending flock to
be seen in quite a company that
I thank you council PRESIDENT
And my colleagues for the time
and I'll turn to you to go
ahead and call the roll and I
believe after that will go
ahead And welcome to the lines.
>> All right.
Thank you, sir.
So we have a motion by
COUNCILMAN Moreno and a second
by Councilmember Foster to
adopt all the proclamations.
>> Clerk please call the roll.
I started the voting system.
Please cast your vote And that
passes unanimously 9 to 0.
>> Well, in addition, any
introduction you might want to
do, sir, we will have a special
performance of the Lucky Lion
Dancers followed by photos for
the Lunar New Year and then
also Officer David Solo.
>> So do you want to do any
special introductions now We'll
turn it over to the local
dancers.
>> All right.
You haven't seen like Eli and
the dancers you're going to get
a real treat
this
was all
about
I don't have a or
the shot.
Yeah, you're going to have I
Have you been You know I got
you your neck.
Yes
.
You got all right as the crowd
news out of chambers will get
on with the rest of the council
agenda and proceed with
the approval of the consent
items.
Are there any request to pull
an item by my council colleague
or not?
Did you want to pull an item?
Okay.
So first we'll start out with
public comment.
Clerk Please proceed.
Thank you.
Council PRESIDENT Please note
each speaker will have one
minute per item per person.
If you would like to speak on
three or more items you will
have a maximum of three
minutes.
The consent agenda includes
items 1053 52 103 107 and s504
we did not receive any comments
on items in the via the e
comment portal.
Also let me note for the record
the potential appointments and
re appointments that are on
the agenda this morning.
I don't want to two is
the potential appointment of
Christopher Lipski and
reappointment of DR. Alberto
Lopez Pulido, Dennis Dunn Fritz
Friedman and Lee and Kim to
the Commission for Arts and
Cultures.
Item 103 is a potential
appointment of Schuyler
McCarran to the Funds
Commission I don't want to is a
potential appointment of John
Akira to the Human Relations
Commission I don't want to five
is the potential appointment of
Eric Christian Gomez to
the small advisory small
Business Advisory Board Item
106 is the potential
reappointment of Giovanni
Ingoglia to the Mission Bay
Park Committee Item 127 is
the potential appointments of
Britton Nelson and Richard
Meeker Wallace to the Municipal
Golf Committee.
We have one speaker here in
council chambers for item 103
the Honorable William and Jr if
you'd like to come up to
the microphone you'll have one
minute for your comments to
the honorable Council members I
come shameless slee As a father
for Skyler McKeown I am
resisting the opportunity to
embarrass her.
>> She has a passion for San
Diego.
She is a third generation San
Diegan.
One of her gifts is mercy.
She's always since her youth
had a passion for social
justice and helping those less
fortunate.
>> I remember her looking at me
with those big brown eyes
saying Janelle is moving to San
Diego and he needs a place to
stay.
He's homeless.
So Janelle stayed with us
the entire summer.
She has been taking care of
seniors for free for years
because she has such a tender
heart When she was in high
school that p she was the only
daughter who insisted that her
father drive her to school and
introduce her to all my
apologies or your time has
concluded very much vote for my
daughter As five minute timer
has started hearing council
chambers going to those on
the virtual 7968 If you can
please unmute and let me know
which item or items you wish to
speak to.
Thank you.
In her 20s I will be speaking
on item 1 or 2 excuse me 1 or 2
through 107 and five All four
okay.
>> Okay You'll have three
minutes.
Please proceed.
>> Okay.
Thank you so much.
I'm combining 1o2 all the way
to Windows 7 with my comments
because there are all these
wonderful appointments for
appointments and so forth and I
really really am excited to
speak for this because first of
all thank you to three.
Thank you Mayor Gloria Thank
you Director China thank you.
A city attorney's office Thank
you City council and your
districts and all the people
all these wonderful people that
have come forward to take on
these positions Now the mayor
and his weekly newsletter was
very good about asking people
to serve on these commissions
and committees and so forth and
just put out a call for people
to do that.
Thank you for that.
Really, really appreciated your
outreach on that And of course
Director Tschida, what can we
say about her?
She's a dynamo And you know, we
just it's just a great
contribution and service and
thank you to all the people.
Let's see if I can read through
real quick here Excuse me Arts
and culture Funds Commission
Human Relations Business
Mission Bay Park Golf Community
I think that covers it.
So I'll switch to f 5 or 4.
Thank you.
Councilmember Rivera we are
here looking forward to
the select committee on Cost of
Living and thank you for giving
us that heads up about a month
to prepare for it because we
need to do our homework and be
ready for you and we're going
to have a robust conversation.
We're going to really looking
forward to hearing
the individual stories about
their cost of living situation
.
And so again it's going to be
robust.
I just have that feeling.
Councilmember Ito revered It's
a great idea.
Thank you for bringing it
forward and I look forward to
it.
So very much.
Love to all.
>> Thank you.
Next is Blair Beekman.
If you can please unmute and
let me know which item or items
Hi Pressure Beekman Item five
Door Calendar.
Okay You have one minute Please
proceed.
I hope that's the right number
.
Thank you for the legislative
calendar item for one minute I
wanted to address you talk
about ideas of equal
opportunity contacting
information I hope that is
related to you had a council
item a few weeks ago but they
were afraid State of the City
speech that talked about you
know, the future of equal pay I
can't quite remember it term
but it's a very common helpful
term of how we talk about our
you know, equal equal pay
issues in San Diego And that I
think relates to ideas like
the waste and that we work on
those part of it together.
Good luck in that work in
the coming years I was
interesting at the council
meeting a few weeks ago that
you talked about items related
to you know, what could be
the future of San Diego
immigration office again and
that could actually work in
your sorry your time has
concluded That does include
public comment on the consent
items.
>> All right.
Thank you everyone who spoke
especially the touching
comments by the father of one
of the nominees.
We will now go to council
member questions and comments
and entertain a motion for
the consent agenda and we'll
start with council member
Marino.
Thank you.
I have comments on item 102
appointment and reappointment
to the commission for Arts and
Culture.
I'm happy to support
the reappointment of DR. Albert
Alberto Lopez Pulido to
the Community for Arts and
Culture for the District eight
Representative Seat DR. Pulido
is the founding Chair of
the Department of Ethnic
Studies at the University of
San Diego and has been on
the faculty since 2003.
He's active with the Chicano
Park Steering Committee which
serves as the steward of
Chicano Park in San Diego.
He's also the director of
the Turning Wheel Mobile
Classroom Project, a
partnership between the Chicano
Park Museum and Cultural Center
and usd that provides mobile
space for supporting the needs
and challenges of local
communities.
He's also vice chair of
the Chicano Park Museum and
Cultural Center Center's
Advisory Board and DR. Pulido
does so much for the community
I know I see him often out in
the community at community
events and I'm just I thank you
for for sharing yourself to
the community.
You certainly embody what we
want in our community members
and how we want them to be
active and continue to give
back even when they've made it
right.
So I congratulate and I've just
I'm so thrilled to have you
continue on this role on top of
everything you're doing
continue to give back to
the city of San Diego through
the Commission for Arts and
Culture.
So I thank you for that very
much.
Finally I will record a no vote
on item 52 and I will support
the balance of the consent
agenda.
>> Thank you very much and I'll
take that as a motion to adopt
.
Yes, except for the item 52.
Understood.
>> All right.
We'll go next to Councilmember
Campbell.
Thank you.
Council PRESIDENT, I wish to
speak on two of our consent
items and I'd like to second
the motion to accept our
consent of first of all item 1
or 2.
I'm honored that Chris
Campbell's Kozlowski I know I
was going to do that Chris
Glove ski a resident of Ocean
Beach in our district two will
be appointed to the Arts and
Culture Commission.
Chris was the senior manager
for Arts and Community
Partnerships for the San Diego
County Regional Airport
Authority which has some
beautiful art.
Thank you for that Developing
programing with artists and
arts organizations in San Diego
And he led the creation of
the New Arts Master Plan and
worked on the development of
the arts programing and
infrastructure for our new
Terminal one at the airport
Prior to working at the Airport
Authority, Chris was cultural
affairs coordinator at the City
of Chicago's Department of
Cultural Affairs and special
events overseeing the program
of 80 music and dance concerts
presented on behalf of the city
of Chicago.
In addition, he sits on the San
Diego Regional Arts and Culture
Coalition Steering Committee.
The Obie Planning Board is a
registered member of
the American Association of
Composers Authors Publishers
and Songwriters of North
America And given his ample
experience working in the arts
and culture world for his
entire career, I support
the appointment of Chris Club
Ski to the Arts and Culture
Commission and I so appreciate
your willingness to serve And i
also want to give a special
shout out to my friend Fritz
Friedman who has been appointed
by the mayor to also serve on
this commission.
I would like to also speak on
item 106 and I am so honored
that Giovanni and Golia a
resident of Ocean Beach in our
district who is willing to be
reappointed to the mission Bay
Park Committee.
Giovanni is an independent
insurance broker and Medicare
covered California other
insurance markets.
He is also the owner and
operator of all American carpet
cleaning.
Giovanni served on the Ocean
Beach planning Board for eight
years the Obie Town Council for
two years.
There will be community plan
Update subcommittee and he
earned a Bachelor of Science in
Geography and Urban Planning
from Illinois State University
Professional Certificate in
Urban Planning from uc San
Diego and given his dedication
and overall knowledge of such
diverse subjects I call him
the Renaissance man I support
heartily the reappointment
Giovanni acknowledges to
the mission.
Bay Park Committee appreciate
Joe your your willingness to
serve again.
Thank you so much.
Thank you Counsel PRESIDENT All
right.
>> Thank you.
So we have a motion by
COUNCILMAN Marino second by
Councilmember Campbell Go next
to council member foster Oh
yes.
Thank you Council PRESIDENT And
i would like to just briefly
comment on item 1 or 3.
I really would just like to
take a moment to congratulate
MS..
Schuyler McCarran on being
appointed to the Funds
Commission.
I won't spend too much time
going over your professional
achievements.
I think China and the mayor
outlined that to a great extent
and just want to congratulate
you on all the work that you
have invested in yourself as
you have accomplished what you
have accomplished.
I would like to follow up on
the comments from your father
because I think it really
speaks to your heart and what
you do in the Encanto community
And oftentimes you're involved
in the rec center in doing
certain things.
But I like to say that and
think of it as you are actually
a part of the rec center and
the community always there
working with my staff, talking
with Tiffany on how you can
bring more resources ensuring
that the youth are very well
taken care of and have
the amenities even when it
comes down to their uniforms
and things of that nature to
make sure that they are able to
have a facility that they have
a safe place, a place that they
can call home and enjoy
the community the way you have
and also the way that I have.
So just want to congratulate
you on your appointment and
look forward to working with
you as we continue to move
forward.
So congratulations.
All right.
Thank you, sir.
>> We'll go next to Council
PRESIDENT Pro Tem.
We thank of course PRESIDENT
Sorry for the delay here on
item 1 or 2.
Wanted to take a moment to
thank Commissioners Lee and Kim
Fritz Friedman and Dennis
Doogan on their appointments to
the Arts and Culture Commission
.
Commissioner Kim is the founder
of Pacific Arts Movement which
presents the San Diego Asian
Film Festival.
She's a former colleague and a
dear friend who helped put San
Diego on the map when it comes
to arts and cinema.
She's also a yoga instructor
with many students here in San
Diego and is actually teaching
a class right now which is why
she couldn't make it.
Congratulations to Leanne on
her reappointment.
Commissioner Friedman is
the PRESIDENT Of Fritz Friedman
Company and has had a long
career in the entertainment
industry as well as has been a
producer on several film and
television projects.
He sits in several boards and
was an adjunct professor at
the usc School of
Communications and Journalism
at usc.
I want to congratulate MR.
Friedman as well.
And lastly congratulations to
Commissioner Dennis dessi Dwan
who we just heard from earlier
on our Lunar New Year item in
chambers today.
Does he have been a pillar in
the community and over the past
year has offered invaluable
insight to the city and
the Arts and Culture
Commission.
The owner of Black Lotus
Tattoo, the first tattoo studio
on Convoy Street and
the founder of the Dwan
Foundation for the Arts,
the author of Memento Embracing
the Darkness and much, much
more.
Does he as a leader in the api
community support supporting
many of our local cultural
events as well as having
recently completed his first
public mural art where he
donated over 30 hours of his
time to paint a dragon Phenix
in the heart of the convoy
Asian Cultural District.
Thank you Commissioner, for
your presence here today for
speaking on the lunar year item
and to speak to the importance
of our culture and community
being represented.
And certainly congratulations
again on your appointment and
want to thank the many
commissioners who are being
appointed or reappointed for
their service to the city.
Thank you.
Council PRESIDENT.
Thank you, sir.
We'll go next to Councilmember
Lipman.
Thank you.
Council PRESIDENT.
I would like to congratulate
everybody who is being
appointed and reappointed as
city boards and commissions
today.
Among them, as has been
mentioned is District three is
Fritz Friedman who is being
reappointed to the Commission
for Arts and Culture where he
has served admirably over
the past several years.
And I too would like to
congratulate Chris till
upscaled his appointment to
the Commission for Arts and
Culture Verity organizations
that benefit from the work of
the Commissioner in my district
and MR. Chalabi Ski's extensive
experience will certainly
enhance the commission.
And I want to congratulate
Cristian Gomez who's being
appointed to the Small Business
Advisory Board.
MR. Gomez has operated
the Whetstone Wine Bar
the Baker Sell at Establishment
known for an adventurous wine
list award winning scenarios
and gastronomic small plates.
I want to thank MR. Gomez MR.
Chalabi ski and MR. Friedman
for their service to our city.
Thank you, Council PRESIDENT.
All right.
Thank you.
>> Next council member Eli
Rivera.
All right.
Thank you, Council PRESIDENT.
I'm going to just build on
the comments made by my
colleague Councilmember Foster
Judge Judge Karen, you
mentioned that your daughter
has Grace and that she must
have gotten that from you
because she she would not have
spared you the embarrassment if
she was talking about you just
knowing how proud she is of all
of your accomplishments.
I just got to I had a chance to
know you for a while now and
I'm really excited to see this
appointment.
Kind of reflexively I assumed
it was for something in
the arts and when I took
another look and realized it
was for the Venice Commission
that made me even more excited
and proud for you knowing
the time and effort that you
put into building
the qualifications and resum\
to be the very, very qualified
appointee that you are.
So congratulations on that.
Thank you for being willing to
commit your time and service to
the city.
And the last thing I'll say is
I had a chance to go through a
leadership program with
Schuyler and Schuyler is one of
the most unique and authentic
leaders that I've had an
opportunity to stand alongside
And so I'm very excited to see
you take those skills
the professional experience
that you've now developed and
make sure that the city's funds
are being taken care of in a
way that I know will be
impactful to the people.
So thank you for your service
Schuyler.
>> Congratulations on your
appointment.
And with that I'm going to take
the privilege of a council
PRESIDENT And pause our meeting
and allow the students to leave
so they can make sure they get
back to class on time.
So thank you again for joining
us this morning.
I hope you learned a little bit
about how local government
works and got get to know some
of your elected officials,
right?
>> Yeah And I would just point
out that these are students
from Saint Augustine High
School.
Saint Augustine is located in
North Park.
It attracts students from
across the region for its
academic excellence.
Thank you very much for joining
us to thank you for your
interest in civic government.
Thank you.
Council PRESIDENT My apologies
Council member I didn't know
you wanted to add some more
comments.
Actually they're much quieter
than I would have expected.
We could have flipped out.
>> So with that we'll go to
council member Yvonne Wolpert.
Thank you and thank you to
the students for coming in as
well.
It's always good to see folks
getting involved in local
government.
I just want to congratulate
everybody being appointed
today.
Your Honor, I'm a lawyer so I
will always call you Your
Honor.
Thank you for coming in today
and speaking so highly of your
daughter Schuyler.
Congratulations.
Not only are you successful in
the private sector, you will
now be very successful in
the public sector as well.
I also want to thank MR. Gomes
for being here from Whetstone.
It is actually one of my
absolute favorite businesses in
the city of San Diego.
You have the most hospitable
team at Whetstone.
You have incredible wine
selection and we need more
small businesses like you.
So I just want to thank you for
creating such a wonderful space
in that beautiful area And
congratulations to everybody.
>> Thank you.
All right.
Thank you.
With that I too will
congratulate all
the appointments and those who
nominated them in particular
Item 124.
Proud to have nominated John
Secure to serve as a District
one rep on the Human Relations
Commission.
I appreciate your willingness
to serve our city And item 107
congratulate District one and
residents Brittany Nelson on
your appointment to
the Municipal Golf Committee.
And again thank you if you're
willing to serve in sharing
some of your personal time on
behalf of the city and on item
5o4 it's an opportunity for
once again to thank council
member Ella Rivera for standing
up to select Committee on Cost
of Living.
So with that see no one else on
the lights We do have a motion
by Council member Moreno a
second by Councilmember
Campbell.
Clerk Please call the roll I
sorry of the voting system
Please cast your vote That does
pass unanimously 9 to 0 with
Councilmember Moreno voting no
in item 52.
All right.
We will now take up our morning
discussion agenda Single item
please introduce item as 502
Thank you Council PRESIDENT
Items five two is the creation
of Underground Utility District
for North Claremont six l
Hamish Alameda for x and 4x1
and Barrio Logan eight h in
Kensington 3cc1 and
the adoption of the final
mitigated negative declaration
project number (595)959-4590.
If you'd like to speak on this
item please be sure to submit
Your speaker slips to the high
lectern and or raise your hand
by pressing star nine or
the raise your hand icon.
>> Thank you very much.
All right staff as you settle
in, introduce yourselves for
the record and let us know how
much time you need for
the presentation.
Good morning, Chelsea Cletus,
deputy director in
the Transportation Department.
With me is Jim Nibong,
assistant deputy director with
the utility undergrounding
Program.
We will need six minutes for
our presentation.
All right.
Please proceed.
Thank you very much.
Today we are bringing forward
the creation of districts for
five project areas.
>> a high level overview of
this four part process includes
today our first hearing where
council will be taking action
to vote whether or not to hold
a notice to public hearing for
these districts.
Step two which is mailing
notices to residents and
utilities.
The third step is a public
hearing and the fourth step is
the approval to dig a slightly
deeper.
Today is an opportunity to take
action that sets a notice to
hearing to determine that
district creation is in
the public's best interest.
Our goal is to have this set
four weeks from today FEBRUARY
25th, 2025.
If that action is taken today,
our next step is to follow
the public hearing process to
send emails, mail notices to
utility owners and property
owners in these areas.
The third step is to have
the notice to public hearing
where council can find and
determine that the creation of
those districts is in
the general public interest.
It will also look at the secret
documentation to approve
mitigated negative declaration
as well as notice of exemption
for these items and then per
the city's undergrounding
utilities procedural ordinance.
It will assign responsibility
so the creation of these
districts then assigns
responsibilities to utility
companies to convert their
overhead lines to underground
facilities.
It also puts responsibility on
property owners to either
cooperate with the city to
convert service connections or
to self perform those service
connections.
And then once those items are
approved we will be able to
move forward with notice to
proceed design, construct,
construction etc. And this is a
high level map of the locations
of the five districts we are
proposing to sort of get a
little bit more granular.
We have six ell North Claremont
in Council District two we have
both for x as well as 4x1 in
council district four.
We have Project eight h which
is in Council District eight
and Project three cc one and
Council District nine.
To reiterate staff
recommendation today is to
approve a resolution to set a
public hearing date to consider
the formation of the subject
districts on FEBRUARY 25th
2025.
And with that we are happy to
answer any questions.
Thank you.
>> All right.
Thank you for the presentation.
Clerk Please proceed with
public comment.
Thank you.
Counsel PRESIDENT I will note
for the record that there was
one comment in favor for item
as or to submitted through our
e comment form and that was
distributed to the council Here
in council chambers we have
Doreen Diaz.
You'll have two minutes.
Please proceed.
Thank you.
I am in favor of this project
but I am against the p did
misuse of the name of my
neighborhood.
There are two completely
separate neighborhood.
One is called Ham Russia
neighborhood And across the way
is Alameda neighborhood.
They are not one neighborhood.
I am so fed up with seeing
secret report and seeing maps.
COUNCILMAN Henry Foster heard
this personally on SEPTEMBER
21st at the Living Well center
from me as well as FEBRUARY
2024.
The maps are all wrong.
The Planning Department is
approving reports they approved
a air quality report that said
the Skyline Neighborhood
the Encanto Planning Committee
.
Well, Hamish is in the skyline
Paradise Hills Planning
Committee.
So if the planning committee
can't see mistakes such as some
company spendthrift company
reviewing an Encanto planning
map when it's the skyline
Paradise Hills planning map
that's a serious problem.
That means there were proving
report without looking at them.
So once again I am in favor of
this.
I strongly suggest you do a
public hearing.
Notice I did not hear during
this presentation what the cost
would be to homeowners.
Yes people have wanted this
undergrounding for a decade but
we need to know the cost and
it's going to take at least 90
days probably for people to
come up with money if it's
going to be more than a couple
hundred dollars.
So we need a public notice and
I will be going to every house
within 300ft ensuring that they
do get one.
Thank you for that concluding
comment.
I started the five minute time
we're hearing council chambers
going to those participating
online.
We currently have five speakers
starting with Lori Saldana.
If you can please unmute.
Yes.
Can you hear me?
Yes.
Please proceed.
>> So I'm calling about
the North Claremont proposal
for Block six l and I need to
ask what happened to the prior
block that was designated back
in 2019 as Prop block 6k2 for
an underground utility
district.
If you look at that map you'll
see it's north on Appleton
going northward up to the end
of the north Claremont area.
But the street which is
bordered just to the south of
that we received a notice
almost six years ago of an
underground utility district
and nothing has been done.
Now I know there was a
renegotiation of the franchise.
I know there was covid But in
the meantime another utility
district for undergrounding was
announced to the south of this
neighborhood and others went to
the north of this neighborhood.
But the one that was announced
on MAY 13, 2019 in a letter to
property owners saying that
the block 6k2 underground
utility district was going to
be formed has just apparently
disappeared from the process
And I have reached out to
the offices I went to
presentations on the other
districts.
No one can explain where
the process is so I will
continue asking and showing up
and requesting information.
All of these neighborhoods are
within a block or two of
canyons and open space and it
is a fire hazard to have these
utilities aboveground.
And for those few of us who
still have maintained mature
trees as part of the Urban
Forestry Initiative and are
doing our best to maintain them
even with overhead lines it is
adding a cost and a burden
because of having to trim it
back more often And so these
are all real costs and time
costs and I would appreciate an
update from Jennifer Campbell's
office on the status of six k
to your time to you included
Next is 7968 If you can please
unmute Thank you The city clerk
out a district three a decision
in my district but I really
when I saw and any in there I
immediately said I want to look
at this.
So a couple of things I heard
that there's five districts so
I heard the 4x1 and the 4x2 and
that makes it five So I hope
that clarifies for the public
how that breaks down The final
mitigated negative declarations
through the years.
I found those things to be so
important for all of you and I
know you always look at them
and make sure that they're
kosher before you adopt them.
Setting the public hearing Date
I love public hearings and this
is so I can even put the word
out at how important this is
for the public.
So thank you.
Thank you.
No question On the core you had
that wonderful chart.
It was scary but there was a
191 million total of I think
there were well 4 or 5 items
there I saw for four districts.
So when and how it did physical
considerate fiscal
considerations were zero not
something in a year or
something.
When and how will the cost hit
a budget So and that word
estimated cost always scares me
when I'm involves a big project
and they're complicated and
with our economic cycles God
only knows what an estimated
cost means.
So thank you.
Thank you.
This is important.
Thank you Department for your
presentation to all Thank you.
Next is David Monti.
>> If you can please unmute.
>> Thank you Council members.
My comment is just to let
the council members of this two
for 89 that your staffs have a
responsibility with to work
with their community planning
groups After the second hearing
to follow the advice of
the utility undergrounding
the advisory committee.
>> So this is not just
something for the utilities in
the city.
>> There is some community
participation as well.
Thank you.
Next is John Stump.
If you can please unmute maybe
Thank you very much as dg and e
is the most expensive utility
in the nation it's the most
expensive utility in the nation
because the vote of this
council particularly
the deciding vote of COUNCILMAN
Then PRESIDENT Shawn e Rivera
now you've got you're proposing
next I agree with all
the previous speakers
particularly the speaker No on
footnote on the footnote you're
creating special districts and
you're going to associate fees.
Those fees can only be used for
that specific benefit, not for
any assistance to the general
fund.
That's the law under
the California Constitution.
I particularly concern when you
set up these special utility
districts that you've granted a
franchise to a company that's
making that's the most
expensive and is making
millions in profit and paying
their executives millions that
now you going to tax these
properties to put their lines
underground when it should have
been a cost absorbed by
the franchise Whatever you do
and it looks like you're headed
down this road because people
want their utilities
underground to make sure that
when we pay the $100 million
here to underground these
utilities that whatever is put
into those conduits belongs to
the city of San Diego.
And when a future council
decides to make it a public
utility we don't have to pay
for those wires.
You had a third time.
>> Thank you very much.
Bye bye.
Thank you.
Blair Wickman As our final
speaker, the financial crisis
concluded There we are all
right.
Thank you And thanks to
the words of the previous
speaker, MR. Stump and nice to
hear.
I wish I had better depth to
understand any subject Growing
up in the 80s it became a free
market system in how we would
use and place our utility and
in offer maintenance.
I don't know if that was such a
great idea.
We've been trained up in
the Bay Area to bring back, you
know, city owned utilities and
city managed utility.
Uh, good luck What MR. Stump
has offered that I think it
could be a really good system
if we are a very organized
system if you want to practice
it I think you can bring some
good results.
Good luck on those efforts.
I'm also thankful that you are
thinking of these sort of
things.
So grateful.
Thank you.
It's a way to address wildfire
danger for the future that
we're trying to consider ways
It's it's to me I'm trying to
learn It can be a combination
of things of how wildfires take
place And we have it can be
manmade.
It can be natural.
We have to kind of all be
responsible and on alert in our
fire issues in the future.
I think we could have made
steps to not for things not to
happen in to San Diego the way
they have We have we have to
want to really care and not not
when in excitement we are an
event like what's happening in
L.A. Happens that we don't
offer a copycat and so good
luck how we're doing
responsible good practices by
undergrounding.
It's a part of the system of
learning and in overall care
and how we practice our
practices in the future that we
don't want to harm each other.
That has to be a reminder and
that we do good government
practices in the following
months and don't go crazy on
our practices.
Thank you.
>> Thank you.
That does conclude public
comment and items 502 All
right.
Thank you.
Anybody that called in we'll
now go to my colleagues for
questions and comments
entertain a motion.
We'll start out with council
member Elio Rivera.
>> Thank you Council PRESIDENT
Thank you for the work on this.
I just will note the importance
of undergrounding in areas
along urban canyons.
The area outlined in Kensington
does run very near to urban
canyons and so there's a there
is a legitimate safety
enhancement through the that
would occur through
the undergrounding of these
wires.
So thank you for your work on
this.
I will move staff
recommendation Council
PRESIDENT All right we have a
motion by council member Yellow
Rivera and we'll have a second
by council member Marti von
Wolpert.
Think about it such not seeing
anybody else in lights Have a
couple of questions until you
all have come to
the Environment Committee Over
the past three years we've seen
some updates.
We've seen some candid
conversations about
the struggles a number of
people spoke about like we were
charging new fees or we were
creating.
Can you clarify that in fact
this that there is not going to
be any charges to the property
owners in any of these
districts, is that correct?
Yes.
Your understanding is correct.
So this is funded by a
surcharge which is a percentage
of the utility bill that goes
into the surcharge fund and
that is what pays for all
underground throughout
the entire city.
There are no new fees or cost
requirements on any subject
residents okay.
And it's a good reminder that
everybody pays that surcharge
Even if your community was
built with underground
utilities at the get go going
forward And I think the only
question is if their electrical
panel is substandard or not
according to code that there
MAY be some issues there that
need to be resolved.
>> Yes.
To clarify that piece.
>> It's not to put them to a
not to do anything more than
what is required by the code to
bring it up to standard And and
I know that there has been some
communication problems in
the past by folks understanding
what today's action would mean
So one presumes that you come
back in a week excuse me in a
month and this is going to be
adopted by the council.
When would people actually see
folks on the ground and
starting the undergrounding
process 2025 right now?
Yeah, that's a great question.
So as you know council
PRESIDENT These projects are
large infrastructure community
improvement projects that span
5 to 7 years sometimes.
So once we come back and
council takes the action to
approve these districts that
will then allow us to go to
into a notice to proceed then
we do base maps etc. After all
that data is completed we have
a design portion that can
sometimes sometimes take up to
one year to 18 months to
complete during that time at
around 60% we have a community
forum so that is one area that
we are we improve for getting
the community's input.
After that we go into a
construction time frame and
after all the design is
completed we do another public
forum for for construction and
construction can last depending
on the phase anywhere where
between 1 and 4 years including
the very last section which is
after the polls come down and
all of the wires have been
underground it we do community
improvement So things like
paving the road curb cut outs,
tree planting and then we
upgrade any kind of
streetlights that are
necessary.
So when something comes before
this body to approve to be
approved, there are it goes
into a lot of design for
several years So people might
not see, you know, actual
the ground actually being
trenched for several years.
I will also add that my staff
because of these communication
struggles in the past I have
staff that were directed to
look at the overall customer
journey and how many current
touches we have during that
customer journey.
We found a good chunk of
communication upfront but not a
lot of communication during
construction So we've
identified those gaps and staff
are currently developing
additional communications so we
can make sure that residents
are more up to date more
frequently.
>> All right.
I think key thing I think for
anybody listening and this is
we're talking several years
going forward and you know, to
be blunt, it's hard for me to
support this item given how
many projects that are actually
construction ready that are
just kind of stuck and not
moving forward.
Certainly some in my district
perhaps and others others that
are already in the design queue
and we don't seem to have
the ability and I'm not going
to point fingers about who to
blame and except maybe to blame
everybody in the whole system
And the way we do this what was
originally an ambitious ideas
but given the funding that we
actually generate through our
surcharge process and
the dramatic increase in costs
in delivering these you know, I
think there's some serious
questions about whether
the dollars are there to even
fund the ones that are in
the queue already.
And so I would hope that
Councilmember Rivera would
schedule at the Environment
Committee an update on utility
undergrounding to actually wrap
our head around And it's hard
for me to go back to my
constituents and say we're
already in the queue.
We're not making any progress.
Why do you keep creating new
districts, diverting staff
time, taking precious dollars
away, creating new ones when
you can't get the old ones done
And I'm you know I'm not trying
to single you out on this And I
think both of you know where I
come from on this but I think
we need to think differently
ometer And I know we change
some of the priorities of which
districts get identified
through the through
the agreements with city Jane
and utility companies but I'm
going to register a no vote on
this just to kind of put an
exclamation point on this so
that we can come back and
figure out what we're going to
do and how we're actually going
to show that we can deliver for
all the dollars that we've
collected which actually still
very little when you really
total it all up.
But I know my constituents are
not going to be particularly
happy that we're identifying
brand new districts and it's
not the location of
the districts.
It's just let's get the ones
that are already on the books
done.
So with that we have a motion
by council member council
member Eli Rivera, a second by
council member Yvonne Wolpert.
>> Please call the clerk or two
The vote is just on Please cast
your vote.
Oh you can change and that
passes 8 to 1 with Council
PRESIDENT LaCava voting no.
>> All right with that we'll
take up non agenda public
comment The 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
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 are in chambers please
limit your speaker slip If
you're joining us virtually
please raise your hand by
tapping the raise your hand
icon or if you are calling
participant Star nine Doreen
I'd like to come up Yes, thank
you.
I would like to remind
everybody here that this
council, whether you were
PRESIDENT Or not, has had many
grand jury findings due to lack
of accountability, due to lack
of transparency and in fact
the one council policy that was
demanded to be created 000 dash
33 and 32 isn't even being
complied with because it says
every two years and the two
years expired DECEMBER 16th,
2024 there's supposed to be
community input which should
have started last JULY and and
it should have been done in
OCTOBER for a new vote in
DECEMBER.
So we need this council to
actually try to stop following
council policies.
I submitted a ten page memo on
a lot of inequities that are
occurring within District four.
We do we have homes built 1930
1940.
We have some of the oldest
homes in the city.
We have military barracks that
were turned into homes in image
are there is lack of
transportation and considering
here Mazar I a transit priority
area is blatant fraud.
We do not have bus rapid
transportation You would have
to do eminent domain on at
least a hundred homes before
you could ever get rapid which
defeats the purpose that
the purpose of sb nine once
again the homeowner act it was
not supposed to be for
investors and developers and
Mayor Tory is friends.
It was supposed to be for
homeowners and sb nine is
supported But this council
policy with mobility choice
sustainable development is not.
>> Thank you.
Thank you for that concluding
comment.
I thank you for your time for
coming to the mlk I'm sorry
the five minute timer I'm going
to those participating online.
We currently have nine speakers
in the queue starting with
Terri and Skelly.
>> Good morning City Council
members PRESIDENT Joe LaCava My
name is Terrence Skelly.
I'm a parent, a public health
educator and a planning group
attendee Recently DR. On It
Live an emergency room and
addiction medicine specialist
provided a presentation
entitled and I quote It's just
pot What's the problem?
And quote This presentation was
appropriate for teens their
parents, public health
educators and legislators that
care about the young people of
their city And you can also
watch it on YouTube, She begins
by explaining that as an
emergency room doctor in San
Diego she was gravely,
personally and professionally
dismayed that there are there
was a 690% increase in
emergency room visits where
the primary diagnosis was
associated with marijuana.
This equates to 37 cases a day
on average at the county's
hospital.
Imagine the costs of
the parents, their families,
employers to the medical staff
perhaps even to the police
department.
17% of all adult smoking pot
are clinically diagnosed with
cannabis syndrome disorder.
Among daily users it raises to
50% And DR. Love described
the misery of cannabis
withdrawal including sweating,
tremors, sleeplessness, severe
agitation and depression.
>> And why do I mention this
today the city council and
others are looking at what
causes the expenditures to our
city services.
Certainly marijuana and drug
use should be at the top of
everyone's list.
Thank you for hearing my
concerns this morning.
>> Thank you.
Next is Becky Rapp.
If you can please unmute.
Hello Council PRESIDENT LaCava
and council members My name is
Becky Rapp and I'm here today
to bring to your attention a
statement released by the Drug
Enforcement Administration.
Derek Marks the new interim
administrator of the dea has
brought attention to
the damaging effects marijuana
is having on our young people.
Balch recognizes that updated
research has indicated that
the high potency thc marijuana
is causing increased health
risks particularly with
the mental health of young
people increasing
the likelihood of volatile and
violent behaviors.
He stated I quote Obsessive pot
smoking is associated with
school shootings and that
politics have been placed over
public safety.
The dea stated that the average
percentage of thc which is
the psychoactive cannabinoid in
marijuana known for giving
users a quote high feeling has
been steadily increasing and
reached an all time high
significantly increasing
the mental health problems of
millions of Americans.
The dea is concerned that their
updated research is not getting
the attention it deserves.
I would suggest that the city
request a detailed presentation
from the county's health and
Human Services Agency providing
a detailed scientific analysis
of the health risks surrounding
high potency thc that is
available today.
This information should be
publicly acknowledged as it's
time to put people over
profits.
Following the lead of the dea
and director Mouth thank you.
Thank you.
Next is 7968 If you can please
unmute and thank you.
>> Third point page tracing out
of district three.
I can't get my mind and my
heart off of that.
The most increase in crime was
in hate crimes.
So I spent some time one
evening googling it and I want
to share this with you.
Mostly that is quote What are
the root cause of hate?
Hate is based in issues of
power and control.
Hate comes from the idea that
certain people can and should
have power and control over
others.
These ideas come from our
history with certain people
took power over others.
This is my example.
Native Americans who wanted
their land, their resources and
so forth also included on
Google was their top five
states in regards to hate
crimes.
>> Guess who's at the top?
California.
1970 and 2023.
New Jersey is second.
New York is third.
Washington is fourth.
And Massachusetts is five.
So here are my final comments
on this And I'm continuing to
do my own personal work on this
And what can I do Shed our very
old outdated skin.
Like the year of the snake.
Let's join together and do much
more and remember these words
which I have said time and time
again through the years to all
of you.
We are all biased.
We are all flawed.
We are all wounded and we all
bleed red.
Thank you so much for
listening.
Let's join together and do my
apologies.
>> Your time has concluded.
John Stump if you can please
unmute.
I also know that the five
minute timer has concluded
there are seven speakers in
the queue and no additional
speakers will be taken.
>> Thank you very much for
the presentation again by MRS.
Doreen.
I too am No one Footnote seven.
Counsel Thank you Council
Member PRESIDENT LaCava for
being a ceremonial no vote on
this surcharge.
You know we are calling it a
surcharge.
And as he said everybody is
paying it.
But that's just a scheme around
the Constitution and it is
something that the city council
led by COUNCILMAN Sean Eli
Rivera impose on
the population.
So they're going to surcharge
It's being charged as
COUNCILMAN LaCava said to
everybody but the benefit is
going to be selective really
distributed.
COUNCILMAN Shani Le Rivera is
going to put the benefit as a
priority in the richest
neighborhood in his district.
Now a poor neighborhood in City
Heights.
My neighborhood isn't included
or prioritized.
I guess you know, when you
become a elected official and
no longer are campaigning for
the people, you start to give
the rich the greatest benefit.
Please stop trying to solve
your budget problems by putting
more taxes, more fees onto
the population.
Start eliminating taxes and
fees.
Make That's how you make it
affordable.
Thank you very much.
>> Thank you.
Next is Devin If you can please
unmute.
Hi.
Thank you for allowing me
the opportunity to speak today
.
I come before you with concerns
about the rapidly growing
cannabis market and
the increasing normalization of
vaping products both of which
are having harmful effects on
our community particularly our
youth.
Recent data shows that more
than half of cannabis sales
come from just 20% of
customers.
We're also seeing an alarming
rise in the use of vapes and
concentrates.
In fact vapes now account for
25% of cannabis sales
nationwide and last year for
the first time vape sales
surpassed flower sales among
Gen-z.
This is deeply concerning
vaping especially among young
people poses significant health
risks.
The long term effects of
inhaling concentrated cannabis
oils and other chemicals are
still largely unknown but early
research shows they could
include lung damage, mental
health issues and a higher
likelihood of addiction.
These products are not only
more potent but also more
discreet making it easier for
minors to access and use them
without detection.
We know that the developing
brains of teenagers are
particularly vulnerable to
the addictive properties of
cannabis and nicotine And these
products especially in high
concentrations pose serious
risks to their future health
and well-being.
I urge this Council to consider
the long term implications of
this growing industry.
We must prioritize public
health and protect our youth by
enacting stricter regulations
on cannabis products and vaping
including limitations on high
potency offerings and better
enforcement of age restrictions
.
Thank you for your time and
consideration.
Thank you.
Next suspect Peggy Walker.
If you can please unmute.
>> Good morning.
That's a youth health advocate
.
I came today to draw attention
to statements meant to diminish
the known harms of marijuana.
Comments to this Council
regarding the 2024 monitoring
The Futures survey suggest
marijuana use by high schoolers
has not increased.
The real story, however, is
that the surveys show that
youth rates are substantial
like nearly 30% of 12th graders
reporting past year use.
The survey also showed 43% of
those age 19 to 30 reporting
cannabis use a 40 year record
high for young adults.
Speaking to this, DR. Jesse
Brinkley, professor of
psychiatry and addiction
specialist at University of
Colorado stated in the journal
Psychiatry News that this is a
population at risk.
At age 18 our brains do not
magically flip a switch and
finish developing the extent of
expanded legalization cannabis
product offering and increased
potency.
Hinckley warned those
unprecedented exposure to young
people during a critical period
of brain development.
Studies by Hinckley found
mounting evidence marijuana is
fueling depression and suicide
among youth.
He found out lessened marijuana
users nearly two and a half
times more likely to be
addicted to it And a half times
more likely to have a major
depressive episode and four
times more likely to attempt
suicide.
And so I suggest data showing
30% of high school seniors
using cannabis is very serious
feeling substantial health
problems and mental health
risks.
Thank you for your time.
Thank you.
Megan if you can please unmute
.
>> Thank you.
Good morning Council members.
Thank you for the opportunity
to speak today.
My name is Megan Stewart and
I'm here to address a critical
issue regarding public health
and the opportunity we have to
make proactive decisions.
A recent article drafted by a
physician and a public health
professional highlighted
the well documented link
between alcohol and cancer.
Identifying it as a leading
preventable cause of seven
types of cancer including,
colon and liver cancers.
Yet public awareness of this
fact is alarmingly low.
Only 45% of Americans know
the simple fact that alcohol
increases cancer risk.
The alcohol industry has long
normalized its presence in our
culture from professional
events to fundraisers.
Even those focused on health.
It's been so effective that we
rarely question
the consequences of promoting
and consuming this toxin.
And now we are paying
the consequence as it causes
nearly 100,000 cancer cases and
20,000 deaths annually in
the U.S..
We are at the early stages of
the marijuana industry's growth
and it is a sure to follow
the same path as alcohol if we
do not act now.
The marijuana industry like big
alcohol has immense lobbying
power and the ability to shape
public perception often
downplaying risks to health and
safety for the sake of profit.
We can already see the signs as
marijuana is being marketed as
harmless or even health
positive product.
Just as alcohol once was.
It's important to recognize
that we don't have to wait
decades to acknowledge
the consequences.
This Council has
the opportunity to enact
policies that prioritize public
health by limiting advertising,
regulating access and promoting
public education about
the risks of marijuana use.
Thanks so much.
>> Thank you.
Blair Beckman If you can please
unmute then I'll be Lori
Saldana and Judy Strang and
they'll be up.
>> All right.
Thank you.
We're big fans.
Thank Philharmonie Many thanks
to the words of MR. Stump
again.
Yeah, I spoke yesterday on I
think property owners they have
kind of a certain
responsibility to help and
the picture of you know, our
revenue issues in San Diego.
I think they if you live in a
house you have a lot of money
basically.
But it is with that that you
know continual tax burdens on
them is difficult because look
how to address that I think
there can be small increases in
property tax to be of help.
But these things that up and
the underground wiring add to
that thank you MR. Stamps work
to really work on equitable
distribution That's a really
important concept and what to
do with tax money on projects
there's lots and working on San
Diego and possibly working on
sidewalk at the stay the same
way sidewalk you work at
the same I don't know
forgiveness pattern that we
built just an expectation that
they pay for the majority of
sidewalk they have working
those efforts But that said I'm
still working on my tech issues
the lot you know the future of
a called a quick check basement
and removal of tech There's a
district going on with
the Hillcrest lgbt q Festival
of JULY 2024.
It's gone to court over
the future of tech placement
issues and exigent
circumstances Quick tech
placement and removal program
can really help address
the issue If you're not already
addressing them It can be a
really good guy that they're
learning themselves.
The name comes down in better
practices and better exigent
circumstance.
The process could work to how
This can be an open
conversation coming up in in so
if you're not already doing it
thank you thank you Laurie
Saldana if you can please
unmute.
Yes Can you hear me?
Yes.
Please proceed.
Thank you so a reminder that
the statement made by
the council PRESIDENT At
the start of every public
comment session is the result
of lawsuits filed on behalf of
San Diegans who have their
right to speak and address this
Council violated on multiple
occasions over the last several
years both a Bill of Rights and
the state's Brown Act
guarantees that the public has
a right to address elected
officials both for a redress of
grievances and also to voice
agreement.
And the council and Mayor have
done a great job of recruiting
people who agree with them to
attend council meetings, wave
signs and speak in support of
things like mega shelters and
raising regressive fees that
disproportionately harm low
income families.
So that is their right, that is
their strategy.
We understand that.
But what's disappointing is
that after some of us do voice
our disagreements whether it's
development projects or poor or
other issues that the council
members then show a level of
contempt and disrespect that
has been showing up in recent
weeks.
There is a culture of contempt
that is emerging in this
country And I want to say that
as one person who has served in
elected office who has been
threatened and had to have
armed escort support time
because of people who disagreed
with legislation that I
introduced, I understand
the tendency to be protective
But what I don't understand is
why people would resort to name
calling and insults against
people who are doing their best
to participate as volunteers,
as people who are not paid as
generously as you all are to
attend these council meetings.
So please keep that in mind as
we go through this year and do
your best to avoid descending
into this culture of contempt
and disrespect that we see
emerging in too many other
places around the country.
Thank you, Judy Strain your
final speaker.
Please unmute.
>> Good afternoon San Diego
City Council Judy Strang here I
came to report on the Board of
Supervisors meeting this
morning particularly consent
item number one the added
funding for the age group 18 to
25 that are in foster care to
assist them for at least three
more years with transitional
housing.
This is an age group that means
a great deal to me as the bulk
of my grandchildren are in that
age range and I have watched
that transition.
I think it's out of childhood
if you would And I think it's
important to remember that
depending on the year 50% of
our eight year olds are still
in high school.
So it is an age group about
which we have grave concern.
So I much appreciate the news
that the city of San Diego is
launching their new initiative
a Child and teen friendly city
not a moment too soon And I
hope that as you think about
teens that she'll extend that
teen boundary because that 18
to 25 year old age range needs
you They are the age group that
the industries of addiction
target be they tobacco stores,
alcohol outlets or marijuana
store fronts And we need to
look carefully at the role they
play and diverting our young
people in a pathway that would
make them more successful and
not encourage that
proliferation or more
particularly normalize it by
what we see in our billboards
on our roadways.
So thank you City going forward
let's take a new look at those
billboards.
It's not what I would call a
child and teen friendly city to
have them looming over our
Highway five and 15.
Thank you.
>> Thank you.
That concludes on general
public comment for today.
All right.
Thank you everybody that called
in.
We will now adjourn for
the noon recess and reconvene
open session at 2 P.M. Or
shortly thereafter and not
the.
All right.
We're going to get started.
>> Good afternoon.
I will now reconvene the city
council meeting of Tuesday,
JANUARY 28th, 2025.
>> clerk please call the roll.
Thank you.
Council PRESIDENT Council
Member Campbell Dear Council
Member Whitburn here Council
Member Foster Council Member
Ron Wilber Council PRESIDENT
Pro Tem Lee Council Member
Campo here Council Member
Moreno Council member Ella
Rivera and Council PRESIDENT
LaCava also attending
the meeting.
>> The other thing in
the meeting our Sin City
Attorney Leslie Fitzgerald,
independent Budget analyst
Charles Mollica Council Affairs
Advisor in the Mayor's office,
Code advisor and myself your
city clerk Diana Fuentes All
right, Clark, will you read
the agenda item for this
afternoon so we know the order
this afternoon the agenda items
will be taken on the following
order item 330 followed by item
331.
All right.
Thank you.
Clerk a quorum is now present
since we have could expect a
lively meeting 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 party
participation at city council
meetings.
Speakers MAY address
the Council during public
comment and also in connection
with a specific item of
business on the agenda.
However, the city must make
sure that no person or group of
people disrupt the meeting in a
way that prohibits other
speakers from expressing their
ideas and opinions such as
excessive yelling, screaming or
speaking beyond once a lot of
times or examples of disruption
.
So to make sure that everyone
here has an opportunity to
address the Council, I will
alert an individual or
individuals if I think their
conduct becomes disruptive.
If the disruption continues I
will rule the individual out of
order If the disruption
continues further I will
declare a recess so we can
restore order.
At that point I will direct
the individual or individuals
to leave the room And if
the individual refuses to leave
a police will escort
the individual out of
the building.
And if we have to repeat this
process of warning and
recessing the meeting, all
members of the public will be
excused from the Council
chamber credential media will
be allowed to remain.
Again, we have these practices
and procedures to protect
the rights of other speakers
who wish to address the Council
and to allow the Council to
conduct conduct public business
And as a little guideline for
those of you maybe here for
the first time if you have a
sign it's fine.
Make sure you're not blocking
the view of anybody behind you
and in lieu of clapping so that
we can get all the public
comment in.
Some people like to shake hands
might be away and the council
will very much understand what
you're what you're doing.
So with that clerk please
introduce item 330.
Thank you.
Item 330 is 690 Rosecrans
Street project number rj
1065372.
This item is not subject to
the mayor's veto.
If you'd like to speak on this
item please submit a speaker
said press star nine or
the raise your hand icon if
you're attending virtually.
Thank you.
All right staff please
introduce yourselves for
the record and let us know how
much time you need for
the presentation.
>> Good afternoon, counsel.
My name is Robin McCarty and I
will need less than five
minutes.
Okay.
Thank you.
Proceed when you're ready.
Thank you.
>> Good morning.
Council members and those in
attendance from the public.
My name is Robin McCarty and I
will be presenting item number
330 on today's agenda.
>> The project being presented
today is located at 690
Rosecrans Street and
the residential single unit 1-7
zone of the Peninsula Community
Plan area.
The 0.1 acre site is situated
between Talbot Street and Owen
Street approximately three
miles south of the Interstate
eight Freeway.
>> The project proposes to
vacate an unformed legal
portion of Rogers Street.
In addition, the project will
demolish an existing single
dwelling unit and construct a
new two story single dwelling
unit a new garage and a new
accessory dwelling unit over
the garage.
The environmental evaluation
determined the project to be
exempt from the California
Environmental Quality Act
pursuant to Section 15332 for
infill development project
details include the demolition
of the existing 1450 square
foot single dwelling unit
including a 442 443 square foot
portion of the existing lower
level and a 406 square foot
portion of the existing garage.
The new construction will
include the addition of a 3160
square foot two story single
dwelling unit and 1811 square
foot garage and a new 978
square foot accessory dwelling
unit above the garage.
A section of the south
elevation demonstrates the site
conditions with manufactured
slopes running from east to
west.
The east elevation illustrates
the tiered layout of
the structures designed to
correspond with the grade of
the and complement the natural
landform as recommended in
the community plan.
In addition, the project
proposes a variation in roof
styles from the flat roof of
the single Dwelling unit to
the steep truth of the Adu
intended to break up the visual
prominence of the development
site which is a hillside
development recommendation of
the community plan.
>> The project proposes a
public right of way vacation of
an informal legal portion of
Rogers Street to the west of
Rosecrans Street.
The portion to the west of
the proposed vacation was
previously vacated leaving
the prop the proposed vacation
area isolated from the original
intent of connecting Rogers
Street to Rosecrans Street.
The project is also proposing a
sewer easement as shown in
the right of way drawing to
the right of the aerial
photograph.
>> On JULY 13th, 2023
the Peninsula Community Group
voted 11 to 0 with no
conditions to recommend
approval of the project as
presented.
>> Staff determined that
the project meets
the regulatory guidelines of
the San Diego Municipal Code
Peninsula Community Plan and
the local Coastal Program staff
recommends approval of
the public right of way
vacation number pmt 317 3078
and Coastal development permit
number pmt 317 3079 Along with
the adoption of a resolution
determining that the project is
categorically exempt from
the California Environmental
Quality Act.
Pursuant to secret guidelines
Section 15332 This concludes
staff's presentation Subject
matter Experts and
the applicant team are
available.
Should you have any questions?
Thank you.
All right.
Thank you for your
presentation.
I understand the applicant on
this project is here but does
not wish to make a
presentation.
Is that correct?
That is correct.
Correct.
All right.
Thank you for confirming that
plaque.
>> Please proceed with public
comment.
Thank you.
We have one person here in
council chambers.
>> Cesar happier if you can
please come forward.
>> Sorry, I missed your class
from yesterday and this morning
we are sick but we are trying
to be a student and learner.
I oppose the construction of
this kind of shelter.
First recent Why accomplish
from ceqa Is this
the implementing guideline of
the state environmental Quality
Act of 1970?
Answer me.
You need to answer.
I might be committing crime
from MR. Lacob.
I don't want to commit any
felony here.
I must be respectful.
You stop the construction.
You study the implementing
guidelines of ceqa.
Please.
And you will know the reason
why.
Another thing is we have
lessons in the past Like
the lesson in the Montezuma
Fire.
They do not have the authority
to interpret that property
because that's the law.
When I raise my hand in
the meeting to say I know
the answer nobody allowed me to
speak up.
We need more adequate water.
Do you have adequate supply of
water in that structure?
Yes or no?
You need not to answer.
Is there a provision to catch
this precious gift from nature?
Rainwater.
Nada.
I saw your plan.
Nada.
It does not reflect the lessons
in the past Four shelters
decent home suitable
surrounding.
We have a nice ocean.
Now.
We will have to raise that that
height.
>> Time has come.
Many more but only one for.
1 minute or 2 minutes.
Thank you.
>> Five minute timer has
started here in council
chambers Going to John Stump.
John Stump If you can please
unmute.
I want that someone out here.
Look at the question I have
about this item is are all of
the costs being absorbed and
paid for by the applicant?
Now I view is that's what's
reflected in the staff report
or is it one of these typical
No financial employment
implications for the city of
San Diego gives free or
subsidizes with taxpayer money
Some projects and charges
disproportionally others.
Let's look at the item.
Does it say any or not?
>> Thank you very much.
Blair Beekman If you can please
unmute.
>> Hi.
Thank you.
Blair Beekman Thank you for
this item.
Thank you for the words of MR.
Harvey for Harvey are here.
I'm pronouncing that correctly.
MR. Harvey Here who he has
inspired me to want to speak on
this item So thank you for his
words and a few words.
Again to MR. Stump and how I'm
addressing and thinking of
issues.
MR. Harvey ever brought up
the idea of a textbook?
There is not a use of secure in
this item.
I'm very worried that we really
are like kind of trying to
shortchange secure as much as
we can to say that we're like
innovative in being more
streamlined and when secret
does some really good thing.
And we need to acknowledge that
.
With the recent wildfires in
L.A..
Gavin Newsom Governor Newsom
has completely ended ceqa
processes for the upcoming
rebuilding process.
We just had, you know, rains
and some, you know, small
mudslides in L.A. The past few
days.
What's the environmental impact
going to be without any sort of
sequel on the future
rebuilding?
I think there's going to be
madness.
I think we're in serious
trouble and those are the kind
of practices I don't want San
Diego going to be following.
I don't want wildfires to be
creating this free for all for
ourselves.
You're basically inviting forms
of disaster capitalism and I'm
very worried.
We have to really hold the line
and and continue our best
practices in light of really
horrific events.
Good luck how we can do that
and I hope we can address this
current issue if there can be
good secret practices to
involved with it that we don't
have to be afraid to involve
them.
I'm sorry to say that I don't
want to hurt the people who are
wanting to build a home here
but I'm sorry your time has
concluded.
>> Any additional comments Can
be emailed in.
Also there was for the record
no public comment submitted via
e comment for this item.
Thank you.
All right.
Thank you, Clark.
Well now I'll take
Councilmember questions and
comments, entertain a motion
and we'll start with
Councilmember Campbell.
Thank you.
>> Council PRESIDENT.
This is in my district District
two and this is further
vacation of an area that was
previously vacated where
the city had wanted to have a
street go through to Rosecrans.
I think it's an excellent idea
.
i think the plan to build a
structure there in such a way
so that that is possible is a
is a good idea and so I would
like to make a motion to
approve staff's recommendation.
Thank you.
All right.
Thank you.
We have a motion by
Councilmember Campbell.
We'll go next to Councilmember
Whitburn.
Happy to Second Councilmember
Campbell's motion.
All right.
You know, seeing nobody else on
the lights, we have a motion by
Councilmember Campbell to move
the staff recommendation a
second by council member
Whitburn.
>> Clerk please call the roll I
sorry the voting system.
Please cast your vote.
>> That motion passes
unanimously 8 to 0 with Council
member Isla Rivera absent.
Thank you.
All right.
Thank you staff.
So with that clerk please
introduce item 331.
>> Item 331 is the San Diego
Municipal Code amendment to
section 131.0431.
Development Regulations Table
130 1-04d Related to rs-1-2
zones in the Encanto
neighborhood and southeastern
San Diego Community Planning
Areas Process five.
If you'd like to speak to this
item please be sure to submit
your speaker slip to the high
lectern If you are participate
remotely press star nine or
the raise your hand icon.
Thank you.
All right.
Clerk Staff please introduce
yourself the records and tell
us how much time you need.
Thank you.
Council PRESIDENT Staff which
need program manager with
the City Planning department
will need approximately ten
minutes.
All right.
Please proceed when you're
ready.
Good morning.
My name is Jeff Whitney.
I'm a program manager with
the city Planning Department.
Joining me are planning
director Heidi Von Blum, deputy
Director Tate Galloway,
principal planner Liz Side
Canyon and senior planner Sam
Solis.
The item today is an amendment
to the San Diego Municipal Code
Section 13104312
The Development Regulations for
Residential Zones.
Table 131-04d2 Repeal Footnote
seven which reduces the minimum
lot size for the rs one to
zones from 20,000ft to 5000ft
and applies the development
regulations of the r.
S17 zone to subdivisions in
the Encanto neighborhoods and
southeastern San Diego
community planning areas.
I would like to note that a
revised California
Environmental Quality Act
Section 15162 memorandum was
added to the docket today.
This memorandum memorandum
clarifies that with or without
footnote seven any subdivision
exceeding four dwelling units
per acre would not be permitted
as it would be inconsistent
with the land use designation
in the Encanto neighborhoods
Community Plan City Planning
Department staff is proposing
the removal of Footnote seven
from the San Diego Municipal
Code Footnote seven
specifically applies
the development regulations of
the year one seven zone for
subdivisions in the rc one to
zone within the Encanto
neighborhoods in southeastern
San Diego Community planning
areas There are several
legislative actions associated
with Footnote seven that
provide the background for
the adoption of the footnote
and the need for its removal.
The Encanto Neighborhoods
Community Plan was adopted by
the City Council on NOVEMBER
16th, 2015.
The Community Plan update
designated The area outlined in
red on the left side as
residential very low allowing
between 0 and 4 homes per acre
Portions of the area designated
for residential very low shown
in the map on the right of
the screen outlined with
the red dashed line designated
the community plan for
residents for residential very
low were zoned rs12 which
limits lot sizes to 20,000ft
allowing approximately two
homes per acre.
On DECEMBER 17th 2019 the City
Council approved the 12th
update Phase two to the Land
development Code Introducing
Footnote seven.
This amendment reduced
the requirement lot size in
the r.
S one to zone within
the Encanto neighborhoods in
southeastern San Diego
Community planning areas from
20,000ft to 5000ft.
This action did not modify
the single family zoning for
those lots or the requirement
that the subdivision still be
consistent with the community
plan density of four units per
acre.
On DECEMBER 13th, 2021 the City
Council approved the 2021 Land
Development Code update which
amended Footnote seven.
This amendment applied
the development regulations of
the rs one seven base zone
which includes reduced minimum
lot dimensions and setback
requirements consistent with a
5000 square foot minimum lot
area.
However to be consistent with
the community plan proposed
subdivisions cannot exceed
the community plan's density of
four units per acre.
>> Footnote seven was presented
at the Community Planners
Committee and at public
workshops for both citywide
land development code updates
as a land use decision that
affected that only affected two
communities The prior
amendments should have been
directly discussed with
the affected communities and
reviewed to determine if
Footnote seven should apply
citywide to ensure consistent
application of development
regulations.
Today the City Planning
Department is proposing to
amend the municipal Code by
removing Footnote seven from
table 13104d.
This will ensure the consistent
application of development of
the s12 zone citywide Repealing
footnote seven would restore
the 20,000 square foot lot
minimum lot size in the r.
S12 zone in the Encanto
neighborhoods and southeastern
San Diego community planning
area.
This change would apply
consistent citywide regulations
for the zone development
project.
Applicants could still request
to rezone to achieve
the community plan densities.
>> The proposed amendment to
remove footnote seven would
decrease the allowed
development potential in
the affected communities but
would result in the same
development potential assumed
in the community Plan Update
adopted in 2015.
The r.
S12 zone density would be
within the range of the land
use designation in the adopted
community plan as fair housing
and redlining have been
discussed at hearings related
to Footnote seven the City
Planning Department wanted to
provide a clarification of
the definition of fair housing
and how it applies to Footnote
seven California Government
Code requires all public
agencies in California to
affirmatively further fair
housing affirmatively
furthering fair housing is
defined as taking meaningful
actions to address significant
disparities in housing needs
and access to opportunities.
This includes replacing
segregated living patterns with
truly integrated balanced
communities transforming
racially and ethnically
concentrated areas of poverty
into areas of opportunity and
fostering and maintaining
compliance with civil rights
and fair housing laws.
Although the process by which
Footnote seven was adopted did
not represent planning
practices procedurally it did
not lead to outcomes that do
not affirmatively further fair
housing.
Footnote seven allows
additional market rate single
family homes in low resource
communities consistent with
planning densities in
the community plan and does not
contradict fair housing
principles.
Fair housing includes expanding
housing opportunities including
more opportunities for
homeownership and improving
access to access to resources
rather than restricting
specific types of home
development.
Additionally, redlining was
historically used to deny
opportunity for homeownership.
The adoption of the footnote
allows for more homeownership
opportunities and therefore is
not a form of redlining.
>> The proposed amendment to
remove footnote seven would
decrease the allowed
development potential from
approximately 642 single family
homes to 177 homes which is a
difference of 465 single family
homes on lots zoned as one to
within the Encanto
neighborhoods.
This change in development
potential was calculated by
applying the community plan
land use density and minimum
lot size required with or
without the footnote using
the existing community plan
designation of four units per
acre.
The Southeastern San Diego
Community Plan area does not
have any change to
the development potential since
there are not any zone any lots
zoned rs one two in
the community.
>> The state requires the city
to identify if there are enough
remaining sites in its housing
element adequate sites
inventory to meet the allocated
housing goals.
If a site identified in
the inventory is rezone and
that rezone would result in a
reduction of housing capacity
the general plan housing
element 2021 through 2029
Adequate sites inventory
included sites zoned rs12 in
the Encanto neighborhood's
community planning area.
These sites were addressed or
assessed based on
the development potential
allowed under the rc one to
base zone regulations.
Without considering Footnote
seven Therefore repealing
footnote seven would not reduce
the residential density of any
lot identified in the adequate
sites inventory below its
current allocation toward
meeting the regional housing
need.
The California Government Code
does not allow a city to change
the general plan or community
plan land use designation and
or zoning of a property to a
less intensive use or reduce
the intensity of land use
within an existing land use
designation or zoning below
what was allowed under the land
designation and zoning in
effect on JANUARY 1st, 2018.
The proposed repeal of
the footnote would allow 465
fewer single family homes on
lots zoned rs1 to within
the Encanto neighborhoods
community plan area.
This provision of state law
would not be applicable as
footnote seven was approved on
DECEMBER 17th 2019 and amended
on DECEMBER 13th 2021.
The removal of footnote seven
would result in the same
intensity of the Encanto
neighborhoods community plan
land use and the rc one two
zone that was adopted on
NOVEMBER 16th, 2015 and in
effect on JANUARY 1st, 2018.
>> When a housing development
application is submitted and
deemed complete project is
entitled to be reviewed and
processed under the rules and
regulations in effect at
the time of submittal.
Any changes to the regulations
after the application is deemed
complete do not apply to
the project.
Even if the changes occur
before the project is fully
approved or the building permit
is issued, the effective date
of the ordinance to remove
Footnote seven would follow
the city's procedures and
the ordinance would have to
take effect 30 days after
the mayor's signature on
NOVEMBER 18th.
The choice Valley Community
Planning Group received a staff
presentation on the City
Planning Department
recommendation to amend
the municipal Code to remove
Footnote seven.
The planning group unanimously
passed the following motion to
have the mayor issue an
executive order that one no
city official department or
subdivision of the city
administration approval of any
project Reliant on footnote
seven whether past, present or
future and to footnote seven is
deemed invalid and without
effect on NOVEMBER 20th 2020
for the Community Planners
Committee unanimously passed a
similar motion as described in
the staff report.
The Municipal Code regulations
adopted by the city Council
through a publicly notice
process remain in effect and
must be enforced and applied
under the City Charter.
The legislative authority to
adopt or repeal such
regulations resides exclusively
with the City Council.
A mayoral executive order
directing staff not to apply
these adopted regulations would
undermine the City Council's
legislative authority violating
the separation of powers
outlined in the city charter
and could constitute an illegal
action in violation of the city
charter.
The municipal Code and State
law additionally retroactively
applying new requirements to
development project
applications already submitted
and in review could be a
violation of state law.
On DECEMBER 19th 2020 for
the Planning Commission voted
5251 to recommend the City
Council approval of an
ordinance to repeal Footnote
seven from table 13104
The Today staff is recommending
to adopt an amendment to
the San Diego Municipal Code
and Local Coastal Program
Development regulations for
residential zones.
Table 13104 The in section
1310431 to remove footnote
seven This concludes staff's
presentation.
>> Thank you.
All right.
Thank you for the presentation.
Clerk Please proceed with
public comment.
>> Thank you.
We do have over 60 people who
would like to speak on this
item so it will be one minute
apiece.
I have some reserved seats in
the front in yellow when I call
your name.
If you can please come forward
to those reserved seats for
better meeting management.
That would be greatly
appreciated.
So the first speaker is Dan
Boileau or Jen Eastman.
Kathleen MacLeod.
MacLeod.
Marcelino DaSilva.
Allen Conrad and Vicki
Estrella.
If you can please come up to
those reserved seats And Dan
can come up to the microphone
please.
>> Dan, are you here?
MR. PRESIDENT, council members
and City Council My name is Dan
Boyd with D.R. Horton
representing speaking to
the matter this evening.
We've been with the community
for over two years advocating
our proposal which includes
about 123 units.
In doing so we applaud any
attention that deservedly goes
to the community plan.
The community plan is
the guarantee document.
It is the principle in which
footprints of communities are
established and developed.
If that community plan has
changed, so does the makeup of
that community.
Zoning does not do that.
The community plan does that.
I'm not here advocating Our
project is not subject to
the agenda But I would like to
say that it is possible to
provide housing under this
community plan within the 0 to
4 d per acre and comply with
the community plan.
As such our project is a fine
example of that.
It was deemed complete under
the community plan and zoning
which allows for time has
concluded.
Thank you.
Thank you for that.
Provide opportunities for new
housing.
Thank you Jen.
Easement.
>> Hi my name is Janet Eastman.
You might recognize me as a
resident who advocates for
the relocation of the proposed
Fairmount Fire Station.
But no.
Seven is a piece of the same
puzzle.
If further highlights
the inequities of the region of
this region of the city, I
think that city council and I'm
not sure who to point a finger
at looks at a map and says Look
there's a green space
capitalism and let's build
something massive like a
housing development or
apartment buildings that share
a parking lot with a library or
a four story fire station.
It's never this area needs a
park or a trail or an open
green space.
The inequity inequity will
continue to persist in our
communities unless we come
together and take targeted
consistent action.
MR. Foster we are counting on
you to represent our needs,
take immediate action and
remove the betrayal of Footnote
seven in District four.
Thank you.
I yield my time.
Kathleen Good afternoon.
>> Council PRESIDENT LaCava,
Henry Foster and other council
members I'm Kathleen McCloud
have owned my home in Encanto
for 30 years and received
occasional notices of public
hearings affecting my property
interest.
However, I wasn't notified when
the Planning Commission
considered a rezoning in
Emerald Hills that also applied
to my property in yet another
neighborhood.
Footnote seven Not only
rezoning a parcel to benefit
the developer it rezoning 19%
of very low density land in our
planning area without affording
hundreds of property owners due
process rights to be informed
and heard.
The major scheme the major
scheme took away our unique
semi-rural community character.
Without a community plan
amendment as required by our
information Bulletin 517I
respectfully urge you to repeal
Footnote seven.
Halt projects in the pipeline
as asserted by community
standards.
And thank you for that
concluding comment process.
Thank you for that Calling upon
Marcelino.
>> Good afternoon.
My name is Marcelino de Silva.
Our community of encounter has
seen time and time again
the disregard of our leaders
when it comes to common sense
practices used elsewhere in
the city.
In our area we have no
sidewalks, no proper street
lighting, irregular roads and
most of these roads are in
deplorable condition.
Last year we had floods after
heavy rainfall that debilitated
our trolley system and
destroyed interior of homes
around it.
Encounter now seems to be
the new land buy in El Dorado
for investors who want to
maximize their profits by
building as many ag use and
junior ag use units that our
city or loopholes will allow.
No traditional rules apply for
these newly proposed
developments.
No onsite parking, no regard to
traditional fire codes, no
environmental impact reports
and no egress plan for
the neighborhood taken into
consideration.
Our petition has been signed by
more than 500 residents and
continues to grow daily.
We are certain that our numbers
will be in the thousands when
our local elections happens and
we are going to remember who
stood by us.
>> Thank you Alan Connor.
>> After that will be Wiki
Australia and then after that
if I can have the following
individuals come up.
Lucy Price Martha Abraham and
Evelyn Smith and returns These
are heavier.
Please continue.
I think I just heard
the gentleman say that it would
be illegal to stop
the developments on on radio
and clobber but I think it's it
was illegal the way that this
footnote was inserted and no
one is taking accountability on
this board of how it arrived
there And who put it there and
why.
And so that's what I would
like.
I think that's a more illegal
situation than idea that
stopping the h r Horton
development is illegal.
Y'all got caught and y'all need
to be take accountability And I
want to hear who is who put
this stuff there.
That's what I care about
because Ryan.
>> Good afternoon.
>> Council members Like most of
the people in this room I
oppose staff's recommendation
as proposed.
Footnote seven should be
removed but must include
the nullification of any and
all projects resulting from its
unlawful insertion into city
code.
By targeting only our
under-resourced community.
City staff violated fair
housing law.
Yeah they violated a law
because you cannot discriminate
against a community.
They ignored more affluent
affluent communities and picked
one that they saw as
vulnerable.
They also skirted public
transparency and input
requirements by sneaking this
footnote into the code behind
closed doors.
Please do not be swayed by
the justifications you hear
from the Planning Department.
They are meant to distract and
confuse.
The core issue here is that
they committed a bad act.
Do not cosign on their
discrimination on their on
their deception.
Stop it now please.
Thank you for that Concluding
remark.
>> Lucy.
Lucy Price.
Good afternoon.
Thank you so much for allowing
me to speak.
My name is Lisa.
I'm so sorry.
What I do.
If you could just move speaking
to the microphone more.
>> Oh, okay.
Sorry.
My name is Lucy Price.
My family has owned
the property at 6608 Wonderland
since 1907.
Four generations in my family
have attended Encanto
Elementary School.
I walked to school on bare dirt
.
My mother walked to school on
60th on bare dirt back in 1925.
My father walked to school on
bare dirt.
When he went to Encanto your
plan with this footnote will
destroy habitat immensely.
And I want you to remember that
bats are federally protected
animals.
Here is no plan to protect
the habitat and the animals.
>> Thank you.
>> Thank you, Martha.
You have time seated.
If they can please raise their
hands.
Brandon Becerra.
Thank you.
Canyon Becerra.
Charles Douglas.
Leo the Christa Fishman Myra
Ramirez.
I am leader Arthur Jackson and
Becky Right.
Rebecca Ryan.
Sorry.
I'll have ten minutes.
Please proceed.
My name is Martha Abraham and I
live in Emerald Hills and I'm
speaking on the record.
I want to first address
the rhetoric around the housing
crisis If not seven was
implemented citywide.
Yes, this would be a housing
crisis conversation but because
it only affected one
neighborhood it is no longer a
housing conversation.
Our community plan in 2015 had
increased density by 39% not
including four No.
Seven and the bonus to use We
already have allocated
the space to increase our
density that still honors our
community plan.
We have increased density in
one of the most affordable
areas in San Diego by 39%.
Therefore we are creating
homeownership opportunities
based on our 2015 plan.
We are not against housing
again, we are not against
housing.
These laws have been zoned for
housing.
We welcome housing that is in
accordance with our community
and general plan and requires
developers to apply the same
zoning laws in place for
the rest of the city of San
Diego.
A housing crisis is being
weaponized to destroy our
community and violate our
community plan.
There's a process in place for
a reason by weaponizing
the housing crisis.
You are violating the process
that ensures there is equity,
justice and fair treatment.
The staff report on JANUARY
10th stated.
Footnote seven is not illegal.
It's not racist, not
discriminatory.
It does not violate fair
housing in fact it
affirmatively furthers fair
housing.
So why are we getting rid of it
?
>> >> The city attorney's memo
On JANUARY 22nd our newly
elected city attorney Heather
Ferber states that without full
analysis of the impacts of
where higher density would
apply, it is unknown if
the application of footnote
seven citywide would conflict
with the city's climate action
plan by increasing that density
in areas without access to
transit.
It would also need to be
analyzed for consistency with
the general plan and applicable
community plans.
Application of Footnotes seven
Citywide would require an
amendment to the municipal Code
and would require secure
environment title review.
>> So in order for for this to
be applied citywide all these
things need to be considered.
Where these things considered
when they were implemented in
Encanto.
>> So why is it that this has
to be done applied citywide but
not in Encanto?
Footnote seven does not require
developers to do what air
because they are not rezoning
the land under footnote seven.
But the lots where we zoned
with footnote seven So why
didn't that trigger air?
Where's our air?
There's no air to support
the zoning change and there is
no due process.
But you are still going to
allow these projects to
continue.
>> Going back to the city
attorney's memo, if you look at
the document closely you will
see another footnote Footnote
to that footnote states other
community concerns raised
include process follow to amend
Table 131-04d2 add footnote
seven and effectively rezone
from rs one two to rs one
seven.
We just said that a sequel
would be required for rezoning
and you said here again that
those areas were rezone.
>> So again where is the air
possible conflict?
It continues to say possible
conflict with the Encanto
community plan regarding park
spaces.
Possible conflict with
the equity environmental
justice elements of the city's
general plan and and the best
part.
Violation of the California
Environmental Quality Act
sequel.
Again, where is the air?
Because right here she just
said it violates it.
Even though this footnote has
violated secure, you are still
going to allow these projects
to proceed If for No.
Seven violated sequel all these
projects also violate secure
these projects are the at
the very least should require
should be required to do a
sequel environmental review
because those lots have been
rezone and a sequel
environmental review is
required.
The last sentence of this
footnote states those issues
are not addressed in this
memorandum This memorandum.
So where's the memorandum where
they're addressed and why
hasn't that memo been provided
to the public?
>> There is a critical piece
that is missing from today's
conversation and that is to
stop any project that is using
footnote seven for approval
that have already submitted an
application.
I hope someone can make a
motion to add an amendment to
not allow any project to use
but No seven no matter where
they are in the process.
We keep bringing up legal
implications where the legal
implications considered when
Footnote seven was passed No
because y'all didn't think we
were going to find it.
Let alone sue you over it.
>> Either way you will pay.
You can have blood on your
hands or you can do the right
thing.
Doing the right thing is
defined as making a motion to
add an amendment to not allow
any projects to use for No.
Seven no matter where they are
in the process.
I want you all to also
understand the laws codes but
notes and projects you approve
are feeding into structural
racism whether you know it or
not.
Structural racism pushes
the agenda to destroy black
families and black communities
but No seven does does exactly
that taking away our park
space, taking away our native
grasslands, destroying our
natural habitats, furthering
polluting our air, destroying
our infrastructure that is
already broken.
And most of all it's creating a
safety hazard.
We know that our neighbor
neighborhoods suffer from
systemic racism that is
perpetrated by racist policy
and zoning.
Racism and racial inequality
will continue to perpetuate in
our communities if we do not
collectively commit to targeted
and consistent action.
Though our laws are much less
explicitly racist today our
public and private institutions
continue to discriminate
against people of color.
I know no one likes to be
called racists but we all have
a bias and sometimes our biases
are rooted in racist beliefs
and we MAY and we MAY not even
be aware of it.
Racism is perpetuated through
the people and until we address
our own biases the cycles
continue.
i am convinced that there is a
greater agenda to destroy and
oppress people of color and
addressing structural racism is
no one's priority.
We have been dehumanized.
You do not see us.
>> You do not hear us.
Our community is under attack
from the mayor's office, from
dsd, the planning department
and our own city council member
.
You cannot ignore what's going
on in other districts because
it's not your district or
because it doesn't primarily
affect you and your community.
You are all in positions of
leadership.
It is your duty to serve
the people and look out for
their best interests.
This is a monumental moment one
that will be document added as
part of our history.
How will you how will your vote
be documented?
How will your vote be perceived
?
I encourage all of you to visit
our neighborhood.
Any one of us will give you a
tour.
If you can see the devastation
that is occurring with your own
eyes, you cannot deny what we
are saying.
I leave you with this question
.
>> Would you allow this to
happen in your district?
>> If the answer is no, I ask
you to make a motion to add an
amendment to not allow any
projects to use footnote seven
no matter where they are in
the process.
I know that you MAY not want to
step on Henri's toes but if he
doesn't make this motion I ask
one of you to stand up for
justice.
>> Equal protection and
fairness.
>> Next is Evelyn Smith.
>> Evelyn Smith You have time
ceded to you by Katie.
>> My name was Paul.
Yes.
You'll be combing your body.
Tenses are after Evelyn Smith
since there's a lot of them I'm
calling them all at once.
Please proceed.
Up to now Council PRESIDENT And
council member Henry Foster.
I am Evelyn Smith.
I live in Emery Hills which I
have lived there for 51 years
the entire time that I lived in
San Diego.
I have been involved with
the neighborhood council
the entire time and I have been
the council chair since 2015.
I currently reside on at least
ten boards and commissions so I
know the need of a community.
Yes we need houses but we don't
want 123.
I want community is a different
world from any other district
in the city.
You know our stormwater system
is in bad condition.
The mayor has told us there's
no funds to upgrade it.
Park has not had a darn thing
done to see if it was built in
the 60s.
We are living in a shambles and
to put that many homes and our
community they are not doing
anything about the traffic.
The school has put a cap on
enrollment.
So where it is chosen is gone.
There is no busses provided by
city schools anymore.
So before you vote to keep
footnote seven and to let
the developer go ahead with
that many homes think about a
movie the spot Buckley made
some years ago Do the right
thing for the people at Encanto
and do the right thing for all
of the people that you
represent not just one
community.
>> And I thank you.
Next desperate to have you and
Cesar Javier, if you can please
come up to the mic.
You'll have one minute each and
then if I can have
the following individuals
please come up to the yellow
reserved seats.
Becca Batiste.
Tiago Batiste.
Marge Orgel, Janine Salas and
then Kenny.
My apologies if I mispronounce
any names but it's all right.
Okay.
One minute.
I am privileged to have your
victim of toxicity West Bank
Choice Creek.
We are in opposition of
planning Department proposal.
We are requesting that City
Council modify the proposal
from the planning Department to
halt and deny any all projects
that have ever relied upon foot
not.
Please step down and be a brave
and free American someone who
really is fit to govern.
MR. Mayor or our CHAIRMAN
Environmental and free city
Council Council.
>> I am a witness since I was a
substitute teacher at Encanto
Elementary School I was
unmindful because I was
focusing on economics.
Work, work, work and earn.
Now I realize that from then on
I was so curious how governance
works and when my one year
attendance classmate Council
Rivera classmate Council or
Lacob usher at the San Diego
350 we had a seminar there.
You handed the appreciation to
the bicyclist and environmental
advocate Clean Air.
The issue is a leadership
failure.
MAY we request our respectfully
to step down because we are
ready, brave and free
knowledgeable, sober solving
problem moguls.
>> Please step down.
Thank you for that comment,
Becca Battista.
>> Good afternoon.
Council.
I'm Becca Battista.
I am opposed to the overturn a
footnote seven as it stands and
I'm requesting that the City
Council modify the proposal to
halt and deny any and all
projects that have ever relied
upon.
Footnote seven.
Our community of Encanto has
been blatantly targeted with
unfair building practices
allowing developers
the opportunity to build these
large scale projects without a
single dime Going back to our
community or allowing us
the decency to review this
massive density increase and
complete 180 degree change from
our community plan.
How is it that our city is
giant with our city's giant
deficit?
You are allowing these projects
to be shouldered by a community
with such limited resources
allowing shoddy apartment
complexes to be approved
without proper impact fees and
environmental studies It is
deeply wrong.
Is your plan to just dump these
projects on the shoulders of
Encanto and just leave us to
figure it out after the fact?
The only explanation for this
is that there is a
collaboration between the city
and the developers.
We promise you that we will not
sit quietly as we have done all
these years.
>> Thank you for that
concluding comment.
Tiago, what is the.
I urge each of you to stop by
my house, my neighborhood, Your
neighborhood, MR. Foster.
This is your people right here.
We need your right now.
We're not We are not getting
heard by you and I.
Please, I urge you guys to walk
with us around our neighborhood
choosing a block worth of a
lots.
How the city is allowing
developers to destroy our
neighborhood.
I cannot think about any other
thing but one more time, MR.
Foster.
We do need you.
My doors are open for you.
I can have a coffee with you.
We can go around this
neighborhood and I challenge
you to walk to the trolley from
any of those properties.
Thank you, Marge.
Good.
>> Good afternoon, council
members.
I'm Marge Wargo, a happy
resident in Encanto.
For 40 years And I'm grateful
that it looks like footnote
seven is going to be removed.
But I want to ask you to please
amend that to be able to
prevent the Klauber project and
the Emerald Hills project from
moving forward.
We do not have
the infrastructure in our
community to be able to
increase the density as those
projects would do.
We don't have the road space.
The roads are a mess.
We don't have fire exits
adequate to large numbers of
people.
We're seeing what happens when
neighborhoods can't get out of
an area.
Please amend the staff report
and eliminate the permits for
the Klauber project and Emerald
Hills.
>> Thank you for that
concluding comment.
Jeanine Salas.
After that will be kind of key
and then after that if I can
have Andrea through Amelia
Meany, Susan Baldwin and Hazel
Higgins come up to those yellow
reserved seats.
>> Please proceed Along
the term these homes, these
single family homes, these
homes that they're talking
about are massive apartment
complexes proposing to be about
500ft.
What kind of family can live in
a 500 square foot home?
I think what this footnote is
doing is setting a very
dangerous precedent for our
city, allowing special interest
groups and private investors to
exploit these backdoor tactics
and negotiations without any
kind of transparency,
accountability or due
diligence.
These proposed developments are
also exploiting these loopholes
that will bypass paying any
development impact fees.
Why would we do that when we're
in such a deficit?
I don't understand it.
That's the question we should
be asking is why wouldn't we
tax them?
Why wouldn't we take money from
investors that are going to
make so much money?
The Environmental Impact
reporters from 2015 Thank you
for that concluding comment.
>> Next is Canning Keith.
Can you have time seated if
the following individuals can
please raise their hand?
Sage Gonzalez Spalding.
Thank you Saatchi Eagleton or
thank you Peter Wilding.
Well, thank you.
Lisa Bezerra, Brian Poland and
Alex.
As you know, our Alex.
Oh, right there.
Okay.
Thank you.
You'll have seven minutes.
Please proceed.
Hello.
Hi.
My name is Kenny Key in
opposition of the current
reversal with As it stands you
need to remove that footnote
seven as well as stop
the projects and I love my
city.
You know I love my community.
It's a beautiful community and
I'm representing a lot of
people here.
I can't make it today.
Senior citizens from our
neighborhood I got an Air Force
background.
I work for the county of San
Diego five and a half years.
I've got thousands of hours of
flying in traffic and working
on repair and wrote for
the county of San Diego to plow
snow up in Julian Campo Alpine
Spring Valley Road Station work
18 months on a striping crew.
I'm probably one of the most
qualified people in this room I
know to speak on traffic and
repair the roads.
Okay.
If you haven't done a job you
can't speak on it.
We need more people and
understand the damage that's
caused by traffic.
Okay.
On roads.
Okay.
So I want to speak to the fact
that you guys are casting
projects and and ideas that are
just that They're just ideas.
They're not proven, they're not
based on data or you know, any
kind of input that matters.
You know, it's just based on
you know, we're going to okay
build let's do it like this.
Okay?
And that is not best practices
We didn't elect you guys to get
up here and demand best
practices out of your staff and
your employees of the city But
you guys you don't hold
yourself to the same standards
when it comes to items that
crossed your desk on this vote
that require your vote.
You're going to you're going to
brush off the data that you
need to make educated decisions
on these projects that are
coming your way.
You go brush aside that
information.
I would say that's almost as
true in violation of your oath
.
>> Okay.
The last I checked people
developers don't vote.
They MAY give you some money
but that don't shouldn't
influence your decision making
up here to voting is necessary
But you're moral ethics and
integrity is what we want to We
put you up there today We need
champion leadership.
I remember George Stevens GOD
rest his soul.
He was our champion.
He said to Standards District
board He probably rolling over
right now with
the representation that we get.
Yeah I said it because I love
him on hills I love and care to
Right now we can We're trying
to take a video in a community
that can rewind the tape and
you guys as reset speeches
talking about Martin Luther
King and trying to align
yourself in your districts with
his values, his principles How
dare you come in here today and
defecate on his memory, his
legacy by allowing this project
to harm a black community?
>> Let's call it like let's
let's educate people Up until
late 60s in the hills had
redlining conditions.
We couldn't buy property up
there.
It used to be a golf course
Emerald Hill the churches was
the clubhouse okay We couldn't
even play up here Probably oc
is one of the more beautiful
locations in the city Don't
okay And you want to give it to
it to a developer at a state
developer who want to take dump
on our community with a shallow
vision for our community not a
shallow vision a 128 homes for
millionaires That's not what we
need.
>> We need sensible
comprehensive build and we
don't need edu edu's wood no
parking establishing a
community.
I bet you will do that.
You bet you wouldn't do that at
Torrey Pines Who a district
representative You need to get
on district board and making us
look bad.
This is America's finest city
and right now it does not look
like debt.
This is a community push back.
We are united You don't ignore
push back Martin Luther King
wouldn't ignored great He would
not aligned himself with no Jim
Crow Footnote whoever thought
it out need to come clean and
stand on your record.
>> Yeah yeah yeah The people
demand it We put you there.
>> Okay.
We need championship
leadership.
You need to be protecting us
from aggressive developers.
You need to call up the dogs.
I buy sd.Com all that kind of
stuff to companies that come in
our neighborhood trying to give
does pennies on the dollar to
senior citizens to monitor real
estate so you can tear down a
home and put a former complex
up.
We don't want to cop apartment
complexes.
We want to be at a strip.
We want to be able to transfer
generational wealth just like
y'all do in your district.
Yeah, well but if you guys
allow developers to come in and
buy up our community yeah I'm
going to refrain from language
I want to use speak for buying
up our community, selling off
our assets to developers.
>> We have no poor young black
and brown families that want to
buy.
It's already hard to live to
buy here.
>> We never want to give away
our property.
Well how about fixing
the world?
How about putting some concrete
sidewalks in the ghetto?
>> The latest up here Juswant I
don't know how she was but she
broke up about 3 or 4
generations and you all just
ignore it.
It's like you got to middle
fingers pull back on us from
City hall imo Hills South San
Diego is how we feel this new
yellow it we're telling you how
we feel Does it matter?
It would matter to Martin
Luther King and me.
>> It should matter to you
where people okay The developer
is not who you should represent
If you if they show you it
won't be the first and it won't
be the last.
>> Okay.
You know you need to focus on
the people.
>> Please don't require them to
have parking requirement.
>> I mean the world conditions
you don't even take care of now
and you want to put a D.R.
Horton project in a middle of a
neighborhood and not require
him to have no color.
>> You guys ought to be ashamed
of yourself.
>> Andrea Yeah.
Thank you, Andrea And then if I
can have the following
individuals in the front row a
mini a mini Susan Baldwin and
Hazel Higgins now you have time
ceded to you by several
individuals if they can please
raise their hands has 19
apostles whatever.
Gregory Morales, Mary Young,
Ian Mills Mills I'm sorry
the handwriting's a bit
difficult It looks like I Liam
Maybe now Liam I'll come back.
Rebecca Wilder Sorry to read
Catherine Leanne Leon Lewis
Caskey Marisol Campbell.
Roslyn Cook.
Janet Clover.
Michelle Logan and Darlene Not
Is there anyone that seated
time that didn't get their name
called What's your name sir
John Mellencamp.
>> Oh, Jim Yes, that is what it
says.
Thank you very much.
You'll have 14 minutes.
Please proceed.
I am speaking on the record.
I'm Andrea Head Hebrew.
I am first and foremost a
citizen of the United States of
America and by law a national
who owes my permanent
allegiance to the United States
of America which means its
Constitution.
I am the chair of Choice Valley
Community Planning Group
The following statement is
entered into the record Encanto
is used interchangeably with
Choice Valley in the statement
as the name change occurred a
short time after the publishing
of the 2015 Community Plan
The adoption of Footnote seven
which imposed selective zoning
in the Encanto neighborhoods
was a betrayal of our community
and a clear violation of due
process equal protection,
environmental law and fair
housing obligations.
It was a policy enacted without
meaningful input bypassing
procedural safeguards,
environmental reviews and our
community's right to equitable
development including that of
21st Century Parks as Degnan
designated for our areas
affected in our community plan.
Footnote seven must be repealed
retroactively because it was
unlawful at inception and is
poised to do irreversible and
severe harm to our community.
Before Footnote seven District
four the low resource primarily
nonwhite district with by far
the greatest concentration of
black San Diego and had
crumbling roads, poor schools
boarded up storefronts, food
deserts severely deficient
stormwater infrastructure trash
strewn medians filled with
cracked weed written asphalt
and streets with no sidewalks.
The few parks we have are
broken down relics from
the middle of the last century
the only amenity we had was 17%
of the city's r's one two Lot
size.
Footnote seven completely
eliminated the one amenity we
had District one the far
wealthier and whiter District
had all the things lacking in
District four and had a
whopping 61% of the rs one two
Lot size.
Footnote seven Reduced District
four share of that lot size
from 17% to zero while
increasing District one share
from 61% to 74%.
Housing cost is driven at least
as much by location as it is by
inventory.
Everyone is familiar with
the retail and real estate
maxim of location location,
location.
As long as there are large
areas that are deemed undesired
rebuild the cost of housing
will remain inflated.
Fixing this means leveling
the public amenities available
throughout our city.
Modern well-paying park What
I'm sorry Modern
well-maintained parks bring
higher quality retail and more
residents with higher incomes,
more schooling and more time to
engage civically When Choice
Valley is no longer considered
undesirable, the prices of
housing and other areas of our
city will come down.
Our community does not oppose
housing.
In fact the 2015 Encanto
Community Plan significantly
increased multi housing
capacity by over 8000 units.
While reducing single family
units by 203 resulting in a net
population increase of over
28,000 a 160% growth.
So why are we so fiercely
opposed to footnote seven?
Because it was unlawful and
unconscionable.
It was buried within
the sprawling Phase two of
the 2019 land Development Code.
A massive collection collection
of amendments divided into
three phases due to its sheer
size.
The Phase two update was
presented to the Community
Planners Committee or cpc on
October 2nd, 2019, giving
members only three weeks to
review it before Planning
Commission's hearing on OCTOBER
26th, 2019.
At that Planning Commission
meeting cpc Chair Wallace
Wolford requested a three month
continuance citing
the overwhelming size of
the update and the need for
the cpc individual planning
groups and the code monitoring
team to adequately review and
provide input.
The cpc had voted unanimously
27 to 0 to support the requests
underscoring the need for
sufficient time for public
participation which is required
for meaningful due process.
Priscilla Escobar, chair of
the Code Monitoring Team,
described the process as being
quote like drinking out of a
firehose in quote illustrating
how overwhelming the rushed
timeline was for those tasked
with analyzing the changes.
Despite these very valid
concerns, the Planning
Commission denied
the continuance.
Commissioner Vicki Granites
harshly rebuked the cpc and
Planning groups for quote being
so far behind.
While Commissioner Susan
Pearson argued that there were
time sensitive items requiring
immediate approval notably
during that meeting
Commissioner William Hoffman
questioned the rationale behind
requirements of Footnote seven
applying exclusively to
southeastern San Diego and
Encanto.
In response, Planning
department staff provided
misleading justifications
stating that Footnote seven was
needed to quote clean up
inconsistencies and avoid
penalizing smaller lots in
Encanto an assertion that
failed to acknowledge
the Ordinance's direct conflict
with the Encanto neighborhood's
community plan.
Following this flawed process,
the City Council voted
unanimously on DECEMBER 17th,
2019 to adopt phase two of
the Land Development Code
update without incorporating
any input from the cpc code
monitoring team or individual
planning groups.
Footnote seven represents a
violation of the affirmatively
furthering fair housing or affo
obligations under state and
federal law.
These obligations require local
governments to actively
dismantle housing
discrimination and segregation
while creating equitable
opportunities for all
residents.
Footnote seven does
the opposite.
By disproportionately burdening
choice Valley a predominantly
black and Hispanic community
with the reduction of
greenspace to increase housing
stock with reduced lot sizes
and increased density it
exacerbates preexisting
inequities and segregated
housing patterns.
Furthermore, adding more market
rate housing to an area already
deemed undesirable due to its
lack of resources and its
racial segregation of primarily
nonwhite residents.
Does nothing to affirmatively
further fair housing.
Such housing will remain
undervalued compared to
virtually identical market rate
housing in whiter high resource
areas.
Perpetuating the racial and
economic inequities.
That effort was designed to
address.
Additionally, the increased
density allowed by Footnote
seven imposes significant
environmental burdens on our
community including worsening
heat island effects
overburdened stormwater
infrastructure and reducing
access to public green spaces.
These impacts contravene both
Fair Housing Act and
California's eight ffo mandates
which demand proactive measures
to address systemic inequities
in housing and environmental
quality.
Footnote seven entrenches these
disparities rather than
alleviating them making it
repeal necessary to comply with
law and uphold fair housing
principles.
The city has failed to
demonstrate that Footnote seven
serves a public good that
justifies the disparate impact
it imposes on Choice Valley.
While disparate impact on
certain communities MAY in
limited cases be permissible
under equal protection
principles if they are tied to
a compelling public interest.
Footnote seven fails to meet
the standard to the extent
the stated justification about
cleaning code up and making it
more consistent makes any sense
And it's not suspected as a
pretext for something shameful
.
It appears to have been done
for administrative convenience
rather than any demonstra ble
benefit to the public at large
or to the community It burdens
as established in village of
Arlington Heights versus
Metropolitan Housing
Development.
Government policies that create
racial disparities must have
strong justifications rooted in
the public good to withstand
legal scrutiny.
Footnote seven has no such
justification This policy's
disparate impact combined with
its procedural irregularities
renders it indefensible under
equal protection principles.
The city attorney's dedication
to defending the indefensible
acts of the city sets a new bar
for behavior that is merely
under the color of law.
>> Footnote seven also violates
Sequoyah, which mandates an
environmental review for
significant zoning changes.
The failure to conduct an
environmental impact report
constitutes a deprivation of
procedural due process a seek
to ensure stakeholders are
informed of potential
environmental impacts and given
the opportunity to participate
in mitigating them.
This omission denied residents
of Choice Valley
the opportunity to raise
concerns about the increased
densities environmental
consequences such as heat
island effect and storm water
runoff as established in Moline
versus Central Hanover Bank and
Trust and Walker vs City of
Hutchinson Due process requires
notice reasonably calculated to
inform interested parties and
provide them a fair opportunity
to be heard.
The absence of a second
mandated eia also violates
precedent requiring
environmental review of
significant zoning changes per
Know Oil Inc. Versus the City
of Los Angeles.
Furthermore, Footnote seven is
substantively unlawful because
it conflicts with the Encanto
neighborhoods Community plan of
2015 and the city's general
plan under Lester
Communications Inc. Versus
the City of Walnut Creek Zoning
ordinances inconsistent with
the general plan are invalid
from inception.
Footnote seven Increased
density contradicts the Encanto
community plan's provisions for
infrastructure development,
greenspace preservation and
environmental sustainability
rendering it void under this
principle allowing projects to
proceed under Footnote seven
would set a dangerous precedent
and undermine public trust If
developers and city officials
are allowed to benefit from
ordinances later deemed
unlawful.
It creates a perverse incentive
a perverse incentive for
passing and relying on unlawful
legislation.
California Government Code
66498.1 prohibits reliant on
ordinances that do not comply
with state or federal law.
Acker versus Baldwin
invalidated development
approval based on
unconstitutional zoning code
and Starbird versus County of
San Benito has specific
applications to violations of
Sequoyah.
Allowing such reliance would
discourage accountability erode
confidence in the city's
planning processes and
disproportionately harm
marginalized communities.
It is essential to send a clear
message that unlawful
ordinances cannot serve as
the basis for development
approvals.
The Choice Valley Community
does not oppose housing.
Our 2015 community plan
demonstrated our commitment to
sustainable and equitable
development.
Footnote seven seven However
disregarded our needs and
the law prioritizing developer
profits over both its
retroactive repeal is necessary
not only to correct past harms
but to ensure a future where
all San Diego communities are
treated with fairness, dignity
and respect.
If there is a burden to be
borne as a result of
the unlawful passage of
Footnote seven it should not
fall on a demographic that has
been misused and neglected for
over a century.
>> So City of San Diego.
Pay the developers if they
should prevail or you think
they ought to prevail but halt
the development that is based
on wrong and unlawful zoning.
That remedy though somewhat
painful is the least our
community's do on this matter
and do this without board
burdening our already low
resource community with taking
you to court.
The recommendation before you
today needs to amended to have
explicit retroactive effect.
The mere fact that footnote
seven effectively resound an
area with a significant change
in density without an
environmental impact review is
all alone sufficient reason for
you to amend it?
This should be a no brainer
decision albeit one that
requires the courage of your
patriotism.
And just in terms of just math
basic math one acre divided by
20,000ft is to two Lot two
unit not four.
>> Thank you.
>> Next is Ameen Amin.
You have time ceded to you by
Sanam Pessl over Sanam Can you
please raise your hand?
>> Thank you so much.
You'll have two minutes.
Please proceed.
Good afternoon.
Well, let's be honest Footnote
seven was quietly added to
the city code.
We all know that by now with no
transparency on notice to
the community And now it's
being used to push through high
density projects.
These projects are
fundamentally changing
the character of our
neighborhoods with or without
our consent And they're based
on a rule that none of
the residents didn't even know
existed.
This isn't just about
the density.
It's about justice.
And Canada has a long history
of redlining and equality and
this footnote feels like yet
another blow to a community
that already endured systemic
inequalities for decades by
allowing these projects to
proceed.
Accelerating gentrification
displacing long time residents
and continuing a legacy of
unfair treatment.
There's also a legal question
here How can project still rely
on a quietly added footnote one
that many stakeholders weren't
even aware of be considered
valid?
This lack of transparency
undermines trust in the process
and raises serious concerns
about whether these projects
comply with the principle of
equality and due process.
I urge the Council today to
take immediate action halt
these projects that are tied to
footnote seven until a full
review can be conducted with
proper community community
input.
Let's take a step back and
think about how we can support
and can do it without
continuing to perpetuate
the pattern of inequality and
displacement.
>> Thank you xo Susan Baldwin.
You have time to buy Yvonne
Jones.
Yvonne Jones are you here?
Thank you.
You'll have two minutes.
Please proceed.
>> Thank you.
I am here speaking on behalf of
neighbors for a better San
Diego.
In support of the Planning
Department's recommendation to
remove a footnote Footnote
seven which only applied to
the Troilus Valley Community
Planning area and Southeastern
Community Planning area where
there is no such zoning and did
not affect any other rs one to
zoned lands in the city.
Footnotes seven should be
removed from the municipal code
however because of the improper
and apparently deliberatively
deliberately deceptive process
used to approve Footnote seven
which has yet to be explained
by the Planning Department or
any city officials The removal
of footnote seven should be
applied retroactively to any
projects that submitted
applications using the footnote
zoning including the two
projects known as the Klauber
Project and Radio Towers Old
Memory Lane project.
These projects should not be
allowed to go forward as
currently proposed.
In addition, it is important to
note both projects are located
on community plan designated
park land.
The manner in which Footnote
seven was adopted lumped in
with a general land development
code update deliberately and
unfairly bypassing community
input denied the community
the ability to negotiate any
community benefits such as
setting aside a portion of both
sites for park space to
implement the community park
designation In both the general
plan recreation element and
the community plan in exchange
for subdivision of the land for
development.
Why were these projects?
Why are these projects not
required to process community
plan and general plan
amendments giving
the designation Given
the designation of the sites
for Parkland?
>> Thank you for that
concludes.
Thank you very much.
Hazel Higgins And you have time
to go to by DR. Catherine Pope
.
>> Catherine Pope There's
another microphone that's lower
for Come here Access.
And I'm sorry I didn't see
the hand of Catherine Pope.
Thank you so much, DR.
Catherine Pope.
Thank you so much.
Okay.
Good afternoon, City COUNCILMAN
And especially COUNCILMAN
Foster.
My arthritic body.
86 years young is not happy to
be here with you this
afternoon.
I've been here many, many times
before.
I've served in my community for
more than 60 years serving on
the Southeast Development.
Southeast Park and Recreation.
PRESIDENT Of my pta for more
than three years.
PRESIDENT Of the Emerald Hills
Neighborhood Council for more
than three years Working with
many, many.
Many of my people My community
people.
I'd like to tell you about
the Encanto task force.
Many years ago.
Petitioned the City Council to
rezone the Encanto community.
R 110 r 115 r 120 Because we
liked the hillsides
the openness and it all.
>> The project that is planned
.
My kitchen window looks on it
My my.
i have two houses on Egret
Street on the hillside one
house down below and a vacant
property.
I have done a real estate
license for many years and I
could have moved I could have
bought property in other areas
but I like the Encanto
community.
But this is that my bell
ringing.
It's the same old.
La la la And it's just a
different day.
This is our day in court.
You listen to us but do you
hear us?
Do you really hear us?
Do you hear us?
Your hoper made me CHAIRMAN Of
the open space in southeast San
Diego and I took it seriously.
It was 5.39 acres of designated
adopted open space.
So okay, that is your time But
thank you very much for coming
And that does conclude public
comment hearing Council
chambers will go to those
participating remotely.
I started the five minute time
We're here in council chambers.
We currently have ten
individuals with their hands
raised starting with John
Stump.
>> If you can please unmute.
Thank you very much.
I completely agree with
the community presenters.
GOD bless the soul of our
COUNCILMAN George Stevens.
I urge all the community
members there to vote no on
the proposal to increase their
water fees and taxes.
You got to cut off a form and
send them in.
I have property.
My family has property in
District four and I am
the secretary of property at
4425 Home Avenue.
We are being mistreated.
It's racial.
The complete southeastern San
Diego Planning Group's scheme
is racially based and there's
no reason that Ridge view Home
Avenue and Webster should be in
City Heights.
I just concluded sir.
>> Next is Francine Maxwell If
you can please unmute Francine
Maxwell and resident Thank you
for the presentation.
Again we are looking for bold
leadership.
>> We've been looking for bold
leadership for quite a while
and although we enjoy our
district elections sometimes
it's a shot in the foot because
you wouldn't treat all of San
Diego as our mayor says a city
for all of us that way.
You allow one community to be
treated a certain way because
it's represented by one person.
So since we are a democracy and
everybody represents everybody
,let's go ahead and amend and
make sure that it covers
the past and the present and
remove footnote seven.
We know that there will be some
challenges when it comes to you
moving to your next office and
you need those donations.
But the donors, the developers
are very forgiving So do do
the right thing for the people.
Thank you so much.
>> Thank you.
Next is Catalina in us?
If you can please unmute.
Thank you.
I would like to start by saying
I believe you.
The City Council voted for
the 12th planning update under
false and deceitful testimony
given to you by the planning
group.
And with that I would like to
say please repeal footnote
seven halt and terminate all
permits that were illegally
approved by the footnote.
As most have indicated,
the most inexpensive way to
make this community back whole
is by you halting, stopping
terminating all and any
footnote seven approved
projects under the fairness
Housing Governance Code of 8890
9.5.
It requires a balanced living
pattern.
Encanto is a food desert.
Adding housing to a food desert
will make it a food depression.
No to the Clabber Project and
no to the radio project.
Thank you.
Next is Robert Campbell.
If you can please unmute.
>> It's not enough to simply
repeal Footnote seven Any
project relying on it must be
stopped immediately.
Make the amendment to
the Planning Department's
proposal to retroactively void
any project relying on Footnote
seven.
The City Attorney's JANUARY
22nd memorandum supposedly
addressed the legality of
footnote seven in the San Diego
Municipal Code but only
partially as a footnote to on
page three of that memorandum
indicates conflicts with
the Encanto community plan
the general plan equity and
environmental justice as well
as issues related to rezoning
without due process and
violations of sequel none of
which were addressed in
the memo.
Why?
Because these issues are
indefensible and the city
attorney knows it.
The city attorney should have
released an evaluation of all
issues raised including those
in footnote two of the memo to
the Council and to the public
for review.
But did not which makes
the council decision an easy
one today.
Council Please add the language
to retroactively reject
projects relying on footnote
seven today or you'll end up on
the side of history You'll
probably live to regret.
>> DR. Ethel Sims If you can
please unmute.
DR. Ethel Sims I can't unmute
for you.
I will have to move on to
the next caller a pop up should
come up to unmute.
Hello.
Yes, please proceed.
Hi.
Let me stop the apple since I
live in the other side of Inver
hills.
Coronavirus states and this
this development has been here
for 45 years.
I do think that footnote seven
was wrong but moving forward I
do feel like housing and
community type beautification
projects that will enhance our
community are overdue.
We always get in our community
Encanto and Southeast.
Some high density practices or
just regular homes.
There are kind of like designs
similar to Coronado views and
upgraded with them and Hills
design.
So they'll be single families
Two stories.
No one right now is living on
the property that's proposed
with D.R. Horton.
So we can't have views any way
but we get houses up there that
we can upgrade.
We can actually have
neighborhoods that are kind of
like have more amenities and
become enhanced.
Yes, we've been downplayed and
there have been some
irregularities and unfair
treatment in our communities.
But these housing projects can
come in and it can actually
enhance us and we can have an
opportunity to connect.
Time has concluded.
My apologies.
Victoria Brousseau also
the five minute timer has
concluded here in council
chambers.
There are six callers left.
No additional callers will be
taken.
Victoria, please proceed.
>> Good afternoon Council
members As the victory lap
Rizzo I'm the chair of
the Scripps French Planning
Group but I'm here to
personally support
the residents of Encanto and
Choice Valley Community
Planning Group.
Bottom line that footnote seven
was not properly vetted as
acknowledged by the City
Planning Staff report.
The process by which
the footnote seven was adopted
did not represent best planning
practices procedurally That's a
quote from the report.
Therefore it should be removed
and any projects depending on
it should be canceled.
It's time for a win for
the voice of the community.
Again approve the removal of
Footnote seven and legislate
that the current projects
relying on footnote seven be
removed.
Honor the community plan zoning
established by appropriate
procedures and do not allow
the procedural mistakes by
the city planning Department to
adversely affect the residents
of Choice Valley.
Thank you for your time.
>> Thank you.
Next is Blaire Beekman.
If you can please unmute.
>> Hi we're Beekman.
Always in the children's
waiting pool trying to wade out
into the deeper waters of
the subject.
I thank you.
I'm interested in how you know
we haven't beginning concepts
to really want to develop
generational wealth in
the future of our housing.
That's an important factor.
And market rate housing.
City government staff seem to
be talking about that I'm not
sure.
But can we concentrate that We
have to question you know,
market rate housing and
consider what housing can be
for people and their incomes in
the area and not you know means
middle income housing and lower
mixed income use Ideas I talked
about often.
You know that can be a factor
in flexibility to this process
really be considering to work
organically with it.
Please.
We're in a new era.
You've got a good community
here asking questions.
Good luck and organic.
>> Thank you.
Your time has concluded.
Next is Sally.
Sally Small.
All righty then.
Thank you.
I am Sally Small Animal Hills
resident co-PRESIDENT Of
the Animal Health Neighborhood
Council.
As to footnote seven it's been
made very clear by everyone
ahead of me that not only do we
not like it, we think it was
decided upon behind closed
doors.
Yes, it was created in a way
that is not open to the public
presentations and not being
able to be seen by very many
people.
You know the cpc asked for
extra time back in 2019.
Now come forward.
It's out there.
We need to say hey, get rid of
the footnote.
Get rid of the projects that
have already been approved void
them out completely and let
them try again with the lower
numbers But they need to have
an environmental review and we
need to support the people that
live in that neighborhood.
And your time has concluded.
My apologies Dana Give it after
that is Jeff Tutor and our
final speaker 7968.
>> Thank you.
The city's timetable to
finalize repeal of footnote
seven is a slap in the face to
Choice Valley.
The timetables being maximized
allowing more projects to
submit plans before footnote
seven effectively disappears.
The council should be
expediting this.
Additionally, both the Klauber
and Radio Tower projects are in
areas designated for future
parks in the 2015 Encanto
Community Plan.
How can the city allow these
areas to be developed with
housing without requiring
community and general plan
amendments?
This is unconscionable.
The city should and the city
attorney should be looking at
this.
I do not believe this would be
allowed in any other community
only in district floor.
>> Thank you for your time and
consideration.
>> Next is Jeff Huber.
If you can please unmute Thank
you council members and regret
that I'm not able to attend in
person today due to an illness
but I can't emphasize enough
how important this issue is.
To reinforce earlier comments
neighbors for better San Diego
support staff's recommendation
to remove footnote seven from
Table 131 support of the Land
Development Code.
However, if we disagree with
the Planning Department and
City Attorney's justifications
for allowing planning projects
to continue taking advantage of
Footnote seven regardless of
whether it was legal, Footnote
seven was here skillfully and
deceptively written to skirt
legal requirements or would
have required.
They go through the Community
Plan amendment process which in
turn would have required and
allowed the residents to of
Choice Valley to negotiate a
park or other community benefit
in exchange for the community's
adopted plan.
I urge you to not only remove
Footnote seven but apply that
removal to other future
projects and current projects.
Thank you.
>> Our final speaker is 7968.
If you can please unmute and
thank you to the quick
communities ideally coming out
of two three.
I don't live in your district.
Good luck to all of you.
I'm going from a very tight
view of this and I want to say
this This is a beautiful
historic moment and let's open
our hearts and our minds to
this.
We are stumbling.
There are human beings together
figuring out this life and we
are stumbling.
So open your hearts and open
your minds.
I don't know what the answer is
going to be but I respect and
love the answer.
We're stumbling.
We're in this together.
Let's keep it one San Diego one
people and one dream Win all.
>> Thank you.
That concludes our public
comment And item 331 for
the record.
We did receive eight web
comments in opposition and 24
in favor.
Those were distributed to
the council.
Thank you.
>> All right, you city clerk
Thank you everybody that showed
up today and participated.
A special things for me as
the council PRESIDENT For
the respectful way that you
conducted yourselves, you made
it very clear about your
passion on this issue but you
allowed us to move quickly
through in a fit not quickly,
efficiently you through that
And I appreciate those people
that took the time to call in
as well.
So we'll now go to our council
members for questions and
comments and entertain a motion
and we'll start with Council
member Foster.
>> Yes, Thank you Council
PRESIDENT And thank you staff
for the presentation.
Also thank you to all
the district four residents who
came out today and provided
public comment on this matter.
As I have indicated on several
occasions, I strongly support a
balanced housing approach
creating pathways to
homeownership is critical to
the sustainability of District
four and we must continue to
bring forward options and
pathways for residents to build
generational wealth through
homeownership.
I have stood by my community
when it comes to fighting
the concentration of poverty
and the hundreds of deed
restricted units.
District four continues to
receive.
>> I would also like to again
thank all the District four
residents and community groups
as they play a key role in
the development, growth and
sustainability of the district.
And I will always encourage
planners, developers and city
staff to engage with our
community when land use policy
changes and developments are
taking place.
I want to thank the City
planning staff for presenting
information concerning this
land use designation to
the community and receiving
their feedback.
As I have previously previously
said on this Dyess the lack of
transparent and see and
engagement in policy making
affecting neighborhoods
especially those historically
discriminated against like
District four is unacceptable
And I continue to share my
community's concern that
the process or lack thereof
regarding footnote seven was
not transparent and inclusive.
Also, as indicated by
the city's current planning
director Footnote seven was
that was not done in accordance
with city policies and best
practices.
Hence we are here today.
Throughout this discussion
there have been references to
furthering fair housing.
>> To be clear, large minimum
lots do not further fair
housing in our discriminatory
as they were designed to keep
specific individuals from
moving into a community.
>> These are policies that we
must address as they continue
to be harmful and further
the economic divide which
directly impacts quality of
life and opportunity.
I recently read a 2024 San
Diego Law Review article
Cutting zoning down to size
revamp due to the legal
vulnerability of urban minimum
minimum size lot sizes where
studies consistently highlight
how these types of rules hurt
affordability promote exclusion
and waste land.
Here it was indicated that
large bean in lot size rules
limit single family home
ownership, drive up housing
costs and deepen inequality by
prioritizing rental focused
multifamily developments.
Houston, Texas provided a
compelling example After
reducing large minimum lot
sizes in 1998, the city saw a
surge in market driven
investment that revitalized
aging housing stock, increased
generational wealth and
strengthened its tax base.
Research also reveals that
the adoption of large minimum
lot size rules in many cities
outside the American South
coincided with the arrival of
black Americans during
the second Great Migration and
the push for school
desegregation.
This timing suggest that large
median lot sizes were not only
driven by fiscal considerations
but also served exclusionary,
racially motivated purposes.
Frankly, frankly large minimum
lot sizes are outdated and
harmful serving as barriers to
affordability while
perpetuating exclusion and
inequality.
And to be clear I think it is
we need to know and make sure
we understand the history of
District four.
My family was one of the first
black black families to move to
the community and dealt with
the discrimination firsthand.
My grandfather built
the Encanto baseball fields as
a city would not do it.
It is clear we need zoning
reforms that promote equitable
homeownership.
>> We must champions zoning
reforms that prioritize for
sale homes and promote
equitable access to
homeownership citywide making
our city a place where more
residents can thrive.
With that it is ever so
critical that we support
balanced for sale housing
options in district four to
ensure our sustainability while
ensuring we preserve community
character.
Having said that, we also we
have also received countless
public comment from communities
citywide regarding the city's
adu density bonus program.
These provisions go way beyond
state regulations and are doing
more harm than good.
>> Thank you.
As I spent the past weekend
celebrating the life and legacy
of Reverend DR. Martin Luther
King Jr, I took time to drive
in cancer and I must say that I
agree with my community.
The current adu density bonus
program as implemented is
destroying community character
impacting for sale
opportunities and potentially
creating unsafe conditions.
We must pauses program and
address all unintended
consequences and negative
impacts that are affecting
communities citywide.
When I conclude I want to
indicate that I am in support
of staff's recommendation
before us today.
I will say again we must
continue to support our working
families.
Our skilled and trained
workforce teachers, nurses,
firefighters, police officers,
professionals, mothers,
fathers, millennials and
the like who seek to build
generational wealth and have an
opportunity tunity to buy, live
and raise their families in
District four and citywide.
>> >> With that I move
the following approves Das
recommendation to remove
the footnote seven from
the Land Development code and
to request that city staff
return to City Council within
60 days with an action item to
remove the city's 82 density
bonus program so that the 82
program is consistent with
the state mandated adu
regulations for single family
zoned parcels.
>> I would like to.
>> I would like to thank my
fellow council members and ask
that you stand with me in doing
what is right for our
communities.
>> And Council PRESIDENT This
concludes my comments.
>> All right.
Thank you, sir.
We'll get that up on the screen
so everybody understands that.
And we'll go next to council
member Campo.
Thank you, Council PRESIDENT.
I want to thank everyone who
came to the meeting.
Well, first the planning
commission then all your
community group meetings then
to State of the City public
comment and then today because
this is a lot of time, effort,
money out of your pocket that
you're not working and having
to find daycare or childcare.
You've put exceptional effort
into community concern As I'm
looking at Councilmember
Foster's motion approving an
ordinance to get rid of
footnotes seven that is clearly
important and just on its own
because it's clear that when it
was put in it was not done
the right way.
Planning staff has said that
that is at the core of why they
want to get rid of it that it
was not done the right way.
That that's undeniably clear.
The request to return to city
staff for 60 days with an
action item to the 80 density
bonus program.
I know that my constituents
have serious serious concerns
about how that's applied
throughout the city.
Councilmember Foster has
described how this impacts
the folks here.
And I'll just say for the folks
who are at home who can't see
what we can see down here,
there are a lot of red eyes and
wrinkled foreheads And folks
who are really, really anxious
for the state of their
community here angry as well.
Yes.
I think that these two
components right here while
obviously we also heard folks
say that a pause on
the projects is is an ultimate
goal.
I think that it is really
important to understand what
the city staff said about what
that means to ask for that
particular amendment.
I have to ask our staff these
items that are at the Club for
Development and the Radio Tower
those things those those things
are discretionary items that
are not just sailing through
because we're not mentioning
them specifically today.
They do have to come back for
different votes, don't they?
That is correct.
Those items will be separately
noticed.
And one of them was heard at
this council, the Klauber
appeal and that appeal was
granted.
I do anticipate that that item
will return to this council for
a decision on the subdivision.
The Council retains approval
authority over that subdivision
and as part of that process
required findings are required
under state and local law for
subdivisions for the D.R.
Horton Radio Tower Project.
That item is a process for
subdivision approval process
with an appeal right of appeal
to the city council.
All right.
So both of those have to come
to city council for a vote on
specific items right there.
That is correct.
Okay.
So what I think you mentioned
the word notice, right?
I think that it's important to
it's important to keep in mind
that this right here is
achieving I think it sounds to
me like two of the three things
that folks in the chambers want
And there's one thing left to
be decided at two separate
votes because they are two
different concepts that will
get deserved attention and look
at an analysis.
And and I think that that's
important for everyone here to
know as they leave here today
that that aspect is not baked
in.
But I really think that
Councilmember Foster's motion
here is a substantial step
forward towards protecting
the community of Encanto
protecting communities in my
district with especially with
that second part.
And I really do want to ask
about the concept of footnote.
I know you brought this up at
Planning Commission at what has
there been a substantial review
for any other types of
footnotes that say in any
particular community a Zoning
that is on one map is actually
not that because that is
the very most disappointing
part that such a footnote could
ever get through.
Has your staff looked for any
more of those footnotes that
actually say just kidding?
>> rs one two means rs one
seven.
>> We have reviewed the land
development code and we have
not identified any other
instances.
Okay.
I will.
>> Besides the two projects on
Klauber and Radio Tower
anywhere else in the city.
What I'm trying to say doesn't
seem to be that there's any
other projects relying on
footnotes to deal with lot size
density requirements that
differentiates based on rs one
whatever rs one whatever.
>> I don't want to represent to
you the entirety of the land
development code but with
respect to singling out a
particular community I do not
believe any additional exist.
Okay.
We we really need to make sure
that that that is the thing is
that singled out are the two
key words that people are
disappointed about.
And so I think because this
motion restores a a good amount
of justice to what's going on
here, I'm going to second
the motion from Councilmember
Foster and I appreciate that.
So thank you for doing
the analysis on that.
Councilmember Foster
Particularly that second item
and I'll leave it at that for
now.
Thank you.
We have a motion by Council
member Foster, a second by
Councilmember Campo and will go
to the city attorney.
Thank you Council PRESIDENT,
for the clarification of that
council.
The item before you today was a
notice to the public as a
potential repeal of Footnote
seven.
It was not noticed for a few
bonus issues or anything else.
The Council certainly can take
action on those in the future.
It would just have to be
noticed for a separate hearing.
Therefore we recommend that
the second part of the motion
be removed.
Other alternatives could be.
You can certainly ask
the mayor's office outside
the motion to bring back which
you would like either to
council or to committee.
It's just because of the state
law noticing require ments we
recommend it not be part of
the actual motion.
>> I appreciate the city
attorney's position.
However I find it very
problematic.
>> We are here.
We are here discussing footnote
seven which I think we have
clearly indicated that
the process that was followed
it was okay.
>> And so I take issue and I
will I'm I'm say that's how we
got put into place your right
let me finish my comments.
If it was acceptable as we move
forward as we moved forward and
we have two projects in India
application process which I
understand we do have
opportunities to review those
on their own but there's a
motion on the floor and I would
request that we call further
question or have some
additional dialog.
And that's where I stand on
this issue right now.
>> So to clarify for the value
the audience I'm supportive of
the motion.
I like to manage expectations.
We don't know what action will
be brought forward.
This is not binding on
the Council with due respect to
my colleague but it is a way to
assert a feeling by the Council
in a stronger way than simply
asking staff Would you please
do this?
Well we'll work with staff in
terms of your timelines to do
whatever analysis has to be
done in whatever scale or scope
this action requires.
I have to admit I don't know
what moving the City density
bonus program to can be
consistent with the state's adu
regulations and the state's adu
bonus density bonus I think is
what I'm hearing from my
colleague if I understand that
correctly.
So it is a more structured way
for the Council to assert our
legislative authority.
I think the city Attorney has
given us good guidance for us
to hear and then for us to
decide what we want to do.
But with that I will go to
council Bloomberg.
Thank you and thank you to
everyone who commented today.
Thank you for this discussion.
Thank you to Victoria who
called in from Scripps Ranch
Planning Group in Scripps Ranch
has quite a few issues with
the bonus edu program as well.
I know we're not noted to
discuss that today so I won't
go further than that but my
community also has issues with
this program as well so I'm
going to be supportive of
the motion as well.
I understand the concern it
wasn't noticed but this is
merely a request We're not
amending the law today.
So I see that we can make this
request in the motion and of
course I want to hear more
about the discussion.
I'm not committing my vote
either way.
I never do.
I had a discussion.
I also want to know more about
new state laws that I know are
coming down with mandates that
are affecting us.
So that's what I'd love to
learn more about as we do this
And I think Councilmember
Foster for bringing this
forward.
>> We'll go next to
Councilmember Campbell.
Thank you very much.
And thanks to my colleagues And
thank you Councilmember Foster.
I have ever since the density
bonus program in the city was
passed which far out does
the state program about use?
I my constituents have been so
upset and the material ization
of small little box on top of
small little box on top of
small little bugs called them
to use and one on one one
affordable one not and you can
double your money and it's just
we're having a terrible time in
district two with this and I
totally agree that this has got
to be reviewed and I, I agree
with my colleague Von Wilpert
who's an excellent attorney and
also here well, we're lucky We
have excellent attorneys all
around us here And I agree this
is only a request So I think it
would pass the muster And then
when it comes back in 60 days
let's hope everybody knows
about it ahead of time, thinks
about it, reads it and digests
it because this is very, very
important about keeping
the quality of our
neighborhoods in our city.
So thank you very much.
>> Okay.
We're almost there.
Come on.
We'll go next to Councilmember
Whitburn.
Council PRESIDENT Just one
request I would request that we
bifurcate the motion if we
could please.
We have a motion on the floor.
You'd have to ask the makers of
the motion So I'm not willing
to bifurcate.
Come on.
We're almost there.
Okay.
Councilmember Lee Oh, excuse
me.
Council PRESIDENT Pro Tem Lee
Thank yous PRESIDENT Thank you
for the presentation today on
this item.
We've certainly heard a lot
about it in the last couple of
months.
I want to thank the planning
Department for good due
diligence in amending the land
development code when this
issue was brought up to
the city's attention as those
in the public might be able to
tell.
I know some requested that this
happen as quickly as possible
and our planning department
actually does quite a lot And I
think when you look at
the substance of the item it's
not just as simple as removing
a footnote.
You've done some due diligence
in terms of checking with each
cd, I believe and our relevant
state officials to ensure that
this will comply moving forward
with the changes that
the planning.
That was a significant portion
of the backup material.
>> So I just wanted to confirm
that Once again we had
originally conferred with each
city and then our our city
attorney colleagues did confirm
to us separately that we would
be consistent generally
speaking with based on
the advice from the city
attorney's office that we were
able to move forward with
the removal of the amendment.
So we did later withdraw
the requests from city.
Understood.
Okay.
Thank you for clarifying that
as well.
I do And I also think
the public commenters
specifically all the residents
of Encanto for your advocacy to
correct this decision a
decision that at the time of
its adoption was frankly not
representative of the best
planning or land use practices.
>> You've heard the city
acknowledge that I think I too
like you have been asking how
that came out about to be.
But I also can tell you that
the folks in planning today are
not the ones that were here at
that time.
And so as much as as as that
might be something that we all
want understanding of, I think
how we move forward is probably
just as important as well.
I'm happy to support
the removal of Footnote seven
to restore the 20,000 square
foot minimum lot size that
matches the densities
designated in the Canton
neighborhoods Community plan
area and which is also
consistent with the application
of development regulations
citywide.
I will note I want to thank
Councilmember Foster for
talking about just the issue of
minimum lot size in general.
I think I think for this
footnote the most egregious
component of it is what some of
you have pointed out.
It is the specificity in which
it was applied only to specific
neighborhoods even despite
the rs 1-2 zoning being used in
other neighborhoods throughout
the city.
Now if this was an attempt to
apply that across the city we
might still have the same
arguments of whether that's
appropriate.
But I would I would argue that
is actually a much more
relevant way to approach a
significant zoning change here
with a zoning designation like
this as opposed to doing it
with within one community As
many folks probably know in
this room I have been a strong
advocate for housing.
I would not like to see that go
away but also would like to see
that fairly applied to high and
highest resource areas
throughout the city including
within my own community as
opposed to focused in
communities especially that
have been red line in the past
.
I appreciate that but I'll also
want to address the second item
that is attached here to
the motion at hand.
I also heard from the city
attorney I will admit when I
first saw it I also was a
little bit concerned about
where it fell within our notice
guidelines.
But you understand that
the wording here is
specifically that a request is
being made to staff lessee I
don't know if you could clarify
in your opinion if that allows
us some leeway if there are
concerns about ramifications
moving forward, I would at
least like to know to
the public what those
ramifications might look like.
The issue is that the second
part of the motion includes an
entirely different topic that
wasn't in front of the council
today.
So I would be remiss if I did
not advise you that under
the Brown Act all that's in
front of you is the footnote
seven.
However, this Council can
certainly bring back anything
else that it would like.
Okay.
Thank you for the guidance.
Clear as clear water I guess in
this particular case But but
that is that is the guidance
that I think is appropriate to
given if we didn't hear that, I
think that would that would be
remiss if you do not provide it
to us if we're going to talk
about the 80 density bonus
program as a whole as well of
course Chair the Land Use and
housing committee for the city,
I will note that I think
there's been many discussions
whether it's behind the scenes
on this council certainly
hearing from the public that
the density program bonus
program has had some
significant issues and folks
have shared several egregious
examples of the application of
that.
I will only fairly note to you
that 80 density bonus program
has also been used and not just
in District four but in areas
throughout the city to add
additional housing and not
always in the egregious manner
that folks have seen.
I can probably agree with you
that seeing a 40 unit building
pop up in a single family
parcel right next to you is
alarming for a million reasons
and that's not going to be
the same and we should not
compare it as the same as when
it is applied in other areas in
much smaller capacities That
MAY still not be okay with
folks Some folks in this room
but that do add housing to our
stock.
One of the issues that has been
brought up about the program in
the past and reported on by
the media is whether it's
actually delivering the very
low and low income affordable
housing opportunities that we'd
like to see And that has not
necessarily been the case in
the program but it has
delivered moderate income
housing in a city where when
you look at the reports that we
take a look at year after year
we often don't get moderate
income housing in any
productive way unless it just
naturally happens.
And so I will say that there
has been some value to that
program that we should not
deny.
At the same time as we're
considering the detriments to
it as well.
So with that said, I would I
would not personally jump
straight to the idea of
removing the program entirely
because we haven't even
conducted I believe a review of
the program and its function at
least since my time here on
the Council and I think it
deserves that review and
the potential for any revisions
that could be made moving
forward.
I'll take my additional three
minutes but in this particular
case I do understand that
Councilmember Foster is simply
making the request that staff
return to this as a potential
item that we might discuss at a
council and that I will respect
given the magnitude of this
overall conversation.
I just wanted to stay very
clear for the record My
positioning when it comes to
how we approach housing
decisions and that even for
something like the density
bonus program I'm very happy to
have that discussion.
But again I would not jump to
simply removing it without
understanding the full
ramifications of what that
looks like.
So with that said I will
conclude my time.
Thank you to Councilmember
Foster for your work on
the same.
All right.
Councilmember Moreno, thank you
for the presentation and thank
you to all the members that
came out today.
I just want to be very clear
that I absolutely do support
the motion on the floor but I
also want to be clear about
the fact that I'm going to have
to consider any any changes to
the adu program separately from
the action before us today.
But I will be supporting
the motion on the floor.
>> Thank you.
We'll go back to Council member
Whipper.
Thank you very much.
Council PRESIDENT I strongly
support the first part of
the motion removing Footnote
seven I am very hesitant to
support a part of the motion
that the city Attorney has
specifically advised the City
Council violates the Brown Act.
I would ask the city Attorney
and one of the reasons that I
hesitate is because if
the second part of the motion
is found to violate the Brown
Act and is thrown out, that
would invalidate the entire
motion And I don't think that's
what anybody here wants to see.
So let me ask the city attorney
if the second part of this
motion were found to be in
violation of the Brown Act,
would it in fact invalidate
the entire motion or how would
that be handled?
>> >> I can't completely answer
that question because that's
something that would be up to a
court to decide if someone
filed a lawsuit alleging a
Brown Act violation, then it
would be possible that
the court could invalidate
the whole motion.
But I can't speak to that.
>> I'm sorry.
Okay.
I think it would be safer for
everybody here to bifurcate
the motion and lock in
the repeal of footnotes seven
and deal with the second part
of the motion separately.
But I will support the motion
and if people want to take
their chances okay,
Councilmember Gilbert, thank
you very much.
A couple of things to add.
One is it showed we could if
there were a Brown Act
violation allegation we could
simply cure the motion.
Correct.
Just hear it again.
We just have to go to court to
be cured.
>> The Brown Act as you know,
has some requirements that
someone before they do ask
the city to cure the violation.
That's not true for every
single violation of the Brown
Act.
So I would need to double check
on that.
But to answer your question in
part yes, generally the council
would need to have an
opportunity to cure that before
a lawsuit could be filed.
Okay.
Thank you and I appreciate it.
And I understand not having all
the answers on the spot
Attorneys get better all
the time.
I just wanted to also add more
context to my request in terms
of when we come back to have a
discussion again in District
five actually as far as I
understand it, based on last
year's report accepted the most
infill density the second most
of any district in the city
some short of District three we
accepted thousands of housing
units in our district in
pre-independence ghettos and
Castle Mountain.
Our script for Clean Plan Group
is actually not against a new
project going forward in
Rasouli So our district does
want to accept new housing for
young families, for
professionals we are we are all
about that.
Our concerns are about when
things aren't planned.
We can't have a 40 unit
apartment building going up
south of Cammarata Road where
there's only one exit in and
out and that community barn in
2003 we just had a major
traffic back up in
the evacuation of Rancho
Bernardo when the fire broke
out where all the new
developments are and we're
going to address that if we can
fix it.
I'm meeting with the police
department next week to talk
about evacuation procedures.
We can certainly fix it but
that's because these are
planned developments and we
know where they're going.
And so I think that's part of
our request is just to make
sure that we have transparency
in this and that things don't
just pop up out of nowhere.
So I'd love to talk about, you
know, fire zones and evacuation
plans when the when this comes
back And again, I'm not
committing my vote either way
because I wouldn't do that.
I'm committing to having a
discussion again.
So I appreciate that And thank
you very much for your time.
All right.
I don't see anybody on
the lights sitting here in this
chair.
I feel compelled It seems to me
that there's definitely
the vote for the first part and
I believe there's actually
definitely votes for the second
part.
The risk that the city attorney
has not addressed and I don't
think my colleagues have asked.
We're fighting the clock on
getting rid of footnote seven
Any delay pushes the final
action which is not final today
goes through bureaucratic steps
before footnote seven actually
is a race from the books.
Well anybody come after us for
a brown I don't know But there
is a risk But I think the votes
are there if it were to
bifurcated So that's my thought
.
I'm still going to support it
as is But just want to make
sure that all my colleagues
including our esteemed
colleague Councilmember Foster
is aware of that option.
But if you want to leave it
like that in the sucker
the motion wants to leave it
like that So be it.
I appreciate the comments
Council PRESIDENT But as it
stands right now I have tried
to work with the administration
.
I have not heard anything in
regards to a pause and when I
say I drove the community I
drove a project that is in
the dead end of a hillside
where I could not drive my car
through the road to get there
and for me I don't know how we
get a fire truck through.
There you go.
And so I just have to stand on
my position at this point And
again it is to request an
action to come back.
As I do know there is a lot of
discussion that needs to take
place because when we roll this
out and did the implementation
clearly we did it wrong.
Yeah And so I would request
that we move forward and call
for the question and let's move
on.
Thank you.
That was the last comment.
The motion is up there on
the screen.
Put forth by Councilmember
Foster and a second by Council
member Campo.
Clerk Call the vote.
>> I started the voting system.
Please cast your vote.
That does pass unanimously 8 to
0 with council member Yellow
River absent.
Okay with that action we will
now adjourn Council for
the next regularly scheduled
Council meeting on Monday